PRC: Chongqing Urban Rural Infrastructure Development Demonstration II Project

Transcription

1 Resettlement Plan August 2013 PRC: Chongqing Urban Rural Infrastructure Development Demonstration II Project Prepared by Fuling District Traffic-Tourism Construction Investment Group Co., Ltd. for the Asian Development Bank. This is a revised version of the draft originally posted in April 2013 available on

2 CURRENCY EQUIVALENTS (as of 5 August 2013) Currency unit Chinese yuan (CNY) CNY1.00 = $ $1.00 = CNY ABBREVIATIONS ADB Asian Development Bank AAOV average annual output value AP Affected Person AH Affected Household DMS Detailed Measurement Survey FDLRB Fuling District Land Resource Bureau FDTCIG Fuling District Traffic-Tourism Construction Investment Group FSR Feasibility Study Repor GRM Grievance redress mechanism HD House Demolition IA Implementation Agency M&E Monitoring and Evaluation PMO Project Management Office RIB Resettlement Information Booklet RP Resettlement Plan PRC People s Republic of China WEIGHTS AND MEASURES ha hectare mu m 2 km kilometer NOTE In this report, "$" refers to US dollars. This resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. Your attention is directed to the terms of use section of this website. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.

3 ADB-financed Chongqing Urban-Rural Infrastructure Development Demonstration II Project Fuling Urban-Rural Road Network Improvement Resettlement Plan Fuling District Traffic-Tourism Construction Investment Group Co., Ltd. Chongqing, China 26 February 2013

4 Contents Executive Summary... 1 A. Project Background... 1 B. Impacts... 1 C. Information Disclosure, Participation and Appeal... 1 D. Policy and Legal Framework... 1 E. Resettlement and Income Restoration... 2 F. Resettlement Budget... 2 G. Organization and Implementation Plan... 2 H. Monitoring and Evaluation Introduction of the Project Foreword Basis for Project RP Preparation Project Description Measures to Reduce Project Impact Project Impact Overview of Project Impact Project Impact Permanent Land Acquisition Temporary Land Occupation Affected Houses of Rural Households Affected Vulnerable Groups Affected Ethnic Groups Affected Ground Attachments Affected Population Socioeconomic Profiles Socioeconomic Profiles of Fuling District Socioeconomic Profiles of Affected Towns Socioeconomic Profiles of the Affected Villages & Groups Socioeconomic Sample HHs Survey Statistics of Affected People Population Composition Age Distribution of Population Distribution of Educational Levels Employment Status of Labor Force Financial condition of Families Possession of Cultivated Land Main Economic Activities Gender Analysis Public Participation and Appeal Mechanism Strategy of Public Participation Completed Public Participation Activities Next Stage Public Participation Plan Appeal Mechanism Legal Framework and Resettlement Policies...29

5 5.1 Pinciple of Land Acquisition and Resettlement Applied Laws and Regulations ADB s Policy Requirements on Involuntary Resettlement Policy Gaps Compenstation Rates Compensation Rates of Permanent Land Acquisition Compensation Rates of Temporary Land Occupation Compensation Rates of Rural Houses Compensation Rates of Ground Attachments Entitlement Matrix Resettlement Measures Objectives and Principles Plan of Income Restoration Relocation Program of Rural House Demolition Resettlement of Vulnerable Groups Temporary Land Occupation Restoration of Affected Ground Attachments Resettlement Budget Resettlement Budget Funding Sources Fund Flow and Disbursement Plan Fund Flow Disbursement Plan Institutional Arrangement Resettlement Implementing Agency Agency responsibilities Staffing and Facility of Resttlement Agencies Facility Allocated Training Plan Resettlement Implementation Schedule Monitoring & Evaluation Internal Monitoring Implementing Procedures External Independent Monitoring Purposes and Tasks Independent Monitoring Agency Steps and Contents of Monitoring Monitoring Indicators External Monitoring Report...55 Appendix 1:Related Laws and Regulations...56 Appendix 2:TOR of Externel Monitoring and Evaluation...58 Appendix 3:Resettlement Information Booklet...61 A. Project Background...61

6 B. Project Impact...61 C. Compensation Rates...61 D. Appeal Mechanism...62 E. Income Restoration and Relocation...66 Appendix 4: Endorsement letter from FDLRB and affected villages on land using...67

7 TABLES Table 1-1 Components of the Project... 5 Table 1-2 Comparison-Selection of Impact of Jiaoshi-Juandongchang Section... 6 Table 2-1 Impact of Permanent Land-Acquisition... 7 Table 2-2 Information on Loss of Cultivated Land... 8 Table 2-3 Impact of Temporary Land Occupation... 8 Table 2-4 House Demolition Impacts... 9 Table 2-5 Information of Vulnerable Groups Table 2-6 Information on Affected Ground Attachments Table 2-7 Information on Affected Populaiton Table 3-1 Comparison of Economic Indicators (2010) Table 3-2 Socioeconomic Information on Affected Towns Table 3-3 Basic Information on Affected Villages Table 3-4 Proportion of Sample Survey Table 3-5 Survey Data of Affected Population Table 3-6 Distribution of Annual Per Capita Net Income Table 3-7 Structures of Annual Income & Expenditure of Affected Households Table 3-8 Per Capita Cultivated Land Possession of Affected Villager Groups Table 3-9 Information on Employment Distribution of Women Labor Force Table 4-1 Information on Public Participation Activities Table 4-2 People s Concerns and Solution Measures Table 4-3 Consulting Agencies Table 4-4 Next Stage Public Participation Plan Table 4-5 Contact Persons in Charge of Appeal Channels in All Stages Table 5-1 Compensation Rates of Permanent Land Acquisition Table 5-2 Calculation of agricultural population to be converted into urban status Table 5-3 Compensation Rates for House Demolition Table 5-4 Compensation Rates of Affected Ground Attachments Table 5-5 Entitlement Matrix Table 6-1 Planned Uses of Land Compensation Rates Table 6-2 Training Provided by Local Government Table 7-1 Fund Budget Sheet Table 8-1 Staffing of Resettlement Agencies Table 8-2 Relevant Cadres Responsible for Resettlement of the Project Table 9-1 Aggregate Scheduling of the Resettlement Activities Table 10-1 Schedule of Monitoring and Evaluation FIGURES Figure 1-1 Location of Project... 5 Figure 2-1 Demolished Rural Residential Houses... 9 Figure 4-1 Appeal and Grievance Redress Figure 7-1 Fund Flow Chart Figure 8-1 Resettlement Implenentation Agency... 46

8 ABBREVIATIONS ADB AP AH DMS FDLRB FSR HD LAR M&E RP PRC RIB RMB FDTCIG Asian Development Bank Affected Person Affected Households Detailed Measurement Survey Fuling District Land Resource Bureau Feasibility Study Report House Demolition Land Acquisition and Resettlement Monitoring and Evaluation Resettlement Plan People Republic of China Resettlement Information Booklet Chinese Renminbi (yuan) Fuling District Traffic-Tourism Construction Investment Group 1 hectare = 15 mu UNITS

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11 Executive Summary A. Project Background 1. Fuling District Jiaoshi - Damu Highway Reconstruction Project is a subproject of Asian Development Bank (ADB)-Financed Chongqing Urban and Rural Infrastructure Development II Project. The proposed road improvements start from Fuling District s Jiaoshi Town to Damu Town, passing through Jiaoshi Township and Juandongchang Township with total length of 16.4 km. B. Impacts 2. The project needs to permanently occupy and expropriate rural collective land of 257 mu, including 47.3 mu of arable land and mu uncultivated land, producing an impact on Fuling Ditrict s 10 village groups in 6 villages of 2 townships, a total of 357 people in 96 households; it temporarily occupies an area of 72.5 mu, of which, cultivated land is 10.5 mu, and uncultivated land 62 mu, affecting Fuling Ditrict s 2 townships and 6 villages, a total of 148 people in 38 households; rural residential houses with area of 770 m² are to be demolished, which include 625 m² brick-concrete structure and 145 m² cob wall structure housing, influencing a total of 21 people in 5 households in 2 villager groups of 2 villages. It has an impact on totally 368 people in 99 households. C. Information Disclosure, Participation and Appeal 3. All the affected households, villages and communities, village leaders and town and township and county governments were involved in the project impact and social-economic survey. On various occasions during meetings, interviews, focus group discussions, public consultation workshops, and community consultation meetings, local representatives and affected persons participated in the planning and their concerns have been integrated into the resettlement plan. 12 consultation meetings with the 285 APs were held at the village committee office from November 2011 to October Before implementation, the PMOs, implementing units and village leaders will further discuss and consult with the affected persons representatives to ensure affected persons interests are protected and to provide employment opportunities for the affected persons livelihoods as a result of project implementation. County governments will disclose the resettlement plans in community and village offices. The resettlement plans will also be posted on ADB s website and resettlement information booklets will be distributed to affected households by February The information booklet contains the resettlement scope, project schedule, compensation rates for land and other assets, relocation and economic rehabilitation strategies, and grievance redress mechanisms. 4. When grievances arise, the affected persons may submit an oral or written complaint first to the village committee. If the village committee can not solve the issue, it can be taken to the township government. If the grievance is still unresolved, they can seek redress at the county land administration bureau. A response to the appeal must be made within 2 weeks. If any affected person is not satisfied with the response or if the complaint is of a serious nature, the Chongqing PMO will try to solve the problem. Alternatively, the APs may file an action in a civil court in accordance with the Civil Procedure Law of the PRC at any time irrespective of the use and progress of the GRM process. D. Policy and Legal Framework 5. Compensation for permanent land loss is based on the Land Administration Law of PRC (2004) and the State Council Decision to Deepen Reform and Strictly Enforce Land Administration (Document 28 dated November 2004) and Regulation on Land Administration in Chongqing, the circular from the People's Government of Chongqing Municipality on Issues Regarding adjusting the Policy of Land acquisition Compensation and Resettlement (YFF 1

12 [2008] 45) and Notification of Fuling District Government on Adjusting Matters Concerning Policies of Compensation and Resettlement for Land Acquisition and House Demolition (FU FU FA [2008] No.138 Document). These policies provided essential guidelines for resettlement plan preparation. The resettlement plans comply with PRC laws and regulations of resettlement and ADB s Safeguard Policy Statement (2009). The resettlement principles established for the project are: (i) land acquisition and involuntary resettlement should be avoided or minimized where feasible by developing and comparing design alternatives; (ii) compensation and entitlements provided are based on replacement costs and must be adequate to allow those affected to at least maintain their pre-project standard of living, with the prospect of improvement; (iii) the land temporarily occupied and the period of disruption are to be minimized; (iv) all affected persons, legal and illegal, are to be considered and accounted for; (v) the per capita landholding after land acquisition should be sufficient to maintain previous livelihood standards; (vi) where land allocation per capita is not sufficient to maintain previous livelihood standards, other income-generating activities will be provided for; (vii) a preferential policy will be provided to vulnerable groups in such things as compensation, creation of special funds, minimum living guarantees, and employment; (viii) all affected persons will be adequately informed about eligibility, compensation rates and standards, livelihood and income restoration plans, and project timing; (ix) displacement will not occur until after full compensation has been paid and other entitlements provided; (x) the resettlement budget shall be enough to cover all impacts that are caused by project construction; and (xi) close monitoring and timely actions will be conducted to identify and resolve any problems. E. Resettlement and Income Restoration 6. Land acquisition and house demolition compensation rates will be implemented pursuant to the Notice of Chongqing Municipal Government on Adjusting Matters Concerning Compensation and Resettlement Policies for Land Acquisition (YU FU FA [2008] No. 45 Document) and ADB s involuntary resettlement policy. The land compensation fees and resettlement subsidy which is 35 times of the AAOV will be paid to village collectives, which will be used for developing the collective economy and making arrangement for production and livehood of members of the collective economic organization. Each village will discuss and decide way of using compensation funds by holding villagers meetings. Replacement land with same quality will be provided to the affected farmers. Income restoration measures include: providing job opportunities in the stage of project construction and operation; developing commerical crops with high economic value; promoting and developing the secondary and tertiary industries; providing technical training of the affected people so as to enhance their skills, etc. For rural housing demolition, cash compensation will be paid based on replacement cost and agreed between the demolisher and displaced persons on this basis after a field appraisal by a real estate appraisal and surveying company. And the house plots will be provided by the villages. F. Resettlement Budget 7. Total cost for resettlement of this project is RMB 7.15 million. The resettlement fund comes from Fuling District s governemnt. G. Organization and Implementation Plan 8. Project implementation agency is Fuling District Land Resources Bureau, which is liable for specific implementation of resettlement of this project, including preparation and coordination in early stage of preparing resettlement report, resettlement work in the process of the project execution and monitoring, and evaluation in the later stage of the project implementation, etc. In all affected towns/townships and village committees, specially-assigned persons will be dispatched to perform coordination of resettlement. All compensation will be paid to affected households and villages prior to commencement of construction activities. Land acquisition and house demolition will commence from June

13 H. Monitoring and Evaluation 9. Monitoring-evaluation (M&E) comprises internal monitoring and external monitoring, where, internal monitoring insures that all responsible departments strictly perform implementation pursuant to the principle of resettlement plan and schedule. And external M&E is to be performed regularly and independently by an external monitoring agency, which will regularly report to Chongqing Project Office, and propose recommendations for solving problems arising in the process of the resettlement so that activities of the resettlement will be carried out smoothly. 3

14 1 Introduction of the Project 1.1 Foreword 1. This RP has been prepared in accordance with ADB s Safeguard Policy Statement (2009), Safeguards Requirements 2 on Involuntary Resettlement, the relevant laws and regulations of the PRC, and the policies on land use of the Chongqing Municipal and Fuling County Governments. 2. For the Chinese government and ADB, the primary purpose of an RP is to ensure that the living standards of those losing land or properties can restore their living standards to or even better than before the project scenario. 1.2 Basis for Project RP Preparation 3. Basis for preparation of this RP is as follows: (i) ADB s Safeguard Policy Statement (2009) safeguard requirements 2: involuntary resettlement; (ii) Laws and regulations of China (PRC); (iii) Local laws & regulations and policies of Chongqing and Fuling District; (iv) Reports of project design and evaluation: feasibility study report of the project, environmental impact evaluation report; (v) Field survey of the project site; (vi) In-depth interview with related staff of Chongqing Municipality, Fuling District and those who are working in the towns, villages and groups involved in the Project; (vii) A sample survey of the affected persons on their socioeconomic conditions and willingness of compensation and resettlement for land acquisition in November 2011; (viii) Interviews with representatives of the affected people in the 6 villages, and these representatives were recommended by the APs themselves; (ix) Discussions with the officials in relevant towns and bureaus; and (x) Interview with the vulnerable groups. 4. The engineering data in this RP is from the Feasibility Study Report. This RP and RIB have been disclosed in local language and distributed to the APs, and it will be disclosed on ADB s website before Management Review Meeting. Before ADB s management review meeting (MRM), the Fuling County Government will issue a letter of commitment for this RP. In addition, this RP will be updated and finalized on the basis of the detailed measurement survey (DMS) and census of APs. The final RP will be submitted to ADB for review and approval prior to contract awards. 1.3 Project Description 5. The Chongqing Urban and Rural Infrastructure Development II Project has seven subprojects including: (i) Rongchang Rongfeng river enhancement and flood management; (ii) Wulong Wujiang river flood management subproject; (iii) Youyang Longtan river flood management subproject; (iv) Chengkou urban-rural road network improvement subproject; (v) Fuling urban-rural road network improvement subproject; (vi) Shizhu urban-rural road network improvement subproject; and (vii) Wanzhou Yangliu water supply plant subproject. Based on 4

