PRC: Anhui Integrated Transport Sector Improvement Project X056 Shantou, Sixian County- Minxian, Yongqiao District Section

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1 Updated Resettlement Plan May 2011 PRC: Anhui Integrated Transport Sector Improvement Project X056 Shantou, Sixian County- Minxian, Yongqiao District Section Prepared by Anhui Highway Administration Bureau for the Asian Development Bank.

2 2 CURRENCY EQUIVALENTS Currency unit Yuan(CNY) $ 1.00 = CNY 6.80 ABBREVIATIONS ACTVC - Anhui Communications Vocational & Technical College ADB - Asian Development Bank AHAB - Anhui Highway Administration Bureau APCD - Anhui Provincial Communications Department ACIG - Anhui Provincial Communications Investment Group Company APs Affected Persons AVs Affected Villages APG - Anhui Provincial Government M&E Monitoring and Evaluation PMO - Project Management Office RP - Resettlement Plan PRC - People s Republic of China (i) NOTE In this report, "$" refers to US dollar unless otherwise stated. This updated 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 Anhui Integrated Transport Sector Improvement Project Resettlement Plan for X056 Shantou, Sixian County Minxian, Yongqiao District Section (updated) Anhui Highway Administration Bureau Hohai University May, 2011

4 Note on the updated RP On March 15, 2009, the Anhui Development and Reform Commission gave a reply on the detailed design of X056 with Document ADRC Design [2010] No.204. In April 2010, Anhui Hongtai Traffic Engineering Design Institute Co., Ltd. completed the design of the construction drawings of the subproject. This updated RP is based on the detailed design, the construction drawings, the land survey delimitation report and the field survey mainly. The resettlement impacts, compensation and resettlement policies, the socioeconomic profile, the resettlement budget and the resettlement implementation schedule have been updated mainly, involving all chapters of the draft RP. A. Summary RP update of X056 Item Updated item Former RP Updated RP Remarks Engineering design Impacts of land acquisition Impacts house demolition of Compensation rates for land acquisition Directly impacted people Compensation rates for house demolition Route length km, roadbed width 10.5 meters Acquiring mu of collective land, affecting 1,884 households with 6,455 persons Demolishing houses of 8,672.3 m 2, affecting 85 households with 390 persons 18,500 yuan/mu for arable land, 12,000 yuan/mu for non-arable land, young crop compensation fees 500 yuan/mu Route length km, roadbed width 10 meters Acquiring mu of collective land, affecting 1,091 households with 3,813 persons Demolishing houses of 8, m 2, affecting 134 households with 494 persons 28,350-30,030 yuan/mu for arable land, 14,175-15,015 yuan/mu for construction land and unused land, young crop compensation fees 850 yuan/mu The subproject will affect The subproject will affect 6,612 people out of 4187 people out of ,883 households in households in total, in total. in which 6,222 which 3693 people out of people out of 1, households are households are affected affected by the by the acquisition of acquisition of collective collective land only, 233 land only, 120 people out people out of 46 of 35 households are households are affected affected by both house by both house demolition and land demolition and land acquisition, 374 people acquisition, 157 people out of 99 households are out of 39 households are affected by house affected by house demolition only demolition only 410 yuan/m 2 for masonry concrete structure, 260/m 2 for yuan/m 2 for masonry concrete structure, Route length decreased by km, roadbed width decreased by 0.5 meters Acquiring mu less of collective land, affecting 753 less households with 2,642 persons House demolition area increased by m 2, affecting 49 more households with 104 persons The Uniform Annual Output Values and Compensation Rates for Land Acquisition of Anhui Province (APG [2009] No.132) apply to the updated RP. Through optimizing design, land acquisition is reduced. Therefore, the affected households are decreased. All counties have promulgated the latest compensation

5 7 8 9 Resettlement option for house demolition Financial budget Implementation schedule masonry timber structure, 160 yuan/m 2 for earth timber structure, 80 yuan/m 2 for simple structure Self-demolition and self-rebuilding yuan/m 2 for masonry timber structure, 380 yuan/m 2 for other structure Self-demolition and self-rebuilding million yuan million yuan The land acquisition work began in December 2009 and will end in December The land acquisition work will begin in July 2011 and end in July rates, which are higher than those in the RP. Budget decreased by million yuan

6 Approval : Chen Shaojun Review : Zhang Kui Specialized Design : Yin Jianjun Check : Yin Jianjun Wang Changcai Writers : Zhuang Yan Hang Zhijuan Participants : Yin Jianjun Cao Songlai Zhuang Yan Tang Hui Wang Changchai Gong Jianmei Han Zhijuan Wang Chunxia

7 Letter of Commitment Through the Ministry of Finance, Anhui Provincial Government (hereinafter called as APG) has applied for a loan from ADB to finance this subproject. Therefore, it must be implemented in compliance with the guidelines and policies of ADB on social security. This Resettlement Plan is in line with a key requirement of ADB and will constitute the basis for land acquisition, house demolition and resettlement of this subproject. The Plan also complies with the laws of the People's Republic of China and local regulations, as well as with some additional measures and the arrangements for implementation and monitoring for the purpose of achieving better resettlement results. APG hereby approves the contents of this Resettlement Plan and guarantees that funds will be made available as stipulated in the budget. APG has discussed the draft Resettlement Plan with relevant units that have confirmed their acceptance via Anhui Highway Administration Bureau and affected counties, and authorizes the Anhui Project Management Office for ADB Financed Projects as the responsible agency to generally manage the implementation of this subproject and relevant resettlement activities, and the local governments of the affected areas to be responsible for the implementation of this subproject and related resettlement activities within the respective jurisdictions

8 Executive Summary 1. Background The X056 Shantou, Sixian County Minxian, Yongqiao District Section Reconstruction Project is one of the subprojects of the ADB financed project Anhui Integrated Transport Sector Improvement Project. The subproject will further shorten the spatial and temporal distance between Suzhou City and Jiangsu Province, and improve the traffic and investment environment along the route thoroughly. It is also connected to a number of county highways, and has great significance in improving the traffic conditions of the Xiangs (Xiang is a sub-county administrative division in China) and towns, and improving the regional trunk highway network. The land acquisition and resettlement of the subproject involves 16 villages of 5 Xiangs/towns in Sixian County, 12 villages of 4 Xiangs/towns in Yongqiao District and 11 villages of 3 Xiangs/towns in Lingbi County, 39 villages of 12 Xiangs/towns in total. The subproject will commence in 2011 and be completed in 2013, and the implementation plan for land acquisition, house demolition, compensation and resettlement will be put into practice in July 2011, and completed by July The estimated resettlement expenses of the subproject are million yuan (based on prices of 2011), including basic expenses for land acquisition (occupation) and house demolition, relevant taxes and unexpected expenses, accounting for 9.64% of the whole project budget. 2. Resettlement Impacts The main impacts of the X056 from Shantou, Sixian County to Minxian, Yongqiao District Section Reconstruction Project are permanent land acquisition, temporary land occupation and demolition of residential houses. In the subproject, A total of 4187 people out of 1190 households will be affected mu of collective land will be acquired, including mu of farmland ( mu of dry land, 9.69 mu of orchard land, 33.6 mu of woodland and mu of other farmland), accounting for 78.77%; mu of construction land and unused land (72.14 mu of industrial and mining land, mu of other construction land and unused land), accounting for 21.23%. 330 mu of land will be occupied temporarily, all being dry land, including mu of land for borrow pits (52.6%), affecting 542 households with 1,921 persons temporarily. Houses of 8, m 2 have been demolished, including 837 m 2 in masonry concrete structure (I), 2,980 m 2 in masonry concrete structure (II), m 2 in masonry concrete structure (III), m 2 in masonry timber structure (I), 1,507.9 m 2 in masonry timber structure (II), 1, m 2 in masonry timber structure (III) and m 2 in other structure, affecting 134 households with 494 persons. In addition, the subproject has also affected some ground attachments, such as tombs, trees and telegraph poles. 3. Policy framework and entitlements To avoid or minimize the negative impacts of land acquisition, the affected villager teams and displaced persons have been consulted on the selection of the relocation sites at the feasibility study stage, and the optimum option has been chosen through comparative selection. This Resettlement Plan has been formulated in accordance with the Land Management Law of the People s Republic of China (2004), the Decision of the State Council on Deepening Reform and Exercising Strict Land Management (Guo Fa [2004] No.28), the applicable policies of Anhui Province, ADB s Involuntary Resettlement and policies on social security. The resettlement principles of the subproject are as follows based on the above policies and through consultation with

9 the local governments and the affected people: (1) Involuntary resettlement should be avoided where feasible; (2) The affected people are granted compensation and rights that can at least maintain or even improve their livelihoods in the absence of the project; (3) The affected people are given compensation and assistance in resettlement whether legal title is available or not; (4) If the land available to everyone is insufficient to maintain his/her livelihood, replacement in cash or in kind and other income-generating activities are provided for the lost land; (5) The affected people fully understand their entitlements, the method and standard of compensation, the livelihood and income restoration plan, and the project schedule, and participate in the implementation of the Resettlement Plan; (6) No land should be acquired before the affected people are satisfied with the compensation and resettlement (plan); (7) The executing agency and an independent agency / third party should monitor the compensation, relocation and resettlement operations; (8) The vulnerable groups (including women) are provided special assistance or treatment so that they lead a better life, and all affected people should have an opportunity to benefit from the project; (9) The Resettlement Plan is consistent with the master plans of the affected counties and towns; and (10) The resettlement expenses are sufficient to cover all affected aspects. 4. Resettlement strategy The compensation for permanent land acquisition includes land compensation fees, resettlement subsidies and young crop compensation fees. The uniform annual output value of the affected county is 1,350-1,480 yuan/mu. For farmland, land compensation fees are 6-7 times the uniform annual output value and resettlement subsidy 14 times the uniform annual output value. For construction land and unused land, land compensation fees are 5 times the uniform annual output value and resettlement subsidy times the uniform annual output value. Temporary land occupation includes that for borrow pits and other purposes. The compensation standards for temporary land occupation of Yongqiao District, Lingbi County and Sixian County are the same, being: single compensation for borrow pits arable land: 12,000 yuan/mu, non-arable land: 4,000 yuan/mu; other land 4,000 yuan/mu year. The occupation period will be 2 years. After expiry of the occupation period, the land will be restored by the implementing agencies, with a land reclamation fee of 4,000 yuan/mu. Occupation of arable land should be avoided in the temporary land occupation for borrow pits. If this is unavoidable, low-lying land and derelict land with lower output value and likely to be affected by inland inundation should be occupied where possible. After occupation, borrow pits may be restored as connecting water canals or fishponds. The compensation standards for demolition of residential houses of Yongqiao District, Lingbi County and Sixian County are the same, consisting of house compensation and other compensation, being: masonry concrete structure: yuan/m 2, masonry timber structure: yuan/m 2, others(lower than masonry timber structure III ):380 yuan/m 2, moving subsidy: 3 yuan/m 2, and living subsidy during transition period: 3 yuan/m 2 month, based on 6 months. The measures for income restoration of the affected people include cash compensation, provision of technical training and priority in employment, etc. Since permanent land acquisition is caused by highway construction mainly, the impacts of the subproject are in a linear form. Based on statistical analysis, though the amount of land acquisition is relatively large, it is scattered and has very moderate impact on the regular agricultural production of rural households. According to the different socioeconomic backgrounds of AVs, the use and relocation of land acquisition fees including land compensation and resettlement subsidy which will be determined by village meeting is also different. In general, land compensation and resettlement could be disbursed to affected households directly, collective villagers or invested by the

10 collectives. The crop compensation will be paid to affected households directly. When they get the compensation, the affected households will use the compensation fees for land improvement and the expanded reproduction of household sidelines. After house demolition, the village collective will plan housing sites in a unified manner or villagers will adjust their housing sites for reconstruction as they wish. The Anhui Project Management Office (PMO) and the Anhui Highway Administration Bureau (AHAB) will assist the department of labor and social security in affected counties to conduct the technical training of the labor force of the affected households (in which the female labor force is about 50%). In the meantime, a special fund will be set up to support the vulnerable groups, with a total amount of 258,500 yuan (0.7% of the resettlement expenses). The Anhui PMO will use this fund specifically to support the vulnerable groups affected by the subproject together with the civil affairs authorities of the affected counties. 5. Public participation and information disclosure All affected people have been informed of the key information of the Resettlement Plan in many ways, such as meeting, interview, villager team discussion, public participation meeting and community consultation (with 30% being women), and involved in the subproject through the above activities. Their opinions have been taken into account in the Resettlement Plan. The resettlement information booklet and the Resettlement Plan(updated) will be distributed to the affected people or village by the end of Dec 2011, and the draft Resettlement Plan will be published on the ADB website by the end of Dec An appeal channel has been established, and all agencies will accept complaints and appeals from the affected people free of charge, and all costs reasonably incurred will be disbursed from the contingency expenses of the subproject. 6. Complaints and appeals An appeal procedure has been formulated to settle disputes over compensation and other resettlement benefits for the purpose of responding to the affected people s complaints timely and transparently. Possible complaints may arise from the acquisition of collective land, temporary land occupation and house demolition, etc. In this respect, the Anhui Provincial Communications Department (APCD), the highway administration bureaus of all levels and the affected town governments and village committees will coordinate and settle complaints and appeals possibly arising from the resettlement process. The displaced persons may file an appeal for any aspect of resettlement, including compensation standards. 7. Organization The APCD Foreign-funded Project Management Office (PMO) is the executing agency of the subproject, the Anhui Highway Administration Bureau (AHAB) is an implementing agency of the subproject, and the relevant highway administration bureaus (headquarters) of all levels and town governments will be responsible specifically for the implementation of the Resettlement Plan. 8. Monitoring, evaluation and reporting To ensure the successful implementation of the Resettlement Plan, the subproject will perform internal and external monitoring of the implementation of resettlement. The internal monitoring agency of the subproject is APCD. Internal monitoring will be executed jointly by AHAB and other competent authorities (e.g., land and resources bureau). A monitoring will be submitted to ADB semiannually. The Anhui PMO will entrust an independent monitoring agency to perform external monitoring and evaluation semiannually. The monitoring and evaluation expenses will be included in the estimate of resettlement expenses.

11 9. Budget for resettlement expenses All expenses incurred during land acquisition and resettlement will be included in the general budget of the subproject. Based on prices of May 2011, the total resettlement expenses of the subproject are million yuan, including expenses for the acquisition of rural collective land of million yuan, accounting for 39.89% of total expenses; compensation for temporary land occupation of million yuan, accounting for 13.21%; compensation for demolition of rural residential houses of million yuan, accounting for 13.36%; compensation for infrastructure and ground annexes of million yuan, accounting for 6.88%; and taxes and management fees of million yuan, accounting for 26.66%.

12 Glossary Affected person (AP) Compensation Entitlement Income restoration Relocation Resettlement effect Resettlement plan Vulnerable group People affected by project-related changes in use of land, water or other natural resources Money of payment in kind to which the people affected are entitled in order to replace the lost asset, resource or income Range of measures comprising compensation, income restoration, transfer assistance, income substitution, and relocation which are due to affected people, depending on the nature of their losses, to restore their economic and social base Reestablishing income sources and livelihoods of people affected Rebuilding housing, assets, including productive land, and public infrastructure in another location Loss of physical and non-physical assets, including homes, communities, productive land, income-earning assets and sources, subsistence, resources, cultural sites, social structures, networks and ties, cultural identity, and mutual help mechanisms A time-bound action plan with budget setting out resettlement strategy, objectives, entitlement, actions, responsibilities, monitoring and evaluation Distinct groups of people who might suffer disproportionately from resettlement effects

13 Abbreviations ACTVC - Anhui Communications Vocational & Technical College ADB - Asian Development Bank AHAB - Anhui Highway Administration Bureau APCD - Anhui Provincial Communications Department ACIG - Anhui Provincial Communications Investment Group Company APs Affected Persons AVs Affected Villages APG - Anhui Provincial Government M&E Monitoring and Evaluation PMO - Project Management Office RP - Resettlement Plan PRC - People s Republic of China Notes Currency unit - Yuan $1.00 = 6.80 yuan I ha = 15mu

14 Contents 1 OVERVIEW OF THE SUBPROJECT BACKGROUND AND DESCRIPTION OF THE SUBPROJECT Background of the subproject Composition of the subproject and identification of displaced persons.. Error! Bookmark not defined Summary of resettlement impacts of the subproject... Error! Bookmark not defined. 1.2 SOCIAL AND ECONOMIC BENEFITS INVESTMENT ESTIMATE AND IMPLEMENTATION PLAN OF RESETTLEMENT IMPACTS OF THE SUBPROJECT MEASURES TO AVOID OR MINIMIZE LAND ACQUISITION AND HOUSE DEMOLITION Principles for design and relocation site selection of the subproject Comparative selection of options RANGE OF SURVEY OF LAND ACQUISITION AND HOUSE DEMOLITION IMPACTS METHODS AND PROCESS OF SURVEY PERMANENT ACQUISITION OF COLLECTIVE LAND AND IMPACT ANALYSIS Permanent acquisition of collective land Impact analysis of acquisition of collective land TEMPORARY LAND OCCUPATION DEMOLITION OF RESIDENTIAL HOUSES AND IMPACT ANALYSIS AFFECTED INFRASTRUCTURE AND GROUND ANNEXES AFFECTED POPULATION Summary Affected vulnerable groups Affected women SOCIAL AND ECONOMIC PROFILE SOCIAL AND ECONOMIC PROFILE OF AFFECTED AREAS Social and economic profile of affected city and counties Social and economic profile of affected towns (sub-districts) Social and economic profile of affected villages SOCIAL AND ECONOMIC PROFILE OF AFFECTED POPULATION LEGAL FRAMEWORK AND POLICIES LAWS, REGULATIONS AND POLICIES APPLICABLE TO RESETTLEMENT ADB POLICIES LAWS, REGULATIONS AND POLICIES OF THE PRC MAIN DIFFERENCES BETWEEN ADB POLICIES AND LAWS OF THE PRC PRINCIPLES FOR COMPENSATION OF THE SUBPROJECT CUT-OFF DATE OF COMPENSATION DETERMINATION OF COMPENSATION STANDARDS FOR RESETTLEMENT IMPACTS OF THE SUBPROJECT Acquisition of collective land Compensation for temporary land occupation Compensation standards for rural house demolition Compensation for annexes and infrastructure Standards for other costs Vulnerable groups Special measures for women ENTITLEMENT MATRIX RESETTLEMENT AND INCOME RESTORATION PURPOSE OF RESETTLEMENT RESETTLEMENT AND RESTORATION PLANS FOR AFFECTED VILLAGES Introduction of resettlement and restoration plans for affected villages General strategy of restoration measures for permanent land acquisition General strategy and measures for demolition of residential houses Resettlement and restoration plans for key villages

15 5.3 RESETTLEMENT TRAINING PROTECTION OF WOMEN S RIGHTS AND INTERESTS ASSISTANCE MEASURES FOR VULNERABLE GROUPS Measures for Disable, Wubao and Widows Measures for low-income or poor households Measures for seriously affected households... Error! Bookmark not defined. 5.6 RESTORATION PLANS FOR TEMPORARILY OCCUPIED LAND Restoration plan for land occupation for borrow pits Restoration plan for other temporarily occupied land RESTORATION PLAN FOR INFRASTRUCTURE RESETTLEMENT ORGANIZATION MANAGEMENT AGENCIES FOR RESETTLEMENT IMPLEMENTATION Organizational setup Responsibilities of agencies STAFFING AND FACILITIES Staffing Facilities Institutional training program PUBLIC PARTICIPATION, COMPLAINTS AND APPEALS PUBLIC PARTICIPATION Participation at the preparation stage Participation plan for the implementation stage COMPLAINTS AND APPEALS RESETTLEMENT BUDGET RESETTLEMENT BUDGET RESETTLEMENT INVESTMENT PLAN AND SOURCES OF FUNDS MANAGEMENT AND DISBURSEMENT OF RESETTLEMENT FUNDS RESETTLEMENT IMPLEMENTATION PLAN PRINCIPLES FOR RESETTLEMENT IMPLEMENTATION IMPLEMENTATION SCHEDULE FOR RESETTLEMENT MONITORING AND EVALUATION INTERNAL MONITORING EXTERNAL MONITORING Scope and methods of external monitoring External monitoring reporting POST-RESETTLEMENT EVALUATION APPENDIXES APPENDIX 1 SCHEMATIC MAP OF THE SUBPROJECT APPENDIX 2 GENDER ANALYSIS OF AFFECTED AREAS APPENDIX 3 POLICIES ON INSURANCE OF FARMERS DEPRIVED OF LAND APPENDIX 4 PUBLIC PARTICIPATION AND MINUTES APPENDIX 5 RESETTLEMENT INFORMATION BOOKLET APPENDIX 6 DETAILED RESETTLEMENT BUDGET APPENDIX 7 EXTERNAL MONITORING OUTLINE

