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Resettlement Planning Document Resettlement Plan for Kelijiang River Envrionmental Upgrading Subproject Document Stage: Final Project Number: 37596 February 2006 PRC: Guangxi Nanning Urban Environmental Upgrading Project Prepared by Nanning Xiangsihu New District Construction And Development Co. Ltd. The resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB’s Board of Directors, Management, or staff, and may be preliminary in nature.

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Page 1: Resettlement Planning Document · Resettlement Planning Document Resettlement Plan for Kelijiang River Envrionmental Upgrading Subproject Document Stage: Final ... AVs Affected Villages

Resettlement Planning Document

Resettlement Plan for Kelijiang River Envrionmental Upgrading Subproject Document Stage: Final Project Number: 37596 February 2006

PRC: Guangxi Nanning Urban Environmental Upgrading Project

Prepared by Nanning Xiangsihu New District Construction And Development Co. Ltd.

The resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB’s Board of Directors, Management, or staff, and may be preliminary in nature.

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ASIAN DEVELOPMENT BANK

RESETTLEMENT PLAN

(FINAL)

KELIJIANG RIVER ENVIRONMENTAL UPGRADING SUBPROJECT

OF

GUANGXI NANNING URBAN ENVIRONMENTAL UPGRADING PROJECT

IN THE

PEOPLE'S REPUBLIC OF CHINA

NANNING XIANGSIHU NEW DISTRICT CONSTRUCTION AND DEVELOPMENT CO. LTD.

FEBRUARY 2006

NANNING – P. R. CHINA

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Letter of Commitment

Asian Development Bank,

The People’s Government of Nanning City has applied for a loan, through Ministry of

Finance of the People’s Republic of China, from Asian Development Bank to finance this subproject. Therefore, it must be implemented in compliance with the guidelines and policies of Asian Development Bank for social safeguards. This Resettlement Plan is in line with the key requirement of Asian Development Bank and will constitute the basis for land acquisition, house demolition and resettlement of the subproject. The plan also complies with the laws of the People’s Republic of China and local regulations, as well as with some additional measures and the arrangements for implementation and monitoring for the purpose of achieving better resettlement results.

The People’s Government of Nanning City hereby confirms the contents of this Resettlement Plan, and guarantees that budget as set in the Resettlement Plan will be covered by the total project budget and be made available on time. The People’s Government of Nanning City has discussed the draft Resettlement Plan with relevant units that have confirmed their acceptance, and authorizes Nanning Resettlement Management Office for ADB Financed Projects as the responsible agency to generally manage the implementation of the project and related resettlement activities, and the Governments of concerned Urban Districts to be responsible for implementation of the project and related resettlement activities within the respective Urban Districts. The Vice Mayor of the People’s Government of Nanning City ___________________ (Signature) __________________ (date)

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Abbreviations

APs Affected Persons AVs Affected Villages Asian Development Bank ADB DMS Detailed Measurement Survey M&E Monitoring and Evaluation NMG Nanning Municipality Government PMO Project Management Office RP Resettlement Plan VCs Village Committees

Notes

Currency Unit -Yuan(Y) or RMB Y1.00 =$0.12 $1.00 =Y8.08

1 ha =15mu

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Definition of Working Terms for RP

This Resettlement Plan is formulated on the basis of the laws, regulations and policies of the People’s Republic of China, Guangxi Zhuang Autonomous Region and Nanning city as well as the ADB’s policy on involuntary resettlement. The target is, through the action plans for resettlement and restoration, to benefit the affected people, improve their living standards and, at least to restore their production and livelihood after project implementation.

Project Areas. Project areas refer to places where the project is located, normally

referring to the administrative areas at or under the county level (city, county and town). The project areas of this Project cover Yongxin District and Nanning New & High-tech Industrial Development Zone of Nanning City, including Xinxu Town, Shibu Town and Shangyao Subdistrict Office.

Affected People. Affected people (APs) refer to the group of people, due to the

project construction, (1) whose living standards are adversely affected or, (2) whose houses, land (including the house land, farmland and grassland of their ownership and titles, as well as their various types of movable and immovable properties are temporarily or permanently acquired and occupied, or (3) whose production, operation, working and living are adversely affected. “Affected People” refer to the individuals who conform to the definition of the “Affected Population”.

APs may refer to natural persons or legal persons (for example a company or a public institution etc.).

Identification of the APs shall not be confined to those who conduct productive activities or reside in the affected areas being with or without legal registration and approval, nor be confined to those who do have or do not have the ownership of these properties. Therefore, APs shall include:

(1) People who are affected by the project construction, regardless of the legal ownership of the properties that are acquired by the project.

(2) People who live in the affected areas even without being approved. Therefore, all these people shall be considered and registered as the APs, regardless

of their legal status of the properties, land and location. Restoration. Restoration refers to the recovery of the resources capacities of the

APs, enabling them to continue their productive activities at the levels that are higher than or at least not less than those they had when the project was not constructed and, at least restore to or be higher than their previous living standards.

Replacement. Replacement refers to making necessary arrangement for the APs

for production and living, enabling them to restore to the previous productive and living standards and be benefited from the project construction. Mainly including:

(1) To arrange the living areas; (2) To provide with suitable employment for the APs who have lost their jobs or

seriously affected by the project; (3) To restore or compensate the productive resources that are affected by the project

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construction, such as land, working site, trees and infrastructure; (4) To restore the living standards (quality) for the APs who are adversely affected by

the project construction through land acquisition, indirect resettlement effects or other negative impacts;

(5) To restore or compensate the private or public-own enterprises that are affected by the project, and.

(6) To eliminate the negative effects on the cultural facilities and communal properties. Methods for Resettlement:

(1) Monetary resettlement. This is to make compensation to villagers who will dispose the money at their will in restoring production and living. Monetary compensation accompanied by suitable resettlement shall be made for the losses of business investment and equipment incurred to the floating population.

(2) Compensation in-kind. This refers to the subsidies in kind. Normally, the demolition unit shall construct comprehensive commercial and residential buildings for the purpose of resettlement; or provide with commercial and industrial buildings for the rural collective economic organizations to manage.

(3) Resettlement with reserved land. This is also called to reserve industrial land. It serves as a complementation to the monetary compensation. Subject to the requirement of planning, some lands shall be reserved preferentially for rural collective organizations of which lands have been requisitioned for the purpose of development operation. The reserved land shall enable the rural collective organizations and households to gain stable benefits through legal operation. There are three types of reserved lands for resettlement: reserved state-owned land; reserved collectively-own land; reserved construction land use quota. Normally, as for these three types of reserved land resettlement, the proportion of the reserved land shall not be over 20% of the total lands that have been requisitioned by the project.

(4) Re-employment resettlement for the rural people who have lost their land. The land-using units shall employ the labors; the labor administrative department shall make general arrangement; the rural people who have lost their lands are encouraged to make self-employment.

(5) Resettlement through equity participation. The land acquisition compensation shall be concentrated as the business investment, and on annual basis, the rural people shall share the profits. The actual process in this connection shall be: the land acquisition and resettlement compensation shall be concentrated by the rural economic organization for special investment, such as construction of standard factory buildings and stores for leasing. The villagers group shall share the profits on regular basis each year according to respective areas of land that have been requisitioned. The shares shall be further distributed to the individual villagers. Or, the compensation shall be divided into shares and further quantified to individuals; the funds shall be operated by the rural economic organization. In this case, the annual profits shall be distributed according to the percentages of shares.

(6) Social security resettlement. This is to ensure the social insurance premium in-place, i.e. making a 15-year lump-sum payment of the social insurance premium (endowment insurance, unemployment insurance and medical insurance) and a one-off payment of living subsidies.

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Vulnerable groups. Vulnerable groups refer to the solitary elderly, the disabled,

households headed by women, poverty-stricken families and ethnic minorities other than Zhuang. Identification of these vulnerable groups who might require special assistance is an important issue in the resettlement.

(1) Poverty population. Poverty-stricken population refers to those who are below China’s poverty line, including the relative poverty-stricken population and absolute poverty-stricken population. According to the poverty identification standard of Nanning City, people with annual average income of lower than RMB650.00 (current year price) are classified as absolute poverty population, while those with annual average income between RMB650-RMB882 are classified as relative poverty population.

(2) Households headed by women. Refer to the families that are without dependence on male while headed by women. In these households, the wives may have been widowed or divorced or, whose husbands are disabled and lost their labor capacities; accordingly, all production and living of the whole households are headed by the women.

3) The solitary elderly people. Refer to the old people of above 70 years old who are living separately, such as those aged separated from their children; or the adults who are working and living in fields, such as the guards in orchards and forest etc.

(4) The disabled. Refer to those who are psychologically, physically and body abnormal. Due to the loss of some body functions, they have totally or partially lost their capacities in engaging in some activities. The livelihoods for the disable people are very difficult. They cannot take care of themselves and shall be the special groups needed to focus on.

This report shall define the population that have separated from their households for

over half a year as the floating population, i.e. the population coming from other places other than Nanning city who have resided in the project areas for over half a year.

Public participation. Public participation is an important work at the project identification stage or the preparatory stage of the project construction. In views of sociology, public participation refers to the social activities that are participated by social masses, social organizations, units or individuals that act as the main bodies within their respective rights and obligations. The target of public participation is to be generally accepted by the publicity and, the project construction shall not damage or endanger the public benefits, thus to achieve the unification of economic benefits, social benefits and environmental benefits.

The term of public herein refers to the stakeholders, being a natural person or a legal entity, of which, the target groups are:

(1) Directly-affected people: People with expected benefits, organizations with direct risks, organizations with related benefits etc., most of them are within the project areas or in the areas affected by the project.

(2) Affected public representatives: Representatives of the governmental departments of the state or provincial levels, local governmental officials, local institutions and representatives from private sectors.

(3) Other organizations having the interests: including local NPC deputies, members of CPPCC, mass organizations, academic organizations and representatives

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from subdistrict offices. Grievance. Grievance refers to the activities in stating reasons and appealing to

the state organs for the redressing of the concerned rights. These include the grievances respectively with lawsuit and without lawsuit. In the former, if the litigant parties or other citizens refuse to accept the legal judicial judgments, they may appeal to the People’s court or procuratorate for re-consideration. In the latter, in case that the working staff of the state organs, political parties and members of organizations refuse to accept the disciplinary punishment, they may appeal to the higher authorities for re-consideration.

Monitoring and Evaluation (M&E). M&E is a means of management constituting

an effective part of the project management. Monitoring is a continuous evaluation both on the implementation of the project

plans and on the utilization of project investment, infrastructure construction and service for project beneficiaries etc., also including the evaluation on the aspects of engineering, society and economy. The main goal of monitoring is to provide with continuous feedback of the project implementation, find out the existing and the potential problems and make prompt necessary adjustment. It is an effective means to improve the project management level, minimize the possibilities of failures, promote project construction and improve project quality.

Evaluation is the periodic assessment and judgment where summary and suggestion are proposed. It aims to evaluate the feasibility, situation of implementation and results of implementation of the identified project. Evaluation normally requires collection of necessary additional information of the project for comparative analysis, such as information of population, economy and time etc. Evaluation covers two aspects: one is to evaluate the issues that have happened, while the other is to deduce the issues that have not occurred according to the available information.

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Background

Nanning Kelijiang River Comprehensive Environmental Upgrading Subproject (Kelijiang subproject) is a component of Nanning Urban Environmental Upgrading Project. In order to mitigate the impacts caused by land acquisition and demolition and enable the APs to restore to their previous living standards in short term, in accordance with ADB policies and international practices, Nanning City Xiangsihu New District Construction and Development Company Limited of Guangxi Zhuang Autonomous Region entrusted Guangxi Academy of Social Sciences to undertake the compilation of Resettlement Plan for Kelijiang subproject. The social impact surveys were mainly conducted by National Economy Research Institute of Guangxi Academy of Social Sciences. Zhong Qiquan, the researcher and deputy director of Guangxi Academy of Social Sciences offered great supports and guidance for the survey.

On December 16, 2004, Guangxi Academy of Social Science undertook the resettlement survey until December 30 of the year. On this basis, the compilation group developed this resettlement plan.

On January 12 of 2005, we submitted the draft as per the schedule. On January 26, 2005, according to IA and project adjustment, the draft was promptly

revised and submitted for examination and approval. On March 9, 2005, in accordance with the suggestions by the ADB’s PPTA consultants, IA

has made some adjustments on the project feasibility study. Therefore, we made another field survey and re-estimated the quantities in-kind and data in the RP, and re-identified the measures for land acquisition, demolition and resettlement.

The compilation of this RP is prepared based on Feasibility Study Report on Kelijiang River Comprehensive Environmental Upgrading Subproject of Nanning City prepared in July 2005 by Beijing General Municipal Engineering Design and Research Institute. Due to the constant changes of the components in the feasibility study report, this RP is also revised in corresponding to the adjustment. Therefore, the data of land acquisition and demolition as provided herein the RP are dynamic.

The RP was compiled by Zhao Minglong, Long Yuwei, Zhao Jiazhen, Long Huifeng and Lin Hai. Zhao Minglong compiled Chapter 2 and 5; Long Yuwei Chapter 3; Zhao Jiazhen Chapter 4; Nong Huifeng Chapter 6 and 7; Lin Hai Chapter 1 and 2 plus Annex II Resettlement Information Handbook. The whole RP was cross-revised and finalized by Zhao Minglong.

In the process of survey on land acquisition and demolition, the collection and consultation of concerned laws and regulations, the RP compiling group has gained great supports from Nanning Xiangsihu New District Administration Committee, Nanning Development and Reform Commission, Nanning Finance Bureau, Nanning Land Administration Bureau, Nanning Land Acquisition and Demolition Office and other departments concerned. We also attained the assistance and cooperation from the town and village committees. We would like to express our heartfelt appreciation to the above-mentioned governmental departments and committees, especially to Mr. Li Dahong and Ms. Chen Shaojun, the ADB’s PPTA consultants for their kind guidance and assistance.