15 the extent of the impacts, the responsible project district and county governments prepared seven resettlement plans. Fuling District Jiaoshi - Damu Highway Reconstruction Project is one of subprojects of the Asian Development Bank (ADB)-Financed Chongqing Urban and Rural Infrastructure Development II Project. Road improvement will start from Fuling District s Jiaoshi Town to Damu Town, passing through Juandongchang Township, as in Figure 1-1. Jiaoshi Damu Figure 1-1: Location of Project 6. Total length of the project is 16.4 km divided into 3 sections. And all sections have improvement of old road and contruction of new road. For details, see Table 1-1. Table 1-1: Components of the Project Bid Section Length Width of Roadbed Land Acquisition Jiaoshi-Juandongchang Section (B1K0+000~BK13+600) 7.6 km 10 m 187 mu Juandongchang-Sha niudong Section (BK13+600~A2K18+000) Sha niudong-damu Town Section (A2K18+000~A2K ) 4.40 km 8.5 m 32 mu 4.40 km 8.5 m 38 mu 5

16 1.4 Measures to Reduce Project Impact 7. At the design stage, the Fuling PMO and the design agency optimized the subproject design to minimize land occupation and house demolition, and impacts on the economy and people s lives. A. Comparison-Selection of Jiaoshi-Juandongchang Section Program Table 1-2: Comparison-Selection of Impact of Jiaoshi-Juandongchang Section Comparison of Impact of this Tender Section Comparison-selection of Programs Program 1( (40 km/h)) 1.Permanent land acquisition of 187 mu is required 2.Demolition of rural resendential houses of 1,380 m 2 is needed 3. Land-acquisition and relocation affect population of about 188 Program 1 is recommended Program 2 (60 km/h) 1. Permanent land acquisition of 230 mu is required 2. Demolition of rural residential houses of m 2 is needed 3.Land-acquisition and relocation affect population of some After comprehensive comparison, additional 43 mu of land would need to be expropriated for program 2 in comparison with program 1, in which, additional demolition of rural resident houses will be 1,820 m 2, affecting 80 more people. So it is recommended that program 1 with less impact of land acquisition and house demolition is adopted for Jiaoshi-Juandongchang Section. Table 1-1 Comparison-Selection of Impact of Juandongchang-Damu Section Comparison of Impact Comparison-Selection of Programs Program 1 (30 km/h) 1.Peamanent land acquisition of 70mu is required 2.Demolition of rural residential houses of 570 m 2 is needed 3.Land- acquisition and relocation affect population of some 102 Program 1 is Recommended Program 2 (40 km/h) 1. Permanent land acquisition of 123 mu is required 2. Demolition of rural residential houses of 830 m 2 is needed. 3.Land- acquisition and relocation affect population of some Comprehensive comparison shows additional 53 mu of land would need to be used for program 2 in comparison with program 1, in which, the additional rural resident houses to be demolished will be 260 m 2, affecting 67 more people. Hence it is recommended that program 1 with less impact of land acquisition and house demolition is adopted for Juandongchang Damu Section. 6

17 2 Project Impact 2.1 Overview of Project Impact 1. According to the FSR, The project needs to permanently occupy and expropriate rural collective land of 257 mu, including 47.3 mu of arable land and mu uncultivated land, producing an impact on Fuling Ditrict s 10 village groups in 6 villages of 2 townships, a total of 357 people in 96 households. It will temporarily occupy an area of 72.5 mu, of which, cultivated land is 10.5 mu, and uncultivated land 62 mu, affecting Fuling Ditrict s 2 townships and 6 villages, a total of 148 people in 38 households. Rural residential houses with area of 770 m² are to be demolished, which include 625 m² brick-concrete structure and 145 m² earthen wall structure housing, influencing a total of 21 people in 5 households located in 2 villager groups of 2 villages. It has an impact on totally 368 people in 99 households. 2.2 Project Impact Permanent Land Acquisition 2. The project will acquire 257 mu rural collective land, including 47.3 mu of cultivated land and mu uncultivated land, producing an impact on Fuling District s 2 townships, involved with 10 village groups of 6 villages, a total of 357 people in 96 households. Details of permanent land acquisition and its influence are shown as Table Some forest land in the village was allocated to the farmers to protect the forest. But, the farmers are not allowed to sell the trees. Land acquisition will not affect the farmer s income. After forest land acquisition, the village will allocate the same area to them. Town/ Township Jiaoshi Township Village Dongquan Village Table 2-3: Impact of Permanent Land-Acquisition Affected Permanent Land Acquisition (mu) Population Uncultivated Land Waste- Villagers Cultivated Housing land and Group Subtotal Land plot forest land HHs Person Xinjing Village Bailu Village Yuelai Community Xiangyang Village Yingxin Village Damu Town Total Data Source: FSR 4. No income loss is involved in the affected wasteland of this project, so only impact analysis of cultivated land loss is made here. In this project, 58 households are to be affected by the cultivated land, of which 21 households (36%) will lose less than 10% of the cultivated land, 34 households (59%) will lose 11%-20% of the cultivated land, and 3 households (12%) will lose 21%-30% of the cultivated land. According to the socioeconomic survey data, 7

18 Town/ Township agricultural income accounts for 17% of the household income so a 60% land loss would be required to cause a household to lose 10% of its income. For affected 58 households, their family income loss is less than 10%. For detailed analysis of the ratio of cultivated land and income loss, see Table 2-2. Jiaoshi Township Village Dongquan Village Xinjing Village Table 2-4: Information on Loss of Cultivated Land Proportion of Loss of Cultivated land Proportion of Income Loss Number of perhousehold per household Villagers households group (household) 10% 20% 30% 100% 5% 10% 30% 50% 100% Bailu Village Yuelai Community Xiangyang Village Damu Town Yingxin Village Total Temporary Land Occupation 5. Temporarily occupied land of this project is primarily used for stacking materials and sundry required for the project engineering during road construction, totally it needs temporary land occupancy of 72.5 mu, including 10.5 mu of arable land and 62 mu waste land, affecting a total of 148 people in 38 households located in 6 villages,. For the specific situation, see Table 2-3. Town/Township Table 2-5: Impact of Temporary Land Occupation Temporary Land-occupancy(mu) Affected Population Number of Cultivated Households Population Village Subtotal Land Wasteland (Household) (Person) Jiaoshi Township Dongquan Village Xinjing Village Bailu Village Yuelai Community Xiangyang Village Damu Town Yingxin Village Total Data sources: They are obtained according to the survey data in November Affected Houses of Rural Households 6. The project is required to demolish 5 rural residential houses with area of 770 m², including 625 m² brick-concrete structure and 145 m² earthen wall structure houses, having 8

19 influence on a total of 21 people in 5 households located in 2 villager groups of 2 villages. For details, see Table 2-4. Town/ township Jiaoshi Township Damu Town Village Dongquan Village Table 2-6: House Demolition Impacts Villagers Group 1 Yingxin Village 2 Structure and Area of Houses (m²) Use and Area of Houses (m²) housing Householder s HH Sub- Brick- Earth Main Attached plots Name size total Concrete wall Room Room (m²) Chen Deyou Chen Qizhong Ran Yun Luo Zhonggui Liu Yinghuai Total Data sources: Data are obtained according to the survey in November Most houses to be demolished have been built for over 10 years, and because they were built in relatively early period, some brick-concrete houses are of merely simple brick-concrete structure. For typical situation of house demolition, see Figure 2-1. Figure 2-1: Rural Residential Houses to be Demolished 8. Although some houses to be demolished are located along the road, none of the 5 affected households are using these houses to do small business, so the demolition will not have a direct impact on their family income. In the meantime, among 5 households, 1 household (Luo Zhonggui of Yingxin Village) will only have their attached houses demolished, and the main residential houses will not be affected by the project. Accordingly, only 4 households need to be relocated. 9

20 2.2.4 Affected Vulnerable Groups 9. Vulnerable groups primarily refer to (i) the poor persons who are receiving the subsidy of minimum living standard (in 2011, the minimum living standard in Fuling District is RMB 2,000 per person per year), (ii) households enjoying 5 guarantees 1, (iii) the disabled, and (iv) women headed households. A survey on the project impact conducted in November 2011 showed totally 13 people of 3 households are vulnerable, all due to low income level. Town/ Township Jiaoshi Township Village Dongquan Village Table 2-7: Information of Vulnerable Groups Number of Villagers Family Group Name Age Member 2 Chen Qizhong Luo Zhonggui 53 6 Status of Impact Land acquisition and Demolition Attached Room being Demolished Reason of being Disadvantaged 64 2 Poor Damu Yingxin Village 2 Town Liu 45 5 Demolition Poor Yinghuai Data sources: They are obtained according to the survey data in November Affected Ethnic Groups 10. This project does not involve impact on population of ethnic groups Affected Ground Attachments 11. The ground attachments affected by this project primarily include stone ridge, enclosing wall, small flat ground and wells, etc.; and the affected public facilities comprise electric poles and wires. For details of specific impact, see Table 2-6. Table 2-8 Information of Affected Ground Attachments Item Designation Structrue Unit Quantity Owner Stone ridge, Enclosing wall Water Well Poor Brick m 3 50 Affected households Motor-pumped Well set 15 Villages Architecture Attachment Tomb Single person set 10 Affected households Public Utility Small flat ground Manure Pit and Water Reservoir Wire pole Wire Cement m Affected households Cement m Round pole with height over 9 meters Outdoor wire for lighting Piece 30 Meter 3000 Data sources: They are obtained according to the survey data in November Villages Villages Villages 1 Chiildless and infirm old persons who are guaranteed food, clothning, medical care, housing and burial expenses. 10

21 tombs will be affected by the project, and most of them were built 20 years ago, which are not ancient tombs and not the graves of ethnic groups. The local custom for moving graves is not different from that of other places, essentially depending on choosing a specific date of grave moving according to geomancy, without involving other matters that need special attention Affected Population persons of 94 households will be affected only by permanent land acquisition, and 3 households and 11 persons will be affected by house demoloition. 10 persons of 2 households are to be affected by both permanent land acquisition and house demolition. Total population to be afected is 368 people of 99 households. 61 households affected by loss of cultivated land and house demolition, while other 38 HHs will lose forest land but will not suffer any income loss. Status of the affected population is shown in Table

22 Proportion of Affected Population in the Village (%) Proportion of Affected Population in the Village (%) Proportion of Affected Population in the Village (%) Proportion of Affected Population in the Village (%) Table 2-9: Information on Affected Population Affected by Permanent LA Affected by HD only only Affected by both Permanent LA and HD Total Affected Population AHs APs AHs APs AHs APs AHs APs Town/ Township Jiaoshi Township Village Dongquan Village Xinjing Village Villagers group Bailu Village Yuelai Community Xiangyang Village Damu Town Yingxin Village Total Data sources: Data preparation and calculation are obtained according to survey conducted in November

23 3 Socioeconomic Profiles 3.1 Socioeconomic Profiles of Fuling District 1. Located at the junction of the Yangtze River and Wujiang River, Fuling is 108 km from civic center of Chongqing. The district has jurisdiction over an economic and tecchnical development zone, a private economy demonstration zone and 26 townships and subdistrict offices. Its land area is 2,946 km 2, with total population of 1.14 million including 680,000 populations living in urban areas, with urbanization rate of 59.6%. Fuling is one of Chongqing s 6 regional central cities to be built with great efforts by the Municipality, and now it has been included into construction of "1 Hour Economic Circle" planned by Chongqing, and in the range of Chengdu-Chongqing Economic Region jointly constructed by Sichuan and Chongqing. In 2010, RMB billion of GDP was realized by the District, up 19.3% year on year; Annual local finance revenue was RMB4.729 billion, up 56.6% over the previous year; its gross GDP and growth took 5th place among districts and counties of the Municipality, indicating that its GDP growth was 9 and 2.2 percentage points higher than that of whole Nation and Chongqing Municipality, respectively. 2. In 2010, per capita net income of farmers in Fuling District was RMB5,549, accounting for 93.7% of per capita net income of Chinese farmers, 105% of the per capita net income of Chongqing farmers,and 117% of per capita net income of farmers in northeastern Chongqing; In 2010, per capita GDP of Fuling District was 42% and 48% higher than that of China and Chongqing Municipality, respectively. Economic level of Fuling District belongs to upper level in Chongqing, whose economic conditions are comparatively good. Table 3-1: Comparison of Economic Indicators (2010) Rural Per Capita Net Income Per Capita GDP Fuling District as a Per Capita GDP proportion of (%) (USD) Fuling District as a proportion of (%) Rural Per Capita Item Net Income China Chongqing Northeastern Chongqing Fuling District Data sources: 2011 Chongqing Statistical Yearbook, and 2010 Fuling Distric national economy and social development statistical bulletin. 3.2 Socioeconomic Profiles of Affected Towns 3. The project produces an impact on Fuling District s 2 towns, i.e. Jiaoshi township, and Damu town. 4. Jiaoshi Township is 12 km from Fuling City, bordering the Yangtze River in the east; connecting to Jiangbei Office in the south, closing to Heishan town in the north, and Fuling-Dianjiang Highway and Fuling-Fengdu Highway traverse across the whole district. Its land area is 167 km 2, and total population 29,603, governing a neighborhood committee and 16 administrative villages. The cultivated land area of the whole town is 35,000 mu, with area of mountain farmland being 2,200 mu, rice planting area 370 mu, forest area 150,000 mu, and forest coverage rate of over 60%, primarily used to grow rice and commercial crops such as water chestnut, rape, sweet potatoes, red seed watermelon and vegetables, in which, planting area of sweet potato is 7,200 mu. The main special local product is tea, and the main mineral products include limestone, clay and coal, etc. 5. Damu town, located in southeastern Fuling District, is 57 km from Fuling City. It is adjacent to Wansheng District in the east and Nanchuan City in the south. It has an area of 96.3 km², having jurisdiction over 6 administrative villages, with entire town s population of 3,748 in This town is rich in agriculture and tourism resources, including 6,465 mu of 13

