44007-013: jiangxi fuzhou urban integrated infrastructure ...€¦ · jiangxi fuzhou urban...

Jiangxi Fuzhou Urban Integrated Infrastructure Improvement Project (RRP PRC 44007)

Resettlement Plan December 2013

PRC: Jiangxi Fuzhou Urban Integrated Infrastructure Improvement Project Prepared by Fuzhou City Investment and Development Company for the Asian Development Bank. This resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. Your attention is directed to the “terms of use” section of this website. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.

Jiangxi Fuzhou Urban Integrated Infrastructure Improvement Project Resettlement Plan

Jiangxi Fuzhou Urban Integrated Infrastructure Improvement Project

(Loan 2915-PRC)

Resettlement Plan (Final Based on DMS)

Fuzhou Investment and Development Company October 2013


Abbreviations

ADB – Asian Development Bank APs – affected persons CNY – Chinese yuan EA – executing agency FDRC – Fuzhou Development and Reform Committee FIDC – Fuzhou Investment Development Co., Ltd. FLRB – Fuzhou Municipal Land & Resources Bureau FMG – Fuzhou Municipal Government GDP – Gross Domestic Product HH – Household IA – implementing agency JEDZ - Jinchao Economic Development Zone LA&R – land acquisition and resettlement LRB – land and resources bureau M&E – monitoring and evaluation PMO – project management office PRC – People’s Republic of China RO – resettlement office RP – resettlement plan VG – vulnerable group


Contents EXECUTIVE SUMMARY ............................................................................................................................................ I

1. INTRODUCTION .............................................................................................................................................. 1

1.1 BACKGROUND ................................................................................................................................................... 1 1.2 PROJECT DESCRIPTION ........................................................................................................................................ 1

1.2.1 Geographic Location ................................................................................................................................. 1 1.2.2 Project Components and Scales ................................................................................................................ 1 1.2.3 Project Implementation Schedule ............................................................................................................. 4

1.3 THIS RESETTLEMENT PLAN .................................................................................................................................. 4

2. RESETTLEMENT IMPACT ................................................................................................................................. 6

2.1 IMPACT AREA .................................................................................................................................................... 6 2.2 MEASURES TO MINIMIZE LA&R IMPACTS .............................................................................................................. 6 2.3 LA&R IMPACTS ................................................................................................................................................. 6

2.3.1 Permanent Land Acquisition ..................................................................................................................... 7 2.3.2 Temporary Land Occupation ..................................................................................................................... 7 2.3.3 Affected Houses and Attachments ............................................................................................................ 8 2.3.4 Affected Households and People .............................................................................................................. 8 2.3.5 Vulnerable Groups .................................................................................................................................... 9

2.4 IMPACT ASSESSMENT.......................................................................................................................................... 9 2.4.1 Land Acquisition ....................................................................................................................................... 9 2.4.2 House Demolition ................................................................................................................................... 12 2.4.3 Other Impacts ......................................................................................................................................... 12

3. SOCIOECONOMIC PROFILES ..........................................................................................................................13

3.1 FUZHOU MUNICIPALITY .................................................................................................................................... 13 3.2 LINCHUAN DISTRICT ......................................................................................................................................... 13

3.2.1 Affected Township and Subdistrict .......................................................................................................... 13 3.2.2 Affected Villages ..................................................................................................................................... 15 3.2.3 Affected Households ............................................................................................................................... 15

3.3 ANALYSIS OF AFFECTED WOMEN IN PROJECT AREAS ............................................................................................... 18 3.4 DESIRES OF APS .............................................................................................................................................. 19

3.4.1 Compensation ........................................................................................................................................ 19 3.4.2 Livelihood Rehabilitation ........................................................................................................................ 19

3.5 PROJECT RECOGNITION ..................................................................................................................................... 19

4. LEGAL FRAMEWORK AND RESETTLEMENT POLICIES .....................................................................................22

4.1 APPLICABLE LAWS & REGULATIONS AND DECREES.................................................................................................. 22 4.2 RELEVANT CLAUSES OF THE LAWS & REGULATIONS AND DECREES ............................................................................. 23

4.2.1 State Council Decree No. 28 on Oct 21 2004 .......................................................................................... 23 4.2.2 Decree No. 238 of the Ministry of Land and Resources (2004) ............................................................... 24 4.2.3 Notice No. 25 of Fuzhou Municipal Government (2013) ........................................................................ 24 4.2.4 Notice No.17 of Fuzhou Municipal Government (2011) ......................................................................... 26 4.2.5 Notice No.74 of Fuzhou Municipal Government (2013) ......................................................................... 26

4.3 THE ADB INVOLUNTARY RESETTLEMENT POLICIES .................................................................................................. 26 4.4 POLICY DIFFERENCES BETWEEN ADB AND PRC ..................................................................................................... 27 4.5 COMPENSATION RATES ADOPTED FOR THE PROJECT ............................................................................................... 28 4.6 ENTITLEMENT MATRIX ...................................................................................................................................... 29

5. RESETTLEMENT AND INCOME REHABILITATION ............................................................................................33

5.1 RESETTLEMENT TARGETS ................................................................................................................................... 33


5.2 RESETTLEMENT POPULATION ............................................................................................................................. 33 5.3 GENERAL RESETTLEMENT STRATEGY .................................................................................................................... 33 5.4 REHABILITATION PLAN FOR LAND ACQUISITION AFFECTED PEOPLE ............................................................................ 34

5.4.1 Skill Training and Arranging Non-Farm Employment ............................................................................. 35 5.4.2 Training and Microcredit for Self-employment ....................................................................................... 36 5.4.3 Redistribution of Farmland ..................................................................................................................... 37 5.4.4 Employment and Service Provision during Project Construction ............................................................ 37 5.4.5 Participation in Endowment Insurance and Old-age Living Allowance Programs .................................. 38

5.5 RELOCATION PLAN ........................................................................................................................................... 38 5.5.1 Rural Concentrated Resettlement ........................................................................................................... 39 5.5.2 Urban Concentrated Resettlement ......................................................................................................... 45

5.6 SAFEGUARD MEASURES FOR VULNERABLE GROUPS ................................................................................................ 47 5.7 GENDER ISSUES DURING RESETTLEMENT AND INCOME RESTORATION ......................................................................... 47

6. PARTICIPATION AND CONSULTATION .............................................................................................................49

6.1 OBJECTIVES OF CONSULTATION AND PARTICIPATION ................................................................................................ 49 6.1.1 Consultation and Public Participation Approach .................................................................................... 49 6.1.2 Public Participation and Consultation Measures .................................................................................... 49

6.2 CONSULTATION AND PARTICIPATION DURING RP PREPARATION.................................................................................. 50 6.3 CONSULTATION AND PARTICIPATION PLAN DURING RP IMPLEMENTATION .................................................................... 52

6.3.1 Participation in Housing Relocation ....................................................................................................... 53 6.3.2 Participation in Production Resettlement .............................................................................................. 53 6.3.3 Participation in Disbursement and Management of Compensation Funds ............................................ 53 6.3.4 Participation in Project Construction ...................................................................................................... 54

6.4 PARTICIPATION OF WOMEN ............................................................................................................................... 54 6.5 C&P PLAN DURING RP IMPLEMENTATION ............................................................................................................ 54 6.6 DISCLOSURE OF RESETTLEMENT POLICY AND RP .................................................................................................... 55

6.6.1 Clarify the Compensation Policies .......................................................................................................... 55 6.6.2 Resettlement Information Disclosure ..................................................................................................... 55 6.6.3 Holding Meetings ................................................................................................................................... 56 6.6.4 Community Participation........................................................................................................................ 56

7. GRIEVANCE REDRESS MECHANISMS ............................................................................................................. 57

8. INSTITUTION AND RESPONSIBILITIES ............................................................................................................58

8.1 INSTITUTIONAL SETUP ...................................................................................................................................... 58 8.2 CAPACITY BUILDING ......................................................................................................................................... 60

8.2.1 Staff Training .......................................................................................................................................... 60 8.2.2 Measures to Strengthen Capacity Building ............................................................................................ 60

9. MONITORING AND EVALUATION ...................................................................................................................63

9.1 INTERNAL MONITORING .................................................................................................................................... 63 9.1.1 Objectives of Internal Monitoring........................................................................................................... 63 9.1.2 Elements of Internal Monitoring ............................................................................................................ 63 9.1.3 Responsibilities of Internal Monitoring .................................................................................................. 64

9.2 EXTERNAL MONITORING ................................................................................................................................... 64 9.2.1 Objectives ............................................................................................................................................... 64 9.2.2 M&E Contents ........................................................................................................................................ 65 9.2.3 Methods and Procedure ......................................................................................................................... 65 9.2.4 Reporting Schedule ................................................................................................................................. 66

10. RESETTLEMENT BUDGET ........................................................................................................................... 67

10.1 BASIC COSTS ................................................................................................................................................... 67


10.1.1 Land Acquisition ................................................................................................................................. 67 10.1.2 Costs for Affected Houses and Facilities ............................................................................................. 67 10.1.3 Cost for Rural Resettlement Site Preparation ..................................................................................... 68 10.1.4 Cost for Xiangtan Garden ................................................................................................................... 68 10.1.5 Relocation Allowances and Subsides .................................................................................................. 68 10.1.6 Vulnerable Group Subsidies ................................................................................................................ 68 10.1.7 Costs for Public Infrastructures .......................................................................................................... 68

10.2 OTHER COSTS ................................................................................................................................................. 68 10.3 CONTINGENCY ................................................................................................................................................ 69 10.4 TOTAL INVESTMENT BUDGET .............................................................................................................................. 69

11. IMPLEMENTATION SCHEDULE .................................................................................................................. 71

11.1 PRINCIPLES FOR RESETTLEMENT IMPLEMENTATION ................................................................................................. 71 11.2 IMPLEMENTATION SCHEDULE ............................................................................................................................. 71

APPENDICES .......................................................................................................................................................... 74

APPENDIX 1: LAND ACQUISITION BY COMPONENT AND BY SUBVILLAGE ................................................................................... 74 APPENDIX 2: AFFECTED HOUSES AND ATTACHMENTS ........................................................................................................... 78 APPENDIX 3: AFFECTED HOUSEHOLDS AND PEOPLE IN SUBVILLAGES ....................................................................................... 79 APPENDIX 4: FARMLAND LOSS IMPACT ON AFFECTED SUBVILLAGES ........................................................................................ 81 APPENDIX 6: RESETTLEMENT INFORMATION BOOKLET ......................................................................................................... 92 APPENDIX 7: TOR FOR THE INSTITUTIONAL CAPACITY BUILDING CONSULTANT (SOCIAL SAFEGUARDS – NATIONAL CONSULTANT) ........ 98 APPENDIX 8: TERMS OF REFERENCE FOR EXTERNAL MONITORING AND EVALUATION .................................................................. 99


List of Tables and Figures Table 1.1: Project Components and Scale .................................................................... 2 Table 2.1: Permanent Land Acquisition by Project Component ..................................... 7 Table 2.2: Permanent Land Acquisition among Affected Villages .................................. 7 Table 2.3: Affected Houses ........................................................................................... 8 Table 2.4: Affected Attachments .................................................................................... 8 Table 2.5: Land Acquisition Affected Households and People ....................................... 8 Table 2.6: House Demolition Affected Households and People ..................................... 9 Table 2.7: Farmland Acquisition Impacts for Affected Villages ..................................... 10 Table 3.1: Key Statistics of Affected Township and Subdistrict (2011) ........................ 14 Table 3.2: Socioeconomic Profiles for Affected Villages (2010) ................................... 15 Table 3.3: Distribution of Sample Households ............................................................. 15 Table 3.4: Income Sources of Sample HHs (2010) ..................................................... 16 Table 3.5: Expenses of Sample Households Surveyed (2010) .................................... 17 Table 3.6: Household Assets ....................................................................................... 17 Table 3.7: Housing Conditions of Sampled Households .............................................. 18 Table 3.8: Land Holdings of Sampled Households ...................................................... 18 Table 3.9: Opinions and Attitudes towards the Project ................................................ 20 Table 4.1: Compensation Standards for Land and Standing Crops ............................. 29 Table 4.2: Compensation Standards for Houses and Attachments .............................. 29 Table 4.3: Resettlement Entitlement Matrix ................................................................. 30 Table 5.1: Training Plan .............................................................................................. 36 Table 5.2: Construction and Relocation Plan for Rural Resettlement .......................... 41 Table 5.3: Construction and Relocation Plan for Urban Resettlement ......................... 45 Table 6.1: C&P during RP Preparation ........................................................................ 51 Table 6.2: C&P Plan during RP Implementation .......................................................... 55 Table 8.1: Responsibilities of Relevant Agencies ........................................................ 59 Table 8.2: Training Plan for Capacity Building............................................................. 60 Table 9.1: Reporting Schedule of External Monitor ..................................................... 66 Table 10.1: Permanent Land Compensation Cost ....................................................... 67 Table 10.2: Cost for Affected Houses and Facilities .................................................... 67 Table 10.3: LA&R Budget ........................................................................................... 69 Table 11.1: Resettlement Implementation Schedule .................................................... 71

Figure 1: Distribution of Project Components ................................................................ 3 Figure 2: Sample Drawing of Final Design (Jinchao Road) ........................................... 4 Figure 3: Relocation Sites and Fuzhou Railway Station .............................................. 42 Figure 4: Planning and Current Status of Rural Relocation Site .................................. 43 Figure 5: Current Status of Rural Relocation Site ........................................................ 44 Figure 6: Construction Status of Urban Relocation Site (Xiangshan Garden) .............. 46 Figure 7: Institutional Setup ........................................................................................ 58


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EXECUTIVE SUMMARY

A. The Project and Land Acquisition and Resettlement Impacts 1. Jiangxi Fuzhou Urban Infrastructure Improvement Project consists of four components: (i) station access roads, (ii) Phase 2 of the Fenggang River Improvement,1 (iii) an urban transport hub, and (iv) a bus rapid transit (BRT) system. The first three components have land acquisition and resettlement (LA&R) impacts; while the fourth component will be constructed on existing roads with no LA&R impact. The project will be implemented by Fuzhou Investment Development Company (FIDC). This RP is based on the final project design and detailed measurement survey including a census of affected persons and inventory of losses.

2. A total of 1,941.4 mu of land will be acquired for the three components; details are given in Table E1. The land acquisition will affect a total of 1,347 households (HHs) with 4,955 persons in 27 subvillages (i.e., villagers’ groups) of six villages in both Chonggang Township and Zhuling Subdistrict.

Table E1: Permanent Land Acquisition Impact

Subcomponent2 Permanent Land Acquisition (mu)

Paddy Dry Slope Vegetable Water House Irri. Canal Total land land land garden pond plot

1 Waihuan Rd (481.33m)* 22.98 0.58 - - 18.86 - - 42.42

2 Zhanqian Rd 83.8 49.7 66.9 0 3.7 10.2 - 214.3 3 Gangdong Rd 110.6 10.3 128.1 1.2 10.6 5.5 - 266.3 4 Jingchao Rd 107.1 20.7 37.9 2.4 7.7 2.7 - 178.5 5 Fenggang River 960.9 3 48.7 82.6 37.5 28.4 1,161.1 6 Transport Hub 60.4 1.2 2.5 8.4 4.1 - 2.2 78.8

Total Area 1,345.8 85.4 284.2 94.6 82.4 46.8 2.2 1,941.4 % 69.30% 4.40% 14.60% 4.90% 4.20% 2.40% 0.10% 100.00%

Note: *The total length 3,091m, a section of 2,580m is currently under construction in order to meet the urgent need of the Fuzhou Railway Station that will start its operation in October 2013, the remaining section of 481.3m is covered by this RP.

3. Along with land acquisition, a total of 155,642.5 m2 of houses will be demolished causing relocation of 446 HHs with 1,628 persons from 10 subvillages of Zhujia and Xianxi villages of Chonggang Township, see Table E2 for details.

Table E2: Affected House Area

Subcomponent Affected Housing Area (m2) Brick-concrete Brick-wood Simple Total

1 Waihuan Road 0.0 0.0 0.0 0.0 2 and 3 Gandong & Zhaqian Roads 36,036.7 17898.5 3,174.8 57,110.0

3 Gandong Road 7,012.6 280.1 132.7 7,425.4 4 Jinchao Road 5,406.6 491.6 600.0 6,498.2 5 Fenggang River 22,294.0 48,201.4 8,418.2 78,913.6 6 Transport Hub 103.4 5261.6 330.2 Total 70,853.3 72,133.2 12,655.9 155,642.4

% 45.5% 46.3% 8.1% 100.0% 1 The phase I Fenggang River Improvement is downstream of Phase II, which had completed in 2010 with total cost of

CNY1.5 billion. The scope of project includes widening the river channel, strengthening the slope, and greening the area. It involves with 3700 meters in length and 20-300 meters in width.

2 Numbering of subcomponents is shown in Figure 1.


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4. Overall, the LA&R will affect 1,347 HHs with 4,955 people, including 446 HH with 1,628 people affected by both land acquisition and house demolition and relocation. Since land is collectively owned, all member households in each subvillage are affected. Affected HHs and people by village is summarised in Table E3.

Table E3: Affected HHs and APs

Impact Village

Total HHs in affected

subvillages Affected HHs Total

People Affected People

(HH) Qty % (persons) Qty % Land

Acquisition Zhujia 480 480 100% 1,920 1,920 100% Xianxi 216 216 100% 632 632 100%

Fenggang 239 239 100% 922 922 100% Fengling 115 115 100% 399 399 100%

Shangzhang 141 141 100% 499 499 100% Bailing 156 156 100% 583 583 100%

Subtotal 1,347 1,347 100% 4,955 4,955 100%

House demolishment

Zhujia 313 313 100.00% 1,180 1,180 100.00% Xianxi 133 133 100.00% 448 448 100.00%

Subtotal 446 446 100.00% 1,628 1,628 100.00%

Total 1,347 1,347 100% 4,955 4,955 100% 5. Considering that income for most of the affected HHs is no longer dependent on farming, subvillages and their member HHs losing more than 20% and of their farmland in the case of the four rural villages are considered as seriously affected–543 HHs with 1,975 persons from 15 subvillages of 3 villages fall in this category.3 B. Resettlement Principles and Entitlements 6. The Resettlement Plan (RP) was prepared in accordance with policies at national, provincial, and municipal levels related to LA&R as well as ADB’s Safeguard Policy Statement (2009). The resettlement principles established for project subcomponents included: (i) Early screening of IR risks and impacts including a gender analysis; (ii) carrying out meaningful consultations with affected persons and host communities including informing the AP about their entitlements and resettlement options; (iii) identifying vulnerable groups among the AP and develop measures to avoid any disproportionate impacts on these groups resulting from involuntary resettlement; (iv) setting up a grievance redress mechanism to deal with project related grievances of the AP; (v) ensure that the affected peoples’ livelihood are improved or at least restored to the pre-project level; (vi) physically and economically displaced persons are provided with required assistance; (vii) APs without titles or legal rights are assisted and compensated for non-land assets; (viii) a resettlement plan is prepared to deal with the IR impact that will include displaced person’s entitlements, livelihood restoration strategy and budget and implementation schedule; (ix) the RP is disclosed to the affected peoples; (x) IR is conceived as part of the project and resettlement budget is treated as part of the project budget (xi) compensation for various losses is paid prior to physical or economic displacement; (xii) resettlement implementation and its outcomes including the standard of living of the APs are monitored and disclosed to the affected peoples.

3 Farming is no longer the major source of rural income and on average contributes to only about 8% of the household

income (see Table 3.4).


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7. The Project compensation and entitlement policy is designed to cover compensation for lost land and non-land assets, including assistance to restore or enhance livelihoods of all APs. APs will receive land compensation at latest official rates and non-land compensation at replacement costs. Moreover, various assistances will be available to severely affected persons and vulnerable groups. An entitlement matrix is prepared and included in the RP. C. Resettlement and Livelihood Rehabilitation 8. To ensure successful resettlement of APs and restore their living standards, income rehabilitation and relocation plans are developed and included in the RP. For land loss impacts, rehabilitation measures include land readjustment among affected subvillage, equal distribution of cash compensation among APs within the respective subvillages, introduction of employment in the various enterprises in the Jinchao Economic Development Zone (JEDZ) which will be supplemented with skill training, provision of endowment insurance for the severely affected APs and provision of allowance for elders. For relocated HHs, affected households can either resettle in designated relocation apartments at preferential prices or in self-built houses on a designated relocation site. In addition, transitional allowance, moving subsidy and other assistances will be provided. Vulnerable APs will be provided special assistance. D. Public Participation and Grievance 9. From April 2011 to May 2013, a series of consultation activities were carried out with the APs, affected subvillages and villages, township/subdistrict government, and other project stakeholders. The opinions, concerns and suggestions of APs were integrated in this RP. Furthermore, a consultation and participation plan (C&P Plan) for resettlement implementation is developed and included in the RP.

10. A grievance redress procedure has been established for the APs to redress land acquisition and resettlement (LA&R) issues that includes the following channels: (i) village committees or township/subdistrict resettlement offices (ROs); (ii) RO of project component or sub-component’s construction headquarters; and (iii) resettlement department of IA or PMO; and (iv) legal action(s) in the people’s court. E. Institutional Arrangements 11. The Fuzhou Investment and Development Company (FIDC) is the Implementation Agency (IA) for the Project, while Project’s Executive Agency (EA) is Fuzhou Municipal Government. FIDC will assume overall responsibility on behalf of Fuzhou Municipal Government for the implementation of LA&R, including planning, implementation, financing, and reporting. Working closely with Fuzhou Municipality Land and Resources Bureau, Fuzhou Municipal Resettlement Office, as well as the Chonggang Township and Zhongling Subdistrict ROs, FIDC will also take the primary responsibility for consultation and participation, implementation, and timely delivery of entitlements. To ensure smooth implementation, the resettlement staff at various levels will be trained on resettlement implementation management, ADB and national polices, etc. F. Monitoring and Evaluation 12. Both internal and external monitoring and evaluation (M&E) are included in the RP. The FIDC will carry out internal monitoring and submit quarterly progress report to EA and ADB. FIDC will employ an independent agency to carry out external monitoring. The external monitor will


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submit its monitoring report to EA and ADB semi-annually. The external monitor will carry out a baseline survey at the beginning of RP implementation. G. Cost and Schedule 13. The total budget for LA&R of the project is about CNY 328.667 million, which include: (i) basic costs for compensations and allowances and subsides of CNY209.766 million (63.8%); (ii) other costs of CNY 76.948 million (23.4%); and (iii) contingency of CNY 41.953 million (12.8%). 14. The LA&R will start in Dec 2013 and will be completed by December 2016 (see Table E4).

Table E4: Resettlement Implementation Schedule

No. Resettlement Tasks Target Responsible Agency Timing Status

1. Disclosure 1.1 RIB distribution 1,492 copies IA (FIDC) Sept. 2012 Done 1.2 Drat RP distribution to

resettlement offices/villages/AP 50 copies IA Sept.2012 Done

2. DMS, RP Finalization &

Approval

2.1 DMS/Final Design All subvillages and APs

FIDC, ROs, FLRB

May 2012~ May 2013

Done

2.2 RP finalization based on DMS IA Oct 2013 Done 2.3 Review and approval final RP &

budget Leading group,

AD Nov 2013

2.4 Distribution of final RP among subvillages, villages, township, subdistrict and government agencies

50 copies IA Nov 2013

3. Capacity Building 3.1 Establishment of resettlement

offices Chonggang Township & Zhongling Subdistrict

FMG June 2012 Done

3.2 ROs’ and resettlement agencies’ capacity building

ROs, FDIC, FLRB

IA Oct 2013 on

3.3 Designate village representatives All affected subvillages and villages

IA Oct 2013 Done

4. Resettlement Implementation 4.1 Commence land acquisition

procedures IA, ROs and

FLRB Nov 2013

4.2 Agreements with subvillages and APs

All subvillages and APs

ROs and FLRB Dec- 2013-April 2014

4.3 Payment of compensation to APs FLRB Jan.~ May 2014

4.4 Completion of land acquisition All ROs and FLRB

March 2014

4.5 Preparation of relocation site for rural resettlement HHs

About 50% of relocation HHs

FMG, FIDC Nov 2013 ~ April 2014

Site reserved


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4.6 Relocation apartments construction

905 apartments

Contractor Nov. 2012 ~ Sept 2014

Started

4.7 Construction of own relocation houses


AHs, FIDC, FMG May ~Oct 2014

4.8 House demolition 446 HHs FIDC, ROs, subvillages, villages and AHs

Aug 2014~March 2015

4.9 Move into new houses/apartments 446 HHs AHs, local governments

July ~ Dec 2014

4.10 Implementation of rehabilitation measures

APs JEDZ, local governments and their line agencies

Jan 2014~Dec 2016

5. Monitoring and Evaluation 5.1 Contracting EM 1 firm IA Nov 2013 Processing 5.2 Baseline survey EM Nov-Dec

2013

5.3 Internal monitoring reports Included in the project’s QPRs 12 reports

IA Jan 2014~Dec 2016

1st report due in Jan 2014

5.4 Baseline survey report 1 report EM Jan 2014 5.5 External monitoring report 4~5 reports EM July

2014~Jan 2017

1st report due in July. 2014

5.6 Completion report 1 report IA Dec 2016 5.7 Post-project evaluation report 1 report EM Dec 2017 6 Civil Works 6.1 Waihuan road 3.06km FIDC, contractor Feb

2013~Dec 2015

Started in Feb 2013

6.2 Other 3 roads 7.77km FIDC, contractor April 2014~Dec 2015

6.3 Transport Hub FIDC, contractor July 2014~June 2016

6.4 Fenggang River 3.6km FIDC, contractor July 2014~Sept 2016

AHs= Affected Households; EM = External Monitor; FIDC = Fuzhou Investment Development Company Ltd; FLRB = Fuzhou Municipal Land and Resources Bureau; FMG = Fuzhou Municipal Government; IA = Implementing Agency; RO = Resettlement Office; FLRB = Fuzhou Municipal Land and Resource Bureau.


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1. INTRODUCTION

1.1 Background 1. Jiangxi Province is situated in southeastern People’s Republic of China (PRC) and south of the middle and lower reaches of the Yangtze River. To the southeast is Fujian Province, to the east is Zhejiang Province, to the south is Guangdong Province, to the west is Hunan Province, and to the north are Hubei and Anhui Provinces. The total area of Jiangxi Province is 166,900 km2, and the total population was 44.88 million in 2011. Jiangxi has 11 cities; Nanchang is the capital city.

2. Fuzhou Municipality is located in eastern Jiangxi Province. It is at a distance of 90 km from Nanchang Municipality. The total area of Fuzhou is 18,816.92 km2, the total population is about 3.94 million in 2011, it administrates 1 district and 10 counties. Population of Linchuan District (the seat of the municipal government) is nearly 1.1 million in 2011.

3. The project will be implemented to support Fuzhou railway station along the new Xiangpu Railway Line, the new Station will start its operation in October 2013. Xiangpu Railway will be a rapid railway line located in southeastern Jiangxi Province and northwestern Fujian Province. It starts from Nanchang in Jiangxi Province and ends Putian in Fujian Province, passing through Fuzhou and Sanming in Fujiang Province. There are 23 stations along the 640 km long railway line including 240 km in Jiangxi Province and 160 km in Fuzhou Municipality. As the southern gate of Fuzhou, the new area of the Fuzhou railway passenger station of the Xiangpu Railway will serve as an important functional district of the city. The area offers convenient access close to the Jing-Fu Highway and north of Anshi Avenue. Based on the Fuzhou Municipality Master Plan, the station area is defined to include a Fuzhou transportation hub and logistics center, a new residential district, and an important urban district in the future.

4. The Fuzhou urban infrastructure improvement project will be implemented by the local government. The project is an important construction project during the period of the 12th Five Year Plan in Jiangxi Province, and also an important construction project for the development of Fuzhou’s municipal infrastructure.

1.2 Project Description 1.2.1 Geographic Location

5. Three of the four project components (the station access road, the urban transport hub, and the Phase II improvement of Fenggang River) will be located in the new railway station area of Fuzhou which is in the south of the current central urban area Fuzhou. Error! Reference source not found. shows the distribution of the three project components. These three components will involve land acquisition and resettlement in Chonggang Township and Zhongling Subdistrict of JEDZ.4 For the BRT component, no land acquisition and resettlement will be involved.5

1.2.2 Project Components and Scales 6. The proposed project includes four components: (i) four station access roads consisting of new class II urban roads of about 11 km, (ii) the Phase 2 improvement of the Fenggang River, (iii) an urban transport hub, and (iv) bus rapid transit extending 12 km. Table 1.1 presents more details on these four components; while Figure 1 illustrates the distribution of these components.

4 Which is part of Linchuan District. 5 Since most of BRT works will be carried out within the current road spaces, the roadside shops will not be affected.


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Table 1.1: Project Components and Scale

Component Width (m)

Length (m)

Land Acquisition (mu) Main works

(i) Station Access Roads Component

10,711

1 Waihuan Road6 55 3,060 220.96, but only 42.2mu under this RP while 178.76 mu is covered

under the DDR in Appendix 9

Road works and support for sidewalk, planting, lighting, drainage, and culvert works

2 Zhanqian Avenue 70 75* 55

1,149 120

1,511 214.3

Road works and support for sidewalk, planting, lighting, drainage, and bridge works

3 Gandong Avenue 55 2,930 266.3

Road works and support for sidewalks, planting, lighting, drainage works

4 Jinchao Avenue 50 2,061 178.5 Road works and support for sidewalk, planting, lighting, and drainage woks

ii 5

Phase 2 Improvement of Fenggang River

varies 3,600 1,161.1

River improvement, landscape engineering construction, plantings, and lighting

iii Urban Transport Hub Component

6 Public Transportation Junction and Dispatching Building & Multifunction Station

205 219

78.8

Dispatching building, repair shop, gas station, parking space, duty room, and plantings. BRT greeting area, BRT stop area, BRT parking area, social vehicle sparking area, and plantings

iv Bus Rapid Transit (BRT)

12,000 Rapid bus lane construction, BRT platform construction and equipment installation, BRT vehicle equipment

Total 2,119.96 (total 1941.4

excluding 178.76 for Waihun Road

already constructed)

Note: *Turning Section Source: Final designs (2013)

6 Construction started in February 2013, 220.96mu had been acquired.


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Figure 1: Distribution of Project Components (Top: Distribution of components; Bottom: BRT within Fuzhou)


4

Figure 2: Sample Drawing of Final Design (Jinchao Road)

1.2.3 Project Implementation Schedule 7. The project implementation period is Feb 2013~December 2016: (i) Waihuan Road started construction in February 2013 and will be completed by December 2015; (ii) Gandong Avenue, Zhanqian Avenue and Jinchao Avenue will be implemented during April 2014 and December 2015; (iii) The Phase 2 Improvement of Fenggang River will be implemented during July 2014 and September 2016; and (iv) the urban transport hub and the BRT system are from July 2014 to June 2016.