October 30, 2005

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CONTENTS

Executive Summary ............................................................................................................................. I

1 Introduction.................................................................................................................................. 1

1.1 Background ............................................................................................................................ 1 1.2 Project description.................................................................................................................. 1 1.3 Objectives of project construction .......................................................................................... 4 1.4 Impacts of the project ............................................................................................................. 4 1.5 Total project investment and fund sources............................................................................. 5 1.6 Mitigation measures ............................................................................................................... 5 1.7 Project institutions .................................................................................................................. 6 1.8 Due Diligence on Resettlement Issues for West Xiangsihu Road Construction Project. ...... 7

2 Project Impact Analysis .............................................................................................................. 8

2.1 Affected land .......................................................................................................................... 8 2.1.1 Acquisition of rural collective land................................................................................ 8 2.1.2 Land in Revier-Courses.................................................................................................. 9 2.1.3 Temporary land occupation .......................................................................................... 10

2.2 Demolition of rural houses ................................................................................................. 10 2.3 Affected institutional units ...................................................................................................11

2.3.1 Permanent occupation of state-owned land of institutional units ..................................11 2.3.2 House demolition of institutional units ....................................................................... 12

2.4 Floating Population. ............................................................................................................. 13 2.5 Vulnerable groups ............................................................................................................... 14 2.6 Ethnic Minorities.................................................................................................................. 15 2.7 Affected population .............................................................................................................. 15 2.8 Infrastructure facilities and land-attached structures ....................................................... 16 2.9 Assessment and conclusion................................................................................................. 16

3 Profile of Social Economy of the Project Areas ..................................................................... 17

3.1 Project areas ........................................................................................................................ 17 3.1.1 The historical evolution of Nanning city........................................................................ 17 3.1.2 Economic characteristics of Nanning City .................................................................... 17

3.2 Profile of affected areas ....................................................................................................... 18 3.2.1 Yongxin District .......................................................................................................... 19 3.2.2 Nanning New & High-Tech Industrial Development Zone (Gaoxin District) ................. 19

3.3 Social and economic profile of affected towns..................................................................... 20 3.3.1 Shangyao subdistrict office........................................................................................... 20 3.3.2 Shibu sub-district office ................................................................................................ 20 3.3.3 Xinxu town .................................................................................................................... 20

3.4 Social and economic profile of affected villages .................................................................. 21 3.4.1 Objects and methods of survey.................................................................................... 21 3.4.2 Social and economic situation of affected villages....................................................... 21

3.5 Social and economic survey on the affected households.................................................... 25

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3.5.1 Sample distribution of households for social impacts survey....................................... 25 3.5.2 Profile of affected households ...................................................................................... 25

3.6 Profile of affected institutional units...................................................................................... 32 3.6.1 Guangxi Agricultural Occupational College.................................................................. 32 3.6.2 Guangxi Academy of Agriculture Science .................................................................... 32 3.6.3 Guangxi Economic Management Cadre College ......................................................... 33 3.6.4 Guangxi Vocational College for Electrical and Mechanical Technologies.................... 33

4 Laws, Policies and Compensation Standards for Resettlement........................................... 34

4.1 Policy framework for resettlement........................................................................................ 34 4.1.1 Laws for resettlement ................................................................................................... 34 4.1.2 Legal basis for resettlement ......................................................................................... 34 4.1.3 Policy Basis .................................................................................................................. 34 4.1.4 ADB Policy.................................................................................................................... 35

4.2 Applicable stipulations for resettlement ............................................................................... 35 4.2.1 Relevant regulations specified in Land Administration Law of the People’s Republic of China 35 4.2.2 Regulations specified in Regulations for Implementation of Land Administration Law of the People’s Republic of China.................................................................................................... 37 4.2.3 Regulations in Provisions of the People’s Republic of China on Tax on Occupation of Cultivated Land............................................................................................................................ 38 4.2.4 Regulations in Guidelines for Strengthening Land Acquisition Compensation and Relocation System issued by Ministry of Land and Resources................................................... 38 4.2.5 Regulations specified in Methods of Guangxi Zhuang Autonomous Region on Implementation of Land Administration Law of the People’s Republic of China ......................... 40 4.2.6 Methods of Compensation and Relocation for Acquisition of Collective Land and House Demolition (provisional) ............................................................................................................... 43 4.2.7 Regulations specified in Implementation Methods for Management of Urban Building Demolition and Relocation (provisional) ...................................................................................... 46 4.2.8 Stipulations of Policy on Involuntary Resettlement of Asian Development Bank ............... 48

4.3 Procedures for land acquisition and house demolition. ....................................................... 49 4.4 Compensation policy and standards for this subproject ...................................................... 50

4.4.1 Identification of eligibility............................................................................................. 50 4.4.2 Policies for land in River-Courses .............................................................................. 51 4.4.3 Compensation standards for acquisition of rural collectively-owned land.................... 51 4.4.4 Compensation standards for temporary land occupation ......................................... 52 4.4.5 Relevant charges and taxes relating to land acquisition .......................................... 53 4.4.6 Compensation standards for demolition of rural houses.............................................. 54 4.4.7 Houses of institutional units and working staff ............................................................. 55 4.4.8 Compensation standards for basic facilities and land-attachments......................... 57 4.4.9 Occupation of state-owned land of institutions............................................................. 57 4.4.10 Assistance policies for vulnerable groups ................................................................. 57 4.4.11 Assistance policies for floating population................................................................. 58 4.4.12 Support policies for ethnic minorities ......................................................................... 58

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4.4.13 Entitlements Matrix...................................................................................................... 60

5 Resettlement Rehabilitation Plan............................................................................................. 63

5.1 Objectives of resettlement and principle of planning ........................................................... 63 5.1.1 Guideline....................................................................................................................... 63 5.1.2 Objectives of resettlement ............................................................................................ 63 5.1.3 Principle for resettlement.............................................................................................. 63

5.2 Emphasis of resettlement..................................................................................................... 64 5.2.1 Focus of resettlement ................................................................................................... 64

5.3 Village rehabilitation plan ..................................................................................................... 64 5.3.1 Rehabilitation plan for Chenxi village ........................................................................... 65 5.3.2 Rehabilitation plan for Silian village.............................................................................. 70 5.3.3 Rehabilitation plan for Xinxu village ............................................................................. 74 5.3.4 Hede village and Ximing village ................................................................................... 76

5.4 Resettlement for institutions and staff affected by the project ............................................. 77 5.4.1 Guangxi Agricultural Occupational College.................................................................. 77 5.4.2 Guangxi Academy of Agriculture Science .................................................................... 78 5.4.3 Guangxi Economic Management Cadre College and Guangxi Vocational College for Electrical and Mechanical Technologies...................................................................................... 78

5.5 Resettlement of vulnerable groups. ..................................................................................... 78 5.5.1 Resettlement plan for poverty households ................................................................... 79 5.5.2 Resettlement plan for households headed by women ................................................. 80 5.5.3 Resettlement for the solitary elderly. ............................................................................ 80 5.5.4 Resettlement plan for the disabled............................................................................... 81 5.5.5 Protection measures for women’s entitlements............................................................ 81

5.6 Resettlement for floating population. ................................................................................... 81 5.6.1 Resettlement plan for floating population of plantation households............................. 81 5.6.2 Resettlement plan for floating population engaging in breeding .................................. 82 5.6.3 Resettlement plan for floating population engaging in the tertiary industry ................. 82

5.7 Ethnic minority rehabilitation plan ........................................................................................ 83

6 Budget......................................................................................................................................... 85

6.1 Cost estimate ....................................................................................................................... 85 6.2 Funds management. ............................................................................................................ 85

6.2.1 Funding Source ............................................................................................................ 85 6.2.2 Principle for payment of resettlement funds. ................................................................ 85 6.2.3 Flow direction of resettlement funds............................................................................. 94

6.3 Management of resettlement cost........................................................................................ 94

7 Institutional Organizations, Implementation and Management for Resettlement .............. 96

7.1 Institutional framework ......................................................................................................... 96 7.1.1 Institutional establishment ............................................................................................ 96 7.1.2 Responsibilities of institutional organizations ............................................................... 96 7.1.3 Measures for strengthening institutional capacities...................................................... 98

7.2 Implementation plan for resettlement actions ...................................................................... 98

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7.3 Grievance........................................................................................................................... 101 7.3.1 Departments accepting grievance.................................................................................. 101 7.3.2 Means of Grievance ....................................................................................................... 101

8 Public Participation ................................................................................................................. 103

8.1 Significance and targets of public participation.................................................................. 103 8.2 The objectives of participation............................................................................................ 103 8.3 Methods of public participation........................................................................................... 103

8.3.1 Preparation of resettlement booklet ........................................................................... 103 8.3.2 Public disclosure of the materials relating to resettlement, land acquisition and demolition................................................................................................................................... 104 8.3.3 Information campaigns ............................................................................................... 104 8.3.4 Socio-economic survey .............................................................................................. 104 8.3.5 Public consultation meetings ...................................................................................... 105 8.3.6 Consultation meetings for land acquisition and demolition on urban district level ..... 105 8.3.7 Information disclosure ................................................................................................ 105

8.4 Schedule of public participation ......................................................................................... 106 8.4.1 Participation in the phase of project preparation ........................................................ 106 8.4.2 Compilation and participation of Resettlement Plan................................................... 106 8.4.3 Participation in the implementation of resettlement plan............................................ 107

9 Monitoring and Evaluation.......................................................................................................111

9.1 Meanings of monitoring and evaluation ..............................................................................111 9.2 Reasons and targets of monitoring and evaluation.............................................................111 9.3 Internal Monitoring .............................................................................................................111

9.3.1 Purpose and task.........................................................................................................111 9.3.2 Institution and staffing..................................................................................................112 9.3.3 Monitoring contents .....................................................................................................112 9.3.4 Monitoring procedure...................................................................................................113 9.3.5 Reporting .....................................................................................................................113

9.4 External Monitoring .............................................................................................................116 9.4.1 Purpose and task.........................................................................................................116 9.4.2 Institution and staffing..................................................................................................116 9.4.3 Major indicators of monitoring and evaluation.............................................................116 9.4.4 Monitoring and evaluation measures ..........................................................................117 9.4.5 Reporting .....................................................................................................................119

Appendix I: Implementation Scheme for Improvement of Village within City in Xiangsihu New District...................................................................................................................................... 120

Appendix II Resettlement Information Booklet ...................................................................... 126

Appendix III Outline for Village Level Resettlement Survey................................................... 140

Appendix IV Outline of Survey for Resettlement of Enterprises and Institutional Units .... 142

Appendix V. A Letter to Households........................................................................................... 143

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Appendix VI: Questionnaire for Household Survey.................................................................. 144

Appendix VII Due Diligence Report......................................................................................... 149

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LIST OF TABLES

Table 2-1 Summary of Project Affected Areas .................................................................................... 8 Table 2-2 Acquisition of Rural Collective Land ................................................................................. 9 Table 2-3 APs Affected by Acquisition of Rural Collective Land (for Permernent Population) ........... 9 Table 2-4 Summary of Temporary Land Occupation ...................................................................... 10 Table 2-5 Summary of Demolition of Rural Houses........................................................................ 10 Table 2-6 Summary of APs of House Demolition.............................................................................11 Table 2-7 Permanent Occupation of State-owned Land of Institutional Units by the Project ............11 Table 2-9 Summary of house demolition impacts on institutional units ............................................ 12 Table 2-10 Summary of affected staff of institutional units ............................................................... 12 Table 2-11 Classification of Affected Floating Population of the Project........................................... 13 Table 2-12 Summary of Affects on Vulnerable Groups................................................................... 14 Table 2-13 Total Population Affected by the Project ....................................................................... 15 Table 2-14 Summary of Infrastructure Facilities and Land-Attached Structures .............................. 16 Table 3-3 Age Structure and Educational Background of APs........................................................ 26 Table 3-4 Marriage Status of APs ................................................................................................... 27 Table 3-5 Employment Classification of APs .................................................................................. 27 Table 3-6 Summary of Annual Income of Rural People of Project Areas in 2004 ............................ 28 Table 3-7 Summary of Average Per-capital Household expenses for APs in 2004.......................... 29 Table 3-8 Summary of Average Per Capita Net Income for Affected Rural Households in 2004. 30 Table 3-9 Types of Residential Houses of APs of Project Areas in 2004 ......................................... 30 Table 3-10 Summary of Durable Productive and Living Articles of APs in 2004 .............................. 31 Table 3-11 Summary of Average per Household Occupation of Cultivated Land of all Subprojects in

2004 ............................................................................................................................................. 31 Table 4-1 Average Regional Land Acquisition Price......................................................................... 51 Table 4-2 Summary of Average Per-capita Cultivated Land Coefficient........................................... 52 Table 4-3 Compensation Standards for Crops.................................................................................. 52 Table 4-4 Compensation Standards for Temporary Land Occupation ............................................ 52 Table 4-5 Summary of Relevant Taxes and Charges Relating to Land Acquisition ......................... 53 Table 4-7 Compensation Standards for Demolition of Collective Non-Residential Houses (incl. land

price) ............................................................................................................................................ 54 Table 4-8 Monetary Compensation Standard for Demolition of other Houses (exclu. Land price) .. 54 Table 4-9 Standards for replacement costs for demolition of houses built on rural collectively-owned

land (land price excluded)............................................................................................................ 55 Table 4-10 Standards for Demolition of Houses with unregisted Built on Rural Collectively-owned Land

(land price excluded) ................................................................................................................... 55 Table 4-11 Standards for Moving Subsidies for Demolition of Houses Built on Collectively-owned

Land ............................................................................................................................................. 55 Table 4-12 Monetary Compensation Standards for Demolition of Residential Houses of Working Staff

in Institutional Units (land price included) .................................................................................... 56 Table 4-13 Monetary Compensation Standards for Demolition of other Houses of Institutional Units

(land excluded) ............................................................................................................................ 56

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Table 4-14 Standards for House Demolition Subsidies for Institutional Units and Working Staff ..... 56 Table 4-15 Compensation Standards for Land Attachments ............................................................... 57 Table 4-16 Entitlements Matrix ............................................................................................................ 60 Table 5-1 Impact Analysis for Land Acquisition............................................................................... 64 Table 5-2 Summary of Impacts Caused by Land Acquisition ........................................................... 65 Table 5-3 Summary of Impacts Caused by Land Acquisition.............................................................. 65 Table 6-1 Resettlement Cost Estimate ............................................................................................. 86 Table 7-1 Schedule for Land Acquisition and House Demolition of Kelijiang Subproject............... 100 Table 8-1 Attitudes of Residents in Project Area to Project Construction....................................... 107 Table 8-2 Public Participation during Distribution of Resettlement Information Handbook ............ 108 Table 8-3 Plan for Public Participation ...........................................................................................110 Table 9-1 Progress Report on Land Acquisition, House Demolition and Resettlement ..................114 Table 9-2 Execution Progress on Funds Utilization.........................................................................115

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LIST OF FIGURES

Figure 1.1 Project Map ................................................................................................................... 2 Figure 3.1 Houses to be Demolished of Chenxi Village on Both East and West Banks of Kelijiang

River............................................................................................................................................. 22 Figure 3.2 Cultivated Land to be Acquired and Vegetables ............................................................. 23 Figure 3.3 Houses Proposed to be Demolished............................................................................... 23 Figure 3.4 Aquatic Cultivation and Ducks Breeding in Kelijiang River ............................................. 25 Figure 3.5 Exhibition Center for Modern Agricultural Technologies of Guangxi Agricultural

Occupational College................................................................................................................... 32 Figure 6.1 Flow of Resettlement Funds............................................................................................ 94 Figure 7.1 Institutional Framework for Project Land Acquisition and Demolition........................... 96 Figure 7.1 Means of Grievance.................................................................................................... 102

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Executive Summary

Kelijiang subproject consists of five components respectively of: (i) river course treatment; (ii) sewage system; (iii) sewage pumping station; (iv) stormwater system; and (v) ecological restoration and landscaping. Xiangsihu New District Construction & Development Co. Ltd. is the project implementing agency (IA).

This subproject will affect Shibu sub-district office, Shangyao Sub-district Office and five villages of Xinxu town. It will totally acquire 507mu permanent land, 1230mu land in river courses and temporarily occupy 37mu of rural collectively-owned land, affecting 274 households inclusive of 1113 people (including 51 floating households of 204 persons). In addition, the subproject will demolish 8277m² of rural houses, affecting 163 households inclusive of 551 persons (including 153 floating households of 527 persons). Project construction will affect 4 institutional units, permanently occupy 375mu of state-owned land and demolish 14850m², affecting 141 households of 435 persons. In all, the total population directly affected by the subproject is 578 households of 2102 persons (incl. 204 floating households of 731 persons).

In order to avoid or minimize land acquisition and demolition impacts, close consultation on project site has been made with local government officials and villager’s committees during the feasibility study stage, and the best option is recommended by comparison with alternatives.

This RP is based on the Land Administration Law of PRC and related matching policies, Decision of the State Council on Deepening Reform and Strictly Enforcing Land Administration (Ref. No. GF[2004] 28), and also related policies of Guangxi Zhuang Autonomous Region. Meanwhile, the RP was prepared in compliance with ADB’s Policy on Involuntary Resettlement and relevant social safeguard policies. Based on the above policies and through consultation with local governments and APs, the resettlement principles for this subproject are established as follows:

(i) Compensation and entitlements provided to APs are at least as adequate as to maintain their “without project” standard of living, with prospect of improvement; (ii) All APs, local or floating, titled or non-titled, are taken into account for compensation and resettlement assistance; (iii)Compensation shall be provided for APs in cash or kind or reserved industrial land, so that they can engage in other income-generating activities; (iv) All APs shall be adequately informed on eligibility for compensation, mode, rates and standards, restoration plans for livelihood and income, project timing etc. through public notices, and disclosure of the RP and the Information Booklets; (v) No land acquisition shall take place unless replacement land or sufficient compensation for resettlement are given to APs; (vi) The government and an independent agent will conduct monitoring of the compensation and resettlement; (vii) Vulnerable groups will be supported with special subsidies or arrangement so that their livelihood can be ensured, and all APs listed in the RP shall have the opportunity to benefit from the project; and (viii) Resettlement budget should be made fully and thoroughly to cover all aspects.