24 cultivated land as agricultural resources, and 100,000 mu forests with forest coverage rate of 75.4%. 6. Socioeconomic information on affected towns is shown as Table 3-2. Town/ Township Jiaoshi Township Damu Town Population At Year-end (person) Table 3-2 Socioeconomic Information on Affected Towns Total Production Total Rural Per Value Grain Agricultural Capita Net Of the Area Production Output Value Income (RMB10,000) (ton) (RMB10,000) (RMB) Area of Cultivated Land (mu) 30,105 35,000 33,705 17,751 10,554 5,481 3,799 6,465 7,424 1,629 1,870 4,899 Data source: Statistic Annual Report (2010) provided by the affected towns and villages. Proportion Of 3 Key Industries (%) Primary Industry Secondary Industry Tertiary Industry It can be seen from above table that per capita net income of farmers of the affected 2 rural towns are lower than RMB5,549, the per capita net income of farmers of Fuling District in Per capita cultivated land area of these 2 towns ranges between mu, in which, that of Damu town is lower, 0.21 mu/person; that of Jiaoshi town is higher, 1.53 mu/person. 9. In combination with GDP data of the affected townships, it can be found that its GDP primarily comes from tertiary industry, in which, rural tourism plays a very great role of driving local economic development; the next is primary industry, whose GDP makes a relatively considerable contribution to local GDP; and secondary industry falls behind 3.3 Socioeconomic Profiles of the Affected Villages & Groups 10. This project will affect Fuling District s 2 townships, involved with 6 villages, including Jiaoshi town s Dongquan village, Xinjing village, Bailu village, Yuelai community and Xiangyang village and Damu town s Yingxin village. Their basic socioeconomic information is given in Table

25 Town/ Township Jiaoshi Township Total Number of Household (household) Total Population (person) Table 3-3 Basic Information on Affected Villages Area of Cultivated Land (mu) Per Capita Cultivated Land (Mu/person) Number of Poor HouseHold (household) Number of the Poor (person) Grain Production (ton) Total Agri. Output Value (RMB 10,000) Total Rural Economic Revenue (RMB 10,000) Rural Per Capita Net Income (RMB) Village Dongquan Village 916 2,367 4, , , ,451 Xinjing Village 1,119 2,995 4, , , ,469 Bailu Village , ,441 Yuelai Community Xiangyang Village 842 2,085 3, , , ,903 5, , , ,447 Damu Town Yingxin Village 416 1,150 2, ,625 Total 5,465 15,570 28, , , , Data sources: Data are provided by relevant departments of the affected towns and villages during field survey in Nov

26 3.4 Socioeconomic Sample HHs Survey 11. To be further aware of socioeconomic information on the areas affected by the project and basic situation of the affected population, an investigation team conducted a socioeconomic survey on the regions affected by the project in November 2011 and supplementary survey in April According to requirements of ADB. The main goals are as follows: (i) Acquire socioeconomic information on the affected people whose land or property may probably be lost because of the project construction; (ii) Identify demand and desire of the affected people to the project construction. A combination of questionnaire and interviews was adopted in the survey, having investigated 36 out of 61 households affected by loss of cultivated land and house demolition in this project, ratio of sample questionnaire accounted for 59% of the affected rural households. Specific conditions are shown in Table 3-4. Town/ Township Village Dongquan Village Table 3-4: Proportion of Sample Survey No of Village Number of Number of Surveyed Group AHs Household Sampling Proportion (%) Jiaoshi Xinjing Village Bailu Village Yuelai Community Xiangyang Village Damu Yingxin Village Total Data sources: Data preparation and calculation are obtained according to survey conducted in November

27 3.4.1 Statistics of Affected People 12. For the detailed demographic features of the affected personnel such as gender, age, population composition and education background, see Table 3-5. Number of Household Number of Population Ratio Of MaleFemale Female Total Table 3-5 Survey Data of Affected Population Gender Number of Labor Force 2 Degree of Education (aged at 6 and Over 6) Age Distribution Migrant Senior High School Do Workers College and Junior Illiterate and Farming and and Tech-Secondary High Primary Semi-Illiterate Over At home Others above School School School Data sources: Data preparation is obtained according to survey conducted in Nov Number of labor force refers to number of persons aged at In the information on labor employment, because some people do farming at home and also do irregular temporary work at a local place, the first occupation of the surveyed persons is the main part among all kinds of employment in the statistics. 17

28 3.4.2 Population Composition people of 36 households were surveyed, all being agricultural households. In the population of the surveyed households, female population is 58, accounting for 48% of the total population; male population is 62, amounting to 52%. The rural labor force is 82, accounting for 68.1% of the total population, in which female labor is 42, amounting to 51.4% Age Distribution of Population 14. In the surveyed 120 persons in 36 households, population of 0-6 years old is 11, accounting for 9% of the total population; that aged at 7-15 is 14, amounting to 12% of the total population; that of years old 82, accounting for 68%; persons aged at over 60 are 13, making up 11% of the total population. Number of young adults is the majority, which is more than half of the total number of people Distribution of Educational Levels 15. As far as the survey is concerned, population of college degree and above is 5, making up 5% of the total population; that of senior high school and technical secondary school is 21, accounting for 17% of the total population, young & middle-age persons aged at who are going out for work make up the main part of this population; population of junior high school is 37, amounting to 31% of the total population; population of primary school is 37, mainly the middle age people over 40 years old, amounting to 31% of the total population. With the preschool children deducted, population of illiterate and semiliterate is 9, making up 7% of the total population, who are mainly the older population aged over 60. All surveyed persons of illiteracy are basically engaged in farming at home Employment Status of Labor Force 16. Labor force of the respondents in this survey is 82 persons in total, primarily distributed in age group of Among them, 14 persons, ccounting for 17% of the total labor force, do temporary work at local firms, relying on doing some odd works at local place in the stack season; 15 persons do perennial work locally (working over 1 year in this town), majority of them are the middle-aged at 40-45, accounting for 18% of the total labor force; 19 persons are migrant workers out of this town (working over 1 year out of this town) who are primarily the young aged between 25-35, making up 23% of the total labor force. Among them, phenomenon of young couples working outside is common, who account for more than half the number of perennial migrant workers. 34 people, amounting to 42% of the total labor force, are engaged in farming at home, who are primarily older people aged over 40. In addition to doing normal farming, they take care of the aged and children at home Financial condition of Families 17. Distribution of specific income level of 36 households from sample survey is shown as Table 3-6. The households with annual per capita net income over RMB6,001 account for 25%, exceeding the average level of the town; 8% of the families with yearly per capita net income less than RMB2,000; and 67% of the households with annual per capita net income between RMB2,001-6, households with yearly per capita net income less than RMB2,000 belong to disadvantaged groups, whose family income is affected primarily because of their old age or poor health. 18

29 Net Income (RMB/person-year) Number Of Households Table 3-6: Distribution of Annual Per Capita Net Income Less Than Over 2,000 2,001-3,000 3,001-4,000 4,001-6,000 6,001-8,000 8,001 Total Proportion (%) Data source: Socioeconomic sample survey conducted in November Income of the families in the affected area of the project is mainly non-agricultural income, including income of migrant workers, ancillary income, business income and social insurance, etc. The non-agricultural income makes up 83% of annual household income, while in family expenditure of various items, food accounts for 68% of the total expenditure of the family. Annual Household Income Annual Household Expenditure Table 3-7: Structures of Annual Income & Expenditure of Affected Households Household Average Item Value (RMB) Proportion 1. Income of agricultural production 2,890 17% 2. Income of non-agricultural Production 14,110 83% 2.1. Income of migrant working 11,900 70% 2.2. Other income 2,210 13% 3. Total income 17, % Productive Costs 1,800 HH net income Food expenditure 6,960 68% 2. Traffic expenditure 480 5% 3. Educational expenditure 1,080 11% 4. Medical expenditure 840 8% 5. Other expenditure 840 8% Total Expenditure 10, % Data sources: Data preparation is obtained according to survey conducted in Nov Possession of Cultivated Land 19. After consultation with Fuling District Land-Resource Bureau and cadres and staff of the affected towns and villages/groups, it is learned that Fuling District s rural collective land is the land from the second round of the contracting allocated in 1998 based on the first round of the land contracting in Situation of per capita cultivated land of the affected villager groups is given in Table

30 Town/ Township Table 3-8: Per Capita Cultivated Land Possession of Affected Village Groups Village Villager Group Per Capita Cultivated Land (mu) Dongquan Village Jiaoshi Xinjing Village Township Bailu Village Yuelai Community Xiangyang Village Damu Yingxin Village Town Data sources: Data are sorted out and calculated according to survey in November The affected area is rich in cultivated land resource, where, per capita cultivated land is all over 1 mu, where, the least one, 1.1 mu/person, is No.2 villager group of Jiaoshi town s Dongquan village, and the most one, 3.2 mu/person, is No.2 villager group of Damu town s Yingxin village Main Economic Activities 21. According to interviews with leading officials of the village committees and sample door-to-door survey, it is learnt that in the economic structure of the project area source of family income is primarily divided into agricultural income and non-agricultural income. As migrant work is common, income of the migrant workers constitutes an important part of the family income in local agricultural households. (i) Agricultural income: main crops planted by farmers in the project area comprise corn, potatoe, sweet potatoe and vegetables, etc, and these farm produces are mostly for self-eating and livestock purposes, with a few for sale; breeding livestock includes pig, ox, sheep, poultry and fish. In addition to the traditional farming, they also plant sporadic commercial crops such as tobacco, cotton, pickled mustard tuber, mushroom and Chinese herbal medicine, and this part of economic crops are primarily for sale. Results of the survey show average annual output value of the land in the project area is around RMB1,100 /mu. (ii) Non-agricultural income: As the project area is rather far from city proper of Fuling District, with restriction of traffic conditions, farming income here is comparatively low. So, in the economic structure of the project area, phenomenon of being a migrant worker is popular, and income of migrant workers becomes an important part of income of local agricultural households, making up some 70% of their total family income. Migrant workers going out from home are essentially engaged in jobs of services and engineering industry, including catering, retail, drivers of engineering machinery, etc., most belong to the jobs with low technical content. Places of these migrant workers primarily include Qinghai and Guangdong Provinces and Xinjiang Autonomous Region. In addition, working as local casual laborers, normaly as mason and carpenter, is also popular, where, one can averagely earn RMB150 per day, working in some 20 days monthly. 20

31 3.4.9 Gender Analysis 22. During the socioeconomic survey, survey was conducted on income of women in the household income. Income of the women in the project area mainly comes from their being engaged in farm work and serving as migrant workers. Among 42 women laborers, about 40% go out as migrant workers in the downtown of Fuling County, primarily engaged in services like catering and housekeeping; 60% of women are famers at home who take care of the aged and children. For situation of women employment distribuiton in the project area, see Table 3-9. Women s contribution to household income is generally less than men s. Women s contribution to HH income is less than 40%. Table 3-9: Information on Employment Distribution of Women Labor Force Employment Distribution Farming Catering Engineering Housekeeping Business Others Total Number of People Proportion (%) Data sources: Social-economic sample survey conducted in November The opinions on resettlement by men and women are very similar: (i) men and women don t think the land acquisition will have serious impacts on their income; (ii) men and women are equally concerned about reasonable compensation rates and timely payment; and (iii) men and women s concerns about new careers, rehabilitation of income loss, future employment, and children s education are rather similar. 21

32 4.1 Strategy of Public Participation 4 Public Participation and Appeal Mechanism 1. According to the policies and regulations of ADB, the PRC and Chongqing Municipality on land use, house demolition and resettlement, it is very necessary to conduct public participation at the preparation and implementation stages in order to protect the lawful rights and interests of the APs, reduce grievances and disputes, and realize the resettlement objectives properly by developing sound policies and implementation rules on displacement and resettlement, preparing an effective RP, and organizing implementation properly. 2. In combination with actual situation of this project, "Three-Stage" strategy is taken for public participation. 3. Stage 1: In the stage of making feasibility study and drawing up resettlement report, the stakeholders were consulted to allow them to be aware of the resettlement issues so as to provide an early-stage basis for late stage design and implementation. In particular, more importance was attached to the consultation in the area where the project is located. Information introduction was made to the people living in the project area, allowing them to understand the demands and intent of the persons potentially affected by the project. The impact which is probably posed by the project was discussed to make proposals for the design of optimized project, compensation rates and policies as well as possible solutions and measures. The work of this stage had been completed before the completion of this RP. And "Resettlement Information Booklet" has been distributed to the affected households before MRM, with basic information on the project, project impact, compensation policies, resettlement solutions and appeal channels, etc. 4. Stage 2: Before the commenment of land acquisition and house demolition, meetings with all affected people will be held to listen to the opinions of various sides on compensattion and resettlement. And the updated RP based on final design and DMS will be disclosed to the APs. 5. Stage 3: During project construction and operation, surveys and interviews will be regularly held in the affected area to see if relevant compensation for the affected people is put in place and their production and livehood are restored Completed Public Participation Activities 6. These public participation activities were carried out through various forms, including community meetings, discussion with the owners and survey by door-to-door visit, etc. (i) (ii) (iii) Community meetings: Before starting work by the field survey team of the project, the survey team leader made publicity of this project to the affected perspns, residents of villages and groups who attended the meetings, including the project background information, project content, necessity of implementation of the project, possible impact posed by the project, compensation policies and resettlement programs to be undertaken. The participants also comprised representatives of the affected villagers, women, project implementing agency, township governments, villages and cooperatives. Holding face to face discussion with APs to explain the project impact on his/her house and property etc. Household socio-economic questionnaire survey: to learn the socioeconomic profile of the subproject area, and the APs comments and opinions. The survey team conducted a door-to-door questionnaire survey in November 2011 and April During the survey, the information, impacts and resettlement 22

33 (iv) policies of the Subproject were explained, and the sample AHs were consulted about ideas for compensation and resettlement, livelihood restoration, their comments and suggestions form the the basis for RP preparation.. Panel discussion with cadres of the villages and cooperatives: Panel discussion was held with village heads, village CPC Secretaries and accountants to get an idea of the overall socioeconomic information of the rural collective, site selection of homestead for self-building, expectations and demands of villages and cooperative cadres towards the project, opionions and suggestions on the land compensation and resettlement policy, and sharing of the related experience. (v) Interviews with the government: Through meeting with Fuling District Development & Reform Commission, Land Resources Bureau, Employment Bureau, Labor and Social Insurance Bureau and Bureau of Statistics, the project survey team has obtained the data and information and resettlement policy in relation to this project;, the team has collected the opinions and suggestions of the relevant departments on implementation of this project. 7. To know about impact of the project and socioeconomic situation of the affected people, the project management office, pursuant to requirements of ADB, solicited for many times the proposals and opinions of the Municipal and District Governments, the District Committee of the National People's Congresses, Political Consultative Conferences, mass organizations, residents of the areas affected by the project and village committees involved with land acquisition and house-demolition while making feasibility study in the preparation stage of the project. In the meantime, the project IA and design agency organized a specialized socioeconomic survey team to make a detailed survey on the affected families and rural collective economic organizations in the scope affected by the project. During socioeconomic survey, affected households were surveyed one by one to know their willingness of resettlement and attitude to the project. The comprehensive survey has laid foundation for laying out a resettlement plan. 8. Public participation activities of this project which have been carried out are as follows: 23