16 List of Tables TABLE 1-1 IDENTIFICATION OF SCOPE OF CONSTRUCTION AND RESETTLEMENT IMPACTS... 2 TABLE 2-1 OPTIONS FOR COMPARATIVE SELECTION OF THE SUBPROJECT... 6 TABLE 2-2 ADMINISTRATIVE DIVISIONS AFFECTED BY RESETTLEMENT... 8 TABLE 2-3 COLLECTIVE LAND TO BE PERMANENTLY ACQUIRED TABLE 2-4 IMPACT ANALYSIS OF ACQUISITION OF COLLECTIVE LAND TABLE 2-5 PROPORTIONS OF LOSS OF LAND OF AFFECTED HOUSEHOLDS TABLE 2-6 DEGREES OF LOSS OF ARABLE LAND OF AFFECTED HOUSEHOLDS TABLE 2-7 WILLINGNESS OF HOUSEHOLDS AFFECTED BY LAND ACQUISITION FOR RESTORATION PLANS TABLE 2-8 SUMMARY OF TEMPORARY LAND OCCUPATION TABLE 2-9 SUMMARY OF RURAL RESIDENTIAL HOUSES AFFECTED BY DEMOLITION ERROR! BOOKMARK NOT DEFINED. TABLE 2-10 DEGREES OF IMPACT OF DEMOLITION OF RESIDENTIAL HOUSES... ERROR! BOOKMARK NOT DEFINED. TABLE 2-11 AFFECTED GROUND ANNEXES TABLE 2-12 SUMMARY OF AFFECTED POPULATION TABLE 2-13 SUMMARY OF AFFECTED VULNERABLE GROUPS TABLE 3-1 BASIC INFORMATION OF SUZHOU CITY AND THE 3 COUNTIES (DISTRICTS) TABLE 3-2 ECONOMIC INDICATORS OF AFFECTED TOWNS TABLE 4-1 ABSTRACT OF LAND MANAGEMENT LAW AND RELEVANT POLICIES TABLE 4-2 MAIN PROVISIONS OF GUO FA [2004] NO.28 AND MLR FA [2004] NO.238 AND APPLICATION TABLE 4-3 PRINCIPLES FOR RESETTLEMENT OF THE SUBPROJECT TABLE 4-4 COMPENSATION MULTIPLES AND STANDARDS FOR ACQUISITION OF COLLECTIVE LAND OF THE CITIES (COUNTIES) TABLE 4-5 COMPENSATION STANDARDS FOR TEMPORARY LAND OCCUPATION TABLE 4-6 COMPENSATION STANDARDS FOR RURAL RESIDENTIAL HOUSES AND ANNEXES TABLE 4-7 COMPENSATION STANDARDS FOR ANNEXES AND INFRASTRUCTURE TABLE 4-8 TAX STANDARDS FOR RESETTLEMENT OF THE SUBPROJECT TABLE 5-1 WILLINGNESS FOR DEMOLITION OF RESIDENTIAL HOUSES AND RESETTLEMENT OF RURAL RESIDENTS TABLE 5-2 TECHNICAL TRAINING PROGRAM FOR DISPLACED PERSONS TABLE 6-1 STAFFING OF RESETTLEMENT AGENCIES TABLE 6-2 RESETTLEMENT TRAINING SCHEDULE FOR OFFICER AND VILLAGE LEADERS TABLE 7-1 PUBLIC PARTICIPATION AT THE PREPARATION STAGE TABLE 8-1 BUDGET OF RESETTLEMENT EXPENSES TABLE 10-1 PROGRESS REPORT OF LAND ACQUISITION, HOUSE DEMOLITION AND RESETTLEMENT... ERROR! BOOKMARK NOT DEFINED. TABLE 10-2 PROGRESS REPORT OF LAND ACQUISITION, HOUSE DEMOLITION AND RESETTLEMENT. 84 TABLE 10-3 IMPLEMENTATION SCHEDULE OF FUND USE TABLE 10-4 SCHEDULE OF RESETTLEMENT MONITORING AND EVALUATION List of Figures FIGURE 3-1 THE AGE STURCTURE FIGURE 3-2 THE EDUCATION STRUCTURE FIGURE 5-1 HOUSES UNDER UNIFIED PLANNING AND HOUSES POTENTIALLY DEMOLISHED OF DONGFENG VILLAGE

17 1 Overview of the Subproject 1.1 Background and description of the subproject Background of the subproject Since the beginning of the Tenth Five-year Plan, Anhui Province has realized a rapid growth of traffic infrastructure by increasing investment and accelerating construction under the direction and support of the state macro-policies. An integrated traffic system composed mainly of trunk railway lines, expressways, main navigable channels and key airports has taken form. In particular, as the key link between the expressway network and the rural highway network, the national and provincial trunk highway network of the province plays an important role in creating a multi-layered, efficient highway transport system. However, this trunk highway network can hardly meet future transport demand due to its irrational hierarchical structure, relatively low technical standard of highways, and relatively low equivalent mileage. Therefore, it is necessary to improve the existing trunk highway network to improve its throughput greatly, realize the intensive utilization of land resources, and give full play to the service efficiency of the existing traffic resources at the cost of relatively small land occupation. In order to relieve the financial pressure and make reasonable use of funds to build the trunk highway network, AHAB decided to use ADB lending to rebuild and expand some trunk highways in the province in 2008, of which the reconstruction project of X056 (Shantou, Sixian County Minxian, Yongqiao District Section) is part. X056 (Shantou, Sixian County Minxian, Yongqiao District Section) starts from Shantou Town and south Sixian Town, runs through Xiangs/towns like Zhanglou, Dazhuang, Gonggou, Caochang, Dalu and Yugou to the west, and ends at Minxian, Suzhou, with a mileage of km. The whole section will be built as a Class II highway with a design speed of 60km/hour and a roadbed width of 10 meters. The schematic map of the subproject is shown in Appendix Summary of resettlement impacts of the subproject The resettlement impacts of the subproject mainly include permanent and temporary land occupation, and the demolition of rural residential houses, involving 39 villages in 12 Xiangs/towns in Sixian County, Yongqiao District and Lingbi County, including 16 villages of 5 Xiangs/towns in Sixian County, 12 villages of 4 Xiangs/towns in Yongqiao District and 11 villages of 3 Xiangs/towns in Lingbi County. A total of 4187 people out of 1190 households will be affected mu of collective land will be acquired, including mu of farmland ( mu of dry land, 9.69 mu of orchard land, 33.6 mu of woodland and mu of other farmland), accounting for 78.77%; mu of construction land and unused land (72.14 mu of industrial and mining land, mu of other construction land and unused land), accounting for 21.23%. 330 mu of land will be occupied temporarily, all being dry land, including mu of land for borrow pits (52.6%), affecting 542 households with 1,921 persons temporarily. Houses of 8, m 2 have been demolished, including 837 m 2 in masonry concrete structure (I), 2,980 m 2 in masonry concrete structure (II), m 2 in masonry concrete structure (III), m 2 in masonry timber structure (I), 1,507.9 m 2 in masonry timber structure (II), 1, m 2 in masonry timber structure (III) and m 2 in other structure, affecting 134 households with 494 persons. In addition, the subproject has also affected some ground annexes, such as tombs, trees and telegraph poles. Resettlement impacts in each township are shown in Table

18 No Starting and ending pile No. K0+000-K0+510 K4+920-K7+060 K K K K4+920 K K8+020 K K K K K K K K K K K K K K Town/Xian g along the route Table 1-1 Identification of Scope of Construction and Resettlement Impacts Mileage (km) Class Present situation Road Surface bed (m) (m) Shantou 5.35 III 8~9 7 II Liuwei 5.37 III 8~9 7 II Wafang 6.06 III 8~9 7 II Dazhuang 9.93 III 8~9 7 II Huangwei III 8~9 7 II Fengmiao III 8~9 7 II Yugou III 8~9 7 II Youji III 8~9 7 II Xieji III 8~9 7 II After construction Road Surfa Main resettlement impact Class bed (m) ce (m) Permanent acquisition of mu of land, affecting 112 people out of 33 households; demolition of m2 of houses, affecting 24 people out of 7 households Permanent acquisition of57.26 mu of land, affecting 409 people out of 121 households; demolition of 9 m 2 of houses, affecting 3 people out of 1 households Permanent acquisition of 2.03 mu of land, affecting 15 people out of 5 households; demolition of m 2 of houses, affecting 53 people out of 15 households Permanent acquisition of mu of land, affecting 251 people out of 70 households; demolition of m 2 of houses, affecting 56 people out of 14 households Permanent acquisition of mu of land, affecting 129 people out of 36 households; demolition of m 2 of houses, affecting 15 people out of 5 households Permanent acquisition of mu of land, affecting 332 people out of 98 households; demolition of m 2 of houses, affecting 40 people out of 11 households Permanent acquisition of 6.61 mu of land, affecting 43 people out of 13 households; demolition of m 2 of houses, affecting 17 people out of 5 households Permanent acquisition of mu of land, affecting 803 people out of 230 households; demolition of m 2 of houses, affecting 98 people out of 27 households Permanent acquisition of mu of land, affecting 914 people out of 251 households; demolition of 701 m 2 of houses, affecting 26 people out of 7 households 2

19 No Starting and ending pile No. K K K K K K Town/Xian g along the route Mileage (km) Class Present situation Road Surface bed (m) (m) After construction Road Surfa Class bed (m) ce (m) Langan 9.82 III 8~9 7 II Zhihe 3.61 III 8~9 7 II Caocun III 8~9 7 II Main resettlement impact Permanent acquisition of mu of land, affecting 475 people out of 136 households; demolition of m 2 of houses, affecting 147 people out of 38 households Permanent acquisition of mu of land, affecting 112 people out of 33 households; Permanent acquisition of mu of land, affecting 218 people out of 65 households; demolition of m 2 of houses, affecting 15 people out of 4 households 3

20 1.2 Social and economic benefits The social and economic benefits of the subproject are as follows: 1. The subproject is an important measure in response to the eastward development strategy of Anhui Province, and to promote the incorporation of Suzhou City the Yangtze River Delta. Suzhou is close to the Yangtze River Delta, and almost at the average level of Anhui s economy. X056 Shantou, Sixian County Minxian, Suzhou Highway is an important eastward exit highway of Suzhou. The subproject has great significance in improving the investment environment along the route, shortening the spatial and temporal distance between Suzhou City and Jiangsu Province, and promoting the incorporation of Suzhou and even northern Anhui into the Nanjing Urban Circle and the Yangtze River Delta. 2. The subproject is an important measure in response to building a new socialist countryside proposed in the Eleventh Five-year Plan of China. The subproject runs through numerous Xiangs/towns, including Shantou, Dazhuang, Dalu, Yugou, Youji, Jieji and Langan. The subproject can improve the connection between these Xiangs/towns and Yongqiao District or even Jiangsu Province, and give play to the economic influence of cities on Xiangs/towns, and has great significance in driving the development of township enterprises, guiding the orderly transfer of surplus labor to non-agricultural industries and towns, increasing farmers income from labor services, and driving the process of urban-rural integration, and is an important measure in response to building a new socialist countryside. 3. The subproject is an important measure of improving the regional trunk highway network. The X056 Shantou, Sixian County Minxian, Suzhou Highway is an important local highway in the north of Suzhou, Anhui, about km long, connecting the 3 counties (districts) of Sixian, Lingbi and Yongqiao of Suzhou City, and running through Xiangs/towns like Shantou, Dazhuang, Dalu, Yugou, Youji, Jieji and Langan. It is connected to X048 and G206 at both ends, and to G104, S302 and S201 in the urban area and numerous county roads, and is an important passage to Sicheng (seat of Sixian County), Lingcheng (seat of Lingbi County) and Yongqiao District, playing a great supporting role in the economic development of the northern towns of Suzhou. According to traffic volume forecasts, by 2031, the traffic volume of the subproject will be 9,722 cars/day. The existing roads are far from meeting the future traffic demand, and have to be improved. 4. The subproject is a need for the development of resources and the promotion of economic development. Suzhou abounds with natural mineral resources and specialties, especially coal with large reserves and broad distribution, whose proven reserve is about 6 billion tons, accounting for over 10% of the province s coal resources; Suzhou is an integral part of Huaibei-Huainan Coalfield, and an important energy base in eastern China. Huangkou Oilfield has a predicted petroleum reserve of over 2 billion tons; the proven reserve of coal-bed gas in southern Suzhou is 300 billion m 3 ; marble reserve is 40 million m 3, ranking first in China, with over 20 varieties. The Lingbi stone is one of the Four Strange Stones of China. The traffic improvement will facilitate the development and utilization of resources. 1.3 Investment estimate and implementation plan of resettlement The construction investment in the subproject is about 326 million yuan, which will be raised from the following 3 sources: ADB lending, domestic bank lending and funds raised by the employer. The resettlement expenses are million yuan, accounting for 9.64% of total investment, all being domestic counterpart funds. 4

21 The overall construction period of the subproject is 2 years. In conformity with the construction period, the Resettlement Implementation Plan will be implemented from the end of 2011 to

22 2 Impacts of the Subproject 2.1 Measures to avoid or minimize land acquisition and house demolition Principles for design and relocation site selection of the subproject Land acquisition and house demolition will be minimized at the construction stage on the following principles: Avoiding or minimizing the occupation of existing and planned residential areas; Avoiding or minimizing the occupation of high-quality arable land; Utilizing existing national and local roads to lead to the proposed construction area; and Avoiding or minimizing the occupation of environmentally sensitive zones. Involve affected people in detailed design of alignment and passageways and selection of borrow pits to minimize resettlement impacts Comparative selection of options During the design of the subproject, the negative impacts of construction, especially the number of displaced persons, have been minimized by making field investigation of the affected areas repeatedly and optimizing the project design on the precondition of realizing the intended results. Therefore, the amount of land acquisition and house demolition has been minimized, as shown in Table 2-1. Table 2-1 Options for Comparative Selection of the Subproject Option 2 Project Option 1 Conclusion (recommendation) The former route runs The demolition area of houses and The road is rerouted to through Zhangshan, stores can be reduced by 7,448 the south of the town, involving the demolition m 2, the affected population by 79 avoiding the demolition of of numerous urban households, and the number of numerous urban houses. houses entities by 9. X056 The former route runs through Jieji Xiang, involving the demolition of numerous urban houses The road is rerouted to the north of the town, avoiding the demolition of numerous urban houses. The demolition area of houses and stores can be reduced by 6,437 m 2, the affected population by 74 households, and the number of entities by Range of survey of land acquisition and house demolition impacts According to the recommended option, the resettlement impacts of the subproject involve 39 villages in 12 Xiangs/towns of 3 counties (districts). The scope of survey of the impacts of the subproject is shown in 6

23 Table 2-2 Administrative Divisions Affected by Resettlement County/district Pile No. Town Affected villages K0+000 ~ K0+510 K4+920 ~ K7+060 K8+020 ~ K Shantou Shantou,Luochang Sixian K0+510 ~ K4+920 K7+060 ~ K8+020 Liuwei Xima,Gaodu K ~ K Wafang Changwei,Zhanglou,Guoji K ~ K Dazhuang Wanan,Jiebei,Dongfeng,Hexie K ~ K Huangwei Gonggou,Huaxin,Caochang,Wangzhai,Hongxing K ~ K Fengmiao Fengmiao beighborhood committee,houzhu,mugu K ~ K Yugou Zhangzhai,Zhenglou Lingbi Lilou,Youdong K ~ K Youji Youxi,Youwei,Zhangdonghu,Dazhangli K ~ K Xieji Zhangshan,Yunguang,Xieji,Matai K ~ K Langan Landong,Lanxi,Anshui,Hancun,Kanting Yongqiao K ~ K Zhihe Tuanjie K ~ K Caocun Minxian,Zhangzhuang 2.3 Methods and process of survey In November 2008, the Anhui Provincial Construction Department entrusted the Anhui Highway Design Institute to prepare the Proposal for the ADB Financed Anhui Integrated Transport Sector Improvement Project, which was approved by the Anhui Development and Reform Commission. During August-November 2008, the engineering technicians of the Anhui Provincial Communications Planning, Survey and Design Institute conducted a survey of the affected physical indicators in the affected areas with the assistance of the affected villages and villagers as required by ADB to learn the resettlement impacts of the subproject. In November 2008, the Anhui Transport Administration Bureau entrusted the Anhui Highway Design Institute to prepare the Feasibility Study Report of the S312 Project, which is expected to be approved in July From December 2008 to March 2009, the resettlement survey team of ACTVC and Hohai University conducted a sampling survey of the social and economic conditions of the affected areas and the rural households (432) affected by land acquisition and house demolition according to the feasibility study report. The survey covered household population, impacts of land acquisition and house demolition, household economic condition and willingness for resettlement, etc. During the survey, the survey team also listened to the opinions of the village committees and the villagers about land acquisition, house demolition and resettlement, and conducted extensive consultation. The main findings were as follows: 1) Almost all affected rural households welcome the project and know the project will be commenced soon. 2) Almost all affected households thought the impacts of land acquisition to them were slight. After land acquisition, they could cultivate the remaining land and prefer to cash compensation, 3) Although the Project involves 3 counties, the affected households thought the unique compensation rate should be established to show the fairness; 4) The compensation should be disbursed in time and transparently and 8

24 intermediate links should be minimized as much as possible; 5) To house demolition, it should be implemented after the arrangement of house relocating site and compensation disbursement. In May 2011, with the deepening of design, and the adjustment of Anhui Province s policies on land acquisition and house demolition, Hohai University was entrusted to conduct an supplementary survey for RP updating. 2.4 Permanent acquisition of collective land and impact analysis Permanent acquisition of collective land The subproject will acquire mu of collective land, including mu of farmland ( mu of dry land, 9.69 mu of orchard land,33.6 mu of woodland and mu of other land), accounting for 78.77%, mu of construction land and unused land(72.14 mu of towns and mining sites,42.56 mu of other land), accounting for 21.23%.affecting 3813 people out of 1091 households. The acquisition of collective land is shown in Table

25 Table 2-3 Collective Land to Be Permanently Acquired No. Farmland Construction land and unused land Affected people District Pile No.. Town Village arable Woodla Towns and Total House-h Populati /county orchard Others Subtotal Others Subtotal land nd mining sites olds on 1 K0+000 ~K0+510 Shanto K4+920~K7+060 u K8+020~K Shantou K0+510~K4+920 K7+060~K8+020 Liuwei Xima Wafan Changwei K11+120~K g Guoji Sixian 9 Dongfeng Dazha Jiebei K17+180~K ung Hexie Wanan Caochang Huang 17 K27+110~K Wangzhai wei 18 Hongxing Fengmiao 19 beighborhood Fengmi K38+040~K committee ao 20 Houzhu Mugu K57+200~K Yugou Zhangzhai Lingbi 29 Youwei Dazhangli Lilou k67+730~k Youji 32 Zhangdonghu Youxi Youdong Zhangshan Yunguang k80+090~k Xieji 38 Xieji Matai Landing Yongqi Lanxi ao k90+800~k Langan Anshui Hancun Kanting k ~k Zhihe Tuanjie k ~k Caocu Minxian

26 Farmland Construction land and unused land Affected people District No. Pile No.. Town Village arable Woodla Towns and Total House-h Populati /county orchard Others Subtotal Others Subtotal land nd mining sites olds on 47 8 n Zhangzhuang Total

27 2.4.2 Impact analysis of acquisition of collective land The villages affected by the subproject have mu of arable land in total, and mu of arable land will be acquired in the subproject, accounting for 0.23%. Since the subproject involves road reconstruction in a linear distribution, the people affected by land acquisition will lose part of their land only. A comparative analysis of the arable land of the affected villages before and after land acquisition has been made according to the social and economic survey. Among the 31 affected villages, the proportion of impact ranges from 0.01% (Changwei,Youwei,lanxi,Landong and Anshui Villages) to 1.42% (Dazhangli village). The arable land is affected by land acquisition to a very low extent. In terms of income loss, the per capita loss ranges from yuan to 7.35 yuan. The analysis of the villages affected by land acquisition is shown in Table 2-4. Among the 3813 people out of 1091 households affected by land acquisition, 3619 people out of 1043 households have a land loss rate of 0-9%, 194 people out of 49 households 10%-20%, and no rural household has a degree of impact of over 20%. Among the 1043 households with a land loss rate of 0-9%, no affected household has less than 1 mu of arable land, 12 households (1.15%) have 1-3 mu, 320 households (30.68%) have 3-5 mu, and 1,711 households (68.17%) have over 5 mu. Among the 48 households with a land loss rate of 10%-20%, no affected household has less than 3 mu of arable land, 19 households (39.58%) have 3-5mu, and 29 households (60.42%) have over 5 mu. The impact of the households affected by land acquisition is shown in Table 2-5 and Table 2-6. Generally, the affected areas are located in hilly areas, with the morphologic feature of even generally and uneven locally. The main crops are millet, corn, cotton, peanut, vegetables, etc., and only a small hilly area around Jiagou produces rice, known as aromatic rice. The alluvial soil stratum flooded by the Yellow River of the city is thick and fertile. Except greenhouse vegetables, net agricultural income per mu is about 500 yuan, and accounts for a low proportion in gross income. The nonagricultural industries in the affected areas are food processing, textile, building materials, energy, pharmaceutical and quarrying, etc., which have absorbed a large amount of labor. Meanwhile, the affected areas are also labor exporting areas, where about 20% of labor works outside, and about 80% of the farmers income comes from nonagricultural industries. In sum, the land acquisition of the subproject has relatively little impact on the regular agricultural production and agricultural income of the rural households. 12

28 Table 2-4 Impact Analysis of Acquisition of Collective Land Pile No. K0+000~K0+510 K4+920~ K7+060 K8+020~K K0+510~K4+920 K7+060~ K8+020 K11+120~K K17+180~K K27+110~K K38+040~K District/count Total Total Arabl Affected Village y house-hold populatio e land house-hold s n (mu) s Before acquisition Impact of acquisition Proportion affected Income loss(yuan) %of Proportion Affectrd Arabl Proportion of Proportion of of land populatio e land house-holds(% population(% acquisitio n (mu) ) ) n (%) Shantou Shantou % 2.47% 0.33% Liuwei Xima % 11.41% 0.90% Annual loss Average loss per house-hol d Percapita l loss whole income of percapita l % % 7 Changwei % 0.22% 0.01% % Wafang Guoji % 0.10% 0.02% % Dongfeng % 0.20% 0.02% % Jiebei % 0.71% 0.09% % Dazhuang Hexie % 3.81% 0.42% % Wanan % 0.22% 0.03% % Caochang % 0.35% 0.03% % Wangzhai % 0.81% 0.09% % Huangwei Hongxing % 1.43% 0.16% % 6 Fengmiao neighborhoo % 3.75% 1.13% % 0 Fengmiao d committee Houzhu % 1.53% 0.16% % 0 K57+200~K Yugou Zhangzhai % 8.58% 0.91% % Youwei % 2.23% 0.15% % k67+730~k Youji Dazhangli % 11.10% 1.42% % 0 zhangdongh % 3.88% 0.03% % 13

29 Before acquisition Impact of acquisition Proportion affected Income loss(yuan) Pile No. k80+090~k k90+800~k k ~k k ~k District/count Total Total Arabl Affected Village y house-hold populatio e land house-hold s n (mu) s u Proportion Affectrd Arabl Proportion of Proportion of of land populatio e land house-holds(% population(% acquisitio n (mu) ) ) n (%) Youxi % 30.69% 0.82% Youdong % 6.36% 0.56% Zhangshan % 11.08% 1.01% %of Annual loss Average loss per house-hol d Percapita l loss whole income of percapita l % % % 8 Yunguang % 1.00% 0.08% % Xieji Xieji % 2.58% 0.21% % 3 Matai % 6.22% 0.60% % Landing % 2.17% 0.01% % Lanxi % 4.70% 0.07% % Langan Anshui % 0.41% 0.01% % Hancun % 0.23% 0.02% % Kanting % 2.52% 0.15% % Zhihe Tuanjie % 2.72% 0.05% % Minxian % 1.69% 0.02% % Caocun Zhangzhuan % 3.74% 0.17% % g Table 2-5 Proportions of Loss of Land of Affected Households District/tow Town/xian Land loss Pile No. Village n g 0-9% 10%~20% >20% Total 14