All APs have been informed the major information of RP in various means, such as meetings, interviewing, village group discussions, public consultation, and community consultation etc. Representatives from all aspects have participated in the preparation of the RP, and their concerns have been incorporated in the RP. The RP of Chinese version has been submitted to the relevant governmental departments. The Booklet of RP were distributed to all affected villagers and households and RP was dissiminated to related villages on 10th of December 2005, The feedback comments have been collecting by the PMO, the finalized RP will be approved by NMG and ADB, and be disclosed on ADB’s website. The PMO will be

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responsible for the monitoring, follow-up consultation and grievance redress for the implementation of RP. The grievance procedure has been described in details in RP.

As for the permanent land acquisition and demolition, the compensation standards shall be in compliance with the latest policies of NMG. House demolition shall be compensated at replacement cost. The compensations shall be directly paid to the collective organization or individuals who are affected. Compensation for standing crops will be paid directly to the owners of the crops.

Resettlement and income restoration policies include monetary compensation, development of reserved industrial land, subsidies in kind, skill training for APs, provisions of project-related job opportunities and other measures. APs who lose their farmland will find employment in organized farming work or non-agricultural employment to increase their income after related skill training.

Land acquisition will be started from June 2006 and is scheduled to be completed by December 20071. Civil works will be started after full payment of compensations. In order to achieve the successful implementation of RP, besides the internal monitoring, an independent external agent will conduct external monitoring every six months.

The cost estimate for land acquisition, house demolition and resettlement is RMB289 million (2005 current price), including the basic costs covering compensation for permanent land acquisition and temporary land occupation, related taxes and fees, and a contingency of 10% of basic costs. The budget for RP accounts for 38.6% of the total project budget, for which, the funding sources are from domestic bank loans and financial allocation.

1 In order to minimize the impacts of land acquisition on the local farmers, during the construction period, the land acquisition will be arranged in different phases according to the actual requirement of the project construction. As such, the agreement signing and payment shall be also implemented according to the relevant laws, regulations and the principles of this RP. Detail schedule shall be addressed in the updated RP after detailed design.

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1 Introduction

1.1 Background

This Resettlement Plan is formulated on the basis of the laws, regulations and policies of the People’s Republic of China, Guangxi Zhuang Autonomous Region and Nanning City on land acquisition, demolition and resettlement, as well as on the basis of ADB’s policies on involuntary resettlement and other social assurance guidelines. This RP describes a policy framework that illustrates the mitigation measures for the negative impacts caused by Kelijiang subproject, including the resettlement plan for affected people, rehabilitation plan for the villages and floating population that are seriously affected by the project as well as the implementation timetable for these mitigation measures etc.

The primary target of RP is to ensure that those people who unavoidably lose their land or properties shall restore to the previous or better standards for livelihood and living in the “without project” scenario. All policies, suggestions and compensation measures stated in this RP shall endeavor to achieve this target.

The basis for preparation of this RP include:

(1) Relevant documents: Feasibility Study Report on Kelijiang River Comprehensive Environmental Upgrading Subproject of Nanning City prepared in July 2005 by Beijing General Municipal Engineering Design and Research Institute.

(2) Relevant State’s and local laws and regulations on land administration as well as the compensation policies for land acquisition and demolition.

(3) Data analysis of affected people by the project (Sampling: 300 households).

(4) Field investigation on the project areas according to the proposed planned alignments.

(5) Consultation with concerned governmental departments, villages’ cadres and APs.

(6) Social and economic survey on the affected households conducted in December of 2004.

(7) Interviewing with representatives of all affected villages, discussing and formulating the measures and plans relating to their expected compensation and income restoration.

1.2 Project description

The range of Nanning Kelijiang subproject is: in the north, the dyke foot of Tianbao reservoir; in the south, the west dyke at the north bank of Yongjiang River; in the east, Qingchuan Road; in the west, outer ring expressway to west bank of Shibu River. Details are shown in Figure 1.1.

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Figure 1.1 Project Map

Kelijiang subproject consists of four components, respectively river course treatment,

sewage system, sewage pumping station, and storm water system. The ecological restoration and landscaping2 is a construction component related to this subproject. Since this component is an additional project under the urban planning, it is also described in this report.

(1) River course treatment. Kelijiang River course treatment covers 4.3 km in length, starting from dam foot of

2 According to the relevant remarks in the FSR prepared by Beijing General Municipal Engineering Design and Research Institute, ecological restoration and landscaping shall not be covered by ADB finance.

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Tianbao Reservoir next to the outer ring expressway, and stretching to Yongjiang River. The river course treatment shall be constructed along with flush water project.

River course treatment shall be done according to the standard P=2% for flood control and P=5% for water-logging control. Xiangsihu Lake (an artificial lake) shall be constructed at the lower reaches of the river to store and regulate flood water. The lake shall cover an area of 1.4km2 and shall has a storage capacity of 9.98 million m³.

Watercourse width: the upper reaches section shall be 110~250m wide (east watercourse) and 40~80m wide(west watercourse)and middle and lower reaches shall be 100~390m wide respectively. The river side shall be in the form of duplex trapezoidal section with the lower layer platform approaching average water level to facilitate people to access water. The upper platform is higher than the designed flood level. On both the upper and lower platforms are built with road in 5m width, where wharfs shall be built along the river. In addition, silt arrester and overflow weir shall be established at the east and west river head entrances of at the upper reaches.

(2) The sewers and pumping station. The sewerage system shall be constructed on the basis of separate system according to

the overall arrangement of the sewerage system of Nanning City, as well in combination of the urban development of Xiangsihu New District. The sewerage system shall be constructed along with the planned road. Wastewater in this district shall be collected at most and transferred to Jiangnan WwTP so to eliminate the pollution to the local water body and improve the regional living environment. The diameters of the reinforced concrete sewers are D=400-1500mm, and total length is 47.75km; sewer pressure pipes are of DN800mm, total length 3488m. The total length is 51.24 km.

The sewage of Xiangsihu catchment are will enter Xiangsihu sewage pumping station, through which, the wastewater will be pumped to Wuyi Road sewer pipelines and ultimately transferred to Jiangnan Waste Water Treatment Plant. The treated wastewater will be discharged to Yongjiang River after reaching the standards.

According to the special drainage planning of Nanning city, the capacity of Xiangsihu sewage pumping station is Q=1.20m³/s. It is located nearby the convergence of Ximingjiang river, having the service area of 2438ha. The planned land use area of the pumping station is 0.36ha. It will settle the problem of sewage pumping for the Xiangsihu New District, covering the area of the north and west of Yongjiang river, east of outer ring expressway and the places nearby Shibuhe river.

(3) Storm system. Based on the separate system, the lagged drainage system shall be improved to

settle the problem of water logging. Furthermore, in combination with the river course treatment, repeated construction and breaking of drainage pipelines after completion of such treatment shall be avoided and thus achieve a one-time target of upgrading. The size of storm water pipes shall be D=800~3000X3000, with total length of 47.57km.

(4) Flush water engineering. Due to the uneven rainfall distribution in the river basin, the water volume in flood

season accounts for about 80% of the total volume of the year. In low-water period, due to less rainfall, the flow is also less. According to the balance analysis of the water volume of Kelijiang artificial lake, the water body turn-over frequencies for short-term and long-term period shall be respectively: 9 times /year in high water period, 4 times / year in normal year while less than 1 time /year in low water period. Such cannot satisfy the

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environmental water requirement, and will lead to the eutrophication of the lake. In order to prevent the deterioration of the water quality of the lake, the lake water must be renewed suitably. .

(5) Ecological restoration and environmental landscaping3. Environment restoration and landscaping construction shall be carried out after the

completion of the watercourse treatment. Such will not only comprehensively resume the eco-environment of Kelijiang River, but also demonstrate the basic style and features of Nanning— a garden city. And most importantly, the project will provide pleasant and human-oriented scenery and good eco-environment for the water bank area, thus enables Kelijiang River to become the green corridor of the new district in western part of Nanning city. The total length of the bank landscaping is about 4.3km, and the total width of the both sides of the watercourse is controlled to be 100m (50m on each). In addition, there will be squares and centralized lawns beyond the width of 100m.

This related subproject will be financed by domestic funds. It is planed that the project preparation shall be done in 2006, and construction is to be commenced at the beginning of 2007 while completed in 2010. It is agreed that compensation policies for this subproject resettlement should be in accordance with the policy framework in this RP.

1.3 Objectives of project construction

Construction of drainage system— one of the infrastructures is needed for urgent construction and development of Xiangsihu New District. Kelijiang is located in the central area of Xixiangtang District. However, some structures have been built along both banks of the river and garbage is dumped into the river, thus occupying the river course and blocking the normal water flow. What is more is that the environment is deteriorating. Moreover, Kelijiang River runs through the core area of Xiangsihu New District which is to be developed in large scale. Xiangsihu Lake which locates at its lower reaches is also important water storage and regulating surface for the flooding discharging of Kelijiang basin. The coverage of this subproject, including river course treatment, sewage interception to Jiangnan WwTP via Xiangsihu pumping station, improvement of storm water system, construction of flood control channels and roads as well as ecological restoration etc., will completely improve the environmental situation along the Kelijiang river and the neighboring area. Such shall also help avoid repeated construction or “treatment after pollution”, thus achieve one-time improvement. .

1.4 Impacts of the project

This subproject will totally acquire 507mu, 1230 mu land in river course and temporarily occupy 37mu of rural collectively-owned land, affecting 274 households inclusive of 1113 people (including 51 floating households of 204 persons). In addition, the subproject will demolish 8277m ² of rural houses, affecting 163 households inclusive 551 persons (including 153 floating households of 527 persons). Project construction will affect 4 institutional units, permanently occupy 375mu of state-owned land and demolish 14850m², affecting 141 households of 435 persons. In all, the total population directly affected by the subproject is 578 households of 2102 persons (incl. 204 floating households of 731 persons). In addition, there are totally 4 types of infrastructure facilities and land-attached

3 The ADB finance shall not cover this portion, which, however, is a related project under the urban planning.

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structures affected by the project construction.

1.5 Total project investment and fund sources

The total investment of this subproject is RMB748.76 million, among which, RMB413.50million shall be settled by the urban construction funds of Nanning city; USD41.39 million (equivalent to RMB355.26 million) shall be from ADB’s loans, and the balance shall be settled from domestic commercial banks or state special funds. The total cost for land acquisition and resettlement shall be RMB 289 million, accounting for 38.6%, all of them shall be mobilized from domestic commercial banks and financial appropriation.

1.6 Mitigation measures

In accordance with the ADB policy on involuntary resettlement, the NPMO, the IA as well as the design institute have selected the project site carefully to minimize land acquisition and housing demolition. Meanwhile, all kinds of compensation measures have been prepared for the purpose of minimizing the adverse impact that may result from unavoidable land acquisition and temporary land occupation.

As for land acquisition and demolition, the following mitigation measures shall be adopted.

1) Land acquisition and house demolition impacts have been minimized. The FSR prepared in 2004 indicated that the proposed land acquisition of Kelijiang subproject was 2958mu, including 912mu of fish pond, 1727mu of vegetable land, and 319mu of paddy field, affecting 4 villages and 5 institutional units. The total population affected by land acquisition was 12336 people. The proposed total area of house demolition was 259,650m ² , including 193,858m ² of frame structure, 55,994m ² of brick-concrete structure, 1850m² of brick-wood structure and 1705m² of simple structures. The total population affected by house demolition was 10,365 people. Considering that there would be many villagers and urban citizens who will be affected by land acquisition and house demolition, in order to minimize the adverse impacts, upon the requests of the proposed affected people, the IA has then decided to take necessary measures to change the flood direction and reduce the construction scope and alignment. The construction was then proposed to be done along Kelijiang river. This measure has avoided a large amount land acquisition and house demolition, which would have impacted the Guangxi Agricultural Occupational College, Xixiangtang agricultural products market (Chenxi village), Guangxi Vocational College for Electrical and Mechanical Technologies, Guangxi Academy of Agriculture Science, Guangxi Clay Fertilizer Station and others. The comparison is shown in the following table.

Table 1-2 Comparison of Options for Project Site Selection

Area of Land Acquisition Area of House Demolition Schemes

Areas(mu) APs Areas(m2) APs Original Scheme

2958 12,336 259,650 10,365

Current Scheme

882 1113 23,127 2102

+/- -3091 -11,223 -236,523 -8263

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2) Improvement scheme for “villages within city” will be implemented, which will

develop the reserved industrial land. This will help improve the productive and living conditions of the rural and urban residents and floating population that are affected by land acquisition and house demolition. Detailed rehabilitation measures are shown in Chapter 5. .

3) During construction, local rural labors shall be employed at most to increase their incomes, such as cutting trees, earth transporting, planting flowers and grass, etc.

4) In the aspects of cultivation and breeding, the government shall provide with as much as possible skill training for the rural people to upgrade their productive level, or guide the affected villages to set up large-scale breeding base so that they can have jobs.

5)In addition to the skill training, other kinds of technical training corresponding to the urban employment requirement shall be organized so that the rural people may have more job opportunities.

6) Interim measures for income restoration. Restoration of production and income will take some time. In order to ensure that the APs can increase their incomes within the shortest time, this RP includes many interim measures for such restoration (see Sections 5.3).

7) Xiangsihu New District will be developed into a higher education base, and thus the local teaching and sci-tech research conditions will be improved.

1.7 Project institutions

Project Implementing Agency (IA). Xiangsihu New District Construction & Development Co. Ltd. Mr. Li Bin, the legal

representative and general manager, has rich experiences in project management. Design Institute.

Beijing General Municipal Engineering Design and Research Institute. In July of 2005, the Institute completed the preparation of Feasibility Study Report for Nanning Kelijiang River Comprehensive Environmental Upgrading Subproject. .

Institute conducting social survey. Guangxi Academy of Social Sciences. This Academy is the largest comprehensive

research institute on philosophy and social sciences having a group of professional researchers on sociology, nation science and anthropology. It has rich experiences in participating in the resettlement, social assessment and external monitoring of resettlement projects of Guangxi that are aided by the World Bank and ADB. The social impact survey is mainly conducted by National Economy Research Institute of Guangxi Academy of Social Sciences.

Institutions in preparing RP. The RP was jointly accomplished by Guangxi Academy of Social Sciences and

Nanning Xiangsihu New District Construction and Development Co. Ltd. The actual compilation of RP is organized by National Economy Research Institute of Guangxi Academy of Social Sciences.

Implementing agency for implementation of RP Kelijiang Subproject and the RP shall be implemented by Nanning Xiangsihu New

District Construction and Development Co. Ltd. (XNDCDC).

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1.8 Due Diligence on Resettlement Issues for West Xiangsihu Road Construction Project.

West Xiangsihu Road is on the west bank of Xiangsihu Lake, it is an integral part of Kelijiang River Environmental Upgrading Subproject. Due to the urban road construction, it was separately constructed but constituted an associated component to this subproject, and thus due diligence was required. Road construction was started on April 23, 2005 and scheduled to be completed by December 31 (Details are shown in Appendix VII). According to our investigation on the resettlement issues of this road construction project, we hold the opinions that (i) The APs are basically satisfied with the compensation policies; (ii) The appraisals for lands and houses are reasonable; (iii) The payment of compensation for land acquisition and demolition are fully in place; and (iv) Resettlement results are relatively good. Consequently, no remedial measures are required but the affected persons and businesses will be further evaluated as part of this Project.

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2 Project Impact Analysis

This project covers Xixiangtang District (incl. former Yongxin district) the rural and urban

areas of Gaoxin district, covering 1 town, 2 subdistrict offices and 5 administrative villages and 4 institutional units, as shown in Table 2-1.