34 Table 4-1: Information on Public Participation Activities Location 6 affected villages office 6 affected villages office 6 affected villages office Date of Participators of Interview Interview APs, PMO, FSR preparation agency, RP preparation agency # of interviewees Female Total APs APs APs APs PMO APs affected villages office APs, PMO staff, LRB Total Number of Participators Key Issues discussed Introducing the background and purpose of the Subproject; Discussion of the alignment to minimize the LA and HD impacts; Socio-economic survey meetings were held with groups of APs Discuss ways of compensation for land acquisition of the project, propose recommendations for land adjustment or allocation of replacement land; Method of computing replacement price; Propose recommendations for land-acquisition & relocation management and livehood restoration; that compensation rates are used to improve infrastructures of the relevant villages and groups, etc. the location of the relocation sites; The need of trainings; The income restoration measures; Discussion of the draft RP; Discussion of the GRM; Discussion of the future consultation plan; Discussion of the future information disclosure plan. 24

35 9. With implementation of a lot of public participation activities, the opinions and demands of the affected households were collected, the local government and relevant departments have formulated some measures to address the people s concerns. These measures have been incorporated into the resettlement plan. For details, see table 4-2. Table 4-2: People s Concerns and Solution Measures No. Main Concerns and Views Solution Measurs 1 APs prefer agricultural resettlement, not requiring a change from agricultural to non-agicultural household registration due to the very limited land acquisition. All land compensation and resettlement subsidy will be paid to the collective economic organizations, used to develop the collective economy and make an arrangement for production and livehood of the members of these collective economic organizations, and then the village collective readjusts the land for the persons whose land have been acquired, here, the way of rural residents becoming urban residents is not adopted for the affected household. If the village can t provide reserved land, the 2 APs prefer to be provided with homestead for self-building houses 3 APs prefer to be provided with training of agricultural and non-agricultural skills 4 Aps expect to get replacement land as the old people are farming on the land and the minor land acquisition will contribute litte cash compensation. resettlement subsidy will be distributed to APs directly. There are few people to be relocated in villages, and they are living in a scattered way. Such being the case, each village can provide homesteads to the relocatees for self-building their houses Labor department and Women s Federations, etc. offer the affected persons training of planting, breeding and non-agricultural industry in allusion to specific conditions of the project region. Each village will allocate the village collective s reserved land to the affected households according to status of their land-loss. Table 4-3: Government Agencies Interviewed Date of Interview Name of Consultation Departments Chongqing Municipal Development & Reform Commission Fuling District Development & Reform Commission Fuling District Land Resources Bureau Fuling District Employment Bureau, Labor & Social Security Bureau Fuling District Bureau of Statistics, Women s Federation Next Stage Public Participation Plan 10. With the progress of preparation and implementation of the Subproject, the resettlement implementing agency will conduct further public participation and consultation activities. See Table

36 Table 4-4: Next Stage Public Participation Plan Date Locale Aim of Activities Agencies Main Contents 2013/ / / / /08 Affected Villages Affected Villages Affected Villages Affected Villages Affected Villages Distribution of RIB Disclose resettlement plan LA announcement DMS and disclosure of results Updated RP disclosure FDLRB, village leaders, and all AHs IA, FDLRB, village leaders, and all AHs IA, FDLRB, village leaders, and all AHs IA, FDLRB, village leaders, and all AHs District Land Resouces Bureau, the Owner and all affected people Main contents of the RIB include:overview of the Project, land-acquisition plan, resettlement policy, right of compensation, compensation standard, implementing institutions, channel for appeal and resettlement plan, etc. Place the resettlement plan in offices of the village committees/neighborhood committees so that the affected people and units and individuals who are interested in this project can consult it without hinders. Before it, the Project Office will publish an announcement on local newpaper to explain the specific site for consulting this land-acquisition compensation-resettlement plan; The resettlement plan with a Commitment Letter signed by the District Government will also be posted on ADB Website. Main contents of the Announcement: Project profile, scope of land-expropriation, policy of resettlement (including scheme of land adjustment and compensation standard), resettlement implementing agency, schedule of land-expropriation, rights and obligations of the affected people, channel and mechanism of appeal and monitoring & evaluation plan, etc. Before land use, FDLRB will conduct a DMS to determine the affected physical quantities, including land area, demolition area, and affected ground attachments and infrastructure as a basis for compensation, and disclose the DMS results. The procedure is as follows: Hold a meeting to introduce brief information, compensation and resettlement policies and programs, and purpose and method of the DMS; conduct the DMS with the confirmation of proprietors; disclose the DMS results for supplement or correction, and then disclose the final compensation and resettlement programs. The RP will be made available to the APs at the village committee. The PMO will disclose the access point of this RP on the announcement published on a local newspaper. 26

37 4.2 Appeal Mechanism 11. To ensure that opinions of the affected people on such issues as land occupancy, compensation and personnel resettlement can be solved in an open and fast way to avoid personnel affected by the project to be forced to resort to adopt complex formal channels to express their dissatisfaction or complaint, the project owner has established handling procedures involved with appeal of the project, with specific steps as follows: 12. Step 1: In case the affected persons or village committees have any objection to the land compensation resettlement plan, they can propose an oral or written appeal to the township government. If they file their appeal orally, it is required to be addressed by the township government with a written record. The township government shall make a disposition within one week; 13. Step 2: In case the affected persons are still unsatisfied with the disposition in Stage 1, they can still appeal to Fuling District Land Resources Bureau or the Resettlement Office in accordance with relevant laws and regulations of Chongqing, the Land Resources Bureau or the Resettlement Office shall make a disposition within 10 days; 14. Step 3: In case the affected persons remain unsatisfactory with the disposition in Stage 2, they can lodge an appeal to Fuling District Project Management Office after receiving the disposition, and the District Project Office shall make a disposition within one week; 15. APs can decide to go through the legal system directly and may decide not to use the project level grievance channels. 16. APs can file a lawsuit aiming at any aspect of the resettlement, including compensation rates etc. The above channel of appeal will be notified to APs by way of meeting and RIB so that the APs can get a full awareness of their right to appeal. At the same time, the media will be utilized to strengthen publicity, and the opinions and proposals of various aspects on the work of resttlement will be solidified into information provisions, which shall be studied timely and solved by the resettlement agencies at all levels. All these agencies shall receive complaints and appeals from the affected people free of charge, and reasonable expenses arising therefrom will be paid out from unforeseeable fee of migration resettlement. For channel of appeal, see Figure 4-1, and ways of contacting persons responsible for appeal channels in all stages are shown in Table The aggrieved person may also express grievance to the external monitor, who would then report it to FDLRB, the IA, and the PMO. Alternatively, the aggrieved person(s) may submit a complaint to the ADB s Project Team to try to resolve the problem. If good faith efforts are still unsuccessful, and if there are grievances that stemmed from a violation of ADB's safeguard policy, the APs may appeal directly to ADB in accordance with ADB's Accountability Mechanism (2012). 3 3 Before submitting a complaint to the Accountability Mechanism, the affected people should make a good faith effort to solve their problems by working with the concerned ADB operations department. Only after doing that, and if they are still dissatisfied, should they approach the Accountability Mechanism

38 District Legal Department Fuling District Project Office District Discipline Inspection Dept. Fuling District Land&ResourcesBureau/Relocation Office External Monitoring Agency District Petition Letter Dept. Township Governments Affected Households/Village Committees Figure 4-1: Appeal and Grievance Redress Step 1 Step 2 Step 3 Step 4 Table 4-5: Contact Persons in Charge of Appeal Channels in All Stages Office Item Way for Appeal Person in Charge Post Telephone Jiaoshi Township Government Damu Town Government Fuling District Land Resources Bureau Fuling District Project Office Fuling District Legal Department Fuling District Commission for Inspecting Discipline Fuling District Letter and Visits Department Liu Hua CPC Secretary Li Fugang CPC Secretary Ou Xiuquan Section Chief Shi Bo Section Chief Shu Banglin Section Chief Li Can Section Chief Yang Zhi Section Chief

39 5 Legal Framework and Resettlement Policies 5.1 Pinciple of Land Acquisition and Resettlement 1. The first goal of this RP is to ensure income of the affected people can be restored to enhance their standard of living and reduce social and environmental impact. The following is the summary principles used for land occupancy and resettlement. Purpose of these principles about compensation, resettlement and restoration is that during period of resettlement, the affected individuals can be given adequate compensation to restore and enhance their living standard. (i) (ii) (iii) (iv) (v) (vi) The compensation and rights received by the affected persons can at least maintain their living standards as same as prior to dispossession of assets, and may probably be improved accordingly; Take measures as far as possible to minimize negative impact of the land acquisition; Conduct serious consultation with the affected people in terms of land compensation and resettlement so that they have a chance to comprehensively participate in the planning and implementation of the compensation and resettlement program; All the affected property will be compensated by full replacement cost; Try to take the principle of building first and demolishing later or to making compensation first and demolishing later. Displacement will not occur until after full compensation has been paid and other entitlements provided; Show concern for the vulnerable groups, trying to lay out special measures to protect the vulnerable groups such that situation of their livehood will not get worse because of land occupancy. 5.2 Applied Laws and Regulations 2. The land compensation policy of this project is finalized after full consultation with the land resouces bureau, labor and social security bureau, the affected towns and representatives of the affected households, with basis for formulating the policy as follows: (i) Land Administration Law of the People's Republic of China (August 28, 2004, Revised Edition), and related laws and regulations; (ii) The Organic Law of the Villagers Committee of the People s Republic of China, November 4, 1998; (iii) Land Management Regulations of Chongqing (Chongqing Municipal Government Order No. 53), January1,1999; (iv) Land Acquisition Compensation and Resettlement Methods of Chongqing (Municipal Government Order No.55, January 1, 1999; (v) Notice of Chongqing Municipal Government on Adjusting Matters Concerning Compensation and Resettlement Policies for Land Acquisition (YU FU FA [2008] No.45 Document); (vi) Notification of Fuling District Government on Adjusting Matters Concerning Policies of Compensation and Resettlement for Land Acquisition and House Demolition (FU FU FA [2008] No.138 Document); and (vii) Asian Development Bank Safeguard Policy Statement (2009) Safeguard Requirements 2: Involuntary Resettlement. 5.3 ADB s Policy Requirements on Involuntary Resettlement 3. ADB s Safeguard Policy Statement has three key elements for involuntary resettlement: (i) compensation for lost properties, livelihoods and income; (ii) assistance in resettlement, including the provision of a resettlement site, and appropriate facilities and 29

40 services; and (iii) assistance for restoration, as a minimum, to the standard of living before the project. Planning and implementation should take into account the following basic principles: (i) Screen the project early on to identify past, present, and future involuntary resettlement impacts and risks. Determine the scope of resettlement planning through a survey and/or census of displaced persons, including a gender analysis, specifically related to resettlement impacts and risks. (ii) Carry out meaningful consultations with affected persons, host communities, and concerned nongovernmental organizations. Informally displaced persons of their entitlements and resettlement options. Ensure their participation in planning, implementation, and monitoring and evaluation of resettlement programs. Pay particular attention to the needs of vulnerable groups, especially those below the poverty line, the landless, the elderly, women and children, and Indigenous Peoples, and those without legal title to land, and ensure their participation in consultations. Establish a grievance redress mechanism to receive and facilitate resolution of the affected persons concerns. Support the social and cultural institutions of displaced persons and their host population. Where involuntary resettlement impacts and risks are highly complex and sensitive, compensation and resettlement decisions should be preceded by a social preparation phase. (iii) Improve or at least restore, the livelihoods of all displaced persons through (i) land-based resettlement strategies when affected livelihoods are land based where possible or cash compensation at replacement value for land when the loss of land does not undermine livelihoods, (ii) prompt replacement of assets with access to assets of equal or higher value, (iii) prompt compensation at full replacement cost for assets that cannot be restored, and (iv) additional revenues and services through benefit sharing schemes where possible. (iv) Provide physically and economically displaced persons with needed assistance, including the following: (i) if there is relocation, secured tenure to relocation land, better housing at resettlement sites with comparable access to employment and production opportunities, integration of resettled persons economically and socially into their host communities, and extension of project benefits to host communities; (ii) transitional support and development assistance, such as land development, credit facilities, training, or employment opportunities; and (iii) civic infrastructure and community services, as required. (v) Improve the standards of living of the displaced poor and other vulnerable groups, including women, to at least national minimum standards. In rural areas provide them with legal and affordable access to land and resources, and in urban areas provide them with appropriate income sources and legal and affordable access to adequate housing. (vi) Develop procedures in a transparent, consistent, and equitable manner if land acquisition is through negotiated settlement to ensure that those people who enter into negotiated settlements will maintain the same or better income and livelihood status. (vii) Ensure that displaced persons without titles to land or any recognizable legal rights to land are eligible for resettlement assistance and compensation for loss of non-land assets. (viii) Prepare a resettlement plan elaborating on displaced persons entitlements, the income and livelihood restoration strategy, institutional arrangements, monitoring and reporting framework, budget, and time-bound implementation schedule. (ix) Disclose a draft resettlement plan, including documentation of the consultation process in a timely manner, before project appraisal, in an accessible place and a form and language(s) understandable to affected persons and other 30