8. To meet the urgent needs of the railway station that was scheduled to start its operation7 in Sept 2013, a 2,580m section, out of 3,061.3m, of the Waihuan Road (Road No. 1 in Figure 1) in front of the railway station started its construction in February 2013.8 1.3 This Resettlement Plan 9. This final Resettlement Plan (RP) addresses the land acquisition and resettlement aspects of the project’s components that have land acquisition and resettlement impacts.9 This RP has been prepared in accordance with the ADB's Safeguard Policy Statement (2009) and the laws and regulations of PRC and Jiangxi Province relating to involuntary land acquisition and resettlement.

7 It started its operation as scheduled. 8 This section of 2,580m is to be financed purely by government fund and is not included in this RP. However, a DDR

has been prepared and included as Appendix 9in this RP to demonstrate that for this section the same entitlements are implemented as prescribed in the RP.

9 Excluding the 2,580m, out of 3,061.33m, of the Waihuan Road.


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10. The preparation of this RP was based on: (i) the final design which was completed in July 2013; (ii) detailed measurement survey results which was conducted during the final design period in July 2012~May 2013; (iii) consultations with local governments, village leaders and AP; (vi) socio-economic surveys of affected villages and HHs in 2011; and (v) meetings with some representatives from affected villages to discuss and determine preferred compensation and income restoration strategies in 2011 and again during DMS in 2012~2013.

11. The purpose of the RP is to present a resettlement and rehabilitation action plan for the project affected persons (APs) so as to ensure that the APs will benefit from the proposed project and improve their standard of living or at least rehabilitate their standard of living after the completion of the project.


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2. RESETTLEMENT IMPACT

2.1 Impact Area 12. The three project components: (i) station access roads, (ii) Phase 2 of the Fenggang River Improvement component, (iii) an urban transport hub will result in land acquisition and resettlement (LA&R) impacts; while the fourth component a bus rapid transit (BRT) system will be constructed on existing roads with no LA&R impact. Land acquisition and resettlement (LA&R) will affect areas in Chonggang Township and Zhongling Subdistrict under JEDZ. According to an impact survey conducted by the project sponsor based on detailed project designs, the three components would acquire a total of 1,941.4 mu of land, which will directly affect 1,347 HHs with 4,955 persons from 6 villages. Among them, 446 HHs with 1,628 persons will be physically relocated along with demolition of 155,642.5 m2 of housing.

2.2 Measures to Minimize LA&R Impacts 13. In order to minimize land acquisition and resettlement, the scope of project was changed from the original August 2008 project scope (before ADB’s participation) to a new draft scope in early 2011. For example, the long-distance bus terminal and logistics center were removed from the original project components. Also, the width of Gandong Road, Waihuan Road, and part of Zhanqian Road was reduced from the original width of 70 m for the entire length to 55 m. As a result, it leads to reduction of land acquisition by 10.48 ha or 157 mu. For other elements of the project, engineering measures have been adopted in order to minimize demolition and resettlement. For example, the alignment of the southern extension of Jinchao Avenue and Zhanqian Road is curved to the west so that the relocation of at least 10 HHs can be avoided in Gongjia Group of Zhujia village. For the Phase 2 Fenggang River Improvement component, the width of the Fenggang River was reduced from Phase 1 in order to reduce land acquisition and resettlement in Lingbeihuangjia Village. Through such design efforts, the number of relocated HHs was reduced by 54% from 653 in the original project design to 299 in the final project design.

Table 2.1: Alternatives of Road Schemes Road Component Alternative 1 Alternative 2 Reduced Amount

Width（m） Length（m） Width（m） Length（m） 1. Waihuan Road 70 3,061 55 3,061 15m*3,061m=45,915m2

2. Zhanqian Ave 70 2,660 55 1,511

15m*1,149m=17,235m2 70 669

3. Gandong Ave 70 2,930 55 2,930 15m*2,930m=31,350m2

4. Jincao Raod 55 2,061 50 2,061 5m*2,061m=10,350m2

Total 104,835m2 Note: Listed only some of the major changes made. 2.3 LA&R Impacts 14. Detailed measurement surveys (DMS) were carried out along with the project designs from May 2012 to May 2013. The survey teams consist of officials from municipal, district, township/subdistrict governments, staff of FIDC, village leaders and specialists from design institutes. The LA&R impacts presented in the following sub-sections are the DMS results.


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2.3.1 Permanent Land Acquisition 15. Permanent acquisition of farmland will affect four villages in Chonggang Township and two villages in Zhongling Subdistrict. Permanent land acquisition impacts by project components and by affected villages are presented in Table 2.1 and Table 2.2, while details among the project components and affected subvillages are presented in Appendix 1. Overall, the project will permanently acquire a total of 1,941.4 mu of land including 1,345.8 mu (69.3%) paddy land, 85.4 mu (4.4%) dry land, 284.2 mu (14.6%) mountain slope land, 94.6 mu (4.9%) vegetable gardens, 82.4 mu (4.2%) ponds, 46.8 mu (2.4%) house plots, and 2.2 mu (0.1%) of irrigation canals. All of the land is collectively owned, while the subvillage (or villagers’ group) is the basic unit of collective.

Table 2.2: Permanent Land Acquisition by Project Component

Project component

Permanent Land Acquisition (mu) Paddy land

Dry land

Slope land

Vegetable garden

Water pond

House plot

Irri. Canal Total

1 Waihuan

Rd (481.33m)

22.98 0.58 - - 18.86 - - 42.42

2 Zhanqian Rd 83.8 49.7 66.9 0 3.7 10.2 - 214.3

3 Gangdong Rd 110.6 10.3 128.1 1.2 10.6 5.5 - 266.3

4 Jingchao Rd 107.1 20.7 37.9 2.4 7.7 2.7 - 178.5

5 Fenggang River 960.9 3 48.7 82.6 37.5 28.4 1,161.1

6 Transport Hub 60.4 1.2 2.5 8.4 4.1 - 2.2 78.8

Total Area 1,345.8 85.4 284.2 94.6 82.4 46.8 2.2 1,941.4

% 69.3% 4.4% 14.6% 4.9% 4.2% 2.4% 0.1% 100.0% Source: DMS 2013

Table 2.3: Permanent Land Acquisition among Affected Villages

Township/ Subdistrict Village

Permanent Land Acquisition (mu)

Paddy land

Dry land

Slope land

Vege- table

garden Water pond

House plot Irri. Canal Total

Chonggang Township

Zhujia 742.1 82.8 242.3 23.0 43.2 32.9 2.2 1,168.5 Xianxi 182.6 4.2 11.2 13.9 211.9

Fenggang 320.5 40.1 9.4 370.1 Fengling 18.5 0.6 12.9 32.0

Zhongling Subdistrict

Shangzhang 28.5 0 0 11.7 1.2 41.4 Bailing 53.6 2 1.71 55.7 4.5 117.6

Total 1,345.8 85.4 284.2 94.6 82.4 46.8 2.2 1,941.4 % 69.3% 4.4% 14.6% 4.9% 4.2% 2.4% 0.1% 100.0%

Source: DMS 2013

2.3.2 Temporary Land Occupation 16. Temporary land occupation refers to land used temporarily during construction, including quarries, construction sites, storehouses, temporary living quarters, and temporary roads. Since the land within the project area is sufficient for stacking construction materials or building temporary houses for workers, the temporary use of land for the project during construction is not


8

anticipated. In case any temporary land occupation is involved, appropriate compensation will be provided which will cover the loss of yield and cost of restoring land into original conditions. Such occupation will not be for more than 2 years.

2.3.3 Affected Houses and Attachments 17. Along with land acquisition, a total of 155,642 m2 of housing structures will be removed (Table 2.4), which include 70,853.4 m2 or 45.5% of brick-concrete structures, 72,133.3 m2 or 46.3% of brick-wood structures, and 12,655.8 m2 or 8.1% of simple structures. Along with housing demolition, a range of attachments will also be affected (Table 2.5). There are no peoples renting land or houses. Details of affected houses and attachments by project components and among affected subvillages are given in Appendix 2.

Table 2.4: Affected Houses Township Village Affected House Area (m2)

Brick-concrete Brick-Wood Simple Total Chonggang Township

Zhujia 66,293.7 59,270.7 9,251.1 134,815.5 Xianxi 4,559.7 12,862.5 3,404.8 20,827.0

Total 70,853.4 72,133.3 12,655.8 155,642.5 % 45.5% 46.3% 8.1% 100.0%

Source: DMS (2013)

Table 2.5: Affected Attachments

Village A B C D E F G H I J K Zhujia 702.1 5,928.8 131.0 6,315.3 1,079 142 17 70 16 41 51 Xianxi 653.2 3,492.6 194.0 2,643.6 481 32 86 45 Total 1,355.4 9,421.4 317.0 8,958.9 1,560 174 17 156 16 41 96

Note: A: Animal pen (m2); B: House Foundation (m2); C: Well (hand pump well) (No.); D: Cement ground (m2); E: Enclosure well(m); F: TV receiver-satellite bowl (No.); G: Set phone (No.); H: Electricity meter (No.); I: Water tank (No.); J: Broadband (HH); K: Biogas digester (No.) Source: DMS.

2.3.4 Affected Households and People (1) Permanent Land Acquisition 18. The permanent acquisition will affect 27 subvillages (or villagers’ groups) of 6 villages. Since the land is collectively owned, 10 all households (HHs) and people in the affected subvillages will be consequently affected by land acquisition. In summary, as shown in Table 2.6, the permanent land acquisition will directly affect a total of 1,347 HHs with 4,955 APs. Details of affected HHs and people in each subvillage are presented in Appendix 3.

19. Since all HHs and people will be affected by permanent land acquisition, the results in Table 2.5 also represent the total people and HHs affected by LA&R of the project.

Table 2.6: Land Acquisition Affected Households and People

Village Total HHs* (HH)

Affected HHs Total People* (persons)

Affected People Qty % Qty %

Zhujia 480 480 100% 1,920 1,920 100% Xianxi 216 216 100% 632 632 100%

Fenggang 239 239 100% 922 922 100% Fengling 115 115 100% 399 399 100%

10 Subvillage is the basic unit of collective ownership of land.


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Village Total HHs* (HH)

Affected HHs Total People* (persons)

Affected People Qty % Qty %

Shangzhang 141 141 100% 499 499 100% Bailing 156 156 100% 583 583 100% Total 1,347 1,347 100% 4,955 4,955 100%

Note: *Total HHs and people in the affected subvillages. Source: DMS. (2) House Demolition 20. Table 2.7 presents the affected households and people by house demolition in the 2 villages to be affected. A total of 446 rural HHs with1,628 persons from 10 subvillage of the 2 villages will be affected by house demolition, and all these affected HHs will need to be relocated.11 The details for affected subvillages are given in Appendix 3.

Table 2.7: House Demolition Affected Households and People

Village Total HHs in affected subvillages

Affected HHs Total Population

Affected People

Qty % Qty %

Zhujia 313 313 100.0% 1,180 1,180 100.0% Xianxi 133 133 100.0% 448 448 100.0% Total 446 446 100.0% 1,628 1,628 100.0%

Source: DMS. (3) Affected Enterprise 21. The project will not affect any enterprise.

2.3.5 Vulnerable Groups

22. Vulnerable groups (VGs) include the rural poor with the per capita income of less CNY 130/month, and handicapped families, widows and orphans, persons above 60 years old, and minorities. There is only one ethnic monitory person in the project affected villages, a Bai ethnic minority woman who settled in the area through marriage.

23. Overall 205 persons in 104 HHs are identified as vulnerable, accounting for 4.1% of the total APs. During RP implementation, especially during relocation, the vulnerable groups affected will be further assessed by individual conditions such as family structure, employment, and family resources, as well as the information obtained by the civil administration department. Once the affected HHs can be identified as vulnerable groups, the project implementing agency and other relevant government authorities will also provide them with special assistances during RP implementation.

2.4 Impact Assessment 2.4.1 Land Acquisition

24. For the construction of the project, a total of 1,941.4 mu of land will be permanently acquired. Of this total, 1,809.9 mu or 93.2% is farmland, which will directly affect a total of 1,347 HHs with 4,955 persons from 27 subvillages in 6 villages. In the 6 affected villages, there are a total of 3,985 HHs with 16,151 persons and with collective ownership for 11,482 mu of farmland. The acquisition of 1,809,9 mu accounts for 15.8% of the total farmland holdings,12 averaging at

11 Given that the affected area is to be fully urbanized in the near future, the remaining land will also be acquired;

consequently, the remaining households will also be relocated. 12 Urbanization is undergoing rapidly and more farmland will be acquired sooner or later.


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0.11 mu per capita, ranging from 0.43 mu per capita in Zhujia village to only 0.01 mu per capita in Fengling Village. See Table 2.8 for details. While Appendix 4 gives details for each affected subvillage.

Table 2.8: Farmland Acquisition Impacts for Affected Villages

Village Total HHs

Total Population

Total Farmland

(mu)

Farmland Loss (mu)

Per Capita Loss

Per capita farmland (mu)

Area (mu) % Before

acquisition After

acquisition Zhujia 527 2,548 3,684 1,090.2 0.43 29.6% 1.45 1.02 Xianxi 900 4,100 2,941 186.8 0.05 6.4% 0.72 0.67

Fenggang 536 2,134 1,161 360.6 0.17 31.1% 0.54 0.38 Fengling 857 3,552 3,450 19.1 0.01 0.6% 0.97 0.97

Shangzhang* 587 1,945 69 40.2 0.02 58.3% 0.04 0.01 Bailing* 578 1,872 177 113.0 0.06 63.8% 0.09 0.03

Total 3,985 16,151 11,482 1,809.9 0.11 15.8% 0.71 0.60 Note: *They are urbanized and are now named as urban villages/communities. (1) Impact on Shangzhang and Bailing Villages 25. The farmland acquisition will have minor impact on these two villages (the last two in Table 2.8) in the Zhongling Subdistrict, as both were urbanized and are now fully dependent on non-farm employment. Lands in the two villages were mostly being acquired by the government before the project. As shown in the table above, the per capita farmland area in the two villages is less than 0.1mu before the project. In fact, they are known as urban villages in the subdistrict. The two subvillages affected in Bailing will lose 60.9% of its farmland; while it is 51.5% for the two subvillages in Shangzhang, details are given in Appendix 4.

(2) Impact on Fengling Village 26. The farmland acquisition impact on Fengling Village is also minor. Overall the village will lose 0.6% of its farmland, while the two affected subvillages will lose 7.9% and 4.8% of their farmlands respectively (see Appendix 4 for details).

(3) Impact on Xianxi Village 27. Xianxi Village as a whole will lose only 6.4% of its farmland, but the 6 subvillages (out of a total of 16) affected will lose 30.7% of their farmland, ranging from 11.9% to 55.6% (see details in Appendix 4). Therefore, the project will have significant impact on all the 6 subvillages affected (i.e., losing over 20% of the farmland).13 However, none is eligible for the endowment insurance program14 designated for land loss farmers as the per capita farmland area is still over 0.3mu.

(4) Impact on Fenggang Village 28. Fenggang Village as a whole will lose 31.1% of its farmland, and the 5 subvillages (out of a total of 12) affected will lose 35.3% of their farmland ranging from 5.1% to 92.8% (see details in Appendix 4). The village’s land had been mostly acquired by the government for Fneggang River Improvement (Phase I) and other development activities before this project. The project will have significant impact on 3 of the 5 affected subvillages. The subvillage No.12, with 206 persons of 52 HHs, is eligible for the endowment insurance program designated for land loss farmers as the per capita farmland area is only 0.09 mu after 92.8% of its farmland is being acquired.

13 Considering that income for most of the affected HHs is no longer dependent on farming, losing over 20% of

farmland is defined as significantly affected in this RP. 14 Eligible if the per capita farmland area is equivalent to or below 0.3 mu after land acquisition.


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(5) Impact on Zhujia Village 29. Zhujia Village will contribute 60.2% of the project’s total land acquisition. The village as a whole will lose 29.6% of its farmland, and the affected 10 subvillages will lose 43.9% of their farmland, ranging from 7.2% to almost 100.0% (see details in Appendix 4). The project will have significant impact on 6 of the 10 affected subvillages. Subvillages No. 3 (166 persons of 54 HHs) and No. 4 (405 persons of 101 HHs), are eligible for the endowment insurance program designated for land loss farmers.

(6) Severely Affected HHs 30. In this RP, rural subvillages losing over 20% of their farmland are categorized as severely affected, given that farming is no longer the major source of rural income (see Table 3.4). The impacts on the urban subvillages, as analyzed above, are very minor or even ignorable as they are basically urbanized.

31. As a result, as presented in Appendix 4, 15 subvillages from 3 villages will be severely affected. These 15 subvillages have 592 HHs with 2,185 persons:

(i) Two subvillages, the No.3 subvillage with 166 persons and 52 HHs in Zhujia Village and the No. 12 subvillage with 206 persons and 52 HHs in Fenggang village, will lose almost all of their farmland. Adult APs (16-55 for women and 16-60 for men) are eligible for endowment insurance program; while elders are eligible for the governments’ Elders Living Allowance Program (CNY 160 per person per month).

(ii) One subvillage, the No.4 with 405 persons and 101 HHs in Zhujia Village, will lose 81.7% of its farmland; the remaining per capita farmland area will be reduced to 0.24mu only, less than the threshold of 0.3mu for applying endowment insurance of land loss farmers, as well as for the Elders Living Allowance.

(iii) The remaining 12 subvillages with 1,647 APs and 548 HHs will lose 22.3~60.0% of their farmlands, but the remaining per capita farmland area will be more than 0.3mu after land acquisition.

32. Totally about 465 APs (60% of the 777 APs in the 3 subvillages) are eligible for endowment insurance and 155 APs (20%) eligible for old-age living allowance. The endowment insurance and old-age living allowance are further described in Sections 4 and 5.

(7) Income Loss 33. Overall, income loss for affected HHs will be insignificant as only 8.0% of overall income was from agriculture in 2010 (see Table 3.4). Consultation of APs during DMS suggested that their income from agriculture is constantly decreasing since then. In a fact, unused farmlands are visible here and there in the affected villages. For instance, one of the relocation sites next to the Fuzhou Railway Station, although villagers have free access to it, has been unused for over 4 years. However, about 10% of the affected HHs are mostly dependent on agricultural production in 4 villages (they are Zhujia, Xianxi, Fenggang and Fengling villages) and the income loss impacts on these HHs could be significant if there are no alternative income sources after land acquisition.

(8) Severely affected HHs 34. Considering that income for most of the affected HHs is no longer dependent on farming, subvillages and their member HHs losing more than 20% and of their farmland in the case of the four rural villages. Totally 543 HHs with 1,975 persons from 15 subvillages of 3 villages fall in this category, details are given in Appendix 4.


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2.4.2 House Demolition 35. House demolition will result in the complete relocation of 10 subvillages in Xianxi and Zhujia villages (listed in Appendix 3). Totally 446 HHs, with 1,628 persons will be relocated.

36. The affected houses amount to 155,642.5 m2, and the per HH affected area of concrete and brick-concrete houses averages at a high level of 320 m2.

2.4.3 Other Impacts 37. Overall, the construction of the project will impact part of the original production system in the affected area and there will be a number of impacts for local production and livelihood. After land loss, most will have to adapt to the new environment by working on non-farm activities. The resettlement planning has fully considered the impacts of land acquisition on the local production system and livelihood. Project designs had been constantly optimized and various measures are taken to reduce the land acquisition impacts on local production and livelihood. According to the socioeconomic survey of affected people, the project will have certain negative impacts on the agricultural production and income generations for AP. However, since the majority of the local people’s incomes of come from various non-farm sectors, such impacts are likely to be localized in nature and restorable and controllable. As shown in Table 3.4, 92% income of the APs comes from employment in non-farm sectors locally and in other cities. The land acquisition under the project will not impact their non-farm income sources. The project will facilitate establishment of industrial enterprises in JEDZ that will provide the APs with more option to get employed locally.

38. Furthermore, the project construction will provide an opportunity for the APs to re-establish their new production and livelihood pattern. Once the rehabilitation work is completed, socioeconomic development will be further progressed, improving the local people’s livelihood. So long as the compensation and rehabilitation in this RP are soundly implemented, the impacts will be minimized. Affected HHs and people are anticipated to quickly regain or exceed their original economic and livelihood levels.


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3. SOCIOECONOMIC PROFILES

3.1 Fuzhou Municipality 39. Fuzhou Municipality is located in the east of Jiangxi Province at upper-middle reaches of the Fu River. It stretches 222 km from north to south and 169 km from east to west, covering an area of 18,817 km2, that accounts for 11.27% of the total area in Jiangxi province. In total, it governs 10 counties, one district and one economic development zone,15 with a total population of 3.94 million by 2011. The district of Linchuan is the locale of the Fuzhou Municipal Government and Jinchao Economic Development Zone (JEDZ) that has a population of 0.1 million in 2011.

40. In 2011, the GDP of Fuzhou Municipality amounted to CNY 74.25 billion, and the ratio of agriculture, industrial, and service sectors was 18.4%, 53.3%, and 28.3% respectively. Fuzhou is known as the major grain production base in Jiangxi Province. It produces more than 2.5 billion tons of grain every year and supports more than 1 billion tons of commodity grains for the country.

41. The per capita disposable income of urban residents in Fuzhou reached CNY 16,633 in 2011, a significant increase of 15.1% over the previous year, but it is lower than the provincial CNY 17,494 and much lower than the national averages of CNY 21,809. For rural residents in Fuzhou, the per capita income in 2011 was CNY 7,050, an increase of 20.6%; slightly higher than the provincial and national averages of CNY 6,892 and CNY 6,977 respectively.

42. Overall, Fuzhou has a strong and rich culture. The economic development of the area is progressing well and the employment needs are relatively stable, but its urban infrastructures are far behind development needs. Therefore, the project implementation will have a key role to play in promoting urban and economic development.

3.2 Linchuan District 43. The urban center of Fuzhou Municipality is Linchuan District. Linchuan District is located in middle reaches of Fu River, east of Jiangxi province. Linchuan is Fuzhou’s political, economic, culture, technology and science center. The total area of Linchuan is 2,121 km2 with an urban area of 25 km2. The JEDZ in Linchuan administrates one Township (Chonggang) and two subdistricts (Zhongling and Chengxi Subdistrict) covering an area of 158.6 km2, a population of about 100,000 and a planned development area of 40 km2.

44. JEDZ as part of Linchuan District is located in the new urban area of Linchuan District, which was authorized by national government in 2005. JEDZ has easy access to two existing expressways (Hurui and Fuyin expressways) and two expressways under construction (Jiguang and Fuji expressways). JEDZ forms part of a leading industrial sector with electric mechanics/car parts, medicine, new energy resources, and textile industries. It provides strong capacity, high quality and cheap labor forces; it provides good opportunities for urban expansion and for enhancing the living environment of urban and rural residents.

45. A series of important current and future urban infrastructure development programs will help Fuzhou with improved traffic conditions and enhanced quality of natural and built environment. The development programs will inevitably impact local residents. The project’s land acquisition and resettlement will affect six villages in Chonggang Township and Zhongling Subdistrict of the JEDZ.

3.2.1 Affected Township and Subdistrict 46. Chonggang Township is located in the central part of the Linchuan District, around 10 km from the current urban center to the north. The total land area of Chonggang Township is 83.6

15 It is part of Linchuan District.


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km2 covering 12 villages, 1 farm, and 1 urban committee. There are 7,947 HHs and 27,467 persons in Chonggang Township, including 7,147 and 800 agricultural and non-agricultural HHs respectively. There are about 300 or 4.2% of poor rural households (with per capita income below CNY130 per month, totally 700 persons). Migrant workers account for more than one-third of the total workforce largely based in Gongdong Province. The per capita net income of rural people was CNY 7,350 in 2011.

47. Chonggang Township has one middle school with approximately 1,000 students, most residing in in Chonggang Township itself. There is one central elementary school in Fenggang Village – the seat of Chonggang Town. There are 1,000 to 2,000 elementary school students. Each village has an elementary school, usually with grades one to three, with some schools including grades up to five. All grade six students study in the central elementary school located in the Township center. There is one hospital and one nursing home in the town. The construction of the Project will directly affect four villages in the township including Zhujia, Xianxi, Fenggang, and Fengling.

48. Zhongling Subdistrict is located in the southern part of Linquan District. It has a total land area of 57 km2 including 10,000 mu of cultivated land and 12,600 mu of woodland. Zhongling Subdistrict consists of five villages, three rural communities, and two urban committees. There are 9,092 HHs and 28,186 persons in Zhongling, including an agricultural population of 20,47316 from 5 villages and 3 rural communities, and a non-agricultural population of 7,713, mainly from the 2 urban committees. In 2012, the total gross domestic product in Zhongling Subdistrict was CNY 500 million. Per capita rural net income was CNY 8,000 in 2011, an increase of 13% from the previous year. Land acquisition and resettlement of the project will affect two villages in the subdistrict, and these are Shangzhang and Bailing Villages.

49. Table 3.1 provides a summary of key statistics for Chonggang and Zhongling.

Table 3.1: Key Statistics of Affected Township and Subdistrict (2011) Subdistrict Chonggang Zhongling

A. Basic Condition 1. Number of Villages 13 10

Number of Villages with electricity 13 (100%) 10 (100%) Number of Villages with telephone 13 (100%) 10 (100%) Number of Villages with cable TV 10 (76.9%) 10 (100%) Number of Villages with road access 13 (100%) 10 (100%)

2. Number of Household 7,947 9,092 Non-agricultural Household 800 3,106 Agricultural Household 7,147 5,986 3. Population 27,467 28,186 Non-agricultural Population 1,204 7,713 Agricultural Population 26,263 20,473 4.Total Labors 13,582 20,000 B. Land Resource 1. Paddy (mu) 27,946.3 2. Dry land (mu) 87.07 3. Slope land (mu) 75,000 C. Per Capita Rural Income (CNY) 7,350 8,000 D. Enterprises 1. Number of Enterprises 22 35 2. Number of Industrial Enterprises 22 28

16 The reason for a high agriculture population is that people are still registered with a rural ID though many of these

are no more engaged in agriculture.


15

Subdistrict Chonggang Zhongling 3. Employees of Enterprises 1,752 4,689 4. Employees of Industrial Enterprises 1,315 4,223

3.2.2 Affected Villages

50. The project will affect 6 villages, including the Zhujia, Xianxi, Fenggang, and Fengling villages in Chonggang Township, and Shangzhang and Bailing villages in Zhongling Subdistrict. Table 3.2 presents the general socioeconomic data of the 6 villages.

Table 3.2: Socioeconomic Profiles for Affected Villages (2010) Zhujia Xianxi Fenggang Fengling Bailing Shangzhang Total

1. Basic Data 1.1 Household (HH) 659 900 857 536 578 587 4,117 1.2 Population 3,004 4,100 3,552 2,134 1,872 2,179 16,841 1.3 Labor (No.) 982 1,856 1,599 1,319 900 1,103 7,759 2. Land Resource

2.1 Paddy & Vegetable land (mu) 3,182 2,941 3,450 23 177 66 9,839 2.2 Orchard (mu) 267 40 10 3 320 2.3 Others (mu) 358 20 378 2.4 Per Capita (mu) 1.45 0.7173 0.9713 0.54 0.09 0.03

3. Income per capita 5,000 6,000 6,000 6,680 5,000 6,680 Source: Socioeconomic survey during PPTA.

3.2.3 Affected Households 51. In order to have a better understanding of the social economic status of the AP, their attitudes towards compensation and rehabilitation and their attitudes towards the proposed project, a social economic survey was carried out among the affected HHs during 2011~2012. The survey included a questionnaire survey of sample HHs. A total of 276 questionnaires from the six affected villages were collected.17 There are 21 rural poverty HHs, accounting for 7.6% of total sample HHs. Among total sample HHs, 81 HHs are affected by both land acquisition and resettlement, 6 HHs affected only by house demolition (almost no land available in the cases of Shangzhang and Bailing villages), and 189 HHs affected only by land acquisition. The average family size is 4.8 persons per household. The detailed information is presented in the following tables.

Table 3.3: Distribution of Sample Households Village Affected HH Sample HH Percent Zhujia 480 98 20.4% Xianxi 216 66 30.6%

Fenggang 239 32 13.4% Fengling 115 20 17.4%

Shangzhang 141 32 22.7% Bailing 156 28 17.9% Total 1,347 276 20.5%

Source: Socioeconomic survey during PPTA.

17 Due to difficulties of obtain adequate number of sample households, social economic survey was conducted in two

phases, with first phase collecting 115 sample households in July 2011and second phase in April 2012 for another 161 sample households. During the survey periods, many migrant households can’t be targeted.


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52. Among the interviewees 58% are males and 42% are females. The age distribution included; 36 persons between 20 and 30 years old; 45 persons between 30 and 40 years old, 55 persons between 40 and 50 years old, 63 persons between 51 and 60 years and 77 persons over 60 years old.

53. The interviewees education background consisted of 17% who are illiterate, 46% with only elementary school education, 28% with middle school education, 8% had high school education and only 1% had college or further education. In terms of employment structure, 45% rely on farming,18 22% from industry, construction and transport, 9% from retail and services and 17% from housework or other. For employment, 72% are working from within the same township with 91% from the same village,19 10% elsewhere in the same county or district, 5% elsewhere in the same province, and 13% from working outside of the province.

54. On the issue of income level, the survey showed that the total income for all 276 HHs was CNY 3.16 million, averaging CNY 31,724 per household or CNY 6,609 per capita in 2010. Among total income: (i) 8.0% came from agricultural activities with planting accounting for 80%; (ii) 31.6% o from regular wage income as contracted labourers (long term migrants; (iii) 40.3% from short term migrant laborers or part time activities; and (iv) off-farm activities accounted for 12.2% of the total income. The structure of income sources reflects the current status of local economy.

55. The project is situated within the JEDZ (referred to as Jinchao), which is home to many industrial factories that can provide job opportunities for the APs. In the case of the affected urban village of Bailing, for instance, there were only 60 persons working in such factories before 2008,20 and there were over 600 persons working in different factories in 2012. In general, the factories in JEDZ offer many employment opportunities in shoe making, clothing, and manufacturing activities.