Table 2-1 Summary of Project Affected Areas

Administrative areas

Town / Street Villagers’

Committee / Unit Impacts

Shangyao subdistrict office

Chenxi Village Both affected by LA and demolitionXixiangtang District

Shibu sub-district office

Ximing village Affected by LA

Silian village Both affected by LA and demolition

Xinxu village Affected by LA Gaoxin district Xinxu town

Hede village Affected by LA

Guangxi Agricultural Occupational College Both affected by LA and demolition

Guangxi agriculture technical college Both affected by LA and demolition

Guangxi Economic Management Cadre College Affected by LA

Guangxi Farm Machinery School Affected by LA

2.1 Affected land

2.1.1 Acquisition of rural collective land

The project shall make acquisition of the rural collective land, covering 3 towns (street), 5 administrative villages, totally 507 mu. Among them, there are 20mu dry land, 392 vegetable lands, 45mu of other agricultural land4 and 50mu house sites. Details are shown in Table 2-2. There are totally 223 local households (local residents), covering 909 persons. Details are shown in Table 2-3. Chenxi village is more seriously affected. There are 170mu of cultivated land to be acquired, accounting for 33.36% of the total 507mu.

4 Hill and forest land used as spoil area.

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Table 2-2 Acquisition of Rural Collective Land

Type of Land (mu) Towns

Affected Village Dry

land Vegetable

Land Other

farmland House Sites

Sub-Total (mu)

Shangyao street

Chenxi Village

0 170 0 50 220

Silian village 0 90 45 0 135 Xinxu village 0 120 0 0 120 Xinxu town Hede village 0 12 0 0 12

Shibu sub-district office

Ximing village

20 0 0 0 20

Total 20 392 45 50 507 Proportion (%) 3.9% 77.3% 8.9% 9.9% 100.0%

Table 2-3 APs Affected by Acquisition of Rural Collective Land (for Permanent Population)5

LA Impacts Affected villages

Household (nos) Nos. of persons

Chenxi Village 102 408

Silian village 23 95

Xinxu village 65 266

Hede village 15 66

Ximing village 18 74

Total 223 909

2.1.2 Land in River-Courses

The proeject costruction will require 1230 mu6 land in river courses. Traditionally, the local villagers along Kelijiang river have been fishing on these river-course for years without permit, Nevertheless, the river-course lands are really the important income sources of the local villagers. It is observed that their income will be affected because of the project construction, Due to these affected lands having not been registered before, it is difficult to clarify the degree of impact by affected village now. This will be done during detailed measurement survey (DMS).

5 Permanent population refers to local population. This figure is from the survey, which will be somewhat different from the actual APs. 6 It is estimated by Nanning municipal River Courses Management Department and Nanning municipal Land Administrative Bureau.

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2.1.3 Temporary land occupation

Project construction requires temporary occupation of land for construction materials, construction equipment and temporary shelters etc.

Moreover, according to the project design, laying of pipelines for sewage interception and storm-water shall be constructed along with the road construction, which will occupy the state-own land through green-belt excavation and the traffic and non-traffic lanes. The charges incurred by temporary occupation of state-owned land shall be covered by the project cost.

The total area of temporary collective land occupation by the project shall be 37 mu, Including 22 mu of vegetable land and 15 mu of dry land. Details are shown in Table 2-4.

Table 2-4 Summary of Temporary Land Occupation

Temporary land occupation (mu) Town/street Village

Vegetable Land Dry land Total (mu)

Shangyao street

Chenxi Village 2 6 8

Shibu Town Ximing village 3 / 3 Silian village 7 4 11 Xinxu village 10 3 13 Xinxu town Hede village / 2 2

Total 22 15 37

2.2 Demolition of rural houses

The total demolition area of rural houses shall be 8277m2, covering Chengxi village and Silian village. Among which, rural residential houses are 6027m2, collectively-own houses 2250m2. Details are shown in Table 2-5. There are 10 local households of 27 persons affected by demolition, including 4 owners and each owner had about 1500 m2

houses affected. Details are shown in Table 2-6.

Table 2-5 Summary of Demolition of Rural Houses

House demolition area(m2) Affected Village

Category Brick-concrete Structure

Brick –wood

Structure

Simple Structure

Total

Collective operational houses

560 240 0 800 Chenxi Village

Residential houses 5067 5067 Sub-total 560 240 5067 5867

Collective operational houses

0 1450 1450 Silian village

Residential houses 0 0 960 960 Sub-total 0 1450 960 2410

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House demolition area(m2) Affected Village

Category Brick-concrete Structure

Brick –wood

Structure

Simple Structure

Total

Total 560 1690 6027 8277 Proportion (%) 6.77% 20.42% 72.81% 100.0%

Table 2-6 Summary of APs of House Demolition

Demolition Impacts Affected villages Household (nos) Nos. of persons

Chenxi Village 9 23 Silian village 1 4 Total 10 27

2.3 Affected institutional units

The total affected institutional units shall be 4, permanent occupation of state-owned land is 375mu and house demolition area is 14850 m2, affecting 141 staff households and 435 persons.

2.3.1 Permanent occupation of state-owned land of institutional units

Permanent occupation of state-owned land of institutional units is 375mu, including paddy field 62mu, dry land 7mu, vegetable land 73mu, fish pond 101mu, garden 132 mu. Details are shown in Table 2-7.

Table 2-7 Permanent Occupation of State-owned Land of Institutional Units by the Project

Permanent occupation of land (mu) Name of Units Paddy

Field Dry land

Vegetable Land

Fish Pond

Orchard land

Total

Guangxi Agricultural Occupational Institute

62 / 73 48 121 304

Guangxi Academy of Agriculture Science

/ / / 53 / 53

Guangxi Economic Management Cadre College

/ 7 / / / 7

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Permanent occupation of land (mu) Name of Units Paddy

Field Dry land

Vegetable Land

Fish Pond

Orchard land

Total

Guangxi Vocational College for Electrical and Mechanical Technologies

/ / / / 11 11

Total 62 7 73 101 132 375

2.3.2 House demolition of institutional units

The project covers house demolition of two institutional units including Guangxi Agricultural Occupational Institute and Guangxi Agricultural Science Institute, with demolition area of 14850m2, including 4650m2 of Guangxi Agricultural Occupational Institute and 10200m2 of Guangxi Agricultural Science Institute Demolition houses of institutional units include three types: office buildings, workers' residential and storage houses. Details are shown in Table 2-8. There are 141 affected households covering 435 persons. Details refer to table 2-9.

Table 2-9 Summary of house demolition impacts on institutional units

Demolished Area (m²) Name of Units

Category Frame Structure

Brick-concrete Structure

Brick –wood

Structure

Simple Structure

Total(m2)

Staff residential house

520 1890 / / 2410

Office buildings

220 400 168 / 788

Storage house

360 350 162 580 1452

Guangxi Agricultural Occupational Institute

Sub-total 1100 2640 330 580 4650 Staff residential house

9800 400 / / 10200 Guangxi Academy of Agriculture Science Sub-total 9800 400 / / 10200 Total 10900 3040 330 580 14850 Proportion (%) 73.4% 20.5% 2.2% 3.9% 100.0%

Table 2-10 Summary of affected staff of institutional units

Affected institution Nos. of households APs (nos) Guangxi Agricultural Occupational Institute

9 36

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Guangxi Academy of Agriculture Science

132 399

Total 141 435

2.4 Floating Population.

The project area and the neighboring places belong to the joint part between the urban area and the outskirt. There are 8 agricultural products markets where trading is active. The tertiary industry is developed and thus attracts a large number of floating population to earn living here. The lands along Kelijiang river are fertile and plain where plantation and breeding are developed, serving as the bases for production of vegetables and meat for Nanning city. The floating population has their own house properties in their originally registered places and earns their livings through contracting the collective land. Earning more money is the major reason for their out-going work.

According to the sample survey, the floating populations are mainly engaging in plantation, commerce, service and transportation etc. Due to the lack of the necessary conditions for production and operation (such as funds and equipments), about 85% of the floating population are laborers mainly depending on providing with labor services. The annual average per-capita income is about RMB3000. The living conditions of the floating population are closely related to their occupations, being normally at about 10m2 per capita. Generally, the people engaged in the secondary and the tertiary industries would rent houses of good conditions (frame structure or brick-concrete structure) from the nearby villages, while those engaged in the primary industry would normally live in the simple houses.

Field investigation shows that the floating population affected by land acquisition and demolition are relatively concentrated on both southern banks of Kelijiang river, say in the triangle belt of Xiangsihu Bridge, engaging in the primary and tertiary industries. There are 204 floating households inclusive of 731 persons being affected by the subproject, including 51 houses inclusive of 204 persons affected by land acquisition and 153 households inclusive of 527 persons affected by house demolition. In terms of employment for the floating population, 204 persons are in primary industry, mainly engaging in breeding and planting; 527 persons in tertiary industry, mainly engaging in transport (manual tricycle), restaurant, hair-dressing, internet surfing bar and home industry etc. Details are shown in Table 2-11.

Table 2-11 Classification of Affected Floating Population of the Project

LA Impacts Demolition Impacts Total Village / Institution Households

(nos) Persons

(nos.) Households

(nos) Persons

(nos.) Households

(nos) Persons

(nos.) Chenxi Village

13 60 121 426 134 486

Silian village 13 48 11 42 24 90 Guangxi Agricultural Occupational Institute

19 72 18 51 37 123

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Guangxi Academy of Agricultural Science

2 7 3 8 5 15

Guangxi Economic Management Cadre College

4 17 0 0 4 17

Total 51 204 153 527 204 731

The floating population affected by land acquisition is mostly concentrated in Chenxi village, Silian village and Guangxi Agricultural Occupational Institute, and is mainly engaging in vegetable and fish growing. Some of them are employed by Guangxi Agricultural Occupational Institute to guard fields. The people living in Chenxi village and Silian villager are doing business in the agricultural market nearby Xiangsihu lake, while those floating population in the Institute are mostly engaging in service work in Bagui Tianyuan Restaurant.

2.5 Vulnerable groups

According to the initial survey, there are 4 types of vulnerable groups in the affected villages, totally 56 persons, accounting for 2.75% of the total APs. Among them, there are 23 poverty-stricken persons7,5 households of 16 persons headed by women, 11 persons of solitary elderly and 6 disabled persons. Details are shown in Table 2-12.

Vulnerable groups have three income sources: (i) Regular living subsidies by civil administration department. These living subsidies target to support the “five-guarantee households”, the solitary aged people, the disabled and the special poverty population. Such subsidies are normally paid by the civil administration department at the standard of RMB210/month each person. Such amount is enough to safeguard a basic living standard according to the current price level of Nanning city. (ii) Support from the collective organization. In addition to the subsidies given by the civil administration department, normally, in the traditional festivals, the village committee and the villagers’ group will give these vulnerable groups some grains and cash subsidies. For example in Chenxi village, the “five-guarantee household” can get RMB60 each month. (iii) Support from relatives and friends. According to the local folk-custom of the project area, the relatives and friends of these “five-guarantee household”, the solitary aged people, the disabled and the women-headed household will often take care of them by giving cash or daily articles. Sometimes, they will help these vulnerable groups to raise pigs, chickens or grow vegetables. All these will ensure their living standards not to be lower than the local living standards.

Table 2-12 Summary of Affects on Vulnerable Groups

7 Poverty households refer to those with annual average per-capita net income of less than RMB650.

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Poverty households Household headed by

women Village Household Persons Household Persons

Solitary Elderly (nos)

Disabled (nos)

Chenxi 0 0 1 3 4 3 Silian 0 0 0 0 3 1 Xinxu 2 8 2 8 2 2 Hede 3 12 1 2 1 / Siming 1 3 1 3 1 / Total 6 23 5 16 11 6

2.6 Ethnic Minorities

Most of the APs belong to Han ethnic group who speak Ping Dialect. The number of ethnic minorities is less, only 82 persons in the initial identification, of which, 70 belong to Zhuang and 12 to other minorities8.

The survey shows that the project area is a place concentrated by Han nationality; Zhuang and other minorities migrated to this place due to marriage and become the members of Han group. After years of urban community life, they have merged into the family of Han nationality, and accordingly, their living and cultural habits are similar to the Han living in Nanning9. In line with production, daily life and social status, these minorities enjoy the same treatment as the Han group does.

2.7 Affected population

In all, there are totally 578 households affected by the project, covering 2102 people. Details are shown in Table 2-13.

Table 2-13 Total Population Affected by the Project

SL. Project Impacts No. of Affected Households.

Affected Population

1 Affected rural households

233 936

1.1 Land acquisition 223 909 1.2 House demolition 10 27

2 Demolition of institutional units

141 435

3 Affected floating population

204 731

3.1 Renting land 51 204 3.2 Renting house 153 527 4 Total 578 2102

8 These APs are estimated according to the proportion of ethnic population in the affected area (7.73% for Zhuang ethnic group; 1.37% for other ethnic groups). 9 Many Han have lived in Nanning for generations and there was frequent intermarriage with the Zhuang.

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2.8 Infrastructure facilities and land-attached structures

There are four types of infrastructure facilities and land-attached structures affected by the project construction, which are small ponds, weirs, fruit trees, woods, etc. Details are shown in Table 2-14.

Table 2-14 Summary of Infrastructure Facilities and Land-Attached Structures

Types Units Qty. Kelijiang River weirs no. 2 Ponds (concrete) no. 8 Fruit trees pcs 1500 Other trees pcs 1000

2.9 Assessment and conclusion

1. This subproject will acquire some land, demolish some houses and displace some population, and thus will surely bring some negative impacts on the local rural and urban production and living.

2. The objective is to minimize or mitigate the impacts caused by land acquisition and house demolition through effective resettlement measures. After displacement, majority rural population and urban residents will enjoy better working and living environment through implementing the improvement measures for the “villages within the city”

3. The implementation of this subproject will bring about remarkable social and environmental benefits as well as some economic benefits. Comparatively, land acquisition and house demolition will cause less adverse impacts. Therefore, the project is feasible.

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3 Profile of Social Economy of the Project Areas

3.1 Project areas

Nanning Kelijiang subproject is located in the urban area of Nanning city of Guangxi Zhuang Autonomous Region.

Nanning city is located in the mid-south of Guangxi Zhuang Autonomous Region. It is the capital city of Guangxi, administering six counties, respectively of Wuming county, Hengxian county, Binyang county, Shanglin County, Mashan County and Long’an county, six urban districts, including Xingning district, Qingxiu district, Xixiangtang district, Jiangnan district, Liangqing district and Yongning district, as well as economic and technical development zones. The total area of Nanning city, including six districts and six counties, is 22293km2, with total population of 6.48 million. Among them, the total area of the six urban districts is 6559km2, mainly being resided by totally 35 ethnic groups, including Han, Zhuang, Miao, Yao, Dong, Molao and Maonan etc. In 2004, the total population was 2.48 million, of which, the Zhuang ethnic group accounted for 58.06% of the total population of the city.

3.1.1 The historical evolution of Nanning city

Ever since the Eastern Jin Dynasty (318 A.D.), Nanning began to establish the prefecture administrative system enjoying a history of over 1600 years. From the 8th year of Zhenguan’s reign of the Tang Dynasty (634 A. D.), Nanning was called Yongzhou since then, the capitals of prefecture and county were set in Yongzhou. In the 1st year of Taiding’s reign of Yuan Dynasty (1324 A.D.), Yongzhou road was renamed as Nanning road, and accordingly, Nanning gained its name and was abbreviated as Yong. In Ming Dynasty and Qing Dynasty, Nanning prefecture and Xuanhua County were set in this place. In the 2nd year of the Republic of China, Nanning prefecture was cancelled and changed to Nanning County. At the same time, Xuanhua County was abolished, and renamed as Yongning County in the following year. Nanning was the capital of Guangxi province during the period between 1911 and 1936. On December 4 of 1949, Nanning was liberated. Since then, Nanning was built as the municipality directly controlled by a provincial government;, being called as Nanning city (Yongning county was moved to Pumiao town). In 1950, it was restored as the provincial capital of Guangxi. Nanning has been the capital city of Guangxi even since the founding of Guangxi Zhuang Autonomous Region on March 5 of 1958.