41 (x) (xi) (xii) stakeholders. Disclose the final resettlement plan and its updates to affected persons and other stakeholders. Conceive and execute involuntary resettlement as part of a development project or program. Include the full costs of resettlement in the presentation of the project s costs and benefits. For a project with significant involuntary resettlement impacts, consider implementing the involuntary resettlement component of the project as a stand-alone operation. Pay compensation and provide other resettlement entitlements before physical or economic relocation. Implement the resettlement plan under close supervision throughout project implementation. Monitor and assess resettlement outcomes, their impacts on the standards of living of displaced persons, and whether the objectives of the resettlement plan have been achieved by taking into account the baseline conditions and the results of resettlement monitoring. Disclose monitoring reports. 5.4 Policy Gaps 4. The CMG Order No. 55 documents were in effective on 1 January 1999 following the Regulations on the Implementation of the Land Administration Law of PRC (1998), which stipulated detailed compensation and resettlement measures including the disbursement channels of compensation for land loss exactly refer to the Article No.26 of the above mentioned PRC regulations. In addition, No. 55 document also stipulated the organizational arrangement for the implementation and management of land acquisition and resettlement. 5. However, this document was annulled by a latest CMG [2008] No.45 document which paid more attention on the APs who will be urbanized after land loss. 80% of the land compensation and resettlement subsidy will be only benefited by the APs who will be urbanized after land loss. With updated compensation rates in the latest document, there is no detailed description on the compensation and resettlement of non-urbanized APs after land loss. The entitlements received by the APs will be different depend on if they will change to urban households registration. Under this policy: (i) The rate of land compensation fee is based on the region where it is located and it s the same for all types of land. (ii) Resettlement subsidy is calculated based on number of the agricultural population that needs to be resettled for the production resettlement. The agricultural population to be converted into urban status is the sum of the acquired cultivated land area and 0.5 times the acquired non-cultivated land area divided by the per capita cultivated area of this village before land acquisition. 6. Considering the incompleteness of each of the two documents outdated compensation rates in Document No. 55 and the silence on non-urbanized APs after land loss, full consultation with the affected villagers and land resource bureasu were conducted to fill these policy gaps. Due to the impacts on the farmers are limited and the land to be acquired is scattered, affected farmers will not be changed to urban households based on consultations. Land compensation and resettlement subsidy will be paid to the village committees if the village can provide reserved land to the APs and the compensation for standing cops will be paid to the APs directly. All APs can receive the same entitlements after land acquisition. Endorsement letter from FDLRB and affected village groups on land using is presented as appendix Compenstation Rates Compensation Rates of Permanent Land Acquisition 7. The compensation for land includes land compensation fee, resettlement subsidy and compensation for standing crops. Related compensation rates are shown in Table

42 Land Compensation rates (RMB/mu) Table 5-1: Compensation Rates of Permanent Land Acquisition Resettlement Subsidy (RMB/person 4 ) Young Crops Compensation rates (yuan/mu) Vegetables (including cash crops) Grains 12,000 26,000 1,540 1,210 According to the survey, in the project area, average annual output value (AAOV) of the cultivated land in previous 3 years was RMB 1,100/mu, the rate of land compensation fee is 11 times of the AAOV. According to Chongqing policy, Resettlement subsidy is calculated based on number of the agricultural population that needs to be resettled for the production resettlement. The agricultural population to be converted into urban status is the sum of the acquired cultivated land area and 0.5 times the acquired non-cultivated land area divided by the per capita cultivated area of this village before land acquisition. The mathematical calculation is presented in table 5-2. The amount/unit rate of resettlement subsidy for cultivable land is calculated on the basis of number of times of AAOV and per mu (which is 23.6 times the average annual output value of the land) while the distribution of the resettlement subsidy as per regulation is per urbanized person. In this subproject APs did not opt to be urbanized so the total amount land compensation fee and resettlement subsidy will be paid to the village collective and the compensation for standing crops will be paid to the affected households. Totally, the land compensation fee and resettlement subsidy is 35 times of the AAOV in the past 3 years. 8. Table 5-2 Calculation of agricultural population to be converted into urban status Village Group Per capital land holding (3) Areas of land acquired (mu) Cultivated land (1) non-cultivat ed land (2) Agricultural population to be converted into urban status (4)=[(1)+(2)*0.5]/(3) Dongquan Xinjing Bailu Yuelai Xiangyang Yingxin Subtotal Sum of the acquired cultivated land area and 0.5 times the acquired non-cultivated land area divided by the per capita cultivated area of this village before land acquisition. 32

43 5.5.2 Compensation Rates of Temporary Land Occupation 9. Temporary land occupation will be about 6 months and the IA will be responsible for restore the land. The compensation will be RMB1,540/mu for vegetables (including commerical crops) and RMB1,210/mu for grains. According to the survey, in the project area, average annual output value (AAOV) of the cultivated land in previous 3 years was RMB 1,100/mu, and for vegetables 5 was RMB 1300/mu, and the compensation is higher Compensation Rates of Rural Houses 10. The compensation rates for house demolition have been fixed by reference to the construction costs of similar local housing in 2012, which reflect the replacement cost; the final rates will be agreed between the demolisher and displaced persons on this basis after a field appraisal by a real estate appraisal and surveying company. Detailed compensation rates of the involved housing demolition are shown in Table 5-3. House compensation Table 5-3: Compensation Rates for House Demolition Category Item Unit Rate Remarks Simple Masonry concrete Yuan/m structure Other compensation Earth wall structure Transition subsidy Moving subsidy Yuan/m RMB150/person/month, based on 6 months. If the transition period is more than 6 months, the subsidy will be paid based on actual period. For the HHs who move out in the required period, a lump-sum subsidy will be paid, with RMB500 to a household with family members less than 3 persons (3 persons included), and for a household with more than 3 members, additional RMB100 will be paid to each additional person, but the added sum to each household shall not exceed RMB1,000. Demolition subsidy For the HHs who demolish the housed in the required period, RMB 2,000 will be paid to such a household with family members 3 persons or fewer, and for a household with over 3 members one additional member will be granted with subsidy of RMB Compensation Rates of Ground Attachments 11. Compensation rates of the ground attachments will be executed in accordance with relevant policy in Fuling FU FA No.138 Document. Specific compensation rates for ground attachments in this project are shown as Table 5-4. Related compensation rates are determined based on the market prices which reflect replacement cost. 5 Nearly all vegetables are for household consumption. 33

44 Table 5-4: Compensation Rates of Affected Ground Attachments Item Designation Structure Unit Unit Price Stone ridge and enclosing wall (including fish pond Brick m 3 39 bank) Building Attachments Water Well Motor-pumped well Well 700 Tomb Single person Tomb 400 Small Flat Ground Manure pit, water reservoir Cement m 2 9 Cement m 3 9 Public Facilities Electric pole Round pole with length over 9 m Piece 90 Wire Outdoor lighting wire Meter Entitlement Matrix 12. The cut-off date for identification of entitlement to compensation is the date on which the announcement of land acquisition and house demolition is released. After this date, the affected enterprise should not build, rebuild or expand their properties; should not change the uses of its land; shall not lease its land, lease, sell or purchase its properties; and any person that moves in after this date shall not be entitled to compensation. 34

45 Table 5-5: Entitlement Matrix Type of impact Degree of impact Affected people Rights Compensation policies and rates Permanent 257 mu, including 6 villages, 357 people in acquisition of 47.3 mu of cultivated 96 households collective land land Demolition of urban residential houses Total demolition area 770 m 2, 625 m 2 of brick concrete structure, 145 m 2 of soil wall structure. 5 households with 21 (i) persons; 1 HH just loses non-residential houses and will not be relocated (ii) (i) The village will receive land compensation fees and resettlement subsidy; (ii) Compensation for standing crops will be paid to the AHs; (iii) The AHs will receive free training; (iv) The village collective will use the compensation for community facilities. (v) Jobs during construction and maintenance will be provided. (vi) Replacement land of equivalent quantity and quality will be provided to APs (vii) If the VC can t provide replacement land, resettlement subsidy will be allocate to the APs Receiving house compensation at replacement cost, and transition subsidy, moving subsidy and relocation subsidy; Providing housing plots in the same community provided by local village freely; Land compensation: 12,000 yuan/mu Resettlement subsidy: 26,000 yuan/person (urbanized quota = sum of the acquired cultivated land area and 0.5 times the acquired non-cultivated land area divided by the per capita cultivated area of this village before land acquisition) Standing crops: 1,540 yuan/mu for vegetable, 1210 yuan/mu for grain Simple Masonry concrete structure: 459 yuan/m 2 Earth wall structure: 255 yuan/m 2 Transition subsidy: 150/month/person, based on 6 months (actural transition period is 3 months); Subsidy for House Moving Subsidy for Relocation Household with 3 and less than 3 members member household HH member household member household 800 Household with 3 and less than 2,000 3 members HH 4-member 2,500 35

46 Type of impact Degree of impact Affected people Rights Compensation policies and rates household 5-member household 6-member household Vulnerable groups Ground attachments and public facilities 370 m 2 will be 3 households with 13 demolished. 2 HHs persons need to be relocated, and another 1 HH just loses non-residential houses and will not be relocated. Including electric pole, well, tombs, etc. Proprietors (i) The villages will provide necessary assistances before, during and after relocation; (ii) They can have the priorities to select the location of the housing plots; (iii) The unskilled job opportunities will be provided to them during construction and operation. The compensation for ground structures or attachments is paid to proprietors. Compensation will be paid at replacement cost or such facilities restored by the demolisher to the original size and standard. 3,000 3,500 Refer to the compensation rates for demolition of residential houses. Designation Structure Unit Stone ridge and enclosing wall (including fish pond bank) Water Well Brick Motor-pumped well Cubic meter Unit Price 39 Well 700 Tomb Single person Tomb 400 Small Flat Ground Manure pit, water reservoir Electric pole Wire Cement Cement Round pole with length over 9 m Outdoor lighting wire Square meter Cubic meter 9 9 Piece 90 Meter 2 36

47 6.1 Objectives and Principles 6 Resettlement Measures 1. According to evaluation on project impact in this stage and survey results of the production and livehood situation of the affected residents, analysis has been made to identify goals of land acquisition compensation and resettlement as follows: Allow per capita net income of the affected households to be restored to the level before resettlement; Enable production and living conditions of the affected households to be improved; Allow public infrastructure, school, hospital, level of social welfare and natural environment, etc. to be as same as that before the resettlement or somewhat improved in comparison with that before the resettlement, and enrollment rate of school-age children and basic medical coverage maintain the original level. 6.2 Plan of Income Restoration Provision of Replacement Land 2. For the 58 HHs that will loose cultivated land, the per capita cultivated land loss is 0.2 mu, and per capita cultivated land holding in the project affetced villages is over 1 mu. Consultations with the APs indicate that most of the perople farming on the land is the older people and women, so they prefer to have land. Also cash compensation for such minor land acquisition can t bring a lot of money. After the land acquisition, each village will allocate the village s collective reserved land to them. During recent years, as Chongqing is implementing the Chongqing Urban-rural Balanced Development and Reform and the urbanization rate of Fuling is 60%. Some rural villagers return their land to the villages and change to urban household registration, so the villages have some reserved land, as shown in table 6-1. Location and conditions of the newly-allocated land will not be worse than that of the original land. So that the production level and living standard of the personnel affected by land loss would not be decreased. By providing the replacement land, the per capita land holding of the AHs will be the same as before, consequently it won't bring impacts on their income. Table 6-1 Reserved Land in Affected Village Groups Reserved land (mu) 6 can Village Village group Acquired land (mu) be allocated to the APs of this project Dongquan Village Xinjing Village Bailu Village The number is a dynamic data. The data in this table is the number of reserved can be allocated to the APs of this project. Some other reserved land is far or not have the same quality. 37

48 Reserved land (mu) 6 can Village Village group Acquired land (mu) be allocated to the APs of this project Yuelai Community Xiangyang Village Source: Village Committee Utilization of Compensation of Villages 3. Land compensation fee and resettlement subsidy will be paid to the village collectives, For this part of the compensation, villager meetings will be held to discuss the way of using such funds. Some village collectives plan to use this compensation fund for improvement of village s infrastructures such as building village roads that connect the trunk highway, improving irrigation facilities and rebuilding old-dangerous houses in schools. In addition, some villages will, in line with local conditions, use such compensation to develop agriculture and animal breeding, for instance, making an investment in establishment of pig-producing cooperatives, which will attract local villagers to be employed. Fuling district is famous for development of farmer s cooperatives in Chongqing. The village will utilize the fund to buy piglets and the villagers raise them, and the cooperative will provide skill training, animal epidemic prevention and sell all the pigs. Fodder is purchased by the cooperative in order to reduce the cost. This can make a contribution of 10,000 yuan to each household. Fuling already have some good practices, and these affected villages lack of fund. 4. Preliminary plans to use the compensation are listed in Table 6-2. Consultations with the villagers verify that they all think the compensation will bring benefits to the villages and improve the facilities of the community. Village Dongquan Village Xinjing Village Bailu Village Yuelai Community Xiangyang Village Yingxin Village Table 6-2: Planned Uses of Land Compensation Total Sum of Compensation Money(RMB) Plan 1 Plan 2 Establish cultivation 1,536,000 Mend roads in the village specialized cooperatives 2,182,000 Improve the irrigation system Improve basic medical service 98,000 Establish cultivation specialized cooperatives 508,000 Set up cultivation specialized Mend roads in the cooperatives village 566,000 Rebuild dangerous buildings of primary school 664,000 Develop rural tourism Develop flowers & plants plantation Skill Training of Affected Persons 5. Results of questionnaire sample survey show among 82 persons of working age, more than half of them expressed their willingness of attending training of labor skills. In order to enhance level of production and livehood of the affected persons, the government will make an arrangement for special training courses of skills, including training for agricultural and non-agricultural industries, to encourage participation of the affected farmers so as to help them in broadening the way of increasing income. In addition to local government agencies 38

49 routine training opportunities, this RP sets an 60,000 CNY fund to for APs for both non-farm and farm skill training. Table 6-2 presents the training plan and schedule. (i) (ii) Contents 1. Non-farm skills Agricultural training: Fuling District Agriculture Bureau takes the lead to organize agriculture technical school to deliver training courses including cultivation, breeding, processing of agricultural products, development of agricultural industry, such as training of techniques for mustard planting, pig breeding and crop pest control, etc. All training programs are to be provided free of charge, villagers can attend as they like. Non-agricultural training: Fuling District Employment Bureau collaborates with several vocational training schools which undertake task of vocational training to gradually perform completely covered training of the personnel who are willing to do it. In terms of training content, job posts with relatively great social demand are the key points so that the trained personnel meet demand of human resources market. Training contents primarily cover computer training, cook training, etc. Free training service is the main part of such training. If training course requires a fee, the Employment Bureau will provide subsidy for such training. Some vocational training schools specially allocate personnel and equipment to conduct training in each village, thus people living in the project-involved regions are able to learn practical technology without going out of their houses. For the qualified personnel after training, the Employment Bureau and the training schools will conduct a series of activities for employment recommendation, and make every endeavor to solve employment of these personnel through various ways such as positive recommendation to related enterprises, holding special job fairs and organizing the trainees to participate in some large-scale career fairs. 1.1 Development of rural tourism, operation of rural inns 2. High-value farming 2.1 Mustard buber planting 2.2 Pig raising & antiepidemic technology 2.3 Pest control for crops Total Table 6-3: Training Provided by Local Government No. of No. of Courses Organizers Trainees 2 Labor & Social Security Bureau, Date 50 (20 female) Agricultural Bureau, 3 Women s Federation, etc. 50 (20 female) (40 female) Employment Driven by the Project 6. During the project construction and operation and maintenance of later stage, the project will give priority to employment of the farmers affected by the project, and these farmers can be temporary workers of the project works. This will create some employment opportunities for local people in order to help increase their income. It is estimated that during the construction period, about 300 temporary workers are needed and contractors will try to hire more local villagers, which wll account for at least over 30%. Meanwhile, for the job opportunities provided to the local, 30% will be reserved for women. 6.3 Relocation Program of Rural House Demolition 7. Survey on the AHs show all 4 households need to be relocated will choose the way of self-building houses. The standard of the allocated homestead plot is 30 m 2 per capita, at least 90 m 2 for each household, with maximum of 120 m 2. From table 2-4, for those 4 HHs and 19 39

