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Resettlement Action Plan & Due
Diligence Report
Of
Mudanjiang Cold Weather Smart Public
Transportation System Loaned by WB
RP1506
Mudanjiang Development and Reform
Commission
Oct. 2013
CURRENCY EQUIVALENTS (As of 31 Sep 2013)
Currency unit – Yuan (CNY) CNY 1.00 =$0.1627 $1.00 = CNY6.1480
ABBREVIATION
AH Affected HouseholdAP Affected PersonCNY Abbreviation for Yuan, PRC’s currencyDI Design InstituteEA Executing agencyEAR Environmental Assessment ReportFSR Feasibility Study ReportHH HouseholdLAB Land Administration BureauLA&R Land Acquisition and ResettlementLAO Land Acquisition OfficeLPMO Local Project Management OfficeMCWSPTS Mudanjiang Cold Weather Smart Public Transportation
SystemM&E Monitoring and EvaluationMMDRC Mudanjiang Municipal Development and Reform
Commissionmu Chinese land area unit, 1 mu = 0.0667 ha or 1 ha=15muNGO Non-Government OrganizationPMO Project Management OfficePRC People’s Republic of ChinaRAP Resettlement Action PlanRIB Resettlement Information BookletRMB Renminbi—another word for the PRC Currency, the YuanSA Social Assessment SES Socioeconomic SurveyWB World Bank
NOTES(i) The fiscal year of the Government of the People’s Republic of China
and its agencies ends on 31 December.(ii) In this report, "$" refers to US dollars and “¥” refers to CNY
Content
Executive Summary.....................................................................................................I
1. Project Background..............................................................................I
2. Project Impacts.....................................................................................I
3. Policy Framework and Entitlements...............................................III
4. Resettlement Measures.....................................................................V
5. Vulnerable Groups and Women Groups........................................VI
6. Public participation and information disclosure...........................VII
7. Complaints and Appeals.................................................................VII
8. Agency..............................................................................................VIII
9. Monitoring assessment and report..............................................VIII
10. Resettlement budget..................................................................VIII
1 Project Overview...................................................................................................1
1.1 Background..........................................................................................1
1.2 Project Overview..................................................................................2
1.2.1 The Project Components and Immigration Influence
Identification.................................................................................................2
1.2.2 Benefited areas and affected areas.....................................10
1.2.3 The Project’s Social and Economic Significance...............11
1.3 Measures of Avoiding or Minimizing LA and Resettlement.........14
2 Project Impacts...................................................................................................16
2.1 The Definition of Project Impact......................................................16
2.2 Impact Categories.............................................................................20
2.3 Survey Methodology and Process..................................................20
2.4 Social Survey results........................................................................21
2.4.1 The Collection of Rural Collective Land..............................22
2.4.2 The Allocation of State-owned Land....................................23
2.4.3 The Impact of Temporary Land.............................................23
2.4.4 Building Demolition.................................................................23
2.4.5 Affected Population.................................................................23
2.4.6 Vulnerable Groups..................................................................24
2.4.7 Project's Impact on Women...................................................24
2.4.8 Affected Ground Attachments...............................................24
3 The Social and Economic Characteristics and Impact Assessment..........27
3.1 Social and Economic Backgrounds in Mudanjiang City..............27
3.2 The Affected Area, The Villages and Towns Social and
Economic Conditions........................................................................................28
3.2.1 Sandaoguan Town, Aimin District.........................................28
3.2.2 Hualin Town, Yangming District............................................30
3.3 Economic and Social Situations of Villages Affected by Levy
Land and Remove of the Project....................................................................30
3.4 Socio-economic Sample Survey of Affected Regions.................34
3.4.1 Demographic Information......................................................34
3.4.2 The Socio-economic Status of Sampling Families............37
3.4.3 Analysis of Social Gender Status.........................................37
4 Resettlement Law and Policy...........................................................................41
4.1 Laws, Regulations and Policies on Resettlement........................41
4.2 China's laws and regulations and related policies.......................42
4.3 The World Bank's Main Policy.........................................................50
4.3.1 The World Bank's Policy Objectives....................................50
4.3.2 Measures as Required...........................................................50
4.4 The Main Difference between World Bank’s policies and
between Chinese’s law.....................................................................................51
4.5 The Principle of Compensation Projects........................................53
4.6 Compensation Deadline...................................................................53
5 Compensation Standards..................................................................................54
5.1 Compensation Standards of Rural Collective Land Permanently
Collection............................................................................................................54
5.2 Compensation Standards of State-owned Land Using...............54
5.3 Compensation Standards of Temporary Land..............................55
5.4 Compensation Standards of Young Crops and Items Attached to
Land 55
5.5 Other Fees Standard........................................................................56
5.6 Interest Table......................................................................................57
6 Production and Livelihood recovery program................................................60
6.1 Resettlement Objectives..................................................................60
6.2 Resettlement Principles....................................................................60
6.2.1 Minimize Immigration Policy..................................................60
6.2.2 Equivalence Principle of Compensation..............................60
6.2.3 Focus on Principles................................................................61
6.3 Permanent Resettlement Measure.................................................61
6.3.1 Permanent LA Impact Analysis.............................................62
6.3.2 Resettlement Program...........................................................62
6.4 Affected Infrastructures and Ground Attachments.......................66
6.5 Training of Resettler and Project Labor.........................................66
6.6 Resettlement of Vulnerable Groups...............................................69
6.7 Indemnification of Women's Rights................................................69
7 Public Participation.............................................................................................71
7.1 Public Participation Strategy............................................................71
7.2 Public Opinion Survey......................................................................73
7.3 Public Participation in the Process and Information Disclosure
Plan 77
8 Grievance Procedure.........................................................................................81
9 Institutions............................................................................................................82
9.1 Institutions Related to Immigration Action.....................................82
9.2 Organization Chart............................................................................83
9.3 The Immigration Agency Duty.........................................................84
9.3.1 The Lead Team of MCWSPTS..............................................84
9.3.2 The project office of MCWSPTS(management center of
MCWSPTS)................................................................................................84
9.3.3 Project Implementation Agencies (Mudanjiang City Traffic
Police Detachment, Construction Bureau, Public Transport
Corporation)................................................................................................85
9.3.4 LAD............................................................................................85
9.3.5 Design and Research Institute..............................................85
9.3.6 Immigration External Independent Monitoring Agency.....86
9.4 Qualifications and Staffing...............................................................86
9.5 Measures of Strengthening the Institutional Capacity.................87
10 Implementation Schedule...........................................................................89
10.1 Implementation Principle of Progress Convergence of
Resettlement and Project Construction.........................................................89
10.2 Critical Missions of Permanent LA and Resettlement.............89
10.3 Critical Missions of Temporary LA and Resettlement..............89
10.4 Resettlement Implementation Schedule for the critical
Missions 90
10.4.1 Formulate Principles of LA and Resettlement
Implementation Schedule.........................................................................90
10.4.2 Schedule of Overall Resettlement......................................90
11 Fees and Budget.........................................................................................92
11.1 Fees.................................................................................................92
11.2 Annual Fund Using Plan...............................................................96
11.3 Sources of Resettlement Funding..............................................96
11.4 The Flow of Funds and the Allocation Plan...............................96
11.4.1 Flow of Funds........................................................................96
11.4.2 Allocation and Management................................................97
12 Monitoring and Evaluation..........................................................................98
12.1 Internal Monitoring.........................................................................98
12.1.1 Implementing Procedure......................................................99
12.1.2 Monitoring Content...............................................................99
12.1.3 Internal Monitoring Report...................................................99
12.2 External Independent Monitoring..............................................100
12.2.1 Independent Monitoring Agency.......................................100
12.2.2 Monitoring Procedure and Content..................................100
12.3 Monitoring Indicators...................................................................101
12.4 Post Evaluation............................................................................101
Annex 1 Due Diligence Report for Land Acquisition and Resettlement
Process of Jiangnan Public Transport Hub Construction Project....................103
Annex 2 Due Diligence Report for First and Last Stops of Public Transport
in Fujiang Road........................................................................................................113
Annex 3 Letter about the Preliminary Examination Opinions of Land for
Construction Projects of MCWSPTS....................................................................118
Annex 4 Gender Analysis in Project Area........................................................121
Annex5 Heilongjiang Provincial Human Resources and Social Security
Department "Related Notice on the landless Farmers Participating in the
Basic old-age Insurance for Urban Enterprise Workers ".................................124
Annex 6 Resettlement Information Booklet.....................................................127
1. Project Overview..............................................................................127
2. Social Impacts..................................................................................128
3. Resettlement Law and Policy Objectives....................................131
4. Resettlement Program....................................................................133
5. Compensation Standards...............................................................136
6. Implementation Institutions............................................................137
7. Grievance Procedure......................................................................138
8. Contact Information.........................................................................139
Annex 7 Announcement of the Disclosure of “Resettlement Action Plan and
Due Diligence Report” and “Social Assessment Report” of MCWSPTS........140
Executive Summary
1. Project BackgroundIn response to the actual requisition of Mudanjiang on development of
resources, environment and ecology, and people's livelihood and economy,
improve the current situation of urban public transport which is relatively
backward, Mudanjiang Municipal Government intends to loan form WB, carry
out the Mudanjiang Cold Weather Smart Public Transportation System
Loaned by WB (hereinafter referred to as “the project”). The project is divided
into four sub-projects, namely: the integrated public transport corridor sub-
project, the public transport infrastructure sub-project, the intelligent
transportation systems, the institutional capacity building sub-project.
The project's total investment is RMB 1.24 billion, of which the WB loans
$ 100 million, and the remaining portion is to be resolved by the Mudanjiang
municipal government matching funds. Resettlement fund is RMB 3,815,000,
accounting for 0.31% of the total investment.
The Project is organized by Mudanjiang DRC, which is the lead
organization. Construction period will be three years, from January 2014 to
December 2016, a total of 36 months.
2. Project ImpactsProject beneficiaries’ district cover the entire city of Mudanjiang,
especially urban residents of Mudanjiang.
The project is going to permanently expropriate rural collective land
3.05ha (45.75 acres), mainly affected 3 administrative villages, under two
towns (streets), which are under two districts of Mudanjiang City, namely Aimin area
Sandaoguan Town Beian Village and Yinlong Village, Yangming District Hualin
District Hualin Village.
Su
b-
pro
ject
Name
of
individu
al
Dis
trict
Towns
hip
(town)
Village Total
cultivated
land of the
village
Dryland to be levied Rate of land
acquisition
impact Ha Mu
I
na
me
constru
ction
(mu,
before land
Bu
s
ter
min
als
con
str
ucti
on
Bada
bus
terminal
Ai
min
Sanda
oguan
town
Yinlong
village 410 0.43 6.45 1.57%
Hualin
bus
terminal
Ya
ng
min
g
Hualin
town
Hualin
village 5700 1.51 22.65 0.40%
Subtotal 6110 1.94 29.1
Re
pai
r
sho
p
con
str
ucti
on
Daqingl
u east
repair
shop
Ai
min
Sanda
oguan
town
Beian
village 631 1.11 16.65 2.64%
Subtotal 631 1.11 16.65
Total 6741 3.05 45.75 0.68%
The project will occupy a new state-owned land of 4.69ha (70.35 acres),
of which: state-owned land that Jiangnan transit hub construction going to
occupy is state reserve land of Mudanjiang Economic Development zone,
namely national recycling economy pilot park (hereinafter referred to as Zone)
(formerly was collective land of Dongan District Xinglong Town Niehe village,
acquired in 2006), total 4.29ha (64.35 acres), the state-owned land will be
used by free allocation; the state-owned land for Fujiang Road bus terminals
construction is the land occupied by the Dongsi cross-river bridge project two
in 2011(which was village collective land of Yangming District Xinxing Street
Dongjiang Village before expropriation), total 0.4ha (6 acres), the state-owned
land will be used by free allocation.
The project does not involve temporary land occupation.
The project does not involve the demolition of buildings.
The project affects a population of 102 from 26 households, which are all
II
Han, caused by collective land occupation; this project does not involve any
house demolition.
Subproject Individual
construction District
Township
(town)Village The number of AHs (family )
The number of affected
persons(person )Tota
l
Among which:vulnerable families Tota
l
Among
which:Female
population
The
proportion
of women
Vulnerable
families
(family)
Vulnerable
population(person)
Vulnerable
types
Construction
of bus
terminal
BaDa bus
terminal
Aimin SandaoguanYinlong 3 0 0 N/A 13 6 46.15%
HuaLin bus
terminalYangmin Hualin Hualin 18 1 1
The
elderly,lo
w
household
69 33 47.83%
Subtotal 21 1 1 N/A 82 39 47.56%
Construction
of repair
shop
Daqing
Road repair
shop
Aimin Sandaoguan Beian 5 0 0 N/A 20 11 55.00%
Subtotal 5 0 0 N/A 20 11 55.00%
Total 26 1 1 N/A 102 50 49.02%
In the 26 AHs, there is one (Hualin town Hualin village, accounting for
3.8% of the total affected households) that received the government minimum
living guarantee. This is a vulnerable group for the elderly and low-income
families. The project will provide this vulnerable household with extra help.
Among the investigated affected population, there are 50 women,
accounting for 49.02% of the total. In the affected farmer families, there’s no
households based on single woman labor, because of being widowed,
divorced, abandoned, and other causes.
Affected ground attachments include 13 concrete poles, 8 wooden
poles,and 35 scattered seedlings.
3. Policy Framework and EntitlementsTo avoid or minimize the negative impact of land acquisition, during
III
feasibility study stage of the project, the project's location should be
negotiated fully with the affected villages, APs. Through the project
comparison and selection, choose the optimal solution.
The resettlement plan is make according to the "PRC Land Law" (2004),
"the State Council on Deepening the Reform to strict land management
decisions" (State Council [ 2004 ] No.28), relevant policies of Heilongjiang
Province and the WB "involuntary APs" and related social security policies.
Based on the policies above, after negotiation with local government and the
affected people, the resettlement principles of the project is developed as
follows: (a) if feasible, try your best to avoid involuntary resettlement; (b)
compensation and right the affected people get should be enough to at least
maintain their living standard "without project", or even increase it;(c) whether
the affected people have the legitimate rights or not, all the people affected
shall receive resettlement compensation and resettlement assistance;(d) If the
land is not enough for the person to maintain their livelihood after land
acquisition, provide cash or in-kind replacement land compensation, and other
income-generating activities;(e) Ensure that the affected people fully
understand the qualifications, compensation and standards, livelihood and
income restoration plans, project timing, and participate in the implementation
of the resettlement plan; (f) land acquisition shall not start until the affected
people are satisfied with compensation and resettlement (program);(g)
executive agencies and independent/ third party will monitor operations of the
compensation and resettlement;(h) special assistance or treatment should be
given to the vulnerable groups (including women) to ensure that they live
better, all the affected people should have the opportunity to benefit from the
project;(i) Resettlement program should be consistent with the overall
planning of district, township(town);(j) immigration fee shall be enough to
cover all affected parties .
The deadline of project compensation eligibility defining is set at October
IV
1st, 2013. The deadline will be noticed when the feasibility study is adopted.
Affected people newly reclaimed land, newly built houses, and new settlers in
the affected areas which happen after the closing date, will not be in the range
of compensation or subsidies. Any construction of buildings or trees planted
only for additional compensation only should not be counted.
4. Resettlement MeasuresAccording to the wishes of the affected villagers, the project is going to
take the cash compensation for resettlement. For permanent land acquisition,
land acquisition compensation includes land compensation fees, resettlement
fees and crops compensation fees. According to the provisions of
"Mudanjiang Municipal People's Government notice on adjusting the levy
Integrated premium around the city," this project involves Hualin Village, Beian
Village, and Yinlong village, totals 3 villages, whose integrated land
compensation standards are 25,333 RMB/mu, 40,000 RMB/mu, 50,000
RMB/mu. The project's crop compensation standard is 800 RMB/mu.
Measures for APs to restore income include cash compensation,
providing technical training and priority employment from the project, etc.
Through statistical analysis, the project's land acquisition will bring some
negative impact on farmers households’ daily agricultural production, but the
affected area is located in the suburban area of Mudanjiang City, non-
agricultural income is the main source of farmers’ income, agricultural income
account for only about 1-2% of the per capita net income of farmers. Thus,
overall, the project land acquisition impact on the per capita income of
affected farmers is very small.
After compensated for land acquisition, the affected farmers will use the
compensation fees for the improvement of land and expanding the
reproduction of household sideline. In addition, the Mudanjiang Municipal
People's Government Project Office will work with the affected zones, the
towns to arrange special funds (100,000 RMB) for vulnerable groups
V
assistance, at the same time, the project prepare funds of 100,000 for
affected villagers re-employment training.
After land acquisition, Mudanjiang Municipal Land Resources Bureau will
identify the landless farmers to participate in the basic old-age insurance for
urban enterprise workers, land use unit will pay insurance fee for these
landless farmers at the rate of 62,370 yuan per landless farmer. Affected
Village committee will convened all villagers to discuss who can be taken as
“landless farmer”, basically according to villagers’ affected degree and other
factors. The proposed list of insured persons will be twice publicly displayed
so as to collect villages’ suggestion. After payment, the qualified landless
farmers (male over 60 years and women over 55 years) can receive the basic
pension. The standard of it in Mudanjiang city of 2013 is about 500 yuan per
person per month. The specific amount of each person need to be calculated
according to a complicated calculation formula. The standard of the pension
for landless farmers will be adjusted according to the adjustment of urban
minimum living standard.
5. Vulnerable Groups and Women GroupsAccording to the investigation, all of the affected population are Han, in all
the affected 102 persons from 26 families, 50 of them are female. There is
one household with one person is vulnerable, vulnerable type for the elderly.
Women will fully participate in the resettlement activities through
information disclosure and village collective meeting; they have the equal
rights with men to access compensation, project employment and training
participation. In addition, the following implementation measures are to be
taken to protect women rights: (a) during the project construction process, to
ensure that a certain number of women (at least 20% of unskilled labors)
obtain opportunities of project unskilled employment. Besides, if the work is
same, women should receive equal payment as men; (b) in technical training,
including part-time work, hairdressing and other industries, giving priority to
VI
the affected women, at least 50% of the training population should be female
population, to ensure their economic status will not be compromised; (c)
during operation of the project, provide cleaning, security and green jobs for
women affected by the project, to ensure that its revenue recover. (d) The
affected women can receive relevant information during resettlement, and can
participate in the public consultation and resettlement. (e) Compensation
agreement must be signed by both husband and wife. During resettlement
implementation, hold a special women symposium to introduce immigration-
related policies to improve women's awareness.
For the vulnerable group family (one elderly), according to relevant
policies of Mudanjiang City, the township government will help its application
into the rural subsistence allowances; Meanwhile, the project is to set aside
10 million from the cost to establish a vulnerable group assistant fund to
support the current and potential vulnerable groups.
6. Public participation and information disclosureThrough a variety of approaches, such as meetings, interviews, villagers
group discussions, public participation meetings and negotiations, all affected
persons (including 30% of women), has been advised of key elements of the
resettlement plan. Through the above activities, the project office make APs
participate in the project, and fully considered their views in the resettlement
plan. The draft Resettlement Action Plan was publicized on October 10, 2013
in the "Mudanjiang Daily" and has been put one Mudanjiang city government’s
website. Resettlement information booklet and Resettlement Action Plan will
be distributed to the affected persons or villages at the end of March 2014,
draft resettlement plan will be published on the Bank's website before the end
of December 2013. Appeal channel has been established, the agencies will
accept the affected population grievances and complaints free of charge, and
the reasonable cost cause in the process will be paid from the project
unforeseen costs.
VII
7. Complaints and AppealsEstablish a complaints procedure to resolve compensation and other
resettlement interests disputes, of which the goal is to timely and
transparently react to the complaints of affected people. The possible
complaints of the project may come from the collective land expropriation and
so on. In this regard, WB Project Management Center of Mudanjiang City,
together with the affected districts, the town governments and village
committees take responsibility for coordinating and resolving the complaints
and appeals during the resettlement process. APs can appeal for any aspect
of the resettlement, including compensation standards and so on.
8. Agency Mudanjiang Municipal People's Government is the borrower and
responsible unit of the project, meanwhile, Mudanjiang municipal government
have established WB Project Management Center of Mudanjiang (located in
preliminary Branch of Mudanjiang municipal Development and Reform
Commission), which is responsible for the coordination of the project.
Mudanjiang Municipal Traffic Management Bureau, Construction Bureau,
automobile transportation companies and others are the implementing agency
for the project; WB Project Management center of Mudanjiang is in charge of
the resettlement plan.
9. Monitoring assessment and reportIn order to ensure successful implementation of the resettlement plan,
internal and external monitoring of the implementation of the project on
immigration will be taken. The WB Project Management Center of Mudanjiang
City, together with sub-units, that shall provide a monitoring report to the WB
every six months, will perform the resettlement internal monitoring. WB
Project Manage center of Mudanjiang City will consign an independent
monitoring institution to conduct the biannual external monitoring and
evaluation. Monitoring and evaluation costs are included in the estimated
VIII
resettlement budget.
10.Resettlement budgetExpenses incurred in the process of land acquisition and resettlement are
included in the total project budget. In accordance with the prices in October
2013, the total cost of the resettlement is 3.815 million CNY1. Among which,
permanent collective land costs is 1.5623 million CNY (40.95% of total costs);
ground attachments compensation is 53,300 CNY (1.4% of total costs);
special subsidies for vulnerable groups is 100,000 CNY (2.62% of total costs);
training costs of the affected population is 100,000 CNY (2.62% of total costs),
the direct costs of land acquisition, demolition during the resettlement process
is 1.5623 million CNY.
1Due to landless farmers participating in the urban enterprise workers basic pension requires Mudanjiang
Municipal Land Resources Bureau to determine after land acquisition. So, this part cost need to be updated in the
budget after the land acquisition.
IX
Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System
1 Project Overview
1.1 BackgroundIn response to resources, environment and ecology, the real demand of
people's livelihood and economic development in Mudanjiang City, as well as
to improve the current situation of urban public transport which is relatively
backward, the government of Mudanjiang City intends to loan from the WB,
carry out the Mudanjiang Cold Weather Smart Public Transportation System
Loaned by WB (hereinafter referred to as the project in following).
The project aims to build a green, safe city, environment protection and
low carton ecological homeland as the guiding ideology in extremely cold
area, vigorously develop “smart and safe” public transport system, and
promote the advanced concept of transportation active safety system, develop
the transit-oriented mode of transport, build and improve the corresponding
facilities, promote “safe and efficient” traffic management methods, build a
“safe, smart, efficient and environmentally friendly” traffic travel environment.
Give full play to the important role of transportation system of Mudanjiang
City, the construction of Northeast Asia economic and trade area. Specific
objectives are:
First, give priority to the development of city public traffic; improve the
public transport capacity and punctuality rate; enhance the attractiveness
greatly, the ability and level of service of public transport; build
“environmentally protection, energy-saving, low-carbon” green transport
environment; ease traffic congestion and promote green low carbon travel;
Second, solve the prominent contradictions between the rapid growth of
urban transportation and the resources of land and transportation by the
numbers; improve the effectiveness and efficiency of transport systems; and
promote the linkage of road safety system in order to make full use of the
resources and industrial advantages in Mudanjiang City; undertake
~ 1 ~
Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System
international industrial transfer and factors of restructuring; accelerate the
adjustment of economic structure to provide integrated transport support;
Third, in order to boost the tourism industry in Mudanjiang City, create a
good traffic condition for “ice and snow tourism, green tourism, the Northeast
Asian style tourism”, and enhance the image of city of Mudanjiang City and its
soft power vigorously.