30 Sixian Lingbi Yongqiao K0+000~K0+510 K4+920~ K7+060 K8+020~ K K0+510~K4+920 K7+060~K8+020 House-hold s Populatio n House-hold s Populatio n House-hold s Populatio n House-hold s Shantou Shantou Liuwei Xima Populatio n K11+120~K Wafang Changwei Guoji Dongfeng K17+180~K Dazhuang Jiebei Hexie Wanan Caochang K27+110~K Huangwei Wangzhai Hongxing K38+040~K Fengmiao Houzhu Mugu K57+200~K Yugou Zhangzhai Yuwei Dazhangli Lilou k67+730~k Youji Zhangdongh k80+090~k k90+800~k k ~k Xieji Langan u Youxi Youdong Zhangshan Yunguang Xieji Matai Landong Lanxi Anshui Hancun Kanting Zhihe Tuanjie

31 District/tow n Pile No. k ~k Town/xian g Caocun Land loss Total 0-9% 10%~20% >20% Village House-hold Populatio House-hold Populatio House-hold Populatio House-hold Populatio s n s n s n s n Minxian Zhangzhuan g Table 2-6 Degrees of Loss of Arable Land of Affected Households Land loss Exiting arable land <10% 10%~ 20% >20% Subtotal <1 mu ~3mu ~5mu >5mu Tatal

32 According to the field survey, the households affected by land acquisition have the following willingness for resettlement: a) Use land compensation fees to renovate watercourses and improve water conservancy infrastructure, chosen by 47 households, accounting for 4.31% of all households affected by land acquisition; b) Readjust the structure of crop cultivation from one focused on cereal crops with low economic efficiency, such as corn and wheat, into one focused on crops with higher economic efficiency, such as vegetables and sweet potato, or increase the scale of stockbreeding, chosen by 231 households, accounting for 21.17%; c) Invest land compensation fees in tertiary industry businesses, such as catering, general merchandise and repair, to increase economic income, chosen by 99 households, accounting for 9.07%; and d) Use land compensation fees for skills learning and training, and to look for job opportunities from the outside, chosen by 714 households, accounting for 65.44%. The restoration plan for the impacts of land acquisition is shown in Table 2-7. Table 2-7 Willingness of Households Affected by Land Acquisition for Restoration Plans Cash Restoration plan (households) Proportion compensation Restructuring Tertiary of land Households Farmland Skills training, (per of crop industry loss improvement employment household) cultivation businesses <10% 1,043 1, % % Total 1,091 1, Proportion 4.31% 21.17% 9.07% 65.44% 2.5 Temporary land occupation Temporary land use for construction means land occupied temporarily during the construction period, including borrow pits, and production, living areas and roads occupied temporarily during construction. All land occupied temporarily by the subproject is collective land, with a total area of mu, all being dry land, affecting 1,921 people out of 542 households temporarily. The average period of temporary occupation is 2 years. According to the detailed design of the subproject, in the land occupied temporarily by the subproject, borrow pits will occupy mu (52.6%), while the other land will occupy mu (47.4%). Borrow pits will be located in mountain land or unused land where possible to avoid any adverse impact on rural households. If occupation of arable land is unavoidable, the following principals would be taken: (i) avoid creating unusable land and adverse environmental impacts, (ii) the selection of sites for burrow areas and spoil areas should include consultation with affected villages and should be in accordance with the township/ villages master plans, land use plans and the new countryside construction plans; (iii) the sites should be concentrated and the impact on arable land should be minimized; (iv) Where possible, site should be selected in low-lying land with bad soil quality; (v) According to the wills of local people, local geographical conditions and environmental regulations, the deep excavations could be restored as part of the local canal system, fishponds, farmland or landfill through different construction methods. The impacts of temporary land occupation are shown in Table

33 Table 2-8 Summary of Temporary Land Occupation Districit/county Pile No. Town /xiang Village Sixian Lingbi Yongqiao K0+000~K0+510 K4+920 ~K7+060 K8+020~K K0+510~K4+920 K7+060~ K8+020 Land occupied temporarily for borrow pits(mu) Other land occupied temporarily Total Temporarily affected population Dry land Subtotal Dry land Suntotal Household person Shantou Shantou Liuwei Xima K11+120~K Wafang Changwei Guoji Dongfeng K17+180~K Dazhaung Jiebei Hexie Wanan Caochang K27+110~K Huangwei Wangzhai Hongxing K38+040~K Fengmiao Houzhu Mugu Yugou K57+200~K Yugou neighborhoo d committee Zhangzhai Youwei k67+730~k Youji Dazhangli Youxi Youdong Zhangshan k80+090~k Xieji Xieji Matai Landong k90+800~k Langan Hancun Kanting k ~k Zhihe Tuanjie k ~k Caocun Minxian

34 Districit/county Pile No. Town /xiang Village Land occupied temporarily for borrow pits(mu) Other land occupied temporarily Total Temporarily affected population Dry land Subtotal Dry land Suntotal Household person 8 Zhangzhuan g Tatal

35 2.6 Demolition of residential houses and impact analysis All residential houses demolished in the project are rural residential houses m 2 of residential houses will be demolished, including 837 m 2 of the masonry concrete structure (I), 2980 m 2 of the masonry concrete structure(ii), m 2 of the masonry concrete structure (III); m 2 of the masonry timber structure (I), m 2 of the masonry timber structure (II), m 2 of the masonry timber structure (III)and m 2 in the other structure, affecting 494 people out of 134 households, of which 134 people out of 35 households are also affected by land acquisition. Based on the survey, the subproject has little impact of house demolition, and some towns (e.g., Dazhuang and Sixian) have defined planning control lines for X056 (50m along the road) and made extensive propaganda. In addition, when building their houses, the affected households had already considered the possibility that the existing roads might be broadened, and kept their houses at a certain distance from X056. The residential houses to be demolished in the subproject are shown in 20

36 District/count y Sixian Lingbi Yongqiao Table 2-9 Summary of Rural Residential Houses Affected by Demolition Pile No. Town/xian g Village Masonr y concret e structur e (I) Masonr y concret e structur e (II) Masonr y concret e structur e (III) Demolition of residential house Masonr y timber structur e (I) Masonr y timber structur e (II) Masonr y timber structur e (III) Others Total Affected person Househol d Peopl e Person also affected by land acquisition K0+000~K0+510 K4+920~ K7+060 Shantou Shantou K8+020~ K Luochang K0+510~ K4+920 K7+060 ~K8+020 Liuwei Gaodu Zhanglou K11+120~K Wafang Changwei Guoji Dongfeng K17+180~K Dazhaung Jiebei Hexie Gonggou K27+110~ K Huangwei Huaxin Hongxing Fengmiao K38+040~K Fengmiao neighborhoo d committee K57+200~ K Yugou Zhenglou Youwei K ~K Youji Lilou Zhangdongh u K80+090~K Xieji Zhangshan K90+800~K K ~ K Langan Caocun Househol d Landong Lanxi Hancun Zhangzhuan g Total Peopl e

37 Among the households affected by the demolition of residential houses, 27 household has a demolition area of 20 m 2, accounting for 20.15%, 34 household (25.37%) m 2, 51 households (38.06%) m 2, 22 households (16.42%) m 2 and 36 households (42.4%) 151 m 2 or more. Table 2-10 Degrees of Impact of Demolition of Residential Houses Households District /county Sixian Pile No. K0+000~K0+510 K4+920~K7+060 K8+020~K K0+510~ K4+920 K7+060~ K8+020 K11+120~K K17+180~K K27+110~K K38+040~K Town /xiang Shantou Village <2 0 m2 21 ~ 50 m2 51 ~ 100 m2 101 ~ 150 m2 >15 1 m2 subtot al Shantou Luochang 2 2 Liuwei Gaodu 1 1 Wafang Dazhuan g Huangw ei Fengmia o Zhanglou Changwei Guoji 2 2 Dongfeng 3 3 Jiebei 1 1 Hexie Gonggou 1 1 Huaxin 1 1 Hongxing Fengmiao neiborhood committee Lingbi Yongqia o K57+200~K Yugou Zhenglou Youwei K67+730~K Youji Lilou 4 4 Zhangdong 1 1 hu K80+090~K Xieji Zhangshan K90+800~K Langan Landing Lanxi Hancun K ~K Caocun Zhangzhuan g Total Affected infrastructure and ground annexes The subproject affects 14 types of infrastructure and ground annexes, including public toilets, telegraph poles and transformers, as shown in Table

38 Table 2-11 Affected Ground Annexes County Pile No. Sixian Lingbi Xiang /town K0+000 ~ K0+510 K4+920 ~ Shantou K7+060 K8+020 ~ K K0+510 ~ K4+920 Liuwei K7+060 ~ K8+020 K ~ K K ~ K K ~ K K ~ K K ~ K K ~ K Wafang Dazhuan g Huangw ei Fengmia o Yugou Youji Village Public toilets 10KV telegraph poles 380V telegraph poles 380V wooden telegraph poles Tractor Transf ormers Canals plowing Tombs roads Commu nication cables Power cables Pumped wells, large opening wells / / / / / m 2 m 2 / M M / / / / Shantou Luochang Xima Gaodu Changwei Zhanglou Guoji Hexie Dongfeng Dazhuang Wan an Gonggou Huaxin Caochang Wangzhai Hongxing Fengmiao Neighborhood Committee Zhangzhai Zhenglou Lilou Youdong Youxi Big trees (non fruit) Small trees (non fruit) Scattered fruit trees 25

39 County Pile No. Yongqia o K ~ K K ~ K Xiang /town Jieji Langan Village Public toilets 10KV telegraph poles 380V telegraph poles 380V wooden telegraph poles Tractor Transf ormers Canals plowing Tombs roads Commu nication cables Power cables Pumped wells, large opening wells / / / / / m 2 m 2 / M M / / / / Youwei Zhangdonghu Dazhangli Zhangshan Matai Landong Lanxi Anshui Hancun Kanding K ~ Zhihe Tuanjie K K ~ Minxian Caocun K Zhangzhuang Big trees (non fruit) Small trees (non fruit) Scattered fruit trees 26

40 2.8 Affected Persons Summary The subproject will affect 4187 people out of 1190 households in total, in which 3693 people out of 1056 households are affected by the acquisition of collective land only, 120 people out of 35 households are affected by both house demolition and land acquisition, 374 people out of 99 households are affected by house demolition only, and 1921 people out of 542 households are affected by temporary land occupation. The population affected by the subproject is shown in 27

41 Table 2-12 Summary of Affected Population County Sixian Lingbi Yongqiao Total Town Village land occupation Households only Population House demolition Households Direct impact on population Temporary population only Both land occupation and house demolition Total Population Households Population Households Population Households Population

42 2.8.2 Affected vulnerable groups For the purpose of the project, vulnerable groups mean the disabled, Wubao, widows, low-income or poor person and ethnic minorities. Based on the survey, the affected population is composed entirely of Han people. The main vulnerable groups affected by the Project are the disabled, Wuhao, widows and low-income persons 1. According to the survey, it is estimated that 108 people of 26 households (including 15 people of 4 are disabilities, 52 people of 12 households are Wubao (Five Guarantees) 2, 37 people of 9 households are low-income and 4 people of 1 households are widows) fall into vulnerable groups and need special attention. The affected vulnerable groups are shown in 1 the annual per capita net income is below 1067 yuan 2 Wubao refers to the person who not only loses the labor abilities and income, but has no dependent person regulated by laws. The Wubao could get the subsidies or assistance from government as follows: 1) Grain and oils, subsidiary food and fuel; 2) Living goods including clothes, quilt etc, and pocket money; 3) Basic residential housing, 4) Medical subsidies; 5) Funeral affairs 30

43 Table The vulnerable groups affected by the project will be further identified based on their family structure, labor employment, family resources possessed and other objective conditions, and the information mastered by the local civil affairs authorities. Once any affected household is identified as a vulnerable group, the implementing agencies will offer special assistance during the implementation of resettlement. 31

44 Table 2-13 Summary of Affected Vulnerable Groups County/ district Lingbi Yongqiao Town/ Xiang Yugou Youji Langan Wubao house Disability Widows Low income or poor people Village Affected Affected Affected Affected Affected Affected Affected Affected Affected house house house house house population population population population -holds -holds -holds -holds -holds Zhenglou Yugou Zhangdonghu Lilou Dazhangli Youxi Youji Lanxi Anshui Hancun Caocun Minxian Total Total Affected population 32

45 2.8.3 Affected women Among the affected people surveyed, there are 503 women, accounting for 45.3% of total population. Among the rural households affected by land acquisition, there is only one household composed mainly of single female labor resulting from bereft of spouse, and the main sources of income of this household is crop cultivation and stockbreeding. According to the survey, the affected women enjoy the same legal rights as men, including contracting of arable land, receiving education, family planning, participation in election, etc. Most of the interviewed female laborers think they have the same autonomy in production and operation as men, and can elect to work or do small business freely. Of course, men and women play different roles in family life and production. More women do housework, bring up children, deal with household sidelines (e.g., household cultivation), and work at manual manufacturing plants, while men deal with transport or work mainly. Generally, the working hours of women are 1.2 times those of men. The impact on the affected women income comes mainly from the reduction in agricultural production arising from the acquisition of arable land and the impact on household cultivation arising from house demolition, while the per capita income from crop cultivation and stockbreeding is up to 1,606.6 yuan/person, accounting for 31.8% of household income. In terms of education, boys and girls enjoy equal opportunities in receiving education, and as long as children study hard, their parents would do their best to support their school education. According to the survey, women have the same concerns as men: (a) The compensation standards should be based on land output and resettlement cost; and (b) The compensation fees should be paid directly to the affected rural households based on their needs. Women have the following needs that are different from men: (a) Women ask for an equal degree of cash compensation and land replacement; (b) Women ask for training on crop cultivation, stockbreeding and manual work; and (c) In most households, men play a dominant role in participation, while women also expect to participate in village-level management. See Appendix 2 (Part A) for the gender analysis. 33

46 3 Social and Economic Profile 3.1 Social and economic profile of affected areas Social and economic profile of affected city and counties The subproject involves Suzhou City and its Yongqiao District, Lingbi County and Sixian County. Their social and economic conditions are as follows: Suzhou City Suzhou City is located at the north gate of Anhui, the south tip of the Huang-Huai Plain, the hinterland of the Huaihai economic region and the west edge of the Yangtze River Delta economic zone, and is the leader of the Longhai economic zone and the bridgehead of the Eurasian Continental Bridge. By the end of 2009, the city had a land area of km 2 and a resident population of million out of million households. Yongqiao District Yongqiao District is located at the junction of Jiangsu, Henan and Anhui Provinces, and is the largest county-level district of China, the seat of the Suzhou Municipal Government, and the political, cultural, financial, economic and trade center of Suzhou City. By the end of 2009, the district had a land area of 2,868 km 2 and a resident population of million out of 429,600 households. Lingbi County Lingbi County is located in the east of the Huaibei Plain and borders Sixian on the east, Yongqiao District on the west, Guzhen and Wuhe Counties, Bengbu on the south, and Tongshan and Huining Counties, Jiangsu on the north. The county has a land area of 2,054 km 2 and a resident population of million out of 299,900 households. Sixian County Sixian County is located in the northeast of Anhui, the south tip of the Huang-Huai Plain and the junction of 5 counties in Jiangsu and Anhui, close to the coastal region and backing on the Central Plains. By the end of 2009, the county had a land area of 1,787 km 2 and a total population of 910,900 out of 235,900 households. The social and economic conditions of Suzhou City and its 3 counties/districts are shown in Table 3-1. Table 3-1 Basic Information of Suzhou City and the 3 Counties (Districts) City, county/ district Suzhou City Yongqiao District Lingbi County Households (10,000) Total population (10,000) Land area (km 2 ) Per capita arable area (mu) GDP (billion yuan) Per capita net income (yuan) Sixian Social and economic profile of affected towns (sub-districts) The subproject involves 5 Xiangs/towns in Sixiang County, 3 Xiangs/towns in Lingbi County and 4 Xiangs/towns in Yongqiao District, 12 Xiangs/towns in total. Their economic conditions are as follows: Shantou Town This town is located in the northeast of Sixian County, with a total area of about 108,000 mu and a population of 73,600. The town features advantaged geographic location and environment, a solid agricultural foundation and a stockbreeding industry of fine-breed pig, and is a typical major agricultural town in Sixian County, growing 10,000 mu of seedless watermelon. For example, there are 34

47 over 1,000 hybrid sows in Xujing Village, which produces 25,000 piglets annually. 20,000 surplus laborers go out for work annually, generating an income of about 150 million yuan. Liuwei Town This town is located 30km from the northeast of Sixian County, with a total area of 83 km 2, a population of 49,500 and an arable area of 76,000 mu. It is located in a fertile plain that abounds with wheat and cotton, and also a production base of seedless watermelon, black bean, and black, red and yellow-hearted sweet potato. The town has 650 enterprises in total, including 10 township enterprises, 15 village-run enterprises and 625 private enterprises. Wafang Xiang This Xiang is located in the northeast of Anhui, typical of the Huaibei Plain, with a total area of 210 km 2 and a population of about 61,400. The Xiang abounds with cheap labor resources, and outputs over 18,000 laborers annually. The Xiang features convenient traffic, and is run through by the Shan-Min Highway that is connected to National Highway 104 on the west, 3km away from National Highway 104 only. Dazhuang Town This town is located 25km from Sixian Town, Anhui, with a total area of 94.7 km 2 and a population of about 66, ,000 mu of mulberry field has been developed in the town, and a production system of mulberry cultivation, sericulture, drying and silk reeling has been created. The town has a wheat-cotton inter-planting area of 35,000 mu, with an annual output of 175,000 loads (one load = 50kg) of ginned cotton, and a fruit planting area of 3,000 mu, with an annual output of 6 million kilograms. The Hongyuan crisp pear produced by Xiaosong Village sells to central cities like Shanghai and Nanjing. There are about 280 township and village enterprises in this town, including reeling mills, flour mills, furniture plants, timber processing plants, stone-working plants and sheet processing plants. Huangwei Town This town is located in the northwest of Sixian County, and borders Lingbi County on the west and Liji Town, Huining County, Jiangsu on the north. The town has a population of 66,100, rich resources and convenient traffic, and is the wheat and cotton production base and sheet processing base of the county. Presently, the town has 335 industrial enterprises of all kinds, with a total workforce of 5,600 and a gross industrial output value of 774 million yuan. Fengmiao Town This town is located in the northeast of Lingbi County, and borders Dalu and Damiao Xiangs on the north, Dayang Xiang and Huangwei Town, Sixian County on the south and the Xinsui River on the west, with a south-north span of 22.5km. The Ling-Shuang and Ling-Sui Highways converge in the town, and there is a developed network of rural highways and watercourses, providing very convenient traffic. The town has a population of about 72,000 and an arable area of 102,000 mu. There are 25 enterprises in the town, including flour mills, agricultural machinery repair stations, plywood and sheet processing plants. Yugou Town This town is located in the north of Lingbi County, 41km away from the county seat, 20km away from the Xuzhou Guanyin Airport in the north, run through by Provincial Highway 201, boasting significant geographic advantages. The town has a total area of 90.6 km 2 and a population of about 60,000. Mountain land, sand and warp land accounts for 1/3 of its territory each. It is the famous Town of Chime Stone of China, and its Lingbi stone ranks first among the 4 major famous stones of China. Youji Town This town is located on the midpoint of Provincial Highway 201 between Lingbi and Xuzhou, 45km away from the seat of Lingbi County in the south and Xuzhou in the north each. The town borders Zhuji Town in the south, Xialou Town in the north and Yugou Town in the east. The town has a population of 53,000 and a total area of km 2. Youji is a major town of commerce and trade, where the 4 pillar industries of automobile transport, flour processing, commercial distribution and stockbreeding have come into being. Jieji Xiang This Xiang is located in the northeast of Yongqiao District, 40km away from the urban area. The Xiang has a total area of km 2 and a population 35

48 County/ district Sixian Lingbi Yongqiao of about 50,000. The minerals include copper, iron and marble, etc. The township enterprises deal mainly with commerce and trade, marble carving, reed matting and wickerwork. The farm products include wheat, paddy rice, soybean, corn, sweet potato, cotton, tobacco leaf and oils, etc. Langan Town This town is located in the northeast of Yongqiao District, 50km away from the urban area. The town has a total area of km 2 and a population of 67,000. The minerals include marble, copper ore and limestone, etc. Gingko, hawthorn, peach, pear, apple and economic forests are widely planted. The farm products include wheat, soybean, corn, sweet potato, cotton, tobacco leaf and oils, etc. The township enterprises deal mainly with commerce and trade, architecture, building materials, cotton ginning and quarrying. Zhihe Xiang This Xiang is located in the central north of Yongqiao District, 45km away from Suzhou and Xuzhou in the south and north respectively, boasting convenient traffic and rich resources. The Xiang abounds with high-grade wheat, high-grade cotton, high-grade soybean, high-grade watermelon, high-grade carrot and high-grade poplar. The Xiang has a total area of 69.5 km 2 and a population of 34,000. Caocun Town This town is located in the north-most point of Anhui and at the junction of 3 counties in 2 provinces. The town has a population of 62,000 and a total area of km 2, abounds with resources and products, such as the Minzi aromatic rice and the Songhu Lake characteristic sweet potato, and is the main production base of wheat, cotton and oils of Yongqiao District. The minerals include coal, kaolin and dolomite, etc. The town has 4 large-scale enterprises and 40 small and medium enterprises, including brickyards, pebble processing plants and building material plants. The economic conditions of the affected Xiangs and towns are shown in Table 3-2. Per capita net Arable Per capita Town/ Agricultural income of Households Population Men area arable area Xiang population farmers (mu) (mu/person) (yuan/person) Shantou Liuwei Wafang Dazhuang Huangwei Fengmiao Yugou Youji Jieji Langan Zhihe Caocun Table 3-2 Economic Indicators of Affected Towns Social and economic profile of affected villages The subproject will affect 39 villages in 12 Xiangs/towns. The 39 affected villages have a population of per household, a per capita arable area of mu, and a per capita income of yuan. The traditional crops of the affected villages are mostly wheat, cotton and corn, and the villages have their respective characteristics. For example, nearly 300 households in 4 villages of Wafang Xiang deal with crop cultivation focused on common Cultivatea mushroom; many villages of Liuwei Town are production bases of seedless watermelon, black bean, and black, red and yellow-hearted sweet potato. Meanwhile, many villages of Wafang Xiang, 36