3.1.2 Economic characteristics of Nanning City

1. Agriculture. Major cereal crops are rice and corns; economic crops are sugar cane, subtropical fruits (mostly of longan, litchee, water melon and banana etc.), live pig and poultry breeding etc.

2. Industry. Mainly of foodstuff, light industry, textile, machinery, chemical industry, pharmacy, metallurgy, construction materials, coal and electric power etc., showing complete set of categories. The industrial system has form certain scope and Nanning

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has become a new industrial city in southern China. 3. Commerce. Nanning is the biggest commercial center for materials dispatching

and the biggest commercial city in Guangxi. In the whole city, there are over 300 commercial institutions covering over 2000 operational stations. The total annual procurement of commodities is RMB17.712 billion and the total annual commodity marketing volume is RMB37.772 billion. There are totally 3347 restaurants, 360 hotels and 692 financial service institutions in the city, being as the financial center of Guangxi.

4. Transportation. There are 161 transport routes in the city, covering a total distance of 1462.11km. The five passenger-transport stations are available with 406 passenger-transport lines, including 89 trans-province lines, to connect major places. There are 59 public bus lines in the urban area. Railways include Nanning-Kunming railway, Xiang-Gui railway, Qian-Gui railway, Litang-Zhanjiang railway and Nanning-Fangchenggang railway, forming a railway network connecting with cities of China and Vietnam. Inland waterways lead to Baise and Longzhou to the upstream and Guangdong, Hong Kong and Macao to the downstream. Currently, 18 domestic, 1 district and 2 international airlines are available. There are over 20 direct flights to the major cities, such as Beijing, Hong Kong, Hanoi, Kuala Lumpur and Bangkok.

5. Tele-communication. Nanning has the internationally advanced tele-communication equipment covering all places of China and 195 countries and districts. In 2003, there were totally 0.9485 million fixed telephone users in the city, 1.4765 million mobile telephone users. The covering rate of telephones (including mobile telephones) was 41.74%, standing in the first place in Guangxi. There were totally 346.9 thousand Internet registered users. In 2003, the gross production value of Nanning was RMB50.253 million, of which, the value for the city-administered level was RMB30.363 million. Among the gross production value of Nanning, the primary industry was RMB9.565 billion, of which, the value for the city-administered level was RMB1.191 billion; the secondary industry was RMB14.846 billion, of which, the value for the city-administered level was9.094 billion; the tertiary industry was RMB25.842 billion, of which, the value for the city-administered level was20.079 billion. The gross production value of Nanning was RMB7874 per capita, of which, the value per capita for the city-administered level was RMB21221. The annual gross financial revenue was RMB6.106 billion, including RMB4.538 billion for city-administered level; the total saving deposits of rural and urban population were RMB45.15 billion, including RMB33.747 billion for city-administered level; the total volume of retail sales of the social consumption was RMB25.498 billion, including RMB15.817 billion for city-administered level; the urban per-capita average disposable income was RMB9162, RMB662 higher than the nationwide average figure of RMB8500; the rural per-capita average net income was RMB2231 (RMB2913 for city-administered level), RMB32 lower than the nationwide average figure of RMB2622.

3.2 Profile of affected areas

Nanning Kelijiang Subproject is located in two administrative districts respectively of Yongxin district and Gaoxin district (Yongxin district is abolished now, and it is a part of Xixiangtang district).

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3.2.1 Yongxin District

Yongxin district is located in the mid-west part of the capital Nanning city of Guangxi. The total administrative area of this district is 752km2, including 13200ha. of forest land. The forest covering rate is 26.3%. The commercial business of this district is fully developed, and it is the logistic center of Nanning city for decoration materials, small articles and medicines. It is provided with rich tourist resources, including Yangmei ancient town, Huang’s ancestor house, Xialeng folklore cultural village, Zhixin ecological civilized village and Sanjiangkou etc., showing good endowment of historical and natural merits.

In 2003, Yongxin district administered 3 towns, 1 township and 3 sub-district offices, totally 45 village committees and 21 community sub-district committees. The permanent population by the end of the year was 290 thousand. The GDP of 2003 of the district was RMb1.267 billion, including RMB414 million of added value for the primary industry, RMB355 million added value for the secondary industry and RMB498 million of added value for the tertiary industry. The investment in fixed assets of the whole society was RMB196 million; the total volume of retail sales of the social consumption was RMB20.881 billion; the actual foreign investment was USD4.30 million; gross financial revenue was RMB200 million, including local financial revenue of RMB124 million; the towners’ average disposable income was RMB8459 and the rural people average net income was RMB2662.

3.2.2 Nanning New & High-Tech Industrial Development Zone (Gaoxin District)

Nanning New & High-tech Industrial Development Zone was founded in 1988, and it was approved as the national level new & high-tech industrial development zone by the State Council in 1992. The planned area of the High-tech Zone is 4350ha., mainly comprising of the central area, agricultural biological engineering demonstrative area, Xiangsihu villa area, bonded warehouse area and sci-tech industrial park. In addition, the Zone has also established sci-tech street and Zhuangning industrial park. The Administrative Committee of the High-tech Zone is an institution assigned by the municipal government exercising the municipal class-I administrative functions for economy and social management. In 2003, the total industrial and trading revenue of the Gaoxin District was RMB14.84 billion; accomplished industrial added value was RMB3.3 billion; total export volume was USD29.40 million; realized profit-tax by scale industrial enterprises in the High-tech Zone were RMB2.02 billion; realized profits by scale industrial enterprises were RMB179 million; the total financial revenue was RMB225 million. Ever since the establishment, Gaoxin District attached great importance to the development of new and high-tech industries by emphasizing industrial renovation. Such has promoted the traditional industries and greatly hastened the development local economy. According to the published ranking statistics by the Torch Center of the Ministry of Science and Technology for the year of 2003 among the 53 national-level new and high-tech zones of China in the aspects of innovation capacity, economic development and investment environment etc., the comprehensive weighted rankings for the High-Tech

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Zone respectively for technical innovation capacity and economic development were greatly increased, respectively from the 28th and 41st positions of 2002 to the 11th and 30th positions. The ranking for technical innovation was in the middle, while the increasing rate was in the first place in China.

3.3 Social and economic profile of affected towns

The project areas cover Shangyao subdistrict office and Shibu town of Yongxin District and Xinxu town of Gaoxin District.

3.3.1 Shangyao subdistrict office

Shangyao subdistrict office is located in the west of the central area of Nanning city. In 2003, the office administered three villagers’ committees of Shangyao, Chengdong and Chengxi villages, and 2 community residents’ committees of Luban and Weizilu. The administrative area is 4.1km2. The district is inhabited by multiple ethnic groups who speak various dialects - Cantonese, Mandarin, Nanning’s Ping dialect (also called Zheyuan dialect), etc.

The permanent population by end of 2004 was 17000 people. Within the district, there are over 40 industrial enterprises; among them, Nanning Frozen Meat Factory and Nanning Canning Factory are the national-level grade-II enterprises. It also has Shangyao No.1 and No.2 agricultural products markets, Luban agricultural products market, Weizilu market, Chengdong market and Xixiangtang market. In this district, there are 1168mu of vegetable land that grows vegetable and other economic crops. The annual grain production was 5.84 million kilograms, and the rural people’s average net income was RMB2633.

3.3.2 Shibu sub-district office

Shibu sub-district office is located in the west outskirt of Nanning city, being 15km from the downtown. The administrative area is 45km², and it is an important production base for the key project of “shopping basket program” of the municipal government and for the “transferring vegetables of the south to the north”.

In 2003, the town governed 9 villagers’ committees, including Shibu, Shixi, Shangling, Lezhou, He’an, Yong’an, Zhongliang, Xialing and Ximing, 6 of them are located nearby Yongjiang river. The total population by end of the year was 19000. Currently, it has a total area of 1056.2ha. of cultivated land. In the north of the town is located with Jinshahu reservoir that has the storage capacity of 3.70 million m³. The total area of vegetable growing throughout the year was 2429.13ha., with total output of 34062T; grain growing area was 490.67ha., with total output 2261T; fruit plantation area 59.5ha., with total output of 364.2T; total meat output was 3528T. The GDP was RMB102.14 million, while the financial revenue was RMB4.2543 million.

3.3.3 Xinxu town

Xinxu town is located in the northwest part of Nanning city having jurisdiction of 19 square kilometers. It neighbors with Anji town in the east, Xixiangtang subdistrict office in the south, Shibu town in the west and Gaofeng forestry farm in the north. The town is about 8km from the downtown. There are totally 8 villagers’ committees and 124 villagers’

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groups. By the end of 2004, the total population of the town was 21820 people, of which, the

agricultural population was 20276 people. The total farmland area was 801.40ha., including 659.53 paddy fields. It is abound in production of rice, vegetables, fishes, live pig, chicken, duck and eggs etc. Throughout the year, the total area of growing paddy rice was 364.67ha., yielding 2208t; corn growing 320.33ha., yielding 1673t; vegetable growing 2515.07ha., yielding 45784t. The annual total output of meat pig is 24047 nos., 47000 nos. of chickens and 629000 nos. of ducks etc. The total area for aquatic cultivation was 127.87ha., yielding 870t. The accomplished GDP was RMB72.41 million, including RMB28.75 million for the primary industry, RMB31.05 million for secondary industry and RMB12.61 million for the tertiary industry. The rural people’s average per-capita net income was RMB2473.

3.4 Social and economic profile of affected villages

3.4.1 Objects and methods of survey

The affected villages are mainly Chenxi village, Silian village, Xinxu village and Hede village. In order to have better understanding of the basic conditions of the affected villages, Guangxi Academy of Social Sciences conducted surveys from the mid of December 2004 to October 2005 for the four administrative villages and Keli village, Gantang village, Baigao’an village, Malupo village and Jiudongpo village. The survey adopted the methods of discussion and site investigation. There have been totally 17 investigations or meetings. The participants were villagers, village cadres, enterprise managerial staff, workers and government officials. Details are:

(1) Discussion meeting with village cadres and villagers in Chenxi village: 2 times; (2) Discussion meeting with village cadres and villagers in Silian village: 2 times; (3) Discussion with villagers’ group leaders and villagers’ representatives of Keli group

of Silian village: 1 time; . (4) Two discussion meetings with villagers’ representatives of Xinxu village and

Gantang village: 3 times; (5) Discussion meeting with cadres and villagers’ representatives of Hede Village: 3

times; (6) Interviewing with Yongxing school (private school): 2 times; (7) Interview with government officials and working staff in Xinxu Town: 2 times; (8) Interview with officials and working staff in Shangyao sub-district office.: 1 time; (9) Interviewing with officials of Pingpu branch of Gaofeng forest farm: 1 time; (10) Discussion meeting with cadres and villagers’ representatives of Ximing village: 1

time.

3.4.2 Social and economic situation of affected villages

1. Chenxi village

Chengdong village is located in the south of the west section of Daxue road in the west outskirt of Nanning city, it connects with Yongjiang river in the south, with Xixiangtang avenue in the north, having advantageous geographical location and

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convenient waterway and highway transportation. The village previously had 7 villagers’ groups and merged into 2 villagers’ groups in

1992. However, in the economic calculation, the villagers’ committee still undertakes general management and distributes benefits to all groups.

By end of 2004, this village had 356 households inclusive of 1190 people, among them, 138 persons above 60 years old, accounting for 10.7% of the total population in this village. The total land area is 505mu. The major economic incomes of the village collective are from the operation of the agricultural products market (Xixiangtang market), leasing house, farmland and fish pond etc. The total fixed assets of the whole village is RMB5 million. In normal years, the total annual net income is RMB3-4 million, averagely per capita RMB2810.

Figure 3.1 Houses to be Demolished of Chenxi Village on Both East and West Banks of Kelijiang River

2. Silian village

Silian village is located in the west of Xinxu town of Gaoxin district on the west bank of Kelijiang river. It connects in the east with Guangxi Agricultural Technical College across Kelijiang, neighbors with Luowen farm in the west, adjoins with Guangxi University for Minority Nationalities in the south and links with Pingpu branch of Gaofeng forest farm in the north.

By end of 2004, there were totally 860 households in the village, covering a total population of 3475 people, of which, 3198 belong to Han speaking Ping dialect; 208 belong to Zhuang. There were 69 persons belonging to other minority ethnic groups. There are totally 2040 labor force, including 1524 engaging in agriculture and 253 going out.

At present, the village has a total area of 3288mu of cultivated land, averagely per capita 0.94mu. In 2004, the average per-capita net income was RMB2430, mainly from vegetable growing, breeding fish and prawn and doing business. The income sources for the collective organization were from leasing out ponds and land.

East bank West bank

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Figure 3.2 Cultivated Land to be Acquired and Vegetables

3. Xinxu village

Xinxu village is located in the west outskirt of Nanning city, neighbors with Pingpu branch of Gaofeng forest farm in the north, connects with Hede village in the south, adjoins with Keli village across Kelijiang river in the west and links with High-tech development zone in the east. There were totally 785 households in the village, covering a total population of 3113 people, of which, 2713 belong to Han, 350 belong to Zhuang 50 to other minority ethnic groups.

There are 1774 labor force in the village, 1100 engaging in agriculture, 60 in fishery, 40 in building construction, 50 in transportation, 80 in wholesale and retail, 10 in hotel and restaurant services, 603 in other service trades, 10 in education and 1 in sanitary department. In the village, there are totally 400 persons go out for work, of which, 50 persons go to other provinces and 350 persons to other cities and counties of Guangxi.

The topography of Xinxu village is plain and the cultivated land can be irrigated with the water from Tianbao reservoir, showing good irrigating conditions. At present, the village has 1410mu of cultivated land, averagely per-capita 0.45mu. In 2004, the average per-capita net income for the rural people in the village was RMB2418.

Figure 3.3 Houses Proposed to be Demolished.

4. Hede village

Hede village is located nearby the government office of Xinxu town in Nanning New & High-tech Industrial Development Zone. It connects with government office in the east,

Brick-wood Str.

Simple Str.

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Kelijiang river and Tianbao reservoir in the west, ring expressway of Nanning city in the north, Gantang village in the south. The villagers’ committee is set in Xinxu street. Hede village has 21 villagers’ groups and 868 households, covering 3848 persons, of which, 3693 persons belong to Han ethnic group and 155 persons belong to Zhuang ethnic group. There are 2785 labor force, including 1835 persons engaging in agriculture, 232 persons in wholesaling and retailing, 110 in animal husbandry, 80 persons in hotel and restaurant services and the rest in other trades. In addition, there are 30 persons who have gone out working.

Hede village is topographically plain. There are totally 1120mu cultivated lands, averagely per capita 0.29mu. It is a village that has more population but less land. Main economic crops are vegetables. In 2004, the average per-capita net income for the villagers was RMB2832. The total floating population of the village is 583, including 85 coming from other provinces and 498 from other places of Guangxi. Most of the floating population lives in the rental houses mainly engaging in the primary and the tertiary industries.

5. Ximing village

Ximing village is located in the west of Nanning city about 12km from the downtown. The linear distance to Kelijiang is 3km. This village neighbors with Guangxi Shipping School in the east, connects with Shibu village in the west, extends from Daxue road in the north and faces to Yongjiang river in the south. The villagers’ committee is set at Laocunpo northern to the dyke of Yongjiang river. Ximingjiang river runs through the village to Yongjiang river.

At present, Ximing village has two natural villages of Xixiangtangpo and Laocunpo and 6 villagers’ groups, covering 450 households inclusive of 1538 persons, 99% of them belong to Han who speak Ping dialect. There are currently 528 labors who engage in agriculture and tertiary industry.