1.2 Project Overview1.2.1 The Project Components and Immigration Influence
IdentificationAccording to the feasibility study report, the project is divided into four
sub-projects: the integrated public transport corridor sub-project, the public
transport infrastructure sub-project, the intelligent transportation systems, the
institutional capacity building sub-project. The specific content of the project
for:
Design and construct integration on five selected bus corridor, including
bus lanes, bus stops, and intersection widening and drainage of integrated
transformation, bus priority traffic signal control system, the transformation of
the corridor along the street entrances, pedestrian crossing system
improvement, reduction facilities, parking planning and management.
On the basis of intelligent transportation systems in Mudanjiang city on
the expansion and depth of integration, build “a data center, three large
business platforms, and eleven business systems.” It covers transportation
comprehensive monitoring, signal control, illegal automatic recording,
intelligent transportation scheduling, dispatching emergency transportation,
public transportation information services and so on.
Complete the design and construction of bus station, bus hub, surrenders
courts and other public infrastructure.
The project's total investment is 1.242934 billion CNY, of which the WB
loans is $ 100 million, and the remaining portion was resolved by the
~ 2 ~
Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System
municipal matching funds raised by Mudanjiang government. Resettlement
funds is 3.815 million CNY, accounting for 0.31% of the total investment.
The project is led by the Mudanjiang Municipal Development and Reform
Commission. Construction period is 3 years, from January 2014 to December
2016, a total of 36 months.
The major impact of the project LA and relocation is from public
transportation infrastructure, the project LA affect is shown in Table 1-1.
~ 3 ~
Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System
Table 1-1 Resettlement impact identification and resettlement documents to be prepared for this sub-projects
Name of subprojects
Construction
Units
Main construction contents of subprojects
Single project name of
subprojects
Construction contents of single project of subprojects
Impact identification
Resettlement documents preparation
The integrated
public
transport
corridor
engineering
Mudanjiang
City
Construction
Bureau
The integrated
public corridor
Taipin Road
slow system
comprehensive
reconstruction
Footpath reconstruction,set up isolation、across street
feasibility、parking feasibility, etc
Reconstruction in
the original
place, not
involves new
land acquisition,
no demolition,
no temporary
land occupation,
no livelihood
impact problem.
Compile
resettlement
Action Plan and
policy framework
for the possible
resettlement
impact
The
construction of
Xinan Street
integrated
transport
corridor
Road section adjustment, footpath reconstruction,
transportation engineering construction, set up isolation,
remake attachment lamp-posts, pipeline, greenery,
The
construction of
Pinan Road
integrated
transport
corridor
Road section adjustment, footpath reconstruction,
transportation engineering construction, set up isolation,
remake attachment lamp-posts, pipeline, greenery,
The
construction of
Guanghua
Street
integrated
Footpath and motor line reconstruction,roadbed、road
surface reconstruction,transportation engineering
construction,set up isolation, crossing
reconstruction,attached lamp、pipeline、greenery, build a
~ 4 ~
Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System
Name of subprojects
Construction
Units
Main construction contents of subprojects
Single project name of
subprojects
Construction contents of single project of subprojects
Impact identification
Resettlement documents preparation
transport
corridornew over bridge
The
construction of
Xi’santiao
Road
integrated
transport
corridor
Footpath and motor line reconstruction,roadbed、road
surface reconstruction,transportation engineering
construction,set up isolation, crossing
reconstruction,attached lamp、pipeline、greenery,
The
construction of
Dong’sitiao
Road
integrated
transport
corridor
Footpath and motor line reconstruction,roadbed、road
surface reconstruction,transportation engineering
construction,set up isolation, crossing
reconstruction,attached lamp、pipeline、greenery,
Public
transport
infrastructure
construction
Mudanjiang
City Bus
Company
Repair factory
construction
Repair factory
construction in
the east
Daqing Road
Administrative office、technological management、life
service facilities(recreation and
spot、canteen、toilet、bachelor dormitory、medical
matters)etc,that kind of office building,repair
workshop,maintain garage,material warehouse,oil gas
Propose to
expropriate
collective lands
1.11ha (16.65
mu) of Beian
Village of
Compile
Resettlement
Action Plan
~ 5 ~
Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System
Name of subprojects
Construction
Units
Main construction contents of subprojects
Single project name of
subprojects
Construction contents of single project of subprojects
Impact identification
Resettlement documents preparation
and so on, that kind of ,maintain building,stopping
pad,test road,factory road, parking
facilities,greenery,lighting,drainage,fire control facilities.
Sandaoguan
Town of Aimin
District
Public
transportation
transit hub
center
construction
Jiangnan
public
transportation
transit hub
center
construction
Transit hub management, routes scheduling, monitoring,
drivers rest,catering、hygiene,buses parking
Propose to
occupy4.29ha
(64.35 mu) in
Mudanjiang
economic
development
zone. This land
belongs to Yehe
Village of
Dongan District
Xinglong Town
of
Free allocation of
state-owned lands
included in
Resettlement
Action Plan and
compile due
DiligenceReport
of Jiangnan
Public Transport
Transit Hub
Center for the
land acquisition
The first and
last stations of
public
transportation
The first and
last stations of
Hualin public
transportation
routes scheduling, monitoring, drivers
rest,catering、hygiene,buses parking, lighting, greenery
Propose to
expropriate rural
collective land
1.51ha (22.65
mu)in Hualin
Village of hualin
Town of Yangmin
Compile Resettle
Action Plan
~ 6 ~
Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System
Name of subprojects
Construction
Units
Main construction contents of subprojects
Single project name of
subprojects
Construction contents of single project of subprojects
Impact identification
Resettlement documents preparation
District,no
demolition and
temporary land
occupation
The first and
last station s of
Bada
Propose to
expropriaterural
collective land
0.43ha (6.45mu)
in Yinlong Village
of Sandaoguan
Town of Aimin
District, no
demolition and
temporary land
occupation
The first and
last station of
Fujiang Road
Propose to
expropriate 0.4ha
(6 mu) Dongjiang
Village of Xinxing
Street of
Yangmin District
Compile the first
and last stations
of Fujiang Road
land acquisition
diligence report
Mudanjiang Transport N/A Education base proposes to build with the construction of Extend in the N/A
~ 7 ~
Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System
Name of subprojects
Construction
Units
Main construction contents of subprojects
Single project name of
subprojects
Construction contents of single project of subprojects
Impact identification
Resettlement documents preparation
traffic police
detachment
security
education
center
Mudanjiang City Transport Security Control Center,
build two-floor new building in the west of traffic police
center attachment building, only use as the Mudanjiang
City Transport Security Education Base. This building
includes transportation security exhibition, tele-
education center, education print facility,etc
original place, not
involve land
acquisition or
demolition, no
temporary land
occupation
impact, no
livelihood
problem impact
Mudanjiang
traffic police
detachment
Bus drivers
training center
N/A 1.Resting service center: planning occupy 420m2,three
floors on the land,area of structure 1260m2,including
student rest hall, supermarket, canteen, coach resting
room, office.
2. Site reconstruction: because the current bus training
place is abandon road, which need to br repaired. The
actual road area is 18900m2>
3. Vehicles and analog equipment: propose to purchase
them.
4.accessary equipment: include one gas station staff
vanish
Use abandon
road Not involve
land acquisition,
demolition, no
temporary land
occupation, no
livelihood
influence
Include
resettlement
Action Plan and
policy framework
for the possible
resettlement
impact
~ 8 ~
Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System
Name of subprojects
Construction
Units
Main construction contents of subprojects
Single project name of
subprojects
Construction contents of single project of subprojects
Impact identification
Resettlement documents preparation
problem
Intellectual
transport
system
Mudanjiang
traffic police
detachment
Intellectual
transport
system
It will expend and deep integrate on the base of
Mudanjiang City Intelligent Transportation System, build
"one data center, three business platforms and 11
business system", covers transportation comprehensive
monitoring, signal control, illegal automatic recording,
intelligent transportation scheduling, dispatching
emergency transportation, public transportation
information services and so on.
Not involve land
acquisition,
demolition, no
temporary land
occupation, no
livelihood
influence problem
N/A
Institution
capacity
building
subproject
1)establish Mudanjiang City governmental framework of
sustainable transport system;2)objectives and promote
mechanism of capacity building and project
management;3)investigation in developed countries in
terms of transportation system;5)related issue research
and technological advisory service
Not involve land
acquisition,
demolition, no
temporary land
occupation, no
livelihood
influence problem
N/A
General impact
of the project
The project will permanently occupy additional 7.74ha (116.1mu) land, of which 4.69ha (70.35mu) is state-owned land, will be free allocated to this project
with no compensation; the other 3.05ha (45.75mu) is rural collective land, will be acquisitioned with compensation. There are 26 households, 102 people
are affected, all induced by rural land acquisition.
~ 9 ~
Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System
1.2.2 Benefited areas and affected areasThe project is located in Mudanjiang City, Heilongjiang Province.
Figure 1-1 Mudanjiang City Location Map and Administrative Map
The entire city of Mudanjiang will be benefit from the project, especially
Mudanjiang urban residents.
The project will collect 3.05 ha (45.75mu) rural collective land
permanently, the land which the project intends to collect affects 3
administrative villages of 2 Mudanjiang City District 2 Town, namely Aimin
~ 10 ~
Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System
area San Daoguan Town Village, Yin Long Village and Yang Ming District Hua
Lin Town Hua Lin Village.
Figure 1-2 The Map of Planned New Site and Affected Area
The project will occupy 4.69ha (70.35 acres) state-owned land, of which:
Jiangnan transit hub construction land is state-owned land and it is accounted
for Mudanjiang Economic Development cum national recycling economy pilot
park (hereinafter referred to as Zone), it is state reserve land (formerly the
land was Dongan District Xinglong Town Niehe village land, and it was
collected in 2006), total 4.29ha (64.35 acres), and the State-owned land use
was free allocated; Fujianag Road bus terminal construction land is state-
owned land, and the land was collected by the second period East Fourth
Cross River bridge project in 2011 (formerly the land was Yangming area
Xinxing street Dongjiang Village land), total 0.4ha (6 acres), and the State-
owned land use was free allocated.
1.2.3 The Project’s Social and Economic Significance1.2.3.1 The Project’s Social ImpactThe project will give priority to the development of city public traffic;
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Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System
improve the public transport capacity and punctuality rate; enhance the
attractiveness greatly, the ability and level of service of public transport; build
“environmentally protection, energy-saving, low-carbon” green transport
environment; ease traffic congestion and promote green low carbon travel; it
will solve the prominent contradictions between the rapid growth of urban
transportation and the resources of land and transportation by the numbers;
improve the effectiveness and efficiency of transport systems; and promote
the linkage of road safety system in order to make full use of the resources
and industrial advantages in Mudanjiang City; undertake international
industrial transfer and factors of restructuring; accelerate the adjustment of
economic structure to provide integrated transport support; and in order to
boost the tourism industry in Mudanjiang City, create a good traffic condition
for “ice and snow tourism, green tourism, the Northeast Asian style tourism”,
and enhance the image of city of Mudanjiang City and its soft power
vigorously. In which:
The complete of the Integrated Public Transport Corridor Project could
increase the prevailing conditions of original bus transport to large degree,
improve the bus operating speed, and bring huge time savings to passengers.
At the same time, the improvement of bus service will attract more people
choose public transport to travel, accordingly, travel by private car will be
reduced effectively, the pressure of future road network in Mudanjiang City will
be reduced, service levels for roads and junctions will be increased, the total
vehicle kilometers and car hours on the road network will be reduced
significantly, then vehicle transportation cost saving and time saving benefits,
as well as benefit of the reduced bus operating vehicles will be gained.
Besides, the bus corridor integration project will improve transport condition
greatly, then reduce the traffic accidents, bring convenience to the residents
along for travelling and have certain social benefit.
From the perspective of transportation, energy and environment,
municipal Transport infrastructure project implementation will reform the main
traffic network in the old city of Mudanjiang City and bring in more new energy
vehicles. Its operation will improve the traffic planning and management
greatly in Mudanjiang city. All these actions have positive and obvious effects
on improving problems such as transport chaos existed for a long time in
~ 12 ~
Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System
urban transport operation, high traffic energy costs and serious environmental
pollution.
The operation of Urban Intelligent Public Transport System Project under
extremely cold environment has positive effects on reducing or eliminating
inducing factors of traffic accidents such as not to give way in accordance with
the regulations, speeding, drinking and driving, in violation of the traffic signs
marking, in violation of the traffic signal, illegal lane change, illegal operation,
illegal overtaking, illegal turn around, passing each other illegal, illegal parking
and so on.
Institutional capacity building is good to increase Mudanjiang city
planning and policy formulation, coordinate and plane finance department for
urban transport development and transport strategies implement, to provide
assurance on the organization helpful.
In addition, thanks to the concept of inclusive development, the project is
very concerned about the elderly, the disabled, women and other vulnerable
groups ,the project will make improvements to their travel conditions and
improve their quality of life, but also will help them to improve production and
living conditions as well as the development of the concept.
1.2.3.2 The Project’s Economic ImpactMacro speaking, implementation of the project makes for expanding the
urban construction and development of the space, enhancing regional
competitiveness, and laying a foundation for the sustainable development of
urban conditions; helps to improve the comprehensive competitiveness of the
city; promotes the overall urban image, and creates necessary conditions for
the investment promotion and capital introduction and rapid development of
the city. Micro speaking, the industrial base formatted in the history is the start
point of the new industry layout. With the implementation of the project,
obstruction of the road network and accessibility of the land could be
improved, the inefficient path dependence has been broken, system
innovation will be carried out, new efficient path dependence will be created,
then we can form a new spatial pattern of industrial development. Moreover,
the implementation of the project could improve the rate of population flow,
promote consumption optimize economic growth pattern and translate the city
~ 13 ~
Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System
traffic construction to a fast intelligent and economical development model, so
that the value of the land will increase.
1.3 Measures of Avoiding or Minimizing LA and Resettlement To reduce the project's impact on the LA and resettlement, the project
adopted a multi-program optimization design, optimize the construction
program and adjust the project’s construction site and try the maximum
possible to avoid or reduce the effects of regional economic and social
development and people's life causing by the project’s land collection.
In the feasibility study stage, the design departments and local
governments discussed in detail with the experts, under the premise of
without compromising technical standards, the project follow the following
principles, in order to reduce the impact of immigration:
a) The design departments should optimize the design, and minimize or
avoid collecting land
b) To avoid the cultural landscape (including temples and other religious
activities) and key cultural relics protection units.
c) To avoid or minimize the occupation of existing and planned residential
areas.
d) To avoid or minimize the occupation of environmentally sensitive areas
e) The choice of resettlement areas should meet local development
planning
In fact, at the feasibility study stage, the various subprojects have raised
more than two-building programs, in accordance with the above requirements,
through the project engineering, environmental protection and resettlement
comprehensive feasibility analysis, have chosen the optimal solution.
As five transit corridors and a slow part of a corridor in the integration of
public transport corridor project for example, the construction of the main
content is to broad the original transit line and update facilities, at the same
time, the project will not change the original road grade, and also will maintain
the original design of road speed, so this part of the project does not require
new land, new area mainly come from the original isolation belt, adjusted bike
lanes and open space along the street, and the new land (road optimization,
widening, Guanghua Pedestrian bridges, greening projects, traffic lights, traffic
isolation facilities, parking lots, etc.) are all urban transportation construction
~ 14 ~
Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System
land or state-owned open space, does not involve new land; For the station
part, through optimization, the number of the first and last stop of the project
reduce from 17 down to 3, and in a reduction of land 123,000m2(184.5acres);
The project also canceled a footbridge across the river, reducing 10,000m2 (15
acres)land.
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Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System
2 Project Impacts2.1 The Definition of Project Impact
In WB-funded project, the borrower shall take all necessary measures to
mitigate the adverse social impact of the project, including the negative impact
of land occupation. In the WB Policy Manual OP4.12, necessary guiding of
policy objectives and principles for land occupation, resettlement and other
related impacts generated by the project, are provided in the provisions on
involuntary resettlement.
All reasonable measures shall be taken to avoid or minimize the
occupation of land, and reduce all the negative effects associated with land
occupation and resettlement. If the land occupation and the corresponding
impacts are inevitable, the resettlement action plan is intended to enable all
affected populations (see below for the definition of immigration) can be
acquire property and other compensation by the replacement cost (see below
for the definition of replacement cost), and provide them with ample
opportunity to improve or at least restore their income and living standards,
through the appropriate assistance and rehabilitation measures.
The scope of physical investigation for the project’s impact is delimited
according to the actual cover the scope that design institution delimited, that
is, the scope where land occupation or occupation is needed for the
construction of the Harbin Intelligent Public Transportation System
Construction Project under Extremely Cold Weather Loaned by WB, whose
main construction content include bus priority corridor construction project,
public transport infrastructure construction project, traffic management and
safety of construction project, road maintenance and construction project and
emergency response agencies capacity-building project. Since the project is
still in the process of optimizing the design during the resettlement physical
survey, engineering institution may also optimize the design of the line, and
the data of land occupation and demolition may be adjusted. Project will
ultimately affect the actual data as the basis for the resettlement work.
Meanwhile, the effects of any significant change in the project will also be
implemented prior to the WB report, and explain the reasons for affecting
change. If the number the affected increased, the resettlement plan
resettlement policy would also apply to the increased affected populations an
~ 16 ~
Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System
villages. Project Impact is defined as follows:
“APs” refers to those because of the above activities, whose (1) standard
of living is to be affected adversely; (2) or ownership, power or interest of any
houses, land (including the homestead, agricultural and rangeland), or any
other movable or immovable property is to be temporarily expropriated or
permanently occupied; (3) or other productive capitals is to be temporarily or
lastingly effected; (4) or operation, occupation, working or living place, or habit
is to be affected adversely; and all people need to be relocated in the
definition of “APs”.
“Land occupation” refers to a person who involuntarily lost the ownership;
use right or close opportunity of his land, because of the implementation of
the project. Land occupation can lead to a series of related effects, including
loss of houses or other fixed assets (fences, wells, graves or other fringe
buildings or ameliorating facilities).
“Permanent land” means an area of various types of land located within
the project, which need to be permanently occupied;
“Temporary land” refers to an area of various types of land, which need to
be occupied temporarily during the construction, and would be restored after
the construction;
“Buildings of demolition” refers to all the residential and non-residential
buildings within the area of the project, buildings are divided into brick and
concrete structure, brick and wood structure, civil engineering structure,
simple structure, and so on.
“Affected ground attachments” refers to the ground attachments within
the scope of the project, which mainly are flowers, trees, cables, poles, etc.;
“Affected HH” refers to the families or units whose land, buildings, or
ground attachments are within the project area, or within the scope of a direct
impact;
“Affected village” refers to the villages, whose land, buildings, or ground
attachments are within the project area, as well as affected by the
resettlement;
“Affected population” refers to the families and populations affected by
resettlement of the project;
“Vulnerable groups” refers to those social groups, who become
vulnerable, lack of adaptability to changes, and are disadvantaged in society, ~ 17 ~
Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System
due to capacity of social participation, social security system, disability,
poverty, etc. Vulnerable groups in urban areas are mainly including children,
the elderly, the seriously-ill, the disabled, women, low HHs and so on, low
HHs are low-income population groups, it may cover several types of
population above, but it may also cover the unemployed, the poor, laid-off
workers, disaster supplicants, etc.; vulnerable groups in rural areas are mainly
including children, the elderly, the seriously-ill, the disabled, women, five
guarantees, etc., five guarantees are including the old men with no labor, no
source, no legal obligor to support, or legal obligors with no supporting ability,
the disabled and minors.
“Replacement cost” is defined as follows: For agricultural land, the market
price of the nearby land with equal productive potential or use to the affected
land, before the project or before the resettlement, the higher one of which,
added with standard LA and all the registering and transferring taxes
constitute the replacement cost. For land within the city, it is the market price
of the land with equal size and use, with similar or improved infrastructure and
services, and located nearby the affected land before resettlement, coupled
with all the registering and transferring taxes. For housing and other buildings,
it refers to the market cost of the materials needed to build a replacement
whose geographical and quality is similar or better than the affected one, or to
repair some affected buildings, added with the cost of shipping materials to
the construction site, labor costs, contractor costs and registering and
transferring taxes. In the process of determining the replacement cost,
property depreciation and residual value of the material will not be considered,
nor do the value of project benefits reduce from the evaluated value of the
affected property. If law in the specific country does not meet the standard
compensation at full replacement cost, there shall other measures to
complement the compensation provided by national law, so as to achieve the
replacement cost standards. Such supplementary aid is different from the
resettlement measures provided under “Other” items of paragraph 6 from
WB’s Operational Policy OP4.12.
“Placement” refers to the process of providing the affected personnel with
adequate opportunities to restore productivity, incomes and living standards.
Property compensation is usually not sufficient to achieve full recovery.
“Deadline” is a cut-off date, before which, the ownership or use rights of ~ 18 ~
Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System
the affected population are eligible for compensation or other assistance.
Deadline is usually set consistent with the affected population census date or
publicity date of concrete civil works, which cause the demolition. People who
enter the project area after the deadline are not eligible for compensation or
other assistance.
WB Operational Policy OP4.12 has set the main guiding principles for
resettlement planning and implementation, some principles of which related to
this resettlement policy framework are as follows:
(1) In any case, when designing a project or a resettlement plan, it should
be considered to improve the opportunity for migrants to develop, and to
make migrants fully benefit from the project activities, services and the
construction process of associated facilities.
(2) All migrants are entitled to get compensation by the loss of property,
or equivalent forms of aid instead of compensation; People who are lack of
legal rights for the lost property, would not be excluded from the personnel
having right to compensation.
(3) The compensation rate in the resettlement plan is set for all the
collective and individual suffering from property losses, and it is never allowed
to discount for or reduce compensation because of depreciation or other
reasons.
(4) When acquire arable land, land-based resettlement through land
redistributing, should be given a total priority to. If arable income accounted
for only a small portion of migrants’ income, as long as landless migrants
prefer, you can take the cash compensation or provide them with
employment.
(5) The replacing housing or homestead, or commercial premises, or
agricultural sites of LA, should at least have a equal value as the lost.
(6) Shorten the transition period as far as possible, some related
compensation should be paid before the residents affected, so that they can
build new housings, moving or replace fixed assets; before the actual
placement, some measures to mitigate effects of the relocation should be
taken. Give migrants who was unable to obtain replacing housings some
necessary support for the transitional period, until they get the replacing
housings.
(7) While developing a resettlement planning, consult the APs, take their ~ 19 ~
Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System
requests and suggestions. Resettlement plan should be announced in the
way easy for APs to understand.
(8)Maintain or provide better community services and resources after
placement .
(9) The borrower is responsible for all costs associated with LA and
resettlement, and fully meet the financial and material needs in the
resettlement and rehabilitation process.