56. Consequently, APs’ income is mainly from non-farm employment. Overall, due to low profit and limited land holdings, agriculture only contributed a limited share of APs’ income (8%) (Table 3.4).21 For many local farmers, their farms are starting to be seen in some cases as a losing business, and a large number of farmers are no longer farming with some of their farmland becoming redundant and left unfarmed. Those continuing with farming activities tend be those aged over 50 years old and those having difficulties finding alternative jobs. It should also be noted that even these farmers can also be involved in part time off-farm labour work as well. So the land acquisition has less impact on APs incomes.

57. The details of household income and expense are summarized in Table 3.4 and Table 3.5 respectively.

Table 3.4: Income Sources of Sample HHs (2010) Item Total income

(CNY/Year) HH income (CNY/HH) %

Wage (contracted laborers) 2,763,533 10,013 31.6% Short term migrants) 3,531,889 12,797 40.3% Farm 650,477 2,357 7.4% Forest 10,626 39 0.1% Animal 33,286 121 0.4% Fishery 5,741 21 0.1%

18 Surveyees are those available in their villages, therefore a high portion of them are engaged in farming. 19 Again, surveyees are those available in the villages. 20 It was a rural village before 2008 when land was not acquired by the government. 21 The annual net profit from farmland is about CNY600 per mu, given that the average per capita farmland holding is

about 1.0 mu, the per capita income from farming is CNY 600, or about 7.5% of the total income of CNY 8,000 in 2012.


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Item Total income (CNY/Year)

HH income (CNY/HH) %

Other Sidelines 16,670 60 0.2% Off-farms 1,064,339 3,856 12.2% Government Assistance (Pension, allowance, etc.) 99,581 361 1.1%

Other Incomes 579,766 2,101 6.6% Total 8,755,907 31,724 100.0% Source: Socioeconomic survey during PPTA.

Table 3.5: Expenses of Sample Households Surveyed (2010) Item Total Expense

(CNY/Year) HH Expense

(CNY/Year/HH) %

Food 3,725,338 13497.6 43.8% Water and Sewage Treatment 34,859 126.3 0.4% Energy (Electricity, Gas, Coal, Charcoal, etc.) 373,097 1,351.8 4.4%

House 5,603 20.3 0.1% Clothes 479,246 1,736.4 5.6% Transportation 133,032 482.0 1.6% Communication 322,478 1,168.4 3.8% Education 527,270 1,910.4 6.7% Health-care 1,075,103 3,895.3 12.6% Farm Input 255,383 925.3 3.0% Debt (Interest) 635,021 2,300.8 7.5% Makeup, Haircut, Bath, Film, etc.) 84,511 306.2 1.0% Gifts (Birthday, Wedding, etc.) 546,094 1,978.6 6.4% Others 310,721 1,125.8 3.1% Total 8,507,755 30,825.2 100.0% Source: Socioeconomic survey during PPTA. 58. As shown in Table 3.5, food expense was the largest element of total household expenditure, accounting for 43.8%, followed by healthcare and debt accounting for 12.6% and 7.5% respectively. It should be noted that the farm input was only 4.94% of total expenses in 2010, indicating many villagers only have limited involvement in farming activities.

59. Table 3.6 indicates the quantity and mix of household assets. For durable goods: (i) each household has 1.21 sets of televisions; (ii) 40% of families have a DVD player; (iii) 57% families own refrigerators; (iv) 18% of families have washing machines;(v) 3% of families have microwaves; (vi) 13% of families have a water heater; (vii) 11% of families have an air conditioner; (viii) each HHs has almost two electric fans; (ix)14% of families have telephones; and (x) each household has about 2 cell phones. For transportation, 72% families own at least 1 motor bike.

Table 3.6: Household Assets Item Quantity No. per HH

Television Set 334 1.21 Stereo/VCD/DVD 110 0.40 Refrigerator/Ice Cube 158 0.57 Washer 50 0.18 Microwave Oven 9 0.03 Water Heater 36 0.13 Electric Fan 537 1.95


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Item Quantity No. per HH Air-condition 31 0.11 Water Dispenser 34 0.12 Telephone 40 0.14 Computer 42 0.15 Piano 0 0 Car 10 0.04 Motor Bicycle 198 0.72 Truck 2 0.01 Tractor 1 0.004 Farm Machinery 17 0.06 Others 71 0.26 Source: Socioeconomic survey during PPTA. 60. In terms of housing quality, as indicated in Table 3.7, 13% are wood structures, 50% are brick wood structures, 28% are brick concrete structures and 10% built from a frame structure. In terms of ages of buildings, 36% of houses built before 1990; 23% of houses built during 1990s, and 41% of houses built since 2000. The average housing area of 256.4m2 per household, although lower than the project’s demolition impact of 320m2 per HH. .

Table 3.7: Housing Conditions of Sampled Households Housing Structure

Total (m2)

Room

(No.)

House Plot (m2)

Wood Brick-wood Brick-concrete Frame Other

HHs

Area (m2)

HHs

Area (m2) HHs Area

(m2) HHs

Area (m2)

HHs

Area

(m2) Tota

l 22 1,76

7 71 12,311.

2 53 19,80

6 23 9,10

6 1 90 43,592.

2 1,529 18,156.

0 Per HH 80.3 173.4 373.7 395.

9 90.0 256.4 9.0 106.8

Source: Socioeconomic survey during PPTA. 61. In terms of land holding, as shown in Table 3.8, there is 527.3 mu of farmland for 101 HHs, averaging at 5.22 mu for household. In addition, 18% of HHs have 26.3 mu of dryland, averaging 1.25 mu per household; 57% of HHs have 74 mu of vegetable land, averaging 1.12 mu per household; 25 HHs have 46 mu of orchard, averaging 1.8 mu per household; 5 household have 9.5 mu of woodland, averaging 1.9 mu per household.

Table 3.8: Land Holdings of Sampled Households

Paddy Land

Dry Land

Vegetable Garden Orchard Woodland

Intensive Cultivated

Pound Pound Total

Total land area (mu) 527.3 26.3 74 46 9.5 20 13.3 717.4

Per HH (mu) 5.22 1.25 1.12 1.84 1.90 13.3 6.24

No. HH 101 21 66 25 5 n.a. 1 115 Source: Socioeconomic survey during PPTA.

3.3 Analysis of Affected Women in Project Areas 62. During household survey, among 276 surveyed people, 117 are females which account for 42.4% of total. The age structure of the surveyed women includes 17 persons below 30 years old or 14.5%; 18 persons between 31-40 years old; 27 persons between 41-50 years old; 20 persons between 51-60 years old; 12 persons between 61-70 years old; and 23 persons above


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70 years old. In terms of marriage status, 6 are single, accounting 5.1%; 98 are married accounting for 83.8%; and 13 are unmarried and divorcees accounting for 11.1%.

63. Among sample HHs, females contributed to 33.1% of family income. Among CNY31,724 average family income, females contributed CNY10,493 per year. In terms of employment structure, 35.9% of females are doing housework, 33.3% are doing farming, the remaining ones are engaged in retail (6.8%), service (6.0%), construction (4.3%), industry (2.6%), and others (11.1%).

64. The males and females working on farming are 68.3% and 31.7% respectively; and males and females working on sidelines accounting for 73.8% and 26.1% respectively. Based on such understanding, females play more roles in doing household chores and farming activities. Once farmland is acquired, further expansion should be made for females on secondary and tertiary sectors, such as service, retail and other more appropriate areas.

3.4 Desires of APs 3.4.1 Compensation

65. On the issue of how to be resettled or compensated for the APs, 11.3% of them would prefer “cash compensation” with all of compensation being paid directly to affected HHs and no land readjustment among affected subvillages. 3.5% of APs would prefer “cash compensation” with part of the compensation to be paid to affected HHs directly and part of compensation to be allocated to affected villages with no land readjustment. 55% APs would prefer “cash compensation” with all compensation being first paid to collectives (i.e., subvillages) and redistributed to all members alongside land redistribution among affected subvillages. 4% APs would prefer being “converted into urban residents”, 30% wanting to be given an “endowment insurance”. And 17% APs preferred other compensation methods. For land acquisition, the municipal land and resource bureau will pay compensations to affected subvillages who will then distribute among their member HHs based on internal consultations. For house demolition and relocation, the project will pay compensations to the affected HHs directly.

3.4.2 Livelihood Rehabilitation 66. The APs are aware of that there will be a need to redesign their lives after the land acquisition and resettlement. A range of services are required to assist with the rehabilitation and to help improve the living standards. The survey showed that: (i) 27% APs would like to receive job training after the land acquisition; (ii) 3.7% will require job information; (iii) 39% require jobs themselves; (iv) 8.5% APs require loans, and (v) 22% APs need other services. It is clear that supporting employment needs and professional training are of vital importance.

3.5 Project Recognition 67. The survey gathered information around the interviewee’s knowledge about the project, with details in Table 3.9. The survey showed that 15% of APs first got to know about the project four years ago, 24.8% three years ago, 10.6% two years ago, 10.6% one year ago, while 35.4% APs did not hear of the project at all. The main channel of information was noted as being through sharing information among neighbors, relatives and friends. Only 6.4% APs heard through newspapers, television or other broadcasts. The survey itself informed the respondents who had not yet heard of the project.

68. Furthermore, the survey collected information about whether APs knew that their housing and land would be demolished or acquired: (i) 21.4% of APs knew one year ago for the first time; (ii) 11.5% three years ago; and (iii) 10.6% knew four years ago. However, 28.3% of the interviewees did not know their housing and land would be demolished or acquired before the survey was conducted.


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69. A key aim of the survey was to gain an understanding of the support for the project. In summary, 60% of APs support the project and they thought it could improve local economic development as a whole, and 50% thought it could increase local job opportunities and improve the local urban environment. More than one-third of interviewees held a positive attitude to the project. However the survey identified some uncertainty from the respondents. For example, in answer to the question regarding “whether local tourism development can be improved by the project”, 43% held an uncertain attitude which was 4% higher than those with a positive attitude. This was a similar case for whether women and APs would benefit from the project. It is also important to note that only 18% of sampled persons thought their loss would be compensated fairly after land acquisition, which was 18% lower than the persons who did not think their loss could be compensated fairly, and was 28% lower than those who doubted their loss could be compensated fairly after land acquisition at all. It can be concluded that some of the reservation from certain respondents may be linked to negative attitudes resulting from previous projects in their areas where past resettlement events did not meet expectations.

70. Based on the survey outcomes, the RP has taken up measures to strengthen the public consultation and participation process during various stages of the project. A detailed program has been developed and its compliance will be rigorously monitored by the external monitor.

Table 3.9: Opinions and Attitudes towards the Project

Item Yes (%)

A little (%)

No or (uncertain)

(%) Not

Interested Total

Whether you know the project 21.9 36.8 41.2 100.0 Whether you agree with the project 64.8 5.6 18.5 11.1 100.0 Whether job opportunity can be improved by the project

50.5 8.3 41.3 100.0

Whether quality of water, health and air can be improved by the project

33.3 29.6 37 100.0

Whether local urban environment can be improved by the project

52.3 14.7 33 100.0

Whether local economic condition can be improved by the project

65.1 3.7 31.2 100.0

whether local tourism development can be improved by the project

39.4 17.4 43.1 100.0

Whether local house price can be increased by the project

48.6 6.4 45 100.0

Whether local investment environment can be improved by the project

47.7 4.7 47.7 100.0

Whether the poor person can be benefited from the project

36.7 17.4 45.9 100.0

Whether the woman can be benefited from the project

32.4 18.5 49.1 100.0

Whether APs can be benefited from the project

25 22.2 52.8 100.0

Whether you know the project impact on your family

28.3 28.3 43.4 100.0

Whether you know “Land Management Law of PRC”(1998)

0 8.7 91.3 100.0

Whether your loss can be compensated fairly

17.9 35.8 46.2 100.0

Whether you can obtain assistances besides compensation

34.9 22 43.1 100.0

Item Better Worse (%) No change Not sure


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Item Yes (%)

A little (%)

No or (uncertain)

(%) Not

Interested Total

(%) (%) (%) How your family living has been affected by the project

29.9 14 23.4 32.7 100.0

Source: Socioeconomic survey during PPTA.


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4. LEGAL FRAMEWORK AND RESETTLEMENT POLICIES

4.1 Applicable Laws & Regulations and Decrees 71. The PRC has issued laws, regulations and policies on the resettlement and compensation which have been applied for many infrastructure projects. This project will follow the related Chinese laws, national and provincial regulations and local by-laws and policies as well as meeting the requirements set forth by ADB’s safeguards policy requirements. The following list contains documents that from the basis for the Project land acquisition, demolition and resettlement:

(i) The Land Administration Law of the PRC (effective on 1 January, 1999, and revised in 2004);

(ii) The Implementation Regulations of the Land Administration of the PRC (State Council Decree No. 256 issued on 27 December 1998, effective on 1 January, 1999);

(iii) The State Council Decisions on Deepening Reform of Strict Land Administration (State Council [2004] 28, 2004);

(iv) Guiding Opinions on Improving the System of Compensation for Land Acquisition and Resettlement (State Land Sources Bureau [2004] 238, 2004);

(v) The Real Right Law of the People’s Republic of China (effective on 1 October 2007);

(vi) Urgent Circular on Further Strict Management Work of Land Demolition and Earnestly Safeguard People’s Legitimate Rights and Interests (State Council [2010] 15, 2010);

(vii) Regulation of State-owned Land House Acquisition and Compensation (State Council Decree No. 590 issued on 19 January 2011, effective on 1 January, 2011);

(viii) Jiangxi Province Management Procedures of Land Acquisition (revised, 2001); (ix) Procedures of Jiangxi Province on the Implementation of Land Administration Law

of the People’s Republic of China (effective as of 22 December 2001); (x) Jiangxi Province Government on the Notice of The Notice of Publicizing Jiangxi

Province Annual Average Output Values of New Land Acquisition in Uniform Amount and Comprehensive Land Price of Linchuan District (Jiangxi Province Government [2009] 22, 2009, effective on 1 March 2009);

(xi) The Notice on Implementation Project of the Demolishment and Resettlement Compensation for Farmer Housing within New Urban Area of Fuzhou Municipality (Fuzhou Municipal Government [2013] No. 25, 2013);

(xii) Circular of General Office of Fuzhou Municipal Government on Assisting Land-acquired Farmer Employment of Fuzhou Municipality (Temporary) (General Office of Fuzhou Municipal Government [2010] 31, 2010);

(xiii) The Notice of Publicizing the Annual Average Output Values of New Land Acquisition in Uniform Amount and Comprehensive Land Price of Linchuan District (General Office of Fuzhou Municipal Government [2011] 17, 2011, effective on 1 March 2011);

(xiv) The Circular of the General Office of Fuzhou Municipal Government on Fuzhou Human Resources and Social Security Bureau, Fuzhou Finance Bureau and Fuzhou Land and Resources Bureau on Operations of Fuzhou Land-acquired


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Farmer Joining Endowment Insurance (Fuzhou Municipal Government [2011] 19, 2011); and

(xv) The Asian Development Bank’s Safeguard Policy Statement (2009), Safeguards Requirements II for Involuntary Resettlement.

4.2 Relevant Clauses of the Laws & Regulations and Decrees 72. The above laws and regulations have improved the protection of those whose standard of living might decline because of the project development. This project can be implemented based on the PRC Land Administration Law (effective as of 1 January 1999 and updated in 2004) and the other rules and regulations related to them. Here listed are the most important excerpts from State Council No. 28 document and Guiding Opinions on Improving the System of Compensation for Land Acquisition and Resettlement (Ministry of Land and Resources No. 238, 2004). The project will carry out relevant polices issued by Fuzhou municipal government according to the requirements, including Implementation Project of Compensation for Farmer Housing Demolishment and Resettlement in New District of Fuzhou Municipality (Fuzhou Municipal Government, No.25, 2009) and the Notice of Publicizing the Annual Average Output Values of New Land Acquisition in Uniform Amount and Comprehensive Land Price of Linchuan District (General Office of Fuzhou Municipal Government [2011] 17, 2011, effective on 1 March, 2011). The key clauses of the relevant laws, rules, regulations and decrees are summarized below and detailed further in Appendix 5.

4.2.1 State Council Decree No. 28 on Oct 21 2004 73. Article 12: Improving Land Acquisition Compensation Practice. People’s Governments at the county level and above shall adopt practical measures to ensure that the farmers whose land is acquired shall not be made worse off. In accordance with provisions of current law, if land compensation and resettlement subsidies paid in accordance with the provisions of current law are still insufficient to help the land loss farmers to maintain their original living standards, the resettlement subsidies may be increased upon approval by the people’s governments of provinces, autonomous regions, and municipalities directly under the central Government. If the total of the land compensation and resettlement subsidies are still insufficient to help the land-loss farmers to maintain original living standards when reaching the legal upper limit, the local people’s governments may pay subsidies with income received from compensated use of state-owned land. Provincial level government shall formulate and publicize the annual average output values (AAOV) in uniform amount or comprehensive land price for each city/ county, and the compensation should be uniformed within the same type of land. The full costs of land acquisition for national key development projects shall be included in the overall project budget.

74. Article 13: Resettle the Land Loss Farmers Properly. County level and government should specify detailed measures to secure AP’ long-term livelihood. Within the planned urban area, local governments must bring farmers who have suffered land loss caused by land acquisition into the urban employment system, and establish a social security system; outside of the planned urban area, local government must reserve necessary cultivated land in its administrative jurisdiction for these land-loss farmers when land acquisition occurs, or corresponding jobs will be provided for them.

75. Article 14: Improve Land Acquisition Procedure. Documentation on information disclosure to and confirmed by the farmers whose land is to be requisitioned should be treated as an integral part of the materials submitted for the approval of land acquisition.

76. Article 15: Strengthen Supervision and Management of the Land Acquisition Process. In case the resettlement of land acquisition has not been carried out, use of the acquired land is not


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allowed. Provincial government shall formulate the internal distribution scenarios of the land compensation within the collective organization based on the principle that most of the compensation should be used for farmer HHs whose land has been requisitioned. The rural collective organization shall make the information on the revenues and allocation of the land compensation fund publicized to and supervised by its members. The agriculture, civil affairs and other departments shall strengthen the supervision over the distribution and use of the compensation fund within the rural collectives.

4.2.2 Decree No. 238 of the Ministry of Land and Resources (2004) 77. Clause (4): Distribution of Land Compensation. The land compensation should distribute reasonably to collective economical organizations in rural areas according to the principle of land compensation that is mainly used for the farmer HHs whose land has been requisitioned. The specific distribution is formulated by the provincial people government. To the villages that all lands have been requisitioned and collective economic organizations are cancelled, the total land compensation should be used for resettling land-loss farmers’ living and production activities.

78. Clause (5): Resettlement of Agriculture Production. Outside of the planned urban area, local government must reserve the necessary cultivated land in its administrative jurisdiction for land-loss farmers at first to help them continue to engage in agriculture production when land acquisition occurs according to taking use of collective land kept in reserve, contract land that contactor voluntarily return, contract land flow, new cultivated land by land exploitation and consolidation, etc.

79. Clause (6): Resettlement of Job. It should create the conditions for providing free training for land-loss farmer. The land use unit should arrange job for the farmer on the same condition. Within the planed urban area, local governments must bring farmers who have suffered land loss caused by land acquisition into the urban employment system, and establish social security system.

80. Clause (9): Informing the Conditions of Land Acquisition. Before the materials submitted for the approval of land acquisition, the local department of state land resources should inform collective economic organizations and farmer HHs about the use, location, compensation standard and resettlement of the project in written form. Illegal building and crops planted after the publication of the land acquisition notice will not be compensated.

4.2.3 Notice No. 25 of Fuzhou Municipal Government (2013)22 81. Article 7: There are two major resettlement measures cash compensation and relocation apartments. In case of key development projects, yet with strong desires from affected people and suitable for construction of new villages, APs could be resettled in new villages on designated locations, but the village sizes shall be strictly controlled.

82. Article 8: One-time Cash Compensation. It is to be based on market prices but valuation by authorized agencies.

83. Article 9: Resettlement in relocation apartments.

(i) Area (of main demolished houses) for area of apartments. In case of structure difference, the differences will be calculated by replacement costs.

(ii) If the per capita lost main house area is below 60m2, each person will be provided with 60m2 of apartment.

(iii) If chosen apartment area is less than lost main houses, the difference will be compensated by replacement costs. If chosen apartment area is larger than lost

22 Effective for two years (July 2013~June 2015).

http://www.iciba.com/exploitation/


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main houses, the surplus area, if less than 20m2, will be charged with construction costs; If surplus area is over 20m2, 20m2 will be charged at construction costs, the remaining area will be charged at market prices.

(iv) Certificates for apartments will be handled by the agencies who acquired the land/housing

(v) Agencies who acquired the land/housing will bear 70% of the property management fee for five years. After five years, resettlement households bear all the fees.

84. Article 10: Resettlement at new village (rural resettlement).

(i) Transitional period is 2 years, relocation house site can only be used by affected households.

(ii) Relocation site is to be determined by the planning de[apartment by consideration of overall planning

(iii) All lost houses and other assets will be compensated at replacement costs. Relocation households must buld their new houses within planned period.

(iv) Each household will only be allocated with one plot, each plot will be controlled within 100m2. Self-built relocation houses must follow unified design and construction standards. The township or subdistrict government will be responsible for San-tong-yi-ping.

(v) If acquired house plot of a HH is more than allocated plot in new village, allocate

one plot only. For the surplus area the affected household will be compensated in cash. If acquired area is less than allocated plot, the surplus area will be charged at CNY 60/m2.

(vi) If a HH has more than two plots, allocate one plot only. The second plot will be compensated in cash.

(vii) If APs who became urban resident prior to land acquisition but having houses in the affected village, his HH will be allocated with one plot if the lost main house is over 80m2, otherwise no plot will be allocated. APs who become urban residents due to on-going land acquisition will be treated as rural residents.

(viii) The demolished houses that belong to several HHs but met the conditions rural housing land will be resettled separately (i.e., one plot for each HH).

(ix) Unmarried youths aged 18 or above can be e resettled separately but paying a cost of CNY 10,000–28,000 for an additional house plot. The payment is CNY 0 for aged over 22, i.e., the official legal marriage age, CNY 10,000 for youths of 21~22, CNY 16,000 for 20~21, CNY 22,000 for 19~20 and CNY 22,000 for 18~19.

(x) APs of over 60 years old and having other household members, but eligible for a separated plot will not be allocated with a separate plot in principle. Instead, CNY10000 will be rewarded or allocate a separate plot after paying a cost of CNY 10000.

(xi) The newly separated/split HHs will bear the costs for San-tong-yi-ping.. (xii) The resettlement site will be constructed as a new town according to unified

standards and planning. Relocated HHs will self-construct their on houses according to the standard plan and designs. Those who construct their house per standard plan and designs will be given a reward of CNY 40 for each m2 of floor area after being checked and accepted. Otherwise no reward.


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(xiii) To the affected person who meets the resettlement conditions, Fuzhou Planning Department, Fuzhou State Land and Resources Bureau, and Fuzhou Housing Management Department should arrange relevant procedures and issue property certificates to them. The departments should only receive minimal cost of producing such certificates with no additional charges.

85. Article 18. Transitional subsidy and moving allowance. For cash compensation HHs, the Implementing Agency will pay a transitional subsidy for 6 months. For relocation in apartments, the transitional period is from the date of signing the agreement and to the date of obtaining keys to the apartments, plus an additional 3 months; the transitional subsidy is CNY 6 for each m2 of main houses each month, with the overall minimum of not less than 400 CNY/month/HH. For relocation in new village, a transitional subsidy of CNY 6 per m2 of main houses per month will be given for 8 months. The moving allowance is 1600/HH for relocation in apartments.

86. Article 19. APs relocated in apartments are free to change the identities to urban residents and then enjoy entitlements available to urban people.

4.2.4 Notice No.17 of Fuzhou Municipal Government (2011) 87. The Notice publicized land compensation and standing crops compensation standards and it does not include compensations for ground attachments and social security fees. Details are given in Section 4.5.

4.2.5 Notice No.74 of Fuzhou Municipal Government (2013) 88. The Notice publicized the replacement costs for houses on collective land in the urban district, details are given in Table 4.2.

4.3 The ADB Involuntary Resettlement Policies 89. The implementation of the Project shall also comply with the ADB policies include in its Safeguard Policy Statement (2009).

90. ADB Safeguard Policy Statement (2009), specifies the three important elements of the involuntary resettlement: (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 rehabilitation to achieve at least the same level of well-being with the project as without it.

91. Some or all of these elements may be present 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 scenarios. (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 APs to share project benefits. APs


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need to be provided with sufficient resources and opportunities to reestablish their livelihood and homes as soon as possible, with time-bound action in coordination with the civil works.

(v) APs are to be fully informed and closely consulted. APs are to be consulted on compensation and/or resettlement scenarios, including relocation sites, and socioeconomic rehabilitation. Pertinent resettlement information is to be disclosed to the APs at key points, and specific opportunities provided for them to participate in choosing planning and implementation scenarios. Grievance redress mechanisms for APs are to be established. Where adversely APs 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 AP, and, where relevant, of their hosts, are to be protected and supported. APs are to be assisted to integrate economically and socially into host communities so that adverse impacts on the host communities are minimized and socially harmony is promoted.

(vii) The poorest: Particular attention must be paid to the needs of the poorest AP, and vulnerable groups that may be at high risk of impoverishment. This may include those without legal title to land or other assets, HHs headed by females, the elderly or disabled and other vulnerable groups, particularly indigenous peoples. Appropriate assistance must be provided to help them improve their socioeconomic status.

(viii) The full resettlement costs are to be included in the presentation of project costs and benefits. This includes costs of compensation, relocation and rehabilitation, social preparation and livelihood programs as well as the incremental benefits over the without-project situation (which is included in the presentation of project costs and benefits). The budget also includes costs for planning, management, supervision, monitoring and evaluation, land taxes, land fees, and physical and price contingencies.

4.4 Policy Differences between ADB and PRC 92. Resettlement Plan. Difference: Commonly, the infrastructure projects in China do not need to prepare RPs (except for reservoir projects); however, all ADB financed projects that involve resettlement must make a RP or resettlement framework. This is perhaps the biggest difference between ADB police requirements and Chinese practices.

93. Solution: This RP was prepared based on the policy requirements of ADB. This RP itself and the process of preparing it, to a great extent, bridge the various other gaps, described further in the coming sub-sections, between requirements of ADB and China. This RP: (i) was based on iterative consultation of local people and systematic surveys; (ii) has identified the APs and differentiated the level of impact; (iii) has identified the vulnerable groups and set a special support fund for them; (iv) quoted domestic and ADB policies and formulated a standard resettlement matrix to guide implementing agency to manage the whole resettlement process; (v) has formulated rehabilitation plan or severely affected HHs; and (vi) has included both internal and external monitoring.

94. Compensation for Structures/Houses Loss. Difference: ADB policies require compensation at replacement costs. Laws of the PRC accept reasonable depreciations and the compensation standards for old houses/structures could be lower than that for the new ones of the same structures.


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95. Solution: Compensation standards are to be based on replacement costs for the affected enterprises of this subproject.

96. Compensation for Land Loss. 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, which may be unrelated to the cost of income restoration.

97. Solution: Given that replacement land is unfeasible yet cash compensation is the preferred choice of most AP, this RP sets cash compensations for land per recent policy. Compensation rate is high enough to enable APs to invest in income-generation activities or engage in new careers. Since it is difficult to guarantee the uses the compensation fees of AP, this RP includes and will implement various income rehabilitation measures to safeguard AP. In addition, IA and external monitor will monitor the income rehabilitation status of severely affected HHs.

98. Special Assistance to Vulnerable Groups. Difference: ADB requires that special assistance is granted to all vulnerable groups, especially severely affected HHs faced with impoverishment risks. Chinese policy provisions do not require social analysis and such assistances, so compensation is based only on the quantity of loss. In practice, however, various assistances are provided throughout China, as well as in the subproject affected villages.

99. Solution: Special funds are set aside in this RP to assist the four vulnerable HHs.

100. Consultation and Publication. Difference: ADB policies require that the APs are aware of all relevant information, and consulted with as soon as possible. Chinese provisions have improved the transparency of disclosure and compensation. However, APs do not play a strong role in decision-making, and the disclosure period is usually too short.

101. Solution: Consultation has begun at the early stage (before and during technical assistance) and future consultations will continue as per the consultation and participation (C&P) plan of this RP. IA and EA also agreed and will disclose this RP to APs as required by ADB.

102. Legal Rights. Difference: ADB policies require all demolished houses/structures, whether legal or illegal, shall be compensated for at the same standards. According to Chinese laws, people without locally 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 shanty owners, although such compensations are in places in practice.

103. Solution: This subproject does not have illegal houses/structures. In case any such houses/structures are identified during implementation, fair compensation will be granted.

104. Monitoring and Evaluation. Difference: ADB requires both internal and external resettlement monitoring. However, there is no such requirement in China, expect for reservoir projects.

105. Solution: Both internal and external resettlement monitoring have been included in this RP.

4.5 Compensation Rates Adopted for the Project 106. The compensation rates for land acquisition and standing crops set in the Notice No. 17 of Fuzhou Municipal Government (2011). Table 4.1 gives the latest compensation rates of the project, and these rates were included in project’s Resettlement Information Booklet that were distributed among APs in late 2012.


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Table 4.1: Compensation Standards for Land and Standing Crops23 Item Land (CNY/mu) Standing Crops (CNY/mu)

Paddy land, cotton land 34,164 1,000 Intensive cultivated fishpond 51,246 1,500 Standard fishpond 34,164 1,000 Commercial vegetable land 51,246 1,500 Non-commercial vegetable land 34,164 1,000 Dry land 22,890 800 High yielding orchard (over 5 years, more than 40 trees per mu)

34,164 3,000

Ordinary orchard (less than 4 years)

17,082 1,500

High yielding tea oil plantation 34,164 3,000 Ordinary tea oil plantation 17,082 1,500 Woodland and other farmland 11,957 500 House plot 22,890 Irrigation canal 35,614 107. Table 4.2 presents the compensation standards for affected houses and attachments.