49 Shantou Town and Yugou Town have a developed stockbreeding industry. The main nonagricultural industries of the villages of Caocun and Yugou Towns are coal production, quarrying and pebble processing mainly. The social and economic conditions of the affected villages are shown in Table

50 Table 3-3 Economic Indicators of Affected Villages County/ district Xiang /town Village Households Persons Including male Labor force Arable area (mu) Per household population Per capita arable area (mu/person) Per capita net income (yuan/person) Shantou Shantou Luochang Liuwei Xima Gaodu Changwei Wafang Zhanglou Guoji Dongfeng Sixian Jiebei Dazhuang Hexie Wan an Caochang Gonggou Huangwei Huaxin Wangzhai Hongxing Fengmiao Fengmiao Houzhu Mugu Yugou Zhenglou Zhangzhai Lingbi Youwei Dazhangli Lilou Youji Zhangdonghu Youxi Youdong Yongqiao Jieji Zhangshan

51 County/ district Xiang /town Village Households Persons Including male Labor force Arable area (mu) Per household population Per capita arable area (mu/person) Per capita net income (yuan/person) Yunguang Jieji Matai Landong Lanxi Langan Anshui Hancun Kanding Zhihe Tuanjie Caocun Minxian Zhangzhuang

52 3.2 Social and economic profile of affected population To learn the basic information of the population affected by land acquisition, the social and economic survey team conducted a sampling survey of the affected households. The subproject affects 4187 people out of 1190 households. 260 households were involved in the sampling survey, accounting for 21.85% of all affected households. The sample distribution is shown in Table 3-4. Table 3-4 Distribution Structure of Sample of Sampling Survey County/ district Sixian Lingbi Yongqiao Xiang /town Village Households sampled Affected households Sampling rate Shantou Luochang % Shantou % Liuwei Xima % Gaodu % Changwei % Wafang Zhanglou % Guoji % Dongfeng % Dazhuang Jiebei % Hexie % Wan an % Caochang % Gonggou % Huangwei Huaxin % Wangzhai % Hongxing % Fengmiao neighborhood Fengmiao committee % Houzhu % Mugu % Yugou Zhenglou % Zhangzhai % Youwei % Dazhangli % Youji Lilou % Zhangdonghu % Youxi % Youdong % Zhangshan % Jieji Yunguang % Jieji % Matai % Landong % Lanxi % Langan Anshui % Hancun % Kanding % Zhihe Tuanjie % Caocun Minxian % Zhangzhuang % 40

53 1) Ethnic and gender analysis The 260 surveyed households have a total population of 1109, a total labor force of 894 and an average household population of All the surveyed population is Han people, including 503 women, accounting for 45.3%; women deal mainly with crop cultivation, housework and other productive activities. 2) Age structure Among the 1109 people, 167 are under the age of 18, accounting for 15.0%; 507 aged 18-40, accounting for 45.8%; 386 aged 40-60, accounting for 34.9%; and 48 aged over 60, accounting for 4.3%. See Figure 3-1 for the age structure. 4% 15% 35% 46% above 60 Figure 3-1 the age sturcture 3) Education Among the 1109 people, 43 are illiterate, accounting for 4.0%; 214 have received primary school education, accounting for 19.3%; 488 have received junior secondary school education, accounting for 44.0%; 216 have received senior / technical secondary school education, accounting for 19.4%; 147 have received college or above education, accounting for 13.3%. 4% 13% illiterate 19% primary school 19% secondary school 45% senior / technical secondary school college or above Figure 3-2 the education structure 4) Housing area The 260 surveyed households have a total housing area of m 2, a housing area per household of m 2, and a per capita area of m 2. 5) Arable land The 260 surveyed households own 4.71mu of arable land per household or 1.10 mu of arable land per person. The arable land is paddy field and dry land mainly. 6) Household properties Among the 1109 people out of the 260 surveyed households, an average 41

54 household owns 1.15 black-and-white TV sets, 0.21 refrigerators, 1.64 electric fans, 0.74 washing machines, 0.14 air-conditioners, 1.07 telephones, 1.08 motorcycles, 0.69 tractors and 0.51 tractors. In terms of household properties, the affected households largely have a medium or low standard of living. 7) Household income and expenditure According to the statistical analysis of the 1109 people out of the 260 surveyed households, per capita annual household income is yuan/person, in which agricultural income is yuan/person, accounting for 22.7%; stockbreeding income yuan/person, accounting for 16.1%; operating income 1,718.1 yuan/person, accounting for 41.5%; and other income yuan/person, accounting for 19.7%. The main sources of income of the farmers mainly include crop cultivation, secondary industries, employment, etc., which is consistent with the local industrial structure in which agriculture and industry are paid equal attention to. Women usually do manual work while farming, while men usually work at a factory or outside. Per capita annual household expenditure is yuan/person, in which household operating expenditure is yuan/person, accounting for 21.1%; personal consumption expenditure yuan/person, accounting for 62.7%; tax and charge payment 38.9 yuan/person, accounting for 1.6%; purchase of productive fixed assets yuan/person, accounting for 7.1%; and other consumption yuan/person, accounting for 16.4%. The sampling survey results of the income and expenditure of the affected households are shown in Table 3-5. Table 3-5 Analysis of Household Income and Expenditure Per capita Item (yuan/person) Annual household income 3 Agricultural income Stockbreeding income Operating income Other income Proportion (%) Sub-Gross Total Household operating expenditure Purchase of productive fixed assets Net income / Annual Household expenditure 5 Personal consumption expenditure Payment of taxes and charges Other sub-total Saving / Source: Baseline survey, Annual household income= Agricultural income+ Stockbreeding income + Operating income + Other income 4 Net income= Annual household income- Household operating expenditure- Purchase of productive fixed assets 5 Annual household expenditure= Household operating expenditure+ Purchase of productive fixed assets+ Personal consumption expenditure+ Payment of taxes and charges+ other 6 Saving= Annual household income- Household expenditure 42

55 8) Willingness for resettlement While conducting the social and economic survey, the survey team also conducted a survey of willingness for resettlement, the results of which are as follows: Awareness: 94.0% of the respondents are aware of the subproject, and 6.0% are unaware; Supportive attitude: 95.0% of the respondents support the subproject, and 5.0% are indifferent; Degree of impact: 80.2% of the respondents think the subproject has no adverse impact; 3.7% think the construction of the subproject will affect traffic; 8.6% think house demolition will cause economic losses to them; and 7.4% think land acquisition may reduce their income. Resettlement for production: 96.4% of the respondents ask for cash compensation without land replacement; 3.6% ask for land reallocation and require that compensation fees should belong to the collective. The public opinion survey is shown in Table

56 Table 3-6 Public Opinion Survey No. Question Answer Proportion of selection by affected households (%) Total 1 Are you clear about the subproject? (1) Clear; (2) Not very clear; (3) Unclear Source of the subproject and land acquisition (1) Newspaper; (2) Meeting; (3) Neighbor; (4) Social surveyor Do you approve of the subproject? (1) Yes; (2) No; (3) Indifferent a) State: (1) Yes; (2) No To whom do you think the subproject is of b) Collective: (1) Yes; (2) No benefit (multiple choices allowable)? c) Individual: (1) Yes; (2) No Which benefits do you think the subproject will bring to you? What adverse impacts do you think will the subproject have on you? Do you know the compensation and resettlement policies for land acquisition and house demolition? (1) Keeping assets safe; (2) Improving ecological environment; (3) Increasing income; (4) Other (1) No adverse impact; (2) Impact on traffic conditions due to construction; (3) Possible economic losses due to house demolition; (4) Possible reduction of income due to land acquisition; (5) Other adverse impacts (1) Yes; (2) Somewhat; (3) No During land acquisition and house demolition, will you file an appeal when your lawful rights (1) Yes; (2) No and interests are infringed upon? Willingness for compensation for land acquisition If you expect cash compensation, what will you do when you receive it? What assistance do you expect after land acquisition? (1) Cash compensation without land replacement; (2) Land reallocation, with compensation fees going to the collective; (3) Other, specify (1) Secondary and tertiary industries; (2) Work outside; (3) Industrial restructuring; (4) Purchase of insurance; (5) Other, specify (1) Skills training; (2) Provision of employment information; (3) Other, specify

57 4 Legal Framework and Policies 4.1 Laws, regulations and policies applicable to resettlement The resettlement policies for the subproject are formulated based on ADB policies and the applicable laws, regulations and policies of China mainly, including: 1) ADB policies Involuntary Resettlement, November 1995 Gender and resettlement, February ) Laws, regulations and policies of the PRC Land Management Law of the People's Republic of China (effective from January 1, 1999, amended on August 28, 2004) Decision of the State Council on Deepening Reform and Exercising Strict Land Management (Guo Fa [2004] No.28) (October 21, 2004) Provisions on Land and Resources Hearing (effective from May 1, 2004) Guidelines on Improving Compensation and Resettlement Systems for Land Acquisition (MLR Fa [2004] No.238) (November 3, 2004) Measures for the Administration of Preliminary Examination of the Land Used for Construction Projects (Ministry of Land and Resources Order No.27) (November 1, 2004) Measures on Public Announcement for Requisition of Land (effective from January 1, 2002) 3) Provincial and local policies Circular of the Anhui Provincial People s Government on Doing Well in Compensation and Resettlement for Land Acquisition to Protect Farmers Lawful Rights and Interests Practically Detailed Rules of Anhui Province for the Management of the Collection and Use of Farmland Reclamation Fees (Cai Zong [2001] No.1061) Procedures of Anhui Province on the Implementation of the Land Management Law of the People s Republic of China (December 1, 2002) Circular of the Anhui Provincial Finance Department on Farmland Occupation Tax on Highways Guidelines of the Anhui Provincial People s Government on Doing Well in the Employment and Social Security for Farmers Affected by Land Acquisition (Wan Zheng [2005] No.63)(see Appendix 3) Notice of transfer of the Opinion on the Implementation of Land Acquisition and House Demolition for Transit Highways of Suzhou Municipality of the municipal communications bureau, land and resources bureau and construction bureau (Su Zheng Fa [2002] No.23) Interim Procedures of Suzhou Municipality on the Basic Endowment Insurance of Farmers Affected by Land Acquisition (see Appendix 3) the Notice of the Anhui Provincial Government on the Promulgation of the Compensation Standard for Land Acquisition (APG [2009] No.132 of the Anhui Provincial Government). 4.2 ADB policies The three important elements of the involuntary resettlement policy are (i) compensation to replace lost assets, livelihood, and income; (ii) assistance for relocation, including provision of relocation sites with appropriate facilities and services; and (iii) assistance for restoration to achieve at least the same level of well-being with the project as without it. Some or all of these elements may be present 45

58 in a project involving involuntary resettlement. For any ADB operation requiring involuntary resettlement, resettlement planning is an integral part of project design, to be dealt with from the earliest stages of the project cycle, taking into account the following basic principles: (i) Involuntary resettlement should be avoided whenever feasible. (ii) Where population displacement is unavoidable, it should be minimized by providing viable livelihood options. (iii) Replacing what is lost. If individuals or a community must lose all or part of their land, means of livelihood, or social support systems, so that a project might proceed, they will be compensated and assisted through replacement of land, housing, infrastructure, resources, income sources, and services, in cash or kind, so that their economic and social circumstances will be at least restored to the pre-project level. All compensation is based on the principle of replacement cost. (iv) Each involuntary resettlement is conceived and executed as part of a development project or program. ADB and executing agencies or project sponsors, during project preparation, assess opportunities for affected people to share project benefits. The affected people need to be provided with sufficient resources and opportunities to reestablish their livelihoods and homes as soon as possible, with time-bound action in coordination with the civil works. (v) The affected people are to be fully informed and closely consulted. Affected people are to be consulted on compensation and/or resettlement options, including relocation sites, and socioeconomic restoration. Pertinent resettlement information is to be disclosed to the affected people at key points, and specific opportunities provided for them to participate in choosing, planning, and implementation options. Grievance redress mechanisms for affected people are to be established. Where adversely affected people are particularly vulnerable groups, resettlement planning decisions will be preceded by a social preparation phase to enhance their participation in negotiation, planning, and implementation. (vi) Social and cultural institutions. Institutions of the affected people, and, where relevant, of their hosts, are to be protected and supported. Affected people are to be assisted to integrate economically and socially into host communities so that adverse impacts on the host communities are minimized and social harmony is promoted. (vii) No formal title. Indigenous groups, ethnic minorities, pastoralists, people who claim for such land without formal legal rights, and others, who may have usufruct or customary rights to affected land or other resources, often have no formal legal title to their lands. The absence of a formal legal title to land is not a bar to ADB policy entitlements. (viii) Identification. Affected people are to be identified and recorded as early as possible in order to establish their eligibility through a population record or census that serves as an eligibility cutoff date, preferably at the project identification stage, to prevent a subsequent influx of encroachers or others who wish to take advantage of such benefits. (ix) The Poorest. Particular attention must be paid to the needs of the poorest affected people, and vulnerable groups that may be at high risk of impoverishment. This may include those without legal title to land or other assets, households headed by females, the elderly or disabled and other vulnerable groups, particularly indigenous peoples. Appropriate assistance must be provided to help them improve their socio-economic status. (x) The full resettlement costs are to be included in the presentation of project costs and benefits. This includes costs of compensation, relocation and restoration, social preparation and livelihood programs as well as the incremental benefits over the without-project situation (which are included in the presentation of project costs and benefits). The budget also includes costs for planning, management, supervision, 46

59 monitoring and evaluation, land taxes, land fees, and physical and price contingencies. Where loans include subprojects, components or investments prepared only after project approval and loans through financial intermediaries that are likely to cause involuntary resettlement, sufficient contingency allowance must be allocated for resettlement prior to approval of the loan. Similarly, resettlement plans should also reflect the timeframe for resettlement planning and implementation. (xi) Eligible costs of compensation. Relocation and restoration may be considered for inclusion in ADB loan financing for the project, if requested, to assure timely availability of the required resources and to ensure compliance with involuntary resettlement procedures during implementation. 4.3 Laws, regulations and policies of the PRC For the Project, the Land Administration Law of the People s Republic of China is the major legal basis. Ministry of Land and Resources and Anhui Province have also promulgated some related regulations and policies. The relevant items on resettlement are shown in Table 4-1. The Decision of the State Council on Deepening Reform and Strengthening Land Administration (Ref. GF [2004]28) was issued in Oct and sets out (i) the principles of land acquisition compensation and resettlement compensation, (ii) the compensation standards, (iii) land acquisition procedures, and (iv) monitoring system. Correspondingly, Ministry of Land and Resources issued Guidelines for Strengthening Land Acquisition Compensation and Relocation System (Ref. No. [2004] 238). These documents are as shown in Table 4-2. These documents are the key PRC laws and regulations for this Project. 47

60 Table 4-1 Abstract of Land Management Law and Relevant Policies Item Key points Index Land The People's Republic of China resorts to a socialist public ownership i.e. an ownership by the whole people and ownerships by collectives, of land. ownership The State introduces the system of compensated use of land owned by the State except the land has been allocated for use by the State according to law. Application for land used for construction Land acquisition authority Land acquisition declaration system Any unit or individual that need land for construction purposes should apply for the use of land owned by the State according to law; Whereas occupation of land for construction purposes involves the conversion of agricultural land into land for construction purposes, the examination and approval procedures in this regard shall be required People's governments at all levels shall strengthen the administration of plans for land use and exercise control of the aggregate land for construction purposes. If no planning quota for use of farmland for other purposes is available or such quota is exceeded, no additional land for construction shall be approved. Saved planning quotas for use of farmland for other purposes may be carried over to the next year after approval. The acquisition of basic farmland land exceeding 35 hectares outside the basic farmland, and other land exceeding 70 hectares shall be approved by the State Council. Acquisition of land other than prescribed in the preceding paragraph shall be approved by the people's governments of provinces, autonomous regions and municipalities and submitted to the State Council for the record. The land administrative authorities of a municipal or county people s government shall draft a plan for use of farmland for other purposes, a farmland replenishment plan, a land acquisition plan and a land supply plan to the municipal or county people s government for approval, and escalate them to people s governments with approval authority for approval. In case of acquisition of woodland, the consent of the woodland administrative authorities shall be obtained in advance. For the acquisition of land by the State the local people's governments at and above the county level shall make an announcement and organize the implementation after the approval according to the legal procedures. After the plan for land compensation and resettlement fees is finalized, related local people's governments shall make an announcement and hear the opinions of the rural collective economic organizations and peasants whose land has been acquired. Rural collective economic organizations shall make public to its members the receipts and expenditures of the land compensation fees for land acquired and accept their supervision. Land Management Law, Article 2 Land Management Law, Articles 43 and 44 Procedures of Anhui Province on the Implementation of the Land Management Law of the People s Republic of China (June 26, 2004), Article 13 Land Management Law, Article 45 Procedures of Anhui Province on the Implementation of the Land Management Law of the People s Republic of China (June 26, 2004), Article 33 Land Management Law, Articles 46, 48 and 49 48

61 Compensation standards for land acquisition Temporary land use In acquiring land, compensation should be made according to the original purposes of the land acquired. Compensation fees for land acquired include land compensation fees, resettlement fees and compensation for attachments to or green crops on the land. The land compensation fees shall be 6-10 times the average output value of the three years preceding the acquisition of the cultivated land. The resettlement fee shall be calculated according to the number of agricultural population to be resettled. The number of agricultural population to be resettled shall be calculated by dividing the amount of cultivated land acquired by the per capital land occupied of the unit whose land is acquired. The resettlement fees for each agricultural person to be resettled shall be 4-6 times the average annual output value of the three years preceding the acquisition of the cultivated land. However, the maximum resettlement fee per hectare of land acquired shall not exceed 15 times of the average annual output value of the three years prior to the acquisition. The land compensation fee for acquisiiton of arable land shall be 6-10 times the average output value of the preceding 3 years of the acquired arable land The resettlement fee for acquisiiton of arable land shall be 4-6 times the average output value of the preceding 3 years of the acquired arable land If the farmers to be resettled are unable to maintain their former standard of living, with the approval of the provincial people s government, the resettlement subsidy may be increased. However, the sum of the land compensation and the resettlement subsidy shall not exceed the following limit: (1) In case of acquisition of arable land, 30 times the average output value of the preceding 3 years of the acquired arable land; Young crops on the acquired arable land shall be compensated for at the output value of crops of that season; for perennial crops shall be compensated for at their annual output value; no compensation shall be granted if there is no young crop. Users who use the land temporarily should use the land according to the purposes agreed upon in the contract for the temporary use of land and should not build permanent structures. The term for the temporary use of land shall not usually exceed two years. If state land or land collectively owned by farmers is to be used temporarily for project construction or geologic examination, such use shall be approved by the land administrative authorities of the local municipal or county people s government; temporary land use within the urban planning area shall be approved by the urban planning administrative authorities before submission for approval. Land Management Law, Article 47 Procedures of Anhui Province on the Implementation of the Land Management Law of the People s Republic of China (June 26, 2004), Articles 36 and 37 Land Management Law, Article 57 Procedures of Anhui Province on the Implementation of the Land Management Law of the People s Republic of China (June 26, 2004), Article 45 Table 4-2 Main Provisions of Guo Fa [2004] No.28 and MLR Fa [2004] No.238 and Application 49

62 Guo Fa [2004] No.28 Improvement of compensation and resettlement systems for land acquisition Article 12 Improvement of measures for compensation for land acquisition County-level and above local people s governments shall take practical measures so that the standard of living of farmers affected by land acquisition is not reduced by land acquisition. Land compensation, resettlement subsidy and compensation for ground annexes and crops shall be paid in full and timely pursuant to law. If the land compensation and resettlement subsidy pursuant to the prevailing laws and regulations are insufficient to maintain the former standard of living of the farmers affected by land acquisition or to pay the social security expenses of farmers who lose all land due to land acquisition, people s governments of provinces, autonomous regions and municipalities directly under the Central Government shall approve an increased resettlement subsidy. If the sum of the land compensation and the resettlement subsidy attains the statutory upper limit and is still insufficient to maintain the former standard of living of the farmers affected by land acquisition, local people s governments may pay a subsidy from the income from compensated use of state land. people s governments of provinces, autonomous regions and municipalities directly under the Central Government shall fix and publish the uniform annual output value standards or integrated land prices for land acquisition of all cities and counties, so that the same price applies to the same kind of land. For key construction projects of the state, land acquisition expenses must be listed in the budgetary estimate in full. MLR Fa Su Zheng Fa [2002] [2004] No.238 No.23 Uniform compensation standards shall apply to Fixation of both rural and urban land uniform annual acquired for construction output value of transit highways. The standards compensation shall cover all expenses related to land. Different compensation standards shall apply to rural and urban houses demolished for construction of transit Determination highways in Suzhou City; of uniform uniform compensation annual output standards shall apply to value multiples both rural and urban land and house annexes within the range of house Fixation of integrated land prices for land acquisition areas Distribution of demolition for construction of transit highways in Suzhou City. Compensation for house demolition: based on actual demolition area, and house type Policy for the subproject The resettlement plan shall conform strictly to the applicable policies of the state, Anhui Province and Suzhou Municipality. The annual output value of acquired land shall conform to the applicable provisions of Anhui Province. The minimum compensation for acquisition of arable land is 16 times annual output value (including land compensation and resettlement subsidy) All resettlement expenses shall be 50

63 Guo Fa [2004] No.28 Improvement of compensation and resettlement systems for land acquisition Article 13 Proper resettlement of farmers affected by land acquisition Article 14 Improvement of land acquisition procedures County-level and above local people s governments shall take specific measures to guarantee long-term livelihoods of farmers affected by land acquisition. MLR Fa [2004] No.238 land compensation Resettlement for agricultural production For projects with a stable income, farmers may become a Resettlement shareholder using the right to use of land used for construction by approved pursuant to law. reemployment Within the urban planning area, local people s governments shall bring farmers who lose all land due to land acquisition into the urban employment system, and establish a social security system; out of the urban planning area, in acquiring land collectively owned by farmers, local people s governments shall reserve necessary arable land or arrange appropriate jobs for farmers affected by land acquisition within the same administrative area; farmers without land who do not have the basic living and production conditions shall be subject to non-local resettlement. Resettlement by dividend distribution The labor and social security authorities shall propose guidelines Non-local for the employment training and social security systems for resettlement farmers affected by land acquisition as soon as possible. During land acquisition, the ownership of collective land of farmers and the right to contracted management of farmers land shall be maintained. Disclosure of information on land acquisition Before land acquisition is submitted for approval pursuant to law, Confirmation of the use, location, compensation standard and mode of land Su Zheng Fa [2002] No.23 Surplus labor after nearby resettlement and land acquisition Make declaration and approval as stipulated Policy for the subproject included in total project investment. Cash compensation shall be granted as displaced persons may wish. When unskilled workers are needed during project implementation, priority shall be given to the affected population. The displaced persons shall be provided with technical training. Carry out detailed social and economic survey, make field measurement, and have the displaced households confirm the results. Hold a public participation and policy 51

