World Bank-financed Poverty Alleviation and Agriculture ...documents.worldbank.org/curated/en/... · As a result, the RPF is a generic document covering all these instances. July

Resettlement Policy Framework

China State Council Leading Group for Poverty Alleviation and

Development

Foreign Capital Project Management Center

November 2014

World Bank-financed Poverty Alleviation and

Agriculture Development Demonstration

in Poor Areas Project

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Table of Contents

Executive Summary .................................................................................................... 1

A. Project Overview, Principles and Rationale for a Resettlement Policy

Framework.................................................................................................................... 4

B. Framework for Land Acquisition .......................................................................... 7

B1. Objectives and Relevant Terms of the Policy Framework ............................. 7

B2. Preparation and Approval of Resettlement Action Plans ............................... 8

B3. Institutional and Legal Framework .................................................................. 11

B4. Implementation Process.................................................................................... 13

B6. Budget Arrangements........................................................................................ 14

B6. Public Participation and Information Publication ........................................... 14

C. 4. Land Transfers and Use of Land as Shares ........................................... 15

D. Complaint Mechanism ......................................................................................... 16

E. Monitoring and Evaluation .................................................................................. 17

Appendix I Laws and Policies Related on Land Acquisition ....................... 19

Appendix II Compensation Principles for the Project Areas ....................... 27

Appendix III Laws and Policies on Social Security ...................................... 29

Appendix IV Entitlement Matrix ....................................................................... 36

Appendix V Summary of Land Occupied for Market Construction ............ 41

1

Executive Summary

1. Process

This Resettlement Policy Framework (RPF) is based on the findings of a full social

assessment that bas been undertaken during project preparation by an independent

and qualified consulting firm, with extensive community consultation. The draft

document was made available to the public locally and the final document has been

publicly disclosed.

2. Purpose

The World-Bank financed Poverty Alleviation and Agriculture Development

Demonstration in Poor Areas Project aims to develop and demonstrate rural value

chain models in selected destitute areas that promote equitable organizational

arrangements, participation, and the sustainable increase of income of poor

households in 547 administrative villages in Gansu, Sichuan and Guizhou provinces.

This RPF is established for the following purposes:

Under Component I, the project will finance agricultural cooperative investment funds.

Cooperatives are likely to use part of this investment to expand their farming

operations in the form of plantations or breeding farms (production bases). The RPF

confirms the participatory process and cooperative formalization process, which have

been instituted in the project implementation manual and will serve to ensure fair and

transparent land arrangements. It also provides additional detail to guide

implementation of these processes.

Under Component 2 (public infrastructure and services), the project will finance the

construction of public markets and access roads to production areas. At the time of

appraisal, no instance of civil works requiring land acquisition had been identified.

However, as most locations for markets have not been confirmed at the time of

appraisal (Appendix V), and none of the locations for access roads have been

confirmed, it cannot be ruled out that some of this infrastructure would require land

acquisition. The World Bank Policy on Involuntary Resettlement OP 4.12 is therefore

applicable. This RPF is produced to ensure full compensation at replacement cost of

all affected households.

When access roads are built on land currently used as farmland, most land is likely to

be obtained through voluntary adjustments within the project villages. The RPF

requests coordination and agreement by the villagers, and documentation of these

cases. It will also guide the implementation of voluntary exchanges.

The project will take place in an environment where the government is implementing

ecological resettlement operations. Successful cooperative development can only

take place in stable communities. The RPF confirms that the project villages will

2

neither be departure locations nor arrival locations for households in on-going

ecological resettlement programs.

3. Compensation for the Construction of Rural Infrastructure and Other Civil

Works

In accordance with OP 4.12, instances requiring land acquisition have been avoided

during project preparation and will continue to be avoided where feasible, or

minimized, exploring all viable alternative project designs.

In instances where land acquisition is unavoidable, affected persons would be diverse.

Although most of them will be farmer households affected on farmland, it may not be

precluded that some households might be urban households, or some land might be

residential land, or the construction of some markets might affect occasionally houses

and lead to house demolition. As a result, the RPF is a generic document covering all

these instances.

July 2011 (project identification) is the cut-off date established to determine whether

land for future project-funded infrastructure or facilities are covered under the present

RPF. Counties that have acquired land after July 2011 have produced a due

diligence report prior to appraisal to confirm absence of land acquisition. Information

included in these reports will be monitored during project implementation.

4. Land Transfers and Use of Land as Shares for Agricultural Production

In accordance with OP 4.12, any instance of land transfer or use of land as share in a

joint cooperative investment must be fully voluntary. Households will therefore retain

the possibility not to join or to opt out after the end of a contract period. In

cooperatives, since the project provides an investment fund to cooperatives in a grant

form, there should be no requirement that households are requested to pool their land

into the cooperative’s capital stock (“land shares”) as a condition to become a

cooperative member. Should the use of land as shares be the preferred option for

local members, related rights to dividends would be open in a transparent manner.

Land transfers are now requested by the national legal framework to take the form of

a contract with a clear time limit, and with payments based on the local land market.

This process is starting in the project areas, and this RPF guides full use of this legal

framework.

In order to ensure that the project is implemented in accordance with these principles,

project supported cooperatives are required to go through a participatory process of

formalization of new or existing cooperatives that includes a mandatory step on land

arrangements. Participants will receive prior information and training on land

management in cooperatives, and they will receive individual land transfer contracts

in the event of land transfer.

3

Land transfers and land share schemes for a production base undertaken by a

project-supported company or organization other than a cooperative will be subject to

the same requirement.

5. Complaint Mechanism

A complaint mechanism covering all situations listed in this Resettlement Policy

Framework is set up. This mechanism will start at the administrative village or

township level. The government offices in charge will be resettlement offices, or

another relevant office that has been designated for the project.

6. Responsibilities and Budget

County PMOs assume overall responsibility for the implementation of this RPF. They

ensure that township project implementation units and village committees undertake

the consultations and negotiations that are needed to prevent any unnecessary land

acquisition under the project. They will assume all expenses to cover planning in

relation to this framework and any potential need for compensation.

The Provincial Project Management Offices, under the guidance of the national

Project Coordination Office, take overall responsibility for preparation and appraisal of

abbreviated Resettlement Action Plans, and of full Resettlement Action Plans in the

event that such plans are needed, in close cooperation with county PMOs, and for

their submission to the World Bank.

7. Monitoring and Evaluation

International monitoring is undertaken, with quarterly reports, to cover all aspects of

this RPF including the complaints mechanism. An independent external evaluation

of this framework will be undertaken twice during project implementation. In the

event a full Resettlement Action Plan is needed, specific external and evaluation of

this plan will take place.

4

A. Project Overview, Principles and Rationale for a Resettlement Policy

Framework

1. The World-Bank financed Poverty Alleviation and Agriculture Development

Demonstration in Poor Areas Project aims to develop and demonstrate rural value

chain models in selected destitute areas that promote equitable organizational

arrangements, participation, and the sustainable increase of income of poor

households. The project covers Sichuan Province, Guizhou Province and Gansu

Province in the nationally designated contiguous poverty-stricken areas of Wumeng

Mountain and Liupan Mountain, including 10 cities (autonomous prefectures), 27

counties, 547 administrative villages, 3940 natural villages in total, totally covering

243,800 households. It will benefit 929,200 rural people, of which 357,000 are

registered as poor and 243,000 belong to ethnic minorities. Average poverty

incidence in the project areas is assessed to reach 44%, and average rural per capita

net income is CNY 3,510 per year.

Table 1. Project Areas

Area Province City (Autonomous

Prefecture) County (District)

Wumeng

Mountains

Guizhou Bijie City Dafang, Zhijin

Zunyi City Chishui City, Xishui, Tongzi

Sichuan

Luzhou City Gulin, Xuyong

Liangshan Yi

Autonomous

Prefecture

Zhaojue, Meigu, Jinyang, Butuo

Liupan

Mountains Gansu

Tianshui City Zhangjiachuan

Wuwei City Gulang

Dingxi City Tongwei, Longxi, Min County, Weiyuan,

Lintao, Anding District

Qingyang City Huan County, Huachi, Zhengning,

Heshui

Linxia Hui

Autonomous

Prefecture

Dongxiang, Yongjing

Pingliang City Zhuanglang, Jingning

Total 3 10 27

5

2. The Project includes four components:

Component 1: Integrated Value Chain Development. The objective of this component

is to support the improvement of value chains for selected agricultural products with

local competitive advantage (key commodities), establish new farmer cooperatives or

strengthen existing cooperatives or other producer/ community cooperation

arrangements to become effective business entities, and strengthen forward and

backward marketing linkages. Specific activities include: (a) Cooperative

Establishment and Development, (b) Establishment of Cooperative Development

Funds, (c) Public Private Partnerships for training and technical services for

cooperatives, communities, and farmer households groups that will be delivered

through qualified agricultural enterprises.