By 2004, Ximing village had a total cultivated land of 416mu, with average per-capita cultivated land of 0.27mu. It is a village with more population but less cultivated land. The whole village mainly lives on vegetable growing. In 2004, the average per-capita net income for rural farmers was RMB2007, 70% of which were from vegetable growing.

Most of the houses in the village belong to brick concrete structures that are built along road or Yongjiang river. It is topographically plain built with high-density houses, forming a typical “village within the city”

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Figure 3.4 Aquatic Cultivation and Ducks Breeding in Kelijiang River

3.5 Social and economic survey on the affected households

3.5.1 Sample distribution of households for social impacts survey

In order to be well-informed about the situation of land acquisition and house demolition of the affected villages, on December 18, 2004, the unit undertaking the social impact survey started to conduct random sampling survey of the displaced people of the affected areas. There were totally 300 households covered in this survey, as shown in Table 3-1.

Table 3-1 Sample Distribution of Households for Social Survey

Villages (Location) Nos of Sample Survey (households)

Chenxi village (incl. lessee) 112

Silian village 85

Xinxu village 74

Hede village 29

Total 300

3.5.2 Profile of affected households

(1) Family population and ethnic group The total numbers under sample survey were 300 households, covering a total population of

1439. On average, each household has 4.8 persons. People of Han account for 90.6%, while those of ethnic minorities for 9.3%. Numbers of female account for 54.3%, while those of male for 45.7%. Details are shown in Table 3-2.

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Table 3-2 Demographic Characteristics of Affected Households

Indicators Total Chenxi

Village

Silian

village

Xinxu

village

Hede

village

Lessee in

Chenxi

village

Nos of sampled

households

300 93 85 74 29 19

Gender of family head

Male (nos) 228 63 76 56 22 11

Female (nos) 70 28 9 18 7 8

Family heads classified by ethnic groups

Han 272 73 81 73 29 16

Ethnic Minorities 28 18 4 2 1 3

Household

population (nos)

1439 405 430 383 160 61

M 657 186 197 162 85 27

F 782 219 233 221 75 34

(2) Age structure and education background

According to the statistics of the survey, the population between 15-60 years counted more while that of over 60 years old counted the least. In terms of educational background, the proportion of the APs with middle school education was the highest, being 39.9%; such was followed by the proportion of the APs with education background of primary school, reaching 27%; the proportion of high school education reaching 17.9%. The proportion of illiterates was 11.4%. Those with college or above education were only 4.1%. Details are shown in table 3-3. .

Table 3-3 Age Structure and Educational Background of APs

Indicators Total Chenxi Village

Silian village

Xinxu village

Hede village

Lessee in Chenxi village

Household population (nos) 1439 405 430 383 160 61 0-6 135 43 35 39 12 6 6-15 246 87 63 62 29 5

15-60 948 258 299 244 104 43 Education for 6 or above APs (nos) Illiterates and Semi-illiterates 163 24 46 64 27 2 Primary School 389 123 105 107 45 9

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Indicators Total Chenxi Village

Silian village

Xinxu village

Hede village

Lessee in Chenxi village

Secondary School 571 136 192 150 66 27 High school & occupational school

257 96 77 52 19 13

College or above 59 26 10 10 3 10 Proportion (%) Illiterates and Semi-illiterates 11.33 5.93 10.70 16.71 16.87 3.28 Primary School 27.03 30.37 24.42 27.94 28.13 14.75 Secondary School 39.68 33.58 44.65 39.16 41.25 44.26 High school & occupational school

17.86 23.70 17.91 13.58 11.88 21.31

College or above 4.10 6.42 2.33 2.61 1.87 16.39

(3) Marriage status of affected households

Investigation showed that the households with spouses accounted for about 50%, and the unmarried population accounted for 43.8%. However, such situation differed from villages to villages. The divorce rate is very low which would have close relations to the family harmony and economic independency of women. Details are shown in Table 3-4.

Table 3-4 Marriage Status of APs

Indicators Total Chenxi Village

Silian village

Xinxu village

Hede village

Lessee in Chenxi village

Household population (nos)

1439 405 430 383 160 61

Unmarried 630 170 199 170 67 24 With spouse 743 214 213 197 86 33 Divorced 9 8 1 0 0 0 Widowed 57 13 17 16 7 4

(4) Employment

Most of the employed household members are engaging in agriculture, accounting for 52.5%, respectively followed by 18.3% for wholesale and retail, 7.2% for restaurant and hotel service. The proportions for those in other trades are relatively less. Details are shown in Table 3-5.

Table 3-5 Employment Classification of APs

Indicators Total Chenxi Village

Silian village

Xinxu village

Hede village

Lessee in Chenxi village

In-work population (persons)

837 239 258 215 87 38

Incl. Agriculture, 439 47 151 170 67 4

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Indicators Total Chenxi Village

Silian village

Xinxu village

Hede village

Lessee in Chenxi village

forestry, animal husbandry and fishery Mining and manufacturing

8 2 1 3 0 2

Power, gas and water supply

26 0 0 6 0 0

Building 15 4 4 2 4 1 Communication & Transportation

11 1 4 3 3 0

Warehousing & postal service

7 5 1 0 0 1

Wholesale & retail 153 104 30 10 2 7 Restaurant & hotel service

60 28 14 3 2 13

Culture, sanitation, education & sports

18 13 1 1 1 2

Others 120 35 52 17 8 8 Population without employment

602 166 172 168 73 23

In-school students 432 137 118 113 49 15 Job-waiting people 37 4 13 13 6 1 The elderly 129 23 41 40 18 7 People without labor ability

4 2 0 2 0 0

(5) Situation of household income and expenditure

In terms of income, the average per-capita income of Chenxi village was RMB12706.86, that of Silian village was RMB5531.25, that of Xinxu village was RMB6048.80 and Hede village RMB5004.68. Most of these families depend on operational incomes. Details are shown in Table 3-6. The reasons for the high income of Chenxi village were that the villagers conducted business or leased out stores and shops in the project areas.

Table 3-6 Summary of Annual Income of Rural People of Project Areas in 2004

Av. Per-capita Income (RMB)

Village

Av. Per-capita Income (RMB)

Household Operation

Salary Income

Property Income

Transfer Income

Chenxi Village

12706.86 10677.20 986.70 881.48 161.48

Silian village

5531.25 4064.71 1199.91 260.70 5.93

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Av. Per-capita Income (RMB)

Village

Av. Per-capita Income (RMB)

Household Operation

Salary Income

Property Income

Transfer Income

Xinxu village

6048.80 3914.10 1291.54 781.46 61.70

Hede village

5004.68 3029.79 1166.88 486.13 321.88

Lessee in Chenxi village

11537.83 10985.38 — 139.34 413.11

In terms of the structure of expenditures for the households in these villages, the expenditures are mostly on operational expenses and domestic expenses. In addition, some fixed productive expenses, tax payment and funds reserve also the components of the expenditure. Details are shown Table 3-7.

Table 3-7 Summary of Average Per-capital Household expenses for APs in 2004

Average Per-capita Expenditure (RMB)

Village

Average Per-capita Expenditure (RMB)

Family Operational Expenses

Fixed Production Expenses

Tax Payment

Collective Withdrawn & Retained Amount

Living Expenses

Chenxi Village

12120.22 6790.10 1497.70 828.05 346.02 2658.34

Silian village

5040.44 2258.60 495.88 111.60 152.17 2022.19

Xinxu village

5561.53 2530.80 501.21 116.94 289.75 2122.83

Hede village

4404.55 1986.70 460.54 80.31 170.63 1877.00

Lessee in Chenxi village

10988.08 3860.98 3655.74 455.82 - 3015.54

In terms of average per-capita net income, the highest was RMB3565 of lessee in

Chenxi village, followed by RMB3245 of Chenxi village and about RMB2500 respectively for Silian village, Xinxu village and Hede village. Details are shown in Table 3-8.

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Table 3-8 Summary of Average Per Capita Net Income for Affected Rural Households in 2004

Classification of Incomes

Below RMB650

650-1000 1001-1500 1501-2000 2001-3000 3001 plus Sub-total

Village

Per-capita Net

Income (RMB) Nos. % Nos. % Nos. % Nos. % Nos. % Nos. % Nos.

Chenxi Village

3245 0 0 1 1.1 3 3.2 24 25.8 36 38.7 29 31.2 93

Silian village

2513 3 3.5 1 1.2 4 4.7 28 32.9 34 40.0 15 17.4 85

Xinxu village

2610 2 2.7 2 2.7 8 10.8 21 28.4 30 40.5 11 14.9 74

Hede village

2477 1 3.4 0 0 2 6.9 7 2.4 15 51.7 4 13.8 29

Lessee in Chenxi village

3565 2 10.5 1 5.3 0 0 2 10.5 5 26.3 9 47.4 19

Total 2827.0 8 2.7 5 1.7 17 5.7 82 27.3 120 40.0 68 22.6 300

(6) Residential conditions of APs

Sampling survey showed that the overall residential condition of the affected households in the project area was average. Generally, the average per-capita living area was 32.44m ² but different from villages to villages due to the uneven economic development. Most of the residential houses belong to frame structure, followed by brick concrete structure, brick-wood structure and simple structure. Details are shown in Table 3-9.

Table 3-9 Types of Residential Houses of APs of Project Areas in 2004

Structure of Residential Houses (m²) Village

Average Per- capita Living Area

(m2) Frame

Structure Brick-concrete

Structure Brick –wood

Structure Simple

Structure

Chenxi Village 22.88 8.89 12.31 0.28 1.40

Silian village 41.22 31.88 8.61 0.48 0.26

Xinxu village 36.86 28.86 6.82 0.77 0.42

Hede village 19.81 10.94 8.24 0.63 0.00

Lessee in Chenxi village

39.52 7.38 25.87 4.92 1.36

average value 32.44 21.24 9.86 0.71 0.64

Proportion (%) 100% 65.5% 30.4% 2.2% 2.0%

(7) Situation of having productive and living durable articles by APs

According to the survey, there are 11 types of the durable articles possessed by APs for production and daily life. 10 households have cars, accounting for 3.5%; 8 households

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have tractors, accounting for 2.7%; 226 households have motorcycles, accounting for 75.8%. This indicates that motorcycles are the important means for transportation for the local villagers. There are 224 computers respectively distributed in two Internet browse bars in Chenxi village. Such does not mean that computer is popularized.

Table 3-10 Summary of Durable Productive and Living Articles of APs in 2004

Durable Productive Articles Unit: Set (Unit) Village

Cars Tractor Motorcycle Grinding Machine

Motor Pumps TV Washing Machine

Refrigerator Air-conditioner Computer

Chenxi

Village 4 0 68 14 8 4 106 40 50 20 203

Silian

village 2 3 70 0 15 14 124 24 42 17 10

Xinxu

village 3 4 68 0 5 7 98 14 28 2 7

Hede

village 1 1 18 0 1 1 34 1 9 0 0

Lessee

in

Chenxi

village

0 0 2 0 0 0 14 2 9 1 4

Total 10 8 226 14 29 26 376 81 138 40 224

(8) Situation of having cultivated land

Sample survey shows that, in the affected area of the project, the average per household cultivated hand is only 2.6mu, being less than 0.5mu per person. It is a place of more population and less land. In terms of the types of land, paddy fields and vegetable land are the lifebloods of these rural households, especially vegetable lands are the sources of their livelihood. In addition, fishpond and orchard are also important in the project areas. Details are shown in Table 3-11.

Table 3-11 Summary of Average per Household Occupation of Cultivated Land of all

Subprojects in 2004

Types of land (mu)

Village

Average Household Cultivated Land (mu)

Paddy Field

Sugar Field

Vegetable Land

Fish Pond

Orchard Land with

Trees

Chenxi Village

1.31 0.13 0.81 0.14 0.04 0.20 0.00

Silian village 2.95 1.65 0.04 0.90 0.31 0.05 0.00 Xinxu village 3.60 0.52 0.02 0.96 1.49 0.61 0.00 Hede village 2.43 1.79 0.00 0.56 0.09 0.00 0.00 Lessee in Chenxi village

0 0 0 0 0 0 0

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3.6 Profile of affected institutional units

Construction of this subproject will also have impacts on four institutional units, including Guangxi Agriculture Technical College, Guangxi Academy of Agriculture Science, Guangxi Economic Management Cadre College, Guangxi Vocational College for Electrical and Mechanical Technologies, etc.

3.6.1 Guangxi Agricultural Occupational College

Guangxi Agricultural Occupational College is an occupational school under the leadership of Guangxi Department of Agriculture. The college occupies 1005mu of land (incl. 450mu cultivated land) situating on the east bank of Kelijiang river, adjoining with Guangxi Academy of Agriculture Science and Nanning New and High-tech Industrial Development Zone. At present, the college has 7 departments covering 27 subjects with in-school 4200 students.

The college has built the exhibition center for modern agriculture technologies, biological tissue culture center, breeding center for corn and paddy rice, sci-tech foodstuff factory, breeding demonstration farm, specimen garden for sub-tropical fruits, seeding base and Liaoyuan Agricultural Sci-tech Development Service Co. Ltd. etc. totally 60 internal and external practice bases. Among them, the exhibition center for modern agricultural technologies, a project of RMB27 million investments jointly with Guangxi Department of Agriculture, is the biggest demonstration area for modern agriculture that integrates with production, scientific research, teaching practice and tourism as a whole.

Figure 3.5 Exhibition Center for Modern Agricultural Technologies of Guangxi

Agricultural Occupational College

3.6.2 Guangxi Academy of Agriculture Science

Guangxi Academy of Agriculture Science is a scientific research institution directly under the provincial government of Guangxi. It is set with 13 research institutes such as for paddy rice, sugar cane, corn, horticulture and central laboratory etc., 3 research centers. There are totally 1478 people, with 968 in-service working staff. It covers a total land of 248.8ha, including 112ha of field experimental land.

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3.6.3 Guangxi Economic Management Cadre College

Guangxi Economic Management Cadre College is the only one adult college that cultivates various talents for economic management in Guangxi, being designated by the State Economic Cooperation and Trading Commission as a senior industrial and commercial management training college exclusively for cadres of state-owned large and medium-size enterprises. It is located in Chengbei District of Nanning city, occupies 500mu of land. There are in-service 320 teaching faculties, over 10000 students (incl. about 4200 students living in the college). At present, the college has set Department of Finance, Trade and Economy, Management Science Department and Information Management Department. Among the faculties of the college, there are 72 people with senior titles (39 in-service), 153 people with intermediate titles. The proportion of the teachers with senior and intermediate titles accounts for 70% of the total number of teachers.

3.6.4 Guangxi Vocational College for Electrical and Mechanical Technologies

Guangxi Vocational College for Electrical and Mechanical Technologies was founded in 1958 and was approved by the Ministry of Education in July of 1999 as the state-owned college of higher education. The college is located by the beautiful Xiangsihu lake. It occupies 776mu of land and has over 260 thousand m² of house construction area. At present, the college has 653 full-time or part-time teachers, including 486 teachers of or above intermediate professional titles. There are more than 8000 full-time students and over 1200 correspondence students.

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4 Laws, Policies and Compensation Standards for Resettlement

The resettlement policies of this project are based on the laws and regulations of the governments of the People’s Republic of China as well as the policy on involuntary resettlement of ADB.

4.1 Policy framework for resettlement

In China, the laws and policies for land acquisition and resettlement are stipulated in three levels. The first level is the basic law framework stipulated by the State, including the corresponding regulations and implementation guidelines. The second level is the exclusive local laws and regulations set to carry the laws and policies of the State. The third level is the specific regulations and provisions formulated by municipal and county’s governments exclusively for some definite periods or projects.

4.1.1 Laws for resettlement

Land Administration Law of the People’s Republic of China (effected from January 1 of 1999).

4.1.2 Legal basis for resettlement

Regulations for Implementation of Land Administration Law of the People’s Republic of China (effected from January 1 of 1999).

