appendix d-13: mancheng county wwtp resettlement plan · social safeguards. this resettlement plan...

APPENDIX D-13:

Mancheng County WWTP Resettlement Plan


Mancheng County Wastewater Treatment Project

Resettlement Plan

Mancheng County Wastewater Treatment Plant

July 2007

Integrated Ecosystem and Water Resources Management in Baiyangdian Basin Project


- D-13-I -

Letter of Commitment Through Ministry of Finance, Baoding Municipal Government (BMG) is applying for the loan from the Asian Development Bank (ADB) to finance the present project. Therefore, the implementation of the present project should be in compliance with ADB’s policies of Social Safeguards. This Resettlement Plan represents a key requirement of the ADB and is the key basis for land acquisition, house demolition and resettlement in the present project. This Resettlement Plan also complies with the laws of the People’s Republic of China and local regulations. Besides, for better resettlement outcome it adopts additional measures and arrangements for implementation and monitoring. BMG hereby approves the contents of this Resettlement Plan and guarantees that resettlement budget has been included in the whole project budget and it will be made available as stipulated. BMG has discussed the draft Resettlement Plan with relevant departments and the latter have confirmed their acceptance. BMG authorizes Baoding ADB Project Management Office to be responsible for all project implementation and relevant resettlement activities. Related local governments take charge of actual subproject implementation and executing relevant resettlement. Mayor, Baoding Municipal Government ___________________ (signature) __________________ (date)


- D-13-II -

Executive Summary Mancheng County WWTP Project is a subproject of Integrated Ecosystem and Water Resources Management in Baiyangdian Basin Project, which is funded by ADB. This project will focus on the treatment of industrial and domestic wastewater, the goal of which is to treat domestic and industrial wastewater from phase 1 and 2 construction land. After the implementation of the project, it will greatly ameliorate the environment and water quality of this area, ensure the local people’s health, release the shortage of water resources through water reuse, and cut off the main pollution source in Baiyangdian which is convenient for controlling the pollution of the whole catchment. The Resettlement Plan is based on the feasibility study report, field survey and relevant information survey. During the detailed design, if there is any change of land acquisition scope and/or significant change of ground attachments, the resettlement plan will be revised and submitted to ADB for approval. The CNY 73.669 million of gross investment estimation for Mancheng County WWTP consists of a wastewater treatment plant project and intercepting main pipeline. The project will last two years from February 2008 to February 2010. According to the project process and under the guide of ADB, Mancheng PMO planned to start preparing resettlement plant of this project in September 2006, and finished the resettlement plan and its modification in December 2006, and submitted the RP to ADB’s review in January 2007; After the approval of ADB, the resettlement implementation will be started in September 2007. The compensation for permanent and temporary land acquisition and resettlement subsidies are covered in this estimation, which is CNY 3.63231 million in total, in which CNY 1.8848 million is for the compensation of permanent land acquisition, accounts for 51.89% of the total cost estimate; CNY 343,660 for ground attachments, 9.46% of the total; CNY 1,098,530 for relevant tax, 30.24% of the total; CNY 305,310 for fees and contingencies, 8.41% of the total. In order to avoid or reduce the negative impacts of land acquisition, during the feasibility study phase, it is given more consideration and discussion with the affected villages and the APs. The best one was selected after comparing and optimizing the schemes—the outside of northeast of Mancheng County, and the south west of Liangyu village in Yaozhuang Village, with the requisitioned land 45 mu. The main impacts of Mancheng County WWTP Project mainly are main caused by permanent land acquisition which will affect 41 households with 182 persons in two fishery villages of Yaozhuang Village; and the temporarily occupied land for pipeline network is the state-owned non-maneuverable lane and the original sewage channels, the construction will cause some impacts to the 28 households (98 persons) and 29 shops or enterprises (74 persons)besides the property owners of trees and appendixes


- D-13-III -

along the pipeline construction. However, the implementation of the construction will bring tiny impacts to the households and shops along the lane. According to the scheme, the construction will need permanent land acquisition of 45 mu agricultural land in Liangyu Village, in which 36.9mu is contracted land by farmers (culture land 16.445mu, orchard 20.445 mu) and 8.1mu is village collective land in reserve. In addition, about 43,561.4 m2 land will be temporarily occupied for the construction of pipeline network, in which 28073.4 m2 is non-maneuverable lanes, and 11,120 m2 temporarily occupied land is for the pipeline reconstruction on the original sewage channels. Furthermore, the project will affect 2,565 trees (including permanently and temporarily occupied land), in which there are 1,559 poplars (451 trees diameter>10cm, and 1108 trees diameter<10cm), 18 Chinese pricklyash trees, 2 willows, 986 mature peaches; 2 power poles; 2 wells and 11 tombs. This Resettlement Plan is based on the Land Administration Law of the People’s Republic of China (2004), State Council Circular on the Decisions of Deepening Reform and Administrating Land Strictly (Ref. No. GF [2004] 28), related policies of Hebei province and Baoding municipality, ADB’s Policy on Involuntary Resettlement, and other relevant policies for social security. Also through negotiation with local government and APs, the principles for preparation of this Resettlement Plan are: (i) Involuntary resettlement should be avoided or minimized where feasible; (ii) Compensation and entitlements provided for the APs should be able to at least maintain, or improve their “pre-project” standard of living; (iii) No matter whether they have legal entitlements will All APs be compensated and assisted; (iv) Where land per capita after land acquisition is not sufficient to maintain livelihood, compensation by cash or through land replacement and other income-generating activities will provided for; (v) All APs will be adequately informed on eligibility, compensation mode and standards, livelihood and income restoration plans, project timing, and will be involved in RP implementation; (vi) No land acquisition will take place unless replacement land or sufficient compensation are given to APs; (vii) The EA and independent/ third party will monitor compensation and resettlement operations; (viii) Vulnerable groups will receive special assistance or treatment to ensure then to better off. APs should have the opportunities to benefit from the Project; (ix) RP should be combined with overall county planning; (x) RP budget should be adequate and cover full aspects. As to the permanent land acquisition, the land acquisition compensation includes land compensation fee, resettlement subsidies, and young crops compensation fee. The land acquisition compensation for the annual output value of irrigated land is CNY 1,650/mu, the land compensation multiple is 10 and resettlement multiple is 15.12, the young crops compensation is CNY 800/mu per growth season. The income restoration measures include cash compensation, technical training and


- D-13-IV -

employment priority. According to the agreement with the village committee and the affected households, the one-time cash compensation will be adopted. The compensation fee for the requisitioned contracted land by farmers will be disbursed directly to the affected households; fee for the 8.1mu collective-owned land acquisition will be paid to Liangyu Village group; young crops compensation fee for permanent land acquisition will be paid to the property owners. The total compensation is CNY 1.8848 million. The affected households will invest the compensation fee in non-agricultural business, such as going out for work, transportation, small merchandise business and so on. It will help the poor families to get stable means of living, and encourage the business families to extend their business and household sideline. The fund in the village group will be used to infrastructure, support to low-income families and women. Through different ways, such as, meetings, interviews and group discussions, public participations and negotiations within communities, all the affected persons (including 30% women) were informed of the key content of the resettlement plan. Villagers participated in the project and their opinions were included in the plan. The Resettlement Information Booklet and Resettlement Plan were handed out to the affected persons and villages in December 2006. The first draft of the Resettlement Plan will also be publicized on the ADB’s official website in June, 2007. The grievance redress channel has been established for the affected persons. Each relevant agency should process the complaint and grievance redress from the affected persons for free, and the reasonable fee resulted will be covered by the contingencies. Mancheng County WWTP will work with local labor security department on the resettlement training which includes pre-job training and professional ability training. The construction of this project will create some certain temporary or semi-fixed construction work chances which include material transportation, earthwork project and food provision, etc. Labors in the affected households will be given the priority for taking part of the construction, working at the non-technical posts to increase their incomes and raising their living standard. The Implementation Agency shall provide compensation to the property owner(s) of affected infrastructures and ground attachments, which can be later reconstructed by the property owner. The PMO will give special help and arrangement to the disadvantage group, such as endowment insurance and minimum standard of living security, or work priority according to their competence. Mancheng County Municipal Corporation will be the implementing agency of the project. It will establish Resettlement Department to carry out the specific responsibility for implementation of the Resettlement Plan. In order to ensure that the Resettlement Plan will be carried out smoothly, Baoding Project Management Office (BPMO) will submit an internal monitoring report to ADB each quarter and meanwhile will entrust independent monitoring agency to conduct external monitoring and evaluation and submit the external monitoring reports to ADB and BPMO every six months during the resettlement implementation and submit annual evaluation reports as well within 2


- D-13-V -

years after the completion of resettlement implementation. The internal and external monitoring reports will be disclosed on ADB website. The monitoring and evaluation cost is included in the budget of the resettlement cost.


- D-13-VI -

Abbreviations

ADB Asian Development Bank APs Affected persons BMG Baoding Municipal Government CNY Chinese currency DMS Detailed Measurement Survey EA Executing agency HH Household IA Implementing agency LA Land acquisition LAR Land acquisition and resettlement MLR Ministry of Land and Recourses M&E Monitoring & Evaluation mu Chinese land area unit of measure: 1 mu = 0.0667 ha AAOV Average annual output value PMO Project management office PPTA Project preparatory technical assistance PRC People’s Republic of China RP Resettlement plan TOR Terms of reference WWTP Wastewater treatment plant


- D-13-VII -

Glossary or Terminology

Affected person (or household)

: People (households) affected by project-related changes in use of land, water or other natural resources.

Compensation : Money or payment in kind to which the people affected are entitled in order to replace the lost asset, resource or income.

Entitlement : Range of measures comprising compensation, income restoration, transfer assistance, income substitution, and relocation which are due to affected people, depending on the nature of their losses, to restore their economic and social base.

Income restoration : Reestablishing income sources and livelihoods of people affected Relocation : Rebuilding housing, assets, including productive land, and public

infrastructure in another location. Resettlement effect : Loss of physical and non-physical assets, including homes, communities,

productive land, income-earning assets and sources, subsistence, resources, cultural sites, social structures, networks and ties, cultural identity, and mutual help mechanisms.

Resettlement plan : A time-bound action plan with budget setting out resettlement strategy, objectives, entitlement, actions, responsibilities, monitoring and evaluation.

Vulnerable groups : Distinct groups of people who might suffer disproportionately from resettlement effects.


- D-13-i -

Table of Contents

1 PROJECT INTRODUCTION .................................................................................................. 1

1.1 Brief Introduction of the Project................................................................................. 1 1.1.1 Project Composition and Scope of Land Acquisition ........................................ 1 1.1.2 Project Impacts................................................................................................. 1

1.2 Socio-economical Benefit of the Project ................................................................... 2 1.3 Cost Estimate and Implementation Plan ................................................................... 2

2 PROJECT IMPACTS AND SOCIOECONOMIC STATUS OF THE PROJECT AREA ............ 3

2.1 Measures to Avoid or Minimize the Impacts of Land Acquisition ............................... 3 2.1.1 Project Design and Site-selection Principle ...................................................... 3 2.1.2 Project Scheme Comparison............................................................................ 3

2.2 Survey Measures and Process ................................................................................. 3 2.3 Socioeconomic Status of the Affected County and Town........................................... 4 2.4 Socioeconomic Status of the Affected Village ........................................................... 6 2.5 Project Impacts ......................................................................................................... 7

2.5.1 Permanent Collective-owned Land Acquisition and Project Impacts Analysis... 7 2.5.2 Temporary Land Occupation ............................................................................ 8 2.5.3 Affected Population and Basic Economic Status ............................................ 11 2.5.4 Vulnerable Groups ......................................................................................... 13 2.5.5 Impacts on Women ........................................................................................ 14 2.5.6 Infrastructures and Ground attachments ........................................................ 14

3 LEGAL FRAMEWORK AND POLICIES .............................................................................. 16

3.1 Applicable Laws, Regulations & Policies for Resettlement ..................................... 16 3.2 ADB Policies........................................................................................................... 16 3.3 China’s Laws, Regulations and Relevant Articles ................................................... 18 3.4 Compensation Principles of this Project.................................................................. 24 3.5 Compensation Eligibility Cut-off Date...................................................................... 24 3.6 Definition of the Resettlement Rate ........................................................................ 24

3.6.1 Collective-owned Land Acquisition ................................................................. 24 3.6.2 Temporary Land Occupation Compensation................................................... 25 3.6.3 Infrastructures and Ground attachments Compensation ................................ 25 3.6.4 Other Compensation standard ....................................................................... 25

3.7 Entitlement Matrix ................................................................................................... 27

4 RESETTLEMENT MEASURES............................................................................................ 29

4.1 Objectives of Resettlement ..................................................................................... 29 4.2 Restoration Measures of the Permanently Requisitioned Collective Land .............. 29

4.2.1 Cash Compensation....................................................................................... 29 4.2.2 APs Training................................................................................................... 30 4.2.3 Project Employment ....................................................................................... 30

4.3 Women’s Rights...................................................................................................... 30


- D-13-ii -

4.4 Restoration of Temporarily Occupied Land ............................................................. 31 4.5 Restoration of Infrastructures and Ground attachments.......................................... 31

5 INSTITUTIONAL FRAMEWORK ......................................................................................... 32

5.1 Institution Establishment ......................................................................................... 32 5.2 Staff Arrangement and Training Plan ...................................................................... 32

5.2.1 Staff Arrangement........................................................................................... 32 5.2.2 Training Plan .................................................................................................. 33

5.3 Enhancement Measures for Resettlement Institutions ............................................ 33

6 PUBLIC PARTICIPATION AND GRIEVANCE REDRESS.................................................... 34

6.1 Public Participation ................................................................................................. 34 6.1.1 Public Participation in the Project Preparation Period..................................... 34 6.1.2 Participation Plan in the Period of Implementation ......................................... 35

6.2 Grievance Redress ................................................................................................. 36

7 RESETTLEMENT COST ESTIMATE ................................................................................... 37

7.1 Resettlement Cost Estimate ................................................................................... 37 7.2 Resettlement Investment Plan and Budgetary Resources ...................................... 37 7.3 Resettlement Fund Management and Disbursement .............................................. 37

8 RESETTLEMENT IMPLEMENTATION PLAN...................................................................... 41

8.1 Principles of Resettlement Implementation ............................................................. 41 8.2 Timetable for Resettlement Implementation............................................................ 41

9 MONITORING AND EVALUATION ...................................................................................... 43

9.1 Internal Monitoring .................................................................................................. 43 External Monitoring............................................................................................................... 44

APPENDIX 1 INTERVIEW SUMMARY OF THE AFFECTED VILLAGE COLLECTIVE - LIANGYU VILLAGE, YAOZHUANG TOWNSHIP, MANCHENG COUNTY, BAODING CITY ....................... 46

APPENDIX 2 INVESTIGATION OF THE AFFECTED WOMEN IN LIANGYU VILLAGE, YAOZHUANG TOWNSHIP, MANCHENG COUNTY, BAODING CITY ........................................ 47

APPENDIX 3 INTERVIEW SUMMARY OF THE MINIMUM LIVING GUARANTEE HOUSEHOLD ISSUES ANSWERED BY MANCHENG COUNTY CIVIL AFFAIRS BUREAU ............................ 49

APPENDIX 4 SUMMARY OF THE RESETTLEMENT PLAN PREPARATION HARMONIZATION MEETING HELD BY MANCHENG COUNTY CONSTRUCTION BUREAU AND MUNICIPAL

ENGINEERING CORPORATION................................................................................................. 53

APPENDIX 5 INTERVIEW SUMMARY OF TYPICAL HOUSEHOLDS IN LIANGYU VILLAGE, YAOZHUANG TOWNSHIP, MANCHENG COUNTY, BAODING CITY ........................................ 54