Component 2: Public Infrastructure and Services including (a) the construction of

production road infrastructure, irrigation infrastructure and land leveling, information

infrastructure and equipment, and public market facilities, (b) public services, such as

food safety testing and control, and public extension and training, and (c) advisory

services for cooperatives through cooperative facilitators.

Component 3: Poverty Reduction in Adjacent Destitute Areas - Training and Learning

analytical studies and development of guidelines.

Component 4: Project Management, Monitoring and Evaluation.

3. The construction period of this Project is five years, and total investment is

CNY 1.8 billion, with USD 150 million from a World Bank loan, equivalent to CNY 915

million, and CNY 885 million of domestic funds. Project components account

respectively for 65.2% (component 1), 22.3% (component 2), 0.2% (component 3)

and 3.4% (component 4) of the total planned investment. Sichuan, Guizhou and

Guangxi would respectively access USD 50 million, USD 40 million and USD 60

million of the World Bank loan.

4. The principles of this Project in relation to land are as follows:

avoiding direct occupation of cultivated lands;

avoiding the use of project investments on lands with undocumented land

transfers by cooperatives or enterprises;

avoiding departure and arrival areas in ecological resettlement programs for

poverty alleviation;

regular monitoring of whether land acquisition of cultivated lands or investments

on lands with undocumented land transfers have been avoided or not.

5. There are no large-area concentrated and contiguous lands in land use in this

project. Most of the civil works would take place on rural collective lands, and most of

the lands would be set up through voluntary land donation and in-village land

exchanges, through full negotiation among the villagers. Some land transfers from

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farmer households to cooperatives and enterprises might also take place for the

purpose of project-funded activities, and these would also be done through full

negotiation with the villagers.

6. In spite of this, cases of land acquisition may arise in this Project in relation to the

construction of public/farmers markets and village trading facilities, cooperative

buildings, feed storage facilities, epidemic prevention facilities, access roads for

agricultural production, and irrigation and drainage facilities. In addition, since trading

markets/farmer’s markets constructed in most project counties do not have a

well-defined location and area at present, their impact cannot be determined. The

Borrower has therefore, in accordance with the Involuntary Resettlement OP4.12 of

the World Bank, formulated this Resettlement Policy Framework (RPF) to guide land

acquisition, in-village land donations and land transfers caused by the project.

7

B. Framework for Land Acquisition

This framework applies to instances where land reallocation within villages is made

without voluntary adjustments within a village for the construction of rural

infrastructure and other civil works. It also provides guidance for voluntary land

adjustments within a village.

B1. Objectives and Relevant Terms of the Policy Framework

7. This RPF is prepared in accordinace with the World Bank’s Involuntary

Resettlement OP4.12, dated December 2001. It’s overall objectives are as follows:

discussing all feasible project design plans to avoid or reduce involuntary

resettlement as far as possible;

if the resettlement is unavoidable, the resettlement activities shall be designed

and implemented as sustainable development plans; providing sufficient funds,

and making the affected households share the benefits of the project; seriously

negotiating with the affected households, and making them have the opportunity

to participate in the planning and implementation of the resettlement plans;

helping affected households to endeavor to improve livelihood and living

standards, and at least making them practically recover to higher standards

before removal or before the commencement of the project.

8. This RPF has stipulated the principles and objectives of the resettlement,

applicable criteria, rights, legal and institutional framework, compensation and

restoration modes, participation features and complaint procedures of resettlement to

specifically guide the compensation, relocation and restoration of the resettlement.

9. Each resettlement plan must be based on the identifiable basic information

collected, and the following persons shall be defined as affected persons, whether

they are affected in a permanent or temporary manner:

Rural residents whose farmland or houses and homesteads are partly or fully

affected by the project;

Urban residents whose houses are partly or fully affected by the project;

Enterprises and public institutions whose businesses or facilities are partly or fully

affected by the project;

Those whose young crops or attachments are partly or fully affected by the

project.

10. The specific principles of the RPF are as follows:

minimizing the acquisition of lands and other properties and corresponding

resettlement as far as possible;

up to the baseline survey date, all affected households shall be qualified for

requesting restoration measures to help them improve or at least maintain their

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living standards, income acquisition ability and production level before the project.

The lack of lawful rights to loss of assets shall not impede the affected

households’ rights to the resettlement measures;

the resettlement measures provided include: (1) reimbursing houses and other

buildings with replacement costs without depreciation or salvage value recovery;

(2) replacement with farmlands with equal production capacity acceptable by the

affected households; (3) replacement with equivalent houses and homesteads

acceptable by the affected households; (4) resettlement and living allowances; (5)

livelihood recovery, including skill training, employment assistance, social

security and other aspects;

if the affected households accept the replacement of the houses and homesteads,

farmlands, which shall be adjacent to the lost lands as far as possible;

the transitional period of resettlement shall be minimized, and the restoration

measures shall be provided to the affected households at each project area in

advance before the prospective commencement date;

the acquisition plan for lands and other assets and the restoration measures

provided shall be repeatedly negotiated with the affected households to

guarantee the minimized interference. The affected households will be

empowered before the prospective commencement date;

maintaining or improving original service and resource level;

the availability of financial and material resources for resettlement and restoration

must be guaranteed whenever and wherever necessary. The budget for the

Resettlement Action Plan shall include unexpected expenses;

system and institutional arrangements shall guarantee the effective and timely

design, plan, consultation and implementation of the properties and resettlement;

effectively and timely supervising, monitoring and assessing the implementation

of the Resettlement Action Plan.

B2. Preparation and Approval of Resettlement Action Plans

11. July 2011 (project identification) is the cut-off date established to determine

whether land for future project-funded infrastructure or facilities are covered under the

present resettlement policy framework. Counties that have acquired land after July

2011 have produced a due diligence report prior to appraisal to confirm absence of

land acquisition. Information included in these reports will be monitored during project

implementation.

12. When some involuntary land acquisition is taking place under a subproject,

population affected by the sub-project, but the number of affected persons is not more

than 200 in one specific instance, the provincial Project Coordination Offices will

closely cooperate with the county Project Management Offices (PMOs) to prepare an

Abbreviated Resettlement Action Plan for the selected sub-project. This Plan shall be

9

submitted by the provincial Project Coordination Offices to the World Bank;

meanwhile, sufficiently consultation of affected households will take place, so that and

they have the opportunity to participate in the design and implementation of the

Resettlement Action Plan.

13. The Abbreviated Resettlement Action Plan will at least contain the following

contents:

detailed survey on affected households’ situation and asset evaluation;

description of compensations prepared to provide and other resettlement

assistance;

communication with the affected households of the acceptable alternative

solutions;

institutional duties and complaint procedures for the implementation;

monitoring and implementation arrangements;

progress chart and budgets.

14. The Abbreviated Resettlement Action Plan shall be completed at the latest 4

months before the estimated resettlement commencement working day. Each

Abbreviated Resettlement Action Plan shall be submitted to the World Bank for review

and approval at least 3 months in advance before the actual implementation. Only

upon the acceptance of the Resettlement Action Plan by the World Bank shall the

compensation, resettlement and restoration activities be actually started.

Compensation, resettlement and restoration activities shall be completed before the

performance of the building project contract.

15. In case the population affected by the project exceeds 200, the provincial Project

Coordination Offices will closely cooperate with the county PMO to prepare a full

Resettlement Action Plan.

16. The preparation and implementation of a Resettlement Action Plan (including

paying various expenses related to the resettlement) shall be assumed by the

Borrower. The provincial PCOs shall be fully responsible for this Project.

17. Such a Plan shall be submitted by the provincial PCOs to the World Bank;

meanwhile, affected households will be consulted, and will be given the opportunity to

participate in the design and implementation of the Resettlement Action Plan.

18. In accordance with OP 4.12, the Resettlement Action Plan will contain the

following contents (if relevant), and the contents irrelevant to the project shall be

indicated in the Resettlement Action Plan:

overall description of the project;

identification of the potential influence of the project;

objectives (main objectives of the relocation plan);

10

social and economic research. Research shows that potential affected

households shall be contained, including survey results and other descriptions at

the early stage of the project preparation;

legal framework. The analysis on legal framework shows that, it includes the

power spectrum of the acquisition authority of relevant organizations that are

responsible for resettlement activities, and relevant compensation nature,

applicable laws and administrative proceedings, relevant laws and social welfare

legislation, laws and regulations, and necessary legal procedures;

institutional framework. Including the identification of the organizations that are

responsible for resettlement activities, and NGOs that may play a role; assessing

their institutional capacity and suggesting any step to enhance the institutional

capacity;

qualifications. Determining the standards of affected households, and deciding

whether he/she is qualified to be the affected household to obtain compensation

and other assistances for relocation;

evaluation and compensation for losses;

describing cash compensation and other resettlement measures;

resettlement place choosing, place preparation and rearrangement;

providing houses, infrastructures and social services;

environmental protection and management;

must contain public participation and negotiation, affected household and

relevant communities;

integration with local population. Measures for mitigating the influence of

resettlement on any local community;

complaint procedure. Available procedures for a third party settling any dispute

arising from the resettlement;

organizations and duties;

implementation progress chart;

costs and budgets;

monitoring and assessment.