Administrative Regulations for Urban Building Demolition and Relocation (effected from Nov. 11, 2001).

Methods of Guangxi Zhuang Autonomous Region on Implementation of Land Administration Law of the People’s Republic of China (effected from September 1 of 2001)

Provisions of Guangxi Zhuang Autonomous Region on Implementation of Administrative Regulations for Urban Building Demolition and Relocation (Decree No.4 of the People’s Government of Guangxi Zhuang Autonomous Region, 2003).

Implementation Methods for Management of Urban Building Demolition and Relocation (trial), Decree No.17 of the People’s Government of Nanning City, effected from July 1 of 2003.

Provisions for Acquisition of Land of Collective Ownership of Nanning City, effected from September 25, 1996.

Provisions for Acquisition of Land of Collective Ownership of Nanning City (Revised), effected from January 1, 2003.

Provisions of the People’s Republic of China on Tax on Occupation of Cultivated Land, effected from April 1, 1987.

4.1.3 Policy Basis

Methods for Announcement of Land Acquisition approved by the No.9 session of ministerial meeting of the Ministry of Land and Resources on October 18, 2001 and effected from January 1, 2002.

Decision of the State Council on Deepening Reform and Strengthening Land

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Administration, Ref. GF[2004]28. Circular of the Ministry of Land and Resources on Management of Land Acquisition

Compensation, Ref. No. GTZF[2004]58. Guidelines for Strengthening Land Acquisition Compensation and Relocation System,

Ref. No.GTZF[2004]238. Management Regulations on Evaluation of House Demolition of Nanning City, August

15 of 2004. Methods of Compensation and Relocation for Acquisition of Collective Land and

House Demolition, Ref. No.NFF[2004]106 Reviews on the Issues of Compensation and Relocation for Acquisition of Collective

Land and House Demolition of Nanning City, Ref. No.NGTZF[2005]1 Circular of the People’s Government of Nanning City on Further Strengthen the

Management of House Demolitions in Urban Areas, Ref. No.NFF[2004]153 Circular on Publishing Market Prices and Corresponding Coefficients of Real Estate

of Nanning City, Ref. No.NJ[2004]30. Reviews on the Issues of House Demolition Compensation and Relocation in Urban

Areas of Nanning City, Ref. No.[2004]32.

4.1.4 ADB Policy

Policy on Involuntary Resettlement of Asian Development Bank

4.2 Applicable stipulations for resettlement

4.2.1 Relevant regulations specified in Land Administration Law of the People’s Republic of China

Article 8 Land in the urban areas shall belong to the ownership of the State. Land in rural areas and outskirts of cities, except for the land owned by the State

according to the law, shall be collectively owned by the farmers; homestead, private plots and private hilly land are collectively owned by the farmers.

Article 10 Rural collectively-owned land that belongs to rural collective ownership of a village according to law shall be managed and administered by the village collective economic organization or villagers' committee; the land that belongs separately to more than two rural collective economic organizations and owned collectively by rural people shall be managed and administered by the respective rural collective economic organizations or villagers' teams; the land that belongs to village(township) rural collective ownership shall be managed and administered by the village(township) rural collective economic organization.

Article 45 Requisition of the following land shall be subject to approval by the State Council.

(I) basic farmland; (II) cultivated land, not included in basic farmland, that exceeds 35 hectares. (III) other land that exceeds 70 hectares.…… Article 47 Land requisitioned shall be compensated for on the basis of its original

purpose of use. . Compensation for acquired cultivated land shall include compensation for land,

resettlement subsidies and attachments and young crops on the acquired land.

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Compensation for acquisition of cultivated land shall be six to ten times the AAOV of the acquired land for three years preceding such acquisition. Resettlement subsidies for acquisition of cultivated land shall be calculated according to the agricultural population to be resettled. The agricultural population to be resettled shall be calculated by dividing the amount of acquired cultivated land by the average amount of the original cultivated land per person of the unit the land of which is acquired. The standard resettlement subsidies to be divided among members of the agricultural population needing resettlement shall be four to six times the AAOV of the acquired cultivated land for three years preceding such acquisition. However, the highest resettlement subsidies for each hectare of the acquired cultivated land shall not exceed fifteen times its AAOV for the three years preceding such acquisition.

The State Council may, in light of the level of social and economic development and under special circumstances, raise the rates of land compensation and resettlement subsidies for requisition of cultivated land.……

Article 48 Once a plan for compensation and resettlement subsidies for requisitioned land is decided on, the local people’s government concerned shall make it known to the general public and solicit comments and suggestions from the collective economic organizations, the land of which is requisitioned, and the farmers.

Article 49 The rural collective economic organization, the land of which is requisitioned, shall accept supervision by making known to its known to its members the income and expenses of the compensation received for land acquisition.

The compensation and other charges paid to the unit for its land requisitioned is forbidden to be embezzled or misappropriated.

Article 50 Local people’s governments at all levels shall support the rural collective economic organizations, the land of which is requisitioned, and the farmers in their efforts to engage in development or business operation or to start enterprises.

Article 54 A construction unit that wishes to use State-owned land shall get it by such means of compensation as assignment. However, land to be used for the following purposes may be allocated with the lawful approval of the people’s government at or above the county level:

(I) for State organs or military purposes; (II) for urban infrastructure projects or public welfare undertakings. (III) for major energy, communications, water conservancy and other infrastructure

projects supported by the State; (IV) other purposes as provided for by laws or administrative regulations. Article 57 Where land owned by the State or by rural collectives needs to be used

temporarily for construction of projects or geologic prospecting, the matter shall be subject to approval by the land administration department of a people’s government at or above the county level. . The temporary acquisition of land within the municipal planned area should be approved by related municipal planning administration before being submitted for approval. Users of the land should sign a temporary land acquisition contract with related land administration, collectively-owned economic entities in rural areas and village committee based on the property right of the land, and pay the compensation for temporary acquisition of land according to the contract.

Users of temporary land acquisition should use the land by the functions agreed in the contract and should not construct permanent structures.

Normally temporary land acquisition period is no longer than two years.” Article 62 For villagers, one household shall only have one house site, the area of

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which may not exceed the limits fixed by provinces, autonomous regions and municipalities directly under the Central Government.

Villagers shall build residences in keeping with the township (town) overall plan for land utilization and shall be encouraged to use their original house sites or idle lots in village as much as possible. Land to be used by villagers to build residences shall be subject to examination and verification by the township (town) people’s government and approved by the county’s people’s government. However, if land for agriculture is to be used for the purpose, the matter shall be subject to examination and approval in accordance with the provisions in Article 44 of this law. Applications for other house sites made by villagers who have sold or leased their houses shall not be approved.

4.2.2 Regulations specified in Regulations for Implementation of Land Administration Law of the People’s Republic of China

Article 25 Upon approval of the scheme for land acquisition, the local people’s governments of city and county level of which land needs to be requisitioned shall organize the implementation of such scheme, and notify to the public of the townships (town) and villages of which the land needs to be requisitioned necessary information such as the organ of approving land acquisition, reference number of the approval, purposes, range and area of land to be requisitioned, compensation standards, resettlement of rural people and the period of claiming land acquisition compensation etc. ,

The owners and holders of use rights shall, within the specified period in the notification, make necessary registration for land acquisition compensation in the land administrative department designated by the people’s government by presenting the certificates of allocation of landownership and land use right.

According to the approved scheme for land acquisition, the competent land administrative department at the city and county level shall, jointly with relevant departments, formulate the plans for land acquisition compensation and resettlement. Such plans shall be made known to the general public of the local townships (town) of which land needs to be requisitioned, so that the comments and suggestions from the collective economic organizations whose land is requisitioned shall be solicited. The schemes for land acquisition and resettlement, after being approved by the people’s governments at city and county level, shall be organized for implementation by the competent land administrative departments of the people’s government of city and county level. Any disputes arising from the compensation rates shall be coordinated by the local people’s governments at or above county level; in case such coordination fails, the disputes shall be adjudicated by the local people’s government that approved the land acquisition. Disputes on land acquisition compensation and resettlement shall not affect the implementation of the schemes for land acquisition.

All compensations related to land acquisition shall be fully paid within three months from the date when the scheme for land acquisition compensation and resettlement is approved.

Article 26 The land compensation shall be owned by the rural collective economic organizations; while the compensations fro the attached-structures to land and the crops shall be owned by those who have the ownerships of these attached-structures and crops.

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the compensations for the attached-structures to land and the crops shall be owned by those who have the ownerships of these attached-structures and crops.

The resettlement subsidies for land acquisition must be exclusively utilized, no embezzling and misappropriation shall be allowed. If the population needed to be resettled by rural collective economic organization, the resettlement subsidies shall be paid to the rural collective economic organization that shall be responsible for the management and utilization of such subsidies. If the population needed to be resettled by other units, the resettlement subsidies shall be paid to the resettling units. If the population being without the requirement on resettlement, the resettlement subsidies shall be paid to the resettled individuals or as the insurance premium upon the consents of the resettled individuals.

The people’s governments at the levels of city, county and township (town) must strengthen the supervision of the utilization of the resettlement subsidies.

4.2.3 Regulations in Provisions of the People’s Republic of China on Tax on Occupation of Cultivated Land

Article 3 Any units and individuals that utilize cultivated land for building construction or engaging in other non-agricultural construction are bound to be the taxpayers for the tax on occupation of cultivated land and pay such taxes according to these regulations.

Article 4 The tax amount on occupation of cultivated land shall be calculated based on the actual occupation of cultivated land and paid on one-off basis according to amount to be paid. .

Article 5 The tax rates for the tax of occupation of cultivated land are: (I) Assuming county as an individual unit (hereinafter the same), if the average per capita

occupation of cultivated land is below one mu (incl. 1mu), the compensation rate shall be RMB2-10/m2.

(II) If the average per capita occupation of cultivated land is from 1mu to 2mu (incl. 2mu), the compensation rate shall be RMB1.6-8//m2.

(III) If the average per capita occupation of cultivated land is from 2mu to 3mu (incl. 3mu), the compensation rate shall be RMB1.3-6.5/ m2..

(IV) If the average per capita occupation of cultivated land is over 3mu, the compensation rate shall be RMB1-5/ m2.

Rural residents who occupy cultivated land for constructing living houses shall enjoy half reduction of the above-mentioned rates.

Special economic region, economic and technological development zone, areas of advanced economic development as well as the places of especially less average occupation of cultivated land, the applicable tax amount shall be properly increased but limited to a maximum 50% of increase of the above-stated figures.

4.2.4 Regulations in Guidelines for Strengthening Land Acquisition Compensation and Relocation System issued by Ministry of Land and Resources

Article 1 Regulations on Compensation Standards for Land Acquisition. …… (II) Identification of the multiples of the uniform annual production value. The

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identification of the multiples of uniform annual production value for the land acquisition compensation and resettlement subsidies must be based on the principle that the peasants whose land have been requisitioned shall at least maintain their previous living standards but within the allowed contents by the law. If the land acquisition compensation and subsidies that are computed based on the legal uniform annual production value shall fail to enable the peasants whose land is requisitioned to keep at the previous living standard, or fail to pay the social security charges for the peasants who lose their land due to land acquisition, the multiples of compensation shall be properly increased upon approval by the provincial people’s government. If the total sum of land compensation and resettlement subsidies that are calculated as 30 times shall fail to keep the peasants at the previous living standard, such case shall be at unified planning and overall arrangement by the local people’s government, for which, certain amount of the benefits derived from the paid utilization of the state-owned land shall be laid off as the subsidies in this regard. Occupation of capital farmland as approved according to the law, the land acquisition compensation in this connection shall apply the highest compensation standards that are published by the local people’s government.

(III) Formulation of the consolidated regional land price for the district where land needs to be requisitioned. Wherever applicable, the provincial land administration department shall, jointly with relevant administrative departments, formulate the consolidated regional land prices for different parts of the cities and counties where land needs to be requisitioned. Such prices for land acquisition compensation shall be carried out after being approved and issued by the provincial people’s government. Formulation of the consolidated regional land price shall take into consideration of the factors such as the category of land, production value, location, grades of agricultural land, average per capita cultivated land, relationship of land supply and demand, local economic development level as well as the lowest living standard for urban residents etc. ……

Article 2 Stipulations on “the means for resettlement of peasants whose land needs to be requisitioned”:

(V) Agricultural production resettlement. Requisition of the peasant’s collective land that is out of the urban planning boundary shall first provide with necessary cultivated land for the peasants, the land of which needs to be requisitioned, to continue their agricultural production through using the rural collective reserved land, the contracted land returned by the tenants voluntarily, circulated contracted land and the additional cultivated land derived from land development etc.

(VI) Reemployment resettlement. It is required to actively create necessary conditions for the peasants whose land needs to be requisitioned to receive free labor technical training and be arranged corresponding working posts. Under the same conditions, the land-use units shall give priority of employment to the peasants whose land needs to be requisitioned. Requisition of the peasant collective land within the boundary of urban planning shall include those landless peasants due to land acquisition into the urban employment system, for which, the social security system shall be established.

(VII) Sharing dividends resettlement As for the project-use land that has long-term stable benefits, if voluntarily agreed by the peasant’s household, the rural collective economic organization whose land needs to be requisitioned may negotiate with the land-use unit to take the land compensation and subsidies as the equity, or take the evaluated use right of the land that is approved as the construction land as the equity

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participation. The rural collective economic organization and peasant households shall obtain the benefits in the means of preference shares through entering contract.

(VIII) Migratory resettlement. If the local places are proved to be unable to provide with fundamental productive and living conditions for the landless peasants whose land needs to be requisitioned, under the premises of adequate consultation with the rural collective economic organization and peasant’s households whose land need to be requisitioned, the government may generally organize migratory resettlement.

Article 3 Regulations on working procedures for land acquisition. (IX) Notification of land acquisition. Prior to submitting the land acquisition for

approval according to the law, the local land administrative department must notify in written the rural collective economic organization and peasant’s household, whose land proposed to be requisitioned, the related information such as the purpose, location, compensation standards and means of resettlement for the land proposed to be requisitioned. After being notified, during land acquisition, the rural collective economic organization and peasant’s households shall not be compensated for any land-attached structures and crops that are planted, grown and built on the land proposed to be requisitioned on rush basis.

(X) Identification of the survey results for land acquisition. The local land resources administrative department must undertake investigation of the ownership, land category and area, as well as the ownership, types and quantity of the land-attached structures etc. for the land that is proposed to be requisitioned. The results of survey shall be mutually confirmed by the rural collective economic organization whose land needs to be requisitioned, peasant’s households and the owners of the land-attached structures.

(XI) Organize hearing for land acquisition. Prior to submitting the land acquisition for approval according to the law, the local land administrative department must notify the rural collective economic organization and peasant’s household, whose land proposed to be requisitioned, that they have the rights to apply for hearing of the related information such as the purpose, location, compensation standards and means of resettlement for the land proposed to be requisitioned. The interested parties that apply for hearing must follow the stipulated procedures and requirement specified in Regulations of Hearing for Land Resources in organizing the hearing.

4.2.5 Regulations specified in Methods of Guangxi Zhuang Autonomous Region on Implementation of Land Administration Law of the People’s Republic of China

Article 21 According to the master planning for land use, it is to strictly control the total volume of construction land and protect the cultivated land. The priority shall be given to the key projects of the State and the autonomous region, infrastructure project and the projects encouraged by the State’s industrial policy.

Article 48 The compensation for the temporary use of agricultural land shall be calculated as per the multiplier of average annual production value for the past three years before the land is temporally used by the years of temporary use. Compensation for the temporary occupation of construction land shall be calculated as per the multiplier of the annual rent of the local similar State-owned land by the years of temporary use. Compensation for the temporary use of the unused land shall be calculated as per 60% of the multiplier of average annual production value of local dry land for the past three years

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by the years of temporary use. Any damages to the land-attached structures shall be compensated according to the actual conditions.