APPENDIX 6 OUTLINE OF EXTERNAL MONITORING ............................................................. 56

APPENDIX 7 RESETTLEMENT INFORMATION BOOKLET...................................................... 59


- D-13-iii -

List of Tables TABLE 2-1 SOCIOECONOMIC STATUS OF MANCHENG COUNTY IN 2005................................................. 5 TABLE 2-2 SOCIOECONOMIC STATUS OF LIANGYU VILLAGE .............................................................. 7 TABLE 2-3 LAND ACQUISITION IMPACTS ANALYSIS IN MANCHENG COUNTY ...................................... 8 TABLE 2-4 LAND ACQUISITION IMPACTS ANALYSIS .......................................................................... 8 TABLE 2-5 LOSS DEGREE OF LAND LOSING HOUSEHOLDS .............................................................. 8 TABLE 2-6 TEMPORARY LAND OCCUPATION CONDITION IN MANCHENG COUNTY WWTP ................ 10 TABLE 2-7 PUBLIC OPINIONS SURVEY ............................................................................................. 13 TABLE 2-8 AFFECTED VULNERABLE GROUPS IN THE PROJECT.......................................................... 14 TABLE 2-9 AFFECTED INFRASTRUCTURES AND GROUND ATTACHMENTS. ............................................ 15 TABLE 3-1 SUMMARY OF MAIN ARTICLES IN LAND ADMINISTRATION LAW AND RELEVANT POLICIES ..... 19 TABLE 3-2 REF. NO.GF [2004]28, REF. NO.GTZF [2004]238, JZ [2004]151 AND THEIR APPLICATION21 TABLE 3-3 RESETTLEMENT PRINCIPLES OF THE PROJECT................................................................. 24 TABLE 3-4 AVERAGE ANNUAL OUTPUT VALUE OF AFFECTED CULTIVATED LAND IN PREVIOUS 3 YEARS25 TABLE 3-5 COLLECTIVE LAND ACQUISITION COMPENSATION STANDARD OF THE PROJECT .................. 25 TABLE 3-6 INFRASTRUCTURE AND GROUND ATTACHMENTS RESETTLEMENT STANDARD OF THE PROJECT25 TABLE 3-7 OTHER COMPENSATION STANDARD OF THE PROJECT....................................................... 26 TABLE 3-8 ENTITLEMENT MATRIX .................................................................................................... 27 TABLE 4-1 COMPENSATIONS FOR VILLAGE GROUP & PERSONS AFFECTED BY LAND ACQUISITION....... 29 TABLE 4-2 TECHNICAL TRAINING PLAN FOR APS ............................................................................. 30 TABLE 4-3 WOMEN TRAINING CONTENTS......................................................................................... 31 TABLE 5-1 STAFF ARRANGEMENT IN RESETTLEMENT INSTITUTIONS INVOLVED IN THE PROJECT ........... 33 TABLE 5-2 RESETTLEMENT STAFF TRAINING PLAN ........................................................................... 33 TABLE 6-1 PUBLIC PARTICIPATION DURING THE PERIOD OF PROJECT PREPARATION ........................... 35 TABLE 6-2 PROJECT PUBLIC PARTICIPATION PLAN ........................................................................... 35 TABLE 7-1 RESETTLEMENT INVESTMENT PLAN OF MANCHENG COUNTY WWTP................................. 37 TABLE 7-2 RESETTLEMENT COMPENSATION COST ESTIMATE OF MANCHENG COUNTY WWTP ............ 39 TABLE 8-1 RESETTLEMENT IMPLEMENTATION TIMETABLE...................ERROR! BOOKMARK NOT DEFINED. TABLE 9-1 PROGRESS REPORT ON LAND ACQUISITION AND RESETTLEMENT...................................... 43 TABLE 9-2 EXECUTIVE PROGRESS ON FUNDS UTILIZATION................................................................ 44 TABLE 9-3 SCHEDULE FOR RESETTLEMENT MONITORING AND EVALUATION ....................................... 45

List of Figures FIGURE 2-1 GEOGRAPHICAL LOCATION OF MANCHENG COUNTY ......................................................... 4 FIGURE 5-1 INSTITUTIONAL FRAMEWORK FIGURE FOR RP ................................................................ 32


- D-13-1 -

1 Project Introduction 1.1 Brief Introduction of the Project Mancheng County WWTP Project is a subproject of Integrated Ecosystem Management and Environmental Protection of the Baiyangdian Lake Catchment Project in Baoding City, Hebei Province, which is funded by ADB. The project consists of a WWTP project and an incepting sewage main pipeline network project. After the implementation of the project, it will greatly ameliorate the environment and water quality of this area, ensure the local people’s health, release the shortage of water resources through water reuse, and cut off the main pollution source in Baiyangdian which is convenient for controlling the pollution of the whole catchment. Being entrusted by Mancheng County Construction Bureau, institution concerned has finished “The Feasible Study Report of Mancheng County Wastewater Treatment Project” in August 2006, and the Resettlement Plan is based on the feasible study report, field survey and relevant information survey. During the detailed design, if there is any change of land acquisition scope and/or significant change of ground attachments, the resettlement plan will be revised and submitted to ADB for approval. 1.1.1 Project Composition and Scope of Land Acquisition The Mancheng County Wastewater Treatment Project consists of Mancheng County WWTP, wastewater collection system, drainage pipe system and inside roads. Refer to Table 1-1 for the project composition.

Table 1-1 Brief Description of Project Composition Project Brief Description Remarks

WWTP Project Establish a proposed WWTP with the first phase treatment capacity of 40,000m3 per day, and the second phase treatment capacity of 80,000 m3 per day.

The area of occupied land for the WWTP is 45mu, involving 41 households in Liangyu Village.

Pumping Station Established one pumping station with 1mu occupied land. Tha land has heen expropriated in the construction of rain and wastewater drainage system in 1995.

Pipeline Network Project

The construction of phase one incepting sewage main pipeline, Pipe diameter: D4300-1400mm, pipe length: 11.1km.

Temporary land occupation is 43561.4m2 for pipeline network laying project.

1.1.2 Project Impacts The main impact of Mancheng County WWTP is permanent/temporary land occupation,


- D-13-2 -

involving total area 45 mu in Liangyu Village of Yaozhuang County. In this project there is no removing of building or enterprises, but it will affect 884 households with 3390 persons in Liangyu Village, the total cultivated land is 2465.2 mu, and per capita cultivated land is 0.73 mu. in the village there are 2004 labor forces, in which 1375 persons engaged in agricultural production, accounting for 68.6% of the total labor forces; 629 persons engaged in non-agricultural production, such as going out for work (mainly in construction industry and service industry), or working in nearby paper mill and packinghouse, accounting for 31.4% of the total labor forces. The temporarily occupied land for pipeline will not directly affect persons. In this project the permanent requisitioned land for WWTP is 45mu cultivated land in Liangyu Village, in which 8.1mu is collective-owned land; it will occupied 36.9mu cultivated land contracted by farmers in 6 teams of Liangyu Village, including 16.445mu field crops and 20.445mu orchard. It is surveyed that during the construction of WWTP the main involved ground attachments are trees (poplars, fruit trees and Chinese prickly ashes), wells and tombs; during the construction of pipeline the main involved ground attachments are trees along the pipeline(poplars and willows). 1.2 Socio-economical Benefit of the Project The estimated socioeconomic benefits are: (1) improve the investment environment, accelerate the development of Mancheng County and its small cities and towns of peripheral areas, promote trade contracts between Mancheng County and its mall cities and towns of peripheral areas, and benefit the fund introduction. (2) Furthermore improve the tourism environment, promote tourism development. (3) Greatly decrease the water pollution degree of Caohe River, and make the best use of its farm irrigation as a function water, increase the output of agricultural crops, bring about an advance in agriculture. (4) control effectively urban water pollution and prevent the water resources. (5) improve the city appearance, ensure the health of inhabitant, and create the necessary condition of the sustainable development of Mancheng County. 1.3 Cost Estimate and Implementation Plan The total cost estimate for the Mancheng County Wastewater Treatment Project is CNY 73.669 million, in which CNY 3.63231 million is for resettlement cost estimate, accounts for 4.93% of the total investment. It will last 2 years from February 2008 to February 2010. According to the schedule of the implementation, under the guide of ADB TA office, Mancheng County PMO started to prepare the Resettlement Plan in September 2006, and the Resettlement Plan was finished, modified, and submitted to ADB for a review on 31st January 2007. After the plan being approved by ADB, land acquisition, compensation and resettlement implementation plan to start in September 2007.


- D-13-3 -

2 Project Impacts and Socioeconomic Status of the Project Area 2.1 Measures to Avoid or Minimize the Impacts of Land Acquisition 2.1.1 Project Design and Site-selection Principle In the phase of project design, in consideration of minimizing the area of acquisition and resettlement, the main principles are: - Avoid or reduce the occupation of the present and planning residential districts; - Avoid or reduce the occupation of high-quality cultivated land; - Utilize the existing roads available to the project site, either by the national ones or the local ones; - Avoid or reduce the occupation of the environmentally sensitive area. 2.1.2 Project Scheme Comparison The project is based on comprehensive survey on the technology reliability, economy reasonability and implementation feasibility of the key factors concerned such as the site-selection of WWTP and the wastewater treatment technology by comparing and optimizing the schemes. Based on the comprehensive planning of Mancheng County, the institution demonstrated rigidly and thoroughly the WWTP site selection and the pipeline network layout, at last the WWTP site was selected at the outside of Waihuan Road northeast corner of Mancheng County, and the southwest of Liangyu Village of Yaozhuang County, with the total area of 45mu. The impact is minor from the temporarily occupied land for pipeline layout. The WWTP located near Caohe River, the advantages of the selected scheme are: It is helpful to discharge the treated wastewater; convenient traffic, transportation, water and electricity; no house demolition, having certain hygienic protecting distance, according with the planning of Mancheng County and the layout and planning of Mancheng County. Besides, during the implementation it should pay attention to the site selection of stock ground and accumulative place of wastes to avoid non-necessary land acquisition; according to the implementation scheme it should inform the households to reduce their losses. 2.2 Survey Measures and Process In August 2006, in order to know the impact condition and according to the requirement of ADB, Mancheng County WWTP technicians and the resettlement plan design institute conducted surveys on various indexes of affected physical goods with the coordination of the competent authorities (Mancheng County Construction Bureau), the cadres and villagers in affected villages and groups. An overall account was conducted collecting


- D-13-4 -

statistics on household basis and then endorsed by affected households and department concerned. In August 2006, the mean time, the survey was conducted sampling investigation with all affected families. The investigation conducted in four levels: county, affected township, affected village and affected households. The investigation contents are about socioeconomic conditions, especially the basic status of the affected households including family members, land acquisition impacts, family financial conditions and resettlement wills. The survey group also went deep into the village committee and village group and invited further opinions and proposals on the resettlement in form of conversation and negotiation participated by the village committee, village group and persons to be affected. 2.3 Socioeconomic Status of the Affected County and Town (1) Socioeconomic Status of the Affected County

Figure 2-1 Geographical Location of Mancheng County

Mancheng County has 4 organic towns, 9 townships and 245 administrative villages, with a total area of 718 km2, overall population of 387,515, in which 195,882 is male. In 2005 In 2005, the GDP in Mancheng County was CNY 4.49764 billion, and the per capita GDP was CNY 11606, an increase of 12.1% over the previous year. In 2005 the County developed steadily industrial and agricultural production, achieved financial revenue CNY 24.019 million increased by 16.9%. The total output value of farming, forestry, animal husbandry, side line production and fishery was CNY 1.53376 billion, in which the area of planting was 469,398 mu, with 174,911 tons grain total output. The total industrial production value was CNY 8.08799 billion, the industrial added value

Mancheng County

Baoding Municipality


- D-13-5 -

of the year was CNY 2.34304 billion, and the social fixed assets investment was CNY 1.86952 billion. Mancheng County maintained a stable development in agriculture and rural area with an increase of farmers' income. The per capita disposable income was CNY 7,289 in 2005, an increase of 8.4% over the previous year; the per capita farmers’ net income was CNY 3894, up by 5.6% over the previous year. The inhabited environments were further improved; the per capita living area was 25.7 m2 in urban area, and 25.4 m2 in rural area. Refer to Table 2-1 for the socioeconomic status of Mancheng County in 2005.

Table 2-1 Socioeconomic Status of Mancheng County in 2005 The Per Capita Living Area (m2)

Per Capita Income (CNY)

County The Total Production Value (CNY10,000)

Fiscal revenue(CNY10,000)

The TotalIndustrial Production Value (CNY10,000)

The total outputvalue of farming,forestry, animalhusbandry, sideline productionand fishery(CNY10,000)

The Social Fixed Assets Investment (CNY10,000) Urban

Area Rural Area

Urban Area

Rural Area

Mancheng County 449764 24019 808799 153376 186952 25.7 25.4 7289 3894

(2) Socioeconomic Status of the Affected Villages Yaozhuang Village is situated in 8 km northeast of Mancheng County, south to No.107 national road and Manda Road, west to Waihuan road, Caohe River flows from west to east through the township. Yaozhuang Village has convenient traffic and rich sand mineral resource. Yaozhuang Village governs 16 administrative villages, there were 5,385 households with 21,666 persons, in which 10,075 was male, 20,989 was agricultural population, and 677 was non-agricultural population. The total labor forces were 15,000 in the township, among which 3500 was industrial labors and 10,040 was agricultural labors, and 1,460 was tertiary industrial labors. The total cultivated land area was 24,874 mu, among which 17,500 mu was field crops, 4,374 mu was orchard (plum, peach and so on), 1,000 mu was forest land (fast-growing poplar). In 2005 the per capita cultivated land was 1.15 mu, and the grain output was 12,680 tons. In 2005 the total production value was CNY 688.96 million, among which agricultural output was CNY 122.40 million, the industrial output was 561.56 million, and the tertiary industrial output was 5 million. The per capita farmers’ net income was CNY 3,555, the proportion of agricultural income was 35%, and the proportion of non-agricultural income was 65%. Yaozhuang is a big agricultural village. It plants grain crops as well as economic crops, such as Elizabeth melons, strawberries, fruits and vegetables and so on. During the socioeconomic development in Yaozhuang Village, it adopted the policy of Agricultural industrialization, combination of agriculture and industries, and formed economic areas step by step: high benefit agricultural demonstration zone with the area of 10,000 mu, Daxucheng-centered dairy cattle raising zone , industrial zone has had some scopes,


- D-13-6 -

and the ten thousand meters green belt near Caihe river has ameliorated the ecological environment. 2.4 Socioeconomic Status of the Affected Village The project will affect 884 households with 3390 persons, and 2,465.2 mu cultivated land with 0.73 mu of per capita cultivated land in Liangyu Village of Yaozhuang Township. The population of labor force was 2004. Among the population: 1,375 persons were engaged in agriculture, accounting for 68.6%; 629 in others accounting for 31.45%, (construction industry, service industry, vicinal paper mills and processing plant etc.). In 2005 the GDP of Liangyu Village was CNY 23.43 million, in which the gross agriculture product was CNY 5.78 million, accounting for 24.7% of the total; the gross industry product was CNY 16.60 million, accounting for 70.8%; and the gross product of tertiary industry was CNY 1.05 million, accounting for 4.5%. Besides planting field crops, it also has orchards and 4 paper mills. In this village the per capita income was CNY 3,850, among which agricultural income accounts for 35%, and non-agricultural income accounts for 65%. Refer to Table 2-2 for the socioeconomic status of Langyu Village.


- D-13-7 -

Table 2-2 Socioeconomic Status of Liangyu Village

Items Liangyu Village The Total Households (Households) 884 Population (Person) 3390 In which：Male 1715 Agricultural Population (Person) 3304 Non-agricultural Population (Person) 86 The Total Labor Force (Person) 2004 Industrial Labor 539 Agricultural Labor 1375 The Tertiary Industrial Labor 90 The Area of Cultivated Land (mu) 2465.2 In Which：Collective-owned Land in Reserve by Village Group Wheat Yield (kg/mu) 450 Corn Yield (kg/mu0 550 Per Capita Cultivated Land (mu/Person) 0.73 The Total Output (CNY10,000) 2343 Agricultural Production Value (CNY10,000) 578 Industrial Production Value (CNY10,000) 1660 The Tertiary Industrial Production Value (CNY10,000) 105 The Farmers’ Net Income 3850 In Which：Agriculture (%) 35 Industry (%) 55 The Tertiary Industry (%) 5 Others (%) 5 2.5 Project Impacts 2.5.1 Permanent Collective-owned Land Acquisition and Project Impacts

Analysis (1) Permanent Collective-owned Land Acquisition The project will permanently acquire 45 mu agricultural land in Liangyu Village for WWTP construction, in which 8.1mu is collective land. The permanent land acquisition involves 36.9mu land contracted by 41 households, with 16.455mu cultivated land and 20.455mu orchard. In this project the land (1 mu) for new pumping station construction was included in the requisitioned land for the project of rain and sewage collection system and has been requisitioned in 1985, so there is need to compensate for this part of land. Refer to Table 2-3 for land acquisition impacts analysis in Mancheng County.


- D-13-8 -

Table 2-3 Land Acquisition Impacts Analysis in Mancheng County Land contracted by farmers (mu) Collective-owned Land (mu) Project

Cultivate Land Orchard Subtotal Cultivated Land Subtotal WWTP 16.455 20.445 36.9 8.1 8.1

(2) Collective-owned Land Acquisition Impacts Analysis The project will occupy 45mu collective-owned land, accounting for 1.83% of agricultural land in this village. Refer to Table 2-4 is for the land acquisition impacts analysis.

Table 2-4 Land Acquisition Impacts Analysis Before Land Acquisition Land Acquisition Impacts Land Acquisition Impacts

Village Total Households (household)

Population (people)

Agricultural Land Area

(mu)

Cultivated Land and Orchard

Area (mu)

Affected Households (household)

Affected Population

(people)

Ratio of Households

(%)

Ratio of Population

(%)

Ratio of Land

Acquisition (%)

Ratio of

Loss (%)

Liangyu Village 884 3390 2465.2 45 41 182 4.64 5.37 1.83 0.433

Among the affected 41 households, there are 8 households whose loss ratio of contracted land is 20%, the loss ratio of 19 households is 12%~20%, and the loss ratio of 14 households is less than 12%. Refer to Table 2-5 for the loss degree of land losing households.