Table 4.2: Compensation Standards for Houses and Attachments House/attachment Unit Standard (CNY/unit)

House Framed (steel-concrete) m2 730 Brick-concrete m2 610 Brick-wood m2 440 Earth-wood m2 320 Simple m2 250

Attachment Public well No. 3,660 Pressure well No. 980 Animal pen m2 180 Enclosure Wall (above 1.5 m) m 98 Cement Bleachery m2 65 House Foundation m2 150 Fruit Tree (height above 1.5 m) tree 30 Biogas Set 3,000 TV receiver (satellite bowl) Set 400 Set phone Set 128 Tomb No. 1,500

108. In addition, transitional subsidy will be provided to relocation HHs. For relocation in apartments, the subsidy is CNY6 per m2 of demolished main houses for the transitional period and another 3 months, with the minimum subsidy not below CNY400/month/HH. The transitional period refers to the date of signing the agreement to the date of obtaining the key to relocation apartments. For transitional periods are 6 months for cash compensation HHs and 8 months for new village resettlement. In addition, each household can get a moving allowance of CNY 1,600. 4.6 Entitlement Matrix 109. A resettlement compensation entitlement matrix has been established as the basis for compensation and resettlement, as set out in Table 4.3. 23 In draft RP, different sub-districts under Linchuan District were covered by two separate sets of compensation

standards as Linchuan District (1) and Linchuan District (2). In the final RP only one and higher of the two standards has been applied to equally benefit the project affected people.


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Table 4.3: Resettlement Entitlement Matrix Type of Impact Application

Entitled Person

Compensation Policy/ Standards Implementation Issues

Permanent land loss

Acquired land areas of 1,941.4 mu, including farmland, vegetable land, slope land, housing plot and etc.

a) 27 subvillages of 6 villages b) 4,955 APs of 1,347 HHs c) APs who use the land

1. Compensation for land will be paid to the affected subvillages directly by the FLRB. 2. Compensation for standing crops will be paid to land users directly by the FLRB. 3. The compensation rate for farmland is CNY22,890 ~ 34,164/mu, details are given in Table 4.1. The rates are subject to increase by 31 Dec 2013 if the provisional government issues new policy 4. APs are free to convert their rural identities to urban and then avail entitlements available to urban residents. 5. APs will be informed in advance of acquiring land to enable the harvesting of crops.

Land compensation will be distributed evenly among APs in each subvillage based on internal consultation and decision making. The land will remain collective ownership and will be temporarily and evenly distributed among villagers who keep rural identities.24 Township and subdistrict authorities will provide recommendations and assistance to APs to adopt to urban life and to seek alternative employments.

Loss of houses and attachments

Affected houses of 155,642.5 m2

446 HHs with 1,628 persons from 10 subvillages of 2 villages

Affected houses and attachments will be compensated at replacement costs and will be paid to the affected HHs directly. The compensation rates or replacement costs are given in Table 4.2.

Relocation Affected HHs 446 HHs with 1,628 persons from 10 subvillages of 2 villages

1. Compensation rates for demolished houses will be paid as shown in Table 4.2: Compensation Standards for Houses and Attachments. 2.Based on the opinion of APs, there are two options for relocation HHs: (i) relocation in apartments at preferential prices in the designated Xiangshan Garden,25 and (ii) relocation in self-built houses on replacement house plot in a reserved resettlement site.

Affected HHs are free to have relocation options. Municipal government and its line agencies will build basic infrastructures for the relocation site where affected HHs will build their own houses according to standard designs. Municipal government and its line agencies will provide free assistance to affected HHs for new house design and

24 The area is already locally named as new urban district. 25 Apartment buildings in Xiangshan Garden, currently under construction, will be completed by the end of 2014.


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Type of Impact Application

Entitled Person

Compensation Policy/ Standards Implementation Issues Each relocation HH can only take one option. For resettlement in apartments in Xiangshan Garden, affected HHs pay construction costs for the housing area that is not 20m2 more than their demolished main houses, but pay market prices for exceeding area. For relocation in self-built houses, affected HHs must follow unified design and planning,. and each HH will get a reward of CNY 40 for each m2 of the demolished main houses 3. A transitional subsidy will be provided to each HH, which is calculated as CNY6 per m2 of the demolished main houses for the transitional period plus another 3 months (totally about 9 months), with the minimum subsidy not below CNY400/month/HH. 4. Moving (transport) allowance of CNY 1600 will be given to each HH 5. Incentive rewards will be given to HHs relocated within planned period; the standard is CNY 3,200 per HH if its affected main house is over 100m2 or CNY18/m2 if below 100 m2. 6. Relocated households can use the salvaged material from the demolished house without any depreciation or deduction of replacement cost.

construction quality control. The transitional period refers to the date of signing the agreement to the date of obtaining the key to relocation apartment or date of completing construction of own relocation house.

Economic rehabilitation land loss APs

Affected HHs especially seriously affected

a) 4,955 APs of 1,347HHs , of which 2,185 (45.3%) APs from 592 HHs of 15 subvillages in 3

1. Each subvillage will evenly distribute the land compensation among its members. 2. Farmland remains collective ownership so as to jointly benefit from

Chonggang Township and Zhongling Subdistrict will assist the subvillages for land redistribution JEDZ authority trains APs on employment


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Entitled Person


villages are severely affected b) About 465 adult APs of 205 HHs, are eligible for endowment insurance c) About 155 elders from 205HHs are eligible for Old-age Living Allowance Program

possible LA&R by other projects. Intensified technical training will be given to the APs who continue doing farming for the time-being. 3. Employment in enterprises in the JEDZ with skill training 4. Self-employment in non-farm sector with skill training and micro credit support 5. Temporary employment for project constructions 6. Endowment insurance for 465 adult APs, FMG contributes 60% of the insurance capital 7. Inclusion of 150 elders in the old-age living allowance program, FMG provides an allowance of CNY 160 per person per month. This standard is subject to increase as time goes.

skills for enterprises that will employ APs. Municipal and Linchuan District Government agencies provide training for self-employment Village authorities guarantee APs for applying microcredit

Vulnerable groups

VG affected by LA&R

104 HHs with 205 persons

1. An additional subsidy of CNY 2000 per person. 2. Priories for training and employment, 3. Assistances during self-construction of houses and during relocations

Chonggang Township government will lead the assistances to vulnerable groups


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5. RESETTLEMENT AND INCOME REHABILITATION

5.1 Resettlement Targets 110. The concrete resettlement targets for the project include the following:

(i) Optimize the project design, by avoiding dense population/high buildings and minimizing the scope of impact of involuntary resettlement;

(ii) The resettlement of APs will be considered as a component of the project and sufficient funds will be made available to the resettlement process and APs will receive benefits from the Project;

(iii) Assistance will be provided to the APs during the process of removal and resettlement;

(iv) APs will merge into the new community socially and economically; and (v) APs will be encouraged to take part in the preparation and implementation of the

RP. Their opinions will be fully respected in the RP. 5.2 Resettlement Population 111. In total, 1,347 HHs with 4,955 persons in 27 subvillages (villagers’ groups) of 6 villages will be affected by LA&R of the project that includes 446 relocation HHs with 1,628 persons, and these relocation HHs will also be affected by land acquisition. Distribution of the affected HHs among affected subvillages and villages are presented in Appendix 4. 5.3 General Resettlement Strategy 112. The project will impact 6 villages, including two urban villages of Shangzhang and Bailing in Zhongling Subdistrict, and the 4 rural villages of Zhujia, Xianxi, Fengling and Fenggang in Chonggang Townshipin JEDZ. The project will have significant impacts on the agricultural production and livelihood of some APs in the four rural villages due to the severe loss of land (i.e., losing more than 20% of farmland). The social impact assessment revealed that the impact on incomes will be lessened because most APs earn most of their income from non-farm activities; nonetheless, the loss of farmland means that many APs will need to shift to permanent urban employment that provides a secure source of income and livelihood. The LA&R strategy has been guided by ADB’s SPS (2009) to ensure improvements in the affected peoples’ living standards and livelihoods. Accordingly, the resettlement plan has been guided by taking in consideration of APs’ opinions and suggestions, and the actual conditions of affected area. The basic rehabilitation plan is as follows:

(i) According to the Fuzhou Municipality Master Plan, the project falls within the scope of the urban development/expansion plan. The relocation HHs will be resettled in centralized manner within the newly planned urban residential blocks. APs losing houses and other attached facilities will be compensated at replacement cost. For replacement HHs, the centralized resettlement includes: (a) relocation to self-built houses on a designated resettlement site but under unified planning and house designs; and (ii) relocation to replacement apartments with preferential prices in the Xiangshan Garden that is also the designated resettlement complex for the project.

(ii) Resettlement site is next to the Fuzhou Railway Station and between two existing subvillages. The municipal government will build basic infrastructures such as access road, water and power supply, communication and internet systems, etc. While in the latter case, the complex is next to good road and a newly built park, also of short distance to the Fuzhou Railway Station. Figure 3 shows the locations of the two resettlement sites, while Figures 4~6 show the current land use and construction status of the two sites.


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(iii) For all affected subvillages the remaining farmland will remain with the collective or subvillage ownership so as to benefit all members 26 if being acquired by forthcoming development activities27 but farmland will be temporarily and evenly distributed among villagers who keep rural identities. The subvillages that have less or no farmland (per capita farmland of under 0.3 mu), in principle, an “equal distribution of land compensation among the APs, redistributing remaining farmland, and converting those qualified APs into non-agricultural status and providing endowment insurance for them, skills training and employment” will be carried out. Non-farm employments will be sought for all affected APs either by themselves or by the government. The PMO will actively participate in ensuring that the APs are absorbed in the non-farm employment and will liaise with the various job introduction services provided by municipal and district labor bureaus. The affected area is in the JEDZ where affected labor forces could easily get jobs in local enterprises or engage in the service industry. The PMO will keep a record of the APs who provide non-farm employment.

(iv) The received compensation could actually facilitate an expansion of the businesses of some APs. APs could also use it to invest, enroll in pension procedure or to fund their children’s higher education, both are essential to improve people’s living standards in the long term. Guidance in livelihood opportunities will be provided to APs by local government, especially for women.

(v) APs are free to convert their rural identities to urban and then enjoy the entitlement available to urban residents. In subvillages that have less or no farmland (per capita farmland of under 0.3 mu) after LA&R, in principle, the qualified APs will be converted into urban residents and be provided with endowment insurance.

5.4 Rehabilitation Plan for Land Acquisition Affected People 113. In total, 1,347 HHs with 4,955 persons in 27 subvillages (villagers’ groups) of six villages will be affected by land acquisition of the project, including 4 urban subvillages in the 2 urban villages and 23 rural subvillages in the 4 rural villages.28

114. There are 15 rural subvillages (out of 23) from 3 rural villages (out of 4) that will be severely affected due to losing over 20% of their farmland (more details are given in Appendix 4), including one subvillage that is affected by the overall impact of the Waihuan Road as a whole (i.e., including LA&R impact of the section excluded in this RP).29 These 15 subvillages have 592 HHs with 2,185 persons:

(i) Two subvillages, the No.3 subvillage with 166 persons and 52 HHs in Zhuja Village and the No. 12 subvillage with 206 persons and 52 HHs in Fenggang village, will lose almost all of their farmland. Adult APs (16-55 for women and 16-60 for men) are eligible for endowment insurance program; while elders are eligible for the governments’ Elders Living Allowance Program (CNY 160 per person per month).

(ii) One subvillage, the No.4 with 405 persons and 101 HHs in Zhujia Village, will lose 81.7% of its farmland; the remaining per capita farmland area will be reduced to 0.24mu only, less than the threshold of 0.3mu for applying endowment insurance of land loss farmers, as well as for the Elders Living Allowance.

26 Those who choose rural identities after this project. 27 Will be acquired sooner or later as the area is within the planned new urban district. 28 These will also become urban villages soon. 29 This RP includes a section of 481.3m for the Waihuan Road, out of a total of 3061.33m; the remaining section of

2,580m is being under construction since February 2013. A DDR is separately prepared for the section under construction.


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(iii) The remaining 12 subvillages with 1,647 APs and 548 HHs will lose 22.3~60.0% of their farmlands, but the remaining per capita farmland area will be more than 0.3mu after land acquisition.

115. Totally about 465 APs (60% of the 777 APs in the 3 subvillages) are eligible for endowment insurance and 155 APs (20%) eligible for elders living allowance.

116. Although agriculture is no longer the major source of AP’s income (see Table 3.4), farmland is still a production and safeguard resource for APs who were land dependent farmers just about 20 years ago. Therefore, support measures are taken to help APs losing land resource. The following measures will be taken to target these severely affected subvillages to rehabilitate their income:

(i) Skill-training and arranging employments in local enterprises

(ii) Training and micro-credit for self-employment of APs

(iii) Redistribution of remaining farmland and technical training within subvillages, especially targeting the APs still willing to engage in farming

(iv) Employment in project construction and operation

(v) Participation in the endowment insurance program and elder living allowance program

5.4.1 Skill Training and Arranging Non-Farm Employment 117. The project is situated within the JEDZ (Jinchao), which is home to many industrial factories that can provide job opportunities for the APs. In the case of the affected urban village of Bailing, for instance, there were only 60 persons working in such factories before 2008,30 and there were over 600 persons working in different factories in 2012. In general, the factories in JEDZ offer many employment opportunities in shoe making, clothing, and manufacturing activities. As a result, many of the APs are full-time or part-time contracted non-farm labourers locally, with majority of their income coming from such non-farm employment.31

118. To facilitate APs to shift to the non-farm sectors, the JEDZ will provide free employment guidance, employment recommendation and train both female and male APs (also non-APs) according to enterprises’ skill and qualification needs, free of charge. This free training was known to enterprises and APs, and it is also announced in the official website of JEDZ.32 The PMO will actively coordinate with various government agencies to ensure that the project affected people are absorbed in the non-farm employment. Based on consultation with the APs, in order to help the affected rural labours improve their non-farm employment skills, particularly for women, training programs have been formulated (see Table 5.1). A series of free skills training sessions will be provided for APs for at least two persons for every affected family with 50% targeted for females. The target group will be young people with age between 18 and 40 years old. The skills to be trained will be based on the needs of enterprises that will employ the APs.

119. The resettlement skill training will focus on improving the APs’ knowledge and skills. The training will include integrated long term skills and short term key skills. Young AP’s with the certain qualifications will be selected and sent to Agriculture University and Agricultural Science Academy for longer term training, which will help them develop the technical knowhow needed in the project area. A total 350 students will be provided with such opportunity averaging about 10

30 It was a rural village before 2008 when land was not acquired by the government. 31 Overall, due to low profit and limited land holdings, agriculture only accounted for about 8% of rural income (see

Table 3.4). 32 http://www.jxgydc.com/eips_yqjs-34.html.


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students per village group. The resettlement training center in province or city conducts different practical technique trainings to help APs and drive other APs common prosperity. The skill training will include:

(i) Technical Training: sending APs’ children with a higher educational background or enthusiasm on recommendation to Agriculture University and technical vocational schools for longer term training.

(ii) Plantation Skill Training: training for APs in greenhouse vegetables skills, high quality hybrid rice skills, double-low rapeseed skills according to agricultural experts’ instruction at a fixed time or demonstration as required (target – middle aged farmers with 50% female).

(iii) Livestock Breeding Skill Training: training APs for poultry feed skills, livestock farming skills etc. according to agricultural experts’ instruction at a fixed time or demonstration as required (target –middle aged farmers with 60% female).

120. In order to facilitate affected people to perform various non-farm activities, a series of non-farm skills training sessions will be provided for the affected people, particularly women and vulnerable groups, so that they are better prepared to be employed in non-farm activities in urban areas (target –young farmers with 50% female).

Table 5.1: Training Plan

Type of Training Target APs* Females Cost Schedule Responsible

agency Training on agricultural techniques

800 60% Covered by government’s routine extension program

2013~2015 Chonggang Township government

Non-farm skill training for APs to be employed by enterprises

1,800 50% Covered by the authority’s training budget

2013~2016 JEDZ

Skill training for project construction

300 30% Covered by contractor 2013~2017 Contractors

Non-farm skill training for self-employment

400 50% Covered by the authority’s training budget, including the 40~50 training program

2013~2014 Linchuan District Government (labor bureau, women’s federation, etc)

Total 3,300 Note: *There will be some overlapping

5.4.2 Training and Microcredit for Self-employment 121. The project will provide assistance to APs for self-employment in the non-farm sectors, including: (i) free training on employment skills, based on needs of APs, like motorcycle, vehicle, tractor farm machinery and electrical appliance repairing; (ii) free training on and guidance to business registration, marketing; and (iii) training on microcredit application and management; and (iv) guaranteeing APs to apply microcredit. The training will be organized by the Linchuan District Industrial and Commercial Bureau, Labour and Employment Bureau, the rural commercial bank, etc. The training target is included in Table 5.1.

122. The PMO will provide services to the APs, including training, free employment recommendation and assistance, free transaction of labour registration and management and implementing transfer and training of rural labor forces. Based on consultation with the APs, in


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order to help the affected rural labours improve their employment prospects and their skill sets, particularly for women, a non-farming skill straining proram has been formulated. A series of free skills training sessions will be provided for APs for at least two persons for every affected family with 50% targeted for females. The target group will be young people with age between 18 and 40 years old. The training will focus on motorcycle, vehicle, tractor and farm machinery repair, maintenance and repairs of electrical appliances, product marketing and small business registration and operations. The skills training courses will be offered both on site and at the training center in Jinchao Economic Development District and Chonggang Town and can train 1000 persons one time. Payments will be made and directly disbursed to the training institution, e.g. the technical vocational school and the women’s federation. For the self-employed APs, they will get preference for small secured loan financed by the PMO and the local government to develop their production. The effectiveness and implementation of these training and employment coordination programs will be monitored by an external monitoring agency.

123. The Linchuan District Government will assist those farmers who are employed for the first time and send them to the suitable factories. In addition, the integrated urban and rural labor market information service will be strengthened to improve labour-use management. For those farmer workers who are able and willing to work but not employed locally, the PMO will help introduce them to work in the surrounding enterprises or in the downtown area. For the land-loss farmers, especially men aged over 50 years old and women aged over 40 years old, the PMO will help guide them gradually into work in the social service sectors such as urban landscape maintenance, road cleaning, property management and housekeeping. Enterprises applying for participation in bidding on urban landscape maintenance, road cleaning and property management in the new towns and districts shall employ at least 40% local farmer-workers. In addition, the relevant government departments shall also try to create more public welfare labor posts and create more new employment channels to provide jobs preferentially to the land-loss farmers especially to men aged over 50 years old and women aged over 40 years old.

5.4.3 Redistribution of Farmland 124. Land will remain collective ownership, but affected subvillage, based on internal decision and consultations and in consideration of the government demand for land for other development activities,33 will temporarily and evenly redistribute its remaining farmland among its member villagers who remain rural identities. The rehabilitation plan will encourage the farmers interested in continuing with farming activities to contract other person’s land through land leasing arrangement. The village groups with per capita farmland less than 0.3 mu will be covered under endowment pension scheme.

125. To cope with the impacts of land loss, the Fenggang Township Government will intensify technical training on agricultural techniques among those APs who are good at and also interested in farming in the 4 villages affected, especially in the 14 severely affected subvillages. The training will target 800 person-times of farmers (see Table 5.1)

5.4.4 Employment and Service Provision during Project Construction 126. During project construction, APs can seek income-generating opportunities, mainly providing services related to construction. For instance, APs could rent spare houses (if available) for construction contractors as a temporary office or as residence for construction workers, operate small groceries and provide food, cigarettes and beer/spirits for the construction workers. This could provide temporary employment for certain land-loss farmers as well as increase household cash income as a part of an integrated rehabilitation process with the construction program.

33 The area is already termed as new urban district locally.


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127. Project implementation agency and contractors will give priority to the APs for working non-skill labourers. The contractors will provide job opportunities of 300 persons to the APs with at least 30% for female labourers, including leveling land, landscaping works, and so on. Although these works are temporary, the APs who are employed from such work will earn CNY 150 per day. Arrangements will be made with contractors including setting up targets for providing employment to the APs in the bidding documents.

128. The affected HHs will be trained freely by the PMO making arrangements with the related government authorities.

5.4.5 Participation in Endowment Insurance and Old-age Living Allowance Programs

129. There are 3 subvillages34 that will lose all or most of their farmland due to the project, yet the remaining (No.3 with 166 persons and 52 HHs in Zhuja Village and the No. 12 subvillage per capita farmland area will be less than 0.3mu.35 Among these APs, 465 and 155 persons are eligible for endowment insurance and old-age living allowance.

130. According to the decree jointly issued by Fuzhou Human Resources and Social Security Bureau, Fuzhou Finance Bureau and Fuzhou Land and Resources Bureau on the Operations of Fuzhou Land Loss Farmers Joining Endowment Insurance Program (Fuzhou Municipal Government [2011] No. 19 decree, June 2011), the above-mentioned 3 subvillages are eligible for endowment insurance of land loss farmers.

131. The endowment insurance is based on the mode of social pooling combined with an individual account. The cost of is shared by the government and by the individuals.36 Based on total premiums of 15 years, the government will contribute 60% of the total funds, and the rest will be shared by individuals. Based on that decree, for men aged between 16 and 60 years old and women aged between 18 and 55 years old, after paying 40% of all the 15 years of premiums or CNY 15,436, they could start receiving a pension of CNY 600 per person per month, or CNY 7,200 per year after they are 60 years old (men) or 55 year old (women).37 The In addition, after they pass away, they will be entitled to get a funeral subsidy about CNY 20000 one time. In 2011, there were 11,000 land-loss farmers participated in the endowment insurance program in JEDZ.

132. For those men aged over 60 years old and women aged over 55 years old, they could be provided with an old-age living allowance of CNY 160 per month after application approval. The standard will be increased by the municipal government according to economic development and future living level improvements. The local finance department of the government will pay the living allowance to the social insurance agency each month n. The social insurance agency will then in turn pay the applicants every month. The procedure provides basic social security for APs and also helps address one of the key areas of concern for the APs.

5.5 Relocation Plan 133. The project will cause the relocation of 446 HHs and 1,628 persons, including 313 HHs and 1,180 persons from 6 subvillages of Zhujia Village, 133 HHs and 448 persons from 4 subvillages of Xianxi Village (details are given in Appendix 3). Details of the Those affected HHs will be resettled by the project according to the Notice on Implementation of Farmhouse

34 (i) No.3 Subvillage of Zhujia Village, with 166 persons and 52 HHs, will lose 100% of its farmland; (ii) the No.4

Subvilage of Zhujia Village, with 405 persons and 101 HHs, will lose 81.7% of its farmland; and (iii) the No. 12 Subvillage of Fenggang Village, with 206 persons and 52 HHs, will lose 92.8% of the farmland.

35 (i) 0 mu/capita for the No.3 of Zhujia; (ii) 0.24mu for the No.4 of Zhujia; and (iii) 0.09 mu for the No.12 of Fenggang. 36 The collective may contribute a certain share if it has financial capacity. 37 It is believed that the standard will surely be increased in some years.


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Demolition and Resettlement Compensation in New Urban Area of Fuzhou City (Fuzhou Municipal Government Decree No. 25, 2013).

134. According to actual conditions of affected area and APs desire, in addition to compensation of affected houses and properties at replacement costs, the project offers two relocation options:38 (i) rural concentrated resettlement in self-built houses in a designated resettlement site under unified planning; and (ii) urban concentrated resettlement in a designated relocation apartment complex with preferential price. Each HH can take one option only.

135. A transitional subsidy of CNY 6 per m2 of demolished main houses will be provided for the transitional period and another 3 months, with the minimum subsidy not below CNY400/month/HH. The transitional period refers to the date of signing agreement to the date of obtaining key to relocation apartment or the date of completing construction of own relocation house. In addition, each household can get transport allowances for 2 times, CNY 800 each time. In addition, each household will get a reward of CNY 3,200 if relocated within planned period if the main house is over 100m2 or CNY18/m2 if the main house is below 80m2

136. The relocation will start from April 2014 and will be completed by early 2015. APs are free to make their final options before April 30 2014.

5.5.1 Rural Concentrated Resettlement 137. Based on consultation with the APs and taking into account local conditions, a resettlement site of 232 mu located next to the Fuzhou Railway Station (see Figures 4~5) has been reserved for the project. The site, used to be farmland, was acquired by the municipal government before 2010 when building the Xiangpu Railway and is currently unused (see Figure 5 for current land use status). This site could resettle as many as 812 HHs. The site will be divided into two blocks and will be built as new modern villages (row housing of standard house designs), Figure 4 presents the sketch map of the new villages.39

138. For this option, the APs can build their own houses according to unified planning of Fuzhou Municipal Government. The government is responsible for construction of basic infrastructures (land leveling, access roads, water and power supply facilities, telecommunication facility, clinic, entertainment facilities, etc.) by April 2014.40 The total cost for land leveling and construction of basic infrastructures will be about CNY 20 million. Each household will be provided with a new house plot of 100 m2. Relocation HHs will also be provided with land use certificates in the names of both spouses.

139. The basic polices for rural concentrated resettlement are (see also para. 83 of Subsection 4.2.3: are as follows:

(i) Transitional period is 2 years, relocation house site can only be used by affected households.

(ii) Relocation site is to be determined by the planning department by consideration of overall planning

(iii) All lost houses and other assets will be compensated at replacement costs. Relocation households must build their new houses within planned period.

(iv) Each household will only be allocated with one plot, each plot will be controlled within 100m2. Self-built relocation houses must follow unified design and

38 Consultation of APs in 2013 indicated that it is 50% vs. 50% for these two options among APs. A third option of cash

cash compensation in available, but no one is interested in it. 39 Designed in September 2013, the houses will be 50m away from the Xiangpu Railway and the Fuyin Expressway. 40 It is planned to start on 16 Nov 2013.


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construction standards. The township or subdistrict government will be responsible for San-tong-yi-ping.

(v) If acquired house plot of a HH is more than allocated plot in new village, allocate one plot only. The excess area of the original plot will be compensated in cash. If acquired area is less than allocated plot, the surplus area will be charged at CNY 60/m2.

(vi) If a HH has more than two plots, allocate one plot only while for the other plot cash compensation will be paid.

(vii) If APs who became urban resident prior to land acquisition but having houses in the affected village, his HH will be allocated with one plot if the lost main house is over 80m2, otherwise no plot will be allocated. APs who become urban residents due to on-going land acquisition will be treated as rural residents.

(viii) The demolished houses that belong to several HHs but met the conditions rural housing land will be resettled separately (i.e., one plot for each HH).

(ix) Unmarried youths aged 18 or above can be resettled separately but paying a cost of CNY 10,000–28,000 for an additional house plot. The payment is CNY 0 for aged over 22, i.e., the official legal marriage age, CNY 10,000 for youths aged between 21~22, CNY 16,000 for 20~21, CNY 22,000 for 19~20 and CNY 22,000 for 18~19.

(x) APs of over 60 years old and having other household members, but eligible for a separated plot will not be allocated with a separate plot in principle. Instead, CNY10000 will be rewarded or allocate a separate plot after paying a cost of CNY 10000.

(xi) The newly separated/split HHs will bear the costs for San-tong-yi-ping. (xii) The resettlement site will be constructed as a new town according to unified

standards and planning. Relocated HHs will self-construct their on houses according to the standard plan and designs. Those who construct their house per standard plan and designs will be given a reward of CNY 40 for each m2 of floor area after being checked and accepted. Otherwise no reward.

(xiii) To the affected person who meets the resettlement conditions, Fuzhou Planning Department, Fuzhou State Land and Resources Bureau, and Fuzhou Housing Management Department should arrange relevant procedures and issue property certificates to them. The departments should only receive minimal cost of producing such certificates with no additional charges.

140. During public consultations with the people affected by house demolition, about 225 HHs (approximately 50%) of the total 446 household affected by demolition prefer to l be resettled in the new village. The construction and relocation plan for this option is shown in the table below.


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Table 5.2: Construction and Relocation Plan for Rural Resettlement Activity Date Note

Acquisition of relocation site 2010 Done Design Sept 2013 Done, see Figure 3 Land leveling and construction of basic infrastructure

20 Nov 2013~30 April 2014

House demolition and relocation agreement

Jan~April 2014

Selection of house plots April 2014 By drawing lots About 225 affected HHs (50% of affected), but selection of about 300 plots including some for split HHs.

Determination of house design April 2014 APs’ decision House construction May ~ Oct 2014 Self-construction Relocation Nov-Dec 2014


42

Figure 3: Relocation Sites and Fuzhou Railway Station


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Figure 1: Planning and Current Status of Rural Relocation Site

(Top: Sketch map; Bottom: Current land use)


44

Figure 2: Current Status of Rural Relocation Site

(Top: Underpass from the railway station to the site and an existing village, sufficient for bus and tractor; Bottom: Original watershed system)


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5.5.2 Urban Concentrated Resettlement 141. The site of replacement apartments complex of 57 mu (38,000 m2), named as Xiangshan Garden with construction undergoing (see Figures 4 and 6), is 2.2km from the railway station and next to a park.. The site is also close to the Fuzhou Experimental School and Fuzhou No. 1 People’s Hospital. This complex will include 14 buildings with 905 apartments, clinic, kinder garden, parking lots, etc. The land is government-owned construction land. The construction was started in Nov 2011 and will be completed in August 2014, but relocation in built ones could start in April 2014.

142. Detailed compensation and relocation arrangements/polices for urban concentrated resettlement are as follows (see also para. 82 of Subsection 4.2.3):

(i) Area (of main demolished houses) for area of apartments. In case of structure difference, the differences will be calculated by replacement costs.

(ii) If the per capita lost main house area is below 60m2, each person will be provided with 60m2 of apartment.

(iii) If chosen apartment area is less than lost main houses, the difference will be compensated by replacement costs. If chosen apartment area is larger than lost main houses, the surplus area, if less than 20m2, will be charged with construction costs; If surplus area is over 20m2, 20m2 will be charged at construction costs, the remaining area will be charged at market prices.

(iv) Certificates for apartments will be handled by the agencies who acquired the land/housing

(v) Agencies who acquired the land/housing will bear 70% of the property management fee for five years. After five years, resettlement households bear all the fees.

143. For this option, affected HHs only need to pay for construction cost of about CNY 1,900/m2 if the replacement apartment is not exceeding more than 20m2 than their demolished main houses.41 If exceeding area is more than 20m2, they need to pay market price for the surplus area.42 If the affected HHs’ per capita residential area is under 50m2, they will be resettled for per capita 50m2 with preferential price (construction cost).

144. The construction and relocation plan is given in Table 5.3.

Table 5.3: Construction and Relocation Plan for Urban Resettlement Activity Date Note

Design 2012 Done, see Figure 6 Construction Nov 2012~ Aug 2014 Undergoing House demolition and relocation agreement

Jan. ~ April 2014

Relocation of first group July 2014 About 50 HHs Relocation of last group Dec 2014 Totally about 225 affected HHs,

(50% of affected), but over 400 apartments for them.

41 There might be minor difference by 2014 when construction is completed. 42 The current market price is about CNY 3,500~4,500/m2.