(10) Resettlement plan should include appropriate institutional
arrangements to ensure effective and timely design, planning and
implementation of resettlement and rehabilitation measures.
(11) Arrange for effective internal and external monitoring mechanisms for
the implementation of resettlement measures.
(12) Develop necessary immigration grievance procedures, and provide
them to APs.
2.2 Impact Categories According to the initial impact identification, the main impacts category of
this project include:
(1) Rural collective land expropriation
(2) Free transfer of state-owned land
(3) Impact of losing of ground attachments and infrastructure
2.3 Survey Methodology and Process(1) The process of investigation and preparation
In July 2013, according to an updated version of the feasibility study,
team of the RAP’s establishment surveyed of the socio-economic status of the
affected area, and sought for agreement of local government and the views of
some of the affected villagers. Also sort and statistics the impacted areas
about the socio-economic development and LA and resettlement, including
the impact on the population, land, ground attachments and physical quantity
affected by LA, and the sample survey about the affected region's social and
economic development level involving 2 zone 2 town (street) three affected
villages, and affected 26 HH, 102 persons. According to the above survey
data and information analysis and processing, also basing on the national
accordance and WB resettlement policy, finished the "alpine city of
Mudanjiang City Intelligent Transportation Project Resettlement Action Plan."
~ 20 ~
Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System
(2) The source of materials and survey methods
Because the time of this survey is short and the coverage range is wide,
the materials and data are mainly from the second hand, such as consulting
reports and related documents from relevant functional bureaus. Other
complemented methods are to hold formal discussion and to observe directly
in order to affirm above-mentioned materials and data.
Survey on LA: when the area of LA is defined by the feasibility study
report, the survey team investigates the current situation, owner of the land
use right, land type and area of the acquired land.
Survey on affected persons: sample survey on nationality, age,
education, and employment.
Survey on housing and auxiliary facilities: the project will involve a little
temporary building. The survey is carried out one HH by one HH. The data are
kept in file according to right, structure of the housing and the auxiliary
facilities are also kept in file.
Survey on ground attachments: the scattered trees and other
attachments within the LA area are counted, and the data are kept in file
according to different kinds.
2.4 Social Survey resultsProject will add 7.74ha (116.1 acres) permanent covers, which intends to
permanently 3.05ha (45.75 acres) rural collective land; represent 4.69ha
(70.35 acres) state-owned land.
The project does not involve demolition.
The land which the project intends to collect affects 3 administrative
villages of 2 Mudanjiang City District 2 Town, namely Aimin area San
Daoguan Town Village, Yin Long Village and Yang Ming District Hua Lin Town
Hua Lin Village; the state-owned land which the project will collect belongs to
the Development Area’s state-owned reserve land and some of it was already
collected by the second period East Fourth Cross River bridge project, the
land is free of charge.
A total of 26 HH 102 persons were affected, all caused by the rural land
collective, which affected a vulnerable from Hua Lin village (a person, the
elderly).
There are no minorities in the project area, all affected per capita for the
~ 21 ~
Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System
han nationality.
2.4.1 The Collection of Rural Collective Land The project will collect permanent collective land 3.05ha (45.75 acres), all
of it is dry land (the land is non-basic farmland). Involved in 3 administrative
villages of 2 Mudanjiang City District 2 Town, namely Aimin area San
Daoguan Town Village, Yin Long Village and Yang Ming District Hua Lin Town
Hua Lin Village. Details are shown in Table 2-1.
Table 2-1 Project Permanent Collective Land Case
Name of subproje
ct
Name of
individual
projects
Area Town Village
Quantity of
Village cultivat
ed land (mu,
before the land was
collected)
The rate of
collect
land
Plans to collect
Dry land
ha mu
Construction of
bus terminal
BaDa bus
terminal
AiMin SanDaoguan
YinLong 410 1.57
%0.43
6.45
HuaLin bus
terminal
YangMming HuaLin HuaLi
n 5700 0.40%
1.51
22.65
Subtotal 1.94
29.1
Construction of factory
warranty
DaQing
street factory warran
ty
AiMin SanDaoguan BeiAn 631 2.64
%1.11
16.65
Subtotal 1.11
16.65
Total 0.68% 3.0
545.75
2.4.2 The Allocation of State-owned LandThe project will occupy 4.69ha (70.35 acres) state-owned land, of which:
Jiangnan transit hub construction land is state-owned land and it is accounted
for Mudanjiang Economic Development cum national recycling economy pilot
~ 22 ~
Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System
park (hereinafter referred to as Zone), it is state reserve land (formerly the
land was Dongan District Xinglong Town Niehe village land, and it was
collected in 2006), total 4.29ha (64.35 acres), and State-owned land use was
free allocated; Fujianag Road bus terminal construction land is state-owned
land, and the land was collected by the second period East Fourth Cross
River bridge project in 2011 (formerly the land was Yangming area Xinxing
street Dongjiang Village land), total 0.4ha (6 acres), and State-owned land
use was free allocated. Niehe Village LA due diligence report is shown in
Annex 1. Jiangdong Village LA due diligence report is shown in Annex 2.
2.4.3 The Impact of Temporary LandThe project does not involve temporary land occupation.
2.4.4 Building DemolitionThe project does not involve the demolition of buildings.
2.4.5 Affected PopulationThis project affect the population of 26 families, 102 people, and all is the
han nationality, which is raised by collecting land; This project does not
involve the use of housing demolition. Project affect population see table 2-1.
Table 2-1 The Situation of Permanent Collective Land
Name of
subproject
Name of individual projects
Area Town Village
The number of AHs(family)The number of
affected persons(person)
Total
Of which: vulnerable
families
Total
Of which:
the numbe
r of female
The number of
vulnerabl
e famili
es (fami
ly)
The number of
vulnerabl
e peop
le (person)
The type of
vulnerabl
e
Construction of bus
terminal
BaDa
bus terminal
AiMinSanDaogua
n
YinLong
3 0 0 N/A
HuaLin bus term
YangMmin
g
HuaLin
HuaLin
18
1 1 Old people,weak
~ 23 ~
Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System
inal people
Subtotal 21 1 1 N/A
Construction of
factory
warranty
DaQing street
factory warranty
AiMinSanDaogua
n
BeiAn 5 0 0 N/A
Subtotal 5 0 0 N/A
Total 26 1 1 N/A 102
2.4.6 Vulnerable GroupsIn the 26 AHs, there is one family (Hua Lin town Hua Lin village, 3.8% of
the total affected HHs) received the government minimum living guarantee.
This vulnerable family is the elderly and low-income family. The project will
provide vulnerable HH extra help.
2.4.7 Project's Impact on WomenIn the investigation of the affected population, the number of women of 50
people, accounting for 49.02% of the total. In the land acquisition farmers
found no widowed, divorced, abandoned, and other causes of labor-based
single women households. The project impact analysis of women can be
found in the 4 rule 3.4.3 and Annex 4.
2.4.8 Affected Ground AttachmentsAffected ground attachments including 13 concrete poles, 8 wooden
poles, 35 sporadic seedlings.
The project does not involve other infrastructure.
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Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System
The Pre-expropriation Land Site of HuaLin Bus Terminal
The pre-expropriation Land Site of BaDa Bus Terminal
The Pre-expropriation Land Site of Daqing Road Factory Warranty
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Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System
3 The Social and Economic Characteristics and
Impact Assessment
3.1 Social and Economic Backgrounds in Mudanjiang CityAs one of the largest tributary of the Songhua River, Mudanjiang is
famous for crossing the city. Mudanjiang city, located in the southeast of
Heilongjiang province and in the hinterland of China, Russia and North Korea
at the border, is an important regional central city in eastern part of northeast
China. Mudanjiang city, which covers 40,600 square kilometers, including the
urban area of 2,456 square kilometers, is located in east longitude 128 ° 03 '~
131 ° 18', north latitude 43 ° 24 '~ 45 ° 59'. In addition, Mudanjiang city,
located in the beautiful scenery of the north of Changbai Mountain, borders
Harbin city in the west, Russian Far East in the east and Yanbian Autonomous
Prefecture in Jilin Province in the south. What’s more, Mudanjiang River runs
through the whole territory from the south to the north.
In 2011, Mudanjiang's GDP of the city area is CNY 92 billion, increase of
15.3% over 2010;The full caliber financial income of the city2 area completed
17.2 billion CNY, and the investment in fixed assets reached CNY 56.51
billion, increase of 36.5% over 2010; Social total retail sales of consumer
goods reached CNY 31.31 billion, and its increase ranks first in Heilongjiang
province; The total import and export volume is expected to achieve $10.6
billion in total, and keeps the first place in Heilongjiang Province; Industrial
added value of above-scale enterprises reached CNY 16.45 billion, up 29% ,
the increase of which ranks second in Heilongjiang Province; Per capita
disposable income of urban residents is expected to achieve CNY 14,500 , an
increase of more than 13% ; rural per capita net income reached CNY
2 Full-caliber financial income includes income of four taxes to the central, the local general budget
revenue, the government fund budget revenues, income from social security funds, the customs tariff
income, personal savings interest tax, VAT export rebate, petrochemical corporate income tax, vehicle
purchase tax, etc.
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Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System
11,198 , which has realized the" nine consecutive years ." in Heilongjiang
Province.
3.2 The Affected Area, The Villages and Towns Social and Economic Conditions
3.2.1 Sandaoguan Town, Aimin District3.2.1.1 Aimin District
Aimin District with a township, seven offices of the streets, 12
administrative villages, and 39 community residents' committees, is located in
the northern city of Mudanjiang, and cover an area of 389 square kilometers,
of including urban area of 29 square kilometers. There are a population of
281,000 people, including 248,000 people in the urban population, and
agriculture and foreign population of 33,000 people.
In 20103, the added value of the district area is exceeded 1.46 CNY
billion, which is an increase of 22%. Full caliber financial income broke
through CNY 300 million and achieved CNY 324 million which is an increase
of 30%; General budget revenue reached CNY 184 million, which is an
increase of 29.6%; The investment in fixed assets, as a leader in four urban
districts, finished CNY 1.56 billion, which is an increase of 50.6% .
In 2010, the number of above-scale enterprises reached 23 HHs and the
added value achieved CNY 220 million, which is an increase of 22%. The
high-tech industry output value reached CNY 120 million, which is an increase
of 34%. The region's industrial enterprises reached 1,050 HHs, accounting for
44% of the total number of enterprises in the region.
In 2010, the per capita net income of rural residents reached CNY 8,739,
which is an increase of 20.6%. The total income of the rural economy reached
CNY 700 million, which is an increase of 15.8%.
In 2010, the number of identified urban and rural low income families
reached 2,819 HHs, and the number of relieved marginal HHs of basic
3 Aimin district social economic data in 2010 is from the speech of Wang Xiaobing in the sixth session of
thirteenth Aimin District People's Congress in Mudanjiang city in March 17, 2011.
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Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System
insurance and offering love and warmth for marginal workers of basic
insurance reached 4,012 HHs; “Home of offering five kinds of service in
Sandaoguan” has been completed and used; 80 low rent houses have been
rented to eligible families; CNY 68,300 in funding were provided for 364 poor
students; Social assistance compliance rate reached 100% and the city
entrepreneurial base construction is being promoted in labor employment;
Social security subsidies of re-employment people, which is amount of CNY
20.68 million, were audited and issued to1,3157 people through 7 bathes;
New entrants to the urban labor force reached 14,342 people, and the
registered urban unemployment rate was controlled within 3.9%; 107 new
public service jobs were provided, 4,050 personnel were properly placed, and
the dynamic record of family without employment was reset; Labor and social
security compliance rate reached 100%.
3.2.1.2 Sandaoguan Town
Sandaoguan Town, originally named Bei'an township, is approved by the
the department of civil affairs of Heilongjiang province on June 26, 2012, to
use new name, Sandaoguan Town, in place of original name, Bei'an
Township. The administrative areas of newly established town are based on
original administrative areas, and the original subordinate relations and
government headquarters are remained.
Sandaoguan Town, which is a total area of 348 square kilometers, is
located in the northern suburbs of Mudanjiang city, and has jurisdiction over
12 administrative villages, including five urban-villages, six suburban villages,
and one outer suburbs village. There are 8,815 HHs and a total population of
32,349 people. The whole township has arable land of 1,940.3 hectares and
forestland of 1,969 hectares, and the forest coverage rate reached 76%. After
large-scale urban construction, Sandaoguan Town has long been integrated
into the downtown area. Five villages in the process of large-scale
shantytowns transformation, has been surrounded by urban area. Villagers'
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Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System
life style and living environment have achieved urbanization, except their rural
registered permanent residence.
3.2.2 Hualin Town, Yangming DistrictYangming District, which was established in 1970, has a total area of 373
square kilometers, including urban area of 25 square kilometers, accounting
for 34% of the total area of the city. Yangming is located in the beautiful
scenery of the eastern Mudanjiang, and it is the strong agricultural and
industrial zone in Mudanjiang city area. The administrative area has 1.345
square kilometers, including built-up area of 12 square kilometers, and arable
land of 30,000 hectares. Yangming District has jurisdiction over four towns,
which are Tieling, Hualin, Wulin and Modao, and two street offices, which are
Qianjin and Yangming. The region's total population reaches 253,000 people,
including agricultural population of 137,000 people. Yangming is the only open
area in Mudangjiang with the three major functions, which are urban, rural and
border function.
In 2011, GDP of Yangming District realized CNY 5.12 billion, which is an
increase of 16.4%. The fiscal revenue reached CNY 0.54099 billion, which is
an increase of 35.2%.
In 2011, agricultural production overcame drought, and the yield reached
0.112 billion kilograms. The total income of the rural economy achieved CNY
2.34 billion, which is an increase of 15.4%. The per capita net income of
farmers reached CNY 9,605, which is an increase of 14.5%.
3.3 Economic and Social Situations of Villages Affected by Levy Land and Remove of the Project
This project aims to permanent collection of 3.05 hectares rural collective
land. The areas affected by the project are mainly concentrated in 3
administrative villages of 2 towns (streets) of 2 districts, which are respectively
Beian village and Yinlong village, Sandaoguan Town,Aimin District and Hualin
village , Hualin Town ,Yangming District.
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Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System
According to the survey, the basic condition of society and economy of
villages affected by the project is shown in table 3-1. Effect of land
expropriation to villages is shown in table 3-2.
Table 3-1-1 The Basic Condition of Villages Affected by Project
Affected towns
Affected
villages
The numbe
r of HHs
The total populatio
n
Arablearea
(ha
)
Per capita arable
land(ha)
Annual per
capita net
income
(CNY / person
)
Including: the
proportion of
agricultural net
income(%)
Sandaoguan
Yinlong
903 2342 27.33 0.012 12724 1.24%
Bei'an 865 1990 42.07 0.021 15794 1.81%
Hualin Hualin 645 2073 380 0.183 12431 19.91%
Data sources: the social and economic survey.
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Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System
Table 3- 2-2 Effect of Land Expropriation to Villages
Affected
villages
The total number
ofHHs
The total number
of people
Arable land area before the
land expropriati
on(ha)
Per capita arable
land(ha/
HH)
The arable land area of
land expropriatio
n(ha)
The effect rate of land
expropriati
on(%)
The number
of affected
HHs
The numbe
r of affecte
d person
s
The average areas of
land expropriation per HH
(ha)
The effect rate of arable land
expropriation per
HH(%)Hualin 645 2073 380.00 0.59 0.10 0.03% 18 -69 0.005 0.95%
Yinlong
903 2342 27.33 0.03 0.03 0.10% 3 13 0.009 31.85%
Bei'an 865 1,990 42.07 0.05 0.07 0.18% 5 -20 0.015 30.41%
Total 2,413 6405 449.40 0.67 0.20 0.05% 26 -102 0.029 3.51%
Data sources: the social and economic survey and investigation of the real object index.
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Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System
As can be seen from Table 3-1, for the Yinlong village and Bei'an village,
because the land had been repeatedly expropriated, the village surplus land
has been very little. However, it is close to urban areas, so that employment
opportunity is very large, and wage income has become their main income
source, which is about 2000 CNY a month. In two villages, the mage income
of non-agricultural income accounted for more than 98% of its total annual net
income.
As can be seen from Table 3-1, for 26 families affected by the arable land
expropriation, the village land expropriation effect rate does not exceed 0.2%.
For the land expropriation loss rate per HH, the loss rate of 0.95% of Hualin
village is the smallest among affected villages, while the loss rate of more
than 30% of Yinlong village and Bei'an village is relatively high.
Among the farmers who are loss of arable land, the main planting
structure is soybeans, corn and vegetables. In mudanjiang area generally is
one year one season, the average annual output value of about soybeans at
1,500 CNY / mu, the average annual output value of corn around 900 CNY /
mu, therefore, the average annual output value per mu of arable land is about
1,200 CNY. Meanwhile, according to the survey, Mudanjiang area to grow
food crops production costs about 300 CNY per mu, therefore, the project
area farmers mainly grow crops situation, the actual arable land per acre net
income of 900 CNY. See table 3-3.
Figure 3-3 Mudanjiang area crop yield and annual income statement
Specie
sYield(Kg)
Three years
average
eprice
(CNY/kg)
Output
(CNY)
Cost (CNY)
(excluding
labor cost)
Land
income
(CNY)
soybea
n300 5.0
150
0300 1200
corn 600 1.6 960 300 660
Source: social, economic and physical impact survey
Comparison Table 3-1, Table 3-2 with Table 3-3 can be seen, although
the arable land loss rate per HH of Yinlong village ang Bei'an village is larger,
because agricultural income for local farmers is a very small proportion which
~ 32 ~
Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System
is less than 2% of total revenue, therefore, the effect rate to local farmers’ total
income, which is not more than 1%, is very small.
3.4 Socio-economic Sample Survey of Affected RegionsIn order to verify the project basic information and the number of AHs,
and make resettlement policy established on the basis of detailed and
accurate data, the project implementing agencies and staffs of making
resettlement action plan carried out the sample survey of socio-economic
status of AHs. In order to ensure the objectivity and validity of data, the survey
sample was a random sample of 10 HHs.
3.4.1 Demographic InformationFor the socio-economic sample survey of AHs, we interviewed a total of
10 families, involving 31 persons, and the family average population has 3
people. The sampling basic information is shown in table 3-4.
Table 3-4 The Sampling Basic Information
Affected regions
Affected
villages
The total
number ofHHs
The total
number of
people
The number
of surveye
d families
The total
number of AHs
Sampling rate (%)
Sandaoguan
Yinlong 903 2342 1 3 33.3%Bei'an 865 1990 2 5 40.0%
Hualin Hualin 645 2073 7 18 38.9%Total -- 2413 6405 10 26 38.5Data sources: the socio- economic survey.
The basic information of 10 surveyed families is as follows: According to the data, among 31 people of 10 surveyed HHs, there are
14 men and 17 women; the ratio of male to female is 1:1. 21. There are two
minors under 18 years old, accounting for 6.5% of the total population; 7 old
people above 60 years old, accounting for 22.5% of the total population; 22
young adults, accounting for 71.0% of the total population. According to the
survey, the population that the majority is between 18 and 60 years old shows
a normal distribution roughly. According to the definition of the labor force,
people in 18-60 years old are regarded as the main body of labor force,
therefore, the labor force accounts for 71.0% of the total sample population in
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Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System
this survey. The basic conditions are shown in table 3-4 and figure 3-1.
Table 3-4 Age Structure of Surveyed Population in Survey
Age range
Male Female TotalThe
number of people
%The
number of people
%The
number of people
%
≤6 years old 0 0% 0 0% 0 0%7-18 years
old 1 3.2% 1 3.2% 2 6.5%18-60 years
old 10 32.3% 1238.7% 22
71.0%
≥61 years old 3 9.7% 4
12.9% 7
22.5%
Total14 45.2% 17
54.8% 31
100.0%
Data sources: the socio- economic survey.
Figure 3-1 Age Structure of Surveyed Population in Survey
According to table 3-5, there are 9 people with grade school culture
degree, accounting for 29.0% of the total population; 14 people with the junior
middle school culture degree, accounting for 45.2% of the total population; 8
people above senior high school degree, accounting for 25.8% of the total
population; 7 illiteracies or people without enrollment, accounting for 17.5% of
the total population. Among people above high school, the proportion of men
~ 34 ~
Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System
is slightly higher than women’s; it reflects the right to education for women is
relatively weak in project area.
Table 3-3-3 Cultural and Educational Statistics of Surveyed HHs
Style
Male Female Total
The number of surveyed people
%
The number
of surveyed people
%
The number
of surveyed people
%
Semi-literacy and illiteracy 0 0% 0 0% 0 0%
Grade school culture 1 3.2% 8 25.8
% 9 29.0%
Middle school culture 8 25.8% 6 19.4
% 14 45.2%
Above senior high school
culture5 16.1% 3 9.7% 8 25.8
%
Total 14 45.1% 17 54.9% 31 100.
0%Data sources: the socio- economic survey.
Figure 3-2 Cultural and Educational Statistics of Surveyed HHs
3.4.2 The Socio-economic Status of Sampling FamiliesThe socio-economic status of sampling families is shown in table 3-6.
~ 35 ~
Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System
Table 3-2-4 The Average Annual Income Statement of The Main
Crops of Surveyed Families in 3 Years
Style Yield(kg)
The average
price of the previous 3 years(CN
Y/kg)
Output(CNY/ha)
Cost(CNY/ha)
(excluding labor costs)
Land net income(C
NY/ha)
Soybean 300 5.0 22,500 4,500 18,000
Corn 600 1.6 14,400 4,500 9,900
Greenhouse
vegetables
5,000(Harvested six times in a
year)2.5 187,500 60,000 127,500
3.4.3 Analysis of Social Gender StatusAccording to the survey, the affected women enjoy the same legal rights
with men, including the contracting farmland, accept education, family
planning, participate in the election rights, etc. Accessed women labor force,
most of them think they have the same autonomy in operation of the
production, and they can choose their own job or do small business, etc. Of
course, men and women in family life and the production of division of labor is
different, the women taking more housework, raising children work and work
in manual manufacturing factory, and there exist a large amount of women go
out for a work; Mainly engaged in the transportation or go out to work for men.
Women's educationSocio-economic survey showed that the educational status of men and
women in the project area is not very different. But the proportion of women
received junior middle school education level or above education level is
lower than men's.
Employment and productive labor of femaleSocio-economic survey showed that the employment structure of male
~ 36 ~
Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System
and female is similar in a sample of working age people in project area.
However, women's employment status is slightly worse than men's, because
women are engaged in housework and taking care of the other members, and
some women's employment skills and culture quality is lower than men's.
Gender role in laborAccording to the economic survey of AHs and interviews for some
women, agricultural production activities that husband and wife are engaged
in together and migrant workers are the main mode of HH division of labor in
the project affected area. In all the surveyed population, about 10% of the
surveyed HHs are jointly engaged in agricultural production, and about 35% of
the surveyed HHs are jointly engaged in migrant working. Fieldwork was
informed that for HHs of her working husband outside the home, all
agricultural productive labor is responsible by women; there are also a part of
families that husband will return to rural areas to be engaged in agricultural
production, together with his wife.
Participation in public affairsSocio-economic surveys and interviews for some women show that
women have a lower proportion of participation in public affairs, and the
surveyed women rarely comment on public affairs. When their husbands
were not at home, the women would go to the village meetings, otherwise, the
husband were at home, more than 70% of women believed that husbands
should attend.