64 Guo Fa [2004] No.28 Improvement of compensation and resettlement systems for land acquisition Article 15 Strengthening Supervision over the implementation of land acquisition resettlement of the land to be acquired shall be notified to farmers affected by land acquisition; the survey results of the present situation of the land to be acquired shall be confirmed by rural collective economic organizations and farmers to be affected by land acquisition; if necessary, the land and resources authorities shall organize a hearing in accordance with the applicable provisions. The materials for notification to and confirmation by the farmers affected by land acquisition shall be taken as requisite materials for approval for land acquisition. Accelerate the establishment and improvement of the coordination and judgment mechanism for disputes over compensation and resettlement for land acquisition to protect the lawful rights and interests of farmers affected by land acquisition and land users. Approved matters of land acquisition shall be disclosed unless in special cases. If the compensation and resettlement for land acquisition has not been implemented, the acquired land shall not be used forcibly. People s governments of provinces, autonomous regions and municipalities directly under the Central Government shall formulate the procedures for the distribution of the land compensation within rural collective economic organizations on the principle that the land compensation is used for rural households affected by land acquisition mainly. Rural collective economic organizations affected by land acquisition shall disclose the receipt, disbursement and allocation of land compensation fees to their members and accept supervision. The agricultural and civil affairs authorities shall MLR Fa [2004] No.238 acquisition survey results Organization of land acquisition hearing Su Zheng Fa [2002] No.23 Policy for the subproject consulting meeting. Bulletin of land Distribute the acquisition and house resettlement plan or demolition information booklet. Disclosure of Conduct internal approval items monitoring and external of land monitoring and acquisition evaluation. Payment of Bulletin of land compensation acquisition and house and demolition The compensation fees shall be paid directly to resettlement the affected villager expenses for teams and villagers. land acquisition Post-approval supervision and inspection of land After land acquisition and house demolition, Yongqiao District shall hand over the legal documents, land usage The Suzhou PMO and the Land and Resources Bureau shall perform supervision inspection. and 52

65 Guo Fa [2004] No.28 Improvement of compensation and resettlement systems for land acquisition strengthen the supervision over the allocation and use of land compensation fees within rural collective economic organizations. MLR Fa Su Zheng Fa [2002] [2004] No.238 No.23 acquisition permit, etc. on land acquisition and house demolition to the construction agency for reference. Policy for the subproject The auditing bureaus of Suzhou Municipality and the affected districts and counties shall audit the compensation fees for land acquisition. 53

66 4.4 Main differences between ADB policies and laws of the PRC Compensation for houses Difference: ADB policies require compensation standards for replacement costs. Laws of the PRC think depreciation is reasonable, and the compensation standard for an old house should be lower than that for a new house of the same structure. Solution: Compensation standards are based on replacement costs in all ADB financed products. Compensation for land Difference: ADB policies require that compensation should be sufficient to offset any income loss, and restore long-term income-generating potential. Chinese standards are based on average annual output value, but may be unrelated to the cost of income restoration. Solution: The early-stage solution is to provide replacement land, which is hardly possible. Cash compensation is the preferred choice of most people, though they cannot guarantee the reasonable use of these compensation fees. Therefore, ADB needs to further technical support to monitor the income of seriously affected households, especially those of vulnerable groups and assistance should be provided by local governments to assist those who need support. Compensation for resettlement of vulnerable groups Difference: ADB policies require that special compensation is granted to all vulnerable groups, especially seriously affected households faced with pauperization. Chinese provisions do not require social analysis, and compensation is based only on the quantity of loss. Solution: Special funds are available to assist the vulnerable groups, who will be identified during the detailed survey. All measures have been specified in the Resettlement Plan. Consultation and publication Difference: ADB policies require the affected people are aware of all relevant information, and consulted with as soon as possible. Chinese provisions have improved the transparency of disclosure and compensation. However, the affected people do not play a strong role in project decision-making, and the disclosure period is usually too short. Solution: Consultation has begun at the early stage (before and during technical assistance). APCD agrees to disclose the Resettlement Plan to the affected people as required by ADB. Lack of legal title Difference: ADB policies require all demolished houses, whether lawful or unlawful, shall be compensated for at the same standards. According to Chinese laws, people without local registered residence may not be entitled to the same compensation as local people. In addition, the prevailing Chinese laws stipulate that no compensation shall be provided for the acquisition of land and houses of unlawful owners. Solution: For ADB financed project, all affected people, whether lawful or unlawful, whether having ownership or right to use, will be protected. The same compensation standards will apply as required by ADB. Resettlement monitoring, evaluation and reporting Difference: ADB requires internal and external resettlement monitoring. 54

67 However, there is no such requirement in Chinese laws, expect for reservoir projects. Solution: Internal and external resettlement monitoring systems have been established for all ADB financed products, and have been included in the Resettlement Plan. The requirements for internal and external reporting are specified in the Resettlement Plan. 4.5 Principles for compensation of the subproject The principles for compensation and entitlement of the subproject have been formulated in accordance with the laws, regulations and policies of the Chinese government and ADB, with the aim of ensuring that displaced persons can obtain sufficient compensation and assistance measures so that their production and livelihoods are at least restored to pre-displacement levels. The principles for resettlement of the subproject are shown in Table 4-3. Table 4-3 Principles for Resettlement of the Subproject Principles 1 Involuntary resettlement should be avoided where feasible. The affected people are granted compensation and rights that can at least 2 maintain or even improve their livelihoods in the absence of the project. The affected people are given compensation and assistance in resettlement 3 whether legal title is available or not. If the land available to everyone is insufficient to maintain his/her livelihood, 4 replacement in cash or in kind and other income-generating activities are provided for the lost land. The affected people fully understand their entitlements, the method and standard 5 of compensation, the livelihood and income restoration plan, and the project schedule, and participate in the implementation of the Resettlement Plan. No land should be acquired before the affected people are satisfied with the 6 compensation and resettlement (plan). People should not be displaced until the allocation of a housing plot has been agreed upon. The executing agency and an independent agency / third party should monitor 7 the compensation, relocation and resettlement operations. The vulnerable groups (including women) are provided special assistance or 8 treatment so that they lead a better life, and all affected people should have an opportunity to benefit from the project. The Resettlement Plan must be consistent with the master plans of the affected 9 counties and towns. 10 The resettlement expenses are sufficient to cover all affected aspects. 4.6 Cut-off date of compensation The cut off date for eligible compensation will be determined according to the actual project progress in affected areas. Newly reclaimed arable land, newly built houses or settlement in the affected areas of the affected people will not be included in the scope of compensation or subsidy after the cut-off date. Any house built or tree planted for extra compensation only will not be included. 55

68 4.7 Determination of compensation standards for resettlement impacts of the subproject Acquisition of collective land According to the Land Management Law of the People s Republic of China, the Guidelines on Improving Compensation and Resettlement Systems for Land Acquisition, the policies and regulations of Anhui Province on the implementation of the Land Management Law of the People s Republic of China, the Notice of the Anhui Provincial Government on the Promulgation of the Compensation Standard for Land Acquisition,the compensation fees for the acquisition of arable land include land compensation, resettlement subsidy and crop compensation. For this subproject, land acquisition will be compensated based on the compensation rates specified in the Notice of the Anhui Provincial Government on the Promulgation of the Compensation Standard for Land Acquisition of Anhui Province. The compensation standards for the acquisition of rural collective land of the districts and counties are shown in Table 4-4. Distr ict /cou nty Sixi an Ling bi Yon gqia o Table 4-4 Compensation Multiples and Standards for Acquisition of Collective Land of the Cities (Counties) Town Dazhuang, Liuwei, Huangwei, Shantou, Wafang Fengmiao, Yugou Annual output value Farmland Land compe nsatio n Resettle ment subsidy Crop compens ation Compensa tion standard Construction and unused land Land compensat ion Resettlem ent subsidy Compensa tion standard Youji Langan, Zhihe Jiejie, Caocun Compensation for temporary land occupation Land temporarily occupied for borrow pits will be compensated for at a time, while other temporarily occupied land will be compensated for at the annual output value of the land for the period of impact. Compensation fees for temporary land occupation include compensation for young crops/ground attachments, and land reclamation compensation. To reduce the impact of land acquisition on young crops, the subproject will be constructed after harvest or before seeding as the case may be. According to the construction design, the period of temporary land occupation is 2 years. The compensation standards for temporary land occupation are shown in Table 4-5. Table 4-5 Compensation Standards for Temporary Land Occupation Type Unit Land type Sixian Lingbi Yongqiao Remarks Land occupied temporarily for Dry land 12,000 12,000 12,000 yuan/mu borrow pits Ordinary land yuan/mu year 4, ,000 Based on 2 years occupied 56

69 Type Unit Land type Sixian Lingbi Yongqiao Remarks temporarily Land reclamation fee yuan/mu Dry land 4,000 4,000 4, Compensation standards for rural house demolition The compensation standards for houses of different types shall be determined according to the pertinent provisions by reference to the actual prices of the main types of the affected houses and the compensation standards for similar past projects, as shown in Table 4-6. Meanwhile, the housing plot will be provided and allocated prior to house demolition. The location of new residential plots will be decided by villages and APs. Table 4-6 Compensation Standards for Rural Residential Houses and Annexes Category Structural type Unit Sixian Lingbi Yongqiao rate (yuan/ unit) Remarks Masonry m 2 concrete (I) Masonry m 2 concrete (II) Masonry m 2 concrete (III) Masonry House m 2 timber (I) compensation Masonry m 2 timber (II) Masonry timber m 2 (III) Others (lower than Masonry m 2 timber (III)) Moving subsidy yuan /m Other Living compensation allowance for yuan/ m2 month Based on transition period months Compensation for annexes and infrastructure The compensation standards for annexes and infrastructure affected by the subproject shall be determined on the replacement cost principle, as shown in Table 4-7. Table 4-7 Compensation Standards for Annexes and Infrastructure Item Unit Sixian Lingbi Yongqiao Compensation standard Public toilets yuan/piece KV telegraph poles yuan/piece V telegraph poles yuan/piece V wooden telegraph yuan/piece poles Transformers yuan/piece Canals yuan/m Highways yuan/m

70 Item Unit Sixian Lingbi Yongqiao Compensation standard Tractor plowing roads yuan/m Tombs yuan/piece Communication cables yuan/m Power cables yuan/m Pumped wells, large yuan/piece opening wells Big trees (non fruit) yuan/piece Small trees (non fruit) yuan/piece Scattered fruit trees yuan/piece Standards for other costs The standards for other costs are shown in Table 4-8. Table 4-8 Tax Standards for Resettlement of the Subproject Charging standard No. Item Unit Sixian Lingbi Yongqiao Farmland occupation tax yuan /m Farmland reclamation fee 7 yuan /m2 6 6 Land acquisition 4% of total land acquisition expenses management fee Surveying, design and research 3% of total land acquisition expenses expenses Administrative 5% of total land acquisition expenses expenses Technical training 3% of total land acquisition expenses expenses External monitoring and evaluation 2% of total land acquisition expenses expenses Contingency expenses 10% of the total amount of land acquisition expenses, design fees, implementation management fees, training and monitoring expenses 2 Basis/remarks Wan Nongcun[2008] No.367 8` Wan Cai Zong [2001] No Vulnerable groups In addition to the above compensation policy for land acquisition, the vulnerable groups affected by the subproject are also entitled to some other preferential policies: (1) Vocational training will be given to the labor force in the households of vulnerable groups, and employment information and guidance will also be provided to increase their job opportunities; (2) During the construction of the subproject, the labor force in the households of 7 70% of this money will be used to upgrade or reclaim marginal farmland in rural areas of Anhui, which will benefit poor people; this is the government s uniform plan. 58

71 vulnerable groups will be given priority to in the recruitment for unskilled jobs; (3) A special supporting fund will be set up in cooperation with the labor and social security bureau of each county (district) to provide assistance at 1% of the resettlement expenses of the subproject. (4) Small and simple houses are to be replaced using a minimum house standard for exchange house, or minimum compensation, or free labor supports. (5) When possible, replacement land should be arranged for vulnerable groups in the priority, if that is the desire of the AP. The detailed entitlements are shown in Table Special measures for women In addition to the standard compensation policy for land acquisition, the women are also entitled the following special measures: 1) Opportunities for employment are available, so a target has been for 30% of the unskilled job opportunities created by the Project will be provided to women. 2) The priority in receiving free technical training is available. 8,000 persons will be trained, with not less than 4,000 famales (50%). 3) The affected people women will be provided relevant information during resettlement, and will be encouraged to participate in consultation and resettlement activities. During the resettlement implementation, focus group discussions with affected women will be managed by the AHAB and local government officials to explain the regulations and improve women s awareness. 4) Compensation agreement must be signed by both spouses. See details in Appendix 2-Part B Gender analysis of women during resettlement. 4.8 Entitlement matrix 59

72 Table 4-9 Entitlement matrix Type of Degree of impact impact Owner Compensation and resettlement policy Implementation issues Permanent land acquisition Temporary land occupation mu of collective land 330 mu of temporarily occupied land 33 villages of 12 Xiangs/towns; 1813 people out of 1091 affected households 1921 people out of 542 affected households 1) Land compensation, resettlement subsidy and compensation for collective properties will be paid directly to the village collective economic organization or village committee 2) Resettlement subsidy will be paid. 3) Ground annexes and crop compensation will belong to their respective owners. Village meetings to be responsible for deciding on the allocation of funds, the redistribution of land and investment in income generating activities such as improved cultivation techniques/ irrigation/ small business development/ training. Higher level authorities to approve and monitor village level proposals and, if required to facilitate training programs 1) Based on the period of occupation and the amount of loss, including crop compensation and reclamation fee, with a Notified in advance and paid maximum occupation period of 2 years. accordingly. Restoration of land will be monitored by the farmers and 2) After the end of land occupation, the land will be restored local land bureaus. to the original condition, and appropriate economic compensation will be granted. Demolition of residential houses 1) House compensation: calculated at replacement costs of different structural types and quality standards m 2 2) The affected people will receive a moving subsidy and a of rural 1921 people out of 542 Village and APs to decide on transition fee. houses will be demolished households location of new residential plots.. 3) A housing plot will be provided and allocated prior to house demolition 4) House registration fees are waived Women / 1897 women in affected households 1) Opportunities of prior employment are available, and 30% Women's federation will arrange of unskilled job opportunities created by the Project will be awareness education 60

73 Type impact of Degree of impact Owner Compensation and resettlement policy Implementation issues 1) Disabled, Wubao and Widows 71 people out of 17 households provided to women. 2) The priority in receiving free technical training is available. 8,000 persons will be trained, with not less than 4,000 females (50%). 3) The affected people can have access to relevant information during resettlement, and participate in consultation and resettlement. 4)Compensation agreement must be signed by spouses. 1) Collective retains land compensation and resettlement subsidy and provides monthly allowances and medical expenses are free to Wubao 2) Special allowances provided to the Disable 3) Priority of training and employment to labor force in these households Vulnerable groups 2) low-income or poor 37 people out of 9 households (under the households national poverty line) 3) seriously affected households 445 people out of 99 households losing above 10% land and 85 households 1) Skill training will be provided to 2 family members, at least one by female. And Priority employment (such as outside jobs or work for the Project construction) will also be provided. 2) provided pension by local government 1) Skill training will be provided to 2 family members, at least one by female. And Priority employment (such as outside jobs or work for the Project construction) will also be provided. 2) When possible, replacement land should be arranged as priority if desired by the affected household. 3)Replacement of small and simple house will not be less than the minimum housing standards, or minimum compensation or assistance of providing free labor. 1% of total basic resettlement cost has been budgeted for these special measures, and this amount could be increased using contingencies. 61

74 Type impact of Degree of impact Owner Compensation and resettlement policy Implementation issues Special facilities 14 types, such as Property owner and ground telegraph poles and trees annexes Complaints and appeals / All affected people 1) The affected special facilities will be compensated for by the implementing agencies to property owners, and then restored by property owners, or restored by the implementing agencies according to the former standard and size.( See Table 4-7) 2) The compensation for ground annexes shall be calculated in accordance with the pertinent provisions. Free of charge. All costs reasonably incurred will be disbursed from the contingency expenses of the subproject. 62

75 5 Resettlement and Income Restoration 5.1 Purpose of Resettlement The purpose of resettlement of the subproject is to design a resettlement and restoration action plan for the people affected by the subproject, so that they benefit from the subproject, and their standard of living is improved or at least restored after the completion of the subproject. 5.2 Resettlement and restoration plans for affected villages Introduction of resettlement and restoration plans for affected villages The main impact of the subproject is permanent land occupation mainly. Permanent acquisition of collective land involves 11 villages of 5 Xiangs/towns in Sixian County, 12 villages of 4 Xiangs/towns in Yongqiao District and 10 villages of 3 Xiangs/towns in Lingbi County; mu of arable land of 33 villages in 12 Xiangs/towns in total, including 97.4 mu of paddy field and mu of dry land. permanent land acquisition is caused by highway construction mainly, the impacts of the subproject are in a linear form. Most of the people affected by land acquisition will lose part of their land only, with a proportion of impact of less than 3%. Therefore, land acquisition has little impact on the agricultural production and income of the rural households (see Section for the impact analysis of land acquisition). According to the sampling survey of the willingness for resettlement of 260 households, all affected households require cash compensation, and will use the compensation fees for business, crop cultivation, stockbreeding and skills learning mainly. In our field survey, almost all affected rural households welcome the subproject; the affected households think the subproject can improve the traffic conditions and make their production and life more convenient. All affected households require cash compensation for land acquisition, because this method is simple to operate. The affected rural households can use the compensation fees for production and livelihood restoration freely. The construction and land acquisition of the subproject will affect the villages to varying degrees. Therefore, the restoration plan is based on the degree of impact, the availability of the remaining land resources and the willingness of the affected people. Through adequate consultation with the village committee and the affected households during the social and economic survey, different economic restoration options have been defined. As discussed above, for most villagers, the impact of land acquisition is relatively low,, and the degree of impact is even. After the land is acquired, the affected people still have a certain amount of land, so most of them prefer cash compensation. For the affected people, this method will ensure that all compensation and rights get to their hands fully and timely General strategy of restoration measures for permanent land acquisition The subproject involves permanent land occupation of 33 villages. The livelihood restoration measures for the displaced persons mainly include: a) Direct cash compensation: Determine the compensation standards for land acquisition and the amount of arable land lost in strict accordance with the applicable state and local policies, and pay compensation fees timely to the affected households directly. The compensation fees received by the affected households can be used to grow cash crops, develop household stockbreeding and to deal with nonagricultural 63

76 production activities. b) Improvement of agricultural production conditions: The village collectives will raise funds and use some of the compensation fees for the acquisition of the collective land for infrastructure construction in order to improve agricultural production conditions, increase the output of crops, increase farmers income indirectly and improve their standard of living, such as improvement of pumped wells, pump stations, pipelines and other irrigation facilities for farmland, improvement of drinking water facilities for villagers to solve their difficulty in domestic water supply, building village roads, and subsidizing widows. c) Agricultural restructuring: The villages will adjust their crop cultivation and stockbreeding structure using their geographic location and market conditions to increase agricultural income. For example, Jieji Town can expand the cultivation of seedless watermelon and greenhouse vegetables; Caocun Town can increase the planting area of greenhouse vegetables, Dazhuang Town can increase the production scale of green shell eggs. d) Labor transfer: The government may take some relevant measures to support the development of some individual enterprises, such as toy, apparel, machining and other labor-intensive enterprises, and create more job opportunities. e) Endowment insurance of farmers affected by land acquisition: Eligible farmers affected by land acquisition 8 may effect the endowment insurance of farmers affected by land acquisition voluntarily, as shown in Appendix 3. In the meantime, during the construction of the subproject, the implementing agencies will take some assistance and supporting measures, including: a) During construction, the affected people will be arranged for labor service with priority, which will bring cash income to the affected people. b) The affected county will give priority to the affected people for jobs in local industry or labor export (at-home work for industry). c) During the whole production restoration process, technical training can be organized for the affected people, such as training on the cultivation of cash crops and stockbreeding. Technicians from the agricultural and labor and social security authorities will be invited to give training on agriculture and cultivation in the affected areas, so that every affected rural household can receive at least one session of agricultural or nonagricultural technical training. These measures will serve to improve the quality and output of crops, increase the economic income of the affected people, and restore their livelihoods General strategy and measures for demolition of residential houses The subproject involves house demolition of 22 villages. Through preliminary survey and consultation, the displaced households will be resettled in the following ways: a) After cash compensation, the affected households will select a suitable housing site for self-demolition and self-building as they wish, accounting for 76.12%; b) By signing the agreement, the collectives will plan housing sites for self-demolition and self-building in a unified manner, accounting for 23.88%. 8 Generally, this means affected agricultural population not having the basic living and production conditions or with a per capita arable area of less than 0.3 mu after land acquisition. For farmers affected by land acquisition aged 60 or more for men or 55 or more for women, the pension received by everyone per month shall not be less than 80 yuan in principle paid by government, APs may contribute more voluntarily to increase their pension payments.. 64