19. The Resettlement Action Plan shall be completed at latest 6 months before the

estimated resettlement commencement working day. Each Resettlement Action Plan

shall be submitted to the World Bank for review and approval at least 3 months in

advance before the actual implementation. Only upon the acceptance of the

Resettlement Action Plan by the World Bank shall the compensation, resettlement

and restoration activities be actually started. Compensation, resettlement and

restoration activities shall be completed before the performance of the building project

contract.

11

B3. Institutional and Legal Framework

20. The legal framework for guiding the implementation of a Resettlement Action

Plan is the World Bank’s Involuntary Resettlement OP 4.12; and relevant laws,

regulations and decrees of the People’s Republic of China (including national,

provincial and municipal and county ones related to the project).

21. In respect of land acquisition, house demolition, resettlement and compensation,

China has formulated an integrated legal framework and policy systems. Since its

issuance and implementation in 1986, the Land Administration Law of the People’s

Republic of China has been amended three times, and the latest amendment to it was

at the 11th Session of the Standing Committee of the Tenth National People's

Congress on August 28, 2004. Within national laws and policy frameworks, Guizhou

Province, Sichuan Province and Gansu Province have formulated relevant local laws

and policies according to the requirements of national laws and policies to manage

and guide relevant local works. Local governments at various levels have in turn

issued and implemented relevant laws and policies conforming to local conditions to

manage and guide local land acquisition, house demolition, resettlement and

compensation and other works. Each prefecture-level city, county-level city, district or

county shall execute relevant provisions of their provincial government within the

scope of the provincial jurisdiction.

22. In addition to OP 4.12, the major laws, regulations and decrees of the People’s

Republic of China that form the basis of this Framework and guarantee its legal force

include: (1) laws and policies and compensation principles related to land acquisition

(Appendix I, Appendix II); (2) social insurance laws and policies (Appendix III) and

(3) laws and policies related to house demolition, which cover:

1. Regulation on the Acquisition of Buildings on State-owned Land and

Compensation (Order No. 590 of the State Council);

2. Measures for Assessment on the Acquisition of Buildings on State-owned Land

(No.77 [2011] of the Ministry of Housing and Urban-Rural Development).

23. The latest local policies will be used in the project during the actual

implementation process. The land acquisition compensation standards involved in this

Project shall be subject to the stipulation that “each region shall establish dynamic

adjustment mechanism for land acquisition compensation standards, and adjust the

land acquisition compensation standards every 2 to 3 years according to the

economic development level and local per capita income amplification” as defined in

in the Notice of the Ministry of Land and Resources on Furthering Strengthening

Management on Land Acquisition (June 26, 2010) .

24. Each Resettlement Action Plan will be compiled to guarantee that the affected

households have sufficient opportunities to restore their lost properties, and improve

or at least recover their original income level and living standards. In order to realize

these objectives, it shall guarantee that all affected households are identified, and that

12

they have confirmed that mitigation actions listed in the Resettlement Action Plan are

reasonable. In consideration of the diversity of potentially affected assets (such as,

land acquisition and occupation, residential house demolition (in rural and urban

areas), and non-residential house demolition (including enterprises and public

institutions, shops.), the following general measures would be adopted:

25. Affected households losing farmland will be entitled to obtain the following types

of compensation and restoration measures:

Collectively owned cultivated lands or unallocated village lands remaining

available after land acquisition will be redistributed among all collective members

through the village committees. Under such circumstances, if houses or buildings

are unsafe or loss their functions due to land acquisition, such land shall be

entirely acquired. All affected households shall be qualified to participate in land

redistribution, and benefit from collective land compensation.

Affected households losing cultivated land must be identified in those places

where it is impossible to carry out land redistribution according to Land

Administration Law and other relevant laws. In some cases, they may be provided

with paid job opportunities, and the salary shall at least be equal to their lost

incomes. If not, the affected households will at least obtain resettlement subsidies

equal to four to six times of the average output value1 generated from their lost

lands for the first three years. If the affected households still cannot entirely

recover original living standards through the above-mentioned measures,

resettlement subsidies may be increased to 15 times of the average output value

for the first three years;

If land compensation and resettlement subsidies still cannot recover original living

standards of the affected persons, relevant municipal and county people’s

governments may grant subsidies with paid use of State owned lands;

Land compensation and resettlement subsidies are paid to the village committees

or affected households in the land-affected villages for: (1) increasing the areas of

cultivated land where feasible; (2) enhancing agriculture by providing irrigation

and improving agricultural works; (3) developing non-agricultural incomes based

on existing activities. In addition to fixed assets, the costs of damaged young

crops, fruits and economic forests of affected persons will be compensated at full

replacement cost.

The impaired incomes, young crops and land restoration fees and damaged

infrastructures of those affected by temporary land occupation by the project will

be compensated.

If the affected households who lost their farmland meet with local conditions for

social security for land-losing farmers, they shall be timely incorporated into the

social security system for land-losing farmers in time.

1 Or unified annual output value.

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The affected households shall be provided with timely and reasonable skills

training to improve their agricultural and non-agricultural skills, and enhance their

ability to obtain incomes.

26. In the event of household demolition, affected households will be compensated

as follows for their houses and attachments, with following restoration measures:

providing replacement houses with equal value;

compensated at full replacement cost;

giving rebuilding or restoration compensation for all facilities and services (such

as, roads, water supply, electricity, phone, cable TV, schools, etc.);

subsidies in the transitional period to guarantee that all properties are removed or

temporary houses are obtained.

27. The Resettlement Action Plan compiled shall include an entitlement matrix, a

sample of which is provided in Appendix IV.

B4. Implementation Process

28. County PMOs, township project implementation units and project village

committees shall hold sufficient negotiation with villagers and villager congresses to

determine whether internal village exchanges are feasible for project-funded rural

infrastructure or other facilities. If this is the case, villagers will enter into land donation

or land transfer agreements with village committees or other villagers, which shall be

submitted to townships land resource offices or townships land transfer centers for

registration and filing by project village committees. If the project involves permanent

occupation of State owned lands, it is necessary for land resources authorities to

issue a construction land approval letter for review by the World Bank.

29. In case permanent acquisition of collective lands is unavoidable, it shall be strictly

subject to relevant procedures of land acquisition. In parallel with the project’s

Resettlement Action Plan, the domestic procedures of land acquisition will be followed:

(1) the construction projects shall be approved by the provincial/municipal

governments according to law; (2) the construction units will apply to land resources

authorities of municipal and county governments for construction lands; (3) land

administration departments of municipal and county governments shall prepare the

land acquisition plans upon review; (4) they will report to provincial/municipal

governments upon the consent of municipal and county governments; (5) land

acquisition and other plans shall be approved by provincial/municipal governments

according to law. During the preparation of land acquisition plans, timely and sufficient

compensation will be provided to the affected households fully according to the

specific policies and standards of the World Bank, local governments and this

Resettlement Policy Framework.

30. When a full Resettlement Action Plan is needed, it shall include specific

implementation progress charts for necessary activities. Payment of compensation,

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recovery measures for other rights (cash or in-kind) and resettlement shall be

completed at least one month before land acquisition. If it is impossible to pay all

compensations or to provide other necessary assistances before land acquisition,

extra transitional subsidies will be provided.

B6. Budget Arrangements

31. Each county Project Management Office shall assume all expenses related to

land acquisition and resettlement. Any Resettlement Action Plan under this

Resettlement Policy Framework must include estimated costs and budgets.

Regardless of whether being identified as affected households at the resettlement

planning stage or not, and regardless of whether sufficient poverty alleviation funds

are in place or not, all person adversely affected by land acquisition or house

demolition due to a project-funded activity shall be entitled to obtain compensation

and other mitigation measures as defined in the entitlement matrix (Appendix IV).

The budget of the Resettlement Action Plan shall include unexpected expenses of at

least 10% of the total budget of the expected resettlement, so as to satisfy

unexpected resettlement expenses.

32. The compensation standards determined in the Resettlement Action Plan have

provided basis for calculating compensation at full replacement cost. The resettlement

compensation fees shall be fully paid to the individuals or collectives who have lost

land or other properties, and shall not be subject to deductions for whatever reasons.

The Resettlement Action Plan shall describe how the compensations flow to affected

villages or villagers from each sub-project owner. The disbursement channel must be

direct as far as possible, without intermediate links.