46

Figure 6: Construction Status of Urban Relocation Site (Xiangshan Garden)

(Top: Sketch map; Bottom: Construction status by July 2013)


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5.6 Safeguard Measures for Vulnerable Groups 145. The project will pay special attention to the vulnerable groups during land acquisition and resettlement. A total of 104 HHs with 205 persons were identified as vulnerable people, including 21 HHs with 32 persons from Zhujia village, 23 HHs with 36 persons from Xianxi village, 28 HHs with 74 persons from Fengling village, 8 HHs with 12 persons from Fenggang village, 6 HHs with15 persons from Shangzhang village, and 15 HHs with 29 persons from Bailing village. The vulnerable groups account for 8.0% and 4.3% of the totally affected HHs and people respectively. Among the 104 vulnerable HHs, 17 HHs with 27 persons will be affected by house demolition and relocation, including 11 HHs with 17 persons from Zhujia village and 6 HHs with 10 persons from Xianxi village.

146. To help these vulnerable groups, the following measures will be taken in the process of LA&R:

(i) For those who qualify as rural low income households, the township and subdistrict authorities will assist them in obtaining such status so that they will be covered by the government’s Dibao Program (i.e., Minimum Living Allowance Program).43 For those who are not qualified as Dibao HHs but are above the retirement age, they will be provided with a monthly social security living allowance of CNY 160 per person.

(ii) The project will provide an extra vulnerable subsidy of CNY 2,000 per person one time.

(iii) Priority support and help in training, finding jobs, providing social security to rehabilitate and improve their income and living.

(iv) Priority in obtaining microcredit and receiving guarantees from the village collective during and after project implementation.

(v) Priority to the elderly living alone, disabled people, and women headed HHs for choosing house plot/apartment and organizing labor forces to help them build houses and relocate. The elderly and the disabled will be given priority to obtain ground floor apartments.

5.7 Gender Issues during Resettlement and Income Restoration 147. Compensation entitlements will be equal for both genders, including compensation, employment and training. However, women aged over 35 years old may have more difficulty in accessing non-farm employment opportunities. To address this constraint for women, the local township and villages have decided to directly incorporate training for women into the Linchuan District Government’s 40~50 training program. The purpose of this training program is to help female laborers over 40 and male labourers over 50 in finding a job through training. This 40~50 training is also included in the training program presented din Appendix 6. Local governments will provide training on certain public jobs where land-loss women will be given high priority for employment, such as landscaping and service areas.

148. The role of domestic helper employment opportunities for women is also important. Currently the minimum wage for a domestic helper is CNY 10/hour. If a trained female laborer can work 8 hours per day, 20 days per month, she will earn a monthly wage of CNY 1,600. This actually is more than one year’s net income from farming. In Fuzhou city, the demand for domestic helpers is soaring and associated wages are attractive. Furthermore, the public transportation system of Fuzhou city provides excellent accessibility to the project area, and will be further improved under the Project. The transportation in place for the women to commute to the Fuzhou city is both convenient and affordable. In addition, a Gender Action Plan (GAP) is developed to specifically meet affected women’s requirements. The GAP stipulates measures

43 It is believed that most of the qualified HHs are already covered by the program.


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and targets for women’s employment in various project related activities and includes both skilled and non-skilled areas. Women will also have priority for skill training under the livelihood rehabilitation plan. The textile enterprises in JEDZ have great demand for women, the skill training for enterprises (see Appendix 6). The average monthly wage in this kind of textile enterprise was CNY1,786 in 2011. The project will ensure a well-organized re-employment program is in place and implemented for livelihood restoration and improving living standards for both men and women. These provisions include:

(i) Employment of affected women in unskilled construction jobs, specific skilled jobs and other jobs such as greenery maintenance and landscaping jobs. The range of these jobs will depend on availability and is set between 20-50% (see Gender Action Plan for details).

(ii) Livelihood restoration training for affected people target 50% of women (see Appendix 6).

(iii) The GAP also ensures that women actively participate in resettlement activities for which specific targets have been set. The GAP also recognizes the specific transport related needs of women commuters and has set up well defined criteria to meet these requirements.


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6. PARTICIPATION AND CONSULTATION

6.1 Objectives of Consultation and Participation 149. Participation and consultation (C&P) is an important part of the integrated rehabilitation and resettlement strategy for the project and will help ensure its success. According to relevant resettlement policy, the project sponsor should formulate resettlement policies and detailed rehabilitation measures in order to safeguard legal rights and interests of APs and affected communities, and to reduce disagreement and complaints. In the resettlement plan, detailed implementation arrangements and an institutional setup are also specified in order to ensure that the resettlement work can be implemented successfully.

150. The project will pay special attention to participation and consultation for APs in the resettlement process and will listen carefully to the opinions and suggestions of the APs during the RP implementation. Finally, once it is approved, the final RP will be disclosed to the APs, local officials, villagers and published on the ADB website. The main contents of this RP, including latest compensation policies and standards, were summarized in the Resettlement Information Booklet that was distributed among affected HHs in 2012 (the 2012 RIB is given Appendix 7).44 This has ensured effective communication, consultation and most importantly ensured acceptance by the APs.

6.1.1 Consultation and Public Participation Approach 151. Consultation with local people began in the very start of project preparation. Before the survey, local governments were invited to review and comment on the survey outline and representatives of local government and communities were included in the survey team itself.

152. When the survey was conducted, both officials of local towns and village representatives were invited to participate. During the survey, the team members consulted with APs and explained in detail the importance of project, discussed the project benefits and impacts, the compensation policies for land acquisition and resettlement, the rehabilitation measures and the implementation schedule.

153. During the RP preparation, extensive discussions were held with relevant agencies and key stakeholders, including officials from Jinchao Economic Development District, Chonggang Township, Zhongling Sub-district and affected villages in order to identify basic opinions and any concerns with the land acquisition and resettlement, compensation policies and any other key issues needing to be resolved. The results of the consultations have been incorporated into the RP as far as possible. Meanwhile, the representatives of affected villages and towns also participated in the field survey. Consultation with key stakeholders and APs has also played an important role in selecting suitable resettlement sites. For example, the desires of APs to have replacement house plots as rehabilitation and general location of such resettlement are considered in selecting resettlement sites in the project areas.

6.1.2 Public Participation and Consultation Measures 154. Participation and consultation with APs is being undertaken in two ways: i) face to face meetings and ii) the sample survey of AP’s opinions and desires. As mentioned these methods enabled the APs to get an understanding of the project purpose, importance and project activities and allowed for issues and concerns regarding the resettlement to be discussed and resolved. The resettlement plan team made great efforts to promote effective public participation and stakeholder consultation, allowing and facilitating the preparation of the RP that will satisfy the APs needs.

44 Compared with the draft RP, the RIB updated the compensation polices and standards.


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155. During RP implementation, further stakeholder consultation including face to face meetings and household surveys of the APs will be conducted to collect the APs’ opinions and their desires to further improve the resettlement implementation.

156. In order to ensure that the APs and local government can fully understand the RP in detail, from the start until the delivery of the project, PRC laws and regulations on resettlement has been made known to the APs through a number of approaches including public participation and consultation (face to face meeting and written notices) and through media communications (TV and newspapers). This will ensure that that APs will be kept fully informed about the indices and quantities of the losses, the methodology to calculate the compensation rates, compensation entitlements, rehabilitation measures, disbursement and uses of resettlement fund proceeds, and preferential policies. The resettlement information will be publicized to the residents in the resettlement locations so that they can gain further knowledge on land acquisition, compensation rates and uses of funds. This will ensure that the resettlement process is transparent and that trust and support is gained from the APs.

6.2 Consultation and Participation during RP Preparation 157. During the preparation and finalization of this RP, stakeholders have taken part in a series of C&P activities:

(i) Between March and July 2011, the project management office (PMO), the RP preparation team, representatives from the affected villages and subvillages and APs all participated in the preliminary land loss census and socioeconomic surveys. During the RP preparation, the PMO and RP preparation team visited the affected villages and subvillages to hold several rounds of face to face consultation discussions and to undertake sample questionnaire surveys obtaining stakeholder opinion and suggestions. This included suggestions related to the selection of the resettlement locations, rehabilitation measures and policies on the LA&R.

(ii) The PMO and RP preparation team have initiated several public awareness meetings in April 2011 attended by local government agencies, leaders of the affected villages and representatives of the APs to introduce and explain the prevailing resettlement policies issued by national, provincial and municipal governments and also to get their opinions on how to minimize the project impacts, how to resettle the APs and the compensation rates of various losses. All the concerning issues were extensively discussed and consulted upon.

(iii) During the resettlement planning process, the resettlement information was also publicized to the residents in the resettlement locations through meetings attended by the leaders of villages and the resident’s representatives.

(iv) In May and June of 2011, with the assistances of the various authorities of the affected area, a questionnaire survey of sample HHs was conducted. A questionnaire was distributed to 115 affected HHs. The questionnaire covers the basic socioeconomic conditions of the affected HHs, APs’ resettlement desires and knowledge of the project.

(v) Between May 2011 and August 2013, the officials and experts of ADB visited the affected area for more than 10 times and got information about APs’ attitude, requirements, resettlement sites, and etc. These consultations further enhanced APs recognition of the project.

(vi) The coordination department and engineering department of IAFIDC frequently consulted with affected villages and subvillages after the project was approved and initiated, which deepened the communication among IAFIDC, village leaders and


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APs. During these consultations, project information including the RIB was dissimulated to APs.

(vii) In March 2011 and May 2012 Jiangxi Academy of Social Sciences interviewed more than 500 APs, held 6 meetings on resettlement planning related issues with village leaders, township and subdistrict officials, old-aged persons, women, . Opinions expressed have been adopted in the RP and reported to stakeholders and Fuzhou Municipal Government. The opinions expressed by the APs and accommodated in the RP include unified standard for land compensation and increase in houses compensation rates, choice of resettlement plots, and subsidy to vulnerable groups.45

(viii) In late September 2011, after completion of draft RP, a workshop was held with a number of officials and representatives APs participated. The workshop introduced the RP, scope of impacts, compensation policies and rehabilitation measures. Comments and recommendations on the proposed resettlement program for the affected villages and individuals were collected and questions were answered by the project sponsor and local government agencies.

(ix) During the final design and detailed measurement surveys and finalization of this RP from October 2012 to Oct 2013, a series of consultation were carried out among IA, the design institute, Fuzhou Land and Resources Bureau, township and subdistrict authorities, affected villages and sub-villages, and APs. More details are given in Table 6.1

158. Table 6.1 summarizes the C&P activities during the RP preparation.

Table 6.1: C&P during RP Preparation Time Location Participants Content/activities Main Results

Mar. to July 2011

34 village groups and 6 villages

Officials of Chonggang Township and representatives of 6 villages

Impact survey of all acquired land areas and all demolished houses by the project components

A complete review of all impacts of land acquisition and resettlement by the Project

Apr. 2011 15 village groups

Village officials and individuals

Introduction of Project, and collection of opinions on compensation and rehabilitation

Conduct social economic survey (questionnaires and small group discussions), among affected villages and HHs

25 Apr. 2011

Chonggang Township Office

ADB mission, PPTA consultant, Township officials, village representatives

Introduction of Project, ADB Policy and collection of opinions on compensation and rehabilitation

To ensure a better understanding of ADB resettlement policies and project compensation and rehabilitation approach by AP

25 Sept. 2011

Project Office PPTA consultant, Township officials, district agencies,

Introduction of draft RP and collection of comments and opinions on compensation and rehabilitation

Disclose draft RP, collected comments and recommendations on compensation rates and rehabilitation measures (e.g.

45 Compensation rates in the first draft RP and this final RP for affected houses and facilities significantly increased if

compared with the draft RP.


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Time Location Participants Content/activities Main Results

village representatives

higher house compensation and higher transfer subsidy)

April~May 2012

35 village groups and 6 villages

IA, Officials of Chonggang Township and Zhongling Subdistrict, and representatives of 6 villages

Detailed measurement survey of all acquired land areas and demolished houses by project components, which included participation of the affected persons.

A complete and updated scope of impacts for the Project, including different types of land areas and different types of houses and structures as well as number of HHs to be relocated.

June 2012 Zhujia and Xianxi Villages

IA, ADB resettlement and gender officials, Jiangxi Academy of Social Science, and Chonggang Township

Consultations on proposed project, land acquisition and demolition impacts, feedback on proposed housing sites, and so on

Both two villages were pleased to discuss proposed resettlement sites, compensation policies, and economic rehabilitation prospect for the Project

Oct. 2012~May 2013

All subvillages

IA, the design institute, FLRB, township and subdistrict authorities, affected villages and sub-villages, and APs

Detailed measurement survey, survey and initial confirmation of relocation options, dissimilation of latest LA&R polices

DMS results publicized, latest policies dissimulated.

August 2013


Township and subdistrict governments, IA

Disclosure of DMS results Distribution of Government Decree No. 25 (2013) on House Demolition on Collective Land, Compensation and Resettlement

Distributed to all affected subvillage and APs.

Oct 2013 All subvillages and APs

Township and subdistrict governments, IA

Distribution of Government Decree No. 74 (2013) on Adjustment of Replacement Costs of Rural Housing in the Urban District Disclosure of draft design for the rural relocation site

Government Decree was disclosed to all subvillages and APs Design was publicized in the 10 affected subvillages.

6.3 Consultation and Participation Plan during RP Implementation 159. Through this RP, the FCIDC will take measures to enhance public awareness and participation. A public consultation and participation plan and schedule has been developed for this purpose. The APs are encouraged to take an active part in the course of RP implementation.


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6.3.1 Participation in Housing Relocation 160. Compensation Rate for the Housing Demolition. The compensation standards for housing will directly affect the interests of the relocated household. Before the homes are demolished, the relevant resettlement authority will consult, negotiate and sign an agreement with the relocated household regarding the compensation. The results of agreements will be declared publicly after the agreements are signed, so as to put the resettlement under public supervision. During the workshop in September 2011, the key comments raised by APs included that the proposed compensation for homes and attached facilities were based on the 2009 decree, which is relatively low. For example, the compensation rate for brick-concrete structure houses are only CNY 370/m2 and a brick wood structure house is only 280–300/m2. Secondly, the transitional subsidy is also considered not to be sufficient to cover the cost of rental housing during entire transition. APs suggested increasing house compensation and transitional subsidy. In response, officials of the local relevant agency indicated to the affected people in the workshop that the 2009 decree is being updated by Fuzhou City Government. The updated rates will be applied to the project once it is adopted. According to draft regulation, temporary transit compensation will be set at CNY6 per square meter. For most of those who will be resettled in the new housing sites, the transitional compensation will be paid between compensation agreement signed and time of receiving new housing plots plus 3 months as construction period.

161. House Relocation Sites and Resettlement Modality. During the RP preparation stage, a survey was carried out for selection of the resettlement sites and deciding house resettlement modalities. According to the results of resettlement survey, most affected households are willing to select the resettlement scenario of being resettled in location nearby to their own villages. After consultation with relevant planning department and affected villages, one resettlement site has been selected. There are only three affected villages. Because of the whole area will be urbanized, only concentrated resettlement site is proposed. The local government will provide corresponding assistance to them at different stages of housing demolition. The assistance will include development of new resettlement housing sites agreed upon by the affected people, providing related infrastructure on the site, and allocating housing plots or apartments to all affected households.

162. Treatment of Original Old House. All relocation households will be compensated. The households may demolish the original housing before building new housing or according to their own wishes. The materials of the old housing can be used by the APs.

6.3.2 Participation in Production Resettlement 163. All individuals of village groups will participate in the readjustment of their remaining farmland holdings among their villages and redistribute all land compensations among all village group members so that they could use these funds to engage in various farming or on-farming activities. Such practice is agreed with all villagers. As outlined above, special attention will be paid to the vulnerable households and households who rely on most of their income on farming.

6.3.3 Participation in Disbursement and Management of Compensation Funds 164. In principles, the compensation for the land will belong to all members of affected subvillages. All land compensation will be distributed evenly among all members in affected subvillages. The fund cannot be used until these have been discussed and agreed in a meeting attended by all village members and will be supervised by the villagers’ representatives. For acquired land areas under the Project, all compensation will be distributed among members of affected subvillages.


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6.3.4 Participation in Project Construction 165. The project construction will cause a number of impacts on local communities. In order to ensure the APs benefit from the project construction as far as possible, the local villagers/residents will be actively encouraged to take part in the construction activities, and favorable conditions will be created to use local materials and local labor forces.

6.4 Participation of Women 166. The project proponent and local governments have, since the outset of the project, attached high importance on the roles that women play in the RP. Demands of women and women headed households will be considered in full during RP implementation. The affected people will be informed about content of the RP through distribution of resettlement information booklet or other methods.

167. Women play an important role in economic development activities and housework and have equal rights, interests and social status in the affected area. Especially in rural areas, most women generally stay at home, and more and more men seek out off-farm jobs in the urban areas. Besides family responsibilities, women play an important role in farm and off-farm activities. Therefore, in the project affect area, it has been noted that women have shown more enthusiasm than men for the project. They are not only keen to take part in every stage of resettlement activities but also are keen to play an outstanding role in the consultation regarding the direction in which the APs are to be resettled and the resettlement modalities.

168. During the surveys, all directors of all women unions in affected villages were invited to participate in order to improve communication with affected women. In the small consultation meetings, more than 45 percent of participants were female. Besides supporting the project actively, they have showed that they pay close attention to the accuracy of surveyed physical indices, rationality of compensation standard and whether the rehabilitation can be realistically be achieved.

169. In the RP formulation, the RP preparation team actively invited the female APs to attend the stakeholder consultation discussions to obtain their opinions, concerns, requirements and issues on various aspects including the plans and measures of livelihood rehabilitation and income restoration. These consultations helped reduce the female residents’ worries about future income sources and the possible changes of traditional livelihood, ensuring that women can equally benefit from the project.

170. In addition, at least one female staff member is to be assigned to each of the RP implementation agencies, which will help facilitate and encourage women to participate in the RP implementation process. The resettlement implementation agencies and relevant authorities will attach further importance to female participation in resettlement activities, particularly through their livelihood rehabilitation and strong priority will be given to women for the employment opportunities generating from project construction.

171. Community based women’s association’s monitoring of various activities such as employment and training programs outlined in the Gender Action Plan will further strengthen their level of participation.

6.5 C&P Plan During RP Implementation 172. The resettlement implementing agencies will conduct further public participations during resettlement implementation according to the plan presented in Table 6.2.


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Table 6.2: C&P Plan during RP Implementation Purpose Mode Date Participants Topics

Disclosure of final RP

Township and subdistrict, Village, subvillages,

Nov 2013 IA, Fuzhou RO, Zhogling subdistrict RO, Chonggang , Township RO, villages and subvillages

Disclourse of final RP and explanation of changes (different form the RIB, if any)

Land acquisition and resettlement

Village and subvillage meetings, visiting individual HHs

Nov 2013- April 2014

IA, Fuzhou RO, Zhogling subdistrict RO, Chonggang , Township RO, villages and subvillages, APs

i) Agreement on affected land and non-land assets ii) Negotiation and agreement on compensation standards and mode of payments

Determination and implementation of income rehabilitation plan

Sub-village meeting (many times)

Nov 2013~Dec 2016

Ditto Discussion of the final income rehabilitation plan and the plan for use of compensation fees

Training Subvillage meetings

Jan 2014~Dec 2016

JEDZ, Fuzhou Municipal Labor Bureau, Fuzhou Municipal Agricultural Bureau, township government, etc.

Discussion of training needs and establishment of scheme Carrying out training

Monitoring

Village, subvillage and APs’ participation

Nov 2013~ Dec. 2016

Monitor, ROs of various levels, village officials, APs

i) resettlement progress and impacts ii) compensation disbursement iii) information disclosure iv) livelihood restoration and housing relocation

6.6 Disclosure of Resettlement Policy and RP

6.6.1 Clarify the Compensation Policies 173. Following the Land Administration Law, prior to land acquisition, the affected villages will be informed about the compensation scheme, which includes compensation standards for both land acquisition and house demolition. All specific compensation rates and amounts will be publicized again at least 1 month prior to the implementation of land acquisition and resettlement.

6.6.2 Resettlement Information Disclosure 174. Detailed resettlement information will be disclosed to ensure that the local government and people in the affected areas know the details of the resettlement plan and compensation regulations and standards. The resettlement information to be disclosed covers latest compensation policy and resettlement measures, the entitlements and grievance procedures. Resettlement information will be disclosed to all affected persons. This Resettlement Plan will be uploaded on ADB website, and will also be available in township and subdistrict offices, and put in local libraries to facilitate the APs to read with an official notification displayed in the project affected villages.


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6.6.3 Holding Meetings 175. Public meetings will be held to explain relevant policies, laws and rules and compensation criteria in detail so that the APs know these before the implementation of land acquisition and resettlement and to discuss resettlement options and preferred plans for house relocation and livelihood rehabilitation. This includes the scheduling of resettlement activities in a manner that is convenient for APs.

6.6.4 Community Participation 176. The affected communities will be encouraged to participate in housing relocation and livelihood restoration, especially for the seriously affected subvillages. Assistance from the All China Women’s Federation’s (ACWF) and Social Affaires Bureau will ensure that women and elderly are fully informed and participate in the preparation and implementation of house relocation and livelihood restoration activities. Community-based monitoring and evaluation (M&E) will also be encouraged to provide regular feedback to the IA and local governments.


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7. GRIEVANCE REDRESS MECHANISMS

177. The public participation is always encouraged in the process of compiling and implementing of the RP. There might be some unforeseeable problems occurring in the process. In order to solve problems effectively and ensure the project construction and land requisition is carried out successfully, a transparent and effective grievance and appeal channel has been set up. The basic procedures for grievance are as follows:

Stage 1 If APs have any dissatisfaction with RP or implementation, they may report to their village committee or the local resettlement office (RO)46 in oral or in written form. If an oral appeal is made, the village committee or local RO will record it on paper and process it. Village committee or local RO will make a decision on or resolve it in two weeks; in case the complaints are beyond the capacities of village committee or local RO, they will report to the Fuzhou Municipal RO for guidance. AND/OR

Stage 2 If the APs who lodge a complaint are not satisfied with the results of Stage 1, they may lodge grievance to the RO of the sub-project component within one month after receiving the decision of Stage 1.47 The latter will make a decision on or resolve it in three weeks. AND/OR

Stage 3 If APs are still not satisfied with the decision given in Stage 2, they may lodge grievance to the PMO of FIDC within one month after receiving the decision. The PMO will make an arbitration decision within four weeks.

178. The AP can at any time appeal to the civil division of a people’s court for a final resort according to the civil court procedure.

179. APs can appeal on any aspect of resettlement, including compensation criteria and rates. APs were apprised of their rights for lodging appeals during participation in the public meetings and by receiving resettlement information booklet. At the same time, the grievance and appeal process were publicized among the APs through media. The relevant authorities will sort out the opinions and proposals of the APs and the resettlement offices at all levels will process the information in a timely and effective manner.

180. The organizations will accept the grievance and appeals of the APs free of charge, and the reasonable expenses incurred there will be paid by the project from the contingency of this RP.

181. The aggrieved person may also express grievance to the external monitor, who would then report it to PMO. If there is more than one household with similar grievances that stemmed from a violation of ADB's safeguard policy, they may appeal directly to ADB in accordance with ADB's Accountability Mechanism (2012).48

46 i.e., Chonggang Township RO and Zhongling Subdistrict RO, 47 A construction headquarter for each sub-component, e.g, there is a construction headquarter for the Waihuan Road that is currently under construction. There is a resettlement taskforce within the headquarters. 48 http://www.adb.org/Accountability-Mechanism/default.asp

http://www.adb.org/Accountability-Mechanism/default.asp


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8. INSTITUTION AND RESPONSIBILITIES

8.1 Institutional Setup 182. A project leading group for the proposed Project was set up by Fuzhou Municipal Government in August 2011. The Fuzhou Investment Development Company (FIDC)49 is the implementation agency where a project management office is established.

183. Under FIDC-PMO, a resettlement department was established. FIDC-PMO will work closely with relevant local agencies, as well as the affected villages and subvillages. The institutional setup for land acquisition and resettlement is shown in Figure 7.

Figure 3: Institutional Setup

184. The resettlement offices (ROs) of Chonggang Township and Zhongling Subdistrict will play a key role for carrying out land acquisition and resettlement. Apart from the institutional setup shown in the figure above, there is also an external monitor.

185. Responsibilities. The responsibilities of relevant agencies are shown in Table 8.1.

49 Locally it is also known as the Fuzhou Urban Development Investment Company.

Subproject or Subcomponent Construction Headquarter

Project Leading Group

Fuzhou Investment Development Company (FIDC)--PMO Fuzhou Municipal Land &

Resources Bureau Fuzhou Municipal Resettlement Office (RO)

Resettlement Department

Township/subdistrict Resettlement Office

Villages, Subvillages and APs


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Table 8.1: Responsibilities of Relevant Agencies Agency Responsibilities

Resettlement Leading Group50

Taking charge of decision and construction of the Project,; Formulating key resettlement policies for the Project Reviewing and approving the RP Allocating of financial resources for the resettlement implementation for the Project

Fuzhou Investment Development Company (FIDC)

Preparing RP Organizing public consultation and participation Disclosing resettlement information, including distribution of RIB Supervising resettlement fund payment Coordinating and supervising resettlement activities and progress Carrying out internal M&E and reporting to ADB Settling conflicts and problems On behalf of the municipal government, building basic infrastructures for the rural relocation site Assisting government agencies to implement RP.51

Fuzhou Municipal Land & Resources Bureau

Making relevant LA&R polices Taking part in RP preparation Payment of compensation to affected subvillages Issuing land occupation license for the Project

Fuzhou Municipal RO Implementing RP Singing LA&R agreements with affected subvillages and APs Directing, coordinating and monitoring township and subdistrict RO to implement RP activities Settling conflicts and problems

Subproject or subcomponent construction headquarter52

Settling LA&R related conflicts and problems of the subproject or subcomponent Coordinating the transfer of acquired land

Chonggang Township & Zhongling Subdistrict ROs

Taking part in RP preparation Assisting municipal agencies and FIDC to implement RP Handle AP’s grievance locally On behalf of municipal land and resource bureau, signing LA&R agreements with affected subvillages and APs Coordinating township/subdistrict level rehabilitation activities

Village Committees & subvillages

Participating in socio-economic survey Participating in preparation of resettlement plan Assisting PMO for public consultation, Assisting ROs to implement RP Reporting AP’s opinions and suggests to authorities Providing assistance to vulnerable HHs

50 It is chaired by a vice mayor. Members of the group include senior officials from various municipal government

departments, including FIDC, Land and Resources Bureau, Fuzhou RO, JEDZ, Chonggang Township, Zhongling Subdistrict, and etc.

51 County Government and above are the authorized bodies to acquire land in China. 52 During construction, headquarter will be set up for each of the four roads under the road construction component.


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Agency Responsibilities

External Monitor Providing technical support to land acquisition and resettlement. Monitoring RP implementation Reporting to PMO and ADB

8.2 Capacity Building 186. A social safeguards capacity building specialist will be engaged under the consultancy services to strengthen the institutional capacity of the EA/IA to implement the resettlement plan including implementation of livelihood restoration measures. The terms of reference (ToR) for the expert is attached as the Appendix 7.

8.2.1 Staff Training 187. The FIDC will organize a series of training of resettlement staff of key agencies on: (i) ADB’s policy requirements on involuntary resettlement; (ii) national polices; and (iii) good practices of similar projects in Jiangxi and other provinces (see Table 8.2). The training on these policies and specifically on implementation of the RP will start in Oct 2013.

Table 8.2: Training Plan for Capacity Building

Date Location Training method Target Content

Oct 2013 Fuzhou Lecturing Resettlement staff at all levels

Final RP briefing RP Implementation management ADB’s safeguard policy requirements Latest national and local policies

July-Aug 2014 Domestic Study tour Key resettlement staff

Field visit to other ADB or domestic projects Planning and implementing rehabilitation measures

8.2.2 Measures to Strengthen Capacity Building 188. In additional to the various training arrangements, the following measures will be taken to strengthen the capacity building:

(i) FMG and FIDC will have sufficient staff, fund and equipment; (ii) FIDC will establish resettlement related database. (iii) Quarterly coordination meeting will be organized by FCIDC among all involved

agencies.

(a) Supervision and Monitoring Organizations 189. As the project management agency, the project resettlement management office set by FCIDC shall preside over and check internal monitoring, prepare the progress report on the LA&R on the regular basis and report to Fuzhou Project Management Office. It will also identify any issues and problems incurred during the implementation of the RP and propose suitable remedial measures for the relevant agencies to take forward, so that the duties and responsibilities of resettlement institutions at all levels in the course of project implementation can be soundly performed, their activities can also be coordinated satisfactorily and the RP implementation status can be held.

190. The external monitoring agency will: provide technical consultation advice to internal monitoring and management of the project management office; provide overall information of the


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resettlement implementation to the municipal project management office; and report resettlement progress, problems and treatment suggestions to the IA.

(b) Resettlement Management System. 191. The project proponent responsibility systems, project supervision system, project bidding system and contract management system will also be adopted in the RP implementation management process. The project resettlement management office affiliated to FIDC undertakes the responsibility to manage the RP implementation activities, tendering and bidding of specialty and infrastructure construction; engages the independent agency to conduct external resettlement monitoring on the RP implementation. In addition, a computerized resettlement information system that connects with all the resettlement management offices is required to be developed to properly manage all the resettlement data and records.

(c) Staffing and Facility Provision for Resettlement Organizations 192. Staffing. To ensure smooth implementation of the RP, all the resettlement implementing agencies and management agencies will be staffed with competent and qualified personnel, which will help facilitate and improve information flows among the resettlement agencies. The staff will be administrative clerks and professionals with management qualifications and work experience of resettlement. 193. Provisions of Equipment Facilities. The equipment facilities refer to the offices of the resettlement agencies that will be equipped with offices, vehicles, office facilities and equipment, communication equipment, etc. The costs to purchase the equipment and facilities are planned by resettlement agency and incorporated into the preliminary expenses of resettlement cost estimates.

(d) Training Plan 194. The training program for APs and management staff at the resettlement agencies will be formulated and carried out to ensure that the RP can be implemented effectively. The training programs include: resettlement implementation and management for the administrative staffs of the resettlement management agencies.

195. Resettlement Management Staff Training. The resettlement personnel training and human resource development system for the agencies of various levels from the municipal level down to the village will be developed. Various types training methods can be adopted including leader/expert lectures, technical seminars/workshops, visiting and studying the similar resettlement works in other areas, and on-spot trainings for the technicians and staffs. A total of 100 persons for training will be provided for the staff involved in resettlement and rehabilitation for the Project.