77 The willingness for demolition of residential houses and resettlement of rural residents is shown in. Table 5-1. Table 5-1 Willingness for Demolition of Residential Houses and Resettlement of Rural Residents Number of households County/ district Sixian Lingbi Yongqiao Pile No. K0+000 ~ K0+510 K4+920 ~ K7+060 K8+020 ~ K K0+510 ~ K4+920 K7+060 ~ K8+020 K ~ K K ~ K K ~ K K ~ K K ~ K K ~ K K ~ K K ~ K Town/ Xiang Shantou b) Unified a) Selection of planning of a housing site housing sites for for Village self-demolition self-demolition Subtotal and and self-building self-building after cash after cash compensation compensation Shantou Luochang Liuwei Gaodu Wafang Dazhuang Huangwei Fengmiao Zhanglou Changwei Guoji Dongfeng Jiebei Hexie Gonggou Huaxin Hongxing Fengmiao neighborhood committee Yugou Zhenglou Youji Youwei Lilou Zhangdonghu Jiejie Zhangshan Langan Landing Lanxi Hancun K ~ K Caocun Zhangzhuang Heji Total 76.12% 23.88% % Resettlement and restoration plans for key villages In order to further make clear the impacts of the subproject and improve the effectiveness of resettlement, the relevant traffic authorities, town governments, administrative villages and villagers have been gathered to hold discussions based on the information provided by the feasibility study report. The impacts of the subproject, 65

78 land acquisition and house demolition, and the next-step measures for economic restoration were discussed. Based on the above impact analysis of land acquisition, 39 villages are affected by land acquisition or house demolition, in which 16 villages (Shantou, Zhanglou, Changwei, Dongfeng, Jiebei, Fengmiao Neighborhood Committee, etc.) are affected by both land acquisition and house demolition, so pertinent resettlement and restoration programs have been developed for the 6 relatively seriously affected villages of Fengmiao, Hexie, Matai, Youwei, Lanxi and Wangcun. Lingbi County A. Fengmiao Neighborhood Committee, Fengmiao Town Fengmiao Neighborhood Committee has 6,488 people out of 1,191 households, including 3,374 men and 3,893 laborers, an arable area of 2,577 mu and a per capita arable area of 0.40 mu. The main crops are wheat and corn. Since the agricultural population of Fengmiao Neighborhood Committee is very small. The villagers income comes mostly from industry or tertiary industries, with a per capita net income of 3310 yuan. The subproject will acquire 1.94 mu of arable land of Fengmiao Neighborhood Committee Village permanently, accounting for 0.34% of total arable area, affecting15 people out of 4 households, accounting for 0.34% of the total number of households and 0.23% of the total population of the village respectively. Based on estimates, the annual average income loss resulting from land acquisition is yuan, yuan per household and yuan per capita. There is little impact of land acquisition. After land acquisition, per capita arable area will be m 2 of residential houses will be demolished, affecting 40 people out of 11 households. Measures for restoration of production income: Since Fengmiao Neighborhood Committee has over 20 enterprises and is close to towns, the villagers income comes mainly from employment and business operation. In addition, the subproject will acquire 1.94 mu of arable land only, so the impact of land acquisition is limited. Based on the survey, the local villagers have two opinions about the compensation for land acquisition: a) They prefer direct cash compensation to the affected households. b) They expect the compensation fees to be distributed evenly in each team, and then the land be reallocated. Which option will be implemented will be determined at a village congress. Resettlement measures for house demolition: Based on the survey, as to the resettlement for house demolition, most of the villagers of Fengmiao Neighborhood Committee expect that the compensation fees for housing sites will be paid to the village, and then the village committee will adjust their housing sites, for which a house construction permit should have been obtained. Other Since the soil quality of Fengmiao Neighborhood Committee is suitable for water storage, and the volume of earthwork of a borrow pit is high, the villagers suggest that land with bad soil quality should be used for borrow pits, which will be converted into fishponds and used for aquaculture, usually 3-4 meters deep. B. Youwei Village, Youji Town Youwei Village is located in the northwest of Youji Town and governs 9 natural villages and 19 villager teams. The village has 761 households with 3,044 persons, including 1,583 male and 1,826 laborers; arable area is 3,235 mu, 1.06 mu per capita. The main crops are wheat and cotton. The village s per capita net income is 3305 yuan mu of arable land of the village will be acquired, accounting for 0.01% of the village s total arable land area, affecting 3 households with 10 persons, accounting for 66

79 0.39% of all households and 0.33% of all villagers of the village; the annual average loss of income arising from land acquisition is estimated to be yuan, yuan per household and yuan per capita. The village is affected by land acquisition to a very low extent. Houses of 1, m 2 have been demolished, affecting 22 households with 78 persons. Measures for restoration of production income: Since the subproject will acquire o.32 mu of arable land only, the impact of land acquisition is limited. The local villagers has little objection to the compensation for land acquisition. The measure to be taken is to the land compensation will be paid to the collective, the resettlement subsidy and the crop compensation will be paid directly to the affected households, and the village collective will allocate land. Resettlement measures for house demolition: Since Youwei Village has reserved land, additional housing sites can be allocated to the displaced households. An acceptable option of resettlement for house demolition is the villagers exchange housing sites privately or under the village committee s unified planning. Sixian A. Shantou Village, Shantou Town Shantou Village is the seat of the Shantou Town Government. The village has 893 households with 4,530 persons, including 2,350 men and 2,718 laborers; arable area is 2,718 mu, 1.07 mu per capita. The main crops are wheat, corn and soybean. Since the village is the seat of the town government, many villagers deal with small commodity marketing mu of arable land of the village will be acquired, accounting for 0.33% of the village s total arable land area, affecting 33 households with 112 persons, accounting for 3.70% of all households and 2.47% of all villagers of the village; the annual average loss of income arising from land acquisition is estimated to be 23, yuan, yuan per household and yuan per capita. The village is affected by land acquisition to a very low extent. Houses of m 2 have been demolished, affecting 5 households with 19 persons. Restoration measures for production income: Since only mu of the village is acquired, the impact of land acquisition is minor. The villagers prefer direct cash compensation. Resettlement measures for house demolition: According to the survey, the 5 households affected by house demolition in Shantou Village have two houses, and the demolished houses are their roadside auxiliary houses (unoccupied) only, so they are affected to a minor extent. Figure 5-1 Houses under Unified Planning and Houses Potentially Demolished of Shantou Village B. Hexie Village, Dazhuang Xiang 67

80 The village has 1,232 households with 4,955 persons, including 2,498 men and 2,973 laborers; arable area is 6,434 mu, 1.3 mu per capita. The main crops are wheat, corn and soybean. The villagers main sources of income are crop cultivation and employment, and per capita net income is 2,946 yuan mu of arable land of the village will be acquired, accounting for 0.42% of the village s total arable land area, affecting 53 households with 189 persons, accounting for 4.30% of all households and 3.81% of all villagers of the village; the annual average loss of income arising from land acquisition is estimated to be 39,604.8 yuan, yuan per household and yuan per capita. The village is affected by land acquisition to a very low extent. Houses of m 2 have been demolished, affecting 10 households with 42 persons. Restoration measures for production income: The village abounds with arable land resources. Only mu of arable land has been acquired, 0.14 mu per capita, so the impact of land acquisition is minor. The villagers prefer direct cash compensation. Resettlement measures for house demolition: According to the survey, the demolished houses of the 10 households affected by house demolition in Hexie Village are their roadside auxiliary houses (unoccupied) only, so they are affected to a minor extent. Yongqiao District A. Matai Village, Xieji Town Matai Village has 857 households with 3,392 persons, including 1,843 men and 2,035 laborers; arable area is 4,049 mu, 1.19 mu per capita. The main crops are wheat and corn. Many villagers also grow the cash crop seedless watermelon or raise sheep. The village s per capita net income is 3,328 yuan mu of arable land of the village will be acquired, accounting for 0.6% of the village s total arable land area, affecting 53 households with 211 persons, accounting for 6.18% of all households and 6.22% of all villagers of the village; the annual average loss of income arising from land acquisition is estimated to be 32,805 yuan, yuan per household and yuan per capita. The village is not affected by house demolition. Measures for restoration of production income: The subproject will acquire 24.3 mu of arable land of Lanxi Village permanently, 0.12 mu per capita, so the impact of land acquisition is limited. Based on the survey, the local villagers have two opinions about the compensation for land acquisition: a) They prefer direct cash compensation to the affected households.they can use the money on growing the seedless watermelon and raising sheep. b) They expect the compensation fees to be distributed evenly in each team, and then the land be reallocated. The above options to be implemented will be determined at a village congress during the resettlement implementation. B. Lanxi Village, Langan Town Lanxi Village has 1,084 households with 4,401 persons, including 2,239 men and 2,641 laborers; arable area is 6,641 mu, 1.51 mu per capita. The main crops are wheat and soybean. The villagers main sources of income are crop cultivation and employment, and per capita net income is 3,069 yuan. 4.5 mu of arable land of the village will be acquired, accounting for 0.07% of the village s total arable land area, affecting 59 households with 207 persons, accounting for 5.44% of all households and 4.7% of all villagers of the village; the annual average loss of income arising from land acquisition is estimated to be 6, yuan, yuan per household and yuan per capita. The village is affected by land acquisition to a very low extent. Houses of 1,205.9 m 2 have been demolihsed, 68

81 affecting 18 households with 83 persons. Restoration measures for production income: The village abounds with arable land resources. Only 4.5 mu of arable land has been acquired, so the impact of land acquisition is minor. However, since the villagers engage mainly in agriculture and attach great importance to land, they prefer land reallocation. Resettlement measures for house demolition: As to the resettlement for house demolition, most of the villagers of Wangzhuang Village expect direct compensation to the affected households, and expect that the government should assist them in adjusting housing sites and provide preferences in house construction permit and farmland use tax to the displaced households. 5.3 Resettlement training Training needs will be identified based on the preference of APs for livelihood income restoration options (see section 5.2.2). To ensure that the displaced persons alter the traditional concept of employment, build up correct professional awareness and master necessary labor skills, the implementing agencies will appropriate special funds for resettlement training. The PMO will provide resettlement training in conjunction with the affected labor and social security authorities, including agricultural technical training, pre-job training and vocational skills training. The agricultural technical training covers fruit tree cultivation and stockbreeding techniques. The pre-job training covers the employment situation, the national employment policies, the protection of labor rights and interests, and professional ethics; the vocational skills training will be held irregularly based on job needs, and include nonagricultural technical training mainly.. To improve training efficiency, the local labour bureaus will cover the APs training needs into their annual training plan during resettlement implementation. The general training program is shown in Table 5-2. Table 5-2 Technical Training Program for Displaced Persons No. Time Subjects Participants Scope of training Budget (10,000 yuan) Affected Agricultural technical 1 Dec ,500 5 households training Affected 2 Jun ,500 Pre-job training 5 households Affected Vocational skills training 3 Dec ,000 5 households (nonagricultural) 4 Other irregular technical training 16 A training plan will be formulated by each seriously affected village with guidance from county/township labor bureau/office and ACWF, and the training subsidies will come from the training budgets. 5.4 Protection of women s rights and interests At the preparation stage of the Resettlement Plan, the survey team organized women to participate in the impact survey of the subproject, and consulted them about their ideas for the income restoration plan. Women approve of the subproject and think the subproject is good to traffic improvement and land acquisition has little impact on their livelihoods. They expect cash compensation, employment in the subproject and training on crop and fruit tree cultivation, and stockbreeding techniques. Aiming at the willingness of women, 30% of women will get unskilled job 69

82 opportunities at the implementation stage. In addition, the principle of equal pay for equal work will apply to both men and women. However, use of child labor is prohibited. Part of the technical training should be designed to develop women s labor skills, such as breeding, sewing and weaving skills, in order to keep their income stable. 8,000 persons will receive resettlement training, with not less than 4,000 persons of female labor (50%). Meanwhile, they can have access to relevant information during resettlement, and participate in consultation and resettlement. The compensation agreement will be signed by both spouses. See details in Appendix 2-Part B Gender analysis of women during resettlement. 5.5 Assistance measures for vulnerable groups According to the survey, 78 people out of 20 households among the people affected by land acquisition fall into vulnerable groups. During the whole relocation process, the PMO, the implementing agencies and local governments will pay particular attention to the resettlement of the vulnerable groups. The Anhui PMO has set up a special fund to support the vulnerable groups at 1% of the basic resettlement expenses, namely 268,300 yuan. They will not only be resettled for livelihood and production according to the implementation plan of the subproject, but also be provided certain assistance to improve their living and production conditions. The key measures are as follows: Measures for Disabled, Wubao and Widows 1) Collective retains land compensation and resettlement subsidy and provides monthly allowances and medical expenses are free to Wubao 2) Special allowances will be provided to the Disabled 3) The training and employment as a priority to labor force in these households Measures for low-income or poor households 1) Skill training will be provided to 2 family members, at least one female. 2) Priority employment (such as outside jobs or work for the Project construction) will also be provided. 3) The pension will be provided by local government Measures for seriously affected households 1) Skill training will be provided to 2 family members, at least one female. 2) Priority employment (such as outside jobs or work for the Project construction) will also be provided. 3) When possible, replacement land should be arranged as a priority. 4) Small and simple houses are to be replaced using the minimum house standard for exchange house, or minimum compensation, or free labor supports. 5.6 Restoration plans for temporarily occupied land Restoration plan for land occupation for borrow pits It was found during the survey that the selected sites of borrow pits in different localities are different from those in the restoration plan for land occupation for borrow pits. For example, the villagers of Fengmiao Town expect to select borrow pits where soil quality is bad; since the local soil has a high water storage capacity, borrow pits can be used as fishponds in the future; since Dazhuang Town is affected seriously by floods, the villagers expect that select borrow pits be located in low-lying land with bad soil quality, and connected to the local canal system to minimize the impact on agricultural production and reduce inland inundation. The overall willingness for 70

83 borrow pits is that borrow pits should be concentrated and the impact on arable land should be minimized; if this is unavoidable, borrow pits should be selected in low-lying land with bad soil quality; the selected borrow pits should be used as part of the local canal system or fishponds in the future. Therefore, the construction agency is advised to consult with the local people more frequently. In addition, based on the survey, the villagers expect that after construction, the land occupied temporarily should be restored mainly by themselves with the funding of the implementing agencies Restoration plan for other temporarily occupied land During construction on temporarily occupied land, strict measures will be taken to protect surface soil and avoid any irrecoverable impact. During excavation, surface soil (recommended thickness 30-50cm) will be collected and piled up separately, and soil loss prevention measures will be taken. After construction, subsurface soil will be backfilled first, and then surface soil will cover the surface evenly, and the site will be leveled to alleviate the impact on the quality of arable land. Temporarily trampled land during construction will harden and should be plowed immediately after construction to restore its looseness. The field irrigation and drainage canals, facilities and plowing roads will also be restored to ensure the basic requirements for farmland irrigation can be met after reclamation. 5.7 Restoration plan for infrastructure The affected special facilities and ground annexes will be compensated for by the implementing agencies to property owners, and then restored by property owners. The restoration measures for demolished facilities must be planned in advance. In practice, these measures should be tailored to practical conditions, be safe, efficient, timely and accurate, and minimize adverse impacts on the nearby residents. For the affected municipal public facilities, the demolition agency should act on the construction drawings of the subproject, and minimize demolition without affecting construction. The demolition agency should rebuild (or relocate) the affected pipelines before demolition without affecting the regular lifestyle of the residents along the route (including those not to be relocated). In addition, for the production and living facilities (canals mainly) affected by the subproject, the design agency conducted an extensive survey of the subproject s possible impacts on the production and livelihoods of the local residents in the form of discussion and questionnaire survey at the survey and design stage to collect opinions from the local people s governments, competent authorities, social organizations and local residents. These opinions have been mostly embodied in the project design. Based on field exploration, the design agency took appropriate engineering measures for the affected production and living facilities at the design stage. For example, for canals disconnected due to highway occupation, culverts will be built in the roadbed or new exposed canals parallel to the highway built within the protected area of the roadbed; canals damaged by construction will be repaired after the completion of the subproject. Canals will be built by the construction team or by villagers in a compensated manner. All these costs have been included in the general budget of the subproject, and are no longer listed in the budgetary estimate in this report. 71

84 6 Resettlement Organization 6.1 Management agencies for resettlement implementation Organizational setup To ensure that resettlement is carried out successfully and the expected results are fulfilled, a top down organization must be set up at the implementation stage to plan, coordinate and monitor resettlement activities. Since resettlement is a very comprehensive task that necessitates the assistance and collaboration of multiple departments, the communications, land and resources, and finance authorities will participate and assist in the implementation of resettlement. Each of the affected towns and villages has 1-2 leaders responsible chiefly for the assistance in resettlement. The agencies responsible for land acquisition and house demolition in the subproject include: APCD Foreign-funded Project Management Office AHAB Municipal/county (including county-level municipal) highway administration bureaus (headquarters) 9 Town resettlement offices Village committees (neighborhood committees) Project design agency Independent monitoring and evaluation agency Other agency: Land Resource Bureau, House Demolition Office, Women s Federation Labor Bureau, etc Responsibilities of agencies APCD Foreign-funded Project Management Office (Anhui PMO Responsible mainly for organizing the resettlement of the subproject, formulating policies on resettlement activities of the subproject, coordinating relations among all levels of the resettlement organization, and serving as a bridge between ADB and the implementing agencies AHAB Responsible mainly for handling day-to-day affairs in resettlement planning and implementation, and exercising the management, planning, implementation, coordination, supervision and monitoring functions of resettlement as the project management agency: Formulating the land acquisition, house demolition and resettlement policies for the subproject; Entrusting the design agency to define the affected areas, measure the data on physical objects affected by land acquisition and house demolition, and save such data; Applying for the license for planning of land use and the license for land used for construction; Giving operational training to the key resettlement officials of the land acquisition, house demolition and resettlement office; 9 A construction headquarters will be set up for the subproject based on the highway administration bureau and in conjunction with the land and resources bureau, finance bureau, auditing bureau, demolition office, communications bureau and construction bureau to be responsible for resettlement. 72

85 Organizing and coordinating the preparation and implementation of the Resettlement Plan; Responsible for the management and disbursement of the resettlement funds, and supervising the use thereof; Directing, coordinating and supervising resettlement activities and their progress; Directing and assisting in the disposition of complaints; Taking charge of and inspecting internal monitoring, and preparing land acquisition, house demolition and resettlement progress reports; Selecting the external monitoring agency and assisting in external monitoring activities Municipal/county (including county-level municipal) highway administration bureaus (headquarters) Assisting the design agency in defining the affected areas, measuring the data on physical objects affected by land acquisition and house demolition, and saving such data; Assisting in preparing the Resettlement Plan and responsible for the implementation of resettlement; Selecting key resettlement officials for operational training; Organizing public consultation, and propagandizing the resettlement policies; Directing, coordinating and supervising resettlement activities of the agencies related to land acquisition, house demolition and resettlement and their progress; Responsible for resettlement, paying resettlement expenses pursuant to the agreement, and handling complaints from displaced persons; Implementing internal monitoring activities, preparing internal monitoring reports, and reporting to AHAB regularly; Assisting in external monitoring activities. Town resettlement offices The town resettlement organization is headed by the leader responsible of each town, and composed of key officials of the land and resources office, the police office, the civil affairs office and the villages. Its main responsibilities are: Participating in the survey of the subproject, and assisting in the preparation of the Resettlement Plan; Organizing public participation, and propagandizing the resettlement policies; Implementing, inspecting, monitoring and recording all resettlement activities within the town; Responsible for the disbursement and management of land compensation fees; Supervising the acquisition, occupation and restoration of land; Reporting land acquisition and resettlement information to the county highway administration bureau; Coordinating and handling conflicts and issues arising from its work. Village committees (neighborhood committees) The resettlement working team of a village committee is composed of its key officials. Its main responsibilities are: Participating in the social and economic survey and the impact survey of the subproject; Organizing public consultation, and propagandizing the policies on land acquisition and house demolition; 73

86 Organizing the implementation of resettlement activities for agricultural and nonagricultural production; Reporting the displaced persons opinions and suggestions to the competent authorities; Providing assistance to displaced households with difficulties. Project design agency At the planning and design stage, it will survey the physical indicators of land occupation and house demolition, the environmental capacity, the usable resources, etc. accurately, and assist the governments in the affected areas in formulating resettlement plans, preparing budgetary investment estimates for compensation for land occupation and house demolition, and drawing the relevant drawings. At the implementation stage, it will submit the design documents, technical specifications, drawings and notices to the employer timely, make design disclosure to the project management offices of all levels, assist in the implementation of the relocation and resettlement for production of the displaced persons, and improve the resettlement plans based on the practical situation. Independent monitoring and evaluation agency The employer will employ a qualified monitoring and evaluation agency as the external resettlement monitoring and evaluation agency. Its main responsibilities are: 1) Observing all aspects of resettlement planning and implementation as an independent monitoring and evaluation agency, monitor and evaluate the resettlement results and the social adaptability of the displaced persons, and submit resettlement monitoring and evaluation reports to ADB through the PMO; and 2) Providing technical advice to the PMO in data collection and processing. 6.2 Staffing and facilities Staffing For the successful implementation of resettlement, all levels of the resettlement organization of the subproject have been staffed with dedicated personnel, and a smooth information communication channel created. The staffing of all levels of the resettlement organization is shown in Table 6-1. Table 6-1 Staffing of Resettlement Agencies Agency Staff Composition APCD 4 Civil servants AHAB 2 Civil servants, technicians Municipal/county (including county-level municipal) highway administration bureaus (headquarters) Affected towns and villages Civil servants, technicians External monitoring agency 4 Resettlement experts Cadres and representatives of displaced persons Facilities All levels of the resettlement organization can make use of the existing resources. The basic office, traffic and communication equipment is already available, including office desks and chairs, computers, printers, telephones, facsimile machines, means of transport, etc Institutional training program To ensure the successful implementation of resettlement, the displaced persons 74

87 and the resettlement personnel must be trained under a training program, which will be developed by the PMO and AHAB. A training and human resources development system has been established for the resettlement organization at the municipal, county, town and village levels. Training will be conducted in diverse forms, including expert lecture, technical training courses, visiting and learning from other resettlement projects, and field training of technical and management personnel. The training program is shown in Table 6-2. The scope of training includes: ADB resettlement policies and principles; The differences between the provisions of the ADB Policy and PRC Laws, and Policy implementation; Management of design and implementation of the Resettlement Plan; Points for attention during the implementation of resettlement; Resettlement monitoring and evaluation Time June 2010 Table 6-2 Resettlement Training Schedule for officer and village leaders Location June 2011 Domestic December 2011 Training method Subjects Hefei Lecture Resettlement staff Hefei Learning and inspection Exchange and lecture Backbone staff of PMO Resettlement staff Scope Resettlement operational training Field visit of ADB resettlement projects Exchange and discussion on experience and existing issues in resettlement Fund (10,000 yuan) In addition, the following measures will be taken in the subproject to improve the capabilities of the resettlement organization: (1) Define the scope of responsibilities of all levels of the resettlement organization, and strengthen supervision and management; (2) Improve the strength all levels of the resettlement organization gradually, especially specialized technical forces; all personnel must attain a certain degree of professional proficiency and management level; strengthen their technical equipment, such as computers, monitoring equipment and means of transport; (3) Selecting personnel strictly, strengthen operational and technical training, and train the management and technical personnel of all levels of the resettlement organization to improve their professional proficiency and management level; (4) Appoint female officials appropriately and give play to their role in the implementation of resettlement; (5) Establish a database, strengthen information feedback, and ensure the smooth top-down and bottom-up communication of information; leave major issues will be resolved by the resettlement leading group; (6) Strengthen the reporting system and internal monitoring, and solve problems timely; and (7) Establish an external monitoring and evaluation mechanism, and a pre-warning system