After the implementation of the project, the affected residents will loss
part of the land; meanwhile, they can also obtain the corresponding
compensation and the improvement of living conditions through it. Because
women bear most of HH chores in the project areas, their labor burden and
adverse environmental impact may be reduced with improvement of living
conditions and the environment. In addition, the women with most of the
housework will have other job opportunities. Of course, we can learn from the
survey of the social impact of gender that men and women are both
concerned about the question of fair and timely compensation.
In addition, although agricultural income accounts for only 43.43% of HH
income, women undertake 61% of agricultural income. After the
implementation of the project, more employment opportunities will be provided
to make up for the labor loss, because there are more commercial activities. ~ 37 ~
Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System
According to the survey, women and men have the same concern: (a)
Compensation in accordance with the land productivity and resettlement cost
accounting; (b) According to the needs of the affected farmers, compensation
funds paid directly to the affected farmers.
About gender differences, women here are different from the needs of
men; (a)Women asks to provide both monetary compensation and the land
compensation in the according level; (b)the women asks to provide training
about planting, breeding, manual manufacturing; (c) Large most families
involved mostly male, and women also want to participate in the management
of village.
The living conditions will be improved by the resettlement of affected
people, and women with most of housework will enjoy more opportunities due
to the improvement of the living conditions.
Picture 3-1 Interview Scene Photos
~ 38 ~
Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System
4 Resettlement Law and Policy 4.1 Laws, Regulations and Policies on Resettlement
The basic purpose of Resettlement Action Plan is to ensure the
resettlement planning and implementation complies with the WB operational
policy OP4.12. Meanwhile, any LA and resettlement activities in this project
will comply with a number of laws and regulations of country, Heilongjiang
Province and Mudanjiang City, the specificies shown in Table 4-1.
Table 4-4-1 Resettlement Policy Framework
Level Policy documents Effective Time
State and central
ministries
"Property Law" 2007.10.1"Land Administration Law" 2004.8.28
"PRC Land Administration Law Implementing Regulations" (State Council Decree No. 256) 1998.12.27
"State-owned land on the housing levy and Compensation Ordinance" (State Council
Decree No. 590)2013.1.21
"State-owned land on the housing levy assessment approach" (housing [2013] No. 77) 2013.6.7
"The State Council on Deepening the Reform strict land management decisions" (Country
[2004] No. 28)2004.10.21
"On improving land compensation and resettlement, the guidance system" (MLR
[2004] No. 238)2004.11.3
"State Council on strengthening the regulation of land issues related to notice" (Country [2006]
No. 31)2006.8.31
"Resources on work to develop standards and annual output value of land Area unified
comprehensive land work notice" (National Land and Resources Bureau [2005] No. 114)
2005.7.23
"The State Council General Office of the Ministry of Labor and Social Security
employment of landless farmers do a good job training and social security work guidance
notice" (Country [2006] No. 29)
2006.4.10
"LA Announcement approach" (Ministry of Land Order No. 10) 2002.1.1
Heilongjiang Province
"Heilongjiang Land Management Regulations" 2000.1.1"Heilongjiang Provincial Urban Housing Demolition Management Regulations" 2002. 3.1
Heilongjiang Province, the implementation of "The People's Republic of China State-owned land use right transfer of urban and transfer of
the Provisional Regulations" approach, the
1993.1.1
~ 39 ~
Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System
Level Policy documents Effective Time
Heilongjiang Provincial People's Government Order [1992] No. 11
"Landless farmers in Heilongjiang Province Pension Insurance Interim Measures" (BMA
black hair [2008] No. 64)2008.9.5
Heilongjiang Provincial Department of Housing and Urban-Rural Construction Department on
the issue of the "state-owned land on the housing levy and Compensation Ordinance"
relevant implementing provisions of the notice (black housing [2011] No. 11)
2011.3.30
"Heilongjiang levy Integrated Land Implementation Measures (revised version)"
(Heilongjiang provincial government [2011] No. 51)
2011.7.18
Mudanjiang Province
Mudanjiang Municipal People's Government on the land area in the city's comprehensive land
price adjustment notice2010.12.31
Mudanjiang City collective land compensation standards for ground attachments Measures 2011.10.19
Mudanjiang Mudanjiang Municipal People's Government on the issuance of state-owned
land on the urban residential housing levy removal, temporary relocation standards
(provisional) notice
2011.4.12
Word Bank
Operational Policy OP4.12 "involuntary APs" and its annexes 2002.1.1
Business Programs BP4.12 "involuntary APs" and its annexes 2002.1.1
4.2 China's laws and regulations and related policies “Property Law” key provisions:Article 42
For the purpose of satisfying the needs of public interests, it is allowed to
requisition collectively owned lands, premises owned by entities and
individuals or other realties in accordance with the statutory power limit and
procedures.
As for the requisition of collectively-owned land, it is necessary to,
according to law and in full amount, pay such fees as land compensation fees,
placement subsidies, compensations for the above-ground fixtures of the
lands and seedlings, arrange for social security fees for the farmers whose
land is requisitioned, secure their livelihood and safeguard their legitimate
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Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System
rights and interests.
As for the requisition of the premises owned by entities and individuals or
other realities, it is necessary to make compensation for demolishment and
relocation according to law and safe guard the legitimate rights and interests
of the owners of the realities requisitioned as for the requisition of the
individuals residential houses, it is necessary to safe guard the housing
conditions of the owners of the houses requisitioned.
No entity or individual may embezzle, misappropriate privately share,
detain or delay in the payment of the compensation fees for requisition.
Article 43
The sate provides special protection for farmlands, strictly restricts the
conversion of farmlands into construction lands and controls the aggregate
quantity of construction lands. No one may requisition any collective-owned
land by violating the statutory power limit and procedures.
"Land management law" key provisions:Article 47
Expropriation of land, collect in accordance with the original purposes of
the land.
Land expropriation compensation costs include land compensation fees,
resettlement fees and ground attachments and young crops compensation
fees.
Compensation fee for expropriation of cultivated land, the fee is six to ten
times for expropriation land’s average annual output value of the previous
three years.
The resettlement fee, calculate with the number of agricultural population
to be resettled. The agricultural population to be resettled should be
calculated with the number of expropriated land dividing the number of the
average amount of cultivated land per capita calculation. Resettlement fee for
each of the agricultural person who will be resettled is four to six times of the
land’s three-year average annual output value before collected. However,
each hectare of LAed resettlement fee shall not exceed fifteen times of the
land’s prior three years average annual output value. Resettlement fee for
agricultural population to be resettled shall not exceed fifteen times of the
land’s prior three years average annual output value.
In accordance with the provisions of this paragraph pay land ~ 41 ~
Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System
compensation fees and resettlement fees , if the fee is not enough for
resettled farmers to maintain their standard of living, relevant departments can
add resettlement fees when the provinces, autonomous regions and
municipalities are agree. However, the land compensation fees and
resettlement fees shall not exceed thirty times of the land’s prior three years
average annual output value.
Article 57
If construction project and geological prospecting need to temporarily use
state-owned land or land collectively owned by farmers, should be approved
by the people's governments above the county level land administration
department. Among them, when use temporary land in the urban planning
area should be obtained by the relevant administrative departments of urban
planning consent before getting office approval. Land users should be based
on land ownership sign the temporary use of the land contract with the land
administrative departments or rural collective economic organizations or
villagers' committee, and accordance with the contract to pay the temporary
use of land compensation.
Temporary land user shall use the land in accordance with the temporary
use of land contract and shall not build permanent structures. Temporary use
of land shall generally not exceed two years.
The State Council on Deepening Reform and Strict Land
Management Decisions, the key provisions:( 12 ) Perfecting the LA compensation method. The local people's
governments at or above the county level should take effective measures, in
order to let the landless farmers’ living standard not be lower for land
expropriation, and ensure the full and timely payment in accordance with the
land compensation fees, resettlement fees and compensation for ground
attachments and green crops on the ground. Governments pay land
compensation fees and resettlement fees in accordance with the stipulations
of existing laws, cannot make the landless farmers keep original standard of
living, not enough to pay for requisition of land lead to landless farmers social
security fees, the people's governments of provinces, autonomous regions
and municipalities directly under the central government shall be approved to
increase resettlement fees. The sum total of land compensation fees and
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Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System
resettlement fees at the legal limit, it is not enough to keep the landless
farmers original standard of living, the local people's governments can use the
income to be paid use of state-owned land subsidies. People's governments
of provinces, autonomous regions and municipalities directly under the central
government shall establish and promulgate unified annual output value of
various cities and counties in land expropriation standard or area of integrated
land price, land expropriation compensation do same price, at the same place
and the national key construction projects the land cost of full specified
amount must be included in the budget.
( 13 ) Properly arrange the landless farmers. Local people's
governments at or above the county level shall formulate the specific
measures, make the long-term livelihood of landless farmers has safeguard.
For projects have a stable income, farmers can approval in accordance with
law of the land use right in the land for construction purposes. Within a
planned urban area, the local people's government shall be caused by land
expropriation of the landless farmers, incorporated into the urban employment
system, and establish the social security system; in urban planning zone,
levying land collectively owned by farmers, the local people's government to
within their respective administrative areas for the cultivation of landless
farmers have necessary land or arrange corresponding work; does not have
the basic production and living conditions of the landless farmers, should be
different resettlement. Labor and social security departments to jointly with the
relevant departments as soon as possible, proposes the establishment of
landless farmers employment training and guidance of social security system.
On Perfecting The System of LA Compensation and Resettlement of
Guidance,its notice No. (238) key rules:
(1)The process of making the unified annual output value standard.
Provincial department of land and resources to jointly with relevant
departments to formulate provincial within the lowest standard unified annual
output value of various counties (cities) of arable land, the people's
government at the provincial level for approval after execution. Unified annual
output value standards can consider the type, quality of cultivated land was
imposed, the investment of farmers on the land, prices for agricultural
products, agricultural land grade and other factors.
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Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System
( 2 ) The determination of unified annual output value ratio. Land
compensation fees and resettlement fees the unified annual output value of
multiples, should according to ensure that the original life level is not lower the
principle of landless farmers, within the scope of the law to determine;
calculated on legal unified annual output value of the ratio of land
compensation and resettlement fees, cannot make landless farmers to keep
the original life level, not enough to pay for requisition of land lead to landless
farmers social security fees, approved by the people's government at the
provincial level shall improve multiple; land compensation fees and
resettlement fees amount calculated at 30 times, it is not enough to keep the
landless farmers original standard of living, arranged by the local people's
government as a whole, from a certain proportion in the paid use of state-
owned land income subsidies. Approval in accordance with law to occupy
basic farmland, land expropriation compensation according to the local
people's government announced the highest compensation standards.
( 3 ) The process of making the area comprehensive land value.
Conditional region, provincial department of land and resources domain can
be jointly with relevant departments to formulate province various counties
(city) area land comprehensive land price, newspaper published after the
approval of the people's government at the provincial level to carry out,
implement land expropriation compensation. Develop area comprehensive
land value should be considered in class, location of production, land,
agricultural land grade, per capita cultivated land quantity, land supply and
demand and local economic development level and the level of subsistence
allowances for urban residents and other factors.
( 4 ) The distribution of the land compensation fees. According to the
principle of compensation for land is mainly used for landless farmers, land
compensation fees should be reasonable allocation within the rural collective
economic organizations. The people’s governments at the provincial level
shall formulate the distribution of specific measures. All land is, at the same
time, the rural collective economic organizations revoked, the organizational
system of the land compensation fees shall all be used for the landless
farmers' production and living place.
Heilongjiang Province Regional Land Measures for the
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Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System
Implementation of Integrated Land Price (Revised)Title 7: According to the requisition of land area was land expropriation
compensation, 70% subsidy for resettlement landless farmers, used to hold
30% of collective land ownership of collective economic organization
arrangement of infrastructure and public facilities construction, the
establishment of village enterprises and landless farmers living allowance,
etc.
The local government according to the local town social security level,
overall consideration the resettlement of landless farmers, and solve the
landless farmers' social security problem such as employment, housing. The
local government according to the human resources social security
administrative department of the measuring line will be rural farmers
endowment insurance charge in land expropriation compensation, calculated
separately.
As mentioned in the present measures refer to the landless farmers on
the agricultural population and shall have the right of expropriation of rural
collective land contract and management rights of farmers.
Title 8: Staffing levels that land to be resettled, the number of landless
workers according to the amount of cultivated land expropriation divided by
land expropriation of land collective economic organizations determine the
number of cultivated land per capita.
Staffing levels that land to be resettled, the number of landless workers
according to the amount of cultivated land expropriation divided by land
expropriation of land collective economic organizations determine the number
of cultivated land per capita.
Title 9: Be green crops on the land or attachments, the green crops or
attachments to the ownership of the land compensation.
Green crops on the compensation standard by the people's governments
of cities (to) (area) according to the local agricultural production levels, prices
of agricultural products, and so on and so forth the development and changes
to make, submitted to the provincial government for the record.
The ground attachments shall be determined in accordance with the local
people's government of the town village relocation compensation and
resettlement housing, or by the people's governments of cities (to) (area) to
make specific provisions.~ 45 ~
Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System
The city (ground), county (city) (area) in accordance with the law of the
people's government issued land after pre announcement, busy planting, rob
planted, scrambling to green crops or attachments to no compensation on the
ground.
Title 10: Construction project construction and geological prospecting
need temporary use of land collectively owned by farmers, or of state-owned
land, lasts for 1 year, according to the regional land compensation, 10% of the
integrated land price for land use right lasts for 2 years, compensation should
be made by 20%.
Title 15: The human resources department of social security should be
based on the landless farmers' endowment insurance policy, according to the
collective economic organizations to participate in social insurance provided
by the personnel list, ginseng protect formalities in time. Gradually establish a
unified urban and rural employment service system, the employment and
reemployment preferential policies and difficult group employment aid to
landless farmers.
Title 20: Governments at all levels should actively create conditions and
free to landless farmers to provide targeted employment skills training, for the
units using the land to absorb the landless farmers to create conditions for
employment. The units using the land should be set as much as possible and
arrange a certain post, for employment for landless farmers, sign labor
contract fixed number of year for the first time should not less than three
years.
Title 21: Of landless farmers don't want to leave the original collective
economic organizations, and the land of the collective economic organizations
have motor, the villagers assembly members of more than two-thirds, or more
than two thirds, with the approval of the villagers' representatives available to
regulate, land expropriation compensation paid to the collective economic
organizations; Without motor, can and voluntarily accept the LA compensation
and resettlement of other farmers land replacement.
Heilongjiang province to implement the law of the People's Republic of China on urban state-owned land use right transfer and transfer of provisional regulations on the way
Title 48: transfer land use right transfer, lease or mortgage must advance
to the land administrations of municipal or county people's government where ~ 46 ~
Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System
the land formalities subsequently. The approval process is as follows:
(1)The land user shall hold state-owned land use right and the above-
ground buildings and other attached objects such as certificate of property title
legal documents, to the land administrations of municipal or county people's
government where a written application;
(2)Administrations of municipal or county people's government, based
on consensus through consultation with the applicant to sign contract of land
access sell one's own;
(3)The land user shall, within 30 days from the date of the signing of
the contract of land access sell one's own reserved land in city or county
people's government land management department to pay the land use right
transfer, the use of the land registration formalities;
(4)The land use right transfer, lease or mortgage the parties, the land
use right transfer of lease, mortgage contracts;
( 5 ) The land user shall, in the transfer, lease or mortgage within 15
days from the date of the signing of the contract, respectively, to the municipal
or county people's government administrative departments of land and house
property management department to deal with the land use right and the
above-ground buildings and other attached objects to register formalities.
Title 49: Transfer land use right transfer, lease or mortgage to pay land,
be collected according to plot a certain proportion of the pricing, but shall not
be less than 30% of the land pricing. Rent allocation of land use rights, but
also to the government on a monthly or yearly pay land management
departments, specific pay measures shall be determined by the municipal or
county people's government, and submitted to the provincial land
administration for the record.
Title 50: Transfer land use right and ownership of the above-ground
buildings and other attached objects transfer, lease, mortgage, the expiration
of the land, the land use right by the land where the municipal or county
people's government gratis; The above-ground buildings and other attached
objects when the municipal or county people's government to recover, should
according to actual condition to give proper compensation.
Title 51: To transfer land use rights, the municipal or county people's
government may, according to the needs of urban development and urban
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planning requirements gratis, and can according to the provisions of the
measures.
Gratis, allocation of land use rights to the aboveground buildings and
other attached objects, the municipal or county people's government shall,
according to actual condition to give proper compensation.
4.3 The World Bank's Main Policy WB chief resettlement policy of the Operational Policy OP4.12
"involuntary APs" and its annexes (January 1, 2002 implementation date) and
the WB operational procedures BP4.12 "involuntary APs" and its annexes
(2002 January 1 implementation date)
4.3.1 The World Bank's Policy ObjectivesExploring all viable alternative project designs to avoid or minimize
involuntary resettlement.
If APs are inevitable, migration should be as a scheme to design and
implement of sustainable development.
Should provide adequate resources to enable APs to share in project
benefits.
Should serious negotiations with immigration, make them have the
opportunity to participate in planning and implementation of resettlement
scheme.
Should help APs to improve their livelihood and living standards, at least
make it really move back to former or higher level of prior to the start of the
project.
4.3.2 Measures as RequiredBorrower shall prepare for a resettlement plan or resettlement policy
framework, which covers the following: resettlement plan or resettlement
policy framework includes measures to ensure that APs are informed about
their resettlement issues options and other rights; understanding technically
and economically viable option, participate in the consultation, and enjoy the
opportunity to choose; at full replacement cost, access to prompt and effective
compensation to offset the direct property loss caused by the project. If the
impacts include physical relocation, the resettlement plan or resettlement
policy framework should take appropriate measures to ensure that migrants
during relocation assistance (such as moving allowances); access to housing
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Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System
or housing sites, or agricultural sites as required. Production potential of
agricultural production sites, location advantages, and other factors is at least
equivalent to the advantages of the old site.
To achieve the policy goals, the resettlement plan or resettlement policy
framework should also take corresponding measures when necessary, to
ensure that after the migration, according to the possible time that restoration
of livelihoods and standards of living, reasonable estimate the transitional
period, during this transitional period get help inside; In addition, resettlers still
can be obtained, such as soil preparation, the development of the credit,
training or employment assistance.
4.4 The Main Difference between World Bank’s policies and between Chinese’s law
Land resettlement compensationDifference: the WB's policy demand compensation should be enough to
offset any loss of income and restore long-term earning potential. Chinese
standards are based on annual production.
Solution: early solution is to provide replacement land, but are less likely
to practice. Cash is the first choice for most people, even though they cannot
ensure reasonable use of these compensation. As a result, the WB needs
further technical support, for severely affected, especially vulnerable groups to
monitor household income, while the local government to help people who
need help.
Compensation resettlement for vulnerable groupsDifference: the WB's policy is to give full compensation for special
vulnerable groups, especially those facing poverty seriously affected
households. Chinese regulations do not require social analysis, therefore
compensation based solely on the number of losses.
Solution: Special funds are available to assist the vulnerable groups, and
they will be determined during the detailed measurement survey. Various
measures have been stipulated in the resettlement plan.
Consultation and disclosureDifference: the WB's policy demand all the affected staffs fully informed,
and negotiate with them as soon as possible. The regulation of China has
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Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System
improved the transparency of the notice and compensation. However, affected
by personnel's role in project decision-making is not strong, usually released
period is too short.
Solution: negotiation has begun at an early age. Project department
agreed to publish resettlement plan according to the requirements of the bank
to the associated affected personnel.
Lack of legal rightsDifference: WB policy requires all demolished buildings, whether they are
legal or illegal, should be compensated in accordance with the same
standards. According to Chinese law, a man without a local registered
residence may not have and the local people have the same right to
compensation. In addition, the current Chinese laws for illegal expropriation of
land and house owners without compensation.
Solution: For the WB loan project, all lawful and unlawful affected people,
regardless of ownership or have the right to use, will be protected. In
accordance with the requirements of the WB, will help.
Resettlement monitoring, evaluation and reportingDifference: WB requirements for internal and external resettlement
monitoring. But China's laws have no such requirement except for reservoir
project.
All WB projects have established internal and external resettlement
monitoring systems, which are written in the resettlement plan. The external
and internal reporting requirements have specific provision in the resettlement
plan.
4.5 The Principle of Compensation ProjectsAccording to the Chinese government and the WB's regulatory and policy
requirements, formulating the objective of the compensation and equity
principle, whose goal is to ensure that sufficient land compensation and
resettlement assistance measures at least back to the project started before
production and living level. Project resettlement principle as shown in the
table 4-2.
Figure 4- Project Resettlement Principle
Principle1 If possible, as much as possible to avoid involuntary migrants.2 The affected people get compensation and rights to at least maintain its
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Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System
"without project" state before the standard of living, there could be improved.
3 With or without legal rights, the affected people will receive compensation and resettlement assistance.
4If each person have enough land for living after land acquisition, land to
provide cash or replacement land in-kind compensation, and other income-generating activities.
5The affected person has rights of qualification, compensation methods
and standards, livelihood and income recovery plan, fully understand the project schedule, and participate in the resettlement plan.
7 Actuators and independent third party will monitor compensation and land resettlement work.
8
Disadvantaged groups get special assistance or treatment, in order to guarantee better lives, all affected people should have the opportunity to benefit from the project. Every resettler families have 2 family members gain
skills training, at least one of whom are women.
9 Migration scheme with project affected city (district or county), the general layout of villages and towns.
10 Immigration fee will be fully and comprehensively cover all affected areas.
4.6 Compensation DeadlineQualification of compensation defined deadline was set at October 1,
2013. After the adoption of the feasibility study, deadline will be noticed.
Affected people's new land reclamation, building or settled in the affected
areas after the deadline is not within the scope of the compensation or
subsidies. Any simple construction of buildings or trees for additional
compensation is not in account.
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5 Compensation StandardsUnder the provisions of the legal framework and the socio-economic
development situation in Mudanjiang city, the project compensation criteria
are developed as follows.
5.1 Compensation Standards of Rural Collective Land Permanently Collection
TO develop the compensation policy of expropriating collective lands this
project was predicated on Law of the People's Republic China on Land
Administration, Regulations of Heilongjiang Province on Land Administration
Law and Circular of Mudanjiang Municipality Concerning Adjusting
Comprehensive price of Expropriated Land. According to the specific
stipulation in Regulations of Heilongjiang Province on Land Administration
Law and Circular of Mudanjiang Municipality Concerning Adjusting
Comprehensive price of Expropriated Land, this project involves three villages
which are called: Hualin, Beian and Yinlong. The Compensation standard of
expropriated land is CNY 25,333 per mu, CNY 40,000 per mu and CNY
50,000 per mu respectively. The comprehensive price of expropriated land in
affected village is detailed in table 5-1.
Table 5-5-1 Comprehensive Price of Expropriated Land in Affected Village
No. Effect item Effected village Area
No.