Table 2-5 Loss Degree of Land Losing Households Ratio Land Loss < 12% 12%-20% 20%-32%

Households 14 19 8 Ratio of Income Loss 2%~14% 1%~20% 5%~15%

2.5.2 Temporary Land Occupation According to the temporary land occupation scheme, the main temporarily occupied land of the project is the areas used for construction of the auxiliary pipeline network. The total temporarily occupied land area is 43561.4m2, of which the non-maneuverable lanes area is 28073.4m2. The construction of pipeline network will directly affect the Beiping Road (from Xicheng Street to Huanchengdong Road), Zhongshan Road (from Yanzhao Street to Huanchengdong Road), Changwangnan Road (from Jianweibei Road to Huanchengdong Road), Huanchengdong Road (from Changwangnan Road to Huanchengbei Road), Huanchengbei Road (from Huanchengdong Road to Dongsi Street). The temporarily occupied land for reconstruction of pipeline network is about 11,120 m2, which is at the position of the old simple sewage. The temporarily occupied land for the pipeline laying is 4368m2 in zone of Beier road, because the road hasn’t constructed, there is no need to excavate the road. Refer to Table 2-6 for temporary land occupation condition. .According to the project scheme, the implementation will affect 28 households (98persons) and 74 workers in 29 shops (enterprises), due to the wide breadth of the motor lane and using present sewages, it is no need to widen the lane. So the most of


- D-13-9 -

implementation of the pipeline construction will bring tiny impacts to the households and shops along the lane, it is no need to compensate the households and shops along the lane for the impacts. At the same time, the engineering and environmental protecting measures should not excessively disturb surrounding environment and construction monitoring should be adopted in the implementation. During the implementation, it should adopt the engineering and environmental protecting measures such as watering, paving temporary paths etc. so as to avoid the problems of dust-blowing, traffic jam and other adverse impacts. In the mean time, the construction of the auxiliary pipeline network will be divided into several flexible parts. Each part lasts about one or two weeks. During the implementation, paving kinds of temporary paths and posting signs will be needed to reduce or minimize the impacts. The IA will compensate the households and shops along the lane for the impacts when the construction lasts longer than that of planned, the compensation standard is CNY 100/day, which has covered in contingencies. Refer to Table 2-6 for temporary land occupation condition.


- D-13-10 -

Table 2-6 Temporary Land Occupation Condition in Mancheng County WWTP

Project The Scope of Occupied Land Area of Land Occupied (m2)

The impacts of temporary Land Occupation

Households Enterprises

Type of Land The Starting Point

The Ending Point Located Zone Land

Property

Pipe Diameter (mm)

Length (m)

Area Subtotal Households Population

Affected contend and degree

The number of enterprises

The number of employees


Unbuilt Unbuilt Beier Road State-owned 800 732 3074.4

Unbuilt Huanchengdong Road Beier Road State-owned 900 308 1293.6

Xicheng Street Yanzhao Street Beier Road State-owned 500 616 1232

Yanzhao Street Yucai Street Beier Road State-owned 600 852 1874.4

Yucai Street Huanchengdong Road Beier Road State-owned 800 440 1848

Yanzhao Street Buxing Street Zhongshan Road State-owned 400 252 504

Buxing Street Yongle Road Zhongshan Road State-owned 500 309 618 6 20 Minor effect on traffic

6 14 Minor effect on traffic

Yongle Road Huanchengdong Road Zhongshan Road State-owned 600 665 1463

Jianshe Road Huanchengdong Road

Changwangnan Road State-owned 800 1586 6661.2

Changwangnan Road Zhongshan Road Huanchengdong

Road State-owned 800 784 3292.8

Zhongshan Road Beier Road Huanchengdong Road State-owned 1000 1500 6300

Beier Road Huanchengbei Road

Huanchengdong Road State-owned 1400 248 1240 7 25

Minor effect on traffic


Non-manevurale lanes

Huanchengdong Road Dongsi Street Huanchengbei

Road State-owned 1400 608 3040

32441.4



Huanchengbei Road Pumping Station Unbuilt State-owned 1400 1557 7785 5 17



Occupied Land for Pipeline Network

Ditch

Pumping Station WWTP Unbuilt State-owned 1400 667 3335

11120

Total 11124 43561.4 43561.4 28 98 29 74


- D-13-11 -

2.5.3 Affected Population and Basic Economic Status (1) Affected Population The affected population caused by permanent land acquisition is 41 households with 182 persons in Liangyu Village. There are 2 households enjoying the “lowest life guarantee” from the government, accounting for 1.60% of total sampling. The temporarily occupied land is state-owned non-maneuverable lanes and the reconstruction of the old simple sewage. There will be temporary impacts on 28 households with 98 persons and 29 shops or enterprises with 74 persons, besides the property owners of trees and appendixes along the pipeline laying lanes, but the impacts are minor. (2) Basic Economic Status of Affected Population In order to know the basic status of the affected people, the Socioeconomic Survey Team has conducted a sample survey on the affected 48 households in all, including 41 household of permanent land acquisition and 7 households(7 out of 28) of temporary land acquisition. The results are as follows: 1) Nationality and gender analysis. Among the 48 households with 224 persons, all the affected people in the sample survey are of Han Nationality, including 121 men, which accounts for 54% of the total population; and 103 women, which accounts for 46% of the total population; and 80 women labor forces, which accounts for 77.7% of the total female population. 2) Age structure. Among the 48 households with 224 persons, there are 12 children aged from 0—6, accounting for 5.1% of the total population; 20 persons aged from 6—18, accounting for 8.5% of the total population; 170 persons aged from 18—60, accounting for 77% of the total population; 16 persons above the age of 60, accounting for 9.4% of the total population. 3) Educational background. Among the 48 households with 224 persons, there are 8 illiterates, 0.4% of the total population; 44 persons graduated from primary school, 22% of the total population; 72 of them graduated from junior high school, 36% of the total population; 64 of them graduated from senior high school, 32% of the total population; 12 of them graduated from junior college and above, 0.6%of the total population. 4) Dwelling space. Among the 48 households with 224 persons, most of their houses are brick-concrete mixed structures, the average dwelling space is 103.12 m2 per household and per capita dwelling space is 22.1 m2, 5) Cultivated land resources. Among the 48 households with 224 persons, the average


- D-13-12 -

cultivated land area is 2.82 mu/household and per capita cultivated land area is 0.6 mu. 6) Family property. Among the 48 households with 224 persons, the average number of television is 1.13 per household; average number of refrigerator is 0.82 per household; average number of electric fan is 1.39 per household; average number of washing machine is 0.91 per household; average number of telephone is 0.3 per household; average number of mobile phone is 0.65 per household; average number of motorcycle is 0.39 per household. 7) Family income and expenditure. According to the survey on the 48 sampled households with 224 persons, per household annual total income is CNY 27,830, in which the agricultural income is CNY 7,152.31, accounting for 25.7% of the total income;, other incomes is CNY 6,373.07, 22.9% of the total income. The per household average annual gross expenditure is CNY 8,171, among which the seed expenditure is CNY 315.65, 3.86% of the total expenditure; the fertilizer and pesticide expenditure is CNY 1,256.52, 15.38% of the total expenditure; the irrigation fee is CNY 458.57, 5.61% of the total expenditure; the mechanical work fee is CNY 151.63, 1.86% of the total expenditure; the water fee is CNY 5.4, 0.12% of the total expenditure; the education fee for children is CNY 821.74, 10.06% of the total expenditure; the medical expense is CNY 1,100, 13..46% of the total expenditure; the fuel cost is CNY 944.78, 11.56% of the total expenditure; the food cost is CNY 1,478.26, 18.09% of the total expenditure; and the other cost is CNY 367.83, 4.5% of the total expenditure. The per capita net income is CNY 6,412, yearly savings is CNY 4,915. 8) Public opinion The Socioeconomic Survey Team also conducted a survey on the public opinion and the results are: - Project awareness: 100% of the sampled households are familiar with the project. - Project support attitude: 100% of the sampled households support the project.100% of the sampled households known that they can complain through legal ways when their legal rights are invaded. - Resettlement mode: 100% of the sampled households require cash compensation. Refer to Table 2-7 for survey result.


- D-13-13 -

Table 2-7 Public Opinions Survey Results

1 2 3 4 5 Questions Answers Surveyed Households Population Ratio Population Ratio Population Ratio Population Ratio Population Ratio

Are you familiar with the project?

(1)very familiar (2)not very familiar (3)unfamiliar

48 1.00 0.00 0.00 0.00 0.00

Do you support this project?

(1)support (2)disapprove (3)it doesn’t matter

48 1.00 0.00 0.00 0.00 0.00

Whom do you think the project will benefit?

(1)State (2)Collective (3)Individual 48 1.00 45 0.94 40 0.83 0.00 0.00

Are you satisfied with the present water condition?

(1)very satisfied (2)just so so (3)unsatisfied (4)it doesn’t matter

0.00 23 0.48 15 0.31 10 0.21 0.00

How does water shortage or environmental pollution impact your life?

(1)no (2)not serious (3)serious (4)very serous

2 0.04 11 0.23 26 0.54 9 0.19 0.00

What benefit do you think the project will bring you?

(1)improve living environment (2)improve working environment (3)increase job opportunity (4)good for health

48 1.00 48 1.00 0.00 48 1.00 0.00

What disadvantage do you think the project will give you?

(1)no disadvantage (2)impact transportation (3)economic loss caused by house demolition (4)the land acquisition will reduce family income (5)other disadvantageous impacts

0.00 0.00 0.00 41 0.85 7 0.15

Do you know the policy of land acquisition and relocation, and resettlement?

(1)very familiar (2)not very familiar (3)unfamiliar 37 0.77 11 0.23 0.00 0.00 0.00

During the land acquisition and relocation, do you know that you can complain when your legal rights are invaded?

(1) Yes (2)No

48

48 1.00 0.00 0.00 0.00 0.00

2.5.4 Vulnerable Groups (1) The low-income families According to the socioeconomic survey, in the affected 41 households there is one five-guarantees household with 3 persons and one low-income family with 4 persons,


- D-13-14 -

and they are enjoying the policy of “five guarantees” and “lowest living guarantee” respectively. Refer to Table 2-8 for the details of vulnerable groups in the project.

Table 2-8 Affected Vulnerable Groups in the Project The No. of Head

of Household Age Family population Reason Policy enjoyed

1 75 4 Engage in farm, no non-agricultural income, and being old and very sick.

CNY30 per month for living aid, disbursed by county and city levels finance together.

2 67 3 Engage in farm, no non-agricultural income, and being hemiplegia.

CNY80 per month for living aid, disbursed by county finance.

(2) The completely landless farmers There is no completely landless household, and the highest ratio of land loss is 76.05% in Liangyu Village, Yaoxiang County. (3) The minorities In the project there is no minority households affected. 2.5.5 Impacts on Women Among the affected population, there are 103 women, 46% of the total population. In the land-requisitioned households, there is no such household in which single woman is the master laborer because of losing spouse, being divorced or being deserted etc. According to the socioeconomic survey, old women do more housework and some agricultural productions in busy farming seasons; young women do housework and small business, and work in service industry. So the implementation of this project will not cause reduction of women’s income. Most of the surveyed women think that they want to receive cash compensation, and the priority of work opportunity. They also think that the construction of WWTP will improve the drinking water quality and they all support the project construction. 2.5.6 Infrastructures and Ground attachments The project consists of the construction of the WWTP and the pipeline laying. According to the socioeconomic survey, during the construction of WWTP, it will affect trees (poplars, fruit trees and Chinese prickly ash etc.), wells and tombs; during the pipeline laying it will disturb the trees (poplars and willows) along the lanes Refer to Table 2-9 for the affected infrastructures and ground attachments.


- D-13-15 -

Table 2-9 Affected Infrastructures and Ground attachments. Project

Item Unit WWTP Wastewater

pipeline network Total

Poplar diameter<10cm 763 345 1108

Poplar diameter>10cm 186 265 451

Chinese prickly ash 18 18

Willow 2 2

Tree

Peach (mature)

Tree

986 986

Power Pole Pole 7 7

Tomb tomb 11 11

Wells well 2 2


- D-13-16 -

3 Legal Framework and Policies 3.1 Applicable Laws, Regulations & Policies for Resettlement The resettlement policies of this project are mostly based on ASIAN DEVELOPMENT BANK (ADB)’s policies and relevant laws and regulations of the People’s Republic of China, including: ADB Policies and Guidelines - Involuntary Resettlement, Asia Development Bank (ADB), Manila. 1995; - Handbook on Resettlement: A Guide to Good Practice, ADB Manila, 1998; - Gender Checklist: Involuntary Resettlement, ADB Manila, February 2003; - OM Section F2 —Operations Manual: Bank Policies (BP) and Operational Procedures (OP), ADB, Manila，2006. Laws and Regulations of PRC - Land Administration Law of the People’s Republic of China (effective as of 28 August, 2004) - State Council Circular on the Decisions of Deepening Reform and Administrating Land Strictly (State Council [2004] No. 28, effective as of 21 October 2004) (Ref. No.GF[2004]28) - Provisions of Public Hearings on Land and Resources (MLR, effective as of 1 May 2004) - Guiding Opinions on Improving Compensation and Rehabilitation System for Land Acquisition (No. 238 Decree and issued by Ministry of Land and Resources in 2004) (Ref. No.GTZF[2004]238) - Pre-examination Management Methods of Land for Construction Project (Document 27 in 2004, MLR) - Public Announcement Methods on Land Requisition (MLR, effective as of 1 Jan. 2002) - Regulations on Land Administration of Hebei Province (effective as of 27 May, 2005) - Circular on implementation opinions of Deepening Reform and Administrating Land Strictly (Document 151 in 2004, Hebei provincial peoples’ government) (JZ[2004]151) 3.2 ADB Policies The three important elements of involuntary resettlement of ADB are: (i) compensation for lost assets and loss of 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. Some or all of these elements may be present in projects involving involuntary resettlement. For any project that requires involuntary resettlement, resettlement should be an integral part of project design and should be dealt with from the earliest stages of the project cycle, taking into account the following basic principles:


- D-13-17 -

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


- D-13-18 -

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. Where loans include subprojects, components or investments prepared only after project approval and loans through financial intermediaries that are likely to cause involuntary resettlement, sufficient contingency allowance must be allocated for resettlement prior to approval of the loan. Similarly, resettlement plans should also reflect the timeframe for resettlement planning and implementation. (xi) Eligible costs of compensation. Relocation and rehabilitation may be considered for inclusion in ADB loan financing for the project, if requested, to assure timely availability of the required resources and to ensure compliance with involuntary resettlement procedures during implementation. 3.3 China’s Laws, Regulations and Relevant Articles In this subproject, Land Administration Law of the People’s Republic of China is the major legal basis. Relevant regulations and policies as presented in Section 3.1 of this chapter have also been enacted by the Ministry of Land and Resources and the Hebei Provincial Government. Refer to Table 3-1 for the main articles related with project resettlement policies. State Council Circular on the Decisions of Deepening Reform and Administrating Land Strictly (State Council [2004] No. 28, effective as of 21 October 2004) (Ref. No.GF[2004]28) defines further the principles of compensation for land acquisition and resettlement, compensation standard, land acquisition procedures and monitoring system. Correspondingly, Ministry of Land and Resources issued Guiding Opinions on Improving Compensation and Rehabilitation System for Land Acquisition (No. 238 Decree and issued by Ministry of Land and Natural Resources in 2004) (Ref. No.GTZF[2004]238) and Circular on implementation opinions of Deepening Reform and Administrating Land Strictly (Document 151 in 2004, Hebei provincial people’s government) (JZ[2004]151) was issued by Hebei Province. These documents have become the basis for resettlement of this project and the main contents of the above-mentioned policies and their applications in the project are shown in Table 3-2.


- D-13-19 -

Table 3-1 Summary of Main Articles in Land Administration Law and Relevant Policies Items Main Contents Reference

Land Ownership

♦ The People's Republic of China practises the socialist public ownership of land, namely ownership by the whole people and collective ownership by the laboring masses.

♦ The state practises the system of paid-for use for state-owned land in accordance with law. However, appropriation of state-owned land use right by the state within the scope prescribed by law is excluded.

Article 2, Land Administration Law of People’s Republic of China

♦ Any unit or individual that needs to use land for construction must apply for the use of state-owned land in accordance with law; ……

♦ For occupation and use of land for construction involving turning agricultural land into land for construction, formalities of examination and approval for turning agricultural land into other uses should be completed. ……

Article 43, Article 44, Land Administration Law of People’s Republic of China Application for

Construction Land ♦ For occupation and use of land for construction, strategy of land transition in batch should be formulated by

the city-level and county-level land administration departments in accordance with the annual land use plan. For those acquired cultivated land, strategy of cultivated land supplement should be formulated at the same time, which will be sent to the above government for examination and approval step by step after it is agreed by the government at the same level.

Article 36, Land Administration Regulations of Hebei Province

♦ Requisition of the following land shall be subject to the approval of the State Council: (1)basic farmland; (2)cultivated land other than the basic farmland exceeding 35 hectares; and (3)other land exceeding 70 hectares.

♦ Requisition of land other than those prescribed in the preceding paragraph shall be subject to the approval of people's governments of the provinces, autonomous regions and municipalities directly under the Central Government, and submitted to the State Council for the record.

Article 45, Land Administration Law of People’s Republic of China Purview of Land

Acquisition ♦ For occupation and use of land collectively owned by peasants, land acquisition strategy should be drawn

out by the city-level and county-level land administration departments. When the strategy is approved by the government at the same level, it should be sent to the above people government for examination and approval step by step.

Article 37, Land Administration Law of Hebei Province

Announcement for Land Acquisition

♦ For land requisitioned by the state, local people's governments at or above the county level shall, upon approval pursuant to legal procedures, make an announcement and organize its implementation. ……

♦ 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.

♦ 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.