196. Training has been provided by the PPTA consultant and the visiting ADB resettlement specialist during the Missions. During the initial stages, training focus was on the SPS (2009) requirements. Further training on RP implementation and monitoring for the resettlement staff at the PMO will be carried out with the help of experts and in consultation with the ADB.

197. The training modules include the following:

(i) Resettlement principles and policies, including the ADB policy on involuntary resettlement;

(ii) the RP, PRC’s resettlement policies and work procedures etc.; (iii) Resettlement planning and implementation management; (iv) Resettlement implementation planning design; (v) Resettlement schedule management; (vi) Financial management on the resettlement funds;


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(vii) Management information system; (viii) Enhancing public participation and consultation during RP implementation; (ix) Redressing grievances; (x) Resettlement monitoring and evaluation; and (xi) Resettlement activities’ management.

(e) Measures for Strengthening the Resettlement Organizations 198. Measures will include:

(i) At each level the resettlement agency will define its responsibilities and scope of official duties and also strengthen its supervision and management roles.

(ii) The staff of various resettlement agencies will be strengthened gradually, particularly professional and technical staff. Staff at all levels should have a level of professional standards and management quality, and their technical equipment, such as computers, testing equipment and vehicles, will be improved.

(iii) Staff should be selected carefully and their professional skill will be strengthened. Various staff and technicians will be trained to improve their professional ability and management standards.

(iv) Women cadre should be allocated their tasks properly to play their important role in the course of resettlement implementation.

(v) Databases will be set up to strengthen information feedback, where the information is open and the important problems are solved by the leading group of resettlement.

(vi) The report system and internal M&E will be strengthened. (vii) The external resettlement monitoring and early alarm mechanism will be fully

developed. (viii) The GRM will be established and strengthened as required.


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9. MONITORING AND EVALUATION

199. The project will regularly monitor and evaluate (M&E) the implementation of the LA&R activities in order to ensure that the resettlement work is implemented successfully and it achieves the target of appropriate livelihood restoration for the APs in accordance with the requirements of ADB. These include both internal and external monitoring.

9.1 Internal Monitoring 200. The aim of internal monitoring is to ensure supervision responsibility of the resettlement organs as specified in the RP during implementation, and ensure that the Project is implemented smoothly and the APs’ legal rights are not compromised. Internal resettlement monitoring activities will be undertaken by the Project Management Office within FIDC, which has a full-time staff, taking charge of internal monitoring

201. PMO will develop an internal monitoring framework to supervise the resettlement activities; it will establish a database for the land requisition, housing relocation and resettlement; and it will monitor the whole process of resettlement.

202. During the implementation stage, the resettlement offices at all levels will establish relevant sections of the database and update them along with the resettlement progress for planning the resettlement work in their own areas. They will also timely transfer the on-going activity records and report the resettlement implementation progress to the resettlement office so that a continuous monitoring can be realized.

9.1.1 Objectives of Internal Monitoring 203. The objectives of internal monitoring are:

(i) To enable the resettlement organization to maintain strong functioning during the whole implementation process;

(ii) To coordinate all departments’ work; (iii) To take hold of the situation of resettlement implementation whenever required; (iv) To ensure all responsible units keep the principles of the RP and implement LA&R

according to the set timetable; and (v) To identify problems and find appropriate solutions in a timely manner.

9.1.2 Elements of Internal Monitoring 204. The elements of internal monitoring include:

(i) Allocation and utilization of the resettlement compensation; (ii) Land acquisition certificates and building permits for resettlement sites; (iii) Design and preparedness of resettlement sites; (iv) Allocation of housing plots and apartments in the later case wherever APs opt for

these; (v) Support to vulnerable groups and other households at risk; (vi) Training of the APs; (vii) Women’s livelihood restoration, safety, habitability; (viii) Scheduling of all land acquisition and resettlement tasks, and relationship to the

civil works schedule; (ix) Implementation of the policies in RP;


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(x) Public participation and consultation during implementation; (xi) Grievances and appeals, the process and the results; (xii) Staffing, training, work schedule and work effectiveness of resettlement offices at

all levels; and (xiii) The availability of budget and flow of funds. (xiv) Implementation of livelihood restoration programs.

9.1.3 Responsibilities of Internal Monitoring (i) To coordinate EA, authorities and the external monitoring agency. (ii) To formulate relevant formats according to the monitoring contents and require EA

to makes a monthly progress to report to authorities and PMO of ADB. (iii) To supervise staff checks, surveys and to participate in the project every month

and participate in the inspection and acceptance of the project. (iv) To supervise the implementation of the annual working plan, fund use and the

annual fund audit organized by the internal monitoring agency and province authority.

(v) To report project implementation progress to ADB on a quarterly basis included in the QPRs to ADB and be able to consult with authorities anytime matching the desired need.

(vi) Prepare a resettlement completion report within one year of LAR activity completion submit to EA and ADB.

(vii) Quarterly project progress reports to include the status and progress of the resettlement plan implementation.

9.2 External Monitoring 205. The FIDC with the concurrence of ADB will engage an independent agency as external monitor. The terms of reference (TOR) for the external monitor is attached to this RP (Appendix 8). The external monitor will assess:

(i) Whether the relevant state policies of LA&R are being followed; (ii) Whether the resettlement policy of ADB is being met; and (iii) Whether APs’ living conditions and livelihoods are improving.

206. The external monitor will conduct a baseline survey, carry out routine monitoring during resettlement implementation and provide technical assistance to PMO for internal monitoring.

9.2.1 Objectives 207. Monitoring and evaluation is one of the most effective tools in the resettlement project management program. The objectives of the independent M&E is to provide the evaluation to resettlement work with an overarching view point and to evaluate whether the objectives of resettlement are being achieved, in terms of delivery of all entitlements included in the RP, implementation of all required mitigation and rehabilitation measures agreed in the RP, and whether the income and livelihood of affected people have been restored or improved through resettlement and rehabilitation. The monitor will trace the resettlement activities, provide evaluation opinions and suggestions over whole course of resettlement and APs’ rehabilitation of living and production, and provide the option channel for APs. It will also ensure that the plan and implementation of resettlement meet the state law and regulation requirements and ensure that project achieves its objectives.


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9.2.2 M&E Contents 208. The monitor will affirm the extent to which APs (i) obtain their rights and interests on time and (ii) rehabilitate their standard of production, income and living. The contents of external monitoring are: (i) operative efficiency of IA and relevant government agencies involved in LA&R; (ii) implementation schedule of resettlement; (iii) compensation and living substitution of land acquisition and housing demolishment; and (iv) following survey analysis of APs’ standard of production and living. The details of external monitoring are as follows:

(i) Baseline survey among affected people in order to have a basic understanding of income and livelihood of the APs prior to the implementation of resettlement program.

(ii) The monitoring and evaluation during the resettlement implementation: including public consultation and the APs’ participation during resettlement, especially participation of women and other vulnerable groups, complaints and appeals.

(iii) Assess the provisions of APs’ rights and interests including APs’ understanding of their rights and interests during resettlement, such as whether they could get compensation, how much compensation they could get, whether they could get it on time; whether they could get resettlement interim subsidiary and relocation allowance on time; the preparation of resettlement location and whether the location site is adequate.

(iv) The rehabilitation of production and living resettlement including AP’ production resettlement, APs’ skill training, APs’ participation into endowment insurance, AP’ employment assistance, APs’ employment condition, etc.

(v) Using the survey analysis of APs’ livelihood and living including the index contrast of APs living evaluation between pre-resettlement and post-resettlement, and evaluating the change of APs’ living quality.

(vi) The operation evaluation of EA including the APs’ satisfaction to the RP implementation, the problems in the resettlement, analysis and conclusion of experience and lessons draw from the project.

(vii) Effectiveness of livelihood training program. (viii) Compensation payment status for Waihuan Road covered under the Due

Diligence Report as Appendix 9 of this RP. 209. During the monitoring, vulnerable groups should be monitored carefully including change of status, effect and condition of women in the community; the difficulties of the poor HHs, the disabled, the elderly and other vulnerable groups during resettlement and post resettlement.

9.2.3 Methods and Procedure 210. The methods include sample household survey, consultations, review of resettlement documents of the project, on site picture and video taking, etc.

211. The independent monitoring and evaluation steps include:

(i) Establishing the project, and defining M&E objectives, contents and requirements. (ii) Formulating detailed M&E. (iii) Formulating the survey outline and tables. (iv) Designing the survey plan and defining sample HHs. (v) Baseline and the first survey. (vi) Establishing an M&E information system.


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(vii) EA Monitoring. (viii) Sample household monitoring. (ix) Sorting monitoring information and establishing a database. (x) Analysis of survey data. (xi) Writing the M&E report and submitting it to PMO and ADB.

9.2.4 Reporting Schedule 212. The external monitor will submit its monitoring report to PMO and ADB semi-annually. The reporting schedule is shown in Table 9.1.

Table 9.1: Reporting Schedule of External Monitor No. Report Date 1 Baseline survey report Jan. 2014 2 1st monitoring report July. 2014 3 2nd monitoring report Jan. 2015 4 3rd monitoring report July 2015 5 4th monitoring report Jan 2016 6 5th monitoring report, if needed July. 2016 1st evaluation report Dec 2016

7 2nd evaluation report (post assessment) 2017

213. Post Assessment of the Resettlement. After the completion of the LA&R, upon the provision of a completion report by PMO, the external monitor will conduct a post-project evaluation and prepare two evaluation reports for two subsequent years following resettlement completion to summarize resettlement activities and successful experience and lessons. This report could be a valuable reference for subsequent resettlement of other projects.


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10. RESETTLEMENT BUDGET

10.1 Basic Costs 214. Basic costs refer to all the compensations for affected land and properties plus various allowances and subsidy.

10.1.1 Land Acquisition 215. The cost for permanent land acquisition is CNY 63.50 million, including CNY 61.63 million for land compensation and CNY 1.87 million for standing crops. Details are shown in the table below.

Table 10.1: Permanent Land Compensation Cost

Item Unit Quantity Land Compensation Standing Crops Total Cost

(CNY) Rate (CNY/mu)

Cost (CNY)

Rate (CNY/mu)

Cost (CNY)

Paddy Land mu 1,345.8 34,164 45,977,911 1,000 1,345,800 47,323,711 Dry Land mu 85.4 22,890 1,954,806 800 68,320 2,023,126 Sloping Land 284.2 22,890 6,505,338 800 227,360 6,732,698 Vegetable Land mu 94.6 34,164 3,231,914 1,500 141,900 3,373,814 Water Pond mu 82.4 34,164 2,815,114 1,000 82,400 2,897,514 House Plot mu 46.8 22,890 1,071,252 - 1,071,252 Irrigation Canal* mu 2.2 35,164 77,361 - 77,361 Total 1,941.4 61,633,696 1,865,780 63,499,476 Note: *Applied rate for dry land 216. There is no compensation budget for temporary occupied land because the project will not temporarily occupy any land during construction.

10.1.2 Costs for Affected Houses and Facilities 217. The compensation for 446 affected houses and attached facilities will be CNY 83.161 millions, details are shown in Table 10.2.

Table 10.2: Cost for Affected Houses and Facilities

House/facility Unit Quantity Compensation Rate (CNY/unit)

Cost (CNY)

Houses Brick-concrete m2 70,853.4 610 43,220,574 Brick-Wood m2 72,133.3 440 31,738,652

Simple m2 12,655.8 250 3,163,950 Subtotal 155,642.5 78,123,176

Facilities Animal pen m2 1,355.4 180 243,972 House

Foundation m2 9,421.4 150 1,413,210

Hand pump well No. 317 980 310,660 Cement ground m2 8,958.9 65 582,329 Enclosure well M 1,560 98 152,880

TV receiver Set 174 400 69,600 Set phone Set 17 128 2,176

Electricity meter No. 156 200 31,200 Water tank No. 16 2000 32,000


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House/facility Unit Quantity Compensation Rate (CNY/unit)

Cost (CNY)

Broadband internet No. 41 200 8,200

Biogas digester No. 96 2,000 192,000 Others Lump sum 2,000,000

Subtotal 5,038,227 Total

83,161,403

10.1.3 Cost for Rural Resettlement Site Preparation 218. A site of about 232mu is reserved for some affected HHs to build own relocation houses under unified planning. The project will need to do land preparation (leveling) and to build basic infrastructures (access road, water and power supply, etc.). Based on experience in Linchuan District, the cost for site preparations, including the construction of basic infrastructures, is CNY 20.0 million. The average cost is about CNY 80,000/mu.

10.1.4 Cost for Xiangtan Garden 219. The total investment for Xiangsng Garden, 907 apartments for this and other projects’ relocation HHs, will be about CNY 320 million. This cost is not included in the overall resettlement budget of this project

10.1.5 Relocation Allowances and Subsides 220. The costs for relocation allowances and subsides amount to CNY 12.722 million; including:

(i) Transitional allowance of CNY 7.721 million, which is based on the floor area of demolished main houses and an average transitional period of 9 months53, and the transitional allowance is CNY6/m2. Therefore, the total transitional allowance is CNY 6/month/m2 * 9 months * 142,986.7m2.

(ii) Moving allowance of CNY 0.714 million, which is CNY 1,600 for each relocation HH. (iii) Relocation incentive of CNY 1.427 million, which is CNY 3,200 for each HH. (iv) Reward of CNY 2.860 million for rural resettlement HHs, which is CNY40 per m2 of

acquired main houses, and assuming 50% of affected HHs will take this option and all concrete and brick-wood houses are counted as main houses.

10.1.6 Vulnerable Group Subsidies 221. The subsidies of vulnerable groups will amount to a total of CNY 0.410 million, which is CNY2000 for each of the 205 vulnerable people from 104 HHs.

10.1.7 Costs for Public Infrastructures 222. The provision for affected public infrastructures is CNY 30.0 million. The affected public infrastructures include power and telecommunication facilities, optical cable, pipelines, and etc.

10.2 Other Costs 223. Other costs amount to CNY 76.949 million, including:

53 The transitional period starts from the date of singing agreement with the project to the date of obtaining keys to the

relocation apartment or the date of completion of self-built main house, plus another 3 months.


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(i) Administration costs of CNY 8.39million, which is calculated as 4.0% of the basic cost. Administration cost include daily management expenses, staff expenses, staff training, office equipment and vehicles, internal M&E, etc.

(ii) External M&E cost of CNY 0.8 million, which is about 0.4% of the basic costs. (iii) Land taxes and government administration charges of CNY 66.757 million,

including: Farmland occupation tax of CNY 36.202 million, which is CNY 30/m2. Farmland reclamation fee of CNY 27.15 million: which is 10 times of the

average annual output value of CNY 1,500/mu. Government land acquisition administration fee of CNY 2.464 million, which is

4% of the total land acquisition cost.54 Flood control and security fund of CNY 1.491 million, which is CNY1,000/mu

for all land to be acquired.55 (iv) Endowment insurance capital and elders pensions from government. 56 This will

amount to about CNY 45.0 million,57 but will not be covered by the project. Instead this will be from the municipal government’s budget from time to time.

(v) Skill training cost of CNY 330,000, which is CNY 100 per person- time, but this cost will be covered by government budget. A total of 3300 person-time training will be organized for APs. A budget of CNY 100 per person-time will be required for the training. A person-time denotes an AP who takes part in the training once. 58

(vi) Investment for the relocation apartment of CNY 320 million, but covered by the real estate developer.

10.3 Contingency 224. The contingency LA&R are CNY40.853 million, which is estimated at 20% of the basic costs.

10.4 Total Investment Budget 225. The total budget of the LA&R will be CNY 328.667 million, the details are summarized in Table 10.3.

Table 10.3: LA&R Budget No. Item Cost (CNY)

1 Basic Costs 1.1 Compensation for land 61,606,693 1.2 Compensation for standing crops 1,865,780 1.3 Compensation for affected houses 78,123,176 1.4 Compensation for attachments 5,038,227 1.5 Treatment of rural relocation site 20,000,000

54 It is 4% in JEDZ; while it is 3~4% in Jiangxi Province. 55 It is CNY1,000/mu in planned urban area and CNY 500/mu in rural area according to the provincial regulations. 56 Government contributes 60% of the capital for 15 years for about 465 APs eligible for endowment insurance and 155

APs eligible for elders living allowance-See Section 5.4. 57 CNY 800 per person per month for endowment insurance, government contributes 60% for 15 years, totally 465

persons eligible; this totals to CNY 40.176 millions. CNY 160 per month per elder, purely from government budget, 155 persons eligible, 15 years each; so it totals CNY 4.752 millions.

58 The cost for the skill training is to be covered under local government budget and is not included in the project budget in Table 10.3.


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No. Item Cost (CNY) 1.6 Transitional allowance 7,721,282 1.7 Moving subsidy 713,600 1.8 Incentive for timely relocation 1,427,200 1.9 Reward for rural resettlement 2,860,000 1.10 Vulnerable subsidy 410,000 1.11 Compensation for public infrastructures 30,000,000

Subtotal 209,765,958

2 Other Costs 2.1 LA&R administration 8,390,638 2.2 Extern al monitoring 800,000 2.3 Farmland occupation tax 36,201,810 2.4 Farmland reclamation fee 27,150,000 2.5 Government administration fee for land acquisition 2,464,268 2.6 Flood control fee 1,941,400

Subtotal 76,948,116

3 Contingency 41,953,192

Total 328,667,266


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11. IMPLEMENTATION SCHEDULE

11.1 Principles for Resettlement Implementation 226. According to the implementation schedule of the project, the construction works started in 2013 and will be completed by Sept 2016.59 To ensure that the resettlement implementation is linked up to the project construction schedule, land acquisition and houses demolition procedure will start from Nov 2013 and end in December 2014. The basic implementation principles of resettlement are:

(i) Land acquisition will be completed 3 months before the commencement of construction.

(ii) During resettlement, APs will have opportunities to participate in LA&R and the project construction activities. Before the commencement LA&R, this RP of the Chinese version will be made available to APs.

(iii) All types of compensations will be paid to property owners directly in full within 3 months from the date of signing agreements with the project. No entity or individual will use the compensation fees for properties on their behalf, and such fees will not be discounted during disbursement for any reason.

11.2 Implementation Schedule 227. The general resettlement implementation schedule of the project has been developed and the specific arrangements may be adjusted in case of variations. The implementation schedule is shown in Table 11.1.

Table 11.1: Resettlement Implementation Schedule


1. Disclosure 1.1 RIB distribution 1,492 copies IA (FIDC) Sept. 2012 Done 1.2 Drat RP distribution to

resettlement offices/villages/AP 50 copies IA Sept.2012 Done

2. DMS, RP Finalization &

Approval

2.1 DMS/final design All subvillages and APs

FIDC, ROs, FLRB

May 2012 ~May 2013

Done

2.2 RP finalization based on DMS IA Oct 2013 Done 2.3 Review and approval final RP &

budget Leading group,

AD Nov 2013

2.4 Distribution of final RP among subvillages, villages, township, subdistrict and government agencies

50 copies IA Nov 2013

3. Capacity Building 3.1 Establishment of resettlement

offices Chonggang Township & Zhongling Subdistrict

FMG June 2012 Done

59 Construction of the Waihuan Road (for 2,580m out of a total of 3,061m) started in February 2013. The LA&R for this

section is presented in a separated due diligence report.


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3.2 ROs’ and resettlement agencies’ capacity building

ROs, FDIC, FLRB

IA Oct 2013 on

3.3 Designate village representatives All affected subvillages and villages

IA Oct 2013

4. Resettlement Implementation 4.1 Commence land acquisition

procedures IA, ROs and

FLRB Dec 2013

4.2 Agreements with subvillages and APs


ROs and FLRB Dec- 2013-April 2014

4.3 Payment of compensation to APs FLRB Jan.~ May 2014

4.4 Completion of land acquisition All ROs and FLRB

March 2014

4.5 Preparation of relocation site for rural resettlement HHs


FMG, FIDC Nov 2013 ~ April 2014

Site reserved

4.6 Relocation apartments construction

905 apartments

Contractor Nov. 2012 ~ Sept 2014

Started

4.7 Construction of own relocation houses


AHs, FIDC, FMG May ~Oct 2014

4.8 House demolition 446 HHs FIDC, ROs, subvillages, villages and AHs

Aug 2014~ Mar 2015

4.9 Move into new houses/apartments 446 HHs AHs, local governments

July~Dec 2014

4.10 Implementation of rehabilitation measures

APs JEDZ, local governments and their line agencies

Jan 2014~Dec 2016

5. Monitoring and Evaluation 5.1 Contracting EM 1 firm IA Nov 2013 Processing 5.2 Baseline survey EM Nov-Dec

2013

5.3 Internal monitoring reports Included in the project’s QPRs 12 reports

IA Jan 2014~Dec 2016

1st report due in Jan 2014

5.4 Baseline survey report 1 report EM Jan 2014 5.5 External monitoring report 4~5 reports EM July

2014~Jan 2017

1st report due in July. 2014

5.6 Completion report 1 report IA Dec 2016 5.7 Post-project evaluation report 1 report EM Dec 2017 6 Civil Works 6.1 Waihuan road 3.06km FIDC, contractor Feb

2013~Dec 2015

Started in Feb 2013

6.2 Other 3 roads 7.77km FIDC, contractor April 2014~Dec 2015


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6.3 Transport Hub FIDC, contractor July 2014~June 2016

6.4 Fenggang River 3.6km FIDC, contractor July 2014~Sept 2016

AHs= Affected Households; EM = External Monitor; FIDC = Fuzhou Investment Development Company Ltd.; FLRB = Fuzhou Municipal Land and Resources Bureau; FMG = Fuzhou Municipal Government; IA = Implementing Agency; RO = Resettlement Office; FLRB = Fuzhou Municipal Land and Resource Bureau.


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APPENDICES

Appendix 1: Land Acquisition by Component and by Subvillage 1. By Component

1.1 Zhanqian Road

Village Subvillage Permanent Land Acquisition (mu)

Paddy Dry land Slope land Vegetable land

Water pond House plot Total

Zhujia No. 10 1.08 34.44 0.04 35.56 No.4 4.4 4.4 No.4 16.39 0.2 16.59 No.4 17.01 1.05 18.06 No.4 0.49 0.49 No.3 3.41 2 5.41 No.3 40.91 38.42 19.26 2.31 10.24 111.14 No.3 7.95 7.82 6.78 0.06 22.61

Total 83.83 49.65 66.88 3.66 10.24 214.26

1.2 Waihuan Road

Village Sub- village

Permanent Land Acquisition (mu) Note Paddy Dry land Slope

land Vegetable

land Water pond

House plot Total

Fengling No.12 4.56 12.88 17.44

This RP No.12 1.8 1.8 No.11 12.17 0.58 12.75

Zhujia No.5 4.45 4.45 No.5 5.98 5.98

Fengling No.5 59.25 0.3 0.7 0.94 1.82 63.01

Acquired No. 5 63.59 3.12 1.6 1.38 1.1 70.79 Zhujia No.5 27.95 5.68 0.36 33.99

No.1 41.95 10.12 0.12 0.98 53.17 Total 215.72 14.12 2.42 8 23.12 263.38

This RP 22.98 0.58 18.86 42.42 Acquired 192.74 13.54 2.42 8 4.26 220.96

1.3 Jinchao Road





Zhujia No.3 19.51 7.25 26.76 No.9 19.07 0.98 0.46 2.67 23.18 No.10 58.65 0.63 8.58 1.32 4.25 73.43 No.10 1.72 1.72 No.9 0.67 0.67 No.11 31.49 0.52 0.62 0.12 3.03 35.78

Fenggang No.8 16.98 16.98 Total 107.12 20.66 37.91 2.42 7.74 2.67 178.52


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1.4 Gandong Road





Zhujia No.8 41.12 27.07 5.59 73.78 No.7 2.2 2.2

No.7 53.65 53.65 No.5 3.39 3.39 Joint 5.62 0.14 5.76 No.4 4.8 1.4 6.2 No.3 69.48 5.53 37.01 1.16 2.64 5.45 121.27

Total 110.6 10.33 128.14 1.16 10.57 5.45 266.25

1.5 Improvement of Fenggang River (Phase II)



Paddy Dry land

Slope land

Vegetable land

Water pond

House plot Total

Fenggang No.12 89.05 0.955 90.01 No.11 19.29 19.29

Zhujia No.4 16.34 0.3 16.64 No.4 6.84 0.9 7.74 No.4 165.70 0.15 5.96 171.82 No.4 195.78 8.03 3.99 3.75 211.55 No.4 1.56 0.96 2.85 10.47 15.84 No.6 6.44 6.87 0.3 13.64

Xianxi No.7 16.88 0.62 17.5 No.8 39.44 0.21 39.65 No.10 61.30 4.16 9.74 13.91 89.11 No.9 22.45 22.45 No.15 12.21 12.21 No.16 30.31 0.62 30.93

Fenggang No.12 89.05 0.96 90.01 No.11 19.29 19.29 No.12 53.97 4.0 57.97

Shangzhang Zengj-ia & Zhao-huang-jia 28.5 0 0 11.71 1.23 41.44

Bailing Peng-fang-tan-jia & Hu-rao-jia 53.64 2 1.71 55.68 4.52 117.55

Fenggang No.6 29.22 12.95 2.7 44.87 No.7 15.83 0.45 16.28 No.8 3.18 3.18 No.11 0.49 11.33 0.36 12.18

Total 960.93 2.96 48.69 82.58 37.52 28.43 1,161.15

1.6 Transport Hub




Water pond House plot Total 合计

Zhujia No.1 48.61 1.19 2.53 5.88 2.13 2.23 62.57 No.5 11.76 2.54 1.23 15.53 No.5 0.72 0.72

Total 60.37 1.19 2.53 8.42 4.08 2.23 78.82


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2. By Village and Subvillage 2.1 Zhujia Village

Sub- village



Water pond

House plot

Irrigation canal Total

No.1 48.6 1.2 2.5 5.9 2.1 2.2 62.6 No.3 118.3 74.7 72.3 1.2 5.0 15.7 0 287.2 No.4 420.1 5.8 1.4 11.0 12.4 14.2 0 464.9 No.5 16.2 0 10.0 2.5 8.1 0 0 36.8 No.6 6.4 0 10.3 0 0 0.3 0 17.0 No.7 0 0 53.7 0 2.2 0 0 55.9 No.8 41.1 0 27.1 0 5.6 0 0 73.8 No.9 0 0 19.7 1.0 0.5 2.7 0 23.9 No.10 59.7 0.6 44.7 1.3 4.3 0 0 110.7 No.11 31.5 0.5 0.6 0.1 3.0 0 0 35.8 Total 742.1 82.8 242.3 23.0 43.2 32.9 2.2 1,168.5

2.2 Xianxi Village

Sub- village



Water pond

House plot


No.7 16.9 0.6 17.5 No.8 39.4 0.2 39.7 No.9 22.5 22.5 No.10 61.3 4.2 9.7 13.9 89.1 No.15 12.2 12.2 No.16 30.3 0.6 30.9 Total 182.6 4.2 11.2 13.9 211.9

2.3 Fenggang Village

Sub- village



Water pond

House plot


No.6 29.2 13.0 2.7 44.9 No.7 15.8 0.5 16.3 No.8 20.2 20.2 No.11 39.1 11.3 0.4 50.8 No.12 232.1 5.9 238.0 Total 320.5 40.1 9.4 370.1

2.4 Fengling Village

Sub- village



Water pond

House plot


No.11 12.2 0.6 12.8 No.12 6.2 12.9 19.2 Total 18.5 0.6 12.9 32.0


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2.5 Bailing and Shangzhang Villages

Village Subvillage


Paddy

Dry land

Slope land

Vegetable

land

Water

pond

House

plot

Irrigation

canal Total

Bailing Zengj-ia &

Zhao-huang-jia

53.64 2 1.71 55.68 4.52 117.55

Shangzhang

Peng-fang-tan-jia &

Hu-rao-jia 28.5 0 0 11.71 1.23 41.44


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Appendix 2: Affected Houses and Attachments 1. Affected Houses

Village Subvillage Project Component Affected Houses (m2) Brick-concrete Brick-wood Simple

Zhujia No.10 Jinchao road 5,406.6 491.6 600.0 No.10 Fenggang river 4,081.0 2,818.8 2,676.9 No.6 Fenggang river 2,570.7 858.6 26.5 No.4 Fenggang river 352.0 7,494.2 635.0 No.5 Fenggang river 10,834.1 29,428.9 2,005.2 No.3 Gandong road 494.8 79.9 No.3 Gandong & Zhanqian roads 22,416.7 13,766.0 1,620.8 No.7 Gandong road 2,440.1 132.1 44.1 No.3 Gandong & Zhanqian roads 13,620.0 4,132.5 1,554.0 No.7 Gandong road 4,077.7 148.0 8.7

Subtotal 66,293.7 59,270.7 9,251.1 Xianxi No.10 Fenggang river 1,819.2 4,644.9 2,863.3

No.9 Fenggang river 1,618.9 1,390.4 76.4 No.15 Fenggang river 1,018.1 1,565.6 134.9 No.13 Transport hub 103.4 5,261.6 330.2

Subtotal 4,559.7 12,862.5 3,404.8 Total 70,853.4 72,133.3 12,655.8

2. Affected Attachments

Village Sub- village A B C D E F G H I J K

Zhujia No.10 436.95 114 8 556.89 36.9 8 1 15 1 No.10 68.8 8 1,459.31 16 5 11 3 2 No.6 1 98 96 5 1 2 No.4 22.3 10 892.12 126.4 No.1 174.08 550.4 53 254.2 72 9 44 13 22 34 No.3 5,252.42 29 3,309.02 418 27 2 8 2 No.3 12 22 147.5 14 10 10

Xianxi No.10 92 3,239.6 150 478.68 16 10 30 16 No.9 561.23 217 8 11 8 No.15 36 8+6 844.6 170 7 12 10 No.13 36 1,320.31 295 15 33 11

Total 1,355.36 9,421.42 317 8,958.93 1,560 174 17 156 16 41 96 A: Animal pen (m2); B: House Foundation (m2); C: Well (hand pump well) (No.); D: Cement ground (m2); E: Enclosure well(m); F: Cable TV receiver (No.); G: Set phone (No.); H: Electricity meter (No.); I: Water tank (No.); J: Broadband (HH); K: Biogas digester (No.)


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Appendix 3: Affected Households and People in Subvillages 1. Permanent Land Acquisition Affected HHs and People

Village Subvillage Total HHs (No.)