Compensation fee of land expropriating
(CNY/m2)
Compensation fee of land expropriating
(CNY/mu)
1 Bada bus terminus
Sandaoguan Town
Yinlong village M-20 75 50,000
2Hualin
village bus terminus
Hualin Town Hualin village M-2 38 25,333
3Daqing road warranty
factory
Sandaoguan Town
Beian village M-19 60 40,000
5.2 Compensation Standards of State-owned Land UsingThe bureau of land would allocate construction land that is the state-
owned land this project occupied directly to construction units through the way
of free-allocation.
5.3 Compensation Standards of Temporary LandAs the project does not involve the temporary land using, it does not
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involve the compensation mode of temporary land either.
5.4 Compensation Standards of Young Crops and Items Attached to Land
According to the article 29 in Regulations of Heilongjiang Province on
Land Administration Law, It should pay compensation fees of young crops if
there are young crops growing on the expropriated land, and the
compensation standards are the output of those crops in this season.
According to the social and economic survey results of this project of
affected village land, the standard of young crops compensation fee
determined by the average annual output value three years ago and
on the basis of one season, the average compensation standard is CNY 800
per mu.
According to Provisional Administrative Rules of expropriating items
attached to state-owned land of Mudanjiang city, the guiding price of
compensation standards of expropriating main items attached to state-owned
land is detailed in table 5-2.
Table 5-5-2 The Guiding Price of Compensation Standards of Young Crops
and Items Attached to Land
Item Type Unit Standard (CNY)
GreenhouseEfficient energy-saving greenhouse m2 400
Heating greenhouses m2 220Sunlight greenhouse m2 160
Shed
Steel structure Shed m2 110Glass steel Shed m2 60
Wood Shed m2 80Bamboo skin Shed m2 40
Care roomHybrid structure Care room m2 660
Brick - wood structure Care room m2 600Simple structure Care room m2 300
Livestock, poultry house
Cowshed m2 555Henhouse m2 613
Pigpen m2 607Simple Pigpen m2 400
Cellar m2 m2
Power facilities
Electric meter piece 800Cement pillars piece 1000
Oiled wood column piece 300Power Electric Kilowatt 550
Well Hand pressure well piece 800
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Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System
Motor well piece 1000
Artificial forest
0—5(Excluding 5 cm) CM piece 205—10(Excluding10 cm) CM piece 30
10—15(Excluding 15 cm) CM piece 4015—20(Excluding 20 cm) CM piece 5020—30(Excluding 30 cm) CM piece 60
More than 30 cm piece 70
Natural forest
0—5(Excluding 5 cm) CM piece 245—10(Excluding 10 cm) CM piece 3610—15(Excluding 15 cm) CM piece 4815—20(Excluding 20 cm) CM piece 6020—30(Excluding 30 cm) CM piece 72
More than 30 cm piece 84Nursery seedlings m2 30
Fish pond
Ordinary pond (have slope protection) m2 20
Ordinary pond (no slope protection) m2 10Overwintering pond (have slope
protection) m2 30
Overwintering pond (no slope protection) m2 20
5.5 Other Fees StandardOther fees standards about resettlement are detailed in table 5-3.
Table 5-5-3 Tax Standards of ResettlementNo. Item Fees standard Basis
1 Land Occupation Tax 30 CNY /m2
Implementing Rules for the Interim Regulations of the People's Republic of China on Land
Occupation Tax (People's Republic of China Ministry of finance and the
State administration of taxation (2008), NO.49);
Procedures of Heilongjiang Province on the Administration
of Land Expropriating Tax(Heilongjiang
Municipality〔2008〕88)
2 Fees of Land Cultivation
15000 CNY /ha
Procedures of Heilongjiang Province on the Administration of
Reclaim and Use the Fees of Land Cultivation(Heilongjiang Bureau of Land Resources[2001]NO.111)
3Use Fees of New
Construction Land
24 CNY/m2
Circular on the Question Concerning Policy of Adjust Use
Fees of New Construction Land(Finance
Integrated〔2006〕NO.48)~ 54 ~
Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System
4External
monitoring and assessment fees
2% of the total acquisition
cost/
5 Internal monitoring fee
0.5% of the total
acquisition cost
/
6 Unexpected expenses
10% of the total
acquisition cost
/
5.6 Interest TableFigure 5-4 Rights
Effect type Obligee The number
of Obligee Compensation policy Compensation Standard
Collective land
expropriating
(1) Village
collective(2)
Affected contracto
r
26 HHs,102
People
Compensation for LA costs by sign area piece
price compensation, young and fixtures compensation
fee of two charges. Constitute expropriation land price compensation
including "land expropriated agricultural resettlement subsidies" and "land compensation
fees"; In accordance with
land area price access the land compensation fees, 70% personal contract HHs, 30% is owned by village collectives in the village for infrastructure
construction To obtain
compensation for young crops;
To obtain opportunities of training and
employment, take measures to make its
business income does not reduce; Training costs
100,000 CNY included in the resettlement budget;
Yinlong villag:CNY 50,000 per
muHualin
village:CNY 25,333 per
muBeian
village:CNY 40,000 per
muYoung crops Compensation fees:CNY 800 per mu
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Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System
First hired by businesses.
State owned land
The owner of accessori
es
In LA, if they are affixed, the compensation
to the owners compensation appendages
fee.
Items attached to land
Property Attachments
to all people
Property unit is responsible for recovery To obtain Monetary
compensation
Other support
Disadvantaged group
One person (the elderly)
According to the related policy in
Mudanjiang City, people can apply for the rural
subsistence under the help of township government. Extraction of 100,000
CNY from the project cost, set up fund for
vulnerable groups, to support the project’s reality and potential vulnerable groups.
woman 50persons through information disclosure and village
collective meeting women full
participation of resettlement activities;
They are compensated on the
recruitment and training, project have
the same rights as men. In addition, will
implement the following measures to guarantee the rights
and interests of women:
(1) in the process of project construction,
to ensure that a certain number of
women (at least 20% of the unskilled labor)
project of unskilled labor. In addition, if
the work is the same, women will be get the
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Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System
same pay as men and;
(2) in terms of technical training,
including the maid, beauty salon, etc, give priority to the affected
women's labor, training by at least
50% for women in the population, to ensure
that its economic status will not
damage; (3) in the process of
project running, give priority in jobs such as
cleaning, green to women affected by
the project, to ensure that its revenue
recovery. (4) the affected
women can obtain relevant information
can be obtained in the process of
resettlement, and can be involved in the public consultation and resettlement.
(5) the affected women can obtain
relevant information can be obtained in the
process of resettlement, and can
be involved in the public consultation
and resettlement. The compensation
agreement must be signed by the both
sides of husband and wife.
6 Production and Livelihood recovery program6.1 Resettlement Objectives
Ensure that APs can get compensation for all their losses, reasonable
resettlement and good recovery can make them share the benefits of the
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project, and give help to their temporary difficulties in order to make sure that
their income levels, living standards and profitability can be improved or at
least truly restored to the level before the project.
6.2 Resettlement Principles6.2.1 Minimize Immigration Policy
Take advantage of construction features with appropriate modifications
and optimal design solutions to minimize the project affected area and the
impact of immigration.
6.2.2 Equivalence Principle of CompensationImplement the equivalence principle of compensation to ensure that APs’
living standards are not lowered due to the project .This principle includes two
aspects: Firstly, the replacement cost of property compensation, secondly
losses are compensated by the peer , that means how much the APs lose ,
how much compensation .
(1) When the agricultural land has been expropriated, all the losses
should receive reasonable compensation, the compensation will be paid to
the represent collective for the development of the collective economy and it
can not be used for other purposes. According to the "local integration, multi-
channel jobs" principle, the local government, the PMO and the village should
cooperate to ensure that the peasant APs’ living are unaffected.
(2) Resettler families will get their place of residence at least equivalent to
their original replacement housing in transportation, various ancillary facilities
and the surrounding environment or their housing values obtained fairly
compensated.
(3) Enterprises and institutions can maintain the original organization and
the use of the house's size and function. They should try to restore the original
operating environment, or obtain compensation equivalent to their houses.
Meanwhile the project caused shutdown will also be compensated, that
means the project will compensate closure losses.
(4) Public facilities will be fully restored, its function is not less than the
original level at least, to keep the normal life of the person who didn’t move
around in the scope of the project construction.
(5) Temporary migrants affected by the project and the loss of part of the
property without the relocation of migrants should also be equivalent
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Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System
compensated.
6.2.3 Focus on Principles(1) The project will focus on vulnerable groups (elderly people living
without adult children, widows, single parents, the disabled, the chronically ill
and poor families), the relocation will be given preferential policies, such as
housing, employment and other aspects of reasonable care. After the
relocation, the project office should also conduct regular visits and gives
hands to their special difficulties until handed over to the local civil affairs
department so far.
(2) The project of will design the development relocation plan to mobilize
the power of the local government to do the training of migrants’ and create
job opportunity, so that APs can adapt to settlements environment and
economically self-reliant in the short term , and timely transferred resettlement
responsibility from the placement agency to the migrants themselves.
(3) The project will seek to maximize the cost-effectiveness of the
resettlement, make great efforts to improve resettlement agencies’ working
ability, normalize behavior norms resettlement work, establish a sound
internal control mechanism to prevent the waste of money, interception, fraud
, corruption and make good resettlement funds in order to achieve the best
placement results.
6.3 Permanent Resettlement MeasureThe project intends to permanently expropriate rural collective land
3.05ha (45.75 acres), three administrative villages (namely Beian Village and
Yinlong Village, Sandaoguan Town, Aimin District and Hualin Village, Zhenhua
Town ,Yangming District) under the two towns ( streets ) of Mudanjiang City
are mainly affected. In the project design process, the project design office
should take the LA impact of the local social and economic development and
the production and living systems full into account, constantly optimize the
engineering design, proposed a multi-scheme comparison plan to minimize
LA area and the negative construction effects on local production and living.
From July 2013 to August 2013, the investigation team held relocation
symposium with each resettlement affected village to discuss the form of
resettlement compensation package.
According to the immigration advice, the actual situation in the affected
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areas and the landless HHs’ discussion, they decided to take direct cash
compensation without land exchange. According to " Heilongjiang levy
Integrated Land Implementation Measures" (Black Zheng Fa [2011] No. 51)
Article 7:the LA compensation fee should determined by the land area
integrated price, 70% of the fee for the resettlement of landless farmers
subsidies and 30% for public utility construction, the establishment of village-
run enterprises and landless farmers living subsidies of the collective
economic organization who hold the collective land ownership and so on.
Also, the young crops compensation fee and ground attachments
compensation of the acquisition land will directly compensate to the people
who owns property rights.
6.3.1 Permanent LA Impact AnalysisThe projects need totaling levy 45.75 acres of rural collective land,
permanent expropriation of rural collective land involves three administrative
villages and affecting 102 people of 26 families. For the affected three
administrative villages by permanent LA per capita occupancy of cultivated
land of each village are relatively abundant, and due to the small number of
expropriated land the affect rate to the village land is no more than 2 percent;
On the another side, the project’s expropriation of the rural collective land are
not affected farmers’ main farming land, and the proportion of its output in the
economic income of farmers is very little. Therefore, the negative construction
effects on production and living are very small.
6.3.2 Resettlement ProgramAccording to the latest landless farmers’ policy of compensation and
resettlement of Mudanjiang City and combined with the scope of the project
and the expected resettlement of landless farmers, we should implement the
social security placement.
A. Land Compensation RelocationAccording to estimates, the permanent LA compensation expenses
totaled CNY 1.6156 million, and in which CNY 1.5623 million is land
compensation fees, ground attachments and young crops compensation fee
is CNY 53,300. According to regulations, 70% of the land compensation fee
paid directly to the affected farmers. After the affected HHs obtain land
compensation fee, these compensation funds will be used to recover their life.
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Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System
According to the survey, the affected people will take advantage of LA
compensation fee to increase agricultural production technology, expanding
transportation, services and HH sideline production which can benefit from the
new opportunities. The remaining 30% of the land compensation fees will be
paid directly to the affected village collective, the village collective will
establish special accounts, and use the funds for the village's infrastructure
and establishment of village collective enterprises, employment training and
holding subsidies for landless groups. Young level ground attachment
compensation fees will be directly compensated to their owners.
Villages affected by LA / compensation for affected persons are shown in
Table 6-1.
Table 6-1 Villages Affected by LA / Land Compensation of AP
Affected Villages
Requisition number (mu)
Nature of the land
Compensation (ten
thousand CNY)
Compensation object
Hualin Village 22.65
Collective land
(agricultural land)
Total:57.38
40.17 18 families of 74 people
17.21 Village collective
Yinlong Village 6.45
Collective land
(agricultural land)
Total:32.25
22.58 3 families of 11 people
9.67 Village collective
Beian Village 16.65
Collective land
(agricultural land)
Total:66.6
46.62 5 families of 17 people
19.98 Village collective
B. Social Insurance for Landless Farmers Since there is not yet farmers pension insurance measures, Mudanjiang
City currently implementation the policy of Heilongjiang Provincial Human
Resources and Social Security Department "on the landless farmers to
participate in the basic old-age insurance for urban enterprise workers related
issues notice" (HRS[2012] No. 61) to resettle those landless farmers.
According to introduction, the number of landless farmers to participate in
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the basic old-age insurance for urban enterprise workers is calculated with the
calculation unit of village. The concrete number will be issued by Mudanjiang
Land Resources Bureau. The calculation method is as below:
The number of landless farmers to participate in the basic old-age
insurance for urban enterprise workers requisition = acquisitioned arable land
area / average arable land area per capita
According to this formula, it is estimated there are 12 farmers can
participate in the basic old-age insurance for urban enterprise workers in this
project.
Table 6-2 Estimated numbers of the landless farmers to participate in the
basic old-age insurance for urban enterprise workers in this project
Township Affected village
Average arable
land(mu)
acquisitioned arable land area(mu)
Estimated numbers to participate in the basic
old-age insurance(person)
SandaoguangYinlong 0.18 1.51 9
Beian 0.32 0.43 2
Hualin Hualin 2.75 1.11 1
Total 3.05 12By estimating, about 12 farmers can participate the basic old-age insurance for
urban enterprise workers. After land acquisition, Mudanjiang Municipal Land Resources
Bureau will identify the landless farmers to participate in the basic old-age insurance for
urban enterprise workers, land use unit will pay insurance fee for these landless farmers
at the rate of 62,370 yuan per landless farmer. Affected Village committee will convened
all villagers to discuss who can be taken as “landless farmer”, basically according to
villagers’ affected degree and other factors. The proposed list of insured persons will be
twice publicly displayed so as to collect villages’ suggestion. After payment, the qualified
landless farmers (male over 60 years and women over 55 years) can receive the basic
pension. The standard of it in Mudanjiang city of 2013 is about 500 yuan per person per
month. The specific amount of each person need to be calculated according to a
complicated calculation formula. The standard of the pension for landless farmers will be
adjusted according to the adjustment of urban minimum living standard.
C. Other Supportive Policies and MeasuresFarmers lost their land and the sources of production and living in the
urban part. In order to make the farmers' production and living standards to
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recover better and faster and find a long-term source of income for life, the
Government takes positive and effective measures to provide some
employment guidance to help farmers to improve production and employment
levels. The village collective should use the land compensation to set up
village collective enterprises to provide jobs for the farmers, meanwhile do
gather production technology and employability training targeted to help
farmers improve agricultural production skills and employment abilities, thus
helping effectively restore production and living levels of the landless farmer
families.
Firstly, prepare certain special funds to analyze the employment
aspirations and educational levels of farmers on the requisitioned land.
Combine the job training with the employment needs of enterprises around
and organize pre-employment vocational training for the farmers on the
requisitioned land in a planned and orderly way.
Secondly, combined with the actual economic condition, develop the
greenhouse vegetable cultivation. Targeted provide greenhouse cultivation
technology training to farmers whose land is requisitioned to improve their
level of agricultural production, thereby increasing their incomes.
Thirdly, actively develop jobs around the village. Give priority of the
village jobs to the vulnerable groups especially women such as the families on
the requisitioned land in poor economic conditions, cultural and physical
disadvantaged.
Fourthly, solve the landless farmers’ difficulties in production and life by
the strength of village, helping to restore their production and living levels as
quickly as possible.
6.4 Affected Infrastructures and Ground AttachmentsThe affected Infrastructures and ground attachments should be rebuilt by
property unit after the project unit compensate to the property unit.
The recovery measures for demolished facilities must be pre-plan
arranged. In actual operation, suit the measures to local conditions according
to the scene safely, efficiently, duly, accurate and minimize adverse effect on
nearby residents as possible.
The demolition should dismantle the affected municipal utilities according
to the project construction drawings. Minimize migration with the principle of
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not affect the construction. The affected pipelines should be rebuilt or
migrated before dismantled to unsure not to affect residents including the
residents who needn’t to move along the construction line.
6.5 Training of Resettler and Project LaborOn agricultural income project influence area, account for only about 1%
of the total average net income of the family is agricultural industry income,
according to the affected labours’ will, the project plan to train them
agricultural and non-agricultural farmers technical. SanDaoguan town and
HuaLin town government will shoulder the land-lost farmers employment and
skills training and implementation of training plan formulation, science set up
the training course training work for half a year reporting system, according to
the labor demand, adjust the training plan timely.
Training includes employment pre-service training and vocational skills
training. Employment pre-service training main content is about the national
employment situation, employment policy, protection of the rights and
interests of workers and professional ethics training; Vocational skills training
according to post demand is held on a regular basis. In the project area
affected by the land population all can attend these institutions which for the
affected households provide free technical training and employment.200
persons will be trained, training plan as shown in the table 6-3and table 6-4.
Training program will be announced in the affected villages, and it will be
organized by the project management office, SanDaoguan town, HuaLin town
government, CNY 100,000 training fee is contained in the resettlement
budget.
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Table 6-3 Agricultural Technology Training Plan of Project Influence Area
Area Town Training time Training objects
The number of
training(persons/year)
Training content
Responsible organization
Funding arrangement (ten
thousand CNY)
Financial resources
Aimin area SanDaoguan town
2014.3、2014.9
AHs 50Development of greenhouse
vegetables
Government of SanDaoguan
town1.5
The government
budget
Yangming area HuaLin town 2014.3、2014.
9AHs 50 Breeding
industryGovernment of HuaLin town 1.5
The government
budgetTable 6-4 Employment Training Program of Impacted Project Area
Area Town Training time Training objectsThe number of
training(persons/year) Training content Responsible
organization
Funding arrangement (ten
thousand CNY)
Financial resources
Aimin area
SanDaoguan town
2014.6、2014.12、2014.6
AHs 30 Apparel production training
Government of SanDaoguan town 1.5
The government
budget
2014.6、2014.12、2014.6
AHs 30Building materials,
decorative materials management training
Government of SanDaoguan town 1.5
The government
budget
2014.6、2014.12、2014.6
AHs 40 Pastry, overhaul training
Government of SanDaoguan town 2
The government
budget
Other training on a not regular basis Government of SanDaoguan town 2
The government
budget
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At the same time, the project will create a temporary jobs, half fixed
construction, including material conditions and transportation engineering,
food supplies, etc., after the completion of the project, it will also provide some
permanent jobs, such as road maintenance, greening, cleaning, etc. The
affected farmer labors will be gave priority and be arranged to participate in
the project construction, non-technical work, in order to increase their income,
improve the production and living of AHs. This project can provide jobs such
as table 6-5.
Table 6-5 Provided Employment Information
Available jobs Quantity Income Estimated annual income (CNY )
Logistical support 50 CNY 50 a day 12,000Road
Maintenance 50 CNY 50 a day 10,000
Greening 20 CNY 50 a day 12,000Cleaning 20 CNY 50 a day 12,000
Summation 140 —— 76,000Note: Due to the current financial system in the project area and
specificity of jobs, the above positions’ remuneration paid by the day. The
annual revenues are predicted by the situation of full workload.
6.6 Resettlement of Vulnerable GroupsBy the recognition, the project effect one vulnerable group family, one
vulnerable person, an old man. Through consultations, the project decides to
use the following measures to recover the production and living:
(1) According to Mudanjiang policies that villages and towns government
should help the old man attend into the rural minimum subsistence guarantee
system;
(2) Extracted from the project cost 100000 CNY, set up the social
vulnerable groups support funds, support the reality and the potential
vulnerable groups.
6.7 Indemnification of Women's RightsThe project affects 50 women. Women will fully participate in the
resettlement activities through information disclosure and the collective village
meeting. They have the same rights as men in compensation, employment
and training. In addition, the following measures will be taken to protect
women's rights:
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Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System
(1) In the process of project construction, ensure that a certain number of
women (at least 20% of unskilled labor) to obtain the opportunities of unskilled
project jobs. In addition, women will receive equal pay as man for the same
job;
(2) In the aspect of technical training including hourly employee, beauty
salon and other industries, priority of labors should be given to affected
women in order to ensure their economic status is not to be harmed, 50% of
the people who are trained in this project is women;
(3) During the project, give priority of cleaning, greening and other jobs to
women affected by the project to ensure its revenue recovery;
(4) The affected women can receive relevant information during the
resettlement and participate in the public consultation and resettlement.
(5) The affected women can receive relevant information during the
resettlement and participate in the public consultation and resettlement.
Compensation agreement must be signed by both husband and wife.
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7 Public Participation7.1 Public Participation Strategy
In order to safeguard the legitimate rights and interests of residents,
enterprises and institutions affected by the project, reduce complaints and
dispute, and achieve the proper resettlement target, good policies and
implementation details of levy land and remove are further being made, the
resettlement action plan is well prepared, and organizational work is well
implemented, according to relevant resettlement policies and regulations
made by Mudanjiang City, Heilongjiang Province and the country. The whole
project will attach great importance to resettlement participation and
consultation, and listening to their opinions in resettlement policy formulation,
planning and implementation stages.
In the feasibility study stage of project preparation, PMO has repeatedly
asked Mudanjiang City, the NPC and CPPCC, mass organizations,
residents,and enterprises affected by the project in project areas for advice
about resettlement work.
In July 2013, PMO organized a special investigation team, and the
relevant resettlement representatives were invited to participate in the survey
work during the investigation of the physical quantity affected by the project
levy land and resettlement and socio-economic survey. PMO also listened to
advice of the residents, enterprises and institutions about levy land and
resettlement, and conducted extensive consultations with them. Meanwhile,
PMO of alpine urban intelligent transportation system in Mudanjiang City also
conducted a socio-economic, public psychological and opinion survey, and
investigated the willingness of resettlement and attitude to the project. Those
detailed surveys laid the foundation of formation of the resettlement action
plan.
In the future, PMO will adopt the following procedures and methods to
encourage public participation and consultation:
(1) Participation of representatives in levy land and resettlement workRepresentatives are elected in proportion by resettlement and the
affected units, with the relevant departments, to solicit opinions and
requirements from resettlement, to listen to reasonable suggestions, and to
regularly exchange information. PMO should reply to their questions, and give
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Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System
serious consideration to their comments and suggestions.
In order to fully reflect the interests and views of resettlements, and keep
the resettlement work just, fair, reasonable and transparent, representatives
by themselves choose to participate in the working process in the process of
levy land and resettlement, the determination of compensation standard,
negotiations of compensation and resettlement agreement, and use and
distribution of compensation expense, etc.
(2) Placement was determined according to consultation of landowners
and users
Through public participation in work, landowners and users reach a wide
range of consultation and communication, and give reasonable proposals
about compensation and resettlement.