B6. Public Participation and Information Publication

33. The Resettlement Action Plan must describe the measures adopted or to be

adopted, make the affected persons participate in the proposed resettlement

arrangements, and cultivate their awareness of participation in improvement or

recovery activities of livelihoods. In order to guarantee sufficient consideration of the

opinions and suggestions of the affected persons, public participation shall precede

the implementation of project design and of compensation and mitigation measures.

Public participation must be organized throughout the whole implementation of the

Resettlement Action Plan and is subject to external monitoring.

34. At the first draft and final draft stages of the Resettlement Action Plan, each

county PMO shall make the Resettlement Action Plan public for the affected persons

and for the general public, using local languages when needed in ethnic minority

areas. The first draft of the Resettlement Action Plan shall be published at least one

month before its assessment by the World Bank. The final draft of the Resettlement

Action Plan must be published again upon acceptance by the World Bank.

15

35. While public participation in this Project and the Resettlement Action Plan are

published, this Policy Framework has solicited the opinions of the affected person,

and has been published at the affected counties and cities and communities.

C. 4. Land Transfers and Use of Land as Shares

36. The development of several agricultural pillar industries in the project area may

necessitate to creation or expansion of production bases. This is likely to take place

through land transfers or pooling of members’ land use rights into cooperatives as

shares. This generates a risk of social impact: land transfer and pooling of land into

cooperatives as shares might not be fully voluntary, and the rural poor households

might not be able to benefit fairly from these arrangements. In cooperatives, since the

project provides an investment fund to cooperatives in a grant form, there should be

no requirement that households are requested to pool their land into the cooperative’s

capital stock (“land shares”) as a condition to become a cooperative member.

37. In order to minimize risks related to such land management as far as possible

during the implementation process of the project, the following points shall be abided

by:

Guaranteeing that cooperatives (and companies) supported by the project abide

by the principles of voluntary participation by farmer households, and provision to

households of fair and equitable land arrangements;

Guaranteeing that farmer households have the right to choose to participate in

the production bases or not, at their own discretion, and that they are not

impacted by nearby production bases;

Adopting transparent written contracts with a clear time limit, and promoting

short-term land lease ways rather than choosing long-term land lease; thus rural

poor households will be able to freely choose to exit from cooperatives after the

term of a contract, especially under circumstances when household members

return to the villages and wish to use the land for their own production;

Guaranteeing that equity arrangements in cooperatives that would request farmer

households to provide land as shares or transfer lands to cooperatives as a

condition to become a cooperative member shall not be supported by the project.

38. Two measures are taken in order to implement this approach. First, the

management of land in cooperatives is defined as a topic requiring attention in all

cooperative related activities. Training courses on cooperative management will

include a section on land management. During the formalization of cooperatives, a

specific step in the participatory approach will take place to ensure that land

management options are discussed among members of the cooperative and that a

fair and transparent option is defined. Households will therefore retain the possibility

not to join. The by-laws of the cooperative will describe the option that has been

selected with sufficient detail.

16

39. Second, any voluntary land transfer or use of land as share in a project-supported

cooperative will be made through the national legal framework. Farmers agreeing to

transfer and pool land will sign individual contracts and will keep a copy of this

contract. This contract will describe the basis on which the annual land transfer fee or

the cooperative dividend is calculated, and specify the duration of the contract, and

the possibility to opt out of the land transfer or pooling of land as share at the end of

the contract. If the cooperative already has established a production base without

documented land transfers or without clear dividends for land shares, it will either to

go through this formalization or that production base will remain out of the scope of

the project.

40. Should an enterprise, not a cooperative, use project funds to set up a facility or

production base, such as a demonstration farm, the same principles and measures

apply regarding land transfer from households or use of their land as shares.

D. Complaint Mechanism

41. As the above activities will be carried out with the participation of affected persons,

no substantial conflitcs are expected. However, in order to guarantee that affected

persons have a channel to lodge a complaint against any aspect related to land

acquisition, resettlement, land transfers or use of land as shares, the following

complaint procedures are established:

Stage I: Affected persons may put forward their dissatisfaction to village

committees or to the township resettlement office or relevant township

government office that has been designated for the project, through oral

complaint or written complaint. Village committees or township government

offices must keep a written record of oral complaints and give a clear reply within

two weeks. If it is necessary to report to the government at higher level in case of

severe problems, the village committee or the township government office must

obtain the reply from the government offices at higher level within two weeks as

far as possible.

Stage II: If the complainant is dissatisfied with the reply at Stage I, the

complainant may make an appeal to the relevant government office at higher

level within one month after receiving the reply at Stage I. County or district

government offices must make decisions within two weeks.

Stage III: If the affected persons are dissatisfied with the reply of county or district

resettlement offices, they may make an appeal to the relevant provincial

government office within one month after receiving the reply at Stage II. The

provincial office must issue a decision within four weeks.

Stage IV: If the affected persons are dissatisfied with the reply at Stage III, they

may make an appeal to the civil courts within 15 days after receiving the reply of

the provincial resettlement offices.

17

E. Monitoring and Evaluation

42. Each county PMO shall supervise and monitor the implementation of this

Resettlement Policy Framework. The supervision and monitoring results shall be

recorded in the quarterly reports, so as to report to the World Bank.

43. Internal monitoring and supervision of resettlement actions plans:

Checking the performance, including verification on the baseline information of all

affected households, evaluation and compensation articles for asset damages or

losses, implementation of resettlement and restoration rights according to the

articles of the Policy Framework and each Resettlement Action Plan;

Monitoring if the Resettlement Action Plan is implemented according to the

designed and approved plans;

Verifying if compensation has been timely and fully paid, and if the use of these

capitals is consistent with the articles in the Resettlement Action Plan;

Recording all complaints and resolutions thereof, and guaranteeing the

complaints are resolved in time.

44. Internal monitoring of land transfers and use of land as shares:

Monitoring that households have received prior information;

Monitoring that households have kept individual land transfer contracts showing

contract terms;

Verifying that cooperative arrangements in relation to land are transparent;

Recording all complaints and resolutions thereof, and guaranteeing the

complaints are resolved in time.

45. External independent monitoring: at least twice during the project, the national

project coordination center will engage independent organizations to periodically

perform external monitoring and evaluation on the implementation of the

Resettlement Policy Framework through open tendering. Independent organizations

or individuals may be academic or institutional units, NGOs or independent consulting

companies, provided that they have qualified and experienced staff, and their terms of

reference are acceptable by the World Bank and cover a reasonable sample size.

46. In the event a full Resettlement Action Plan is needed, a specific external M&E

survey will be undertaken, and its main objectives will be as follows:

Assessing if the procedures for affected household participation and

compensation granting and restoration right are implemented, and if is consistent

with the Policy Framework and Resettlement Action Plan.

Assessing if the objective of the Policy Framework of “improving or at least

maintaining current living standards and income level of the affected households”

has been achieved.

Collecting the qualitative information on project impact on livelihoods.

18

47. Problems identified during the monitoring and assessment process shall be timely

reported to the World Bank. Each county PMO shall identify the source of the

problems, develop solutions, and adopt timely and effective responses to solve these

problems through negotiation with the World Bank and the provincial PMO.

48. Suggestions for improvement of measures including in this Resettlement Policy

Framework will be incorporated as lessons arise from project implementation, in order

to achieve its objective and principles.

19

Appendix I Laws and Policies Related on Land Acquisition

Level No

. Location Policy Document Effective Date

National /

Property Law of the People’s Republic of China October 1, 2007

Land Administration Law of the People’s Republic of China August 28, 2004

Regulations on the Implementation of the Land Administration Law of the Peoples Republic of China

(Order No. 256 of the State Council) December 27, 1998

Decision of the State Council on Deepening the Reform and Enforcing Land Administration (No. 28 [2004] of the State Council)

October 21, 2004

Guidelines on Improving Compensation and Resettlement Systems for Land Acquisition (No. 238 [2004] of the Ministry of Land and Resources)

November 3, 2004

Decision of the State Council on Deepening the Reform and Enforcing Land Administration (No. 28 [2004] of the State Council)

October 21, 2004

Guidelines on Improving Compensation and Resettlement Systems for Land Acquisition (No. 238 [2004] of the Ministry of Land and Resources)

November 3, 2004

Circular of the State Council on Intensifying Land Control (No. 31 [2006] of the State Council) August 31, 2006

Notice of the Ministry of Land and Resources on Developing the Standards of Unified Annual Output

Value for Acquired Land and Comprehensive Land Price in the Area (No. 114 [2005] of the Ministry of Land and Resources)

July 23, 2005

Methods for Announcement of Land Acquisition (Decree No. 10 of the Ministry of Land and

Resources) January 1, 2002

Notice of the Ministry of Land and Resources and the Ministry of Agriculture on Issues Related to

Improved Facilities and Farmland Management (No. 155 [2010] of the Ministry of Land and Resources)