Total People (persons)

Percent of Affected HHs and People (%)

Zhujia

No.1 50 236 100 No.3 52 166 100 No.4 101 405 100 No.5 49 210 100 No.6 54 176 100 No.7 25 94 100 No.8 33 130 100 No.9 37 193 100 No.10 32 129 100 No.11 47 181 100

Subtotal 480 1,920 100

Xianxi

No.7 35 107 100 No.8 26 88 100 No.9 35 70 100 No.10 40 122 100 No.15 22 55 100 No.16 15 55 100

Subtotal 173 497 100

Fengling No.11 65 227 100 No.12 50 172 100

Subtotal 115 399 100

Fenggang

No.6 26 104 100 No.7 74 296 100 No.8 53 201 100 No.11 34 115 100 No.12 52 206 100

Subtotal 239 922 100 Shangzhang Zengjia, Huang-zhao-jia 141 499 100

Bailing Peng-fang-tang-jia, Hu-rao-jia 156 583 100

Total 27 1,347 4,955 100

2. House Demolition Affected HHs and People

Village Subvillage Affected HHs

Affected people

Total HHs

Total Population

% of total Affected

HHs

Zhujia

No.3 52 166 52 166 100.0% No.4 101 405 101 405 100.0% No.5 49 210 49 210 100.0% No.6 54 176 54 176 100.0% No.7 25 94 25 94 100.0% No.10 32 129 32 129 100.0%

Sub-total 313 1,180 313 1,180 100.0%

Xianxi

No.9 35 70 35 70 100.0% No.10 40 122 40 122 100.0% No.13 36 201 36 201 100.0% No.15 22 55 22 55 100.0%

Sub-total 133 448 133 448 100.0% Total 10 446 1,628 446 1,628 100.0%


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3. Severely Affected HHs by Farmland Acquisition Village Subvillage HHs Popu Farmland Loss (%) Zhujia No.1 50 236 25.6%

No.3 52 166 100.0% No.4 101 405 81.7% No.5 49 210 27.2%* No.7 25 94 48.3% No.8 33 130 31.4% No.10 32 129 60.0%

Subtotal 342 1,370 Xianxi 8 26 88 26.3%

9 35 70 26.7% 10 40 122 53.2% 15 22 55 22.3% 16 15 55 55.6%

Subtotal 138 390 Fengfang 6 26 104 31.3%

11 34 115 35.3% 12 52 206 92.8%

Subtotal 112 425 Total 592 2,185

Note: *Included the land acquired under the Waihuan Road’s 2,580m section that started construction in February 2013.


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Appendix 4: Farmland Loss Impact on Affected Subvillages

Village Subvillage Farmland Loss (%)

Per Capita Farmland (mu) Before Project After Project

Zhujia

No.1 25.6% (46.7%)*

0.96 0.72 (0.51)*

No.3 100.0% 1.56 0.00 No.4 81.7% 1.32 0.24

No.5 12.6% (25.9%)* 1.09 0.95

(0.81)* No.6 7.2% 1.32 1.22 No.7 48.3% 1.18 0.61 No.8 31.4% 1.67 1.15 No.9 8.3% 1.30 1.19 No.10 60.0% 1.38 0.55 No.11 13.4% 1.35 1.17

Subtotal 43.9% 1.29 0.73

Xianxi

No.7 11.9% 1.32 1.17 No.8 26.3% 1.70 1.25 No.9 26.7% 1.20 0.88 No.10 53.2% 1.01 0.47 No.15 22.3% 1.00 0.77 No.16 55.6% 0.99 0.44

Subtotal 30.7% 1.22 0.85

Fengling

No.11 7.9% (15.8%)* 0.71

0.65 (0.60)*

No.12 4.8% (6.2%)* 0.75

0.71 (0.70)*

Subtotal 6.5% 0.73 0.68

Fenggang

No.6 31.3% 1.30 0.89 No.7 5.1% 1.05 1.00 No.8 11.1% 0.90 0.80 No.11 35.3% 1.24 0.80 No.12 92.8% 1.21 0.09

Subtotal 35.3% 1.11 0.72 Shangzhang Zengjia, Huang-zhao-jia 60.9% 0.32 0.12

Bailing Peng-fang-tang-jia, Hu-rao-jia 51.5% 0.16 0.08

Note: *Included the land acquired under the Waihuan Road’s 2,580m section that started construction in February 2013.


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Appendix 5: Relevant Clauses of PRC Laws & Regulations and Decrees 1. Relevant Provisions Specified in Constitution of the PRC Article 10: Land in the cities is owned by the State, while land in the rural and suburban areas is owned by collectives, except for those portions that belong to the State in accordance with the law. Collectives also own house sites and private plots of cropland and hilly land. The State may, in the “public interest”, lawfully expropriate land by paying compensation to collectives.

2. Relevant Provisions Specified in Land Administration Law of the PRC (year) Article 10: Peasants’ collectively-owned land that belongs to peasants’ collective ownership of a village according to law shall be managed and administered by the village collective economic organization or villagers’ committee; the land that belongs separately to more than two rural collective economic organizations and owned collectively by peasants shall be managed and administered by the respective rural collective economic organizations or villagers’ teams; the land that belongs to township (town) peasants’ collective ownership shall be managed and administered by the township (town) rural collective economic organization.

Article 14: Land collectively owned by peasants shall be contracted for management by members of the respective collective economic organization for cultivation, forestry, animal husbandry and fishery production. The duration of land contracting and management shall be 30 years. The contract issuing party and the contractor should conclude a contract agreeing on the rights and obligations of both parties. Peasants who contract management of the land have the obligation to protect and utilize the land pursuant to the agreement in the contract. Peasants’ right to contract land for management is protected by law.

Within the duration of land contracting and management, in the event of appropriate adjustment of land contracted among individual contractors, it must have the consent of over two thirds of the members of the villagers’ conference or over two thirds of the villagers’ representatives, and be submitted to the competent department of agriculture administration of township People’s Government and People’s Government at the county level for approval.

Article 31: The State protects cultivated land and strictly controls turning cultivated land into non-cultivated land.

The State practices the system of compensation for the occupation and use of land. For the occupation and use of cultivated land for non-agricultural construction with approval, the unit that occupies and uses cultivated land shall be responsible for the reclamation of cultivated land equivalent to the quantity and quality of cultivated land occupied and used in accordance with the principle of “quantity of reclaimed land being equivalent to that occupied”. Where there are no conditions for reclamation or the reclaimed land does not conform to requirements, cultivated land reclamation fee should be paid as prescribed by the provinces, autonomous regions and municipalities directly under the Central Government, the special-purpose fund shall be used for the reclamation of new cultivated land.

Article 46: For land requisitioned by the State, local People’s Government at or above the county level shall, upon approval pursuant to legal procedures, make an announcement and organize its implementation.

Owners and persons of the right to use of the requisitioned land should, within the specified time period of the announcement, bring the ownership certificates to the competent departments of the local People’s Governments to enter into registration for compensation for land requisition.

Article 47: For requisition of land, compensation shall be given in accordance with the original use of the requisitioned land.


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Compensation fee for the cultivated land requisitioned includes land compensation fee, subsidies for resettlement as well as compensation fee for ground appendixes and young crops. Land compensation fee for the cultivated land requisitioned shall be 6–10 times of the average annual output value in the three years prior to requisition. Subsidies for resettlement for the cultivated land requisitioned shall be calculated on the basis of the agricultural population that requires resettlement. The agricultural population that requires resettlement shall be calculated on the basis of the amount of cultivated land requisitioned divided by the average occupancy of cultivated land of the unit requisitioned. The rate of subsidies for resettlement per head of the agricultural population that requires resettlement shall be 4–6 times of the average annual output value in the three years prior to requisition of the said cultivated land. However, the maximum subsidies for resettlement for cultivated land requisitioned per hectare shall not exceed 15 times of the average annual output value in the three years prior to the requisition.

The rate of land compensation fee and subsidies for resettlement for the requisition of other lands shall be fixed by the provinces, autonomous regions and municipalities directly under the Central Government, taking the rate of land compensation fee and subsidies for resettlement for the requisition of cultivated land as reference.

Rate of compensation for ground appendixes and young crops on the requisitioned land shall be fixed by the provinces, autonomous regions and municipalities directly under the Central Government.

For requisition of suburban vegetable plots of municipalities, the land use unit should, pursuant to relevant provisions of the State, pay to the new vegetable plot development and construction fund. Additional subsidies for resettlement may be provided for those peasants who require resettlement and cannot maintain their original living standards on the basis of land compensation fee and subsidies for resettlement the payment of which is effected pursuant to the provisions of the Second Paragraph of this Article subject to the approval of People’s Governments of the provinces, autonomous regions and municipalities directly under the Central Government. However, the total of land compensation fee and subsidies for resettlement shall not exceed 30 times of the average annual output value in the three years prior to requisition of the land.

The State Council may, in accordance with the level of social & economy development, increase the rate of land compensation fee and subsidies for resettlement under extraordinary circumstances.

Article 48: Upon determination of the scheme for compensation and resettlement for land requisition, the local People’s Government concerned should make an announcement and seek the views of the rural collective economic organization and peasants of the requisitioned land.

Article 49: The rural collective economic organization of the requisitioned land should publish the revenue and expenditure of the compensation fee of the requisitioned land for the members of the respective collective economic organization and accept supervision.

It is forbidden to embezzle or divert the land compensation fees and other related expenses.

Article 50: Local People’s Governments at all levels should provide support for rural collective economic organizations and peasants of the requisitioned land for development, management and establishment of enterprises.

Article 54: Use of state-owned land for a construction project should be obtained in the form of onerous use such as transfer. However, the following use of land for construction may be obtained in the form of appropriation subject to the approval of the People’s Government at or above the county level in accordance with law:


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Land use by state organs and land use for military purposes; Land use for urban infrastructure and land use for non-profit undertakings; Land use for such infrastructure as energy, communications and water conservancy to which the state renders key support; Other land uses prescribed by laws and administrative regulations. Article 62: One household of villagers in a rural area can only possess one homestead, the area of which shall not exceed the standards prescribed by the provinces, autonomous regions and municipalities directly under the Central Government.

Construction of villagers’ residences in the rural areas should conform to the overall planning for township land utilization, and the best possible use of original house sites and idle land in the village.

3. Jiangxi Province Management Procedures of Land Acquisition Act Article 3: Land acquisition must meet general plan of land use. The land acquisition within the urban plan area must meet the urban general plan; the land acquisition within the basic farmland preservation area must meet related regulations of basic farmland preservation issued by state council and Jiangxi Province. Various People’s Governments should organize land exploitation, consolidation and rehabilitation after farmland acquisition.

Article 15: The owner of the affected land should be paid for land compensation fee, resettlement allowance, which is paid according to the regulations:

(1) Land acquisition of construction project should be implemented according to the regulations of Article 27 and Article 28 of Procedures of Jiangxi Province on the Implementation of Land Administration Law of the People’s Republic of China (hereinafter referred to as the Implementation Procedures), including the land acquisition of large and medium-sized water conservancy project and hydropower project should be implemented according to related regulations of Regulation of Land Acquisition of large and Medium-sized Water Conservancy Project and Hydropower Project and Resettlement issued by state council.

(2) The land acquisition used for transferring land use right should compensate for the legal land owners according to higher than 10% of the standard of Article 27 and Article 28 of Implementation Procedures.

The land kinds and area calculation in the compensation for land acquisition will be defined and measured by land administration authorities according to related regulations. The AOV of land compensation will be determined at the AAO times the price set by the state authority based on statistic report of municipal, county, and district; and AOV of without statistic report will be checked by land administration authority and related departments.

Article 16: The land attached facilities and standing crops should be compensated, which the compensation standard should be implemented according to the regulation of Article 29 item 1 of Implementation Procedures. The area of standing crops will be determined at actual measurement area.

Article 17: The affected house owners must be paid for house demolishment compensation.

The house resettlement procedure and compensation standard outside urban plan area will be formulated by county people’s government according to the local condition and the compensation procedure and standard of house demolishment determined by state, and will be implemented after county people’s government submitting it to municipal people’s government; the house resettlement procedure and compensation standard within the urban plan area will be implemented the related regulation of urban house demolishment issued by the state and Jiangxi Province.


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Article 18: The AP’ rebuilding land will be transacted as follows:

(1) To the APs whose resettlement lands will be arranged in a unified way, their houses must be rebuilt on the resettlement lands. The APs will be not paid for house-site compensation except house-demolishment compensation one-time in the project.

(2) To the APs whose resettlement lands will not be arranged in a unified way, they will be compensated for their rebuilding hoses according to related regulations of Implementation Procedure the resettlement land will not be unified arrangement, and will be paid for house-demolishment compensation one-time. But the land acquisition area cannot be repeatedly calculated.

(3) The standard of AP’ rebuilding land will be implemented according to the regulation of Article 41 of Implementation Procedure.

Article 20: The owner of the affected land should set up special financial accounts to store various land compensation fees in local financial institution.

Various fees of land acquisition should be collected by land administration department at the set time from the land users. The land compensation fees that paid to the owner of the affected land should be transferred to the special financial accounts at the prescribed time according to land agreement, which the payment is not made in terms of cash. The land administration should pay for 0.3‰ penalty by the day due to delay payment.

Article 21: The land compensation fees that paid to the owner of the affected land should be used according to the follows:

(1) The compensation fees of standing crops, attached facilities and house demolishment that belong to the individual or the contractor and operator of the affected land should be paid to them by the owner of the affected land.

(2) The compensation for land acquisition, the resettlement allowance and the compensation for the standing crops and the attachments on the land will mainly be used into land exploitation and farmland infrastructure construction, including by common agreement of villager meeting, the resettlement subsidiary can be allocated to the persons who look for jobs on their own as their job subsidiary, to the persons who cannot be employed as living subsidiary according to dividing agricultural population by resettlement subsidiary; or be transferred to the company which employ the APs according to the number of resettlement persons.

(3) To the contract land, the owner of the affected land should compensate appropriately for the contractor’s productive input which it fails to be collected. The compensation fee will be paid from land compensation fee.

The owner of the affected land must report to village (or township) people’s government at first when he uses land compensation and resettlement subsidiary. The implementation condition must be published, and be supervised by the mass.

Article 23: The land administrative department above county level should in corporation with relevant authorities has organized the owner of the affected land, land user and other relevant authorities to adopt practicable methods and resettle surplus labor forces because of land acquisition.

The land user who has resettlement ability should employ surplus labor forces who meet the employment requirement.

To the lands of the owner of the affected land which need to be totally acquisitioned, a certain amount of land will be reserved for farmer agricultural production and house site according to the


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standard of 20–40 m2 per person. The person who has got resettlement land will not get employment resettlement.

Article 24: The land used as farmer employment may be constructed by the owner of the affected land with his own self-raised funds, and may also be priced and converted into shares to starting a business.

4. The Notice on Implementation Project of the Demolishment and Resettlement Compensation for Farmer Housing within New Urban Area of Fuzhou Municipality Article 2: The Location of New Urban District (within the south of Yinbing Avenue, the east of Fuyin Highway, and the west of Fu River): the land and farmer housing (including other buildings) which need to be resettled and compensated are applied to the implementation project because of the need of construction. The farmer housing outside of the location mentioned above can refer to the project.

Article 3: The illegal building will not be compensated. In view of historical cause and farmers’ actual difficulties, the house without property right certificate will be transacted as follows:

(1) Cash compensation for the house built before 24 April 2002 will be the replacement price associated with the percentage of the newness after initiative declaration, post-registered procedure, and signing relocation agreement. The house meets the resettlement requirement will be transacted according to the regulation of No. [2007] 22 document issued by Fuzhou Municipal Government.

(2) Cash compensation the house built during 24 April 2002 to 26 April 2007 (the day when FMG promulgated the No. [2007] 22 document) will be compensated at 40% of the evaluated prices after initiative declaration, post-registered procedure, and signing relocation agreement, but it will not be resettled. No compensations for the illegal buildings that were built after 26 April 2007 will be made.

Article 8: In order to encourage affected persons to relocate ahead of schedule, the affected persons can sign the compensation contract and relocate their houses within the demolition limit are eligible to get the relocation encouragement incentive of CNY 3,200 per household that their houses area is above 100 m2 and CNY 18/m2 that their house area is not 100 m2.

Article 9: The affected person should relocate within the time limit of relocation. To the person who refuses to relocate, his house will be demolished according to related laws and regulations.

Article 10: The demolishment household can chose any one of resettlement between one-time cash compensation and resettlement at the local designated sites according to his actual condition.

Article 11: One-time Cash Compensation:

(1) The demolished housing is compensated for by the price of new estates.

(2) The house site of the settled household is compensated for CNY 80,000 per household, and the separated household is compensated for CNY 74,000 per household.

(3) Implementing Agency pays the resettlement interim subsidiary for APs as 8 months with CNY 30/month, and pays CNY 200 one-time for relocation.

Article 12: Resettlement at the Local Designated Sites:

(1) According to unified planning of Fuzhou Planning Bureau, the construction lands of local designated village are Xiaoyudingjia and Bailing (within the south of Fuba Line) in Zhongling


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Subdistrict, and Fanjia in Chonggang Township. The APs of the project will be resettled by the principle of local resettlement.

(2) To the household who chooses local resettlement site, their demolished housing and other buildings will be compensated for the price of new estates, and will be resettled at local resettlement village.

(3) The subdistrict of resettlement sites will in charge of land acquisition and three supplies and one leveling including supply of water, electricity and road and leveled ground (conditions ready for further economic development). The subdistrict should unify land acquisition, construction standard and construction mode; control every household land within 100 m2; check and issue the certificate of collective land use according to the principle of one household one house site.

(4) To the distribution of resettlement apartment, the settled household chooses the resettlement apartment by time order of signed contract and demolished housing, and the resettlement apartment of separated household is determined by unified draw lots within the scheduled time.

(5) It will be only one house site resettled to the APs who have two or more than two housings, and it will not districted other land to them. The APs who meet the conditions of family splitting will be treated by the separated household regulation.

(6) The area of demolished housing surpass the regulated resettlement area can be resettled a house site by the regulation.

(7) The area of demolished housing falls short of the regulated resettlement area will be resettled a regulated house site but will pay CNY 60/m2 for the surpassed area.

(8) The APs who have been resettled as off-farm employee before removing but live in affected village and have housing area above 80 m2 (including 80 m2) will be resettled a house site, while the separated household resettlement is not allowed. The APs have housing area below 80 m2 will not be resettled a house site. The urban resident who has been resettled as off-farm employee will be treated as the same of present villager.

(9) The demolished housing that belong to mixed multi-household property right and meet the condition of farmer housing land due to the need of separated resettlement in project will be granted approval of the separated household resettlement.

(10) To the APs aged 18 or above will be resettled by the separated household with a house site, at the same time they should pay the resettlement cost of CNY 10,000–28,000. Namely, the APs who meet legally marriageable age do not need to pay for resettlement cost; the APs aged 21 will pay CNY 10,000 for resettlement cost; the APs aged 20 will pay CNY 16,000 for resettlement cost; the APs aged 19 will pay CNY 22,000 for resettlement cost; while the APs aged 18 will pay CNY 28,000 for resettlement cost. The other conditions will not be allowed by the separated household resettlement.

(11) Widows and widowers over the age of 60 will not be granted approval of the separated household resettlement in principle. Every household will be compensated for CNY 10,000 and also be distributed a housing site after payment of the CNY 10,000 for resettlement cost.

(12) The demolished household that meets the condition of the separated household resettlement should pay CNY 6,000 land cost for three supplies and one levelling including supply of water, electricity and road and levelled ground (conditions ready for further economic development).

(13) Resettlement sites will be constructed as a new market Township according to certain standards. Fuzhou Planning Department will formulate a unified plan and the demolished HHs will self-construct their housing according to the plan. To the villagers who construct their


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resettlement housing according to the housing design of Fuzhou Planning Department will be given reward of CNY 40/m2 according to theirs housing area after their resettlement housing up to the standard. The villagers who will not contract their resettlement housing according to the housing design will not be given reward.

(14) To the affected person who meets the resettlement conditions, Fuzhou Planning Department, Fuzhou State Land and Resources Bureau, and Fuzhou Housing Management Department should fulfilling relevant formalities for them. The departments should only receive card issuing fee with no additional fees.

(15) Every affected household should pay CNY 4,000 for the construction of main road in resettlement area. The cost should be supervised and used by the representatives of villager and subdistrict.

(16) The house site of resettlement should not allow to be assigned. Illegal assignment will not grant to transact procedure of land and housing construction, and will be investigated for legal responsibility.

(17) Implementing Agency pays the resettlement interim subsidiary for APs as 8 months with CNY 30/month, and pays CNY 400 per household for twice relocations.

Annex 1: Replacement Cost of Rural House Demolishment in New District Annex 2: Compensation Standard of Attachments on Land


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Annex 1: Replacement Cost of Rural House Demolishment in New District

Structure Grade

Replace Price (CNY/m2)

Service (year)

Steel-cement reinforced concrete framework, beam, column bearing, reinforced concrete casting, roof, stone floor or cement floor, formal door and window, middle-high level exterior and interior painting , exterior and interior brick wall, private kitchen, water, electricity and sanitary fittings

400 90

Brick-cement The first class

exterior and interior brick wall, partial reinforced concrete beam, column bearing, reinforced concrete casting, roof, cement floor, formal door and window, middle level painting, private kitchen, water, electricity and sanitary fittings

370 90

The second class

exterior and interior brick wall (partial hollow bond wall), partial reinforced concrete beam, column bearing, reinforced concrete framework, cement floor, formal doors and windows, middle level painting, non unit residence，water, electricity and sanitary fittings

350 80

Brick-wood The first class

wood bridge, column or brick bearing, tile roof with backing board, cement floor or wood floor, formal door and window, middle level painting, water, electricity and sanitary fittings

300 75

The second class

wood bridge, column or stone wall bearing (including partial hollow bond wall), tile roof, cement floor or brick-wood floor, simple door and window, ordinary painting, water, electricity and sanitary fittings

280 65

Simple Informal wood bride, wood strip, mess brick, wood board or earth wall, tile or asphaltic felt roof, simple door and window, cement floor or earth floor

130 25


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Annex 2: Compensation Standard of Attachments on Land The compensation standard of attachments on land includes draw-wells at CNY 100/well, pressure wells at CNY 50/well, fence walls (above 1.5 m) at CNY 10/m, cement sunning ground at CNY 10/m2, house foundations at CNY 20/m, fruit tree (above 1.5 m) CNY 30/tree.

1. The Notice of Publicizing the Annual Average Output Values of New Land Acquisition in Uniform Amount and Comprehensive Land Price of Linchuan District (General Office of Fuzhou Municipal Government [2011] 17, 2011, effective on 1 March, 2011) New standard of compensation for land acquisition is made up of land compensation and standing crops compensation, excluding ground appendixes compensation fee and social security fee.

Compensation Standards for Land Areas in Linchuan District 2011

Wenchang Subdistrict, Chengxi Subdistrict, Zhongling Subdistrict, Shangdundu Twonship, Xiaoqiao Township

New Standard of Land Acquisition (Land Compensation, Resettlement Subsidiary) (CNY/mu)

Standard of Green Crops (CNY/mu)

Paddy Field, Cotton Field 34,164 1,000 Intensive Cultivated Pound 51,246 1,500 Pond 34,164 1,000 Merchandise Vegetable Land 51,246 1,500 Vegetable Land 34,164 1,000 Dry Land 22,890 800 High-yielding Orchard (the trees above 5 years old) above 40 trees/mu 34,164 3,000 Orchard (the trees below 4 years old) 17,082 1,500 Artificial High-yielding Camellia Oil Garden 34,164 3,000 Camellia Oil Garden (the trees below 4 years old) 17,082 1,500 Forest and Other Farm Land 11,957 500 House Site 22,890 - Unused Land 6,883 -

Compensation Standards for Land Areas in Linchuan District 2011

Chonggang Township, Hunan Village, Luohu Township, ChangKai Townsip, Yushan Township, Luozhen Township



Paddy Field, Cotton Field 31,780 1,000 Intensive Cultivated Pound 47,670 1,500 Pound 31,780 1,000 Merchandise Vegetable Land 47,670 1,500 Vegetable Land 31,780 1,000 Dry Land 21,293 800 High-yielding Orchard (the trees above 5 years old) above 40 trees/mu 31,780 3,000 Orchard (the trees below 4 years old) 15,890 1,500 Artificial High-yielding Camellia Oil Garden 31,780 3,000 Camellia Oil Garden (the trees below 4 years old) 15,890 1,500 Forest and Other Farm Land 11,123 500


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Chonggang Township, Hunan Village, Luohu Township, ChangKai Townsip, Yushan Township, Luozhen Township



House Site 21,293 - Unused Land 6,356 -


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Appendix 6: Resettlement Information Booklet Note: this was the actual version distributed among APs in late 2012.

The aim of Fuzhou urban infrastructure improvement project is to support the Fuzhou railway passenger station of Xianpu Railway. The project includes the Fuzhou urban road construction project, multi-combined transportation terminal construction, a rapid public transportation system (Phase I construction of BRT), and Phase II rehabilitation project of Fenggang River. The resettlement area of the project belongs to JEDZ (county level unit). The specific scope of the project is Chonggang Township and Zhongling Subdistrict in Jinchao Economic Development District. The works construction will affect the location of your family (unit) to some extent. This booklet is distributed to inform the Affected Persons (AP) on the basic status of the sub-component of the Project, relevant land acquisition and relocation policies of the state and the impacts on the APs household as well as their rights and entitlements. 1. The Scope and Quantity of the Works Impact The land acquisition areas to be occupied in the redline map of Fuzhou Investment Development Co., Ltd., have been identified based on detailed designs. According to measurement surveys, the land acquisition includes 1984.44 mu in Zhujia village, 671.69 mu in Xianxi village, 327.83 mu in Fenggang village, 105.73 mu in Fengling village, 41.44 mu in Shangzhang village, and 117.55 mu in Bailing village. There are 98,404 m2 of houses will be demolished and 569 HHs with 2,450 persons will be relocated.

The project will affect two towns and six villages and will permanently occupy 3,248.68 mu of land including 2,296.2 mu of cultivated land (including paddy land, dry land and vegetable land), 105.06 of mu pond, 673.45 mu of slope land, 157.04 mu of house site and 16.63 mu of irrigation canals. The permanent acquisition of farmland will affect four villages in Chonggang Township and two villages in Zhongling Subdistrict. Details are presented in Table 1-1.

Table 1-1: Summary of Permanent Land Occupancy

Ownership

Township Village

Land acquisition (mu) Affected HHs

Paddy

land Dry land

Vege.

land

Slope

land Pon

d Irri. canal

House

plot Total HH Pers

on

Collective

Chonggang Township

Zhujia 1187.77

39.2 36.47

526.71

65.94

11.3 117.05

1984.44

666

2589

Xianxi 537.85

10.56

15.08

41.3 25.87

1.04 39.99

671.69

426

2037

Fenggang

257.39

24.51

0.19 38.05

7.5 0.19 0 327.83

239

922

Fengling 99.22 2.41 0 0 0 4.1 0 105.73

252

970

Zhongling Subdistrict

Shangzhang

28.5 0 0 11.71

1.23 0 0 41.44 104

360

Bailing 53.64 2 1.71 55.68

4.52 0 0 117.55

156

583

Total 2164.37

78.68

53.45

673.45

105.06

16.63

157.04

3248.68

1843

7461

% 66.62%

2.42%

1.65%

20.73%

3.23%

0.51%

4.83%


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Residential housings and attached facilities affected by the project. Total of 98,404.35 m2 of houses will be removed, including brick-concrete structure of 34,424.875 m2, brick-wood structure of 59,005.82 m2, and simple structure of 4,974.0 m2. Details of the affected residential housings and attached facilities are shown in Table 1-2.

Table 1-2: Scope of Demolition of Houses and Attached Facilities


Affected HHs APs

Affected Area (m2) Brick-

cement Brick- wood Simple Total

Zhujia

No.1, No.5 184 805 10008 25738.05 214.71 35960.76

No.2 35 104 4529.19 3281.45 1666.56 9477.2 No.3 66 200 9291.53 9633.54 146.7 19071.77 No.4 103 421 538.67 7469.01 747.54 8755.02 No.6 9 50 2191.1 825.98 22.53 3044.61 No.8 7 35 208.18 1193.99 68.28 1470.45 No.9 14 70 5666.03 517.4 30.64 6214.07

Xianxi No.9 11 163 1111.75 1904.79 0 3016.4 No.13 27 318 0 6017.22 229.65 6246.87 No.15 18 135 875.425 1603.63 67.06 2546.11

Fengling Shangxia Xiaojia 95 149 0 820.76 1780.33 2601.09

Total 569 2450 34424.875 59005.82 4974.0 98,404.35 According to surveys undertaken, a total of 1,843 HHs and 7,461 persons would be affected by land acquisition and resettlement. They are all registered permanent residents in the affected area. Of these AP, 1,843 HHs with 7,461 persons will be affected by permanent land acquisition, while 569 HHs with 2,450 persons are to be affected by the residential housedemolition and relocation. 2. Resettlement Compensation The compensation rates of land acquisition and resettlement are determined on the basis of surveys, with reference to involuntary resettlement principle of the Asian Development Bank, state laws and regulations and Jiangxi Province, Fuzhou Municipality and Linchuan District by-laws and aimed to restore and improve living standards of APs in a short period after the resettlement.

(a) Land Compensation The main resettlement measure is cash compensation. At the same time, the affected persons’ survival and living after they have lost their land are compensated by adjustment in village. Because the project belongs to Chonggang Township and Zhongling Subdistrict respectively, the compensation standards of the two lands are different according to No.[2011] 17 document of Fuzhou municipal government about The Notice of Publicizing the Annual Average Output Values of New Land Acquisition in Uniform Amount and Comprehensive Land Price of Linchuan District. The details of compensations are listed in Table 2-1 and Table 2-2.

Table 2-1: Land Compensation Standards

Land (CNY/mu)

Standing Crops

(CNY/mu) Paddy Field, Cotton Field 34,164 1,000 Intensive Cultivated Pound 51,246 1,500


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Land (CNY/mu)

Standing Crops

(CNY/mu) Pond 34,164 1,000 Merchandise Vegetable Land 51,246 1,500 Vegetable Land 34,164 1,000 Dry Land 22,890 800 High-yielding Orchard (the trees above 5 years old, over 40 trees/mu) 34,164 3,000 Ordinary orchard (the trees below 4 years old) 17,082 1,500 High-yielding Camellia Oil Plantation 34,164 3,000 Ordinary Camellia Oil Plantation (the trees below 4 years old) 17,082 1,500 Woodland and Other Farmland 11,957 500 House Plot 22,890 Unused Land 6,883

(b) Compensation for Houses and Attachments According to The Notice on Implementation Project of the Demolishment and Resettlement Compensation for Farmer Housing within New District of Fuzhou Municipality (Fuzhou Municipal Government [2009] 25, 2009), the compensation for farmer housing are listed in Tables 2-2 and 2-3.