Article 46, Article 48, Article 49, Land Administration Law of People’s Republic of China


- D-13-20 -

Items Main Contents Reference ♦ For requisition of land, compensation shall be given in accordance with the original use of the requisitioned

land. ♦ Compensation fee for the cultivated land requisitioned include land compensation fee, subsidy for

resettlement as well as compensation fee for ground attachments and young crops. Land compensation fee for the cultivated land requisitioned shall be six to ten times of the average annual output value in the three years prior to requisition. Subsidy 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 per capita occupancy of cultivated land of the unit requisitioned. The rate of subsidy for resettlement per head of the agricultural population that requires resettlement shall be four to six times of the average annual output value in the three years prior to requisition of the said cultivated land. However, the maximum subsidy for resettlement for cultivated land requisitioned per hectare shall not exceed fifteen times of the average annual output value in the three years prior to the requisition.……

Article 47, Land Administration Law of People’s Republic of China

Compensation Rate for Land Acquisition ♦ Compensation fee for the acquired cultivated land should be 6-10 times of the annual output value of the

affected cultivated land in the previous three years.…… ♦ Resettlement subsidies should be 4-6 times of the annual output value of the affected cultivated land in

previous three years. …… ♦ If land compensation fee and resettlement subsidies due to current laws and regulations are not enough to

maintain their previous living standards, the subsidy for resettlement may be increased with the approval of the people’s governments of province. However, the sum of land compensation fee and resettlement subsidies should not exceed the following limit: 1) for the acquired cultivated land, compensation fee should not exceed 30 times of the annual output value of the affected cultivated land in the previous three years; ……

♦ Compensation for standing crops are calculated based on one crop season. Compensation rate for ground attachments should be determined by the municipality-level government which owns districts, and can be implemented after the approval of the provincial government.

Article 38, 39, 40, 41, Land Administration Regulations of Hebei Province

♦ User of temporary use of the land should use the land according to the use agreed on in the contract for the temporary use of the land and shall not construct permanent constructions thereon. The duration of temporary use of land shall generally not exceed two years.

Article 57, Land Administration Law of People’s Republic of China Temporary Use

of Land ♦ Temporary use of the land should be approved by the concerned municipality-level and county-level land administration departments in accordance with relevant regulations.

♦ Temporary land use procedures should be transacted again when the time of the former temporary use of land exceeds two years.

Article 56, Land Administration Regulations of Hebei Province


- D-13-21 -

Table 3-2 Ref. No.GF [2004]28, Ref. No.GTZF [2004]238, JZ [2004]151 and Their Application

Ref. No.GF[2004]28 Ref. No.GTZF[2004]238 JZ[2004]151 Policies in the Project

Article 12 the measures for land acquisition compensation improvement

•The people’s governments at and above the county level shall adopt effective measures to ensure that the persons affected by land acquisition don’t decrease their living standards because of land acquisiton. •Land compensation fee, subsidy for resettlement, compensation fee for ground attachments and young crops shall be paid legally, fully and timely. If land compensation fee and resettlement subsidies due to current laws and regulations are not enough to maintain their previous living standards ,or cannot pay social security fee for land-lossed farmer, the subsidy for resettlement may be increased with the approval of the people’s governments of provinces, autonomous regions and municipalities.If the sum of land compensation fee and resettlement subsidies reach to legal upper limit and are still not enough to maintain the previous living standards, the local people’s government can subsidize them using the fee from paid-for state-owned land use. •The uniform annual output value standard or comprehensive land price of each region should be prepred and disclosed by the governemts of provinces, autonomous regions and municipalities, land compensation for the same land should be equal price. The land compensation fee of natioal key projects shall be included in the project budget.

(1) To formulate the uniform average annual output value; (2) To identify the uniform multiples of annual output value; (3) to formulate the uniform comprehensive regional land price; (4) The distribution of land compensation fee.

•On the basis of comprehensive statistics, each city should determine uniform annual output value of land acquired. Outside the area of urban land using scope, the sum of land compensation fee and resettlement subsidies can not be less than the 16 times of annual output value in local place. Cities shall hear opnions of farmers and village economy organizations through workshop, hearings and announcement according to land position and land demand. On the baisis of this, the compensation rate of land in urban construction land scope shall be determined. After apprval of governement of province, it can be announced and implemented. •The compensation rate of land in urban construction land scope can not be less than the 16 times of annual output value in local place.

•RP will strictly implement the relevant policies of the State, Hebei Province and Baoding Municipality. •AAOV for land acquisition shall be based on the regulations of Hebei province. •The minimum multiples for acquisition of cultivated land shall be 16 times (inclu. Land compensation fee, resettlement subsidies); •All resettlement fees will be included in total project cost.

Article 13 the

resettlement

•The people’s governments at and above the county level shall prepare specific measures to gurantee the future life of land-lost

(1) Agricultural production resettlement; (2) Reemployment resettlement;

•To work out implementation plan and gradually establish livining security system for APs.

•According to the willingness of the affected persons,


- D-13-22 -


of land-lost farmers

farmers. •As to the project which has stable profit , the farmers can buy shares through legally approved construction land use rights. •Within the area of urban planning, land-lost farmers shall be included in employment system and social security system shall be established; (3) Outside the area of urban planning, for rural collective land acquisiton, local government shall reserve necessary land for farmers or arrange jobs. For the farmers who have not consitions of production or living, they shall be resettled in other places. •Guiding opinions on employment training and social security system for land-lost farmers shall be proposed by labor and socia security departments as soon as possible.

(3) Sharing dividends resettlement; and (4) Migratory resettlement.

•To gradually establish adjustment fund for land acquistion to pay land compensation, resettlement subsidies, subsidy for baic living security and training fee for APs.

monetary ompensation is adopted. •During the construction period, non-technical jobs will be given to the affected labors in priority. •Occupational training will be offered to the affected people.

Article 14 land

acquisition procedure

improvement

•During land acquisition, the ownership of collective land and entitlement of farmers’ land contract shall be protected. •Before approval, the use, position, compensation rate, resettlement channel shall be told to farmers. Survey results of land acquisition shall be identified by village collective economy organizations or households affected. Hearing shall be organized by departements of land and resources according to related regulations, if necessary. The identification of farmers should be prepared as necessary materials for approval. •The coordination and arbitration mechanism for resettlement issues shall be established to protect legal rights of farmers and land users.

(1) To inform land acquisition; (2) to identify survey results of land acquisition; (3) to organize hearing on land acquisition.

•Land examination and approval must be done according to legal rights, conditions and procedures. •If the feasibility report or other related files do not definite construction in phases, it shall apply agricultural land change and land acquisition once. •If no opinions of APs on compensation rate and resettlement channels or relevant hearing materials in application, land acquistion shall not be approved.

(1) Conduct detailed socio-economic survey and detailed measurement survey (DMS), and the survey results shall be signed and accepted by the affected households. (2) organize public participation and public hearings for resettlement policies; (3) Distribute RP or Resettlement information booklet.


- D-13-23 -


Except special situations, approved land acquisiton issues should be disclosed to the public.

Article 15 Strengthening

land acquisition supervision

process

•No land acquisition shall be made if without ensuring compensation and resettlement. •The distribution methods of land compensation fees shall be formulated by governments of provinces, autonomous regions and municipalities according to the principle of “The land compensation shall be used mainly by the displaced households”. •Village collective economy organizations affected by land acquisition should disclose the income, expenses and distribution of land compensation fees and accept public supervision. Agricultural,cilvil administration departments shall supervise the distribution and use of compensation in village economy organization.

(1) Disclose the land approval issues; (2) Pay the land compensation fee and resettlement subsidies; and (3) Supervision and examination after the approval of land acquisition.

•Construction land approval license will not be given if land compensation fee is not paid fully. •Land and resources departments in all levels shall strenghten to check and supervise and strike behaviors of illegal land approval and land occupation.

(1)Conduct internal and external monitoring and evaluation; (2) Compensation fees are directly paid to the affected village groups or individuals (3) Mancheng County PMO and land and resources bureau conduct supervision and examination; and (4) Utilization of resettlement fees shall be audited by Audit Bureau of Mancheng County and each relevant county.


- D-13-24 -

3.4 Compensation Principles of this Project The principles of compensation and entitlement for this project are decided according to the regulations and policies of Chinese government and the Asian Development Bank (ADB), which aim at ensuring the access of the APs to enough compensation and support, at least to ensure the restoration of their living standard prior to the project. Refer to Table 3-3 for the resettlement principles of the project.

Table 3-3 Resettlement Principles of the Project Principles

1 Involuntary resettlement should be avoided or minimized where feasible;

2 Compensation and entitlements provided for the APs should be able to at least maintain, or improve their “pre-project” standard of living;

3 No matter whether they have legal entitlements will All APs be compensated and assisted;

4 Where land per capita after land acquisition is not sufficient to maintain livelihood, compensation by cash or through land replacement and other income-generating activities will provided for;

5 All APs will be adequately informed on eligibility, compensation mode and standards, livelihood and income restoration program, project timing, and will be involved in RP implementation;

6 No land acquisition will take place unless replacement land or sufficient compensation are given to APs; 7 The EA and independent/ third party will monitor compensation and resettlement operations;

8 Vulnerable groups will receive special assistance or treatment to ensure then to better off. APs should have the opportunities to benefit from the Project;

9 RP should be combined with overall county planning; 10 RP budget should be adequate and cover full aspects. 3.5 Compensation Eligibility Cut-off Date BMG announced that the eligibility cut-off date is on 31st March, 2007. After the date, the settlement in the affected areas, newly cultivated land, newly built houses as well as any newly planted trees or newly added facilities of the affected persons aimed at extra compensation will be excluded from the range of compensation and subsidy. 3.6 Definition of the Resettlement Rate 3.6.1 Collective-owned Land Acquisition The resettlement rate of the project is decided on the basis of our survey and estimation as well as consultation with Mancheng County Land and Resources Bureau and the affected households. The average annual output value of affected cultivated land (mainly corn output and wheat output) in previous three years is 1650CNY/mu (see Table 3-4). The land compensation fee will be ten times of its annual output value. The resettlement subsidies will be 15.12 times of the annual output value. The young crops compensation fee will be 800CNY per growth season. Refer to Table 3-5 for the land acquisition compensation standard of the project.


- D-13-25 -

Table 3-4 Average Annual Output Value of Affected Cultivated Land in Previous 3 Years Year Planting situation The output value (CNY) 2003 Wheat, corn, fruits and vegetables 1548 2004 Wheat, corn, fruits and vegetables 1690 2005 Wheat, corn, fruits and vegetables 1712

The average annual output value in previous three years 1650

Table 3-5 Collective Land Acquisition Compensation Standard of the Project

3.6.2 Temporary Land Occupation Compensation On account of the laying of the pipeline network, it is required to temporarily excavate non-manoeuvrable lanes, and temporarily occupy 43561.4m2 of state-owned land. So the Resettlement Plan will not include temporary land occupation fee. Upon the complementation of the pipeline network construction, the construction unit will restore them according to their original scales and standards. This item of cost will be included in the project cost. 3.6.3 Infrastructures and Ground attachments Compensation Refer Table 3-6 for the affected infrastructures and ground attachments resettlement rate.

Table 3-6 Infrastructure and Ground attachments Resettlement Standard of the Project Project

Item Unit WWTP Wastewater

pipeline network

Compensation (CNY)

Poplars (diameter <10cm) 986 345 10

Poplars (Diameter>10cm) 186 265 25

Chinese pricklyash 18 18

Willows 2 5 25

Tree

Peach (mature)

tree

986 300

Power poles pole 7 700

Tombs tomb 11 600

Wells well 2 1600 3.6.4 Other Compensation standard Refer to Table 3-7 for other compensation rate of the project.

Compensation multiple Resettlement Standard (CNY/mu) Land Type

Annual Output Value (CNY)

Land Compensation

Fee Resettlement

Subsidies Young Crops

Compensation Fee Total Land

Compensation Fee

Resettlement Subsidies

Young Crops Compensation Fee Total

Cultivated Land 1650 10 15.12 0.48 25.61 16500 24948 800 42248


- D-13-26 -

Table 3-7 Other Compensation Standard of the Project No. Item Standard Basis Recipient

1 Cultivated Land Acquisition Tax 4.5 CNY/m2

State Council Document No. 027,

1987

The Land and Resources Bureau will hold in trust

2 Cultivated Land Reclamation Fee 10 CNY/m2

Implementation Regulation of Land

Administration Law for Hebei Province

Land and Resources Bureau

3 Fee for Paid-for

New Construction

Land Use 8CNY/m2

Caizongzi [1999] No. 117, Jicaizong [1999]

No.100 Land and Resources Bureau

4 Land Acquisition Administration

Fee

4% of the total land acquisition budget

Jijiashefeizi [1992] No.134, Jijiajingzifei

[1993] No.32, Jijiashefei [1993] No.189, Jijiafeizi

[1997] No.2257, Jizhengbanhan [1999]

No.1, provincial general office of government

[2001] No.37, Jijiajingfeizi [2001]

No.32.


5 Reconnaissance,

Design and Research Fee


Design Institutes

6 Implementation Management

Fee 5% of the total land acquisition budget Implementation Agency

7 Technical Training Fee

4% of the total land acquisition budget Implementation Agency

8 External

Monitoring and Evaluation Fee

2% of the total land acquisition budget Monitoring and Evaluation Agency

9 Contingencies

11.9% of the total sum of land

acquisition cost, design cost,

implementation management fee, training cost and monitoring cost

Implementation Agency


- D-13-27 -

3.7 Entitlement Matrix The entitlement matrix is designed according to the relevant policies in this chapter. Refer to Table 3-8.

Table 3-8 Entitlement Matrix Type of Loss Impact Degree Entitled Persons Entitlements compensation policy and rate

Permanent Acquisition of Collective Land in this Project

Permanently requisitioned 45mu collective land in Liangyu Vliiage, Yaoxiang County.

Liangyu Village Group and the affected households (41households, 182 persons)

1. The village committee will receive collective-owned land fee, which will be used in the construction of infrastructures and so on. 2. The affected households will receive the contracting land compensation fee, resettlement subsidies and young crops compensation fee. 3. In the process of the construction, laborers in the affected households will be given the priority for taking part in the construction, working at the non-technical posts. When the project is completed, they will be granted with two to three temporary posts in the WWTP. 4. The Project management office (PMO) will provide a special fund of CNY 54,100 for technical training.

basic farmland: land compensation fee: 16,500 CNY/mu resettlement subsidies: 24,948 CNY/mu young crops compensation: 800 CNY/mu

Temporary Land Occupation

The total temporarily occupied land area is 4,3561.4m2, of which the non-maneuverable lanes area is 28,073.4m2. The construction of pipeline network will directly affect the Beiping Road, Zhongshan Road, Changwangnan Road etc. The temporarily occupied land for reconstruction of pipeline network is about 11,120m2, which is at the position of the old simple sewage. The temporarily occupied land for the pipeline laying is 4,368m2 in zone of Beier road, because the road hasn’t

Concerned units, 28 households (98 persons) and 29 shops (72 workers)

Avoid the impacts, If the construction period exceeds 2 weeks, the construction unit will pay the affected households or shops CNY100/day.

Upon the complementation of the pipeline network construction, the construction unit will restore them according to their original scales and standards. This item of cost will be included in the project cost.


- D-13-28 -

Type of Loss Impact Degree Entitled Persons Entitlements compensation policy and rate constructed, there is no need to excavate the road.

Lowest-income family 2 households 7

persons The implementation agency will provide special support to them.

The minority Vulnerable group Completely

landless households

Women The 237 affected persons.

1. Women will be given employment priority. 2. Women will have the priority in the free technical training. 3. Women will be assured of their access to the relevant information and the consultation of the resettlement.

Residential House Relocation and resettlement of enterprises

none / / /

Cultural relic none / / /

Infrastructures and the Ground attachments

7 wire poles; 2,565 trees; 11tombs, 2 wells. proprietor compensation at replacement costs

Poplars (diameter <10cm): CNY10 each, Poplars (Diameter>10cm): CNY 25 each, Chinese pricklyash: CNY 18 each, Willows: CNY 25 each, Peach (mature): CNY 300 each, Power poles: CNY 700 each, Tombs: CNY 600 each, Wells: CNY 1600 each.


- D-13-29 -

4 Resettlement Measures 4.1 Objectives of Resettlement The objectives of the Resettlement Plan are to prepare an action plan of resettlement and restoration for the affected persons so as to ensure that they will benefit from the project and their living standard will be improved or at least will be restored after the project is completed. The impacts of this project only involve that of the permanent acquisition and temporary occupation of collective land. Although its impacts are not immense, in order to achieve the above objectives, we will still take a series of measures to make sure the affected persons will benefit from the project. 4.2 Restoration Measures of the Permanently Requisitioned Collective Land 4.2.1 Cash Compensation In this project, the permanently requisitioned collective land amounts to 45 mu which is contracted by farmers and owned by Liangyu Village group. Based on the project impacts and the wills of affected village and households, it will adopt the one time cash compensation method. According to the agreement with the PMO, affected village group and villagers, the compensation for contracted land by farmers will be disbursed directly to the affected households; the compensation for 8.1mu collective-owned land will be disbursed directly to Liangyu Village group; and the young crops compensation fee for permanent land acquisition will be disbursed to proprietors. Refer to Table 4-1 for the compensations for village group & persons affected by the land acquisition. The permanent occupied land for newly-built pumping station has been requisitioned in the construction of rain and sewage collection system in 1985, so there is no need to compensate for the land again.