September 30,

2010

20

Level No


Provincial

1 Guizhou

Province

Reply of the People’s Government of Guizhou Province to the Standards of Unified Annual Output

Value and Comprehensive Land Price in Land Acquisition Areas in Guizhou Province (Letter No. 255

[2009] of the People’s Government of Guizhou Province)

December 21, 2009

Letter of the Department of Land and Resources of Guizhou Province on Forwarding the Reply of the

People’s Government of Guizhou Province to the Standards of Unified Annual Output Value and

Comprehensive Land Price in Land Acquisition Areas in Guizhou Province (Letter No. 624 [2009] of

the Department of Land and Resources of Guizhou Province)

December 29, 2009

2 Sichuan

Province

Notice of the Office of the People’s Government of Sichuan Province on Forwarding the Opinions of

Land and Resources Department of Sichuan Province on Issues Related to Adjust the Standards of

Acquired Land Remuneration and Resettlement (Letter No. 73 [2008] of the Office of the People’s

Government of Sichuan Province)

April 13, 2008

Notice of Land and Resources Department of Sichuan Province on Implementing the Standards of

Unified Annual Output Value for Acquired Land (No. 54 [2009] of Land and Resources Department of

Sichuan Province)

January 1, 2010

Reply of the People’s Government of Sichuan Province to Approve the Compensation Standards of

Young Crops and Attachments on Acquired Land in Liangshan Prefecture (Letter No. 96 [2012] of

the People’s Government of Sichuan Province)

May 29, 2012

Reply of the People’s Government of Sichuan Province to Approve the Compensation Standards of

Young Crops and Attachments on Acquired Land in Luzhou City (Letter No. 53 [2012] of the People’s

Government of Sichuan Province)

July 16, 2012

3 Gansu

Province

Notice of the People’s Government of Gansu Province on Printing and Issuing the Standards of

Comprehensive Land Price in Land Acquisition Areas and Unified Annual Output Value for Acquired

Land in Gansu Province (No. 151 [2012] the People’s Government of Gansu Province)

January 1, 2013

City

(Autono-

mous

1 Bijie City

Reply of the Administrative Office of Bijie City to Adjust the Implementation Scope of Comprehensive

Land Price and Land Acquisition Standards in Dafang County (Reply No. 58 [2011] of the

Administrative Office of Bijie City)

July 6, 2011

21

Level No


Pref-

ecture)

Announcement of the Administrative Office of Bijie City on the Standards of Unified Annual Output

Value for Acquired Land and Comprehensive Land Price in Land Acquisition Areas and in Bijie City

(Implemented as from January 1, 2010)

January 1, 2010

2 Zunyi City

Reply of the People’s Government of Zunyi City to the Standards of Unified Annual Output Value and

Comprehensive Land Price in Land Acquisition Areas (Letter No. 245 [2009] of the People’s

Government of Zunyi City)

December 30, 2009

3 Luzhou City

Notice of the Office of the People’s Government of Luzhou City on Issues Related to the

Administration of Land Temporarily Used for the Construction of Linear Projects (Letter No. 27 [2009]

Office of the People’s Government of Luzhou City)

February 6, 2009

Notice of the Office of the People’s Government of Luzhou City on Notice of Measures for Acquired

Land Compensation and Resettlement for Linear Projects (Trial Implementation) (Letter No. 17

[2011] Office of the People’s Government of Luzhou City)

August 8, 2011

Notice of the People’s Government of Luzhou City on Printing and Issuing the Compensation

Standards of Young Crops and Attachments on Acquired Land (Letter No. 26 [2012] of the People’s

Government of Luzhou City)

September 1, 2012

Announcement of the People’s Government of Luzhou City on the Standards of Unified Annual

Output Value for Acquired Land (No.1 [2010] the People’s Government of Luzhou City) February 22, 2010

Notice of the Office of the People’s Government of Luzhou City on Printing and Issuing the Measures

for Acquired Land Compensation and Resettlement for Linear Projects in Luzhou City (Trial

Implementation) (Letter No. 34 [2013] Office of the People’s Government of Luzhou City)

September 7, 2013

4

Liangshan Yi

Autonomous

Prefecture

Notice of Land and Resources Department of Liangshan Prefecture on Forwarding the Notice of

Land and Resources Department of Sichuan Province on Implementing the Standards of Unified

Annual Output Value for Acquired Land (No. 61 [2009] of Land and Resources Department of

Liangshan Prefecture)

December 11, 2009

22

Level No


Notice of the People’s Government of Liangshan Prefecture on Forwarding the Reply to Approve the

Compensation Standards of Young Crops and Attachments on Acquired Land in Liangshan

Prefecture (Letter No. 153 [2012] of the People’s Government of Liangshan Prefecture)

October 15, 2012

5

Linxia Hui

Autonomous

Prefecture




January 1, 2013

6 Wuwei City




January 1, 2013

7 Tianshui City

Notice of the Office of the People’s Government of Tianshui City on Forwarding the Standards of


Land in Gansu Province (No. 22 [2013] Office of the People’s Government of Tianshui City)

February 25, 2013

8 Dingxi City

Notice of the Office of the Land and Resources Department of Dingxi City on Forwarding the Notice

of Land and Resources Department of Gansu Province on the Standards of Comprehensive Land

Price in Land Acquisition Areas and Unified Annual Output Value for Acquired Land in Gansu

Province (No. 25 [2013], Land and Resources Department of Dingxi City)

March 1, 2013

9 Qingyang

City

Notice of the Land and Resources Department of Qingyang City on Forwarding the Standards of


Land in Gansu Province (No. 11 [2013], Land and Resources Department of Qingyang City)

March 5, 2013

Notice of the Land and Resources Department of Qingyang City on Regulating the Compensation

Standards of Attachments on the Acquired Collective Lands in Urban Planning Areas of Qingyang

City (No. 320 [2010], Land and Resources Department of Qingyang City)

December 11, 2010

10 Pingliang City

Notice of the People’s Government of Pingliang City on Approving the Assessment and Guiding

Standards of Compensation for Demolished Urban Houses and Ancillary Facilities in Pingliang City

March 21, 2007

23

Level No


County

(District)

1 Dafang

County

Notice of the People’s Government of Dafang County on Adjusting the Implementation Scope of

Comprehensive Land Price and Unified Land Acquisition Standards in the Planning Areas of Dafang

County (No. 56 [2011] the People’s Government of Dafang County)

April 28, 2011

Reply of the Administrative Office of Bijie City to Adjust the Implementation Scope of Comprehensive

Land Price and Land Acquisition Standards in Dafang County (Reply No. 58 [2011] of the

Administrative Office of Bijie City)

July 5, 2011

2 Zhijin County Announcement of the Administrative Office of Bijie City on the Standards of Unified Annual Output

Value for Acquired Land and Comprehensive Land Price in Land Acquisition Areas and in Bijie City January 1, 2010

3 Tongzi

County

Reply of the People’s Government of Zunyi City to the Standards of Unified Annual Output Value and

Comprehensive Land Price in Land Acquisition Areas (Letter No. 245 [2009] of the People’s

Government of Zunyi City)

January 1, 2010

4 Xishui County Notice of the People’s Government of Xishui County on Publishing the Standards of Unified Annual

Output Value for Acquired Land (No. 46 [2010] the People’s Government of Xishui County) January 1, 2010

5 Chishui City

Notice of the People’s Government of Chishui City on Printing and Issuing the Interim Measures for

Compensation and Resettlement for Collective Land Acquisition in Urban Planning Areas of Chishui

City (No. 69 [2011] the People’s Government of Chishui City)

January 1, 2012

6 Gulin County Announcement of the People’s Government of Luzhou City on the Standards of Unified Annual


7 Xuyong

County

Announcement of the People’s Government of Luzhou City on the Standards of Unified Annual


8 Jinyang

County

Notice on Forwarding the Notice of Land and Resources Department of Sichuan Province on

Implementing the Standards of Unified Annual Output Value for Acquired Land (No. 61 [2009], Land

and Resources Department, Liangshan Prefecture)

December 11, 2009

24

Level No


9 Zhaojue

County


Implementing the Standards of Unified Annual Output Value for Acquired Land (No. 61 [2009], Land

and Resources Department, Liangshan Prefecture)

December 11, 2009

(Zhaojue) Technical Proposal of Sichuan Province for Revising Compensation Standards of Young

Crops and Attachments on the Land August 17, 2011

10 Meigu County

Report on Adjusting Compensation Level for Cultivated Lands in Meigu County (No. 49 [2013] of

Land and Resources Department of Meigu County) October 18, 2013

Description of Land and Resources Department of Meigu County on the Implementation of

Resettlement and Compensation for Acquired Collective Lands (November 6, 2013) November 6, 2013

11 Butuo County


Implementing the Standards of Unified Annual Output Value for Acquired Land (No. 61 [2009] of

Land and Resources Department of Liangshan Prefecture)