50 persons, the total housing plots is 420 m 2 and the per capita is 24 m 2. Averagely, the standard of 30 m 2 is higher than before. 8. Before house demolition, the specific location of the homestead will be determined by the village collective after consultation with the AHs. Conditions of the location of the newly-allocated homestead will not be inferior to that of the original housing section. As the AHs are scattered, field survey shows all the villages can provide leveled homestead for them. The AHs will still live in the same community. 9. For instance, a household with 4 family members originally have 200m 2 brick-concrete structure houses. With demolition of their houses, they will obtain housing compensation of 200 * 459 =RMB91,800. Other compensation comprises RMB3600 of transition, RMB600 as house moving subsidy, RMB2,500 as relocation subsidy, and compensation for house attachment and decoration, so total compensation fee will exceed RMB100,000. Materials recycled from the old houses can be used for building new houses. All 3 AHs believe that the house demoliton this time is a chance for them to improve their living conditions. 10. During 3-4 months transition period, villagers usually live in their relatives or friends houses, and they don t need to pay. If they rent house in the village, the cost will be 500 yuan/month, and the transition subsidy is 600 yuan for 6 months, and it s sufficient. 6.4 Resettlement of Vulnerable Groups 11. House demolition will affect 3 poor households, and 2 HHs need to be relocated while another 1 HH only have non-residential house demolition. By now, these 3 HHs are receiving the minimum living subsidy from the government. Special assistance will be provided to them, including: (i) the communities and villages will provide necessary assistances before, during and after relocation, including free labor to construct new housing and moving house; (ii) they can have the priorities to select the location of the housing plots; (iii) the unskilled job opportunities will be provided to them during construction and maintenance. 6.5 Temporary Land Occupation 12. For the arable land temporarily occupied by the project, compensation will be given to the affected HHs at RMB1,540/mu for vegetables (including commerical crops), and RMB1,210/mu for grains, which is higher than the AAOV. Before implementation of the project, the IA is required to discuss and identify a compensation scheme and sign a temporary land acquisition agreement with each village committee. Representatives of the affected households are required to sign agreement on the temporary land occupancy which is then signed and confirmed by the village committee, and finally submitted to Fuling District Land Resources Bureau for approval and filing records. The IA can use the land only after the approval-reply for the temporary land acquisition is issued. Period of temporarily expropriating land shall not exceed two years. When the project is completed, the IA is responsible for restoring original function of the land. 6.6 Restoration of Affected Ground Attachments 13. Ground attachments affected by permanent land acquisition of the project primarily comprise young crops, ground structures and some specialized infrastructures. The project owner will provide compensation rates for the affected young crops based on unified rates stipulated in FULING FU FA [2008] No.138 Document, namely, RMB1,540/mu for vegetables (including commerical crops), and RMB1,210/mu for grains. In terms of facilities such as electricity poles and wires, the owner will give compensation following the determined compensation rates. 14. For the 10 graves affected by the project, the resettlement implementing agency will issue a Notice of Matters on Grave Relocation in advance before land acquisition, and pay grave-relocation compensation to the grave relocation households at rate of RMB400/tomb. The village collectives will provide new land freely to relocate the graves, and the new land is 40

51 still within the village and near the old location. The compensation is suffiient to build new tombs. Local custom of grave relocation here is identical to that of other places without special precautions, primarily on selection of a grave-relocation date according to Chinese FengShui (a kind of geomancy). 41

52 7 Resettlement Budget 7.1 Resettlement Budget 1. The budget includes 5 parts: (1) Compensation for permanent land acquisition; (2) Compensation for temporary land occupancy; (3) Compensation for demolition of the affected rural houses; (4) Compensation for ground attachments; and (5) Other related costs. The resettlement cost of this project is RMB million, of which, land compensation for permanent land acquisition is RMB 3.08 million, resettlement subsidy RMB 2.47 million, young crops compensation rates RMB 57200; compensation for temporary land occupation RMB12,700; compensation for rural housing relocation RMB million; compensation for ground structure-attachments RMB 32,400; and other costs (including resettlement planning and implementation & management rates, costs of practical technical training of the affected farmers, external monitoring rates, basic contingency, etc.), totaling RMB million. For details, see Table

53 Table 7-1: Fund Budget Sheet No. Item Unit Part 1 Permanent Land Expropriation Compensation Rates (RMB/Unit) Total Quantity Total Costs 1.1 Land compensation rates mu 12, ,084, Resettlment subsidy person 26, ,470, Young crops compensation mu 1, ,233 Subtotal RMB Part 2 Temporary Land-occupancy mu 1, ,705 Subtotal Part 3 Compensation for affected rural house demolition 3.1 Compensation for houses Brick-concrete structure M² ,875 Cob wall structure M² , Other Compensation rates Household with 3 and less than members member Subsidy for House household 1,200 Moving 5-member household member household 800 Household with 3 and less than 3 2,000 1 members 2,000 4-member 2,500 Subsidy for household 2 5,000 Relocation 5-member 3,000 household 1 3,000 6-member 3,500 household 1 3,500 Transition Rates 7 HH ,100 Subtotal RMB Part 4 Compensation for Affected Ground Attachments 4.1 Stone ridge, enclosing wall m , Water well well , Tomb Tomb , Small flat ground m , Manure pit, water reservoir m , Electric pole piece , Wire meter ,000 A-Subtotal RMB 32,350 B-Total of Part 1~Part 4 RMB 6,009,588 Part 5 Other Relevant Cost (% of B) 5.1 Planing-designing RMB , Management implementing RMB , Technical training RMB , Monitoring-Evaluation RMB , Contingency RMB ,959 C-Subtotal RMB 1,141,822 Total Costs RMB 7,151, Funding Sources 2. According to the project construction plan, the resettlement fund of this project belongs to Fuling District government fund. 7 Totally only 2 persons in 1 household affected by demolition of their attached rooms will not be provided with compensation of this item. 43

54 7.3 Fund Flow and Disbursement Plan Fund Flow 3. During implementation, the project will, in accordance with the compensation policy and compensation rates determined in the RP, audit an agreement of compensation and resettlement signed by Fuling District resettlement implementing agencies and the households involved with land occupancy and house demolition, and then Fuling District Finance Bureau will allocate the land-acquisition and house demolition compensation to the affected villages and towns which then grant them to the affected collective economic organizations or individuals. Fuling District project leading team conducts necessary supervision on and guidance to the use of such compensation to prevent misappropriation of this fund. For payment flow chart of the resettlement fund, see Figure 7-1. Figure 7-1: Fund Flow Chart Fuling District Finance Bureau Land Compensation Rates and Resettlement Subsidy Young Crops Compensation Rates & Attachments Compensation Rates Compensation rates for House Demolition Affected Village Collective AHs Affected Agricultural Households and Owners 44

55 7.3.2 Disbursement Plan 4. Payment and use of the compensation fund are executed under supervision and management of an internal monitoring division, and examined and verified by an external monitoring agency. Fuling District Finance Bureau allocates various sorts of compensation rates to each affected towns according to construction project, and then grant them to the affected collective economic organizations and individuals: (i) (ii) (iii) (iv) All costs related to demolition and resettlement will be included in the total project budget, and compensation rates for demolition-resettlement and other cost will be paid directly to the relevant units and individuals; Use of land: District Resettlement Office signs an agreement of land-acquisition compensation and ground attachment compensation with the towns and the village committees affected by the project. Compensation funds will be allocated to the affected villages by the District Finance Bureau in accordance with items, quanitity, time and sum stipulated in agreement of land-acquisition compensatin, and then granted to each village comittee, with compensation for ground attachments being paid directly to the owners. Housing: Land acquisition institution signs a written agreement with the reloctees on the contents of the compensation rates, mode of resettlement and demolition period. Compensation is directly allocated to the relocatees. Other costs: The project implementing agency is entitled to use such funds. In case the budgetary reserve is in shortage due to inflation and other factors, it shall be immediately reported to the relevant departments. 45

56 Owners of ground attachments Persons affected by house demolition Persons affected by land-acquisition 8 Institutional Arrangement 1. To ensure good organization and leadership in project preparation and construction, an ADB Project Leading Team has been jointly formed by specific leaders from District Development & Reform Commission, Land Resources Bureau and Transport Bureau under the unified coordination of departments of Fuling District Government, with the District Executing Vice-Head acting as the Team Leader, a Deputy District Head and Director of the District Development & Reform Commission as deputy heads, who are responsible for coordination among various departments. A project management office will be eastablished under this leading team to perform overall management of the project implemention on behalf of Fuling District Government. As the decision-making adminstrative agency of the project, it is responsible for specific work of the project management, including contact with the ADB. 8.1 Resettlement Implementing Agency 2. Under the unified leadership of Fuling District ADB Project Leading Team, Fuling District ADB Project Management Office is responsible for overall project management. The project owner is Chongqing Fuling District Traffuc - Tourism Construction Investment Group Co., Ltd., who is responsible for specific implementation of the project, including preparation and coordination of preparing a resettlement report in early stage, coordiation with the district resetlement implementing agency for APs resettlement during land-acquisition implementation, and monitoring & evaluation in later stage of the project implementation. In each affected township and village committee, members of this Management Office will coordinate the work of resettlement. Relationship of its organizational structure is shown in Figure 8-1. Fuling District ADB Project Leading Team Internal Monitor ing Fuling District Traffic-Tourism Construction Investment Group Co., Ltd. (IA) Fuling District Land - Resources Bureau External Monitoring Agency Governments of townships where the Project is located Figure 8-1 Resettlement Implenentation Agency 46

57 8.2 Agency responsibilities Fuling District ADB Project Leading Team 3. Its primary duties are to organize resettlement work of this project, liable for policy formulation of the resettlement activities in the implementation areas of this project, and organize and coordinate relationship of the resettlement agencies at all levels. (i) (ii) Coordinate work of relevant government departments in the stage of project preparation and implementation; Make decisions on major matters in relation to the construction and resettlement of this project. Fuling District ADB Loan Project Management Office 4. Its main duties are to deal with daily affairs of the resettlement plan and in the implementing process. As project management agency, its main duties are to comprehensivley perform functions of management, planning, implementation, coordination, supervision and monitoring: (i) Conduct coordination, management, supervision and services during project implementation; (ii) Report progress of project implementation to Chongqing Municipal Government and ADB competent department; (iii) Formulate annual financial plan; (iv) Organize and coordinate preparation of Report of Resettlement Plan ; (v) Conduct quality control of the construction project; (vi) Carry out technical assistance and research of the project implementation, and conduct coordination of training; (vii) Preside and inspect activities of internal monitoring, and be responsible for the progress of compiling resettlement report; (viii) Give assistance to activities of external monitoring. 5. Chongqing Fuling District Traffic-Tourism Construction Investment Group Co., Ltd. The project IA is Chongqing Fuling District Traffic-Tourism Construction Investment Group Co., Ltd., which is the implementing agency (IA) and specially-assigned persons are responsible for supervision and management of resettlement activities. Its main duties comprise: (i) (ii) (iii) (iv) (v) (vi) Organize to make purchases by bidding; Entrust consulting agency to compile resettlement plan; Participate in and coordinate resettlement survey; Authorize or organize implementation of resettlement; Conduct supervision on and management of resettlement activities; and Regularly report progress of resettlement to Fuling District ADB Office and submit internal monitoring report. Fuling District Land Resources Bureau 6. Implementing body of this project is Fuling District Land Resources Bureau. (i) (ii) (iii) (iv) (v) (vi) (vii) Participate in preparation of resettlement plan; Implement resettlement activities pursuant to resettlement plan approved by ADB; Go through formalities related to land acquisition and house demolition; Give publicity to policy of resettlement and organize public participation; Put resettlement plan into practice, and submit it to the Owner and Project Office for the record; Take charge of the fund disbursement, and submit copies of payment document to the Owner and Project Office for the record; Deal with complaint and appeal arising from the resettlement. 47

58 Village Committee and Villager Group 7. Resettlement working team of the village committee and villager groups is composed of main cadres from the village committee and villager groups. Its duties include: (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) Participate in socioeconomic survey and investigation on project impact; Organize public consultation, and give publicity to policy on land acquisition and house demolition; Select sites for resettlement, and allocate homestead for the relocatees; Formulate land adjustment schemes and conduct land adjustment; Organize to implement activities such as agriculture and non-agricultural production resettlements; Be responsible for fund management and granting fund to specific households; Report opinions and suggestions of APs to relevant superior departments; Report progress of implementing resettlement; Help the relocatee households with difficulties. Designer Institution 8. The designer institution of this project is Chongqing New Era Engineering Consultation Co., LTD, whose major duties involve: (i) (ii) In the planning and design stage, make accurate survey on land-occupancy house-demolition physical indicators, environmental capacity and exploitable resources, etc. Assist the project-involved district government to formulate resettlement plan, compile compensation investment estimates of land-occupancy and house demolition, and report of land-occupancy and house demolition resettlement plan, and draw relevant drawings. In the implementation stage, timely provide the Owner with design documents, technical regulations, drawings and notifications and, by stages, offer the finalized design to the Project Office at various levels, help each Resettlement Office in implementation of migrant relocation and production resettlement, and improve and perfect the resettlement planning scheme according to actual situation. External M&E Agency 9. Fuling District ADB Office will employ a qualified monitoring & evaluation unit as external M&E agency, whose main duties include: (i) (ii) As an independent monitoring-evaluation agency, observe resettlement plan and all aspects of its implementation, conduct M&E of relocation and resettlement work, the implementation effect and APs social adaptability, and submit external M&E report to the Project Office and ADB. Offer technical consultation to municipal ADB Project Office in aspect of data survey and processing. 8.3 Staffing and Facility of Resttlement Agencies 10. For the smooth proceeding of resettlement work, resettlement agencies of the project at all levels are equipped with special staffing to form an unimpeded information transmission channel. Resettlement agencies at all levels are primarily composed of the administrative personnel and professional technicans, who all have certain professional level and quality of management, with considerable experience of resettlement. Staffing of the resettlement agencies of this project is shown in Table 8-1, and for leaders of relevant resettlement agencies, see Table