Table 4-1 Compensations for Village Group & Persons Affected by Land Acquisition Recipient (village group & affected persons)

Oblige Amount (mu) Compensation standard Total

(CNY10,000)

Land Compensation Fee (CNY/mu)

Resettlement Subsidies(CNY/mu)

Young Crops Compensation

Fee (CNY/mu)1

Land contracted by

farmers 36.9 154.259 Liangyu

Village

Collective Land 8.1 16500 24948 800

34.221 1The total area is 36.9mu, in which 16.445mu is cultivated land, 20.445mu is orchard land（the young crops compensation fee was not considered for orchard land, the compensation fee for trees was covered in ground attachments.）.


- D-13-30 -

4.2.2 APs Training In order to ensure that the APs will change their traditional employment idea, set up correct sense of career and master necessary working skills, Mancheng County WWTP will arrange a special fund of CNY 54,100 for APs training. The training will be carried out by Mancheng County Municipal Corporation together with the local ministry of labor security and adjacent enterprises in winter slack farming season. It includes pre-employment training and professional skill training. The pre-employment training mainly consists of lectures on the state employment situation, employment policy, laborer rights and interests safeguard and professional moral. The professional skill training will be held flexibly according to the post requirements. It consists mainly of non-agricultural technical training such as basic skills for labor migration, catering industry, entrepreneur training and so on. Refer to Table 4-2 for the training plan.

Table 4-2 Technical Training Plan for APs

Time Trainee Number of Participants Training Contents

Funds Arrangement (CNY10,000)

2007.09 the affected households 40 pre-employment training 2

2007.10 the affected households 10 Technical training of

planting-aquaculture. 2

2007.11 the affected households 20 professional skill training

(non-agricultural ) 1.41

4.2.3 Project Employment The construction of this project will create some certain temporary or semi-fixed construction work chances which include material transportation, earthwork project and food provision, etc. The construction of the project mainly includes the WWTP, pumping station and pipeline network laying. Mancheng County Municipal Corporation will offer more than 80 non-technical posts, in which more than 20 employments for women. Laborers in the affected households will enjoy the priority of taking part in the construction, working at the so as to increase their income and improve their living standard. When the project is finished, under equal conditions, the households affected by the land acquisition will enjoy the priority of obtaining working chances of plant management and pipeline maintenance. 4.3 Women’s Rights In the plan and preparation stage of the Resettlement Plan, the PMO together with Mancheng County women's federations organized the women villagers to actively take part in the investigation of the project impacts and acquired them of their thoughts about the income restoration program. They were approval of the project, thinking that the


- D-13-31 -

construction of the WWTP is good for improving the environment, that the land acquisition doesn’t have much impact on their life. They wish to get cash compensation and employment priority in the project. In the light of these women’s will, the implementation process will ensure that 20 of them will get non-technical jobs. The affected women will be given priority in the technical training so that their economic status will not be impaired. Altogether the training person-time will be 160, in which women laborers should not be less than 80 person-times (about 50%). Refer to Table 4-3 for the women training contents.

Table 4-3 Women Training Contents

Time Training contents Person-time Participants

2007.09 homemaking service ( nursery maid, waitress in pub and restaurant) 10 The affected women in Liangyu Village

2007.09 the knowledge of female health 20 The affected women in Liangyu Village

2007.10 Sewing, marketing, family aquiculture, vegetable planting and so on. 20 The affected women in Liangyu Village

2007.10 The knowledge of family education 15 The affected women in Liangyu Village

2007.11 participating in government and political affairs 15 The affected women in Liangyu Village

4.4 Restoration of Temporarily Occupied Land According to the temporary land occupation plan of this project, the temporary land occupation refers mainly to the non-maneuverable lanes and the old sewages for the construction of pipeline network. There are different restoration methods for different occupied land types. When the project is finished, for the temporarily occupied non-maneuverable lanes, the construction unit will be responsible for the restoration of the lanes to their original scale and standard; and the occupied land for the reconstruction of the old sewages has been permanently requisitioned as state-owned in 1985, so it is no need to pay the temporary land occupation fee again. 4.5 Restoration of Infrastructures and Ground attachments After the agreement it is adopted cash compensation for all infrastructures and ground attachments affected in the project. After coordination it will offer certain cash compensation to electric power department for the wire poles located in the permanently requisitioned land, and the electric power department will conduct the line transmission by themselves. For the affected field crops and orchards, Mancheng county Municipal Corporation will provide cash compensation directly to the property owner of the young crops. For the trees affected by the pipeline laying, the Municipal corporation will compensate by cash to the trees owners according to standard concerned.


- D-13-32 -

5 Institutional Framework 5.1 Institution Establishment In order to ensure the successful implementation of the land acquisition and resettlement and the achievement of the planned results, Mancheng County Government set up a project leading group to prepare for the project and coordinate the implementation process. The vice county head assumed the position of group leader. The group consists of leaders from Construction Bureau, Land and Resources Bureau, Financial Bureau, Development and Reform Bureau, Environment Protection Agency and Municipal Corporation and Yaozhuang County government. Its subordinate is Mancheng County WWTP Project Management Office (PMO) which is located in Mancheng County Construction Bureau. This office is mainly in charge of the project preparation, organizing and coordinating, implementation and management, and so on. Refer to Figure 5-1 for the institutional framework of Resettlement Plan.

Baoding PMO Mancheng County PMO Mancheng County construction Bureau and Municipal Corporation Township government, Villages, village Groups and APs External monitoring and evaluating institution

Baoding PMO (4 persons)

Affected Towns,Villages, VillageGroups and APs

Mancheng County PMO (2 persons) External Monitoring Institution

Mancheng County Construction Bureau Mancheng County Municipal

Corporation (2 persons)

Figure 5-1 Institutional Framework Figure for RP

5.2 Staff Arrangement and Training Plan 5.2.1 Staff Arrangement In order to guarantee the successful implementation of the Resettlement Plan, resettlement institutions on every level have arranged special staff to form an unimpeded information communication channel. Refer to Table 5-1 for the staff arrangement in


- D-13-33 -

resettlement institutions involved in the project.

Table 5-1 Staff Arrangement in Resettlement Institutions Involved in the Project Institution Name Staff Arrangement (No.) Staff Identity

Baoding PMO 4 civil servant Mancheng County PMO 2 civil servant Mancheng County Construction Bureau and Municipal Corporation 2 technician

Town, Village and Village Group 4～6 cadre and representative of APs External Monitoring Institution 4 resettlement expert 5.2.2 Training Plan In the implementation process of the Resettlement Plan, it is planned to organize the key members engaged in the Resettlement Plan to study and visit domestic ADB projects and participate in resettlement policy and implementation training as well as other special training. This training will be organized by ADB Office in Baoding. Refer to Table 5-2 for the training plan.

Table 5-2 Resettlement Staff Training Plan

No. Training Content Trainee Time Place Cost Estimate(10 thousand)

1 Studying Domestic ADB Resettlement Project

key members in the resettlement office 2007.09 Inside

China 2.5

2 Resettlement Implementation Training resettlement staff 2007.10 Baoding 1

5.3 Enhancement Measures for Resettlement Institutions In order to ensure the successful implementation of the resettlement, it is necessary to strengthen the executive capacity building of each institution. Measures to be taken are as follows: 1) Fund and facilities are sufficiently guaranteed, the concerned institutions are equipped with telephones, fax machines and computers, etc. 2) Establish land acquisition and resettlement management information system, use computer to process the data of land acquisition and resettlement, enhance the information feedback and guarantee an unimpeded communication of information up and down. 3) Improve the reporting system, strengthen the internal monitoring and solve problems found in time. 4) Improve the external monitoring and evaluation mechanism, set up early warning system. The external monitoring and evaluation institution should propose in time suggestions and solutions to the existing problems to the resettlement implementation unit.


- D-13-34 -

6 Public Participation and Grievance Redress 6.1 Public Participation According to policies and regulations of ADB, China and Hebei Province on land acquisition and resettlement, it is necessary to carry out public participation in the project preparation and implementation period in order to well adopt the proposals and suggestions of the APs, to further work out policies and detailed regulations concerned with land acquisition and resettlement, to prepare a good resettlement plan , to effectively organize the implementation, to protect the legal rights of the APs, to reduce their complaints and achieve the resettlement objectives. 6.1.1 Public Participation in the Project Preparation Period Since June, 2006, under the guide of the technical consultants, Mancheng County Project Management Office (PMO), Mancheng County Construction Bureau and Mancheng County Municipal Corporation have carried out a series of socioeconomic investigations and public consultations in which 30% of the participants are women. During the period of the project preparation, design institute of FSR, Project Management Office (PMO) and Municipal Corporation have carried out wide consultation on land acquisition and resettlement of this project. Refer to Table 6-1 for public participation during the period of project preparation.


- D-13-35 -

Table 6-1 Public Participation during the Period of Project Preparation

Department Date Participants Number

of People

Aim Major Advice or Contents

design institute of FSR, Project Management Office (PMO) and Municipal Corporation

August, 2006 the affected persons, village cadres and technicians

10

Preliminary investigation of project feasibility, field survey and project impacts

Introduce the background and aim of the project

project site selection should avoid cultivated land acquisition as much as possible

Mancheng County PMO and Municipal Corporation

Septemper, 2006

concerned government and village representatives

15

RP preparation, investigation of resettlement impacts and socioeconomic situation

assist the project impacts investigation

The village representatives strongly expressed the necessity of the project

socioeconomic investigation and affected households investigation

Mancheng County PMO and Mancheng County Municipal Corporation

October, 2006 concerned government and village representatives

14 prepare for income restoration program

Discuss the compensation scheme and the income restoration scheme

Mancheng County PMO and Mancheng CountyMunicipal Corporation

December,2006 the affected persons and village group

announce the resettlement information booklet

Announce the resettlement rate and grievance redress channel, etc.

the ADB Website March, 2007 announce the draft RP

6.1.2 Participation Plan in the Period of Implementation In the process of implementation of the Resettlement Plan, Mancheng County Project Management Office (PMO) will carry out further public participation. Refer to Table 6-2 for the schedule of public participation.

Table 6-2 Project Public Participation Plan

Aim Means Time Department Participants Topic

Land Acquisition Announcement

village notice board and villager meeting

2007.9 Mancheng County PMO, COnstruction Bureau, town and village cadres

All APs announce the requisitioned land area, resettlement rate and resettlement means

Announcement of land Acquisition Compensation and Resettlement Scheme

village notice board and

villager meeting

2007.9 Mancheng County PMO, Construction Bureau, town and

village cadres All APs Compensation fee and

disbursement mode

Recheck of Physical Index field survey 2007.9 Mancheng County

PMO, Construction Bureau, town and

village cadres All APs Check and remedy, identify

the final result

Work out Income restoration plan

Villager meeting

2007.10 Mancheng County PMO, Construction Bureau, town and village cadres

all APs Discuss the scheme of income restoration and use of compensation funds

Inform compensation fee and the date to disburse.

Villager meeting

2007.10 Mancheng County PMO, Construction Bureau, town and

all APs Inform compensation fee and the date to disburse.


- D-13-36 -

Aim Means Time Department Participants Topic village cadres

Monitor to all APs Family visit 2008.01 Mancheng County PMO, Construction Bureau, town and village cadres

Samples To know the implementation of RP, the income restoration of APs

6.2 Grievance Redress Public participation is encouraged in both the preparing and the implementing process of the resettlement action plan, so there should not be immense controversies to incur. However, in the whole process, some unforeseeable problems may happen. In order to effectively solve the problems and guarantee the successful implementation of the project and land acquisition, a transparent and effective grievance redress channel is to be set up in the project. The basic solution procedures are as follows: - Stage 1: If the rights of the affected households are infringed in any respect of the land acquisition and resettlement, the affected households can complain or appeal to Mancheng County Municipal Corporation in oral or in written form. If an oral appeal is made, Mancheng County Municipal Corporation must record it on paper and respond to it. The above appeal is to be handled in no more than two weeks. - Stage 2: If the AP is not satisfied with the decision in stage 1, he/she can appeal to Mancheng County Project Management Office (PMO) or the Construction Bureau after receiving the decision, Mancheng County Project Management Office (PMO) or the Construction Bureau will reach a solution in no more than two weeks. - Stage 3: If the AP is still dissatisfied with the decision made by Mancheng County Project Management Office (PMO) or the Construction Bureau, he/she can, after receiving the solution, appeal progressively to administrative agencies of jurisdiction according to Administrative Litigation Law of PRC and call for arbitration. - Stage 4: if the AP is still dissatisfied with the arbitration result, he/she can appeal to the civil court according to civil litigation law after receiving the final arbitration solution. All of the institutions accept the appeals and grievance of the affected persons free of charge, and the proper expenses occurred thereof will be paid in the contingencies of this project. The grievance redress procedures are valid in the whole construction period, so that the affected persons may apply them to solve relevant problems. The telephone number of resettlement office is 0312-7071425.


- D-13-37 -

7 Resettlement Cost Estimate 7.1 Resettlement Cost Estimate The cost estimate of this project includes the land acquisition and resettlement cost, the estimate totals CNY 3.63231 million, in which the permanent land acquisition cost is CNY 1.8848 million, accounting for 51.89% of the total cost; ground attachments and infrastructures compensation fee is CNY 0.34336 million, accounting for 9.46% of the total cost; all kinds of taxes amounts to CNY 1.09853 million, accounting for 30.24%, and 8.41% of which is the contingencies of CNY 0.30531million. Refer to Table 7-1 for the overall schedule of resettlement investment estimate. The resettlement subsidy is covered in the cost estimate of the project, and will be disbursed by implementation agency- Resettlement office. 7.2 Resettlement Investment Plan and Budgetary Resources All the resettlement cost come from the local counterpart funds and local bank loan. In order not to impair the land-lost farmers’ production and living conditions, the investment plan is to be carried out in phases during the pre-construction and the process of construction of the Mancheng County WWTP. Refer to Table 7-2 for the overall schedule.

Table 7-1 Resettlement Investment Plan of Mancheng County WWTP Fiscal year 2007 2008 Total

Investment(CNY, *10,000 ) 272.423 90.808 0 Ratio 75% 25% 0

7.3 Resettlement Fund Management and Disbursement - All the fees concerning the land acquisition and resettlement will be taken into the consideration the project total cost, and will be disbursed directly by project unit through PMO to units concerned and individuals. - All the land compensation fee will be paid by the resettlement office through bank to the administrative villages, in principal the fund will be used to production restoration in the affected village groups. - For the smooth implementation of land acquisition and resettlement, financial and supervisory institutions of all levels should be established to make sure all the funds can be disbursed in due time. - The project unit, resettlement office and special financial unit of village committee will together take charge of the compensation fee of land acquisition. - The resettlement fund will be disbursed from upper level to lower level, all levels should conduct financial settlement and audit system, and regularly check and report the situation of appropriation and usage of the fund, also bring forward remark measures if accidents occur to ensure the fund can be disbursed and used on time in plan.


- D-13-38 -

- Ensure funds for its special propose, prohibit interception or misappropriation of the special money by any intermediate entity.


- D-13-39 -

Table 7-2 Resettlement Compensation Cost Estimate of Mancheng County WWTP Village group2 Contracted Land by Farmers Total

No. Project Unit Resettlement Rate(CNY/Unit) Quantity Investment(CNY,

*10,000 ) Quantity Investment(CNY, *10,000 ) Quantity (CNY,

*10,000 ) Ratio

1 Permanent Collective Land Acquisition mu

1.1 Irrigated Land mu 34.221 154.259 188.480 51.89% Land Compensation Fee mu 16500 8.1 13.365 36.900 60.885 45.000 74.250 20.44% Resettlement Subsidies mu 24948 8.1 20.208 36.900 92.058 45.000 112.266 30.91% Young Crops

Compensation Fee3 800 8.1 0.648 16.445 1.316 24.555 1.964 0.54% 2 Ground attachments 0.49 2578 33.88 2585 34.366 9.46% 380v Power Pole pole 700 7 0.49 7 0.49 0.13% Tombs location 600 11 0.66 11 0.66 0.18% Chinese pricky ashes tree 50 18 0.09 18 0.09 0.02% Peach trees tree 300 986 29.58 986 29.58 8.14% willows tree 25 2 0.01 2 0.005 0.00% Poplars (diameter>10cm) tree 25 1108 2.77 1108 2.77 0.76% Poplars (diameter<10cm) tree 10 451 0.45 451 0.451 0.12% wells location 1600 2 0.32 2 0.32 0.09%

Item 1～2 / 34.711 188.139 222.846 3 Land Acquisition Tax mu 3000 8.1 2.43 36.9 32.52 45 13.5 3.72% 4 Cultivated Land

Reclamation Fee mu 6667 8.1 5.4 36.9 72.27 45 30.0015 8.26% 5 Fee for Paid-for New

Construction Land Use mu 5336 8.1 4.32 36.9 57.84 45 24.012 6.61% 6 Land acquisition

administration fee CNY,

*10,000 4%of the total land acquisition budget 34.711 1.388 188.139 7.526 222.846 8.914 2.45%

7 Reconnaissance, Design and Research Fee

CNY, *10,000

4%of the total land acquisition budget 34.711 1.388 188.139 7.526 222.846 8.914 2.45%

8 Implementation CNY, 5%of the total land 34.711 1.736 188.139 9.407 222.846 11.142 3.07% 2The support fun for vulnerable group in covered in the village group income. 3 The area of contracted land is 36.9mu, in which 16.455mu is cultivated land, 20.445mu is orchard land (it will not compensate the young crops compensation fee for orchard land occupation，but if the orchard land was adjusted from cultivated land, it should paid the cultivated land occupation fee for the orchard land; compensation for trees is covered in the compensation for ground attachments.)