Table 2-2: Replacement Cost of Rural Houses

Structure Description Replace Price (CNY/m2)

Service (year)

Framed (steel-concrete)

reinforced concrete framework, beam, column bearing, reinforced concrete casting, roof, stone floor or cement floor, formal door and window, middle-high level exterior and interior painting , exterior and interior brick wall, private kitchen, water, electricity and sanitary fittings

610 70

Brick-concrete exterior and interior brick wall, partial reinforced concrete beam, column bearing, reinforced concrete casting, roof, cement floor, formal door and window, middle level painting, private kitchen, water, electricity and sanitary fittings

510 50

Brick-wood wood frame, column or brick bearing, tile roof with backing board, cement floor or wood floor, formal door and window, middle level painting, water, electricity and sanitary fittings

370 25

Earth-wood wood frame, column or brick bearing, tile roof with backing board, cement floor or wood floor, simple door and window, simple painting, water, electricity and sanitary fittings

270 25

Simple Informal wood bride, wood strip, mess brick, wood board or earth wall, tile or asphaltic felt roof, simple door and window, cement floor or earth floor

210 5


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Table 2-3: Compensation Standards of Attachments Attached Buildings on Land

Public well CNY 3660/well Pressure well CNY 980/well Enclosure Wall (above 1.5 m) CNY 98/m Cement Bleachery CNY 65/m2 House Foundation CNY 150/m2 Fruit Tree (height above 1.5 m) CNY 30/tree (temporary) In order to encourage APs to relocate ahead of schedule, they can sign the compensation contract and relocate their houses within the demolition limit and be eligible to get a relocation encouragement incentive of CNY 3,200 per household if their housing area is greater than 100 m2 and CNY 18/m2 that the area of their house is less than 100 m2.

(c) Transitional Subsidy and Relocation Allowance The transitional subsidy is CNY6 per m2 of demolished main houses for the transitional period and another 3 months, with the minimum subsidy not below CNY400/month/HH. The transitional period refers to the date of signing agreement to the date of obtaining key to relocation apartment or the date of completing construction of own relocation house. In addition, each household can get moving subsidy for 2 times, CNY 800 each time.

(d) Resettlement of Land Acquisition Affected Farmers Farmers whose land is acquired will receive employment assistances from the government, including provision of employment information, skill training, microcredit, social insurance, post allowance, tax and fees exemption, etc.

The land loss farmers aged above 16 years old and those whose total land is acquired or whose per capita cultivated land is lower than or equal to 0.3 mu after land acquisition, yet they are still registered in the villages, are qualified for endowment insurance. The is based on the mode of social pooling combined with an individual account. The cost is born by the government, the collective and the individual. Based on total premiums of 15 years, the government will provide 60% of the total funds, and the rest will be shared by individuals. The village collective may give part of the subsidiary to individuals appropriately in areas where the collective economy is better developed. Under this insurance, those above the retirement age (males over 60 years old and females over 55 years old), after paying 40% of all the 15 years of premiums, they could start receiving a pension. For men aged over 60 years old and women aged over 55 years old, who have lost land and do not have the ability to pay for their premiums, they could be provided with an old-age living subsidiary of CNY 160 per month after applying for the subsidiary. The subsidiary standard will be increased by the municipal government according to economic development and future living standard improvements. The local finance department of the government will pay the living subsidiary to the social insurance agency each month according to actual condition. The social insurance agency will then in turn pay the applicants every month..

3. Implementation Schedule Table 3-1: Schedule of Key Activities

Activity Date Remark Consultation on land acquisition and relocation June – Aug 2012 Public announcement of LA&R July2012 Compensation payment Dec 2012-Dec 2013 Land acquisition and relocation Dec 2012- 2014


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4. Entitlements

(a) Rights of APs The affected people will be provided with all kinds of compensation in accordance with the above compensation rates indicated in the RP. They could reflect opinion and suggestions to land acquisition and relocation offices or project resettlement offices of village committees, township, district progressively. Such opinions and suggestions could include base number of compensation quantity, compensation rate, time of compensation payment, house relocation, etc. Different resettlement officials must reply to complaints of APs and problems subordinate resettlement office reflects within 7 days.

(b) Obligation of APs APs shall actively cooperate with the project implementation; new buildings shall not be constructed within the affected area, otherwise the compensations will be cancelled; and demolish or relocate buildings/structure within the affected area.

5. Assistance for the Vulnerable Groups Vulnerable groups are defined as poor families, disabled people, the elderly, women-headed HHs, and etc. There are 104 poor HHs with 205 persons among the APs, accounting for 3.65% of the total APs. Among the APs, there are 11 HHs of 17 persons in Zhujia village and six HHs of 10 persons in Xianxi village. During the course of resettlement implementation, the project will give special assistance to them, such as training, job seeking, and social security.. Each vulnerable person will receive an additional CNY2,000 as vulnerable subsidy.

6. Grievance Procedure Any APs can put forward grievance to the problems of land compensation and resettlement. The grievance procedures are listed as follows:

Stage 1

If APs have any dissatisfaction with RP implementation, they may report their complaints to the villager’s committee or urban community in written form or in oral.. The committee/community or local resettlement office will record the complaints and resolve the problems within two weeks, or report to the higher level agency for guidance or solutions if the problems are rather serious.

Stage 2:

If the APs who lodge a complaint are not satisfied with the results of Stage 1, they may lodge grievance to the management office for sub-project (component) within one month after receiving the decision. The latter will make a resolution within 3 weeks.

Stage 3:

If a complainant is still not satisfied with the decision given in Stage 2, they may take their complaint to the PMO of FIDC for arbitration within one month after receiving the decision. The latter will make an arbitration decision within 4 weeks.

Stage 4:

If a complainant is still dissatisfied with the decision given in Stage 3, he/she may appeal to administrative division of local people’s court for final resort.

The complaints and appeal procedures will be conveyed to APs through public meetings and other information dissemination procedures, ensuring that they fully understand their rights and the mechanisms for complaint and appeal. Any complaints raised by APs and resolutions must be registered in written form by the resettlement management offices.


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7. Implementation Organizations of LA&R Zhongling Subdistrict RO Address: Zhongling Subdistrict Office Telephone: 825 3539

Chonggang Township RO Address: Chonggang Township Government Building Telephone: 871 8018

Fuzhou Municipal RO Address: Building No.2 of Municipal Government Offices Complex Telephone: 825 7276

8. Right of Interpretation of the Booklet The right of interpretation of the booklet belongs to FIDC and the Fuzhou Municipal RO.


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Appendix 7: TOR for the Institutional Capacity Building Consultant (Social Safeguards – National Consultant) To effectively implement the RP it is required that the institutional capacity of the IA is strengthened. A capacity building consultant’s services are required to guide and assist the IA.

The key tasks are the following:

(i) Assist the IA in undertaking detailed measurement survey of the project components preparing detailed implementation plans for housing relocation and livelihood restoration;

(ii) Provide training to the IA resettlement staff on ADB’s involuntary resettlement policy requirements;

(iii) Assist the IA in implementing various resettlement components as outlined in the RP and in the detailed implementation plans;

(iv) Assist the IA to enhance the consultation and participation of APs;

(v) Provide guidance to the IA in internally monitoring the RP implementation and preparation of reports;

(vi) Provide guidance to the IA in coordinating with various other agencies involved in RP implementation;

(vii) Provide assistance to the IA in strengthening its organizational arrangements to effectively implement the RP;

(viii) Assist the IA to identify gaps in RP implementation and suggest appropriate solutions in a timely manner; and

(ix) Assist the IA to set up and manage the grievance redress mechanism and in record keeping of related grievances and redress measures taken. .

Consulting Inputs and Costs. She/he shall have at least 10 years working experience, including at least 5 years as a resettlement specialist in similar project assignments in PRC or other countries in the region, as well as formal qualifications in international development or closely related fields. She/he shall fully understand ADB’s involuntary resettlement policy and procedures as well as Chinese policy and legislation on LAR. She/he will have good English written and oral skills.

The capacity building consultant’s inputs will be spread intermittently over the life of the project for a total of 6 months. Summary of consultancy input (months) and associated costs are set out below. Table 12 shows indicative staffing levels for the consulting services.

Schedule of Consulting Services Capacity Building Specialist National Capacity building expert 6 Total 6


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Appendix 8: Terms of Reference for External Monitoring and Evaluation 1. Objectives

According to ADB’s Resettlement Handbook and ADB’s Social Analysis Guideline, independent monitoring and assessment of the resettlement plan implementation will be undertaken to analyze and compare the change of living level of APs via checking and tracking the progress and fund and management relative with resettlement. The report that is provided to ADB, the EA and concerned departments will provide sufficient information and suggestions for reference to the concerned departments to keep them informed of the progress and status of resettlement so as to assure them identify the problems and propose suggestions on the improvement.

The EM agency will also objectively assess and verify the implementation of the resettlement plans and strategies as outlined in this document.

2. Tasks for Monitoring and Evaluation Tasks include:

Progress of land acquisition and demolition:

Progress of land acquisition; Progress of temporary land occupation; Affected progress of the project.

Progress of housing demolition and resettlement:

Progress of housing demolition and status of compensation; Progress of house construction for AP; Progress of removal.

Progress of funds availability and payment:

Payment of fund allocation; Expenditure (budget and factual expenditure).

Monitoring and assessment on living level of APs:

Living level of APs prior resettlement; Living level of APs after resettlement; Employment of APs prior and after resettlement. Monitoring and assessment of the progress of disbursement of compensation for

and house demolition; Monitor the progress of selection and preparation of resettlement sites including the

provisions of civic amenities. Monitoring institutional capacity of the resettlement office – particularly monitoring the

budgetary arrangements and cash flow for resettlement activities. Monitoring the process of public participation and consultation and ensuring that the

public participation and consultation schedule is being followed and outcomes are being incorporated in resettlement implementation process.

Monitoring the functioning of Grievance Redress Mechanism Monitoring of livelihood rehabilitation plans

Monitoring of the provisions for the vulnerable groups Monitoring and verifying internal monitoring reports Assist in Resettlement Completion Report.

Monitoring on availability of compensation, rehabilitation and reconstruction of public facilities and progress of construction;


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AP’s participation in the processes of preparation of RP, land acquisition and resettlement and income rehabilitation;

Monitoring on mechanism and efficiency of grievance procedure;

Collection of monitoring data and establishment of database;

Comparison analysis;

Report submission.

Generally, the external monitoring and evaluation institution will carry out the following work:

(a) Baseline and follow-up surveys of APs’’ living standards A baseline survey will be conducted for this Project, including the collection of selected samples of the baseline living standards of the APs prior to commencement of land acquisition or house demolition. The preliminary samples will be randomly collected but will cover all 6 affected villages. The living standards will be investigated once a year after resettlement is completed to monitor the variation in the resettlers’ living standards. The necessary data can be obtained by periodic surveys, random interviews and site visits, based on which statistical analysis and evaluation are performed. There will also be targeted surveys of vulnerable groups. Between 40% to 60% of the people surveyed will be women.

The survey will comprise various indicators of living standards. Some of the indicators will be used for weighing the dynamic variation of living standards before and after the land requisition and resettlement. The selected indicators will be checked to see whether they are reasonable in reflecting the actual production and living levels in the baseline survey and are subject to modification according to the actual conditions, so as to guarantee the findings obtained reflects the quality and quantity of the real situation.

Sampling scale: APs 20% of relocated households and 20% of households that lose more than 20% of their farmland (over 25% of the sampled households are targeted at vulnerable groups); at least 40% of affected subvillages will be covered, but the focus will be on all the seriously affected subvillages.

(b) Holding Public Consultation The independent monitor will participate in the public consultation conferences held by the villages and subdistricts. By this method, the monitor can evaluate the effectiveness of public participation and the cooperative attitude of the APs towards the RP implementation. Such activities will be conducted during and after the resettlement implementation.

(c) Gathering APs Opinions The independent monitor will interview the subdistrict resettlement working groups and villagers to record the opinions collected from the APs and interview the APs who have grievances. The monitor will report the opinions and suggestions from affected individuals and collectives to the PRO, and provide advice for improvement, so that the resettlement implementation can be more smooth and effective.

3. Monitoring and Evaluation Methods A combined method of field survey, analysis and comprehensive assessment will be used for monitoring and evaluation of the resettlement process. This would include an overall survey and site specific survey of progress, funds, institution and management and also a random sample survey, sampling according to classification. The sample would include 20% of house-demolished HHs and 10% of HHs who have lost land. Overall survey including table investigation, meetings,


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and file review and a collection of photos, tape records, video records, physical substance except for written documents.

The independent evaluator should prepare and submit the external M&E reports to EA and ADB every six months the during the RP implementation period. The external M&E activities will be continued once every year after the completion of the resettlement until the construction works completed or the APs livelihood fully rehabilitated whichever the latter, submitting the report to EA once every year.

4. Schedule of Monitoring and Assessment Aug -Dec. 2013

Select an external monitoring agency and prepare the working program. Prepare monitoring plan, such as an outline of the survey, tables, establishment of the monitoring system, defining assignment and selection of monitoring samples

Oct. 2013 . Jan.- Feb2014

Baseline survey submit Baseline survey report.

July 2014 Second survey, submit 1st monitoring report. Jan. 2015 Third survey, submit 2nd monitoring report July 2015 Fourth survey, submit 3rd monitoring report. Jan 2016 Fifth survey, submit 4th monitoring report. July 2016 Sixth survey, 5th monitoring report July 2017 1st Evaluation report July 2018 2nd Evaluation report

Appendix 9: ADB Jiangxi Fuzhou Urban Integrated Infrastructure Improvement Project

Due Diligence Report on LA&R of Waihuan Road

Fuzhou Investment and Development Company

Aug 2013

I. Introduction

1. Jiangxi Fuzhou Urban Infrastructure Improvement Project consists of four components: (i) four railway station access roads, (ii) Phase 2 of the Fenggang River Improvement, (iii) an urban transport hub, and (iv) a bus rapid transit (BRT) system. The first three components have land acquisition and resettlement (LA&R) impacts; while the fourth component will be constructed on existing roads with no LA&R impact. The Fuzhou Municipal Government is the executing agency (EA) of the project; while Fuzhou Investment Development Company (FIDC) of FMG is the Implementing Agency (IA). The project will be partly financed by an ADB loan and project construction is scheduled to complete by 2017.

2. Three of the four project components (the four station access roads, the urban transport hub, and the Phase II improvement of Fenggang River) will involve land acquisition and resettlement (LA&R). The project activities are centered on the new Fuzhou Railway Station. The map in the cover page shows the railway station and project components that have LA&R impacts; while Annex 1 shows a picture of the Fuzhou Railway Station that is currently at its final stage of construction.

3. Per ADB policy requirements, with the assistance of PPTA consultants, a draft resettlement plan (RP) was prepared and approved by ADB in May 2012. The draft RP was based on feasibility studies. Furthermore, per ADB’s SPS (2009) requirement, the draft RP must be updated and finalized according to final designs and detailed measurement surveys (DMS). Yet the final RP needs to be approved by ADB before the award of contracts. FIDC, upon the completion of finals designs and DMSs60 in May 2013, has updated and finalized the RP by October 2013 and is under review of the ADB.

4. However, to meet the urgent needs of the railway station that will open for operation in October 2013, a 2,580m section, out of 3,061.3m, of the Waihuan Road (Road No. 1 in map of coverage) in front of the railway station started its construction in February 2013,61 prior to ADB’s approval of final RP. This 2,580m section includes a 496m of underground tunnel right in front of the railway station for under crossing the Zhanqian Road (see the cover page map and Annex 1). The major reason for construction being ahead of ADB’s approval of final RP is that the tunnel has to be completed before the operation of the railway station in Oct 2013. The final design for Waihuan Road was completed and approved in December 2011. The remaining section of 481.3m will still be partly financed by the ADB loan and the LA&R of this remaining section is covered by final RP of the project.

5. Again, per ADB’s requirement, a due diligence report (DDR) on the LA&R of this section needs to be prepared and submitted for ADB’s review and documentation. This DDR is then prepared to target this section and it presents: (i) the LA&R impact; (ii) affected household and persons; (iii) compensation standards and entitlements; (iv) consultation and participation; (v) grievance redress mechanism; (vi) implementation status; and (vii) outstanding issues.

60 Completed by May 2013, final approval in August 2013. 61 This section is to be financed purely by government fund.

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II. LA&R Impact

6. The permanent acquisition impact by affected subvillages (villagers’ group) of Waihuan Road is presented in Table 1 below. Overall, the road will acquire 263.38mu of land, of which 220.96 mu or 83.9% are caused by the DDR targeted 2,580m section. The Waihuan Road will not result in any relocation as it does not affect any houses or buildings.

Table 1 LA&R Impact of Waihuan Road

Village Subvillage Permanent Land Acquisition (mu)

Note Paddy land

Dry land

Slope farmland

Vegetable land

Water pond

Irri. Canal Total

Fengling No.4 59.25 0.3 0.7 0.94 1.82 63.01

This DDR (2,580m section)

Fengling No.5 63.59 3.12 1.6 1.38 1.1 70.79 Zhujia No.1 36.87 10.12 0.12 0.98 48.09 Zhujia No.5 24.95 5.68 0.36 30.99 Zhujia No.1 & No.5 8.08 8.08 Zhujia DDR Subtotal 192.74 13.54 2.42 8 4.26 220.96

Fengling No.12 6.36 12.88 19.24 Final RP (481.33m section)

Fengling No.11 12.17 0.58 12.75 Zhujia No.1 & No.5 4.45 5.98 10.43

RP Subtotal 22.98 0.58

18.86 42.42

Waihuan Road Total 215.72 14.12 2.42 8 23.12 263.38 Source: DMS results (2012)

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III. Affected Households and Persons

7. Table 2 presents the affected households (HHs) and affected persons (APs). As shown, the Waihuan Road will affect 6 subvillages of 2 villages, 4 of them are also affected by other project roads and other components. The affected land is collectively owned, i.e., owned by respective subvillages (or villagers’ groups). Totally, the land acquisition will affect 1,291 persons of 332 HHs. Jointly affected by this road and other project components, the 2 subvillages in Zhujia village will lose over 20% of their farmland; and these 2 subvillage are categorized as severely affected for implementation of income rehabilitation measures in the final RP of the project.

Table 2 Affected HHs and Persons

Village Subvillage Farmland

Loss (%)

Households Population Per Capita Farmland (mu)

Total Affected Total Affected Before project

After project

Zhujia

No.1* 21.2% (46.7%)** 50 100% 236 100% 0.96 0.76

(0.51)**

No.5* 13.4%* (25.9%)** 49 100% 210 100% 1.09 0.94

(0.81)** Subtotal 99 100% 446 100%

Fengling

No.4*** 13.3% 101 100% 371 100% 1.24 1.08 No.5*** 18.5% 67 100% 311 100% 1.21 0.99

No.11 7.9% (15.8%)** 65 100% 227 100% 0.71 0.65

(0.60)**

No.12 1.4% (6.2%)** 50 100% 172 100% 0.75 0.74

(0.70)** Subtotal 283 100% 1,081 100%

Total 332 100% 1,291 100% * : The income rehabilitation plan the final RP targeted these two subvillages. **: Included the impacts of other roads and other components ***: Affected by this subcomponent only. Source: DMS results (2012)

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IV. Compensation Standards and Entitlements

8. Table 3 gives the compensation rates adopted for the section targeted by this DDR. These standards, identical to those presented in the final RP of the project, were about 40% higher than those stipulated in the Notice No. 17 of Fuzhou Municipal Government (2011).

Table 3 Compensation Standards for Land and Standing Crops Item Land (CNY/mu) Standing Crops (CNY/mu)

Paddy land, cotton land 34,164 1,000 Water pond 34,164 1,000 Vegetable land 34,164 1,500 Dry land 22,890 800 Irrigation canal 35,164 Source: compensation agreements

9. The resettlement entitlement matrix, same as that of the project’s final RP, is presented in Table 4.

Table 4 Entitlement Matrix Type of Impact Application

Entitled Person


Permanent land loss

Acquired land areas of 220.96 mu, 1,941.4 mu, including farmland, vegetable land, slope land, etc.

a) 6 subvillages of 2 villages b) 1,291 APs of 332 HHs c) APs who cultivated the farmland before acquisition.

1. Compensations for land were paid to the affected subvillages by FLRB directly. 2. Compensations for standing crops paid to land users directly by the FLRB. 3. The compensation rate for farmland is CNY22,890 ~ 34,164/mu, details are given in Table 3. The rates are subject to increasing by 31 Dec 2013 if the provisional government issues new standards.

Land compensations paid to subvillages, but kept at Chonggang Township Government per agreement among the project, FLRB, township governments, villages, sub-villages and APs.

Economic rehabilitation farmland loss APs

Affected HHs especially the severely

a) Farmland loss APs of 1,291 from 332 HHs; of which 466 APs of 99 HHs were severely affected by this DDR targeted section and other section

1. Each affected subvillage will evenly distribute the compensations among its members. 2. Redistribution of farmland among APs evenly, supplemented by intensified technical training by Chonggang Township 3. Employment in enterprises in the JEDZ with skill training 4. Self-employment in non-farm sector with skill training and micro credit support

Rehabilitation is targeted by and included in the final RP of the project. Chonggang Township will assist the subvillages for land redistribution JEDZ authority provides skill training for enterprises Municipal and Linchuan District Government agencies provide training for self-employment Village authorities will guarantee APs for

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Entitled Person


applying microcredit APs= Affected Persons; CNY = Chinese Currency Yuan; DDR = Due Diligence Report; FLRB = Fuzhou Municipal Land and Resources Bureau; HHs = Households; JEDZ = Jinchao Economic Development Zone.

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V. Participation and Consultation

10. A number of participation and consultation (C&P) activities were carried out along with project preparation, the preparation of the project’s draft RP in 2011~2012 when this section was covered by the ADB loan, distribution of the project’s resettlement information booklet, detailed measurement survey, actual land acquisition, settling disputes regarding the government/project offered compensation rates, etc, the table below presents the details.

Table 5 C&P Activities

Date Location Participants Content/activities Main Results Mar. to July 2011

6 subvillage and 6 villages

Officials of Chonggang Township, village leaders and representatives of APs

Preliminary impact survey of all acquired land areas

A complete review of all impacts of land acquisition

Apr. 2011 4 subvillages Village leaders and individual APs

Introduction of Project, and collection of opinions on compensation

Conduct social economic survey (questionnaires and small group discussions), among affected villages and HHs

25 Apr. 2011

Chonggang Township

ADB mission, PPTA consultant, Township officials, APs’ representatives

Introduction of Project, ADB Policy and collection of opinions on compensation and rehabilitation

To ensure a better understanding of ADB resettlement policies and project compensation and rehabilitation approach by AP

25 Sept. 2011

Project Office PPTA consultant, Township officials, district agencies, village leaders, representatives of APs

Introduction of draft RP and collection of comments and opinions on compensation and rehabilitation

Disclose draft RP, collected comments and recommendations on compensation rates

April ~ Sept. 2012

6 Subvillages FIDC, Officials of Chonggang Township, and representatives of APs

Detailed measurement survey Distribution of the project’s Resettlement Information Booklet (RIB)

A complete and updated scope of impacts DMS results publicized, latest policies dissiminated. RIB distributed

Set-Dec 2012

6 subvillages and 2 villages

FIDC, FLRB, Chonggang RO, village leaders, APs

Land acquisition, agreement between FLRB and affected subvillages and villages (see Annex 2 for a sample agreement between FLRB and Zhujia Village)

Agreements signed Compensations paid to affected subvillages, but temporarily saved at township government because APs’ concerns of likely higher compensation rates to be issued by the provincial

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Date Location Participants Content/activities Main Results government before 31 Dec 2013.62

Jan 2013 6 subvillages and 2 villages

FIDC, FLRB, Chonggang RO, village leaders, APs

Land acquisition, agreement between FLRB and affected subvillages and villages (see Annex 3 for the agreement between FLRB and Fengling Village)

Supplementary agreements signed, the agreement will become invalided by 31 Dec 2013. The agreement stated that FLRB will follow any latest standards, if issued by the provincial government before 31 Dec 2013, for the acquired land. APs agreed that the Chonggang Township government, as a third party, to keep the compensations for them before 31 Dec 2013.

APs= Affected Persons; CNY = Chinese Currency Yuan; DDR = Due Diligence Report; FIDC = Fuzhou Investment Development Company; FLRB = Fuzhou Municipal Land and Resources Bureau; HHs = Households; JEDZ = Jinchao Economic Development Zone.; RO = Resettlement Office.

62 APs are aware and prefer to wait for the decision to be taken on the compensation rates by Dec 2013.

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VI. Grievance Redress Mechanism

11. A grievance redress mechanism (GRM) was established and publicized among APs through pubic consultation and participation activities and the distribution of RIB. To handle any unforeseeable problems occurring in before 31 Dec 2013, APs would follow the following procedures for grievance:

Stage 4 If APs have any dissatisfaction with land acquisition, they may report to their village committee or the Chonggang Township resettlement office (RO) in oral or in written form. If an oral appeal is made, the village committee or township RO will record it on paper and process it. Village committee or township RO will make a decision on or resolve it in two weeks; in case the complaints are beyond the capacities of village committee or the township RO, they will report to the Fuzhou Municipal RO for guidance. AND/OR

Stage 5 If the APs who lodge a complaint are not satisfied with the results of Stage 1, they may lodge grievance to the RO of the Waihuan Road Construction Headquarter within one month after receiving the decision of Stage 1.63 The latter will make a decision on or resolve it in three weeks. AND/OR

Stage 6 If APs are still not satisfied with the decision given in Stage 2, they may lodge grievance to the PMO of FIDC within one month after receiving the decision. The PMO will make an arbitration decision within four weeks.

12. The AP can at any time appeal to the civil division of a people’s court for a final resort according to the civil court procedure. The organizations will accept the grievance and appeals of the APs free of charge, and the reasonable expenses incurred there will be covered by the overall budget of the Waihuan Road.

13. If there is more than one household with similar grievances that stemmed from a violation of ADB's safeguard policy, they may appeal directly to ADB in accordance with ADB's Accountability Mechanism (2012).64

63 The headquarter was established in Dec 2012. 64 http://www.adb.org/Accountability-Mechanism/default.asp

http://www.adb.org/Accountability-Mechanism/default.asp

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VII. Implementation Status

14. Implementations status is as follows:

a) Based on thorough consultations, as described in Table 5, the preparations for land acquisition of this DDR targeted section of Waihuan Road were completed by December 2012.

b) Land acquisition agreements between LARB and affected subvillages were signed in January 2013. Annex 3 presents a sample agreement for an irrigation canal shared by 3 subvillages. APs agreed that the project could acquire the affected land for immediate construction for the sake of railway operation in October 2013, but they insisted that FLRB must pay compensations at 2013 rates that will likely be more than that stipulated in the agreements. FLRB committed to do so and agreed to sign supplementary agreements with affected villages to confirm its commitments.

c) Along with the land acquisition agreements, therefore, supplementary agreements were signed between FLRB and affected villages (Annex 4 presents a supplementary agreement between FLRB and Fengling Village). In the supplementary agreements, FLRB committed that it will pay affected subvillages with latest land compensation rates before 31 Dec 2013 if the Jiangxi Provincial Government issues new land compensation policies and standards.65

d) Based on joint decisions of FLRB, Fenggang Township RO, affected villages and APs, However, land compensation agreements were made to Chonggang Township Government on 25 January 2013, Annex 4 presents an official receipt of the Chonggang Township Government. The Chonggang Township Government, as a third party trusted by both APs and FLRB, will keep the compensations and froze payments to subvillages before 31 December 2013. In case the provincial government issues new land acquisition policies and compensation standards before 31 Dec 2013, additional compensations from the FLRB as per supplementary agreements will be added to the Chonggang Township Government’s account. Compensations will be finally paid to affected subvillages and APs in January 2014.

e) Farmland occupation taxes and other government charges were paid in February 2013, and Annex 5 shows a farmland occupation tax receipt.

f) Affected land was acquired and transferred to FIDC by FLRB in February 2013, and construction was the mobilised.

g) The affected people under this section will be treated similar to the project AP’s and will be covered by the livelihood restoration plan.

65 No new policy and standards BY 25 August 2013,

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VIII. Outstanding Issues

15. Since 2011, there are large number of new reports66 and rumours saying that land compensation acquisition could be significantly increased, and many APs do believe and hope so although nothing really happened. Believing that higher compensation rates could likely be issued by central and provincial governments by 2013, APs took a decision to wait for the new 2013 rates, if any.

16. To compromise the urgent needs for Waihuan Road construction67 and APs’ desires for higher compensations, based on iterative and thorough consultations, FLRB and the project agreed to sign agreements with affected subvillages under current policy framework (Annex 3) but with supplementary agreements committing to pay compensations at 2013 standards if the provincial government issues new ones before 31 Dec 2013 (Annex 4).

17. However, APs still worried and or feared that once they received the compensations (Annex 3) in early 2013, the project or FLRB might deny the complementary agreements. Therefore, FLRB, Chonggang Township Government and APs jointly decided to froze the compensations by keeping them at a special account controlled by the Chonggang Township Government by 31 Dec 2013. In case there are new and higher standards, yet FLRB or the project refuse to follow or deny the supplementary agreements, APs will not take the frozen compensations but take other counter actions.

18. Given that compensations were not paid to APs yet, FDIC will report this DDR targeted compensation payment status to ADB in the RP implementation progress reports of the project; and FDIC will also invite the external monitor to supervise and assess the implementation status.

66 E.g., http://news.hexun.com/2012-03-25/139700162.html; (ii) http://news.hz.soufun.com/2011-03-09/4642054.htm. 67 It is to march the railway operation in Oct 2013.

http://news.hexun.com/2012-03-25/139700162.html

http://news.hz.soufun.com/2011-03-09/4642054.htm

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Annex 1: Fuzhou Railway Station and Current Waihuan Road

Fuzhou Railway Station (photo taken on 31 July)

Construction Status of Waihuan Road (photo taken on 31 July)

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Annex 2: Land Acquisition and Compensation Agreement

Page 1

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Page 2

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Annex 3: Supplementary Agreement

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Annex 4: Receipt of Chonggang Township (on behalf of Affected Subvillages)

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Annex 5: Receipt of Farmland Occupation Tax

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