88 7 Public Participation, Complaints and Appeals 7.1 Public participation According to the policies and regulations of ADB, the PRC and Anhui Province on land acquisition, house demolition and resettlement, in order to protect the lawful rights and interests of the displaced persons, reduce disputes and complaints, listen to the displaced persons opinions and advice, and further improve the policies and implementation rules on land acquisition and resettlement and the Resettlement Plan of the subproject, and organize implementation properly so as to realize the goal of resettling the displaced persons properly, it is necessary to conduct public participation at the preparation and implementation stages of the subproject Participation at the preparation stage Since December 2008, under the direction of the technical assistance and consultation experts, the survey team of Anhui Communications Vocational and Technical College (ACVTC) and Hohai University has conducted a series of social and economic surveys and public opinion consultations (with 30% being women). At the preparation stage, the PMO, the implementing agencies and the design agency conducted extensive consultation on land acquisition and resettlement. The updated RP is to be uploaded to ADB website in Dec 2011 The participation activities at the preparation stage are shown in Table 7-1. The minutes of the public participation meeting are shown in Appendix 4. The resettlement Information Booklets (RIBs) are to be handed out in December The contents of RIB are shown in Appendix 5. Table 7-1 Public Participation at the Preparation Stage Date Organizer Participants Number Purpose Key opinions and details Introduction to the background and objectives of the Anhui Provincial Affected Feasibility study, subproject Aug. Communications people, village field visit, Minimizing the occupation Nov. Planning, officials, 140 preliminary of arable land in site 2008 Survey and engineering impact survey selection Design Institute technicians Minimizing impacts on the displaced persons in road routing Assistance in the impact Preparation for survey Government the The villagers Dec. departments Resettlement representatives express a 2008 ACTVC concerned and 850 Plan, impact and strong need for the Feb. villagers social and subproject 2009 representatives economic Social and economic surveys survey and displaced households survey Mar June Hohai University, ACTVC APCD PMO Government departments concerned and 230 villagers representatives Affected people, villager teams Preparation for the income restoration plan Disclosure of the Resettlement Plan or information booklet Consultation of compensation and income restoration plans Canal restoration plan Restoration measures for borrow pits, etc. Disclosure of compensation standards, appeal channel, etc. 76

89 Date Organizer Participants Number Purpose Key opinions and details Publication of July.. the draft ADB website 2009 May 2011 Hohai university, communication bureau of counties/ district Dec.2011 ADB website Government departments concerned and villagers representatives Resettlement Plan Update survey Publicationg of the updated resettlement Updte the Resettlement Plan Participation plan for the implementation stage With the progress of preparation and implementation, the implementing agencies will conduct further public participation. The public participation arrangements are shown in Table 7-2. Table 7-2 Public Participation Program of the Subproject Purpose Mode Time Unit Participants Topic Anhui PMO, Highway Disclosure of Bureau, Land & land acquisition Village Resources Bureau; area, Bulletin on land bulletin board affected county s All affected compensation Jun 2011 acquisition and village highway bureau and people standards and meeting land & resources modes of bureau, town and resettlement, village officials etc. Anhui PMO, Highway Bureau, Land & Bulletin compensation and resettlement plan for land acquisition Recheck of physical indicators Determination and implementation of income restoration plan on Village bulletin board Jun.2011 and village meeting Field survey Apr.-May 2011 Village meeting (many times) Before implementation Resources Bureau; affected county s highway bureau and land & resources bureau, town and village officials Anhui PMO, Highway Bureau, Land & Resources Bureau; affected county s highway bureau and land & resources bureau, town and village officials Anhui PMO, Highway Bureau, Land & Resources Bureau; affected county s highway bureau and land & resources All affected people All affected people All affected people Compensation fees and mode of payment 1) Check for omissions, and confirmation of the final quantities affected 2) Detailed list of occupied land and losses of the displaced persons 3) Preparation of the basic compensation agreement Discussion of the final income restoration plan and the plan for use of compensation 77

90 Housing selection Training plans Monitoring plots Village meeting Village meeting Village participation Three before demolition June 2012 bureau, town and village officials months Local land & resources house bureau, town and village officials 2010~June Jun.2011~Dec, 2012 All affected people Local labor bureau, All affected town and village people officials town and village officials All affected people fees / Discussion of training needs 1) resettlement progress and impacts 2) compensation disbursement 3) information disclosure 4) livelihood restoration housing relocation and 7.2 Complaints and appeals Public participation is encouraged throughout the preparation and implementation of the Resettlement Action Plan. Therefore, it is likely that great disputes will not arise. However, some unexpected issues may arise from this process. In order to address such issues and ensure the successful construction and land acquisition of the subproject, a transparent and effective appeal channel has been established. The basic procedure is as follows: Stage 1: If any right of any displaced person is infringed upon in any aspect of land acquisition and resettlement, he/she can report this to the village committee. Either the committee or the displaced person may seek for a solution from the town government through consultation. After receipt of an appeal, the town government will record it, and study a solution together with the committee and the displaced person within 2 weeks. Stage 2: If the complainant is dissatisfied with the disposition of Stage 1, he/she may file an appeal to the Suzhou PMO after receiving such disposition, which shall make a disposition within 2 weeks. Stage 3: If the complainant is dissatisfied with the disposition of Stage 2, he/she may file an appeal to AHAB after receiving such disposition, which shall make a disposition within 2 weeks. Stage 4: f the complainant is still dissatisfied with the disposition of AHAB, he/she may file an appeal to the administrative authorities with competent jurisdiction level by level for arbitration in accordance with the Administrative Procedure Law of the People s Republic of China after receiving such disposition. Stage 5: If the complainant is still dissatisfied with the arbitration award, he/she may bring an action to a civil court in accordance with the Administrative Procedure Law after receiving such award. All agencies concerned will accept the affected people complaints and appeals free of charge, and all costs reasonably incurred will be disbursed from the contingency expenses of the subproject. At the whole construction stage, this appeal procedure will remain effective so that the affected people can use it to solve relevant issues. The above appeal channel and the right of appeal will be notified to the displaced persons through the participation process at a public meeting and the resettlement information booklet. In the meantime, appeal proceedings will be 78

91 published to the affected population people through media. 79

92 8 Resettlement Budget 8.1 Resettlement budget All expenses incurred during land acquisition and resettlement will be included in the general budget of the subproject. Based on prices of May 2011, the total resettlement expenses of the subproject are million yuan, including expenses for the acquisition of rural collective land of million yuan, accounting for 39.89% of total expenses; compensation for temporary land occupation of million yuan, accounting for 13.21%; compensation for demolition of rural residential houses of million yuan, accounting for 13.36%; compensation for infrastructure and ground annexes of million yuan, accounting for 6.88%; and taxes and management fees of million yuan, accounting for 26.66%. The resettlement expenses are shown in Table 8-1Error! Reference source not found.. The basis of the budget estimated is explained in section 4.7. See detailed resettlement budget in Appendix 6. Table 8-1 Budget of Resettlement Expenses No. Item Sixian Lingbi Yongqiao Total expenses Proportion 1 Collective land , % 1.1 Land compensation % 1.2 Resettlement subsidy % 1.3 Crop compensation % 2 Temporarily occupied land % 2.1 Land occupied temporarily for borrow pits % 2.2 Other land occupied temporarily % 3 Rural residential houses % 3.1 Housing compensation % 3.2 Other compensation % 4 Infrastructure and ground annexes % Total of Items , , % 5 Land acquisition management fee % 6 Surveying, design and research expenses % 7 Administrative expenses % 8 Technical training expenses [1] % 9 External monitoring and evaluation expenses % 10 Subsidy for vulnerable groups % 11 Contingency expenses % 12 Land acquisition taxes % Farmland occupation tax % Farmland reclamation fee % Total of items % Total expenses 1, , , , % Proportion 29.77% 30.90% 39.34% % 8.2 Resettlement investment plan and sources of funds The sources of the resettlement funds are counterpart funds from local finance and domestic loans. Before construction or during implementation, the investment plan will be implemented in stages in order not to affect the production and living conditions of the rural households affected by land acquisition, as shown in Table 8-2. Local government would also finance some related costs including housing sites development costs and livelihood training costs. Table 8-2 Resettlement Investment Plan of the Subproject Year Total Investment (10,000 yuan) ,

93 Proportion 50% 40% 10% 100% 8.3 Management and disbursement of resettlement funds The land compensation and the resettlement subsidy will be used in adequate consultation with the villagers opinions; the crop compensation will be paid to the affected people directly; the compensation fees for infrastructure and annexes will be paid to the entities and individuals concerned. To ensure that the resettlement funds are in place timely and fully, and to ensure the restoration of the production, livelihoods and income level of the affected rural households, the following measures will be taken: All expenses related to resettlement will be included in the general budget of the subproject; The land compensation and the resettlement subsidy will be paid up before land acquisition so that all affected people can be resettled properly; To ensure the successful implementation of land acquisition and resettlement, and to ensure that all funds are disbursed on schedule, all levels financial and supervisory organization will be established. 81

94 9 Resettlement Implementation Plan 9.1 Principles for resettlement implementation According to the implementation schedule of the subproject, the construction works will commence in Oct.2011 and be completed in Oct To ensure that the resettlement schedule is linked up to the construction schedule, land acquisition will start from July and end in July, The basic implementation principles of resettlement are: Land acquisition should be completed 3 months before the commencement of construction. The specific time of commencement should be determined as necessary for land acquisition, house demolition and resettlement. During resettlement, the affected people should have opportunities to participate in the subproject. Before the commencement of construction, the scope of land acquisition will be disclosed, and a resettlement information booklet will be distributed for the purpose of public participation. All types of compensation should be paid to property owners directly in full within 3 months from the date of approval of the land acquisition compensation and resettlement plans. No entity or individual should use the compensation fees for properties on their behalf, and such fees should not be discounted during disbursement for any reason. 9.2 Implementation Schedule for Resettlement The overall progress plan for resettlement shall be developed based on the progress of land acquisition. However, this schedule shall be adjusted accordingly if the overall progress deviates. Details are shown in Table 9-1. Table 9-1 Implementation Schedule of Resettlement (As per November 2011) No. Resettlement Tasks Target Responsible Agency Timing Status 1 Disclosure 1.1 Information booklets(updated) 39 AVs PMO & AHAB June RP posted on ADB websites(updated) IA, PMO & ADB Dec Resettlement Plans & Budgets 2.1 Approval of RP & budgets (and CNY mill compensation rates) ion APG and PMO July Village rehabilitation plans 39 AVs VCs Dec Detailed Measurement Surveys (DMS) 3.1 -X056 AHAB Apr Compensation Agreements 4.1 Village land agreements 39 villages LRBs July Household land agreements 1091 AFs VCs July House/property agreements 134 AFs LRBs Aug House Relocation 5.1 Selection & approval of sites 134 AFs Town, VCs & AFs Dec Jan Site infrastructure preparation 14 sites Town & VCs Mar New house construction 134 houses VC or AFs Mar.-Sep Moving into new houses 134 AFs AFs Oct-Nov House demolition 134houses Contractor/AFs Dec Implementation of Rehabilitation Measures 6.1 Land compensation payments to AFs and land adjustment 33 villages Towns & VCs July.-Sep

95 No. Resettlement Tasks Target Responsible Agency Timing Status (where applicable) 6.2 Implement village rehabilitation plans 33 villages VCs Sep.-Dec Advice for income restoration, Towns, VCs, 1190 AFs starting business & jobs Labor, ACF Oct.-Dec Implement Training programs 1190 AFs Labor Offices May-Dec Identify vulnerable AF and Labor & Social 26 AFs July.-Dec implement support measures Security, PMO 6.6 Identifying and hiring AF for PMO, Labor, Oct to Oct APs project construction contractors Resettlement Capacity Building 7.1 Training for AHAB & LRB 15 people ADB Aug Training for county & town 400 officers and PMO and LRB officials and village leaders leaders Jan.-Feb Monitoring & Evaluation 8.1 Baseline surveys One report Monitor 31 Oct ongoing 8.2 Set-up internal supervision As per RP PMO & IA 30 Jun Contract external monitor One PMO 30 Jul Quarterly (as Commencing Internal monitoring reports PMO & IA required) 30 July Jun st Report External monitoring reports Semi-annual Monitor Jun nd Report 8.6 Dec st Report External evaluation reports Annual Monitor Dec nd Report 8.7 Resettlement Completion Report one Report IA & PMO June Documentation of Consultation IA Ongoing 10 Documentation of Grievances IA Ongoing 11 Flow of Land Compensation and Resettlement Funds To IAs Initial funds June To villages Most of funds IA July.-Dec To households Most of funds IA, VCs Aug.-Dec Commence Land Acquisition and Civil Works 12.1 X056 AHAB July AF=affected family; AP=affected person; AV=affected village; IA=Implementing Agency; APG=Anhui Province Government; PMO=Project Management Office; AHAB=Anhui Highway Administration Bureau.;LAR=land acquisition and resettlement; RIB=resettlement information booklet; RP=resettlement plan; VC=village committees. 83

96 10 Monitoring and Evaluation To ensure the successful implementation of the Resettlement Plan and realize the goal of resettling the displaced persons properly, the implementation of the land acquisition, house demolition and resettlement activities of the subproject will be monitored and evaluated regularly as required by the ADB resettlement policies, including internal and external monitoring Internal monitoring The internal monitoring agency of the subproject is APCD. Internal monitoring will be executed jointly by AHAB and other competent authorities (e.g., land and resources bureau). The PMO will prepare a detailed internal monitoring plan for the land acquisition and resettlement activities of the subproject. The scope of monitoring includes: (1) The survey and coordination of and suggestions for key issues of the displaced persons and the implementing agencies during implementation; (2) The restoration level of the household income of the displaced persons after land acquisition; (3) The resettlement and restoration level of the displaced persons after house demolition; (4) The restoration and resettlement of the vulnerable groups in the population affected by land acquisition and house demolition; (5) The disbursement, use and availability of the compensation fees for land acquisition and house demolition; (6) The degree of participation and consultation of the rural households affected by land acquisition and house demolition during implementation; (7) Resettlement training and its results; and (8) The management agencies for resettlement implementation in the affected areas, the training and working efficiency of the implementation personnel. The PMO will submit an internal monitoring report 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. Table 10-1 and Table 10-2 provide some formats. Table 10-1 Progress Report of Land Acquisition, House Demolition and Resettlement, Town, District (County) Cut-off date: MM/DD/YY Date completed: MM/DD/YY Planned Proportion of Item Unit Actual quantity Aggregate quantity completion Permanent land acquisition Mu Temporary land use Mu House demolition area m 2 Payment of land 10,000 compensation yuan Compensation for house 10,000 demolition yuan Personnel training Person Job arrangement Land adjustment Person Mu Reported by: Signature (person responsible): Official seal: 84

97 Table 10-2 Implementation Schedule of Fund Use, Town, District (County) Cut-off date: MM/DD/YY Date completed: MM/DD/YY Affected unit Description 10 Unit/ Qty. Investment required (yuan) Compensation received (yuan) Adjusted compensation Village 1 Village 2 Collectives Displaced households Entities Reported by: Signature (person responsible): Official seal: Proportion of compensation 10.2 External monitoring As required by the ADB policies, the PMO will employ a qualified, independent resettlement agency with experienced in ADB projects as the independent resettlement monitoring agency. The external monitoring and evaluation agency will make follow-up monitoring and evaluation of resettlement activities, monitor the progress, quality and funds of resettlement, and provide advisory opinions. It will also make follow-up monitoring of the production level and standard of living of the displaced persons, and submit monitoring and evaluation reports to the PMO and ADB. The external monitoring outline is shown in Appendix Scope and methods of external monitoring (1) Baseline survey The external monitoring agency will make a baseline survey of the villages affected by land acquisition in the subproject, and collect baseline data on the production level and standard of living of the monitored displaced households (standard of living, production and income levels). The survey of production level and standard of living will be conducted semiannually to track variations in this aspect. The survey methods include follow-up survey of typical sample (sample size: 20% of households affected by land acquisition, 20% of households affected by house demolition, 50% of affected villages; the sample households will be sampled randomly), random interview and field observation to collect necessary data. A statistical analysis will be made on this basis for evaluation. (2) Regular monitoring and evaluation During the implementation of the Resettlement Plan, the external monitoring agency will perform regular follow-up resettlement monitoring of the following activities twice a year through field observation, follow-up survey of the sample households and random interview with the displaced persons: Disbursement and amount of compensation fees; Training; Support to the vulnerable groups; Restoration and reconstruction of infrastructure and special facilities; 10 Fill building of village-level road (number), labor training and employment or subsidy for vulnerable groups, etc. in Description. 85

98 Resettlement and restoration of production and livelihoods; Compensation for property losses; Schedule for the above activities (applicable at any time); Resettlement network organization; Use of compensation fees for collective land and income of the displaced persons; Increase in employment income of labor; and Whether the affected people benefit from the subproject. (3) Public consultation The external monitoring agency will attend the public consultation meetings to be held during the implementation of resettlement. By attending these meetings, the external monitoring agency can evaluate the results of public participation. (4) Complaints The external monitoring agency will visit the affected villages regularly, and inquire of the town governments and the implementing agencies that accept complaints about the disposition of complaints. In the meantime, it will also meet complainants and propose corrective measures and suggestions for the existing issues so that the implementation process becomes more effective External monitoring reporting The external monitoring and evaluation agency will submit a monitoring report and an evaluation report to ADB and the PMO semiannually. The reporting schedule is shown in Table Table 10-3 Schedule of Resettlement Monitoring and Evaluation Report Date 1 Baseline social and economic survey report Dec, st monitoring report Jun, st monitoring report and annual evaluation report Dec, nd monitoring report Jun nd evaluation report and annual evaluation report Dec Post evaluation report Jun Post-resettlement evaluation After the completion of the subproject, on the basis of monitoring and evaluation, the post-evaluation theory and methods will be used to make a summary and evaluation of resettlement activities to evaluate successful experience and lessons from land acquisition and resettlement and provide a reference for subsequent resettlement. 86

99 Appendixes Appendix 1 Schematic Map of the Subproject 87

100 Appendix 2 Gender Analysis of Affected Areas Part A Gender Analysis of Rural Women in the Project Area 1. Legal Rights According to China s laws, women have equal legal rights with men. of Women However, some women are not fully aware of their rights. 2. Status The women of the project affected area have relatively good social status. All of key issues of a family are determined through discussion both by the husband Women in and wife. Men are the backbones in a family. They attend the important Society meetings of the village. However, women have the influences on them when they are required to make determination. Women have the same title as men. Like other parts of China, in the affected areas, when a daughter is married, her land will remain in her mother s home and she can only share the land owned by her husband s home since the 3. Legal title to household contract responsibility system was put into practice in land and However, if a second round of land contracting is carried out at the affected property village (around 1999), this situation has been corrected. If land acquisition, house demolition and resettlement are involved, women will have equal rights to compensation. 4. Access to common property 5. Livelihoods and gender roles 6. Contribution to household income 7. Intrahousehold equality 8. Educational levels 9. Health condition 10. Village and government institutions Overall evaluation and key risks Women have equal rights. There is no restriction on gender role. However, women do housework and appropriate agricultural production tasks mainly in Chinese rural areas, while men deal with transport or work mainly. Generally, the working hours of women are 1.2 times those of men. In the meantime, many young women would also go out for work. Women s income is from farming and household sidelines mainly, accounting for about 25% of household income. Women have an equal voice in decision-making; when men are away for work, women make decisions. Boys and girls enjoy equal opportunities in receiving education, and as long as children study hard, their parents would do their best to support their school education. Health conditions are quite good and there is no significant difference in nutrition levels compared to men; however, medical expenses are rising which is a significant burden for some households, and women may suffer more. Women are represented in all village committees. In the meantime, women have a good informal network in the village and the villager team. Women may participate in the election of the village committee, and have the right to elect and be elected; local governments attach great importance to women s development, especially in poverty reduction. Women enjoy a good status in the affected areas, and there is no restriction on gender role; though women seldom participate in the decision-making of public affairs of the village collective, they can express their views in many ways (e.g., through male members of the household). B Gender analysis of women during resettlement Gender issue Concern/risk Impact of the subproject 1 Land, property and right to compensation Women will be deprived of land or properties or have no right to compensation. Men and women have equal rights to compensation for land acquisition, resettlement etc. the project will not have any adverse impacts. 2 House Women have no Women have title to houses, and demolition and right to decision house reconstruction is determined Mitigation measures (1) Cash compensation or improvement of the quality of remaining land, restructuring of crop cultivation (2) Women have title to rebuilt 88

101 Part A Gender Analysis of Rural Women in the Project Area rebuilding making or use the jointly by all family members, so houses. compensation women can participate in the fees. selection of housing site, house construction and transitional housing arrangement, etc. All affected households will lose part of land only, so the affected households will lose part of income receive only. The compensation fees will be used at the own discretion of the Women are 3 Restoration of affected households. Only seriously affected even more production and affected households have to change seriously, and income after their sources of income. Except cash obtain less land acquisition compensation, the affected assistance. households will be aided in restoring income through auxiliary measures unskilled (priority in employment during construction, technical training and subsequent support, etc.) 4 Increase in gender inequalities Women will have a heavier burden or fewer opportunities. 5 Community The social network network system will be damaged. Serious health or 6 Impact on social problems health / increase due to the stress of of social resettlement problems (violence, AIDS propagation, etc.) 7 Public consultation and participation 8 Complaints and appeals 9 Monitoring and Evaluation No source of information or no participation in decision making This will not lead to gender inequalities. For most households, the impacts of resettlement are not serious. The loss of land and the sufficient compensation will help women change the structure of crop cultivation (e.g., cultivating more cash crops), which will increase their income. The subproject will not affect the community network seriously. The subproject will not affect the villages seriously, but some seriously affected households and vulnerable groups will be faced with difficulties. (1) Women will land acquisition fees; (2) women will account for at least 50% among trainees; (3) during construction, women can have at least 30% of opportunities. Monitoring No impact job Provision of assistance together with the civil affairs authorities The resettlement impacts and policies are transparent through the bulletin of land acquisition, the resettlement information booklet and consultation meetings; women can Holding a separate play an active part in the above women s meeting activities. In the resettlement survey, women were surveyed specially, and their opinions taken into account in the Resettlement Plan. The PMO will No channel or ability of complaint Women have equal rights. or appeal Women s needs are not fully understood or the impacts on them are not fully considered. The resettlement funds will be audited. In the meantime, the external monitoring agency will pay special attention to women s issues. address women s issues and take remedies actively. Encourage all affected people, especially women, to participate in monitoring and evaluation 89