59 Table 8-1 Staffing of Resettlement Agencies Name of Agencies Staffing Staffing Make-up Fuling District ADB Project Leading Team 1 person Governmental Officials Project Owner 1 person Leaders and Staff of agencies Fuling District Resettlement Implementing Agency Village Committees at All Levels and Villages and Groups 5 persons Civil Servants and Staff 16 persons Cadres of Villages and Groups External Monitoring Agency 4-6 persons Experts of Resettlement & Social Affairs Table 8-2 Relevant Cadres Responsible for Resettlement of the Project Responsible Department Duties Cadres Post Fuling District Development and Reform Commission Perform overall coordination of the project on behalf of Fuling District ADB Project Leading Team Tao Yonggui CPC Vice-secretary Fuling District Finance Bureau Financial Management of Funds Chen Fenghua Director of the Bureau Fuling District Traffic Commission Responsible for various sorts of coordination work in early stage of the project, and cooperates with the owner unit to do a good job in such works as project implementation and reporting. Qu Lunming CPC Secretary Fuling District Land-Resources Bureau Responsible for policy consultation and working guidance in relation to compensation for land expropriation Qin Hongping Director of the Bureau Fuling District Traffic Tourism Construction Investment Group Co., Ltd. The project owner who implements the project Fan Bing Manager Jiashi Township Government Coordinates to complete work in early stage such as land acquisition Liu Hua CPC Secretary Damu Town Government Coordinates to complete work in early stage such as land acquisition. Li Fugang CPC Secretary Facility Allocated 11. District and towns resettlement agencies of this project utilize the existing resources, being equipped with basic office facilities, traffic equipment and communication devices, including office chair, computer, printer, telephone set, fax machine, vehicles, etc Training Plan 12. Purpose of training: to train administrative sfaff and technical personnel in relation to resettlement of the project such that they can get aware of and master relevant contents of the 49

60 resettlement to allow the resettlement plan of this project to be put into practice comprehensively. 13. Objects of training: based on the working content, the training is divided into 2 types: (i) Resettlement managers - the purpose is to conduct training of the project s executive management for resettlement and emergency measures. Purpose of training for them is to be aware of experience of the advanced nations in the aspect of the resettlement for highway construction and management, and give publicity to the staff working on the resettlment of this project. (ii) Staff in charge of resettlement - the purpose for them is to know about content, resettlement policy and measures to be taken for restoration involved with the project, and give assistance to the resettlement plan and ensure a smooth implementation. (iii) Way of training: the training is divided into 2 levels: training of senior management, which is sponsored by the resettlement office, where ADB officers, other governmental officials and experts will be invited to deliver lectures; training of common staff, which is sponsored by the District Resettlement Office and held in the district, to be directed by specially-assigned persons from the resettlement office of the project. (iv) Contents of training: including project profile and background, relevant laws & regulations, details, management, reporting procedures, cost management, M&E, report and handling of complaint, etc. in relation to the resettlement plan of the project. 50

61 9 Resettlement Implementation Schedule 14. Progress of the resettlement plan s implementation activities proposed by this project is shown as Table 9-1. The activities of land-acquisition and house demolition are expected to start in February 2013, and finish in August that year. Table 9-1: Aggregate Scheduling of the Resettlement Activities No. Tasks Agencies In-charge Goal Stage 1: Consultation and disclosure 1 2 Distribution of resettlement information booklets Distribution of resettlement plan to subproject office/affected villages (i) Fuling District Traffic Tourism Construction Investment Group Co., Ltd. (ii) Fuling District Land Resources Bureau (i) Fuling District Traffic Tourism Construction Investment Group Co., Ltd. (ii) Fuling District Land Resources Bureau 51 Affected village collectives and 147HHs 8 affected villages Completion Date Post RP on ADB website ADB Stage 2: DMS and Updating RP 4 5 Conduct DMS based on final design Update and finalize the resettlement plan based on the detailed survey Fuling District Land Resources Bureau (i) Fuling District Traffic Tourism Construction Investment Group Co., Ltd. (ii) Fuling District Land Resources Bureau Stage 3: Signing Agreement on Land Use and Compensation Resettlement 6 7 Signing Agreement with villages and HHs Payment of compensation money Fuling District Land Resources Bureau Fuling District Land Resources Bureau Affected village collectives and individuals Affected village collectives and individuals Building new houses AHs 3 AHs Moving to new houses 3 AHs Demolition of old houses The land is transferred to and expropriated by the Project Replacement land to provided to APs Stage 4: Implementation of Capability Building 13 Organize training of the persons who are responsible for compensation resettlement Fuling District Land Resources Bureau Fuling District Land Resources Bureau 12 AHs affected villages 58 AHs (i) Fuling District Traffic Tourism Construction Investment Group Co., Ltd. (ii) Employed professionals (iii) Fuling District Land-Resources Bureau Staff who implement resettlement work

62 No. Tasks Agencies In-charge Goal 14 Establish an Appeal and Complaint Committee Stage 5: Monitoring & Evaluation Fuling District Traffic Tourism Construction Investment Group Co., Ltd. 15 Baseline survey Monitoring agency Establish an internal supervision system Signing a contract of external monitoring 18 Internal monitoring Fuling District Traffic Tourism Construction Investment Group Co., Ltd. (i) Fuling District Traffic Tourism Construction Investment Group Co., Ltd. (ii) Monitoring agency Fuling District Traffic Tourism Construction Investment Group Co., Ltd. Accomplished in the stage of compiling RP Completion Date External monitoring Monitoring agency Report on completion of Fuling District Land Resources resettlement Bureau ADB = Asian Development Bank, AHs = affected households, APs = affected persons, DMS = detailed measurement survey, RP = resettlement plan. Source: Asian Development Bank estimates. 52

63 10 Monitoring & Evaluation 1. In order to ensure the successful implementation of the RP and resettle the APs properly, periodic M&E on resettlement activities will be conducted. Monitoring is divided into internal monitoring of resettlement agencies and independent external monitoring. M&E will begin in February 2013, and end half a year after the completion of resettlement, and the restoration of the APs production and livelihoods. Depending on the construction and resettlement progress of the Subproject, internal and external M&E reports will be submitted to ADB semiannually Internal Monitoring Implementing Procedures 2. Internal monitoring will be basically focused on resettlement progress.the impimenattaion agency of this subproject, will carry out internal monitoring with the assistances of FDLRB, subdistrict offices, affected villages. CPMO will coordinate and supervise the internal monitoring. 3. During RP implementation, IA will report to CPMO quarterly and the latter will then submit an internal monitoring report or prigress report that covers all subprojects to ADB quarterly. In such reports, the statistical data of the past 3 months will be tabulated to reflect progress through comparison of the actual and planned use of the land acquisition, resettlement and compensation fees. 4. Upon completion of all resettlement avtivities and before closing ADB loan account, IA will prepare a resettlement completion report which will then be forwarded to ADB by CPMO after its review and approval. 5. Monitoring content primarily comprises: (i) Compensation money paied for land-occupancy and to the relocatees; (ii) Restoration of APs income, including location and conditions of the newly-allocated land; (iii) Housing restoration, including allocation of homestead; (iv) Staffing, training, operating schedule and handling efficiency of the resettlement agencies; (v) Registration and handling of the APs complaint and appeal External Independent Monitoring Purposes and Tasks 6. Purpose of external M&E is essentially to conduct a regular M&E of the land-occupancy, house demolition and resettlement activities outside the resettlement agencies to evaluate if goals of resettlement are achieved. Through external M&E, opinions and recommendation on entire process of the resettlement and restoration situation of the APs production and living standard will be proposed, thus providing an early-warning system for the project management department, and a channel of response for the views of the APs. 7. The external monitoring agency will serve as an adviser of administrative organization and project implementation agency of this project, who will conduct tracking M&E of the implementaion activities of the RP, and propose its views for decision-making Independent Monitoring Agency 8. Pursuant to ADB requirements, this project will authorize a unit with qualification to act as independent external M&E agency. This external independent monitoring agency will 53

64 implement all elementary monitoring works by offering technical assistance to the project institutions at all levels, survey of the APs and investigation of living standard of the affected people according to relevant provisions Steps and Contents of Monitoring 9. Steps and contents of monitoring are as follows: 1. Compile work outline of M&E 2. Draw up outline of the investigation, survey form and record card of the affected residents 3. Scale of scheme design samples for sample survey: proporation of households affected by land-occupancy is no less than 20%; and that of relocatees is no less than 50%. 4. Basal survey Conduct basal survey required for independent M&E of the village households affected by land-occpancy of this project to acquire basic data about living standard (level of livehood, production-management and income) of the monitored relocatees. 5. Set up a M&E information system Establish a M&E information system, where, various sorts of data involved with M&E are to be classified to build databases which provide computer aid for analysis, tracking and monitoring. 6. Survey of Monitoring and Evaluation (1) Evaluation on the ability of the resettlement agencies: Make a survey on working ability and efficiency of the resettlement agencies (2) Monitoring of progress, compensation rates and typical relocatees: Conduct monitoring of cashing the residents compensation money, status of income restoration and quality of resettlement (3) Public participation and consultation: Participate in compilation of the project s resettlement plan and APs public participation in activities in the period of implementation and monitor effect of APs participation (4) Appeal of APs: Monitor registration and handling of the APs appeal 7. Monitor data collection and establishment of databases 8.Perform comparative analysis 9. Write M&E report according to the monitoring plan Monitoring Indicators 10. Major M&E indicators (1) Progress: including preparation and implementation of land acquisition, house demolition and resettlement. (2) Quality: including implementation results of the resettlement measures and satisfaction of the resettlement objectst. (3) Investment: including allocation and use of funds. 11. M&E will be carried out based on the survey data provided by the Survey and Designing Institute and resettlement implementation agencies. After getting a full awareness of the situation, evaluation will be conducted by way of holding interview with key objects and the rapid evaluation of rural area. 12. The independent monitoring agency will participate in public consultation meetings held in villages and towns. Accordingly, the monitoring agency is able to avaluate effectiveness of public participation and cooperative attitude of the APs to implementation of the resettlement plan. These activities will be conducted in the period of and after the implementation of resettlement. 13. The independent monitoring agency will frequently meet representatives of the resettlement agencies and the villagers to acquire opionions collected by them. This monitoring agency will report opinions and suggestions from the affected individuals and collectives to the 54

65 resettlement agency, and propose advices for improvement such that resettlement work can be implemented more smoothly and effectively. 14. The independent monitoring agency will offer its suggestions on the resettlement plan to the resettlement agency, and monitor implementation of the following resettlement activities. 15. The external monitor will also verify the data and findings of the internal monitoring reports External Monitoring Report 16. Based on the materials obtained from observation and survey, the external monitoring agency compiles an external monitoring report, and independently reports it to Chongqing Project Office which submits the report to ADB. 1. Period 17. M&E starts from February 2013, and finishes 6 months after the resettlement activities are completed and production and livehood of the APs are restored. Pursuant to ADB requirements, in the stage of implementation, external monitoring shall be performed twice a year, one conducted in the middle of the year and one at end of the year: after implementation of land-occupancy and house demolition is completed, the external monitoring is carried out once at end of each year. Table 10-1 Schedule of Monitoring and Evaluation M&E Report Date 1 Baseline Survey Report NO 1 M&E Report NO 2 M&E Report NO 3 M&E Report Resettlement Completion Report Contents (1) Progress of land-occupancy, house demolition and resettlement; (2) Land adjustments, production resettlement and restoration; (3) APs house demolition and reconstruction resettlement; (4) Implementation schedule of special facilities; (5) Change of APs living standard; (6) Put resettlement fund into practice and its use; (7) Operation and efficiency evaluation of the APs relocation & resettlement executing agency; (8) Support to the disadvantaged groups; (9) Functions of the resettlement implementation agencies; (10) Problems and suggestions. 55

66 Appendix 1:Related Laws and Regulations Policies of Fuling District Government on Land Acquisition, House Demolition Compensation Resettlemet( 2008 No.138 Document) 1. Adjustment of Way and Rates of Land Acquisition Compensation Resettlement For land acquisition, land compensation rates, resettlement subsidy and ground structures (attachments) & young crops compensation rates shall be paid according to law. Land compensation rates and resettlement subsidy are calculated separately. 1.1 Land Compensation rates Regardless of type of land, land compensation rates are caculated based on area of expropriated land and the rates of the region where the land is located:rmb14,000/mu for Category 1 region;rmb 13,000/mu for Category 2 region;and RMB12,000/mu for Category 3 region(for division of category of regions, see Table 1). 1.2 Resettlement Subsidy Rresettlement subsidy is calculated based on number of agricultural population who become urban residents, and rates of resettlement subsidy for each member of agricultural population becoming urban residents is RMB26, Compensation for young crops and ground structures (attachments) Young crops compensation Young crops compensation is calculated based on cultivated land area of the expropriated land, and compensation rate is executed pursuant to related rate stipulated in policies of Fulin District Ground structure compensation Compsensation rate for ground structure is implemented according to related rates in policies of Fuling District. 1.4 Compensation and resettlement of rural house demolition due to land acquisition Identified evidence of compensation for house demolition Compensation for rural house demolition on expropriated land is based on collective land deed of expropriation and certificate of ownership of rural houses. Newly-built houses which failed to timely get collective deed of expropriation of rural houses and ownership certificate of rural houses are based on approval letter for the land used for building urban and rural residents houses and license of rural construction planning as well as other relevant legal approval procedures.buildings (structures) without approval will not be compensated Check and ratify compensation area of house demolition Compensation area of rural houses on exproriated land is ratified by the legal area with registration of title. The land with legal basis but without registration of title is ratified by the area measured by the land acquisition implementing agency. Measurement of housing area is uniformly executed pursuant to relevant national norms on measurement Compensation rates of house demolition Compensation rate of rural house demolition due to land acquisition is executed according to relevant standard in policies of Fuling District Ways of housing resettlement Ways of housing resettlement includes resettlement by money, resettlemnt by self-building houses and resettlement by unified-built houses. Resettlemnt by self-building houses:agricultural house-demolished households with part of land expropriated in the planned regions such as towns, industrial parks and scenic zones of above municipal level (except a household whose all members change from rural residents to urban residents) are compensated according to the rates in Table 2 plus this rate being increased by 70%, and they will apply for self-building houses in accordance with the 56