(3) Holding consultative meetings
Three months before levy land and resettlement, the affected HHs,
enterprises and institutions representatives should hold various forums, and
women representatives (women representatives should be more than 30% of
participants), to focus on their situation and continue listen to their opinions
and suggestions. And their recommendations and comments should been
recorded, so that those recommendations and comments can be considered
in the future project implementation process.
(4) Holding mass meetings
In one month before levy land and resettlement, relevant staffs should
continue extensively to explain the relevant policies and regulations,
compensation standards, and resettlement programs, etc., so that prior to the
implementation of resettlement program, people can know early, and are able
to make adequate arrangements. The aim is to combine the actual situation
with the local masses opinions and suggestions, and carry out the project in
strict accordance with the bank's policy and national policy.
(5) Using tools (radio, television, newspapers, Internet and other media,
etc.) to propagate the policy related to the project levy land and resettlement.
On the one hand, through Mudanjiang TV station, Mudanjiang Daily and
broadcast, policies related to levy land and resettlement were widely
propagated, so that the affected population can acquire relevant information
as far as possible.
On the other hand, many relevant booklets are extensively sent to the ~ 69 ~
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affected people, or relevant staffs should accept inquiries and provide advice
in the field, if necessary.
(6) Issuing levy land and resettlement notice
The main contents of the notice should include as follows: the brief
project overview, LA area, resettlement policies (including compensation
standard), agencies for resettlement, timetable of housing demolition and
relocation, resettlement rights and obligations, the mechanism of complaining
and appealing, M&E, etc.
(7) Resettlement action plan for public
Prior to Before the WB project evaluation, the resettlement action plan will
be put at the project office and each subproject unit, also be reported on the
radio and TV, PMO will issue a notice to let resettlements and non-
governmental organizations access on municipal network and the main local
newspaper. Meanwhile, copies are sent to the affected villages and street
offices, and to be kept at the office or the reference room in order to facilitate
people to access.
(8) Resettlement Information manual
PMO will turn the main sections of resettlement action plan into
resettlement Information manual that will be distributed to the hands of APs
before the implementation of the project. Main contents of information manual
include: brief introduction of the project, project impacts, compensation
policies, implementing agencies, channels of complaining, and contacts and
contact information, etc. See appendix 5.
7.2 Public Opinion SurveyIn July 14, 2013, PMO of alpine urban intelligent transportation system in
Mudanjiang City organized a survey of public opinion and suggestions under
the guidance of project team numbers of NRCR of the Hohai University. The
survey involved a total of 63 people, including the affected HHs, ordinary
villagers and village cadres, etc. Survey results show that: Among the 63
people, there are 80.95% of the respondents who know that the project will be
built, and 19.05% of the respondents who do not know or do not make sure it;
There are 90.48% of the respondents mainly through meetings who know the
project construction and levy land and resettlement matters; There are
100.00% of respondents in favor of the construction of this project; people
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Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System
who considers that the project is beneficial to the country accounts for
100.00% of respondents, people who considers that the project is beneficial to
the collective accounts for 100.00% of respondents, people who considers
that the project is beneficial to the individual accounts for 100.00% of
respondents, too; There are 33.33% of respondents who believe that this
project will protect their lives and property, 38.09% of respondents who
believe that this project will improve agricultural production and travel
conditions, 33.33% of respondents who believe that the project will improve
the investment environment, 4.76% of respondents who believe that the
project will increase their economic income; There are 85.71% of respondents
who believe that the construction of this project has no adverse effect on
them, and the rest of respondents who believe that may bring traffic
inconvenience and economic losses caused by the project demolition, etc;
There are 85.71% of respondents who have a comprehensive or general
understanding, and 80.95% of respondents who know that they can complain
to the relevant department, when their legitimate rights and interests are
violated in the demolition process; When asked about wishes of the land
compensation, there are 95.24% of respondents who choose monetary
compensation without land, and the majority of people who want to get
technical training or employment information after the levy land and
resettlement. Public comments and suggestions findings are shown in Table
7-1.
In the survey, the majority of the affected residents know the construction
of this project, and they believe that the project will help improve the project
area's natural environment and agricultural production conditions, and
safeguard their life and property. In the end, they all said that they will actively
support and coordinate the project construction.
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Table 7-3 Public Comments and Suggestions Results
No. Questions Answers
Results(1)
(2)
(3)
(4)
(5)
1 Do you know the project will be built?
(1)know(2)don't know(3)don't make sure
51 9 3
2
The information sources about the project andLevy land and resettlement
(1)newspapers(2)meetings(3)Neighbors (4) social investigators
3 57 3
3 Do you approve of the project?
(1)approve(2)disapprove(3)don't matter
63
4
Do you think that Who will benefit from construction of the project (multiple choices)
The country (1〕yes(2)no 63The collective (1〕yes(2)no
63
The individual (1〕yes(2)no63
5Do you think that what are the benefits of this project to you?
(1)Safeguarding life and property (2)Improving travel conditions(3)Increasing economic income(4)Improving investment environment(5)others
21 24 3 21
6Do you think that what are adverse effects of this project on you?
(1)Having no adverse effects(2)Bringing traffic inconvenience(3)Economic losses caused by the housing demolition,(4)Economic losses caused by the Land expropriation(5)others
54 3 6
7
Do you know policies related to the land compensation and resettlement?
(1)understand (2)understand something(3)don't understand
51 3 9
8 Do you know how to complain, when your legitimate rights and
(1)understand(2)don't understand
51 12
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Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System
No. Questions Answers
Results(1)
(2)
(3)
(4)
(5)
interests are violated in the process of LA demolition?
9What do you choose in wishes of the land compensation?
(1)Monetary compensation, without land(2)The adjustment of land, compensation belongs to the collective(3)Others(please make a list)
60 3
10
If you would only receive cash compensation without adjustment of agricultural land, what is going on after acquiring the compensating?
(1)Engaged in the secondary or the tertiary industry(2)Migrant workers(3)Developing family economy according to adjusting the industrial structure, or using the remaining land(4)The purchase of insurance(5)Others(please state)
36 15 6 3 6
11( Land expropriated HH ) What kind of help do you want after LA?
(1)Technical training(2)Given employment information(3)Others(please state)
33 15 9
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7.3 Public Participation in the Process and Information Disclosure Plan
In order to timely and appropriately address the problems and
requirements of the affected people in levy land and resettlement, we need
further negotiation and consultation with them, so that all problems can be
solved before the implementation of the resettlement plan as far as possible.
Implementation agencies of resettlement will arrange the masses to
participate in relevant meetings, so that each of the affected people can have
an opportunity to negotiate relevant matters of compensation agreement
before compensation agreement is signed with implementing agencies
Table 7-4 Public Participation in the Process and Participation Plan
Time Location Participants Content Remark State
Jul. 2013
1.PMO2.The township / town government office3. Location of affected people
1.OPM 's staffs2.The township / town/village relevant staffs3.The affected people4.The project team numbers of NRCR of the Hohai University
Socio-economic survey of resettlement、the survey of scope and physical volume affected by the project
The project impact in socio-economic survey
Has been implemented
Jul. 2013
1.OPM2.The township / town government office3.Location of affected people
1.OPM 's staffs2.The township / town/village relevant staffs3.The affected people4.The project team numbers of NRCR of the Hohai University
Compensation and resettlement policy,and preliminary resettlement program
A preliminary agreement on compensation policy during making resettlement action plan
Has been implemented
Jul. 2013
1.OPM2.The township / town government office3. Location of affected people
1.OPM 's staffs2.The township / town/village relevant staffs3.The affected people
Compensation and resettlement policy, and resettlement program
Further consultations on compensation policies during modifying the resettlement action plan
Has been implemented
spt. 2013 1.OPM2.The township / town
1.OPM 's staffs2.The township / town/village relevant staffs
Resettlement policy, and
few problems about
Consultations on few problems in finalizing the
Has been implemented
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Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System
Time Location Participants Content Remark Stategovernment office3. Location of affected people
3.The affected people the program
resettlement action plan
2013.12 The affected villages
Cold condition in Mudanjiang city intelligent transport system project department, the municipal land and resources bureau, the affected people
Prepare basic contract compensation agreement
plan
Before carrying out
The affected villages
All the affected people
Villagers conference (many times), and discuss the final revenue recovery solutions and the use of compensation funds
plan
2104.1-2016.12
The affected villages
Labor and social security bureau , township, village cadres, all affect a person
Discuss the training needs
plan
2014.7 Affected village
Labor and social security bureau , township, village cadres, all affect a person
1st notice on the list to participate in the basic old-age insurance
plan
2014.9 Affected village
Labor and social security bureau , township, village cadres, all affect a person
2nd notice on the list to participate in the basic old-age insurance
plan
2014.1-2017.12
External monitoring unit, all affected people
1) resettlement progress and influence2) pay compensation
plan
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Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System
Time Location Participants Content Remark State3) information4) production life back
The affected villages
Table 7 - 3 Project Information Disclosure Process
DocumentThe way of using
language and public way
Open dateAccountability
unit The public place
With the introduction of the involved in
this project
In Chinese, the city government
website2013.10
Project department
Municipal government website, the
affected villageProject
requisition of the general
introduction of information
In Chinese, the city government
website2013.10
Project department Municipal
government website, the
affected village
The city land expropriation compensation
policy
In Chinese, the city government
website2013.10
项目办,国土资源局
Municipal government website, the
affected village
The public resettlement action plan
In Chinese, Mudanjiang daily 2013.10
Project department
Municipal government
website, Mudanjiang
daily, the affected village
Resettlement information
booklet
In Chinese, to extend into the hands of the immigration
After reviewed by the bank
Project department Affected
villages
Report of RAP In Chinese and English
After reviewed by the bank before
the end of December 2013
The WB, project
department, the township government, the affected
village committee
The bank's web site,
Mudanjiang city
government websites, the
affected village, town
office
Land announcement
Chinese, announcement of the land area, the
standard of the compensation and resettlement way,
etc
2013.10
Project department,
bureau of land and resources
Village and the villagers
meeting the bulletin boards
Land requisition Chinese, 2014.1 Project Village and the
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Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System
DocumentThe way of using
language and public way
Open dateAccountability
unit The public place
compensation and resettlement
plan announcement
compensation fees and payment
department, bureau of land and resources
villagers meeting the
bulletin boards
Converting review
Schedule of immigration
occupied land and the loss of assets
2014.3
Project department,
bureau of land and resources
Village and the villagers
meeting the bulletin boards
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8 Grievance ProcedureDuring the preparation and implementation process of RAP, public
participation is encouraged, so great disputes may not occur. But some
unforeseen problems may occur during the whole process. In order to solve
the problem effectively, ensure the success implementation of the project
construction and LA, project office has established a transparent and effective
complaint and grievance procedure. Basic grievance procedure is following:
Stage 1: If APs feel dissatisfied with RAP, they can put forward an oral or
written complaint to the village committee; if it is an oral complaint, it should
be handled and kept as written record by the village committee. Village
committee should solve it in two weeks.
Stage2: If APs still fell dissatisfied with the decision of the stage 1, they
can put forward grievance to county PMO after receiving the decision. And
county PMO should solved it in two weeks.
Stage3: If APs still fell dissatisfied with the decision of the county PMO,
they can put forward grievance to district people's government after getting
the decision. And it should be solved in 20 days.
Stage4: If APs still fell dissatisfied with the decision of the county PMO,
they can put forward grievance to city project IA after receiving the decision, or
they can go to the civil court according to the Civil Procedure Law.
APs can put forward grievance in any terms, including compensation
rates and so on. Grievance procedure and channel mentioned above and the
name, location, person in charge and telephone number of related
departments will be told to APs by manners such as meeting, notices and
issuing of information booklet to ensure APs fully understand their right of
grievance and how to conduct it. At the same time, multi-media will be used to
strengthen the publicity, and opinion and suggestions from all terms will be
arranged to information advocacy, then researched and handled in time by
resettlement agency at all levels.
All agencies will accept complain and grievance of APs at free,
reasonable fee because of these activities will be paid by contingencies of the
total budget. During the whole construction process, the grievance procedure
will be effectively to ensure APs can use it to solve relevant problems.
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9 Institutions8.1 Institutions Related to Immigration Action
In order to ensure the smooth implementation and to achieve the desired
effect of “Resettlement Action Plan”, in the process of project implementation,
there should set up a set of organizations, from top to bottom, so that to plan,
coordinate and monitor the activities. During project implementation, the
agency in charge of planning, managing, implementing and monitoring the
project of resettlement actions of Mudanjiang River are:
The leading team of MCWSPTS
PMO of MCWSPTS (project management center)
Project implementation agencies (Mudanjiang city traffic police
detachment, construction bureau, Bus Corporation, etc.)
Land Administration Bureau of Mudanjiang city (area)
Involved Villagers committees in LA
Design and research institute
Immigration independent monitoring agency
The leading team of MCWSPTS: responsible for the LA and demolition of
the project and the leadership, policymaking and the examination and
approval of the resettlement action plan.
PMO of MCWSPTS: responsible for the creation of resettlement action
plan, migration demolished and relocated management, coordination and
implementation of the internal supervision and inspection, prepare the internal
monitoring report regularly, report to the WB.
Land Administration Bureau of Mudanjiang city (area): responsible for
land expropriation procedure, examination, approval, implementation,
coordination, management, supervision and arbitration work.
Design and research institute: responsible for the design and the
determination of the range of the project.
Immigration independent monitoring agency: responsible for external
work of M&E of LA, demolition and resettlement.
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8.2 Organization ChartFigure 9-1 The Project Organization Chart
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Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System
8.3 The Immigration Agency Duty8.3.1 The Lead Team of MCWSPTS
Responsible for the objective of the decision making and project
leadership
8.3.2 The project office of MCWSPTS(management center of MCWSPTS)
Connect with MCWSPTS construction group and Mudanjiang city
government related functional departments;
Responsible for all project related to the resettlement plan by the
national, Heilongjiang province, Mudanjiang, declare work of related
department and reply;
Responsible for the examination of project implementation unit and
guidance;
Resettlement consulting institutions entrusted to the resettlement
preparatory work;
During the preparation for the assigned project and consulting firms
coordinate work with other agencies;
Coordinate projects and the implementation of the resettlement plan
schedule;
Resettlement fund plan and report to Mudanjiang fiscal urged money
payment;
Coordinate the efforts of the resettlement of related agencies;
Responsible for raising project resettlement funds;
Responsible for resettlement funds disbursed;
Responsible for carrying out the project resettlement work;
Responsible for tracking and urge the project resettlement funds of
the enterprises;
Handles immigration resettlement process of complaints and
complaints;
Responsible for cooperate with external resettlement monitoring
institutions;
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Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System
Responsible for monitoring report within the book project required for
a variety of data collection and sorting;
Responsible for the project file management of resettlement;
Training for each subproject resettlement heads
8.3.3 Project Implementation Agencies (Mudanjiang City Traffic Police Detachment, Construction Bureau, Public Transport Corporation)
Responsible for cooperate with external resettlement monitoring
institutions;
Responsible for monitoring report within the book project required for a
variety of data collection and sorting.
8.3.4 LAD To carry out national policies and regulations about project
construction land
Participate in the review project compensation standard of LA and
appendages
Make the formalities for examination and approval of project land
expropriation
Participate in social economic survey
Participate in the preparation and review of resettlement action plan
Create Pre-examination report of construction land
Publish “The land expropriation announcements”
Guide, coordinate and supervise the project LA and resettlement
activities
Coordinate and deal with the contradictions and problems
encountered in projects of land expropriation and transfer implementation
8.3.5 Design and Research InstituteReduce effect expropriation bring to emigration by optimizing the
design of engineering
Determine the influence scope of the requisition
8.3.6 Immigration External Independent Monitoring AgencyAs an independent monitoring institute, observe all aspects of the
resettlement action plan and implementation, and provide resettlement
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Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System
independent M&E report to the PMO of MCWSPTS and the WB. To be
responsible for the following work:
(1) Do research on social and economic status of planning area;
(2) Estimate the detailed influence and the recovery of immigrations’
production life
(3) Data analysis;
(4) Monitoring the whole process of implementation immigration plan, and
provide resettlement independent M&E report to the PMO of MCWSPTS and the
WB. The responsibility of the institutions in the section external monitoring and
evaluating for details.
8.4 Qualifications and StaffingThe PMO of MCWSPTS consists of land demolition resettlement office
and project department, responsible for making resettlement action plan and
implementation of resettlement work. Members of the office with rich work
experience, has organized a number of municipal engineering involves the
requisition, demolition and resettlement work before in Mudanjiang city,
accumulated rich experience in land demolition and resettlement. Projects
keep good communication channels with government at all levels and various
functional departments, which have a very good effect of organization and
coordination in the land demolition and resettlement work. Other institutions
involved in implementation are persons with abundant project management
experience on urban construction.
The resettlement agency equipped with complete, high quality, full-time
staff of 7 people, mostly are professional and technical, who has good
professional quality. There will be 13 people can work in peak time, with a
bottom-up unimpeded information channel. It plays an important role to carry
out the resettlement action plan and implementation. The management,
evaluation and implementation agencies demolition project have good
transportation and communication tools. Survey designing, monitoring and
evaluating institutions have strong computer tools and technology level; the
institute of project resettlement implementation and M&E has rich experience
in LA, demolition and resettlement work.
The personnel of resettlement institute involved in project chart9-1
Resettlement institute The principal
Full-time staff
Peak-time staff The composition
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person in charge
The leading team of MCWSPTS
Zhang Jingchua
n 1 3 Governmental
agents
PMO of MCWSPTS LiuJunfeng 1 2
Governmental agents, engineers and technicians
Land Administration Bureau of Mudanjiang
city (area)
ZhaoGang 1 2
Governmental agents, engineers and technicians
NRCR of Hohai university
ShiGuoqing 4 6
Experts of migration and
sociology
Total —— 7 13 ——
8.5 Measures of Strengthening the Institutional CapacityPMO of MCWSPTS has organized staff training on the project LA
demolition and resettlement in January 2013, including the immigration policy
of WB (OP4.12), the relevant laws and regulations, theory and method of
social and economic research etc.
PMO of MCWSPTS will continue to organize staff training on the project LA
demolition and resettlement, the content including the WB immigration
guidance and rules and regulations of requisition, implementation of
resettlement management, etc., in order to improve the staff professional
quality, capacity to deal with policy
In order to improve work efficiency, institute should ensure sufficient
money and equipment.
Reasonable division of labor, establish and improve the rewards and
punishments measures of staff who work on LA demolition and resettlement,
arouse the enthusiasm of the staff.
Establish land demolished and relocated migration information
management system, using computer to manage the data of land demolition
and resettlement, strengthen information feedback, guarantee the smooth of
information flow from top to bottom and from bottom to top, the major issues
decided by PMO of MCWSPTS
Strengthen reporting system and internal monitoring and solve the
problems timely.
Strengthen independent M&E; independent M&E mechanism should
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point out the existing problems timely to the relevant department and puts
forward suggestions to solve the problems.
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9 Implementation Schedule9.1 Implementation Principle of Progress Convergence of
Resettlement and Project Construction According to the progress of project implementation schedule, the project,
which will last for two years plans to begin in 2014 and completed in 2016.
Resettlement schedule combines each subproject construction schedules.
The major work of LA and resettlement plans to implement from 2013 to 2015.
As follows the basic principles of the schedule are:
LA demolition should be completed a month before the beginning of the
project. The determination of start time should be based on the needs of LA
and resettlement work.
Enough time must be given to LA and resettlement work before project
construction.
9.2 Critical Missions of Permanent LA and Resettlement(1) The project office applies for land using certification to the planning
department and turn to LRC of Heilongjiang Provincial for LA;
(2) Application for approval of LA;
(3) The project office negotiates with the relevant municipal (district) LRC
about land compensation matters, signing a land compensation agreement
and manages the land use formalities;
(4) District LRC and the relevant head of street (village) committee
measure the scope of LA and quantity to the scene;
(5) District LRC and the relevant street (village) committee sign up the
“LA Agreement ”;
(6) Inform to the affected population;
(7) Compensations should be appropriated;
(8) Go through the legal formalities;
(9) LA for the project;
9.3 Critical Missions of Temporary LA and ResettlementThis project involves no temporary LA and resettlement, if involved:
Sign up the agreement of temporary use with the original land users;
Sign up the temporary land use contract with the urban road authorities;
Occupy of land within the contract time;
Recover it by the construction unit after use.~ 86 ~
Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System
9.4 Resettlement Implementation Schedule for the critical Missions
9.4.1 Formulate Principles of LA and Resettlement Implementation Schedule
LA demolition range should be finally determined according to the project
design drawings of each individual project before the work begins.
Physical measurement and calculation of LA and resettlement should be
conducted by the project the department of immigration and property owners
according to the LA and resettlement red line before sign up the
compensation and resettle agreement.
The department of immigration project should open relocation
mobilization meeting participated with immigration HHs and the demolition unit
to announced LA, demolition, resettlement policies of resettle compensation
and approaches for settlements before sign up the compensation and resettle
agreement. Officially release the announcement of demolition after the
mobilization meeting.
Demolition and demolition should sign up the compensation and resettle
agreement after the physical measurement calculations and the
announcement of demolition
Infrastructure constructions should be built before the demolition.
Compensation cost of clearing and payment should happen after the two
sides sign the agreement and before relocation.
Propose project LA and resettlement activities schedule according to the
project LA, resettlement preparation and implementation schedule.
9.4.2 Schedule of Overall ResettlementPropose the schedule of overall resettlement according to the project LA,
resettlement preparation and implementation schedule. Specific
implementation time may be biased to the overall progress of the project and
should make appropriate adjustments. Seeing
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Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System
Table 10-1 Timetable of the Resettlement ImplementationStage Task Time
Preparation period
Determine the scope of LA and demolition
January 2013 - July 2013
Real survey of LA and demolition July 2013 - August 2013
Preliminary investigation of socio-economic July 2013 - August 2013
Consultation of resettlement scheme July 2013 - August 2013
Preparation of resettlement action plan
August 2013 - September 2013
Make resettlement action plan public October 2013
Approval of resettlement action plan October 2013
Implementation period
Relevant approval procedures of levy rural
collective landJuly 2013 - June 2014
Hold LAR mobilization meeting and announce the
policy
December 2013 - June 2014
Publish notice of LA and demolition
January 2014 - July 2015
Discuss of signing compensation and
resettlement agreement
February 2014 - August 2015
Relocation of ground attachments and facilities
April 2014 - October 2015
Delivery of construction land May 2014 - June 2016Restoration of immigration
incomesNovember 2013 - June
2017M&E M&E June 2014 - June 2017
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Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System
10 Fees and Budget10.1Fees
In the process of LA and resettlement, all costs should be included in to
the total project budget. According to the prices during 2013, the total resettle
cost is CNY 3.815 million4.
Among it, the cost of permanent collective land is CNY 15,623 million
(40.95% of total costs); compensation for ground attachments is CNY 53,300
(1.4% of total costs); special subsidies for vulnerable groups is CNY 100,000
(2.62% of total costs). The affected population groom cost CNY 100,000
(2.62% of the total cost). Therefore, the direct cost for LA, demolition and
resettlement process is CNY 1.5623 million.