102 Appendix 3 Policies on Insurance of Farmers Deprived of Land Anhui Province Guidelines of the Anhui Provincial People s Government on Doing Well in the Employment and Social Security for Farmers Affected by Land Acquisition (Wan Zheng [2005] No.63) All municipal and county people s governments, all departments of and agencies directly under the provincial government, and agencies of Central government in Anhui: To ensure the employment and social security of farmers affected by land acquisition practically, and maintain their lawful rights and interests, the following opinions are proposed on the employment and social security of farmers affected by land acquisition in accordance with the Decision of the State Council on Deepening Reform and Exercising Strict Land Management (Guo Fa [2004] No.28). 1. Fully realize the importance and urgency of ensuring the employment and social security of farmers affected by land acquisition With the industrialization and urbanization of rural areas, there are an increasing number of farmers affected by land acquisition. It has become an urgent task in our province s economic and social development to solve production and livelihood issues for farmers affected by land acquisition. Establish a sound employment mechanism and social security system for farmers affected by land acquisition to provide a stable source of income and reliable basic living guarantee to farmers affected by land acquisition, and solve their long-term livelihood issues. This is an embodiment of the important thought of the Three Represents and an objective requirement for building a well-being society in all aspects, and has great and far-reaching significance in protecting the lawful rights and interests of farmers affected by land acquisition, maintaining social and political stability, improving the investment environment, and promoting the comprehensive, sustained, rapid and balanced economic and social development of our province. Governments at all levels shall take it an important task and a priority to promote the employment of farmers affected by land acquisition, and accelerating the establishment of the social security system for farmers affected by land acquisition, and perform this task perfectly. 2. Principles to be followed in ensuring the employment and social security of farmers affected by land acquisition (1) Identify subjects of employment and social security reasonably: Subjects of the employment and social security of farmers affected by land acquisition are the agricultural population losing all or most of farmland within the planning area of a city (including organic town) approved for land acquisition by the State Council or the provincial people s government pursuant to law. Out of the planning area of a city (including organic town), the agricultural population not having the basic living and production conditions, or having a per capita arable area of not less than 0.3 mu, or no longer occupying farmland within rural collective economic organizations after voluntary adjustment and not to be non-locally resettled by local people's governments after land acquisition approved pursuant to law shall also be identified as subjects of employment and social security. The specific criteria and term for the identification of subjects of the employment and social security of farmers affected by land acquisition shall be determined by municipal and county people s governments based on local conditions. The procedure for the identification of subjects of the employment and social security of farmers affected by land acquisition is: A farmer affected by land acquisition files an application personally; the members of the village collective 90

103 economic organization, village committee or villager team discusses his/her eligibility; the town people s government or sub-district office studies and publishes his/her eligibility; the labor and social security, and land and resources authorities review his/her eligibility, and report to the municipal or county people s government for determination. (2) Highlight priorities: All local governments shall take the employment of farmers of employment age affected by land acquisition, the endowment insurance of farmers affected by land acquisition and the solution of basic livelihood issues of poor farmers affected by land acquisition as the priorities of their work, and ensure the medical treatment of farmers affected by land acquisition and the education of their children. Effective measures shall be taken to ensure that the standard of living of farmers affected by land acquisition is not reduced due to land acquisition, and that their long-term livelihoods are guaranteed. (3) Scientific measurement and calculation, unified planning, adaptation to local conditions, and steady progress: All local governments shall make unified planning of reform, development and stability, and the near-term, medium-term and long-term interests in local social and economic development, the connection between the employment and social security system for farmers affected by land acquisition with that for other urban residents, and the protection of the interests of farmers affected by land acquisition with different terms of land acquisition and reasons, and inside or outside the urban planning area on the basis of sufficient survey and study, detailed occupation data, and detailed basic information of the land and farmers affected by land acquisition; design practical and feasible specific measures for the employment and social security of farmers affected by land acquisition through scientific measurement and calculation, formulate definite operating procedures and strict working requirements, provide guidance for different types, and ensure steady and orderly progress. 3. Turn the registered permanent residence of farmers affected by land acquisition properly. Farmers affected by land acquisition are encouraged to move to towns. When farmers affected by land acquisition apply for the nonagricultural status in household registration, municipal and county (district) public security authorities shall go through the relevant formalities for them and register them at a nearby jurisdiction free of charge. Those having been turned into the nonagricultural status shall have the same rights to social security, education and residence as the local urban residents, and shall not be discriminated against by any entity or individual. 4. Promote the employment of farmers affected by land acquisition in diverse forms. Governments at all levels shall bring farmers affected by land acquisition into the urban employment system. Public benefit jobs shall be developed to place farmers affected by land acquisition. Where conditions permit, a certain proportion of land used for construction acquired by the state may be reserved for resettlement to absorb the employment of farmers affected by land acquisition. Land users shall give jobs suitable for farmers affected by land acquisition to them first. Farmers affected by land acquisition are encouraged to find jobs and start business independently. Unemployed farmers affected by land acquisition shall be brought into the reemployment service system actively, provided with free vocational training, advice on employment policies, employment information, vocational guidance and referral services; they shall be organized in a planned and orderly manner to participate in employment training and vocational skills training, so as to improve their employment skills and competitive power; and also provided with employment assistance and business startup guidance. 5. Ensure the social security of farmers affected by land acquisition properly (1) Farmers affected by land acquisition that have been turned into the nonagricultural status and are eligible for the basic endowment insurance of 91

104 enterprise employees, the basic medical and unemployment insurances for urban workers shall be brought into the scope of these insurances; those having livelihood difficulties and eligible for the minimum living guarantee for urban residents shall be brought into the scope of the minimum living guarantee for urban residents. If rural social endowment insurance and rural cooperative medical systems have been established, and the rural minimum living guarantee system is tried out locally, farmers affected by land acquisition that still have the agricultural status in household registration shall be brought into the scope of the corresponding insurances and guarantee; for those eligible for rural aid for the extremely poor and rural minimum living guarantee, their basic livelihood issues should be solved by providing them with rural aid for the extremely poor and rural minimum living guarantee. (2) Establish an endowment insurance system for farmers affected by land acquisition gradually. An endowment insurance system for farmers affected by land acquisition shall be established gradually throughout the province in about 3 years time. Farmers affected by land acquisition having attained 16 years of age upon land acquisition and not covered by urban basic endowment insurance may effect the endowment insurance of farmers affected by land acquisition voluntarily, the funds of which shall be raised jointly by the local government, the village (team) collective and individuals. The contribution of the government shall be disbursed from land transfer income and other incomes for compensated use of state land, and the contribution of the village (team) collective shall be disbursed from the land compensation, the operating income of the collective economic organization, and other incomes of the village (team) collective. The government and collective contributions shall be used to grant basic endowment insurance benefits, and the standard thereof shall not be less than 80 yuan per person-month. The personal payment shall be used as a supplement to endowment insurance benefits. All local governments may guide and encourage farmers to pay premiums to enrich endowment insurance funds and improve the level of endowment insurance. The starting age of receiving endowment insurance benefits shall be 60 years for men and 55 years for women. The finance, and land and resources authorities shall assist in transferring endowment insurance funds for farmers affected by land acquisition to the special account of social security funds opened by the local finance authorities timely and fully, while giving a notice to the labor and social security authorities of the same level. The personal payment, and the government and collective contributions shall be managed in separate account books, in which the latter shall be subject to municipal or county unified planning in principle. If the insured dies, the balance of the principal amount of his/her personal payment may be inherited with interest pursuant to law. Farmers affected by land acquisition eligible for the urban basic endowment insurance of enterprise employees may elect to effect such insurance. In this case, the personal payment to the endowment insurance of farmers affected by land acquisition shall be refunded to the insured at a time, and the endowment insurance of farmers affected by land acquisition shall be cancelled thereupon. 6. Strengthen the leadership of the employment and social security of farmers affected by land acquisition. Governments at all levels shall attach great importance to the employment and social security of farmers affected by land acquisition, and strengthen leadership practically. The leaders chiefly responsible shall take the lead personally. The labor and social security authorities are in charge of this work, and shall play a leading role practically, and the finance, land and resources, agriculture, civil affairs and public security authorities shall perform their respective responsibilities and work closely to ensure the employment and social security of farmers affected by land acquisition. The propaganda, supervision and inspection of the employment and social security of farmers affected by land acquisition shall be strengthened to protect the lawful rights and interests of farmers affected by land acquisition pursuant to law. All municipal and county governments shall formulate the implementation 92

105 procedures for the employment and social security of farmers affected by land acquisition according to these opinions and the practical situation, and promote the employment and social security of farmers affected by land acquisition steadily and actively. Where the endowment insurance system for farmers affected by land acquisition cannot be put into practice by 2008, the local people s government shall explain the reason specifically to the provincial people s government. Suzhou Municipality Anhui Provincial People s Government June 12, 2005 Interim Procedures of Suzhou Municipality on the Basic Endowment Insurance of Farmers Affected by Land Acquisition Article 1 In order to improve the social security of farmers affected by land acquisition, protect the lawful rights and interests of farmers affected by land acquisition, and promote balanced economic and social development, these Procedures have been formulated in accordance with the Circular of the State Council on Issues on Further Strengthening Land Control (Guo Fa [2006] No.31) and Guidelines of the Anhui Provincial People s Government on Doing Well in the Employment and Social Security for Farmers Affected by Land Acquisition (Wan Zheng [2005] No.63) and by reference to our city s practical situation. Article 2 These Procedures apply to the basic endowment insurance for farmers affected by land acquisition within the urban planning area, the economic and technological development zone of Suzhou City, and Yongqiao District, and the collection, payment, management and distribution of basic endowment insurance funds. Article 3 Registered agricultural population deprived of all farmland or having a per capita arable area of less than 0.3 mu after land acquisition, having attained 16 years of age upon land acquisition and having not effected the basic endowment insurance of urban workers after land acquisition with the approval of the State Council or the provincial people s government may effect basic endowment insurance voluntarily. Article 4 Farmers affected by land acquisition are encouraged to move to towns. When farmers affected by land acquisition apply for the nonagricultural status in household registration, the public security authorities shall go through the relevant formalities for them at a nearby jurisdiction. Farmers affected by land acquisition turned into nonagricultural population and eligible for the minimum living guarantee for urban residents shall be brought into the scope of the minimum living guarantee for urban residents. Article 5 Promote the employment of farmers affected by land acquisition greatly. Job opportunities shall be developed actively to place farmers affected by land acquisition. Land users shall provide jobs suitable for farmers affected by land acquisition to them first. Farmers affected by land acquisition are encouraged to find jobs and start business independently. Unemployed farmers affected by land acquisition shall be brought into the reemployment service system gradually, and provided with free vocational training, advice on employment policies, employment information, vocational guidance and referral services. Article 6 The labor and social security authorities shall be in charge of the basic endowment insurance of farmers affected by land acquisition. The finance, land and resources, agriculture, civil affairs and public security authorities and the relevant town (neighborhood committee) and village committee shall promote the basic endowment insurance of farmers affected by land acquisition 93

106 within their respective scope of responsibilities. Article 7 Basic endowment insurance funds for farmers affected by land acquisition funds shall consist of unified funds and personal account funds, and be used specifically for the basic endowment insurance of farmers affected by land acquisition. Article 8 The unified funds shall consist of the contributions of the government and the village (team) collective, and the standards thereof shall be determined on the principle of slight surplus: (1) The contribution of the government shall be disbursed from land transfer income and other incomes for compensated use of state land; the standard is 20 yuan/m 2 for transfer of land, in which that for industrial land and land for road construction under urban planning 6 yuan/m 2 ; (2) The contribution of the village (team) collective shall be disbursed from the land compensation, the operating income of the collective economic organization, and other incomes of the village (team) collective; the standard is 4,500 yuan per capita for the insured. The government contribution shall be borne by the municipal finance, the finance of the economic and technological development zone or Yongqiao District depending on the jurisdiction of the land acquired. Article 9 The personal account of the basic endowment insurance of farmers affected by land acquisition funds shall consist of personal payment and interest. A farmer affected by land acquisition may establish a personal account voluntarily, and select from any of the payment standards of 3,600 yuan, 7,200 yuan and 10,800 yuan. If the farmer set up a personal account voluntarily, he/she shall go through the payment formalities upon application for the basic endowment insurance. Interest shall accrue on the principal of the personal account at the one-year bank deposit interest rate of the same period. Article 10 The government contribution to the basic endowment insurance of farmers affected by land acquisition to be raised shall be examined by the labor and social security authorities together with the finance, and the land and resources authorities, reported to the municipal or district government or the management committee of the development zone for approval, and transferred by the special financial account for the basic endowment insurance of farmers affected by land acquisition funds by the finance authorities according to the specified standard. The contribution of the village (team) collective shall be collected or withheld by the land and resources authorities together with the local town people s government (neighborhood committee), and the personal payment shall be collected by the labor and social security authorities at a time, and transferred to the special financial account for the basic endowment insurance of farmers affected by land acquisition funds timely. Article 11 Basic endowment insurance funds of farmers affected by land acquisition shall be subject to management of the receipt and disbursement lines on the principle of special fund for special use. The unified funds and the personal account funds shall be managed in separate account books. The finance authorities shall be responsible for the management and disbursement of basic endowment insurance funds of farmers affected by land acquisition. Article 12 An eligible farmer affected by land acquisition shall apply for the basic endowment insurance as follows: (1) The farmer files a personal application; after such application is deliberated and adopted by the village (neighborhood) committee, the committee shall complete the Registration Form of Basic Endowment Insurance of Farmers Affected by Land Acquisition of Suzhou City and a list of farmers affected by land acquisition, and submit them to the town people s government (neighborhood committee) for 94

107 examination; (2) After examination, the town people s government (neighborhood committee) shall disclose the list to the public within 10 days; (3) After review by the labor and social security authorities and the land and resources authorities, shall submit the list to the municipal or district government or the management committee of the development zone for approval, and the labor and social security authorities shall establish a basic endowment insurance account for the insured. Article 13 The starting age of receiving monthly endowment insurance benefits shall be 60 years for men and 55 years for women. Farmers affected by land acquisition who have attained or exceed the age specified in the preceding paragraph upon validation of these Procedures shall receive endowment insurance benefits on a monthly basis from the month following the performance of the procedure specified in Article 12 above. Article 14 Basic endowment insurance benefits for farmers affected by land acquisition shall include basic endowment insurance benefit and personal account endowment insurance benefit. The basic endowment insurance benefit shall be paid from the unified funds, and the personal endowment insurance benefit from the personal account. After the personal account funds have been used out, the benefit shall be paid from the unified funds. In case of personal payment, where the village (team) collective has paid its due contribution in full pursuant to Paragraph 2 of Article 8 above, the standard of the endowment insurance benefit shall be as follows: (1) For personal payment of 3,600 yuan, 130 yuan per capita-month, in which the basic endowment insurance benefit is 100 yuan and the personal endowment insurance benefit is 30 yuan; (2) For personal payment of 7,200 yuan, 160 yuan per capita-month, in which the basic endowment insurance benefit is 100 yuan and the personal endowment insurance benefit is 60 yuan; (3) For personal payment of 10,800 yuan, 190 yuan per capita-month, in which the basic endowment insurance benefit is 100 yuan and the personal endowment insurance benefit is 90 yuan. In case of no personal payment, where the village (team) collective has paid its due contribution in full as stipulated, no personal account endowment insurance benefit shall be granted, and a basic endowment insurance benefit of 100 yuan per capita-month shall be granted For farmers affected by land acquisition before these Procedures come into effect, where the village (team) collective is unable to pay its due contribution, the basic endowment insurance benefit shall be reduced by 20 yuan, while Paragraphs 2 and 3 of this article shall otherwise apply. Article 15 If the insured dies, the balance of the principal amount of his/her personal account may be paid to his/her legal heir or designated beneficiary at a time. Article 16 Farmers affected by land acquisition eligible for the basic endowment insurance of urban workers may effect this insurance. Farmers affected by land acquisition who have effected the basic endowment insurance of urban workers shall no longer be entitled to the endowment insurance benefits stipulated herein; if a personal account has been established in accordance herewith, the funds in such account may be refunded to the insured at a time. Article 17 Basic endowment insurance benefits for farmers affected by land acquisition may be deposited to a state-owned commercial bank or used to purchase national debt for value maintenance or appreciation as stipulated, and shall not be used for investment, lending, mortgage or guarantee for others. Article 18 An endowment insurance reserve system shall be established for farmers affected by land acquisition. The reserve shall be withdrawn from annual land transfer and appreciation income and used as a supplement to endowment insurance 95

108 funds for farmers affected by land acquisition endowment insurance. Article 19 No entity or individual shall report or receive basic endowment insurance benefits for farmers affected by land acquisition falsely; if this provision is violated, not only the corresponding amount shall be recovered pursuant to law, but also such entity or individual shall be held legally liable. Article 20 If any agency concerned or a worker thereof neglects its/his/her duties, abuses its/his/her authorities or commits malpractice, so that the endowment insurance funds for farmers affected by land acquisition are not collected in full or are lost, embezzled, or basic endowment insurance benefits for farmers affected by land acquisition are deducted, it/he/she shall be given an administrative punishment pursuant to law; if such act constitutes a crime, the criminal liability shall be ascertained pursuant to law. Article 21 The specific procedures of each county on the basic endowment insurance of farmers affected by land acquisition shall be formulated by each county people s country based on the county s practical situation by reference hereto. Article 22 These Procedures shall be interpreted by the municipal labor and social security bureau. Article 23 These Procedures shall come into effect on January 1, Suzhou Municipal People s Government, Anhui December 29,

109 Appendix 4 Public Participation and Minutes Time March 15, 2009 Location Organizer Participants Fengmiao Neighborhood Committee, Fengmiao Town Lingbi County Highway Bureau Leaders of Lingbi County Highway Bureau and Fengmiao Town Government, Hohai University, ACVTC, 24 representatives of affected villagers (7 women) Topic Willingness for house demolition, land acquisition and resettlement Compensation fees should be distributed within the team, followed by land exchange. Some affected households unwilling to exchange their land may be granted cash compensation directly, and will not be allocated land. Details and The compensation for house demolition should be paid to each household, results which will secure its housing site itself. Borrow pits should be located in land with bad soil quality, and used as fishponds in the future. Time March 14, 2009 Location Zhenglou Village, Yugou Town Organizer Lingbi County Highway Bureau Participants Leaders of Lingbi County Highway Bureau and Yugou Town Government, Hohai University, ACVTC, 23 representatives of affected villagers (3 women) Topic Willingness for house demolition, land acquisition and resettlement The village committee has mobile land. If house demolition is involved, housing sites can be arranged for the affected households. Details and The compensation for land acquisition should be preferably paid directly to the results affected households for use on their production and livelihoods. The water system can be restored by the villagers after receiving a subsidy. Time March 16, 2009 Location Dongfeng Village, Dazhuang Town Organizer Sixian County Highway Bureau Participants Leaders of Sixian County Highway Bureau and Dazhuang Town Government, Hohai University, ACVTC, 18 representatives of affected villagers (4 women) Topic Willingness for house demolition, land acquisition and resettlement Since it has been stipulated in the village from 2001 that housing sites should be 23 meters away from the centerline of roads, the houses to be demolished Details and are discarded or auxiliary houses only. results The compensation for land acquisition should be preferably paid directly to the affected households. The village collective may also withhold a part for watercourse management and water conservancy improvement. Time March 13, 2009 Location Matai Village, Jieji Town Organizer Yongqiao District Highway Bureau Participants Leaders of Yongqiao District Highway Bureau and Jieli Town Government, Hohai University, ACVTC, 19 representatives of affected villagers (4 women) Topic Willingness for house demolition, land acquisition and resettlement 3 households of this village may be displaced. Since their houses were newly Details and built, they expect that their houses will not be demolished. results The compensation for land acquisition should be preferably paid directly to the affected households. It is unlikely to organize land exchange. Time March 13,

110 Location Organizer Participants Lanxi Village, Langan Town Yongqiao District Highway Bureau Leaders of Yongqiao District Highway Bureau and Lanxi Village Government, Hohai University, ACVTC, 14 representatives of affected villagers (3 women) Topic Willingness for house demolition, land acquisition and resettlement It house demolition is involved, the villagers expect that their houses should be set back locally, or that the government should provide another housing site at Details and the same price. results Since the local people attach importance to land, few people can accept land exchange. The preferred compensation option for land acquisition is direct payment to the affected households. Time March 13, 2009 Location Wangzhuang Village, Caocun Town Organizer Yongqiao District Highway Bureau Participants Topic Time May 18, 2011 Location Organizer Leaders of Yongqiao District Highway Bureau and Caocun Town Government, Hohai University, ACVTC, 21 representatives of affected villagers (6 women) Willingness for house demolition, land acquisition and resettlement Office building of the Sixian County Highway Administration Bureau Sixian County Highway Administration Bureau Participants Sixian County Highway Administration Bureau, Hohai University Topic Changes in land acquisition and house demolition impacts, and compensation policies, etc. in Sixian County 1) Document [2009] No.132 of the Anhui Provincial Government applies to Details and compensation for land acquisition. results 2) Resettlement options should be decided by affected villages at village meetings. Time May 20, 2011 Location Lingbi County Government Organizer Lingbi County Highway Administration Bureau Participants Persons responsible of the Lingbi County Highway Administration Bureau and the Lingbi County Government, Hohai University Topic Changes in land acquisition and house demolition impacts, and compensation policies, etc. in Lingbi County 1) Document [2009] No.132 of the Anhui Provincial Government applies to Details and compensation for land acquisition. results 2) Resettlement options will be decided by affected villages at village meetings. 98

111 Discussion with affected household 99