- D-13-40 -

Village group2 Contracted Land by Farmers Total No. Project Unit Resettlement

Rate(CNY/Unit) Quantity Investment(CNY, *10,000 ) Quantity Investment(CNY,

*10,000 ) Quantity (CNY, *10,000 )

Ratio

Management Fee4 *10,000 acquisition budget

9 Skill Training Fee CNY, *10,000

4%of the total land acquisition budget 34.711 1.388 188.139 7.526 222.846 8.91 2.45%

9.1 Affected Persons Training Fee

CNY, *10,000

5.41

9.2 Resettlement Staff Training Fee

CNY, *10,000

3.5

10 External Monitoring and Evaluation Fee / 2%of the total land

acquisition budget 34.711 0.694 188.139

3.763 222.846 4.457 1.23%

Item 3~10 18.744 91.109 109.853 30.24%

11 Contingencies CNY, *10,000

11.9% of item1,2,7~10. 39.917 4.755 216.361 25.775

256.278 30.531 8.41% Item1~11 58.211 305.023 363.231 100.00%

4 Including internal monitoring and evaluation fee.


- D-13-41 -

8 Resettlement Implementation Plan 8.1 Principles of Resettlement Implementation According to the plan of the project implementation of Mancheng County WWTP, this project will begin in February, 2008, and will be finished by February, 2010．To connect the plan of resettlement implementation progress with that of project construction, the land acquisition will finish in December, 2007. The basic principles for resettlement implementation plan are as follows: - The land acquisition must be finished at least one month prior to the start of project construction, so as to leave enough time for those affected villages to prepare for the resettlement and income restoration program. - Those affected persons should have the opportunity to participate in the project during the process of resettlement. Before the start of the project construction, the area of land acquisition should be made known to the public, the resettlement information booklet should be issued, and that the public can participate in the related work should be ensured. - All kinds of compensation should be paid directly and fully to the property owner within three months after the approval of land acquisition compensation and resettlement plan. No unit or individual can use the compensation fee on behalf of the property owner. And there should be no discount for the compensation, whatever the reason is. 8.2 Timetable for Resettlement Implementation The plan for the general resettlement implementation progress of this project is worked out according to the land acquisition implementation progress in the project construction of Mancheng County WWTP. There may be appropriate modification of the exact implementation time due to the deviation of the project general progress. Refer to Table 8-1 for the resettlement implementation time. Talbe 8-1 Resettlement Implementation Schedule and Supervision Milestone Resettlement Tasks Target Responsible Agency Deadline Status 1. Disclosure

1.1 - Information booklet 41 AFs Mancheng County WWTP 2007.1 Completed

1.2 - Approved RP 1 village Mancheng County WWTP 2007.1 Completed

1.3 - RPs posted on ADB website 1 RP ADB 2007.03 Completed

2. Approval

2.1 Approval of RP and budget Baoding Municipal Government 2007.06 Completed

2.2 Approval of land use plan Hebei Provincial LRB 2007.08 2.3 Approval of land acquisition Hebei Provincial LRB 2008.01 3. Agreements

3.1 - Compensation rates 1 village Mancheng County WWTP/PLG 2007.10

3.2 - Households 41 AFs Mancheng County WWTP/PLG 2007.10

4. Detailed Measurement Survey Recheck Mancheng County WWTP/ LRB 2007.09

5. Detailed Plans

5.1 - Village rehabilitation plans 1 village Mancheng County WWTP 2007.10


- D-13-42 -

5.2 - Training Plans for APs 70 person-times for 40 APs

Mancheng County WWTP 2007.09-2007.11

6. Establishment of Implementation Capacity PLG/Mancheng County

WWTP/PMO/Others 2007.09-2007.10

7. Monitoring and Supervision

7.1 - Baseline survey 10 AFs Mancheng County WWTP/IMA 2007.09

7.2 - Set-up internal supervision As per RP Baoding PMO 2007.08

7.3 - Hiring external monitor Baoding PMO 2007.08

7.4 - Internal monitoring reports Quarterly Baoding PMO 2008.03

7.5 - External monitoring reports Semiannual IMA 2008.03

7.6 - Resettlement Completion Reports 2 reports Baoding PMO and IMA 2009.03,2010.03

8. Documentation of Consultation Mancheng County WWTP 2010.03

9. Documentation of Grievances Anxin Water Conservancy Burea 2010.03

10. Compensation Payments 10.1 - To affected village 100% of funds Mancheng County WWTP 2007.10-2007.11

10.2 - To affected families “ “ “ Mancheng County WWTP 2007.10-2007.11

11 Civil works commence Mancheng County WWTP 2008.02

Note: AFs - Affected Families; DIs - Design Institutes; IAs – Implementation Agencies; IMA - Independent Monitoring Agency; LRB - Land and Resource Bureau; PLG - Project Leading Group; PMO - Project Management Office; VC - Village Committee.


- D-13-43 -

9 Monitoring and Evaluation In order to ensure the successful implementation of the resettlement plan, to realize the goal of proper resettlement, the regular monitoring, including both the internal monitoring within resettlement institutions and the external monitoring, and the regular evaluation will be carried out in the implementation of land acquisition and resettlement, according to the requirements of Resettlement Policy of Asian Development Bank. 9.1 Internal Monitoring The internal monitoring agencies of resettlement include Baoding Project Management Office, Mancheng County Project Management Office and Mancheng County Municipal Corporation who will provide a detailed internal monitoring plan for the land acquisition and resettlement. The monitoring content includes: (1) investigation, coordination and suggestions for the major problems in both the resettlement institutions and the Implementing Agencies in the implementation of resettlement; (2) income restoration situation of the households after land acquisition; (3) disbursement, use of the resettlement compensation fee including the individual owned compensation fee and collective-owned compensation fee; (4) the participation and consultation of affected households during the implementation; (5) the resettlement training and its impacts; (6) the establishment of the resettlement implementation management organizations for this project, the training of the resettlement implementation staff and their work efficiency. Baoding Project Management Office will submit an internal monitoring report to Asian Development Bank every three months. The statistics in the past three months have to be shown with charts in the report and can reflect the progress by comparing the planed items with the planned ones on land acquisition, resettlement as well as the use of compensation. Refer to Table 9-1 and Table 9-2 for the format.

Table 9-1 Progress Report on Land Acquisition and Resettlement County __________ Town ___________Date: ____/____/______ (d/m/y)

Items Unit Planned Qty.

Completed Qty. Sum % Completion

Permanent Land Acquisition mu

Temporary Land Occupation mu

Land Compensation fee CNY10,000

APs Receiving Training Persons

Job Provision Persons

Land Readjustment mu

Prepared by: Signature (In-charge): Seal:


- D-13-44 -

Table 9-2 Executive Progress on Funds Utilization County __________ Town ___________ Cut-off date: ____/____/______ (d/m/y) Date: ____/____/______ (d/m/y)

Affected Units

Description 5 Unit/Qty.

Investment Required

(CNY)

Compensation Received

(RMB) Compensation

Adjusted Ratio of

Compensation

Village 1

Village 2 Collective Relocated Households

Unit Prepared by: Signature (In-charge): Seal:

External Monitoring According to the requirements of Asian Development Bank policy, Baoding Project Management Office will invite qualified, independent and experienced resettlement agency to be the independent resettlement monitoring agency. The external monitoring and evaluation agency will make regular follow-up monitoring and evaluation of the resettlement implementation, monitor the progress, quality and fund of resettlement, and give advice. This agency will also make follow-up monitoring of production and living standards of resettlement, and submit independent monitoring and evaluation report to Asian Development Bank. The outline of the external monitoring and evaluation is contained in Appendix 6. (1) Baseline survey: the external monitoring agency will make baseline investigation in the affected Village to get the basic data of the production and living standards (production, living and income standard) of the affected households. The Investigation of production and living standards is to be carried out twice a year so as to track the change of these standards. Certain methods will be adopted to get necessary relevant data which provide the basis for statistical analysis, and further for evaluation. Such methods can be the follow-up investigation of the typical samples (sampling scale: more than 20% of the affected households in permanent land acquisition), casual interview and field observation, etc. (2) Regular monitoring and evaluation: the external monitoring agency will make regular follow-up monitoring twice a year during the implementation of resettlement plan. The following activities will be monitored through field observation, follow-up investigation of sample households and casual interviews with affected persons: the payment and amount of compensation, new livelihood and jobs, the production and living standards of the affected persons, resettlement institutional framework, etc. The BPMO will submit an internal monitoring report to ADB each quarter, as part of the Project Progress reports. The external monitoring and evaluation agency will submit resettlement monitoring reports to the ADB and BPMO every six months and annual evaluation reports as well within 2 years after the completion of resettlement 5 “Description”will be filled in village road building, training and employment, support to vulnerable group and so on.


- D-13-45 -

implementation. The internal and external monitoring reports will be disclosed on ADB website. Refer to Table 9-3 the detailed arrangement for report submission.

Table 9-3 Schedule for Resettlement Monitoring and Evaluation No. Monitoring report Date

1 Socio- economic baseline survey September, 2007

2 The 1st Monitoring Report March, 2008 3 The 1st Annual Evaluation report March, 2009 4 The 1st Annual Evaluation report March, 2010


- D-13-46 -

Appendix 1 Interview Summary of the Affected Village Collective - Liangyu Village, Yaozhuang Township, Mancheng County, Baoding City Time: Morning of September 17, 2006 Place: Liangyu Village, the WWTP site Participants: Village Leader, Village Accountant, etc, totally 5 persons; 2 cadres of Construction Bureau; 2 persons from the Civil Engineering Company; 2 township cadres; 6 persons from the resettlement center; 10 villager representatives. Emcee: Party branch secretary of Liangyu Village Meeting content: Firstly, cadres from Construction Bureau introduced the project profile, and the project meaning of environment protection and sustainable development to the participants. Secondly, technician from Mancheng County Municipal Government informed the participants of the WWTP site schemes selection, the science and feasibility of the pipeline trend design scheme, and permanent land acquisition caused by the proposed project. According to the introduction, the project will permanently acquire 45mu land in Liangyu Village, Yaozhuang Township, of which, 16.445mu is corn land contracted by farmers, 20.445mu is orchard, and 8.1mu is collective-owned land. The project will totally affect 41 rural households or 182 persons. Thirdly, the resettlement plan preparation group informed the participants of the principles, meanings and contents of the social investigation. The contents of the investigation includes basic situation of the affected households, the APs’ attitude to the land acquisition by the proposed WWTP, and the public resettlement wills after land acquisition. According to the investigation, most of the affected households consider that the proposed project will benefit the public and should be started as soon as possible. Finally, the resettlement preparation personnel conducted case study on the village cadres and some affected households. Some suggestions on the proposed project and resettlement were brought out by village cadres and affected households, which were recorded as follows: 1) In the process of the construction, laborers in the affected households will be given the priority for taking part in the construction, working at the non-technical posts. When the project is completed, they will be granted with some posts in the WWTP. 2) Strengthening the cooperation between the affected village collective and labor force export departments of labor bureau. Make full use of the village collective fund to conduct skill training on those who want to work outside, so as to increase the migrant labors’ competitive capacity. For those who want to operate their own business, the village collective will give support and help in fund and procedure transaction. 3) Make full use of the demonstration function of Aosheng Technical Demonstration Park, Jinlong Breeding Company and Yaozhuang Industrial Park, and utilize the economy development pattern of “leading enterprises + households”, to supply more job opportunities for the affected households by land acquisition. Meanwhile, keep close economy connection between the leading enterprises and the households, so as to supply more sufficient skill training and market information to the affected households, which will enhance the affected households’ capacity of self sustainable development.


- D-13-47 -

Appendix 2 Investigation of the Affected Women in Liangyu Village, Yaozhuang Township, Mancheng County, Baoding City Basic situation: The investigation group adopted random sample method to investigate the basic situation of women in the project affected area. A general evaluation is as follows: the important affairs in the family are decided based on the together consultation by men and women. Men are the main supporter in the family. It is men who usually attend the meetings in the village. However, women often affect men’s decision in the meeting. Women do more housework and some agricultural productions which they can deal with by themselves; some even go out for work. Women working outside usually undertake light work, such as food processing, working in the nearby box-package factories, etc. Men mainly undertake the work which needs more labor force. The labor migration work time is basically the same between men and women. However, since the women have to master the housework, women’s working time is 1.3-1.5 times of men’s. The main income sources of women are agriculture and labor migration. The main planting crops are wheat and corn with a common planting area of 2-4mu. Most of the crops are used as food, and the remaining will be sold which is an income source of the family. The annual agricultural income is CNY 800-1,000. The annual labor migration income of women is CNY 5,500. Income of women accounts for 25% of the total family income and that of men accounts for 75% of the total with an annual labor migration income of CNY 20,000.

Case Study: Interview time: In the morning of September 17th, 2006 Interview place: Liangyu Village, Yaozhuang Township, Mancheng County, Baoding City, Hebei Province Interviewee: Mr. Ji

Family Members: Mr. Ji is the head of the family. He is 45 years old with a senior middle school degree. There are totally 7 persons in the family, all of who are agricultural population. The other family member include: his wife, 44 years old with a senior middle school degree; his eldest son, 23 years old with a senior middle school degree, who is married; his elder son, 20 years old with a senior middle school degree; and his youngest son, 15 years old with a junior middle school degree. There are two women in the family, including Mr. Xi’s wife and his daughter-in-law. Dowelling Space: There are totally 5 rooms, all of which are mud-wood structures with a total area of 125 m2. Family Income: There is totally 2mu land mainly planting corn and wheat. The average output of the corn is 400-450kg per year, and that of the wheat is 300-350kg per year. The annual gross income of agriculture is CNY 800. The labor migration or work income includes Mr. Ji’s labor migration income of CNY 14,000 per year, his wife’s business (operating a business of exchanging grain with wholesale flour) with an annual income of CNY 1,800, his two sons driving trucks with an


- D-13-48 -

annual income of CNY 9,000 each. Gender Analysis: The important affairs are usually decided by the men and women together. Since the men usually go out for work, women stay home for more time. Trifles usually are decided by women. The 2 mu land is cultivated by women and all the housework is undertaken by women. In general, men do not do housework unless women in family are sick. In addition, women in the family work in the nearby paper plant. Issues Concerned by Women: According to the investigation, the main issues concerned by women include: i) compensation rate should be reasonable, and the compensation fund should be paid in time and in full; 2) more labor migration opportunities will be supplied; and 3) wish to gain the same salary with men under the same condition. Conclusion: Based on the investigation, the living of the women affected by permanent land acquisition in Liangyu Village will not be changed because of land acquisition. Reasons are as follows: 1) agricultural income is only a small part of the total income; therefore, land acquisition will affect the income slightly. 2) There are women federations from Mancheng County to the affected villages, which are the organization safeguard of women’s rights. 3) The county gives various help and support on women development. Skill trainings have been conducted on women, more job opportunities have been supplied by local paper processing plant and fruit product processing plant. After land acquisition, labor force has been transferred. Women can also work in nearby enterprises with no effect on daily living.


- D-13-49 -

Appendix 3 Interview Summary of the Minimum Living Guarantee Household Issues Answered by Mancheng County Civil Affairs Bureau Time: September 16th, 2006 Interviewee: Officials of Mancheng County Civil Affairs Bureau, Baoding City Place: Office Building of Mancheng Civil Affairs Bureau, Baoding City Interviewer: Member of Resettlement Plan Preparation Group Main contents are as follows: 1. Minimum Living Guarantee Policy for Rural Residents in Mancheng County Limited conditions to enjoy the minimum living guarantee for rural residents: the poor households except the households with five-guarantees, including losing work capacity, having no economy source, having no relatives to depend, dementia, disabled, accidents or natural disasters leading the family per capita annual net income is under the minimum living guarantee. The poverty line in Mancheng County is CNY 637 per month. Temporary relief: Temporary relief policy will be aimed to those poor households caused by serious diseases, family disasters, etc. Temporary relief includes medical relief with a one-time highest relief amount of CNY 1,000, and house relief with a one-time highest relief amount of CNY 500. Application Procedures of temporary relief: household application, preliminary examination by village group, checked by the township government, and approved by civil affairs bureau.


- D-13-50 -

2. Minimum Living Guarantee Status of Liangyu Village, Yaozhuang Village (Checked once a year)

Poverty Relief Table in Liangyu Village, Yozhuang Township (July, 2006)

Household Type No. Sex Age Family member Reasons to be poor Relief

Payment Standard Fund Source

Household with five-guarantees 1 Male 60 1 Disabled 50 County Finance

Household with five-guarantees 2 Male 75 1 Hemiplegia 50 County Finance

Household with five-guarantees 3 Male 47 1 Poliomyelitis 50 County Finance

Household with five-guarantees 4 Male 66 1 Disabled with no labor capacity 50 County Finance

Household with five-guarantees 5 Male 76 1 Old and Sick 50 County Finance

Household with five-guarantees 6 Male 67 2 Hemiplegia 80 County Finance

Household with five-guarantees 7 Male 6 1 Orphan 50 County Finance

Household with five-guarantees 8 Male 11 1 Orphan 50

CNY each, CNY 80 for two persons

County Finance

Household under minimum living

guarantee 9 Male 66 4 Cerebral thrombosis 50 Half Municipal Finance and Half County

Finance


guarantee 10 Female 81 2 Old and Sick 30 Half Municipal Finance and Half County

Finance


guarantee 11 Male 53 3 Psychopathy 40 Half Municipal Finance and Half County

Finance


guarantee 12 Male 80 4 Sick, and his wife is suffering Cerebral

thrombosis 50 Half Municipal Finance and Half County Finance


guarantee 13 Male 75 2 Old and Sick 30

CNY 20 each; CNY 30 for two persons, CNY 40 for three persons and CNU 50 for five or more persons, and the highest amount is

CNY 50.