Other costs include the RAP report design fees, implementation and
management fees, technical training, M&E fees, and unforeseen costs.
Detailed budget of the resettlement project shows on table 11-1.
4 Due to landless farmers participating in the urban enterprise workers basic pension requires Mudanjiang
Municipal Land Resources Bureau to determine after land acquisition. So, this part cost need to be updated in the
budget after the land acquisition.
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Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System
Table 11-1 Consolidation of Resettlement Costs
No. Project U
nitQuantity
Compensation standards
Compensation standards fee Prop
ortion
Unit Quantity Unit Quant
ityMillion %
One
Permanent occupation
Ha 7.74 156.
23 40.95
%
1.00
Free transfer of
state-owned land
Ha 4.69 0.00 0.00 0.00
%
1.10
Public transit hub
of JiangNan new district
Ha 4.29
CNY per mu
0.00 CNY per Ha
0.00 0.00 0.00%
1.20
First and the end bus
station in Fujiang
Ha 0.40
CNY per mu
0.00 CNY per Ha
0.00 0.00 0.00%
2.00
Levy collective
land (agricultural
land)
Ha 3.05 156.
23 40.95
%
2.10
First and the end bus
station in Yelin
Ha 1.51
CNY per mu
25,333.0
0
CNY per Ha
379,995.00
57.38
15.04%
2.20
First and the end bus
station in Bada
Ha 0.43
CNY per mu
50,000.0
0
CNY per Ha
750,000.00
32.25
8.45%
2.30
Factory warranty on
Daqing Road
Ha 1.11
CNY per mu
40,000.0
0
CNY per Ha
600,000.00
66.60
17.46%
3.00
Ground attachment
s 5.33 1.40
%
3.10
Young crops
Ha 3.05
CNY per mu
800.00
CNY per Ha
12,000.00 3.66 0.96
%
3.20
Sporadic natural forest
Tree
35.00
CNY per tree
36.00
CNY per tree
36.00 0.13 0.03%
3.30
Power facilities 1.54 0.40
%
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Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System
Electric cement column
Stick
13.00
CNY per stick
1,000.00
CNY per
stick
1,000.00 1.30 0.34
%
Oiled
wooden electric column
Stick 8.00
CNY per stick
300.00
CNY per
stick
300.00 0.24 0.06
%
Two
Disadvantaged subsidy 10.0
0 2.62%
Three
Training fee 10.00
2.62%
Four
Subtotal (one to three)
176.23
46.19%
five
Fee 89.18
23.38%
Survey and design fees
According to the basic cost percentage 0.06 10.5
62.72%
Implementation and
management fees
According to the basic cost percentage 0.02 3.52 0.92
%
Technical training
fees
According to the basic cost percentage 0.01 1.76 0.46
%
External M&E fee
According to the basic cost percentage 0.02 3.52 0.92
%Internal
monitoring fee
According to the basic cost percentage 0.01 0.88 0.23
%
Unforeseen expenses
According to the basic cost percentage 0.10 17.6
2 4.62%
six LA fees 116.
09 30.43
%
Land reclamation
feesHa 3.05
CNY Per
square
meter
7.50 CNY per Ha
15,000.00 4.58 1.20%
tax on land occupation
Ha
3.05 CNY Per
squa
30.00
CNY per Ha
300,000.00
91.50
23.98%
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Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System
re mete
rLA and
management fees
According to the basic cost percentage 0.04 20.0
1 5.25%
seven
Summation 381.50
100.00%
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Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System
10.2Annual Fund Using PlanPrepare the annual fund-using plan, according to the specific project
implementation schedule. Specific plans are shown in Table 11-2.
Table 11-2 Annual fund using plan for APs Year 2014 2015 2016 小计
Investment (million) 228.9 114.45 38.15 381.5
Proportion (%) 60% 30% 10% 100%10.3Sources of Resettlement Funding
Resettlement funding should be paid by the domestic and foreign bank
loans and funding according to the overall project arrangements. All sources
of funding for the resettlement are local matching funds.
10.4The Flow of Funds and the Allocation Plan10.4.1 Flow of Funds
In order to ensure that the resettlement compensation can be promptly
and fully paid to the affected people funds in accordance with the
compensation policy and compensation standards determined in the
resettlement action plan, the project funds should be paid In accordance with
the procedures as follows: Land related taxes and fees will be directly
allocated to the City LRC by the project office of Mudanjiang City Alpine PMO
urban intelligent transportation system, meanwhile deposited directly the land
compensation fees and resettlement fees into a bank or credit union in
accordance with the LA agreement.Directly pay the fees to the relevant
villages or individuals by the bank or credit union relying on the approval of
the project office of Mudanjiang city Alpine City Intelligent Transportation
System. Directly pay the compensation for young crops to the affected people.
Directly pay the infrastructure and appurtenances compensation to the
relevant units or individuals.
Specific funding process shows in Figure 11-1.
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Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System
Figure 11-1 Allocation process of resettlement fund for this project
10.4.2 Allocation and Management(1) All costs associated with demolition resettlement should be included in
the total project budget.
(2) Land compensation fees and resettlement subsidy fees, housing
relocation compensation fees should be absolutely paid before LA demolition
to ensure all the affected persons could be properly placed.
(3) To ensure that LA and resettlement can be successfully implemented,
financial and supervisory bodies at all levels should be established to ensure
all funds appropriated in place on time.
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12 Monitoring and EvaluationIn order to ensure the smooth implementation of RAP, realize the
appropriate resettlement target, the project will monitor and evaluate the
implementation of resettlement action termly according to the requirement of
WB Business Policy OP4.12 Involuntary Immigration and Guildlines for M&E
of Resettlement of Projects loaned by WB in China. The monitoring can be
divided into two parts, internal monitoring of resettlement institution and
external independent monitoring.
Internal monitoring is executed by the leader group of project office of
MCWSPTS and the project office of MCWSPTS to ensure the charge unit
obey the principle and schedule of PAP to implement LA, HD and
resettlement. The purpose of internal monitoring is to maintain the good
function of resettlement agency during the implementation process.
Independent monitoring institution mainly puts external independent
monitoring forward timely. NRCR of Hohai University undertakes Independent
monitoring of this project, and the content of indepedent monitoring are:
The work ability and efficiency of resettlement agency;
Implementation process of LA, HD and resettlement and compensation;
Survey analysis of resettlements’ living and livelihood level.
Independent monitoring is evaluated by agency independent of the
resettlement IA, and checks all implementation activities such as LA, HD and
resettlement with comprehensive and long-term view. Independent monitoring
will track the resettlement activity of the project to evaluate whether the
resettlement implement laws related to national LA, HD and resettlement;
whether accord with WB Business Policy OP4.12 Involuntary Immigration;
whether resettlements’ living and livelihood level improve or at least maintain
the former level. Independent monitoring agency will put forward suggestions
to relevant units according to the problems found during the monitoring, to
ensure the problems occurred during the implementation process can be
solved in time.
10.5 Internal MonitoringProject office put forward an internal monitoring operating mechanism to
check resettlement activity. Project office established basic database for LA,
HD and resettlement, and uses it to make up RAP and monitor all
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resettlements and units affected by LA and HD, proceed internal monitoring to
the whole process of resettlement preparation and implementation.
10.5.1 Implementing ProcedureDuring the implementation process, project office of MCWSPTS and
implementing unit collect and record information about resettlements and
affected units according to the monitoring samples, deliver record of activities
to project office of MCWSPTS at province and city level and keep continuous
implementing monitoring. Project office of MCWSPTS at province and city
level will check implementing situation timely.
In monitoring operating mechanism above, make information table whose
format is prescribed to realize the information flow from implementing units to
provincial project office is continuous. Project office of MCWSPTS and City
Bureau of Land Management will check and verify the situation timely as the
important part of internal monitoring system.
10.5.2 Monitoring ContentPayment, usage and in place of compensation funds for LA,
implementing progress and quality of production development project for
resettlements;
Investigation, coordination and suggestions for main problems in
resettlements and IAs during LA and resettlement implementing process;
Recovery situation of resettlement HHs’ income level;
Recovery situation of vulnerable groups;
Payment, usage and in place of compensation funds for resettlements
and LA and HD units;
Degree of participation and negotiation during the LA, HD and
resettlement process;
Training for resettlements and its effect;
Work organization, training, schedule and efficiency of local resettlement
office.
10.5.3 Internal Monitoring ReportProject office of MCWSPTS compiles internal monitoring report very three
month and report to project office of MCWSPTS at province and city level.
Provincial PO of MCWSPTS summaries once and reports to WB at the end of
the year.
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10.6External Independent Monitoring10.6.1 Independent Monitoring Agency
Project office will engage independent monitoring agency to put forward
external monitoring. Independent monitoring agency takes tracking M&E
timely to resettlement implementing activity, monitors the process, quality and
fund of resettlement and put forward advice. It takes tracking monitoring to the
resettlements’ living and livelihood level, and provides M&E report to project
office of MCWSPTS and WB.
10.6.2 Monitoring Procedure and Content1) Write resettlement M&E outline
2) Develop M&E infromation database
3) Compile investigation outline, table and record card for resettlement HHs,
enterprises and affected villages
4) Investigation design
Sampling preparation: d30% of HHs affected by LA.
5) Baseline investigation
Conduct baseline investigation needed by independent M&E to
resettlements and villages affected by LA and HD, gain baseline information
for the living and livelihood level (living, production operation and income
level) of resettlements and affected units.
6) Build M&E information system
Build M&E information system, establish database according to the
classification of all kinds of data involving M&E, and provide computer aid to
analysis and follow up monitoring.
7) M&E investigation
Local social-economy investigation: investigate the social-economy
situation in project area.
Resettlement IA monitoring: investigate the work ability and efficiency
of resettlement IA.
Typical temporary LA resettlement monitoring: compensation arrival
rate, livelihood resettlement, rate of income change, employment
rate, and degree of satisfaction to resettlement.
Communal facilities: monitor the compensation; proceed of recovery
and rebuild of the capacity of the communal facilities.
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Communication and information disclosure: engaged in the compile
of RAP and participate in the activities during the implantation
process, monitor the effect of participation and the information public
situation.
Grievance: monitor the operating mechanism and efficiency of the
grievance.
8) Arrange of monitoring information and establish database
9) contrastive analysis
10) Write M&E report
Mar. 2014, establish independent M&E group, write outline.
May.2014, do preparation work for independent M&E, including:
compile investigation outline and table, establish monitoring system,
determine tasks and choose monitoring location.
Jun.2014, put forward No.1 M&E report (baseline report).
Dec.2014, do second monitoring and put forward No.2 M&E report.
Jun.2015, do third monitoring and put forward No.3 M&E report.
Dec.2015, do forth monitoring and put forward No.4 M&E report.
Jun.2016, do fifth monitoring and put forward No.5 M&E report.
Dec.2016, put forward completion evaluation report.
10.7Monitoring Indicators Social-economy indicator: per capita income, GDP and employment
rate
Agency indicator: personnel consist, personnel quality, regulatory
framework, facility, finishing rate of affairs handling
Resettlements affected by LA: compensation arrival rate, livelihood
resettlement, rate of income change, employment rate, and degree
of satisfaction to resettlement.
Infrastructure: compensation arrival rate.
10.8Post EvaluationAfter the completion of the project implementation, on the basis of M&E,
post evaluation for resettlement will be conducted with post evaluation theory
and method. Evaluate successful experiences and lessons worth to learn on
terms of LA, HD and resettlement to provide experiences can be learned in
latter resettlement. Post evaluation will be conducted by independent
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monitoring agency entrusted by project office. Evaluating unit will write outline
and establish indicator system after being entrusted, then do social-economy
analysis and survey, compile Resettlement Post Evaluation Report for
MCWSPTS, and Report to Project Office of MCWSPTS at province and city
level and WB.
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Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System
Annex 1 Due Diligence Report for Land Acquisition and Resettlement Process of Jiangnan Public Transport Hub Construction Project
In order to monitor and check resettlement implementation program and
situation of this project, ensure resettlements’ legal rights and interests can be
garenteed, NRCR of Hohai University entrusted by DRC of Mudanjiang City
conducted due diligence report for LA process of Jiangnan Public Transport
Hub Project.
A. Propose of Due Diligence
Conduct a comprehensive review for LA and resettlement work; evaluate
whether all LA and resettlement involved in this project confirm with the Land
Administration Law of the People's Republic of China, the requirments of
relevant laws, regulations and policy about resettlements in Heilongjiang
Province and Mudanjiang City; check working process, the implementation
schedule, capital management, resettlement effect, and evaluate
resettlements’ living and livelihood level and degree of satisfaction to
resettlement; find out leftover problems during LA and HD process and put
forward feasible suggestions.
B. Method of Due Diligence
Materials for due diligence are mainly from two aspects:
a. Refer to document and literature and collect informanage, collect and
arrange information and relevant servey data provided by relevant
departments of local government and IA.
Literature materials collected this diligence survey including: Project
examination and approval documents, land approval, “ a book and
four plans” about construction land, LA reciplents roster and different
kinds of agreements relate to resettlements;
Information about public paticipation relate to resettlement: meeting
record about allocation plan, LA announcement, other infromation,
etc.
b. Field investigation. Further verify the information and data with the help
of methods such as symposium and direct communication with relevant
groups, etc.
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Field investigation consistsby several parts below: symposium, on-
site interview, etc.
Symposium: conduct symposium with staff in project
management office of MCWSPTS and DRC, resettlements, learn
the implementing situation of compensation for LA and
resettlement;
In 31th Jul.2013, due diligence survey group visited Niehe village.
They talked to village head and villager respectively, distrubuted
2 effective questionnaries.
Refer to materials relate to LA, and verify on-site interview. Interview
people who provide key information.
Chart Annex1-1
C. Content of Due Diligence
LA background
LA policy and implementation
LA progress, funds disbursed situation, compensation standard, etc.
Income recovery and resettlements’ satifaction
Resettlement implementing organizations
Public paticipation and communication
Complain and grievance
D. LA Background and Process
According to the development strategy of “ a river in the center,
developing on both sides” in Mudanjiang City, Mudanjiang Government
established Mudanjiang Economic Development Zone and National
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Circulating Economy Pilot Park in 7th Jul. 2006. The orientation of this
Economic Development Zone is to be the main economic development
platform in Mudanjiang City. At the base of original three big parks –
Mudanjiang Jiangnan New City Area, Mudanjiang Russia Trade Industrial
Park, and National Circulating Economy Pilot Park, it makes full use of policy
advantage and brand effect to integrate. And then, by constructing
development park, accelerate the expansion of the space for urban
development, improve the urban functions, enlarge import and export
processing capacity to Russia, promote the process of urbanization and
industrialization. To develop the platform better, further enlarge the park area,
after the early stage of the negotiation and public announcement, in 18th Oct.
2006, Jiangnan project management department of Xinshuguang Urban
Construction Investment Development co., LTD ( XUCID for short below)
signed Monetary Compensation Agreement for LA Ground Attachments
Demolition with committee of Niehe Village, Party A is XUCID Jiangnan
project management department, Party B is committee of Niehe Village. The
agreement stipulates that compensation standard should be in accordance
with the Land Administration Law of the People's Republic of China, the
Regulation of Land in Heilongjiang Province and relevant regulations of
Privince and City Government. Party B volunteered to choose monetary
compensation mode, and received compensation for vegetable field and
young crops CNY 4,114,338 in total, LA 43,956.6m2 in total, LA agreement
shows below in chart annex 1-2.
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Chart Annex 1-2 Monetary Compensation Agreement for LA Ground
Attachments Demolition
E. LA Policy
LA compensation standard implementing as Notice of Mudanjiang City
Annual Production Standards for Non-agricultural Construction LA for and
Relevant Provisions published by Mudanjiang Government in 14th Dec. 2000.
The notice stipulates annual output value standard, dry field output value
standard, paddy output value standard, fish pond annual production
standards, vegetable field output value standard, annual output value
standard field, etc.
Acquied land in Niehe Village was outdoor vegetable field, according to
the document, annual production standards is 3.6 CNY/ m2, 2,400 CNY/Mu/
m2 in total, compensation for LA and resettlement is calculated as 25 times of
the annual output value, compensation for young crops is calculated as the
annual output value.
According to the policy, actual compensation is:
Type Quality(m2)
Compensation
standard(CNY/m2)
Calculation formula
Amount(CNY) Note
Compensation for LA
and resettlemen
t
43,956.6 3.6*25 43,956.6*3.6
*253,956,0
94
Among them, 11
times was paid to
villagers directly, 1-2 times was
paid as incentive fee
to encourage early LA villagers,
others was used to
resettlement collective
land. Compensat
ion for young crops
43,956.6 3.6*1 43,956.6*3.6 158,244
Pay to villages (see
Chart Annex1-4)
Total 4,114,3 62.4Thouns
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38 and /Mu
Chart Annex1-3 Notice of Mudanjiang City Annual Production Standards
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Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System
for Non-agricultural Construction LA for and Relevant Provisions
Chart Annex 1-4 Payment Document
F. Distribution and Usage for Compensation
Compensation for Niehe Village in this LA was CNY 4,114,338 in total, by
communication, 1,872,538 was paid to villagers, other 2,241,799.76 was for
collective. The village used the money to build village industrial park (Longbin
industrial park).
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Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System
Chart Annex 1-5 Longbin Industrial Park
According to on-site interview, compensation for LA and resettlement has
been full specified amount paid, and there was no situation of compensation
defaulting. Person whose land was collected involves no vulnerable groups.
Resettlement method is autonomous resettlement.
G. Evaluation for Livelihood Recovery and Resettlement Effect
According to the introduction of Xin Guoping Director in Niehe Village,
there are 2,063 populations in Niehe Village now. Since 2006, more than half
of the land was removed and relocated. All land by collected is farmland and
there is no homestead. Original, villagers in Niehe Village mainly planted
vegetables, and annual per capital income were around CNY 14,000. Now
because of LA and the construction of Longbin Industrial Park, most villagers
are working in the park, annual per capital income were around CNY 18,000.
There are 41 plant fixed assets, the net asset value is CNY 48,624,099.43.
Niehe Village benefit most, LA and HD has solved employment problems, now
there are 17 enterprises, including Master Kang Mineral Water Factory, Glass
Factory, etc., recruiting more than 200 villagers. Enterprises pay villagers
wages in time, the monthly income for villagers is about CNY 1,500. In
addition, Niehe Village established Property Company by itself, and there are
76 villagers working there. There is a welfare factory (Cigarette Factory) also
recruiting 7-8 villagers.
After La, every winter, village will put forward some training classes, 40-
50 people will participate in them. Before 2010, the training classes were
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mainly in planting fruit trees and vegetable; after 2010, the classes began to
train for employment, such as bakers training classes, vehicle maintenance
training classes, etc. By groping for several years, training has gained positive
effect.
By training, there are more than 200 villagers are working in the village,
male can get CNY 2,000 per month, female are mainly occupied in property
management, such as street sweepers and collective property management,
and their monthly wage is between CNY 1,050 to 1,500.
Up to now, there is only one real HH enjoying the five guarantees in the
village, after villager congress discussion, he has been sent to the best
nursing home in Mudanjiang, the fare 1,700 per month is paid by village.
Because, in recent years, development of the village is good, annual net
income can reach more than 4 million. Through discussion, the village
executes retirement pension system. Villagers, both male and female, when
get 55 years old can get CNY 280 pension every month, when get 60 years
old can get CNY 380 pension every month, when get 80 years old can get
CNY 480 pension every month. The expend reaches 900 thousand every
year.
Due diligence investigation personnel conducted sampling survey to APs,
interviewed APs such as Li Xingcai respectively and found that their income
improve overall. Set Li Xing as example: before LA, annul net agriculture
income of his family was CNY 5,500, annul sideline income was CNY 40,000;
in 2012, the annul net agriculture income was CNY 3,600, annul sideline
income was CNY 55,000, and the Total revenue had recovered and improved.
H. Situation of Information Disclosure and Public Participation
a. LA and HD Organization and Public Participation
During preparation process of LA and HD, LA and HD unit published LA
announcement, announcement for LA compensation and resettlement plan,
HD announcement, etc. sooner or later in document and announcement
manner. At the same time, public telephone number for complaining and
monitoring, to ensure information publicity.
During implementation process of LA and HD, Land and Resources
Bureau, Demolition Office, Niehe Village and APs established working group
together to ensure LA and HD work could conduct smoothly, and listen to the
suggestions from affected villagers. Working group is consist by all ~ 107 ~
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stakeholders to make it convenient to communicate and negotiate with APs,
solve existing problems during the LA and HD progress, reduce effect on
stakeholders to the greatest extent, and receive positive effect.
From Mar. to Jul. 2006, LA and HD IA hold 4 symposiums with
resettlements and 4 on-site interviews, people participated in meetings
reached 69, they discussed about inhabitants’ view on project’s construction,
range of LA, LA compensation standard and agreement, resettlement manner,
construction of resettlement community, environment protection and so on.
And they fully asked for resettlements’ opinion in these terms.
b. Progress and Effect for Complain and Grievance
Controversy existing during the LA process, APs can grievance to
relevant institutions. Grievance ways are below:
Way 1: If APs have doubts about LA, they can appeal to project
headquarters, city government and village committee, survey group will
answer face to face and communicate solution with APs.
Way 2: APs can appeal through government special reporting agencies
directly.
Way3: APs can appeal to administrative organs have jurisdiction step-by-
step for arbitration according to the Administrative Procedure Law of the
People's Republic of China. If resettlements are not satisfied with the
decision, they can prosecute to the civil court according to civil procedural law
after getting the decision.
APs can complaint about all aspects affected. Grievance ways are told to
APs by meeting and other manners to make them know their right clearly. At
the same time, media tools will be used to strengthen publicity, and opinions
and suggestions from different aspects will be arranged into information
provision, researched and handled by different levels of LA and HD agencies.
These agencies will accept complaint and grievance of APs for free.
I. Gender Impact Analysis
There are 2,063 villagers in Niehe Village, 1,075 of them are female,
account for 52.11%. Due to LA, most female in the village are live on working
for others, some of them do business by themselves. Most female work in
property enterprise, monthly income is about CNY 1,500. Jobs for female
working in property enterprise are mainly cleaner, which are easier than
farming, and the income is higher and steadier. So it can be analyzed that LA ~ 108 ~
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promotes female’s living level.
J. Conclusion and Suggestion
a. LA compensation standard implement according to policy seriously; LA
has apparent effect on APs’ livelihood, and the construction of Development
Park provides plenty of employment chance.
b. Relevant organizations of LA project are definite, quality of staff is
relative high and they can complete stuff relative to resettlement good.
c. During the preparation and implementation process, project unit
organized several public participating activities about problems APs
concerning about such as converting measurements, compensation standard
and compensation payment. But part villagers have no clear knowledge of LA
policy and compensation standard, and the intensity of public participation
need strengthen.
d. Complain and grievance: Channels for complain and grievance are
unblocked; full-time coordinator regulation for complain and grievance has
been established; resettlements know grievance way when their right be
violated.
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Annex 2 Due Diligence Report for First and Last Stops of Public Transport in Fujiang Road
Construction site of first and last stops of public transport in Fujiang Road
is located near Dongjiang Village, Xinming Street, Mingyang District, and it is
0.40ha (6 Mu) in total. Now, it is state-owned open spaces and collected by
Mudanjiang unified expropriation workstation during the second construction
process of Dongsi Kuajiang Bridge. The land was owned by Dongjiang
Village, Xinming Street originally.