December 11, 2009

12

Yongjing

County




January 1, 2013

13

Dongxiang

Nationality

Autonomous

County




January 1, 2013

14 Gulang

County




January 1, 2013

15

Zhangjia-

chuan Hui

Autonomous

County




January 1, 2013

25

Level No


16 Tongwei

County

Reply of the People’s Government of Tongwei County on Adjusting Compensation Standards of

Acquired Land (Reply No. 4 [2013] of the People’s Government of Tongwei County) January 1, 2013

17 Longxi

County

Notice on Forwarding the Notice of Land and Resources Department of Gansu Province on the

Standards of Comprehensive Land Price in Land Acquisition Areas and Unified Annual Output Value

for Acquired Land in Gansu Province (No. 25 [2013] of the Land and Resources Department of

Dingxi City)

March 1, 2013

18 Minxian

County



for Acquired Land in Gansu Province

March 1, 2013

19 Weiyuan

County

Announcement of the People’s Government of Weiyuan County on Publishing Compensation

Standards of Acquired Land and Nursery-grown Plants and Crops in the Acquired Cultivated Lands

for Project Construction in Weiyuan County (Announcement No. 10 [2013] of the People’s Government of Weiyuan County)

March 23, 2013

20 Lintao County

Announcement of the People’s Government of Lintao County on Adjusting Compensation Standards

of Crops and Trees in the Interim Measures of Lintao County for Land Acquisition Compensation and

Resettlement (No. 43 [2005] the People’s Government of Lintao County)

January 1, 2006

Interim Measures of Lintao County for Land Acquisition Compensation and Resettlement (Order No.

4 [2003] of the People’s Government of Lintao County) March 1, 2003

21 Anding

District



for Acquired Land in Gansu Province (No. 25 [2013] the Land and Resources Department of Dingxi

City)

March 1, 2013

22 Huachi

County

Notice of the People’s Government of Huachi County on Adjusting the Standards of Compensation

and Resettlement Fees for Acquisition of National Construction Lands (No. 1 [2009] the People’s

Government of Huachi County)

March 1, 2009

26

Level No


23 Huan County

Notice of the Office of the People’s Government of Huan County on Printing and Issuing the

Compensation Standards of Attachments on the Acquired Collective Lands in Huanxian County (No. 102 [2009] Office of the People’s Government of Huan County)

October 1, 2009

24 Heshui

County

Guidelines of the People’s Government of Heshui County on Regulating Collective Land Acquisition

and Compensation (No. 30 [2012] the People’s Government of Heshui County) May 1, 2012

25 Zhengning

County

Table for the Compensation Standards of Attachments on the Acquired Collective Lands in

Zhengning County December 23, 2012

26 Zhuanglang

County



Land in Gansu Province (No. 151 [2012] the People’s Government of Gansu Province) January 1, 2013

27 Jingning

County

Notice of the People’s Government of Jingning County on Adjusting the Compensation Standards of

the Acquired Urban and Townships Lands (No. 63 [2011] January 1, 2012

27

Appendix II Compensation Principles for the Project Areas

1. Compensation Principles for Land Acquisition

1.1 Compensation Principles for Permanent Land Acquisition

49. The compensation principles for permanent land acquisition in this Project will be

implemented according to:

50. In Guizhou: the requirements of the Reply of the People’s Government of Guizhou

Province to the Standards of Unified Annual Output Value and Comprehensive Land Price

in Land Acquisition Areas in Guizhou Province (Letter No. 255 [2009] of the People’s

Government of Guizhou Province);

51. In Sichuan: Notice of Land and Resources Department of Sichuan Province on

Implementing the Standards of Unified Annual Output Value for Acquired Land (No. 54

[2009] of Land and Resources Department of Sichuan Province)

52. In Gansu: Notice of the People’s Government of Gansu Province on Printing and

Issuing the Standards of Comprehensive Land Price in Land Acquisition Areas and Unified

Annual Output Value for Acquired Land in Gansu Province (No. 151 [2012] the People’s

Government of Gansu Province)

53. Land compensation will be calculated according to the product of Standards of Unified

Annual Output Value for Acquired Land/ Comprehensive Land Price in Land Acquisition

Areas and the acquired land area. The project implementation shall be subject to then valid

compensation principles and provisions of the provinces, cities/counties at the place where

the project locates, and any unit and individual shall not arbitrarily raise or lower the land

compensation standards.

1.2 Compensation Principles for Temporary Land Acquisition

54. The construction of this Project may involve in temporarily expropriating collective

lands, the specific location and area of which may not be determined at present. In

accordance with the negotiation with project owner, relevant units and village committees

of affected villages, if collective lands are unavoidably acquired temporarily during the

project construction period, project owner will fully negotiate with affected village

committees and affected households to determine the compensation principles, and young

crops will be compensated by reference to local policies of the project county; and if young

crops are not affected, it shall be settled through negotiation as the case may be, and the

lawful rights and interests of village committees of affected villages and affected

households shall be reasonably compensated.

1.3 Compensation Principles for Attachments

55. The compensation for attachments and public utilities on the land affected by the

project shall be subject to corresponding compensation principles for attachments by each

project county.

2 Compensation Principles for House Demolition

2.1 Rural Residential House Demolition

28

56. Compensation principles for demolished rural residential houses related to this

Project shall be assessed by a third-party assessment agency with assessment

qualification according to market price, and the demolition compensation price will be

finally determined by relocated households through negotiation based on the assessment

and in the form of agreement.

2.2 Rural Non-residential House Demolition

57. Specific compensation principles for demolished rural non-residential houses related

to this Project shall be subject to the methods of “one project, one discussion” with the

property owner by project owner coordinated by local government, and then the

demolished rural non-residential houses will be compensated according to market

assessment by a third-party assessment agency with assessment qualification. The

compensations will be fully and timely granted to the property owner.

58. (1) Compensation for the buildings (structures) of the relocated households:

permanent buildings (structures) will be assessed by the assessment agency

according to the replacement cost method which shall evaluate the assessment value,

so as to determine the compensations.

59. (2) Machinery equipments and the associated equipments of relocated households

will be assessed by the assessment agency according to the replacement cost

method which shall evaluate the assessment value of the machinery equipments.

Compensations for irremovable machinery equipments and the associated

equipments will be determined according to the assessment value, and the removal

compensations for removable machinery equipments and the associated equipments

will be determined according to the assessment.

60. (3) Compensations and removal compensations for young crops on the lands will be

determined according to the assessment.

61. (4) If the relocated households stop production or close down due to demolition, the

remover shall compensate the personnel closed down according to the staff number

(including temporary workers) registered in the city/county labor and social protection

organization and local conditions, generally according to the product of local minimum

wage standards and close-down months; relocated households stopped production or

closed down will be compensated according to the times of monthly average after-tax

profit in the year with the maximum profit filed with the tax department in the first three

years before the demolition; the removal subsidies for the plant and office occupancy

will be compensated based on local conditions.

29

Appendix III Laws and Policies on Social Security

Level No. Location Policy Documents Effective Date

National / /

Notice of the General Office of the State Council on Forwarding the Guidelines from the Ministry of

Labor and Social Security on Effectively Performing the Career Training and Social Security Work

Farmers Whose Lands are Acquired (No. 29 [2006] the General Office of the State Council)

April 10, 2006

Provincial

1 Guizhou

Province

Opinions of the People’s Government of Guizhou Province on Further Effectively Performing the

Career Training and Social Security Work for Farmers Whose Lands are Acquired (No. 26 [2011]

the People’s Government of Guizhou Province)

September 9,

2011

Guidelines on Social Security Business for Farmers Whose Lands are Acquired in Guizhou

Province (No. 41[2011] Human Resources and Social Security Department of Guizhou Province) October 9, 2011

2 Sichuan

Province

Notice of Labor and Social Security Department of Sichuan Province on Carrying out the

Inspection Work for the Implementation of Social Security Policies for Farmers Whose Lands are

Acquired (Letter No. 239 [2009] of Human Resources and Social Security Department of Sichuan

Province)

December 15,

2009

Notice of the Office of the People’s Government of Sichuan Province on Further Effectively

Performing the Social Security Work for Farmers Whose Lands are Acquired (No. 15 [2008] Office

of the People’s Government of Sichuan Province)

April 13, 2008

Notice of the Office of the People’s Government of Sichuan Province on the Participation of

Urbanized Personnel Whose Lands are Acquired in Basic Endowment Insurance (Letter No. 302

[2009] of the Office of the People’s Government of Sichuan Province)

December 22,

2009

3 Gansu

Province

Measures for Endowment Insurance for the Farmers Whose Lands are Acquired in Gansu

Province (No. 41 [2011] the People’s Government of Gansu Province)

November 17,

2011

City

(Autonomous

Prefecture)

1 Bijie City

Implementation Opinions of the People’s Government of Bijie City on Further Effectively