Half Municipal Finance and Half County Finance


- D-13-51 -


guarantee 14 Male 71 1 Cerebral thrombosis 20 Half Municipal Finance and Half County

Finance


guarantee 15 Male 62 4 Old and Sick 50 Half Municipal Finance and Half County

Finance


guarantee 16 Male 62 2 Sick 30 Half Municipal Finance and Half County

Finance


guarantee 17 Male 40 3 Sick 40 Half Municipal Finance and Half County

Finance


guarantee 18 Female 39 5 Gawkish and lose her husband 50 Half Municipal Finance and Half County

Finance


- D-13-52 -

3. Poverty Alleviation Presently, there are 6 key poverty-aid villages in Mnacheng County, including Longju Village, Donggaoshizhuang Village, and Xigaoshizhuang Village in Liujiatai Township, Yangjiazhuang Village in Tuonan Township, Lizhuang Village and Nanshuiyu Village in Bailong Township. The city finance disburses CNY 25,000 to every poor village, used for road repair, school construction and waterworks construction. The poverty alleviation fund will be managed by county poverty alleviation office. The poverty alleviation fund is delivered to the village committee directly with a time limit of 3 years. The main procedure is to be supervised, checked and accepted by civil affairs bureau, and audited by county auditing bureau. 4. Opinions and Suggestions on the Proposed Project i) All levels of government such as county, town or township should participate in the project construction and management. The role of the township government in the land acquisition activities should be paid more attention to. ii) Compensation rate should be reasonable, so as to improve or at least restore the APs’ living standard. iii) Special care should be given to the affected poor households, so as to restore and improve their living level.


- D-13-53 -

Appendix 4 Summary of the Resettlement Plan Preparation Harmonization Meeting Held by Mancheng County Construction Bureau and Municipal Engineering Corporation Time September 15, 2006 Place Office Building of Mancheng Construction Bureau

Participants Construction Bureau, Municipal Engineering Corporation, Development and Reform Bureau,

Statistics Bureau, Civil Affairs Bureau, Women Federation, Yaouzhuang Township, Principles of the Resettlement Center

Opinions

Firstly, the director of Mancheng County Construction Bureau introduced the project plan, construction objective, project meaning, implementation schedule, and the important meaning of resettlement. All the participants agree with the proposed project. Supports from different function departments: Statistics Bureau: Mancheng County Statistics Yearbook of 2005, socio-economic profile of the project town and village, data of population, labor force, women, etc. Women Federation: women development plan and children development plan, and typical cases of women and children in Mancheng County Civil Affairs Bureau: support policies for the vulnerable groups, family information of those who enjoy minimum living guarantee. Urban Construction Bureau: pipeline trend, including pipeline size, length, ground appendix; supply compensation and subsidy policies related with land acquisition and resettlement, and name list of people whose house to be demolished, and the APs’ family information. Land and Resources Bureau: land acquisition compensation policies, compensation standard, policy implementation procedure, compensation rate for affected ground appendix Development and Reform Bureau: take charge the management of work procedures and responsibilities of various participant agencies. Yaozhuang Township: supply relevant summary of meetings, the family socio-economic condition of all the affected households, land acquisition area and affected ground appendix information, etc. Secondly, Hohai University (in charge of Resettlement Plan Preparation) introduced various function departments about the project aims, the objectives, contents and meanings of the resettlement, discussed data support and survey means, solicited opinions and suggestions on resettlement from the participants, and consulted with the IAs on the work plan in Mancheng County.


- D-13-54 -

Appendix 5 Interview Summary of Typical Households in Liangyu Village, Yaozhuang Township, Mancheng County, Baoding City Time: In the morning of September 17, 2006 Place: the interviewee’s home Interviewee: Ms. Shi Interviewer: Member of Resettlement Plan Preparation Group Family member: There are totally 7 members in the affected family, of which, 3 persons are male. Two sons of Ms. Shi have been married. Her elder son has a two-year old daughter. Ms. SHI and her husband (61-year-old and 51 year-old respectively) undertake farming at home with a primary school degree. Her two son and two daughters-in-law all have a junior middle school degree. Her two sons (32-year-old and 30-year-old respectively) undertake farming in busy season and work outside in idle season. Two daughters-in-law take charge of housework. In addition, her elder daughter-in-law has to take care of her young daughter. Basic Socio-economic Information of the Affected Family: The dwelling place area of the affected household is 160 m2 with a per capita dwelling place area of 23m2. There is totally 5.1mu irrigated land in the family. They mainly plant corn and wheat, as well as some vegetables for self eating. The production of wheat is 450 kg/mu which can earn an income of CNY 630, and the production of corn is 500 kg/mu which can earn an income of CNY 700. Based on the common condition, the gross agricultural income of the family is CNY 6,650. Subtracting the costs of seeds, pesticide, machine works and so on, the net agricultural income of the family is CNY 4,650. Her two sons work nearby in the farming idle time which is about 10 months a year. Her elder son is a construction worker, and his younger son works in a nearby paper plant. Monthly income of them is CNY 700-750 respectively, with an annual income of CNY 7,000 each. To sum up, subtracting the costs of CNY 7,000 comprising of water and electricity fee, medical care fee, food and other expenditures, the annual net income of the family is CNY 11,650 with a per capita net income of CNY 1,941. Impact of the Proposed Project: 1.35mu contracted corn land of Shi’ family will be permanently acquired by the proposed project, which accounts for 26.5% of the total. An annual income loss of CNY 1,822.5 will be produced by the project, accounting for 9.8% of the total family income. Attitude to the Proposed WWTP Construction and Land Acquisition: According to the investigation of the 5 members in Shi’s family, they all express that they can understand and support the proposed project. They consider the project can solve the water pollution problem caused by Mancheng County Economy Development. They also consider that the proposed project will improve local residents’ production and living environment, which is important for the county’s economy development and the environmental protection of the Baiyangdian Lake Catchment.


- D-13-55 -

For the land acquisition caused by the proposed project, the family members consider that they can make use of other measures to offset the income loss caused by land acquisition. To their opinions, the land acquisition even can help them to be released from agriculture, which can increase their income. In general, members in Shi’ Family will support the proposed project and land acquisition. Livelihood Restoration Plan: According to the income loss analysis, land acquisition by the proposed project will impose not immense effect on Shi’ Family. The household will take the following measures to restore and improve their livelihood: i) They plan to plant vegetables and fruit trees and such like economic crops. The agricultural industrial structure adjustment will increase the output value of the land, from CNY 1,300 per mu to CNY 7,000-10,000 per mu, which will increase the family income. ii) When the land is small, the two daughters-in-law will go to work in the nearby enterprises, which can increase an annual income of CNY 12,000, much higher than the income of farming.


- D-13-56 -

Appendix 6 Outline of External Monitoring A Purpose of Resettlement Monitoring and Evaluation According to the requirements of Resettlement Policy of Asian Development Bank, external monitoring and evaluation will be conducted during Mancheng County WWTP resettlement implementation. The follow-up evaluation will be conducted during the land acquisition and resettlement through checking the progress, fund and management of land acquisition and resettlement and through analyzing and comparing the changes and restoration of production and living standards of those affected persons. Apart from the regular submission of report to Asian Development Bank, Baoding Project Management Office and concerned department (twice a year in the resettlement implementation), information and advice are also provided for every department to make decision as a reference. Through the external monitoring and evaluation, Asian Development Bank and departments in charge of the program get sufficient information about whether the land acquisition and resettlement are implemented in time and up to the requirements. Moreover, problems are pointed out and suggestions for the work improvement are given. B The Main Content of Resettlement Monitoring and Evaluation (1) The monitoring and evaluation of land acquisition and relocation implementation progress. - Including: ①Land acquisition progress and temporary land occupation progress.② Resettlement process. (2) Livelihood restoration of resettlement - including: ① cash compensation; ② production rehabilitation modes; ③ changes of income; ④ employment; ⑤satisfaction of resettlement. (3) Availability of fund and application of monitoring and evaluation - Including: Fund disbursement; the use of fund including the individual owned fund and collective-owned fund (both planned and actual). (4) the vulnerable group resettlement - including: ① the status of vulnerable group resettlement; ②the problems and special support during the resettlement. (5) Gender (6) Grievance redress (7) Public consultation and information opening C Process of External Monitoring Refer to Figure 1 for the process of external monitoring.


- D-13-57 -

Figure 1 Process of External Monitoring

D External Monitoring Institutions The external monitoring and evaluation will be undertaken by the external monitoring


- D-13-58 -

agency authorized by Asian Development Bank and entrusted by Baoding Project Management Office. E The Organizations and Responsibilities - The Baoding Project Affairs Office entrusts the external monitoring agency with the specific investigation, data collection, calculation and analysis of monitoring and evaluation, as well as the examination of their results. - The external monitoring agency form the resettlement monitoring and evaluation group of the Mancheng County WWTP project, which is responsible for the monitoring and evaluation of project resettlement, the formulation of the outline for monitoring and evaluation, the establishment of monitoring sites, the monitoring of field survey and the in-door analysis, as well as the preparation of report of resettlement monitoring and evaluation, according to ADB Involuntary Resettlement Policy. - Mancheng County Project Management Office will coordinate with the resettlement monitoring and evaluation group concerning personnel, transportation and so on during the field monitoring and investigation. F The Resettlement Monitoring and Evaluation Methods - The monitoring and evaluation adopts a combined method of field investigation, calculation and analysis, and the comprehensive assessment by experts. - The investigation is to be conducted in the way of a combination of the key parts with the whole project. There should be an overall investigation of the resettlement implementation progress, funds, institutions and management. And a sample investigation should be carried out among affected households. - The sample investigation adopts random sampling and other methods to make follow-up investigation for the typical sampling households in resettlement project. Sampling ratio: 30% of the affected households caused by permanent land acquisition. - The overall investigation adopts the forms of table investigation, forum discussion, inquiring of documents and archives. - Photos, audio and video records and objects should be collected apart from the written materials. G Report of External Monitoring and Evaluation of Project Resettlement The external monitoring and evaluation agency will submit resettlement monitoring reports to ADB and BPMO every six months during resettlement implementation and annual evaluation reports as well within 2 years after the completion of resettlement implementation. The external monitoring reports will be disclosed on ADB website.


- D-13-59 -

Appendix 7 Resettlement Information Booklet

Mancheng County Wastewater Treatment Project

Resettlement Information Booklet

Mancheng County Wastewater Treatment Plant

July 2007

Integrated Ecosystem and Water Resources Management in Baiyangdian Basin Project


- D-13-60 -

1. Project Introduction 1.1 Brief Introduction of the Project Mancheng County WWTP Project is a subproject of Integrated Ecosystem Management and Environmental Protection of the Baiyangdian Lake Catchment Project in Baoding City, Hebei Province, which is funded by ADB. The project consists of a WWTP project and an incepting sewage main pipeline network project. After the implementation of the project, it will greatly ameliorate the environment and water quality of this area, ensure the local people’s health, release the shortage of water resources through water reuse, and cut off the main pollution source in Baiyangdian which is convenient for controlling the pollution of the whole catchment. Being entrusted by Mancheng County Construction Bureau, institution concerned has finished “The Feasible Study Report of Mancheng County Wastewater Treatment Project” in August 2006, and the Resettlement Plan is based on the feasible study report, field survey and relevant information survey. During the detailed design, if there is any change of land acquisition scope and/or significant change of ground attachments, the resettlement plan will be revised and submitted to ADB for approval. 1.2 Project Composition and Scope of Land Acquisition The Mancheng County Wastewater Treatment Project consists of Mancheng County WWTP, wastewater collection system, drainage pipe system and inside roads. Refer to Table 1 for the project composition.

Table 1 Brief Description of Project Composition Project Brief Description Remarks

WWTP Project Establish a proposed WWTP with the first phase treatment capacity of 40,000m3 per day, and the second phase treatment capacity of 80,000 m3 per day.

The area of occupied land for the WWTP is 45mu, involving 41 households in Liangyu Village.

Pumping Station Established one pumping station with 1mu occupied land. The land has been expropriated in the construction of rain and wastewater drainage system in 1995.

Pipeline Network Project

The construction of phase one incepting sewage main pipeline, Pipe diameter: D4300-1400mm, pipe length: 11.1km.

Temporary land occupation is 43561.4m2 for pipeline network laying project.

1.3 Cost Estimate and Implementation Plan


- D-13-61 -

The total cost estimate for the Mancheng County Wastewater Treatment Project is CNY 73.669 million, in which CNY 3.63231 million is for resettlement cost estimate, accounts for 4.93% of the total investment. It will last 2 years from February 2008 to February 2010. According to the schedule of the implementation, under the guide of ADB TA office, Mancheng County PMO started to prepare the Resettlement Plan in September 2006, and the Resettlement Plan was finished, modified, and submitted to ADB for a review on 31st January 2007. After the plan being approved by ADB, land acquisition, compensation and resettlement implementation plans to start in September 2007. 2. Project Impacts 2.1 Measures to Avoid or Minimize the Impacts of Land Acquisition In the phase of project design, in consideration of minimizing the area of acquisition and resettlement, the main principles are: - Avoid or reduce the occupation of the present and planning residential districts; - Avoid or reduce the occupation of high-quality cultivated land; - Utilize the existing roads available to the project site, either by the national ones or the local ones; - Avoid or reduce the occupation of the environmentally sensitive area. 2.2 Project Impacts 2.2.1 Permanent Collective-owned Land Acquisition and Project Impact Analysis The project will permanently acquire 45 mu agricultural land in Liangyu Village for WWTP construction, in which 8.1mu is collective land. The permanent land acquisition involves 36.9mu land contracted by 41 households, with 16.455mu cultivated land and 20.455mu orchard. In this project the land (1mu) for new pumping station construction was included in the requisitioned land for the project of rain and sewage collection system and has been requisitioned in 1985, so there is need to compensate for this part of land. Refer to Table 2 for land acquisition impacts analysis in Mancheng County.

Table 2 Land acquisition impacts analysis in Mancheng County

Land contracted by farmers (mu) Collective-owned Land (mu) Project

Cultivate Land Orchard Subtotal Cultivated Land Subtotal WWTP 16.455 20.445 36.9 8.1 8.1

2.2.2 Temporary Land Occupation


- D-13-62 -

.According to the project scheme, the total temporarily occupied land area is 43561.4m2, the implementation will affect 28 households (98persons) and 74 workers in 29 shops (enterprises), due to the wide breadth of the motor lane and using present sewages, it is no need to widen the lane. So the most of implementation of the pipeline construction will bring tiny impacts to the households and shops along the lane, it is no need to compensate the households and shops along the lane for the impacts. During the implementation, it should adopt the engineering and environmental protecting measures such as watering, paving temporary paths etc. so as to avoid the problems of dust-blowing, traffic jam and other adverse impacts. In the mean time, the construction of the auxiliary pipeline network will be divided into several flexible parts. Each part lasts about one or two weeks. During the implementation, paving kinds of temporary paths and posting signs will be needed to reduce or minimize the impacts. The IA will compensate the households and shops along the lane for the impacts when the construction lasts longer than that of planned, the compensation standard is CNY 100/day, which has covered in contingencies. Refer to Table 3 for temporary land occupation condition.