In order to know the impact of LA, due diligence survey group visited
unified expropriation workstation and Dongjiang Village in 1st Aug. 2013.
Chart Annex2-14-2Interview Head of Dongjiang Village
According to information, second construction phase of Dongsi Kuajiang
Bridge and comprehensive development project are the key projects of
Mudanjiang in 2011, projects include: second construction phase of Dongsi
Kuajiang Bridge constructed with full mat endowment by Beijing Zhongmai
Investment co., LTD, including 2,048m long city roads, 1 flyover, 1 underpass
bridge under the railway, 1 bridge over cross Mingyang, and the total
investment is expected to be CNY 450 million.
The population of Dongjiang Village is 514, among them, 137 are male
labors, 79 are female labors. There are farmland 746.4 Mu, among them,
319.9 Mu is dry land, 426.5 is vegetable land. In 2012, the total income of the
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Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System
village was CNY 283,748, total expand was CNY 230,846.66, and total
revenue at the end of the year was CNY 52,984.
Collected dirt road in Dongjiang Village was a village-level road, and the
LA affected no villagers directly. There are 13,195 m2 road involved, which
means 19.79 Mu; the compensation standard was 171 CNY/m2 (114,000.57
CNY/Mu), 2.556.345.00 in total.
Compensation has been paid in Jun. 2011, Dongjiang Village built a
environment- friendly brick factory with the money, and attracted 30 villagers
to work in the factory, and their monthly income was about CNY 1,500-2,000.
According to information, Dongjiang Village will not recover the original
road, they thought it may have the same effect by building a park here, which
can convenient their travel as well.
Compensation agreements for the land are shown below.
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Annex 3 Letter about the Preliminary Examination Opinions of Land for Construction Projects of MCWSPTS
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Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System
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Annex 4Gender Analysis in Project Area
A-Women Analysis in Rural Project Area 1 Legal rights
According to legal document in China, although women have not recognized, women have the same legal rights with men.
2 Social status
Women’s status in project area is relative high, major family issues are decided communicating by both husband and wife. Men are backbones in families, they present in main meetings,
but women can affect the decisions men made.
3 Land and property
rights
Women have same rights. The statues in project area are same as that in other area. Since household contract responsibility system was conduced in 1982, the daughter’s land should
remain in her mother’s family after get married, and she has to share the land of her husband. But, if the affected village conducted two rounds of land contract (around 1999), the
situation has been corrected. If LA, HD and resettlement involve, women enjoy the same compensation right.
4 Collective property
rights
Women have same rights.
5 Life and gender roles
No gender restriction. But, women in rural area, mainly do house work and other agricultural production work in their power. Men
mainly do agricultural production work and work outside. General, women’s working time is 1.3 times of that of men. At
the same time, many young women also work outside. 6 Family income
contribution
Women’s income is mainly sideline and wage by working in factory, accounts for about 35% of family income. And income
resource is mainly agriculture income and breeding.
7 Family statues
Women have same speaking right. When men work far away from home, women decide many things.
8 Education
level
Chances for girls and boys are the same, if children work hard, their parents will try their best to afford them to school.
9 Health condition
Women’s health condition is relative good, and has no apparent distinction in terms of nutrition compare to men. But with the increasing trend of hospitalization costs in family costs, the
burden of women may be heavier.
10 Village and
government institution
In all village committees, there are women represent. At the same time, in village and village groups, women have good
informal network. Women can participate in generation election in village committee, and have right to vote and the right to be elected. Local government pays a lot attention to the women
development, especially in terms of supporting the poor. Overall
evaluation and main
risks
Women status in project area are relative good, there is no gender restriction. Although women seldom participate in the decision of public affairs, they can express their opinion by
different kinds of ways (like male members in family).
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Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System
A-Women Analysis in Rural Project Area B-Women Gender Analysis in Resettlements
Gender problems Stake /risks Project influence Slow down
measures
1 Land, property and compensatio
n rights
Women’s land or
property or compensation right will be
deprived.
Women have same LA, HD, resettlement and
compensation right. Project has no apparent negative
influence on women.
(1) Currency compensation
or improve remained land, and go through
planting structure
adjustment.
2 HD and rebuilding
Women have no right to participate in deciding
or compensatio
n usage.
Women enjoy house property; all family members
decide house rebuilding together. So, women can
participate in choosing homestead, house
construction and the arrangement of makeshift
shelter, etc.
(2) Women have house property of rebuilding
house.
3 Living and livelihood
recovery after LA
Women may be affected more and
get less aid.
All APs lost part of land, so, the just loss part income. Usage of compensation is
decided by APs themselves. Only HHs affected seriously
need change income resource. Apart from
currency compensation, project will provide auxiliary
measures to help APs to recover income (such as,
give priority to employment during construction process, skill training and late-stage
support, etc.).
(1) Women will get LA
compensation; (2) In skill training, women
account for at least 50%; (3)
During construction
period, women can get at least
unskilled occupation.
4 Increase of gender
inequality
Resettlement may lead to
heavier burden or
less chances.
Lead no gender inequality, and to many families,
resettlement influence is not serious.
Land loss and sufficient compensation will help women change planting structure (like plant more
economic crops), and it will increase women’s income.
Monitoring
5 Social network
Damage of social
network.
Project has no serious influence on social network. No influence
6 Health Health Project has no serious Provide aid
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A-Women Analysis in Rural Project Area
influence/ increase
social problems
problems or social
problems (violent,
AIDS, etc.) because of
resettlement pressure.
influence on production. But some households affected seriously and vulnerable groups have problems.
with Civil Affairs
Department
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Annex 5 Heilongjiang Provincial Human Resources and Social Security Department "Related Notice on the landless Farmers Participating in the Basic old-age Insurance for Urban Enterprise Workers "
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Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System
Annex 6Resettlement Information Booklet1. Project Overview
In response to resources, environment and ecology, the real demand of
people's livelihood and economic development in Mudanjiang City, as well as
to improve the current situation of urban public transport which is relatively
backward, the government of Mudanjiang City intends to loan from the WB,
carry out the Mudanjiang Cold Weather Smart Public Transportation System
Loaned by WB.
According to the feasibility study report, the project is divided into four
sub-projects: the integrated public transport corridor sub-project, the public
transport infrastructure sub-project, the intelligent transportation systems, the
institutional capacity building sub-project. The specific content of the project
for:
Design and construct integration on five selected bus corridor, including
bus lanes, bus stops, and intersection widening and drainage of integrated
transformation, bus priority traffic signal control system, the transformation of
the corridor along the street entrances, pedestrian crossing system
improvement, reduction facilities, parking planning and management.
On the basis of intelligent transportation systems in Mudanjiang city on
the expansion and depth of integration, build “a data center, three large
business platforms, and eleven business systems.” It covers transportation
comprehensive monitoring, signal control, illegal automatic recording,
intelligent transportation scheduling, dispatching emergency transportation,
public transportation information services and so on.
Complete the design and construction of bus station, bus hub, surrenders
courts and other public infrastructure.
Total investment of the project of intelligent transportation system in
extremely cold city with the loan from World Bank in Mudanjiang City is CNY
1.23 billion, which the use of World Bank loans $ 100 million and the
remaining part of the money is solved by the government’s matching funds in
Mudanjiang City. Capital for resettlement is about CNY 3815,000, accounts for
0.31% of the total investment.
Mudanjiang City Development and Reform Commission take the lead in
this project. The construction period is 3 years, from 2013 October to 2016
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Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System
December, about 38 months totally.
2. Social ImpactsBenefit area of the project is the whole city, espiaclly the resident in the
urban area.
The project planed to collect rural collective land permanently of 3.05ha
(45.75Mu), affected area mainly concentrated in 3 administrative villages in 2
districs and 2 towns in Mudanjiang, they are Beian Village and Yinlong Village
in Sandaoguan Town in Aimin Distric and Hualin Village in Hualin Town in
Yangming Distric.
Name of sub-
project
Name of
single project
District Town Village
Total farm land (Mu, befor
e LA)
Dry land to be
collected Impact
ratioHa Mu
Construction of first and last
stops
Bada Aimin Sandaoguan
Yinlong 410 0.4
3 6.45 1.57%
Halin Yangmin Hualin Huali
n5,70
01.51
22.65
0.40%
Sub Total 6,110
1.94 29.1
Construction of
maintain factory
East maintai
on factory
in Daqing Road
Aimin Sandaoguan
Bei’an 631 1.1
116.6
52.64%
Sub Total 631 1.11
16.65
Total 6,741
3.05
45.75
0.68%
The project will collect state-owned land of 4.69ha (70.35Mu), among
them: state-owned collected by the construction of Jiangnan Public Transport
Hub Project is state-owned reserving land (land of Niehe Village in Xinglong
Town in Andong District, collected in 2006) of Mudanjiang Economic
Development Zone and National Circulating Economy Pilot Park
(Development Park for short), 4.29ha ( 64.35 Mu in total), and is transferred
for free; state-owned collected by the construction of first and last stops of
public transport in Fujiang Road is state-owned reserving land (land of
Dongjiang Village in Xinxing Street in Yangming District, collected in 2010) of
~ 125 ~
Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System
second phase of Dongsi Kuajiang Bridge, 0.4ha ( 6 Mu in total), and is
transferred for free.
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The project involves no temporary LA.
The project involves no construction demolition.
The project affected 26 HHs, 102 persons in total, all of them are Han Nationality, and all of them are caused by LA; the project
involves no HD.
Name of sub-project
Name of single project
District Town Village
Affected HHs (per HH) APs (per person)
Total
Among:vulnerable familyTota
l
Among: female
population
Female ratioVulnerabl
e familyVulnerable people Type
Construction of first and last
stops
Bada Bada Aimin Sandaoguan 3 0 0 N/A 13 6 46.15
%
Halin Halin Yangmin Hualin 18 1 1
Elderly,
insured
69 33 47.83%
Sub Total 21 1 1 N/A 82 39 47.56%
Construction of
maintain factory
East maintaion factory
in Daqing Road
Aimin Sandaoguan Bei’an 5 0 0 N/A 20 11 55.00
%
Sub Total 5 0 0 N/A 20 11 55.00%
Total 26 1 1 N/A 102 50 49.02%
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In the 26 AHs, there is one family (Hua Lin town Hua Lin village, 3.8% of
the total affected HHs) received the government minimum living guarantee.
This vulnerable family is the elderly and low-income family. The project will
provide vulnerable HH extra help.
Among the population of APs in investigation, there are 50 women,
account for 49.02%. In farm family by LA, there is no single women labor
household caused by divorced, abandoned or widowed.
Affected attachments including: 13 cement electric poles, 8 wooden
electric poles and 35 sporadic seedlings.
3. Resettlement Law and Policy ObjectivesThe basic purpose of Resettlement Policy Framework is to ensure the
resettlement planning and implementation complies with the WB operational
policy OP4.12. Meanwhile, any LA and resettlement activities in this project
will comply with a number of laws and regulations of country, Heilongjiang
Province and Mudanjiang City, the specific policy framework shown in table
below.
Level Policy documents Effective Time
State and central
ministries
"Property Law" 2007.10.1"Land Administration Law" 2004.8.28
"PRC Land Administration Law Implementing Regulations" (State Council Decree No. 256) 1998.12.27
"State-owned land on the housing levy and Compensation Ordinance" (State Council
Decree No. 590)2013.1.21
"State-owned land on the housing levy assessment approach" (housing [2013] No. 77) 2013.6.7
"The State Council on Deepening the Reform strict land management decisions" (Country
[2004] No. 28)2004.10.21
"On improving land compensation and resettlement, the guidance system" (MLR
[2004] No. 238)2004.11.3
"State Council on strengthening the regulation of land issues related to notice" (Country [2006]
No. 31)2006.8.31
"Resources on work to develop standards and annual output value of land Area unified
comprehensive land work notice" (National Land and Resources Bureau [2005] No. 114)
2005.7.23
"The State Council General Office of the Ministry of Labor and Social Security
employment of landless farmers do a good job
2006.4.10
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Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System
Level Policy documents Effective Time
training and social security work guidance notice" (Country [2006] No. 29)
"LA Announcement approach" (Ministry of Land Order No. 10) 2002.1.1
Heilongjiang Province
"Heilongjiang Land Management Regulations" 2000.1.1"Heilongjiang Provincial Urban Housing Demolition Management Regulations" 2002. 3.1
Heilongjiang Province, the implementation of "The People's Republic of China State-owned land use right transfer of urban and transfer of
the Provisional Regulations" approach, the Heilongjiang Provincial People's Government
Order [1992] No. 11
1993.1.1
"Landless farmers in Heilongjiang Province Pension Insurance Interim Measures" (BMA
black hair [2008] No. 64)2008.9.5
Heilongjiang Provincial Department of Housing and Urban-Rural Construction Department on
the issue of the "state-owned land on the housing levy and Compensation Ordinance"
relevant implementing provisions of the notice (black housing [2011] No. 11)
2011.3.30
"Heilongjiang levy Integrated Land Implementation Measures (revised version)"
(Heilongjiang provincial government [2011] No. 51)
2011.7.18
Mudanjiang city
Mudanjiang Municipal People's Government on the land area in the city's comprehensive land
price adjustment notice2010.12.31
Mudanjiang City collective land compensation standards for ground attachments Measures 2011.10.19
Mudanjiang Mudanjiang Municipal People's Government on the issuance of state-owned
land on the urban residential housing levy removal, temporary relocation standards
(provisional) notice
2011.4.12
Word Bank
Operational Policy OP4.12 "involuntary APs" and its annexes 2002.1.1
Business Programs BP4.12 "involuntary APs" and its annexes 2002.1.1
According to the laws, regulations and policy documents of Chinese
government and WB, the compensation and rights principle of the project is to
ensure resettlements can gain sufficient compensation and aid measures, and
recover their living and livelihood level to that before LA. Specific details
shown below:
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Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System
Principle1 If possible, avoid involuntary immigration.
2 Compensation and rights APs get can at least maintain the living level before LA and improve if possible.
3 No matter APs have legal rights or not, they will get compensation and resettlement aid.
4 If APs’ land after LA cannot make ends meet, provide currency or compensate for land, and put forward other activities to recover income.
5APs have sufficient knowledge about qualifications, compensation
manner and standards, livelihood and income recovery schedule, project time arrangement, and participate in implementation of RAP.
7 Implementation agency and independent agency will monitor the operation of compensation and LA.
8
Voluntary group get special aid or treatment, to ensure they can live better, and all APs should have chance to benefit from the project. Each
resettlement family has 2 family members get skill training, at least 1 female.
9 RP should in accordance with layout plan of affected village, town, city (district, county)
10 Resettlement fee should be fully used and all covered all aspects.
The deadline of definition for compensation qualification is 1st Oct. 2013.
After the feasibility study gets through, the deadline will be told to the public.
APs’ newly cultivated land, newly built houses or settled in affected area after
deadline will not be considered in compensation range. Any construction or
trees just for extra compensation will not be calculated.
4. Resettlement ProgramAccording to the latest landless farmers’ policy of compensation and
resettlement of Mudanjiang City and combined with the scope of the project
and the expected resettlement of landless farmers, we should implement the
social security placement.
A. Land Compensation RelocationAccording to estimates, the permanent LA compensation expenses
totaled CNY 1.6156 million, and in which CNY 1.5623 million is land
compensation fees, ground attachments and young crops compensation fee
is CNY 53,300. According to regulations, 70% of the land compensation fee
paid directly to the affected farmers. After the affected HHs obtain land
compensation fee, these compensation funds will be used to recover their life.
According to the survey, the affected people will take advantage of LA
compensation fee to increase agricultural production technology, expanding
transportation, services and HH sideline production which can benefit from the
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new opportunities. The remaining 30% of the land compensation fees will be
paid directly to the affected village collective, the village collective will
establish special accounts, and use the funds for the village's infrastructure
and establishment of village collective enterprises, employment training and
holding subsidies for landless groups. Young level ground attachment
compensation fees will be directly compensated to their owners.
Affected Villages
Requisition number (mu)
Nature of the land
Compensation (ten
thousand CNY)
Compensation object
Hualin Village 22.65
Collective land
(agricultural land)
Total:57.38
40.17 18 families of 74 people
17.21 Village collective
Yinlong Village 6.45
Collective land
(agricultural land)
Total:32.25
22.58 3 families of 11 people
9.67 Village collective
Beian Village 16.65
Collective land
(agricultural land)
Total:66.6
46.62 5 families of 17 people
19.98 Village collective
B. Social Insurance for Landless Farmers Since there is not yet farmers pension insurance measures, Mudanjiang
City currently implementation the policy of Heilongjiang Provincial Human
Resources and Social Security Department "on the landless farmers to
participate in the basic old-age insurance for urban enterprise workers related
issues notice" (HRS[2012] No. 61) to resettle those landless farmers.
According to introduction, the number of landless farmers to participate in
the basic old-age insurance for urban enterprise workers is calculated with the
calculation unit of village. The concrete number will be issued by Mudanjiang
Land Resources Bureau. The calculation method is as below:
The number of landless farmers to participate in the basic old-age
insurance for urban enterprise workers requisition = acquisitioned arable land
area / average arable land area per capita
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After land acquisition, Mudanjiang Municipal Land Resources Bureau will
identify the landless farmers to participate in the basic old-age insurance for
urban enterprise workers, land use unit will pay insurance fee for these
landless farmers at the rate of 62,370 yuan per landless farmer. Affected
Village committee will convened all villagers to discuss who can be taken as
“landless farmer”, basically according to villagers’ affected degree and other
factors. The proposed list of insured persons will be twice publicly displayed
so as to collect villages’ suggestion. After payment, the qualified landless
farmers (male over 60 years and women over 55 years) can receive the basic
pension. The standard of it in Mudanjiang city of 2013 is about 500 yuan per
person per month. The specific amount of each person need to be calculated
according to a complicated calculation formula. The standard of the pension
for landless farmers will be adjusted according to the adjustment of urban
minimum living standard.
C. Other Supportive Policies and MeasuresFarmers lost their land and the sources of production and living in the
urban part. In order to make the farmers' production and living standards to
recover better and faster and find a long-term source of income for life, the
Government takes positive and effective measures to provide some
employment guidance to help farmers to improve production and employment
levels. The village collective should use the land compensation to set up
village collective enterprises to provide jobs for the farmers, meanwhile do
gather production technology and employability training targeted to help
farmers improve agricultural production skills and employment abilities, thus
helping effectively restore production and living levels of the landless farmer
families.
Firstly, prepare certain special funds to analyze the employment
aspirations and educational levels of farmers on the requisitioned land.
Combine the job training with the employment needs of enterprises around
and organize pre-employment vocational training for the farmers on the
requisitioned land in a planned and orderly way.
Secondly, combined with the actual economic condition, develop the
greenhouse vegetable cultivation. Targeted provide greenhouse cultivation
technology training to farmers whose land is requisitioned to improve their
level of agricultural production, thereby increasing their incomes.~ 132 ~
Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System
Thirdly, actively develop jobs around the village. Give priority of the
village jobs to the vulnerable groups especially women such as the families on
the requisitioned land in poor economic conditions, cultural and physical
disadvantaged.
Fourthly, solve the landless farmers’ difficulties in production and life by
the strength of village, helping to restore their production and living levels as
quickly as possible.
5. Compensation Standards
Effect type Obligee
The number
of Obligee
Compensation policy Compensation Standard
Collective land
expropriating
(1) Village
collective(2)
Affected contracto
r
26 HHs,1
02 People
Compensation for LA costs by sign area piece price compensation, young and fixtures compensation fee of two charges. Constitute expropriation land price compensation including "land expropriated agricultural resettlement subsidies" and "land compensation fees"; In accordance with land area price access the land compensation fees, 70% personal contract HHs, 30% is owned by village collectives in the village for infrastructure construction To obtain compensation for young crops; To obtain opportunities of training and employment, take measures to make its business income does not reduce; First hired by businesses.
Yinlong villag:CNY
50,000 per muHualin
village:CNY 25,333 per mu
Beian village:CNY 40,000 per muYoung crops
Compensation fees:CNY 800 per mu
State owned land
The owner of accessori
es
In LA, if they are affixed, the compensation to the owners compensation appendages fee.
Items attached to land
Property
Property unit is responsible for recovery To obtain Monetary compensation
Details in table 7-2
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Other support
Disadvantaged group
During the project implementation, encourage the vulnerable groups to participate in the project, the adverse effects on vulnerable groups recognition project life cause, and to develop mitigation measures. According to the related policy in Mudanjiang City, the poor families fix low living conditions can apply for the rural subsistence under the help of township government. To have labor ability, development township and village committee jobs, for simple jobs, give priority to the vulnerable groups have employment to help its own ability’s construction. Extraction of 200,000 CNY from the project cost, to support the reality and potential vulnerable groups.
6. Implementation InstitutionsInstitutions involve in the project are: The leading team of MCWSPTS,
PMO of MCWSPTS, Land Administration Bureau of Mudanjiang city (area),
Involved Villagers committees in LA, Design and research institute,
Immigration independent monitoring agency, etc. Early stage preparation is
leaded by DRC. Organization chart is shown below:
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Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System
7. Grievance ProcedureDuring the preparation and implementation process of RAP, public
participation is encouraged, so great disputes may not occur. But some
unforeseen problems may occur during the whole process. In order to solve
the problem effectively, ensure the success implementation of the project
construction and LA, project office has established a transparent and effective
complaint and grievance procedure. Basic grievance procedure is following:
Stage 1: If APs feel dissatisfied with RAP, they can put forward an oral or
written complaint to the village committee; if it is an oral complaint, it should
be handled and kept as written record by the village committee. Village
committee should solve it in two weeks.
Stage2: If APs still fell dissatisfied with the decision of the stage 1, they
can put forward grievance to county PMO after receiving the decision. And
county PMO should solved it in two weeks.
Stage3: If APs still fell dissatisfied with the decision of the county PMO,
they can put forward grievance to district people's government after getting
the decision. And it should be solved in 20 days.
Stage4: If APs still fell dissatisfied with the decision of the county PMO,
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Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System
they can put forward grievance to city project IA after receiving the decision, or
they can go to the civil court according to the Civil Procedure Law.
APs can put forward grievance in any terms, including compensation
rates and so on. Grievance procedure and channel mentioned above and the
name, location, person in charge and telephone number of related
departments will be told to APs by manners such as meeting, notices and
issuing of information booklet to ensure APs fully understand their right of
grievance and how to conduct it. At the same time, multi-media will be used to
strengthen the publicity, and opinion and suggestions from all terms will be
arranged to information advocacy, then researched and handled in time by
resettlement agency at all levels.
All agencies will accept complain and grievance of APs at free,
reasonable fee because of these activities will be paid by contingencies of the
total budget. During the whole construction process, the grievance procedure
will be effectively to ensure APs can use it to solve relevant problems.
8. Contact Information
Construction Unit Early Stage Section of Mudanjiang DRC Linkman Section Chief Liu
Contact Number 0453-6171284E-mail [email protected]
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Annex 7 Announcement of the Disclosure of “Resettlement Action Plan and Due Diligence Report” and “Social Assessment Report” of MCWSPTS
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