Performing the Career Training and Social Security Work for the Farmers Whose Lands are

Acquired (No. 21 [2012] the People’s Government of Bijie City)

May 2, 2012

2 Zunyi City Notice of the Office of the People’s Government of Bijie City on Printing and Issuing the

Implementation Opinions on Further Effectively Performing the Career Training and Social February 10, 2012

30


Security Work for the Farmers Whose Lands are Acquired in Zunyi City (No. 29 [2012] Office of

the People’s Government of Zunyi City)

3 Luzhou City

Notice of the People’s Government of Luzhou City on Adjusting the Calculation and Payment

Measures for Endowment Insurance Pension for the Farmers Whose Lands are Acquired (No. 47

[2005] Office of the People’s Government of Luzhou City)

July 1, 2005

Notice on Printing and Issuing the Implementation Opinions on Improving the Social Endowment

Insurance and Unemployment Insurance for the Urbanized Personnel Whose Lands are Acquired

(No. 19 [2007] Labor and Social Security Department of Luzhou City)

September 18,

2007

Notice of Labor and Social Security Department of Luzhou City on Issues Related to Social

Endowment Insurance for the Urbanized Personnel Whose Lands are Acquired (No. 5 [2012]

Labor and Social Security Department of Luzhou City)

February 3, 2012

Opinions of the People’s Government of Luzhou City on Developing Long-term Mechanism of Life

and Social Security for the Farmers Whose Lands are Acquired (No. 17 [2006] Office of the

People’s Government of Luzhou City)

February 19, 2006

4

Liangshan Yi

Autonomous

Prefecture


Performing the Social Security Work for the Farmers Whose Lands are Acquired (No. 15 [2008]

Office of the People’s Government of Sichuan Province)

April 11, 2008

Notice on the Participation of Urbanized Personnel Whose Lands are Acquired in Basic

Endowment Insurance (Letter No. 302 [2009] of the Office of the People’s Government of Sichuan

Province)

December 21.

2009

Notice of the Office of Human Resources and Social Security Bureau of Liangshan Prefecture on

Further Effectively Implementing Issues Related to the Social Security Policies for Farmers Whose

Lands are Acquired

July 23, 2012

5

Linxia Hui

Autonomous

Prefecture

Notice on Measures for Resolving Resettlement and Security Problems for Certain Farmers

Whose Lands are Acquired (Notice No. 96 [2011] of Human Resources and Social Security

Department of Linxia Hui Autonomous Prefecture)

October 8, 2011

Implementation Measures for Endowment Insurance for Farmers Whose Lands are Acquired in November 23,

31


Linxia Hui Autonomous Prefecture (No. 127 [2012] the People’s Government of Linxia Hui

Autonomous Prefecture)

2012

6 Wuwei City

Implementation Opinions of Wuwei City on Carrying out the Measures for Endowment Insurance

for the Farmers Whose Lands are Acquired in Gansu Province (No. 16 [2011] the People’s

Government of Wuwei City)

February 3, 2011

7 Tianshui City

Notice of the People’s Government of Tianshui City on Printing and Issuing the Implementation

Measures for Endowment Insurance for the Farmers Whose Lands are Acquired in Tianshui City

(No. 75 [2012] the People’s Government of Tianshui City)

June 18, 2012

8 Dingxi City

Notice on Carrying out the Implementation Measures for Endowment Insurance for the Farmers

Whose Lands are Acquired in Gansu Province (No. 8 [2012] Human Resources and Social

Security Department of Dingxi City)

January 13, 2012

9 Qingyang City

Administrative Measures for Endowment Insurance for the Farmers Whose Lands are Acquired in

Qingyang City (No. 10 [2010] the People’s Government of Qingyang City) May 17, 2012

Opinions of the People’s Government of Qingyang City on Carrying out the Measures for

Endowment Insurance for the Farmers Whose Lands are Acquired in Gansu Province (No. 91

[2012] the People’s Government of Qingyang City)

August 18, 2012

Notice of Human Resources and Social Security Department of Qingyang City on Forwarding the

Regulations for Handling Endowment Insurance for the Farmers Whose Lands are Acquired in

Gansu Province (No. 116 [2010] the Human Resources and Social Security Department of

Qingyang City)

October 27, 2010

10 Pingliang City

Notice of the People’s Government of Pingliang City on Printing and Issuing the Implementation

Measures for Endowment Insurance for the Farmers Whose Lands are Acquired in Pingliang City

(No. 78 [2012] the People’s Government of Pingliang City)

July 8, 2012

County

(District) 1

Dafang

County

Notice of the People’s Government of Dafang County on Printing and Issuing the Implementation

Measures for Endowment Insurance for the Farmers Whose Lands are Acquired in Dafang County

(No. 118 [2013] the People’s Government of Dafang County)

July 22, 2013

32


2 Zhijin County

Notice of the People’s Government of Zhijin County on Printing and Issuing the Implementation

Measures for Further Effectively Performing the Career Training and Social Security Work for the

Farmers Whose Lands are Acquired in Zhijin County (Trial Implementation) (No. 7 [2013] the

People’s Government of Zhijin County)

March 1, 2013

3 Tongzi County

Notice of the People’s Government of Tongzi County on Printing and Issuing the Implementation

Opinions on Career Training and Social Security Work for the Farmers Whose Lands are Acquired

in Tongzi County (No. 153 [2013] the People’s Government of Tongzi County)

October 25, 2013

4 Xishui County

Notice of the People’s Government of Xishui County on Printing and Issuing the Implementation

Measures for Career Training and Social Security Work for the Farmers Whose Lands are

Acquired in Xishui Count (No. 223 [2012] the People’s Government of Xishui County)

August 28, 2012

Notice of the Office of the People’s Government of Xishui County on Printing and Issuing the

Implementation Measures for Endowment Insurance for the Farmers Whose Lands are Acquired

in Xishui County (No. 112 [2013] the Office of the People’s Government of Xishui County)

April 23, 2013

5 Chishui City

Notice of the Office of the People’s Government of Chishui City on Printing and Issuing the

Implementation Measures for Career Training and Social Security Work for the Farmers Whose

Lands are Acquired in Chishui City (Trial Implementation) (No. 163 [2013] the Office of the

People’s Government of Chishui City)

October 1, 2013

6 Gulin County

Implementation Opinions of the Office of the People’s Government of Gulin County on the

Participation in Basic Endowment Insurance and Employment and Reemployment Work for

Urbanized Personnel Who has not Adopted the Social Security Resettlement Measures when the

Lands are Acquired (No. 163 [2013] the Office of the People’s Government of Gulin County)

April 21, 2007

7 Xuyong

County


Qingyang City (No. 10 [2010] the People’s Government of Qingyang City) May 17, 2012

8 Jinyang

County

Notice of the Office of the People’s Government of Jinyang County on Further Effectively

Implementing Issues Related to the Social Security Policies for the Farmers Whose Lands are

Acquired

September 1,

2008

33


9 Zhaojue

County




April 11, 2008

10 Meigu County




April 11, 2008

11 Butuo County




April 11, 2008

12 Yongjing

County


in Linxia Hui Autonomous Prefecture (No. 127 [2012] the People’s Government of Linxia Hui

Autonomous Prefecture)

November 23,

2012

13

Dongxiang

Nationality

Autonomous

County

Notice of Dongxiang County on Printing and Issuing the Implementation Measures for Pilot Work

of Social Endowment Insurance for Urban and Rural Residents (No. 176 [2011] the People’s

Government of Dongxiang County)

September 22,

2011

14 Gulang

County

Implementation Regulations on Endowment Insurance for the Farmers Whose Lands are Acquired

in Gulang County (Trial Implementation) (No. 79 [2010] the People’s Government of Gulang

County)

October 1, 2010

Implementation Opinions of the People’s Government of Gulang County on Incorporating the

Land-lost Farmers in the Urban Planning Area into the Endowment Insurance Coverage for the

Farmers Whose Lands are Acquired (No. 138 [2011] the People’s Government of Gulang County)

June 30, 2011

15

Zhangjiachuan

Hui-ethnic

Autonomy

County

Notice of the People’s Government of Zhangjiachuan County on Forwarding the Implementation

Measures for Endowment Insurance for the Farmers Whose Lands are Acquired in Tianshui City

(No. 99 [2012] the People’s Government of Zhangjiachuan County)

July 12, 2012

34


16 Tongwei

County




January 13, 2012

17 Longxi County

Notice of the People’s Government of Longxi County on Printing and Issuing the Implementation

Measures for Endowment Insurance for the Farmers Whose Lands are Acquired in Longxi County

(No. 25 [2010] the People’s Government of Longxi County)

October 1, 2010

18 Min County




January 13, 2012

19 Weiyuan

County


in Weiyuan County (Trial Implementation)