- D-13-63 -

Table 3 Temporary land occupation condition in Mancheng County WWTP

Project The Scope of Occupied Land Area of Land Occupied (m2)

The indirect impacts of temporary Land Occupation

Households Enterprises Type of Land The Starting

Point The Ending Point Located Zone Land

Property

Pipe Diameter (mm)

Length (m)

Area Subtotal Households Population


The number of enterprises

The number of employees


Unbuilt Unbuilt Beier Road State-owned 800 732 3074.4

Unbuilt Huanchengdong Road Beier Road State-owned 900 308 1293.6

Xicheng Street Yanzhao Street Beier Road State-owned 500 616 1232

Yanzhao Street Yucai Street Beier Road State-owned 600 852 1874.4

Yucai Street Huanchengdong Road Beier Road State-owned 800 440 1848

Yanzhao Street Buxing Street Zhongshan Road State-owned 400 252 504

Buxing Street Yongle Road Zhongshan Road State-owned 500 309 618 6 20 Minor effect

on traffic 6 14 Minor effect on traffic

Yongle Road Huanchengdong Road

Zhongshan Road State-owned 600 665 1463

Jianshe Road Huanchengdong Road

Changwangnan Road State-owned 800 1586 6661.2

Changwangnan Road

Zhongshan Road

Huanchengdong Road State-owned 800 784 3292.8

Zhongshan Road Beier Road Huanchengdong


Beier Road Huanchengbei Road

Huanchengdong Road State-owned 1400 248 1240 7 25 Minor effect

on traffic 10 20 Minor effect on traffic

Non-manevurale lanes

Huanchengdong Road Dongsi Street Huanchengbei


32441.4

10 36 Minor effect on traffic 5 15 Minor effect

on traffic

Huanchengbei Road Pumping Station Unbuilt State-owned 1400 1557 7785 5 17



Occupied Land for Pipeline Network

Ditch

Pumping Station WWTP Unbuilt State-owned 1400 667 3335

11120

Total 11124 43561.4 43561.4 28 98 29 74


- D-13-64 -

2.2.3 Affected Persons The affected population caused by permanent land acquisition is 41 households with 182 persons in Liangyu Village. There are 2 households enjoying the “lowest life guarantee” from the government, accounting for 1.60% of total sampling. The temporarily occupied land is state-owned non-maneuverable lanes and the reconstruction of the old simple sewage. There will be temporary impacts on 28 households with 98 persons and 29 shops or enterprises with 74 persons, besides the property owners of trees and appendixes along the pipeline laying lanes, but the impacts are minor. 2.2.4 Vulnerable Groups (1) The low-income families According to the socioeconomic survey, in the affected 41 households there is one five-guarantees household with 3 persons and one low-income family with 4 persons, and they are enjoying the policy of “five guarantees” and “lowest living guarantee” respectively. (2) The completely landless farmers There is no completely landless household, and the highest ratio of land loss is 76.05% in Liangyu Village, Yaoxiang County. (3) The minorities In the project there is no minority households affected. 2.2.5 Impacts on women Among the affected population, there are 103 women, 46% of the total population. In the land-requisitioned households, there is no such household in which single woman is the master laborer because of losing spouse, being divorced or being deserted etc. 2.2.6 Infrastructures and Ground attachments The project consists of the construction of the WWTP and the pipeline laying. According to the socioeconomic survey, during the construction of WWTP, it will affect trees (poplars, fruit trees and Chinese pricklyash etc.), wells and tombs; during the pipeline laying it will disturb the trees (poplars and willows) along the lanes Refer to Table 4 for the affected infrastructures and ground attachments.


- D-13-65 -

Table 4 Affected Infrastructures and Ground attachments.

Project Item Unit

WWTP Wastewater pipeline network

Total

Poplar diameter<10cm 763 345 1108

Poplar diameter>10cm 186 265 451

Chinese pricklyash 18 18

Willow 2 2

Tree

Peach (mature)

Tree

986 986

Power Pole Pole 7 7

Tomb tomb 11 11

Wells well 2 2

3. Policies and Legal Framework 3.1 Applicable Laws, Regulations & Policies for Resettlement The resettlement policies of this project are mostly based on ASIAN DEVELOPMENT BANK (ADB)’s policies and relevant laws and regulations of the People’s Republic of China, including: ADB Policies and Guidelines - Involuntary Resettlement, Asia Development Bank (ADB), Manila. 1995; - Handbook on Resettlement: A Guide to Good Practice, ADB Manila, 1998; - Gender Checklist: Involuntary Resettlement, ADB Manila, February 2003; - OM Section F2 —Operations Manual: Bank Policies (BP) and Operational Procedures (OP), ADB, Manila，2006. Laws and Regulations of PRC - Land Administration Law of the People’s Republic of China (effective as of 28 August, 2004) - State Council Circular on the Decisions of Deepening Reform and Administrating Land Strictly (State Council [2004] No. 28, effective as of 21 October 2004) (Ref. No.GF[2004]28) - Provisions of Public Hearings on Land and Resources (MLR, effective as of 1 May 2004) - Guiding Opinions on Improving Compensation and Rehabilitation System for Land Acquisition (No. 238 Decree and issued by Ministry of Land and Resources in 2004) (Ref. No.GTZF[2004]238)


- D-13-66 -

- Pre-examination Management Methods of Land for Construction Project (Document 27 in 2004, MLR) - Public Announcement Methods on Land Requisition (MLR, effective as of 1 Jan. 2002) - Regulations on Land Administration of Hebei Province (effective as of 27 May, 2005) - Circular on implementation opinions of Deepening Reform and Administrating Land Strictly (Document 151 in 2004, Hebei provincial peoples’ government) (JZ[2004]151) 3.2 Eligibility Cut-Off Date BMG announced that the eligibility cut-off date is on 31st March, 2007. After the deadline, the settlement in the affected areas, newly cultivated land, newly built houses as well as any newly planted trees or newly added facilities of the affected people aimed at extra compensation will be excluded from the range of compensation and subsidy. 3.3 Definition of the Resettlement Rate 3.3.1 Collective-owned Land Acquisition The resettlement rate of the project is decided on the basis of our survey and estimation as well as consultation with Mancheng County Land and Resources Bureau and the affected households. The average annual output value of affected cultivated land in previous three years is 1,650 CNY/mu. The land compensation fee will be ten times of its annual output value. The resettlement subsidies will be 15.12 times of the annual output value. The young crops compensation fee will be 800 CNY per growth season. Refer to Table 5 for the land acquisition compensation standard of the project.

Table 5 Collective Land Acquisition Compensation Standard of the Project

3.3.2 Temporary Land Occupation Compensation On account of the laying of the pipeline network, it is required to temporarily excavate non-manoeuvrable lanes, and temporarily occupy 43561.4m2 of state-owned land. So the Resettlement Plan will not include temporary land occupation fee. Upon the complementation of the pipeline network construction, the construction unit will restore them according to their original scales and standards. This item of cost will be included in the project cost. 3.3.3 Infrastructures and Ground attachments Compensation

Compensation multiple Resettlement Standard (CNY/mu) Land Type

Annual Output Value (CNY)

Land Compen-

sation Fee

Resettlement Subsidies

Young Crops Compensation Fee Total

Land Compensation

Fee Resettlement

Subsidies Young Crops

Compensation Fee Total

Cultivated Land 1,650 10 15.12 0.48 25.61 16,500 24,948 800 42,248


- D-13-67 -

Refer Table 6 for the affected infrastructures and ground attachments resettlement rate.

Table 6 Infrastructure and Ground attachments Resettlement Standard of the Project Project

Items Unit WWTP Wastewater

pipeline network

Compensation (CNY)

Poplars diameter <10cm 986 345 10

Poplars Diameter>10cm 186 265 25

Chinese prickly ash 18 18

Willows 2 5 25

Tree

Peach (mature)

tree

986 300

Power poles pole 7 700

Tombs tomb 11 600

Wells well 2 1,600

3.3.4 Other Compensation standards Refer to Table 7 for other compensation rate of the project.


- D-13-68 -

Table 7 Other Compensation Standard of the Project No. Item Standard Basis Recipient

1 Cultivated Land Acquisition Tax 4.5 CNY/m2

State Council Document No. 027, 1987

The Land and Resources Bureau

will hold in trust

2 Cultivated Land Reclamation Fee 10 CNY/m2

Implementation Regulation of Land

Administration Law for Hebei Province


3 Fee for Paid-for

New Construction

Land Use 8CNY/m2

Caizongzi [1999] No. 117, Jicaizong [1999]

No.100 Land and Resources Bureau

4 Land Acquisition Administration

Fee


Jijiashefeizi [1992] No.134, Jijiajingzifei

[1993] No.32, Jijiashefei [1993] No.189, Jijiafeizi

[1997] No.2257, Jizhengbanhan [1999]

No.1, provincial general office of government

[2001] No.37, Jijiajingfeizi [2001]

No.32.


5 Reconnaissance,

Design and Research Fee


6 Implementation Management Fee


7 Technical Training Fee


8 External

Monitoring and Evaluation Fee


9 Contingencies

11.9% of the total sum of land acquisition cost, design cost, implementation

management fee, training cost and monitoring cost

Implementation Agency


- D-13-69 -

3.4 Entitlement Matrix The entitlement matrix is designed according to the relevant policies in this chapter. Refer to Table 8.

Table 8 Entitlement Matrix Type of Loss Impact Degree Entitled Persons Entitlements compensation policy and rate

Permanent Acquisition of Collective Land in this Project

Permanently requisitioned 45mu collective land in Liangyu Vliiage, Yaoxiang County.

Liangyu Village Group and the affected households (41households, 182 persons)

1. The village committee will receive collective-owned land fee, which will be used in the construction of infrastructures and so on. 2. The affected households will receive the contracting land compensation fee, resettlement subsidies and young crops compensation fee. 3. In the process of the construction, laborers in the affected households will be given the priority for taking part in the construction, working at the non-technical posts. When the project is completed, they will be granted with two to three temporary posts in the WWTP. 4. The Project management office (PMO) will provide a special fund of CNY 54,100 for technical training.

basic farmland: land compensation fee: 16,500 CNY/mu resettlement subsidies: 24,948 CNY/mu young crops compensation: 800 CNY/mu

Temporary Land Occupation

The total temporarily occupied land area is 4,3561.4m2, of which the non-maneuverable lanes area is 28,073.4m2. The construction of pipeline network will directly affect the Beiping Road, Zhongshan Road, Changwangnan Road etc. The temporarily occupied land for reconstruction of pipeline network is about 11,120m2, which is at the position of the old simple sewage. The temporarily occupied land for the pipeline laying is 4,368m2 in zone of

Concerned units, 28 households (98 persons) and 29 shops (72 workers)

Avoid the impacts, If the construction period exceeds 2 weeks, the construction unit will pay the affected households or shops CNY100/day.

Upon the complementation of the pipeline network construction, the construction unit will restore them according to their original scales and standards. This item of cost will be included in the project cost.


- D-13-70 -

Type of Loss Impact Degree Entitled Persons Entitlements compensation policy and rate Beier road, because the road hasn’t constructed, there is no need to excavate the road.

Lowest-income family 2 households 7

persons The implementation agency will provide special support to them.

The minority Vulnerable group Completely

landless households

Women The 237 affected persons.

1. Women will be given employment priority. 2. Women will have the priority in the free technical training. 3. Women will be assured of their access to the relevant information and the consultation of the resettlement.

Residential House Relocation and resettlement of enterprises

none / / /

Cultural relic none / / /

Infrastructures and the Ground attachments

7 wire poles; 2,565 trees; 11tombs, 2 wells. proprietor compensation at replacement costs

Poplars (diameter <10cm): CNY10 each, Poplars (Diameter>10cm): CNY 25 each, Chinese pricklyash: CNY 18 each, Willows: CNY 25 each, Peach (mature): CNY 300 each, Power poles: CNY 700 each, Tombs: CNY 600 each, Wells: CNY 1600 each.


- D-13-71 -

4. Institutional Framework 4.1 Institutions Establishment In order to ensure the successful implementation of the land acquisition and resettlement and the achievement of the planned results, Mancheng County Government set up a project leading group to prepare for the project and coordinate the implementation process. The vice county head assumed the position of group leader. The group consists of leaders from Construction Bureau, Land and Resources Bureau, Financial Bureau, Development and Reform Bureau, Environment Protection Agency and Municipal Corporation and Yaozhuang County government. Its subordinate is Mancheng County WWTP Project Management Office (PMO) which is located in Mancheng County Construction Bureau. This office is mainly in charge of the project preparation, organizing and coordinating, implementation and management, and so on. Refer to Table 5-1 for the institutional framework of Resettlement Plan.

Baoding PMO (4 persons)

Affected Towns,Villages, VillageGroups and APs

Mancheng County PMO (2 persons) External Monitoring Institution

Mancheng County Construction Bureau Mancheng County Municipal

Corporation (2 persons)

Figure 1 Institutional Framework Figure for RP

4.2 Staff Arrangement In order to guarantee the successful implementation of the Resettlement Plan, resettlement institutions on every level have arranged special staff to form an unimpeded information communication channel. Refer to Table 9 for the staff arrangement in resettlement institutions involved in the project.

Table 9 Staff Arrangement in Resettlement Institutions Involved in the Project Institution Name Staff Arrangement (No.) Staff Identity

Baoding PMO 4 civil servant Mancheng County PMO 2 civil servant Mancheng County Construction Bureau and Municipal Corporation

2 technician

Town, Village and Village Group 4～6 cadre and representative of APs External Monitoring Institution 4 resettlement expert 5. Grievance Redress Public participation is encouraged in both the preparing and the implementing process of the resettlement action plan, so there should not be immense controversies to incur. However, in the whole process, some unforeseeable problems may happen. In order to effectively solve the problems and guarantee the successful implementation of the project and land acquisition, a transparent and effective grievance redress channel is to be set up in the project. The basic solution procedures are as follows:


- D-13-72 -

- Stage 1: If the rights of the affected households are infringed in any respect of the land acquisition and resettlement, the affected households can complain or appeal to Mancheng County Municipal Corporation in oral or in written form. If an oral appeal is made, Mancheng County Municipal Corporation must record it on paper and respond to it. The above appeal is to be handled in no more than two weeks. - Stage 2: If the AP is not satisfied with the decision in stage 1, he/she can appeal to Mancheng County Project Management Office (PMO) or the Construction Bureau after receiving the decision, Mancheng County Project Management Office (PMO) or the Construction Bureau will reach a solution in no more than two weeks. - Stage 3: If the AP is still dissatisfied with the decision made by Mancheng County Project Management Office (PMO) or the Construction Bureau, he/she can, after receiving the solution, appeal progressively to administrative agencies of jurisdiction according to Administrative Litigation Law of PRC and call for arbitration. - Stage 4: if the AP is still dissatisfied with the arbitration result, he/she can appeal to the civil court according to civil litigation law after receiving the final arbitration solution. All of the institutions accept the appeals and grievance of the affected persons free of charge, and the proper expenses occurred thereof will be paid in the contingencies of this project. The grievance redress procedures are valid in the whole construction period, so that the affected persons may apply them to solve relevant problems. The telephone number of resettlement office is 0312-7071425. 6. Resettlement Implementation Plan 6.1 Principles of Resettlement Implementation According to the plan of the project implementation of Mancheng County WWTP, this project will begin in February 2008 and will be finished by February, 2010．To connect the plan of resettlement implementation progress with that of project construction, the land acquisition will finish in December, 2007. The basic principles for resettlement implementation plan are as follows: - The land acquisition must be finished at least one month prior to the start of project construction, so as to leave enough time for those affected villages to prepare for the resettlement and income restoration program. - Those affected persons should have the opportunity to participate in the project during the process of resettlement. Before the start of the project construction, the area of land acquisition should be made known to the public, the resettlement information booklet should be issued, and that the public can participate in the related work should be ensured. - All kinds of compensation should be paid directly and fully to the property owner within three months after the approval of land acquisition compensation and resettlement plan. No unit or individual can use the compensation fee on behalf of the property owner. And there should be no discount for the compensation, whatever the reason is. 6.2 Timetable for Resettlement Implementation The plan for the general resettlement implementation progress of this project is worked out according to the land acquisition implementation progress in the project construction of Mancheng County WWTP. There may be appropriate modification of the exact implementation time due to the deviation of the project general progress. Refer to Table 10 for the resettlement implementation time.


- D-13-73 -

Talbe 10 Resettlement Implementation Schedule and Supervision Milestone Resettlement Tasks Target Responsible Agency Deadline Status 1. Disclosure

1.1 - Information booklet 41 AFs Mancheng County WWTP 2007.1 Completed

1.2 - Approved RP 1 village Mancheng County WWTP 2007.1 Completed

1.3 - RPs posted on ADB website 1 RP ADB 2007.03 Completed

2. Approval

2.1 Approval of RP and budget Baoding Municipal Government 2007.06 Completed

2.2 Approval of land use plan Hebei Provincial LRB 2007.08 2.3 Approval of land acquisition Hebei Provincial LRB 2008.01 3. Agreements

3.1 - Compensation rates 1 village Mancheng County WWTP/PLG 2007.10

3.2 - Households 41 AFs Mancheng County WWTP/PLG 2007.10

4. Detailed Measurement Survey Recheck Mancheng County WWTP/ LRB 2007.09

5. Detailed Plans

5.1 - Village rehabilitation plans 1 village Mancheng County WWTP 2007.10

5.2 - Training Plans for APs 70 person-times for 40 APs

Mancheng County WWTP 2007.09-2007.11

6. Establishment of Implementation Capacity PLG/Mancheng County

WWTP/PMO/Others 2007.09-2007.10

7. Monitoring and Supervision

7.1 - Baseline survey 10 AFs Mancheng County WWTP/IMA 2007.09

7.2 - Set-up internal supervision As per RP Baoding PMO 2007.08

7.3 - Hiring external monitor Baoding PMO 2007.08

7.4 - Internal monitoring reports Quarterly Baoding PMO 2008.03

7.5 - External monitoring reports Semiannual IMA 2008.03

7.6 - Resettlement Completion Reports 2 reports Baoding PMO and IMA 2009.03,2010.03

8. Documentation of Consultation Mancheng County WWTP 2010.03

9. Documentation of Grievances Anxin Water Conservancy Burea 2010.03

10. Compensation Payments 10.1 - To affected village 100% of funds Mancheng County WWTP 2007.10-2007.11

10.2 - To affected families “ “ “ Mancheng County WWTP 2007.10-2007.11

11 Civil works commence Mancheng County WWTP 2008.02

Note: AFs - Affected Families; DIs - Design Institutes; IAs – Implementation Agencies; IMA - Independent Monitoring Agency; LRB - Land and Resource Bureau; PLG - Project Leading Group; PMO - Project Management Office; VC - Village Committee.


- D-13-74 -

appendix d-13: mancheng county wwtp resettlement plan · social safeguards. this resettlement plan...

Documents