67 provisions of rural homestead management Rates such as house moving subsidy House moving subsidy. For a relocatee whose house moves in the stipulated period, a lump-sum house moving subsidy will be calculated and paid to him (her), a household with less than 3 members (3 members included) will get RMB500,and for a household with more than 3 members, every additional member will get additional RMB100, but the added subsidy for each household shall not exceed RMB1,000. That of temporary transition household is calculated twice. Rates of transition. Those who belong to the resettlment by purchasing unified-built houses at preferential price are calculated based on actual transition period;and those who choose resettlement by self-building houses are calculated based on the transition period less than 6 months, and each of them can get RMB150 as transition rates. Resettlement subsidy. For those who belong to the resettlement by getting money, each of them can get a lump-sum subsidy of RMB500 for relocation Subsidy for house demolition A house property owner who executes house demolition within the period stipulated in the land acquisition announcement can get RMB2,000 for a household with 3 members and less than 3 members, and for a household with more than 3 members (including 3 members), an additional one member can get additional RMB500. Those who failed to relocate within the stipulated period cannot get subsidy. 57

68 Appendix 2:TOR of Externel Monitoring and Evaluation A Purpose of Monitoring and Evaluation Pursuant to requirements of migration settlement policy formulated by Asian Development Bank, external M&E of Fuling District Jiaoshi Damu Highway are required to be conducted. A tracking-evalution on the work of land-acquisition and resettlement of this project will be carried out by inspecting the schedule, fund and management of land acquisition, house demolition and resettlement, and comparative analysis of change and restoration of level of production and living standard of the affected APs. Information and suggestions will be proposed to each department for reference in decision-making while reports are regularly submitted (twice a year during migration implementation period) to ADB, Chongqing Municipal Project Office and relevant competent departments. The external M&E will allow ADB and the competent department of the project to get comprehensive awareness of the project and see if work of the land-acquisition and resettlement is implemented on schedule, and expected goals are achieved in terms of quality, and make suggestiongs to improve the work. B Main Contents of M&E (1) M&E of the schedule of implementing land-acquisition and house demolition, includes: 1progress of land acquisition; 2progress of temporary land occupation; 3progress of house demolition and relocation. (2) M&E of fund, which includes 1availability of funds; 2utilization of funds (planned vs. actual) (3) M&E of living standard of the APs. It includes: 1Status of the living standard before and after LAR; 2Comparative analysis and evaluation of the migants employment and living standard before and after resettlement. (4)Evaluation on capacity of the implementing agency and public participation, complaint and appeal (5) The external monitor will also verify the data and findings of the internal monitoring reports. C Techinical Route Technical route of external M&E is shown in Fig

69 Project Initiation Compile outline of monitoring and evaluation Compile survey outline, survey table, record card of typical households Design of sampling survey scheme Basal survey Set up a management information system of monitoring and evaluation Monitoring survey Socioeconomic Survey of the Region Migration Implementation Monitoring of agency Effect of land-expropriatio n Monitoring of Villages-groups Effect of Land expropriation-house demolition Monitoring of Househosld Sort out monitoring data and set a database odate Comparative analysis and evaluation Compile report of monitoring and evaluation Whether migration monitoring is completed NO Completed Fig. 1 Technical Route of External M&E D External Monitoring Agency Chongqing Project Office authorizes an external monitoring agency recognized by ADB to conduct work of M&E of the resettlement of this project. E Organization and Division of Work of M&E Chongqing Municipal Project Office authorizes an external M&E agency to conduct specific survey, data acquisition and computation analysis, and examine the results. M&E Team of Fuling District Jiaoshi Damu Highway Reconstruction is formed in the external monitoring agency. Its tasks comprise : Pursuant to involuntary resettlement of Asian Development Bank, it conducts M&E of resettlement of this project, takes charge of preparing an outline of M&E, sets up monitoring points, performs field survey & monitoring and internal analysis, and compiles report of 59

70 M&E. Chongqing Municipal Project Office will cooperate with its work in the aspects of personnel arrangement and traffic convenience in the field survey period conducted by the M&E team. F Method of M&E Field survey, computational analysis and experts comprehensive evaluation are combined to perform M&E. Survey is carried out in combination with the investigation carried out at selected spots and in entire areas. A comprehensive survey on schedule, fund, agency and management of the resettlemnt implementation will be performed. And sample survey of the relocatee households will be conducted. Sample survey adopts method such as random sampling by classification to perform tracking investigation on typical sample relocatee households. (Scope of sampling: 20% of the households affected by land-acquisition and house-demolition,and 50% of the affected villages,and sample households are selected with random sampling). Overall survey adopts ways such as the survey by filling up tables, panel discussion, and consulting archival data.. Attention shall be paid to the collection of photos, audio, vedios, material objects in addition to the text data. G Report of External M&E Pursuant to project schedule and requirements of ADB, the external M&E agency shall regularly submit monitoring report and evaluation report to Asian Development Bank and Chongqing Municipal Project Office (generally, once semiannually). Table 1 Schedule of Monitoring and Evaluation M&E Report Date 1 Baseline Survey Report NO 1 M&E Report NO 2 M&E Report NO 3 M&E Report Resettlement Completion Report

71 Appendix 3:Resettlement Information Booklet A. Project Background 1. Fuling District Jiaoshi - Damu Highway Reconstruction Project is a subproject of Asian Development Bank (ADB)-Financed Chongqing Urban and Rural Infrastructure Development II Project. The engineering construction site starts from Fuling District s Jiaoshi Town to Damu Town, passing through Jiaoshi Township and Juandongchang Township with total length of 16.4 km, most of them belongs to reconstruction and extension of the existing highway. B. Project Impact 2. This project is totally required to permanently occupy 370 mu rural collective land, of which 66.2 mu is arable land, and mu uncultivated land, affecting Fuling District s 3 townships, involved with 13 villager groups of 8 villages, a total of 518 people in 142 households; Temporary land occupancy is mu, including cultivated land mu and uncultivated land 103 mu, with an impact on Fuling District s 3 townships, involved with 8 villages, a total of 187 people in 48 households; 12 rural resident houses with area of 1,950 m² are to be demolished, which include 1,710 m² brick-concrete structure and 240 m² cob wall structure housing, exerting influence on Fuling Ditrict s 3 townships, involved with 4 villager groups of 4 villages, a total of 50 people in 12 households. Totally 535 persons in 147 households will be affected by land-acquisition and house demolition of the project. C. Compensation Rates 3. Resettlement policy and compensation rates of this project are executed strictly following above policies. Compensation rates for all kinds of impact are shown in Tables 1, 2 and 3. Land Compensation Rates (RMB/mu) Table 1 Compensation Rates of Permanent Land Acquisition Resettlement Subsidy (RMB/person) Young Crops Compensation Rates (RMB/mu) Vegetables Grains (including cash crops) 12,000 26,000 1,540 1,210 Table 2 Compensation Rates of House Demolition Category Item Unit Rate Remarks House compensation Other compensation Simple Masonry concrete structure Earth wall structure Transition subsidy Moving subsidy Yuan/m Yuan/m RMB150/person/month, based on 6 months. If the transition period is more than 6 months, the subsidy will be paid based on acyural period. For the HHs who move out in the required period, a lump-sum subsidy will be paid, with RMB500 to a household with family members less than 3 persons (3 persons included), and for a household with more than 3 members, additional RMB100 will ne paid to each additional person, but the added sum to each household shall not exceed RMB1,

72 Demolition subsidy For the HHs who demolish the housed in the required period, RMB 2,000 will be paid to such a household with family members less than 3 persons (3 persons included), and for a household with over 3 members (not including 3 members), one additional member will be granted with subsidy of RMB500. Table 3 Compensation Rates of Affected Ground Attachments Item Designation Structure Unit Unit Price Stone ridge and enclosing wall (including fish pond bank) Brick M 3 39 Building Attachments Water Well Motor-pumped well Well 700 Tomb Single person Tomb 400 Small Flat Ground Cement M 2 9 Manure pit, water reservoir Cement M 3 9 Public Facilities Electric pole Round pole with length over 9 m Piece 90 Wire Outdoor lighting wire Meter 2 The time standard for identification of migrant qualification is the date when the notice of land-acquisition and house-demolition is published. After that date, the APs shall not newly-build, extend and rebuild the housese; shall not change uses of the houses and land; shall not lease the land, and shall not lease and buy and sell their houses. Personnel who swarm towards this site after this date shall not have qualification of resettlement compensation. For the entitlement of resettlement compensation, see Table 4. D. Appeal Mechanism 4. To ensure that opinions of the affected people on such issues as land occupancy, compensation and personnel resettlement can be solved in an open and fast way to avoid personnel affected by the project to be forced to resort to adopt complex formal channels to express their dissatisfaction or complaint, the project owner has established handling procedures involved with appeal of the project, with specific steps as follows: 5. Step 1: In case the affected persons or village committees have any objection to the land compensation resettlement plan, they can propose an oral or written appeal to the township government. If they file their appeal orally, it is required to be addressed by the township government with a written record. The township government shall make a disposition within one week; 6. Step 2: In case the affected persons are still unsatisfied with the disposition in Stage 1, they can still appeal to Fuling District Land Resources Bureau or the Resettlement Office in accordance with relevant laws and regulations of Chongqing, the Land Resources Bureau or the Resettlement Office shall make a disposition within 10 days;; 7. Step 3: In case the affected persons remain unsatisfactory with the disposition in Stage 2, they can lodge an appeal to Fuling District Project Management Office after receiving the disposition, and the District Project Office shall make a disposition within one week; 62

73 8. Step 4: In case the affected people are still not satisfied with disposition in Stage 3, they can appeal to relevant government authorities including the District Law Department, District Disciplinary Inspection Department and District Petition Letter Department, etc. APs can also directly appeal to the government departments without going through the previous-stated 3 stages. 9. APs can decide to go through the legal system directly and may decide not to use the project level grievance channels. 10. APs can file a lawsuit aiming at any aspect of the resettlement, including compensation rates etc. The above channel of appeal will be notified to APs by way of meeting and RIB so that the APs can get a full awareness of their right to appeal. At the same time, the media will be utilized to strengthen publicity, and the opinions and proposals of various aspects on the work of resttlement will be solidified into information provisions, which shall be studied timely and solved by the resettlement agencies at all levels. All these agencies shall receive complaints and appeals from the affected people free of charge, and reasonable expenses arising therefrom will be paid out from unforeseeable fee of migration resettlement. Ways of contacting persons responsible for appeal channels in all stages are shown in Table The aggrieved person may also express grievance to the external monitor, who would then report it to FDLRB, the IA, and the PMO. Alternatively, the aggrieved person(s) may submit a complaint to the ADB s Project Team to try to resolve the problem. If good faith efforts are still unsuccessful, and if there are grievances that stemmed from a violation of ADB's safeguard policy, the APs may appeal directly to ADB in accordance with ADB's Accountability Mechanism (2012). 8 8 Before submitting a complaint to the Accountability Mechanism, the affected people should make a good faith effort to solve their problems by working with the concerned ADB operations department. Only after doing that, and if they are still dissatisfied, should they approach the Accountability Mechanism

74 Type of impact Degree of impact Affected people Rights Compensation policies and rates (1). The village will receive land compensation fees and resettlement subsidy; (2). Compensation for standing crops will be paid to the AHs; (3). The AHs will receive free training; (4). The village collective will use Land compensation: yuan/mu 257 mu, including the compensation for community 6 villages, 357 people in 47.3 mu of cultivated facilities. 96 households land (5). Jobs during construction and maintenance will be provided. Standing crops: 1540 yuan/mu for vegetable, 1210 yuan/mu for grain (6). Replacement land of equivalent quantity and quality will be provided to APs (7). If the VC can t provide replacement land, resettlement subsidy will be allocate to the APs Permanent acquisition of collective land Resettlement subsidy: yuan/person (urbanized quota = sum of the acquired cultivated land area and 0.5 times the acquired non-cultivated land area divided by the per capita cultivated area of this village before land acquisition) Demolition of urban residential houses Vulnerable groups Total demolition area 770 m 2, 625 m 2 of brick concrete structure, 145 m 2 of soil wall structure. 370 m 2 will be demolished. 2 HHs need to be relocated, 5 households with 21 persons; 1 HH just loses non-residential houses and will not be relocated 3 households with 13 persons (1). Receiving house compensation at replacement cost, and transition subsidy, moving subsidy and relocation subsidy; (2). Providing housing plots in the same community provided by local village freely; Simple Masonry concrete structure: 459 yuan/m 2 Earth wall structure: 255 yuan/m 2 Transition subsidy: 150/month/person, based on 6 months; Household with 3 and less than 3 Subsidy for House Moving Subsidy for Relocation (1). The villages will provide necessary assistances before, Refer to the compensation rates for demolition of residential houses. during and after relocation; members member household HH member household member household 800 Household with 3 and less than 3 members 2,000 4-member household 2,500 HH 5-member household 3,000 6-member household 3,500 64

75 Type of impact Degree of impact Affected people Rights Compensation policies and rates and another 1 HH just loses non-residential (2). They can have the priorities to select the location of the housing plots; houses and will not be relocated. (3). The unskilled job opportunities will be provided to them during construction and operation. Designation Structure Unit Unit Price Stone ridge and enclosing wall (including fish pond bank) Brick Cubic meter 39 Ground attachments and public facilities Including electric pole, well, tombs, etc. Proprietors The compensation for ground structures or attachments is paid to proprietors. Compensation will be paid at replacement cost or such facilities restored by the demolisher to the original size and standard. Water Well Motor-pumped well Well 700 Tomb Single person Tomb 400 Small Flat Ground Cement Square meter 9 Manure pit, water reservoir Cement Cubic meter 9 Electric pole Round pole with length over 9 m Piece 90 Wire Outdoor lighting wire Meter 2 Table 4 Entitlement Matrix 65

76 Table 5 Contact Persons in Charge of Appeal Channels in All Stages Channel of Office Responsible Persons Post Appeal Telephone Jiaoshi Town Liu Hua CPC Secretary Stage1 Government Damu Town Government Li Fugang CPC Secretary Stage2 Fuling District Land-Resources Bureau Ou Xiuquan Section Chief Stage3 Fuling District Shi Bo Section Chief Project Office Fuling District Legal Department Shu Banglin Section Chief Fuling District Stage4 Discipline Inspection Department :Li Can Section Chief Fuling District Petition Letter Department Yang Zhi Section Chief E. Income Restoration and Relocation 12. After the land is acquired, each village will allocate the village s collective reserved land to them. Location and conditions of the newly-allocated land will not be worse than that of the original land. If there is no land with compartively good condition, the village collective will appropriately adjust and allocate more area of land to them so that the production level and living standard of the personnel affected by land loss would not be decreased. By providing the replacement land, the land holding of the AHs will not be changed, consequently it won't bring impacts on their income. 13. The standard of the allocated homestead is 30 m 2 per capita, at least 90 m 2 for each household, with maximum of 120 m 2. Before house demolition, the specific location of the homestead will be determined by the village collective after consultation with the AHs. Conditions of the location of the newly-allocated homestead shall not be inferior to that of the original housing section. As the AHs are scattered, field survey shows all the villages can provide homestead for them. The AHs will still live in the same community. 66

77 Appendix 4: Endorsement letter from FDLRB and affected villages on land using 67