September 10,

2013

20 Lintao County Implementation Regulations on Endowment Insurance for the Farmers Whose Lands are Acquired

in Lintao County (Trial Implementation) March 31, 2008

21 Anding District

Notice of the Office of the People’s Government of Dingxi CityAnding District on Printing and

Issuing the Implementation Measures for Endowment Insurance for the Farmers Whose Lands are

Acquired in Dingxi CityAnding District (Trial Implementation) (No. 67 [2012] the Office of the

People’s Government of Dingxi CityAnding District)

April 24, 2012

22 Huachi County

Notice of the Office of the People’s Government of Huachi County on Printing and Issuing the


in Huachi County (No. 51 [2013] the Office of the People’s Government of Huachi County)

April 15, 2013

23 Huan County


in Huan County (No. 8 [2011] the People’s Government of Huan County) May 1, 2011

Opinions of the People’s Government of Huan County on Carrying out the Measures for

Endowment Insurance for the Farmers Whose Lands are Acquired in Gansu Province (No. 163

[2012] the People’s Government of Huan County)

October 30, 2012

24 Heshui County Implementation Regulations on Endowment Insurance for the Farmers Whose Lands are Acquired November 17,

35


in Heshui County 2011

25 Zhengning

County

Notice of the People’s Government of Zhengning County on Printing and Issuing the


Zhengning County (No. 36 [2011] the People’s Government of Zhengning County)

June 1, 2011

26 Zhuanglang

County

Notice of the People’s Government of Pingliang City on Printing and Issuing the Implementation

Measures for Endowment Insurance for the Farmers Whose Lands are Acquired in Pingliang City

(No. 78 [2012] the People’s Government of Pingliang City)

July 8, 2012

27 Jingning

County

Notice of the People’s Government of Jingning County on Printing and Issuing the Implementation

Measures for Endowment Insurance for the Farmers Whose Lands are Acquired in Jingning

County (Trial Implementation) (No. 30 [2010] the People’s Government of Jingning County)

January 1, 2010

36

Appendix IV Entitlement Matrix

Type of Impact Affected

Persons

Compensation or

Resettlement Measure Entitlement

Land Acquisition

Compensation

Village collectives

1) Collective land compensation Collective lands without land contractors shall obtain all land

compensation fees without land reallocation; lands with land

contractors will obtain 20% of public land compensation

fees, with the remaining 80% going to the collective; the use

of compensation fees received by the collective shall be

determined through a villager meeting.

2) Compensation for

attachments owned by village

collectives

Farmers

1) Land compensation and

resettlement subsidies

When affected natural villages do not make internal land

adjustments, farmer households will obtain 80% of land

compensation value, with the remaining 20% used for public

welfare.

When affected natural villages make internal land

adjustments, land compensation and resettlement subsidies

for farmer households will be transferred to impacted natural

villages on the basis of the affected land area, and be

equally distributed to every household in the villages.

2) Temporary land use

Full compensation will be paid based on time of occupation

and the temporarily occupied land will be restored to the

original

3) Compensation for young

crops

Affected individuals will obtain all compensations for young

crops

37


Persons

Compensation or


4) Social security Farmers meeting the standards of landess households will

be entitled to social security

5) Production and livelihood

development Free training, and employment facilitation

Demolition of residential

houses

Rural or

Urban residents

Compensation and relocation

1). Right to select relocation or cash compensation;

2). Those who choose relocation will be provided by the

remover with housing and surrounding facilities (three

supplies and one leveling);

3). Those who choose cash compensation will obtain

demolition compensation at replacement cost, and free

housing land will be offered by local governments for new

house construction.

Resettlement subsidies, moving

subsidies and rewards

Obtaining resettlement subsidies, moving subsidies and

rewards according to local compensation standards, and be

entitled to successful transition.

Compensation standards for

attachments and trees Compensation at applicable rates.

38


Persons

Compensation or


Demolition of

non-residential

properties

Unit owner

Cash compensation/relocation

1). Right to select relocation or cash compensation;

2). Those who choose rebuilding relocation will identify a

new property with the assistance of the remover and

compensation for all losses at replacement cost;

3). Those who chooses cash compensation will obtain the

compensation at replacement cost;

4). Compensation for production suspension or output

reduction will be paid.

Full-time and temporary workers

Affected workers will receive compensation for lost wage

income; unemployed workers will also be entitled to skills

training and job referral services.

Vulnerable groups All affected

vulnerable groups

1) Right to receive equal compensation for house demolition and land acquisition;

2) They will be identified individually during specific planning;

3) Getting help and priority from government livelihood programs;

4) They will have priority in new house construction, and receive asistance in the form of

manpower and material resources;

5) The civil affairs department will incorporate five-guarantee households, the disabled, and

poor and women-headed households in local social security systems, and provide a minimum

39


Persons

Compensation or


monthly living allowance to them.

6) They will receive priority to participate in project activities such as cooperatives;

7) Single parent families, and household affected by disabilities or other lack of labor force will

receive priority to transfer their lands and guarantee their income.

Women All affected women

1) There shall be women members in the village committees; women enjoy equal participation

rights with men in villager meetings and villager congress;

2) Women’s opinions are taken into account in public opinion surveys related to land

acquisition and house demolition;

3) Women are entitled to the same rights as men to receive compensation for land acquisition

and house demolition;

4) Jobs generated at the construction and operation stages will be first made available to

women, and women are entitled to local employment training and job referral.

Ethnic minorities All affected ethnic

minorities

1) Priority in resettlement and skills training;

2) Priority in receiving employment information and in job selection;

3) Participation in consultation meetings for ethnic minority projects, to express their own

opinions and suggestions and put forward their own demands;

40


Persons

Compensation or


4) Relevant policy documents shall be explained in local language, when this is needed;

5) Vulnerable groups in areas inhabited by ethnic minorities, especially poor households, shall

be paid close attention to during the course of resettlement.

Infrastructure removal Infrastructure

owners Restored by the construction organize or compensated for at replacement cost

41

Appendix V Summary of Land Occupied for Market Construction

Prov-

ince City County

Number of

Proposed

Markets

Scope

Planned

Land

Area (㎡)

Planned

Product

Proposed

Location

(end-of-table

note)

Floor

Area

(Mu)

Land status Acquisition

Time

Gui-

zhou

Zunyi Chishui 1 Trading

market 3000

Dendrobium

nobile (1) 6

Collective

construction

land

/

Bijie Zhijin 3

Farmer’s

market A 500

Comprehensi

ve trading

market

(1) 1

Collective

construction

land

/

Village

trading

market

B 500 Bamboo

fungus (1) 1

Collective

construction

land

/

Village

trading

market

C 500 Bamboo

fungus (1) 1

Collective

construction

land

/

Village

trading

market

D 500 Bamboo

fungus (1) 1

Collective

construction

land

/

Sichua

n

Luzhou Xuyong 1

Agricul-

tural

trading

market

1500 Fruit Chishui Town

Xiekou Village 2.3

Collective

construction

land

/

Liang-

shan Jinyang 1

Livestock

trading

market

3333 Semi-fine

wool sheep

Nanwa Town

Shubo Village (2) 5

State-owned

land /

42

Prov-

ince City County

Number of

Proposed

Markets

Scope

Planned

Land

Area (㎡)

Planned

Product

Proposed

Location

(end-of-table

note)

Floor

Area

(Mu)

Land status Acquisition

Time

Gansu

Tianshui Zhangjia-

chuan 1

Live

animals

trading

market

6666 Beef cattle Malu Town

Jinshan Village 10

State-owned

land

September

2010

Dingxi Weiyuan 1

Wholesale

market for

improved

varieties

9990 Potato Wuzhu Town

Wuzhu Village (3) 15

Collective

construction

land

/

Qing-

yang

Huachi 1

Live

animals

trading

market

71262 Sheep

Yule Town

Xinbao

Demonstration

Area (4)

107 Villagers’

collective land /

Huan-

xian 3

Live

animals

trading

market

A 6666 Sheep

Maojing Town

Zhuanchengzi

Village (5)

10

Collective

construction

land

/

B 6666 Sheep

Quzi Town

Shuangcheng

Village

10

Collective

construction

land

/

C 6666 Sheep

Yanwu Town

Xieguozhui

Village

10

Collective

construction

land

/

Source: Provinces’ identification tables for land acquisition and demolition, feasibility study reports and that provided by PMO.

43

Notes: (1) Construction location is not yet determined. (2) Reconstruction of original market place. (3) Transformation of former village theater. (4) The Xinbao

Demonstration Area are collective lands of Xinbao Village leased by the People’s Government of Huachi County in September 2002 in the form of

“subcontracting”; the first lease term is 20 years, and the rents are disbursed by the Financial Department of Huachi County, which does not belong to acquired

State owned lands. The Animal Husbandry and Veterinary Bureau of Huachi County has provided construction land certificates and land leasing agreements.

(5) Former livestock distribution point.