Article 51 After the Land acquisition is approved according to the law, the people’s governments of the city with district establishment and county shall make announcement of land acquisition in the local township (town) and village whose land proposed to be requisitioned within 15 days after receiving the approval document of land acquisition.……

After issuing the announcement of land acquisition, the units whose land proposed to be requisitioned and land contracting individuals are not allowed to plant and grow crops or construct buildings and structures on rush.

Article 52 After registration of land acquisition compensation, the land administrative departments of the people’s government of city established with district and county shall, jointly with relevant department, verify the registered issues of land acquisition compensation and draft the scheme for land acquisition compensation and resettlement. The scheme for land acquisition compensation and resettlement shall cover the following contents:

(I) Conditions of the land proposed to be requisitioned. (II) Methods of calculation, objects of payment and means of payment of the land

compensation charges, resettlement subsidies, compensation charges for crops and land-attached structures.

(III) Resettlement plan for peasants whose land proposed to be requisitioned. The competent land administrative department the people's government of city

established with district and county shall make the land acquisition compensation and resettlement plans known to the general public of the local townships (town) of which land needs to be requisitioned, so that the comments and suggestions from the land-requisitioned units, land contracting runners and other people shall be solicited. The validity of comments solicitation shall be 20 days. Any disputes arising from the plans of land acquisition and resettlement shall be coordinated by the people’s governments of city established with district and county; in case such coordination fails, the disputes shall be adjudicated by the local people’s government that approved the land acquisition. Any disputes on land acquisition compensation and resettlement shall not affect the implementation of the plan for land acquisition, and the units whose land is requisitioned and land contracting runners shall abide by without obstruction.

Article 53 The compensation for land acquisition shall observe the following standards.

(I) Compensation for acquisition of basic farmland shall be ten times the AAOV of the acquired land for three years preceding such acquisition for paddy fields, while nine times for dry land.

(II) Compensation for the acquisition of the farmland other than basic farmland shall be nine times the AAOV of the acquired land for three years preceding such acquisition for paddy fields, while seven times for dry land.

(III) Compensation for acquisition of vegetable land, fish pond and lotus-root pond shall be eight times the AAOV of the acquired land for three years preceding such acquisition.

(IV) Compensation for acquisition of protection forest land and special forest land shall be nine times the AAOV of the local dry land for three years preceding such acquisition.

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(V) Compensation for the acquisition of timbre forest, economic forest and firewood forest shall be, for those with harvest, four to seven times and, for those without harvest, three to four times the AAOV for three years preceding such acquisition.

(VI) Compensation for acquisition of plant and flower nurseries shall be three to four times of the AAOV for three years preceding such acquisition.

(VII) Compensation for acquisition of in-turn use land and meadow shall be two to three times the AAOV of local dry land for three years preceding such acquisition.

(VIII) Compensation for the acquisition of unused land, such as barren hills, barren land and barren ditch etc., shall be one to two times the AAOV of local dry land for three years preceding such acquisition.

The classification of the land types shall be determined after inventory survey of land utilization.

Article 54 The resettlement subsidies for land acquisition shall observe the following standards.

(I) The total sum of resettlement subsidies for acquisition of cultivated land shall be respectively of:

(1) If the average per capita occupation of cultivated land is over 0.06ha., the subsidies shall be five times the AAOV of three years for the acquired land preceding such acquisition.

(2) If the average per capita occupation of cultivated land is over 0.05ha. but less than 0.06ha., the subsidies shall be six times the AAOV of three years for the acquired land preceding such acquisition.

(3) If the average per capita occupation of cultivated land is over 0.04ha. but less than 0.05ha., the subsidies shall be eight times the AAOV of three years for the acquired land preceding such acquisition.

4. If the average per capita occupation of cultivated land is over 0.03ha. but less than 0.04ha., the subsidies shall be ten times the AAOV of three years for the acquired land preceding such acquisition.

5. If the average per capita occupation of cultivated land is over 0.025ha. but less than 0.03ha., the subsidies shall be twelve times the AAOV of three years for the acquired land preceding such acquisition.

6. If the average per capita occupation of cultivated land is over 0.02ha. but less than 0.025ha., the subsidies shall be fourteen times the AAOV of three years for the acquired land preceding such acquisition.

7. If the average per capita occupation of cultivated land is less than 0.02ha., the subsidies shall be fifteen times the AAOV of three years for the acquired land preceding such acquisition.

(II) Resettlement subsidies for acquisition of other types of agricultural land, such as forest land, meadow and aquatic water surface, shall be three to five times the AAOV of three years preceding such acquisition.

No resettlement subsidies shall be made for the acquisition of barren hills, barren land, barren shoal and other lands that are without harvest benefits.

Article 55 Compensation for crops and land-attached structures on the acquired land shall follow the following stipulations.

(I) Compensation for short-term crops shall be made according to the production value of one-round harvest; compensation for the perennial crops shall be reasonably made according to the planting and growing periods.

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(II) Forest (fruit, bamboo) feasible for transplantation shall be transplanted, for which, labor charges and seedling losses shall be compensated. Those cannot be transplanted shall be compensated.

(III) Compensation for houses and other buildings and structures shall be made at full replacement cost of the area of the lost house with no deduction for depreciation or salvageable materials. The actual standards shall be formulated by the people’s governments of counties and the cities established with districts.

No compensation will be made for the buildings and structures built on the illegally occupied land, as well as the crops, forest (fruit and bamboo) and the buildings and structures that are planted or constructed on rush after the announcement of land acquisition has been issued.

Article 56 As for the legal utilization of the state-owned agricultural, forest, animal husbandry and fishery lands by construction project, the land compensation and resettlement subsidies shall be at 70% of the amount compensated for the acquisition of same-category collectively-owned land; compensation for crops and land-attached structures in this connection shall follow the regulations as designated for acquisition of collectively-owned land.

Article 57 The compensation standards for the land acquisition by key infrastructure projects and other key projects, as well as the administrative measures for resettlement land for poverty-stricken hilly areas shall be formulated by the People’s Government of the Autonomous Region.

4.2.6 Methods of Compensation and Relocation for Acquisition of Collective Land and House Demolition (provisional)

Article 2 These Methods are applicable to the compensation and resettlement arising from acquisition of collectively-owned land by the State’s construction within the urban administrative areas or by the rural development.

Article 8 The municipal land administrative competent department shall, based on the land use master plan, annual land use plan and the urban construction plan, define the range of land acquisition that shall be submitted to the people’s government for approval. After such, the land administrative competent department shall issue pre-announcement of land acquisition to the rural collective economic organizations whose land needed to be requisitioned.

The land acquisition announcement shall cover the texts of location, range, area, time, purpose, compensation standard and means of resettlement etc. for the land needed to be requisitioned.

From the date of issuing the pre-announcement of land acquisition, the property right owners and the holders of the use rights shall not be allowed, on the lands needed to be acquired, to change the land-use purposes and the land-attached structures, sell, lease out, mortgage, newly construct or extend houses and other facilities. No planting or growing on rush shall be allowed. The municipal land administrative competent department shall inform in written the relevant departments such as construction, planning, real estate administration, public security and district government etc. to suspend any formalities in connection with Building Permit, Builder's License, residence immigration and household separation and transfer of house property rights etc.

If land acquisition and demolition cannot be performed one year after the issuance of

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the pre-announcement of land acquisition, the said announcement shall be invalid. Article 9 After issuance of the pre-announcement of land acquisition, the land

acquisition and demolition units shall, jointly with the rural collective economic organizations and relevant rights holders, start to investigate the property rights and land categories and make detail records. All relevant rights holders shall confirm the results of the investigation for the current situation of the land needed to be requisitioned. In case relevant rights holders refuse to confirm the investigation results without proper reasons, the land acquisition and demolition units shall take necessary evidence preservation measures.

Article 10 After the scheme for land acquisition compensation and resettlement is developed, the land administrative competent department shall inform the rural collective economic organizations and relevant rights holders whose lands needed to be requisitioned that they shall have the rights to apply for hearing of the related information such as the compensation standards and means of resettlement. If the parties concerned apply for hearing, the hearing shall be organized according to the relevant regulations.……

Article 13 Compensation for land acquisition shall include land compensation, resettlement subsidies as well as compensation for crops and land-attached structures. Resettlement subsidies = individual land unit price × land area – land compensation. The individual land unit price shall be defined according to the average regional land price and the average per-capita cultivated land coefficient of the rural collective economic organizations whose land proposed to be requisitioned. The average regional land price refers to the average price of different land categories that are classified according to urban plan, land use master plan as well as the natural, economic and social conditions etc. Compensation for crops and land-attached structures shall be made in real terms. No resettlement subsidies shall be paid for the acquisition of unused land and rural construction land.

Article 15 As for the agricultural population required to be resettled, the people’s government shall, in addition to methods for compensation resettlement as stipulated by laws, extend the means of resettlement according to the actualities, such as reserving industrial land, subsidies in kind, self-seeking job subsidies and endowment insurance etc. In this connection, on the basis of urban planning and the land-use master planning, the land acquisition and demolition units shall negotiate with the rural economic organizations, the results of which shall be submitted to the people’s government for approval. (I) Reservation of industrial land. The reservation shall be based on no more than 40m2 of average per-capita land as per the on-registered agricultural population of the rural collective economic organization. If the rural collective economic organization is located in the first category or other categories that do not have the availability for land reservation, the means for resettlement mentioned in (II) and (III) below shall be applicable. (II) Subsidies in kind. In the comprehensive commercial and residential building built by the unit, based on 15 m2/person of construction area of commercial building or on 20 m2/person of construction area of residential house, the building shall handed over to the rural collective economic organization of general management. (III) Self-seeking job subsidies. The agricultural population to be resettled shall enter

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self-seeking job resettlement agreement with the rural collective economic organization. In this case, the land acquisition resettlement subsidies shall be divided by the agricultural population, out of which, the average resettlement subsidies shall be given. In addition, those who entered the said agreement shall be given subsidies for job self-seeking at the rate RMB25000/person. The land acquisition subsidies and self-seeking job subsidies shall be used to pay for the endowment insurance for the displaced people. The resettlement for the dislocated people shall be included into the social security system, for which, the people’s government shall formulate the regulations.

Article 18 Demolition of the legal houses built on the collective land shall be resettled in the means of monetary compensation, exchange of property rights or house sites etc. Those satisfying the conditions for house site resettlement shall be encouraged to adopt the means of monetary compensation or exchange of property rights.

Normally monetary compensation or exchange of property rights shall be applicable to the demolished houses that are located within the first and the second categories; or if being approved legally, the rural collective economic organization may build multi-story buildings for resettlement. Those houses in the third category proposed to be demolished shall be resettled through provision of house-site if such would conform to necessary requirement.

Article 19 As for the method of monetary compensation, the amount of compensation shall be determined by the land acquisition and demolition unit according to the guideline of monetary compensation as well as the area, status and the story etc. of the houses proposed to be demolished.

Article 21 As for exchange of property rights for the houses proposed to be demolished, no price differences shall be counted for the same floorage between the relocating area and the previous demolished area. The extra floorage of relocating area more than the previous demolished area shall be paid according to the cost price of the resettlement houses if within the resettlement standards, while be paid according to the current-year price of local economy rental house if higher than the resettlement standards. If the previous demolished area is more than the relocating area, the compensation shall be made in the means of monetary compensation as specified in Article 19 of these Methods.

The additional floorage within 5m2 of total relocating area arising from the natural transition of the houses shall be paid as per the cost price of the resettlement houses.

Article 23 As for the resettlement to be conducted in the means of providing house sites, the displaced people may apply for house sites to construct new houses in the peasants’ village or residential area that are planned by the township land use plan and township master plan.

Resettlement house sites shall be provided by the rural collective economic organization that the displaced people belong to, and the original house sites shall be returned and compensated according to relevant regulations. All demolished houses shall be compensated at full replacement cost. Necessary charges as incurred by obtaining the resettlement land as well as the cost incurred by connecting water, electricity, access road and site leveling shall be paid by the land acquisition unit.

Article 24 Demolition of non-residential houses built on collective land shall be compensated in the means of monetary compensation.

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Demolition of industrial houses in the exchange of industrial land shall be compensated at full replacement cost.

Article 26 The land acquisition and demolition unit shall pay to the affected people the removal subsidies according to relevant regulations.

Article 27 As for the resettlement in the form of providing house sites for the demolition of residential houses, the land acquisition and demolition unit shall pay removal transition subsidies to and as per affected household for less than one year period. As for the resettlement in the form of monetary compensation, a lump-sum payment of transition subsidies for three months shall be paid. As for the resettlement in form of exchange of property rights, the payment of transition subsidies shall be made until the handing-over of the relocating houses.

If the resettlement is provided in the form of built houses, no transition subsidies shall be paid.

Article 29 After receiving the notice of removal, the affected people who have removed within the allowable time shall be rewarded by the land acquisition and demolition unit.

4.2.7 Regulations specified in Implementation Methods for Management of Urban Building Demolition and Relocation (provisional)

Article 2 These methods are applicable to the compensation and resettlement arising from the demolition of houses built on state-owned lands that are within the urban planning area of Nanning City.

Article 7 The house demolition administrative department must inform the public through multiple means including medias of the range proposed to be demolished according to the annual urban construction plan that has been approved by the government.

Article 18 The demolition unit and the affected people shall enter agreement on compensation and resettlement for demolition.

As for demolition of rental houses, the demolition unit must enter agreement with the affected people and the tenants on demolition compensation and resettlement.

The demolition and resettlement compensation agreement must contain the following: (I) Parties in relation to the demolition; (II) Methods for demolition compensation; (III) Address, structure, area and purpose of the houses proposed to be demolished; (IV) If resettlement in the form of exchange of property rights, location, structure, area, story, room number, date of delivery and methods of calculation of price difference of the relocating houses shall be identified. (V) Amount of compensation, method and allowable time of payment for demolition; (VI) The allowable time for removal by the affected people or tenants, methods of transition and period of transition; (VII) Contract breaching liabilities; (VIII) Means of settling demolition disputes; and (IX) Other issues as mutually agreed by concerned parties.

Article 30 Demolition compensation shall be made in the form of monetary compensation, or in the form of exchange of house property rights. ……. Monetary

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compensation for demolition shall be encouraged. Article 31 The amount of monetary compensation shall be evaluated according to

the real estate evaluating price based on the factors of location, purpose, construction area, status and story etc. of the houses proposed to be demolished.……

Article 33 If the compensation rate of the house proposed to be demolished is lower than the lowest compensation unit price, the demolition unit shall compensate the affected people at the lowest commensuration unit price.

Article 34 For the exchange of the property rights during the demolition of houses, the demolition unit and the affected people should, according to the evaluating regulations, calculate the compensation rates for the demolished house and the price of the exchanged house, and settle the price difference caused by exchange of the property rights accordingly.

Article 35 For the demolition of the public welfare houses, the demolition unit shall reconstruct the houses according to relevant laws, regulations as well as the urban planning. If confirmed by the planning department the such houses are not required to be reconstructed, the demolition unit shall make monetary compensation.

Demolition of the attachments of the non-public welfare houses shall not be compensated in the form of exchange of property rights. In this case, the demolition unit shall make monetary compensation.

Article 37 If the property-rights exchanged houses of public ownership under direct management are of excessive areas than the demolished houses, the previous tenants shall pay the rents for the additional area according to the cost rental standards.

If the tenants of the public residential houses under direct management are the solitary elderly, orphans or disabled, the demolition unit shall compensate the affected people in the form of exchange of property rights. In this case, the price difference arising from such exchange shall be reduced or exempted, and the tenants shall enter a new lease agreement with the demolition unit on property-rights exchanged houses.

Article 38 In the following cases where that the affected people do not have other places to live due to house demolition, the demolition unit shall provide with resettlement houses for exchange of property rights, exempt the affected people from paying the price differences for the deserved areas and partially reduce or exempt the price differences for the additional compensated area.

(I) When the demolition is conducted, the affected people depend on the minimum living standard scheme for towners paid by the civil administration department; and

(II) The affected people are the solitary elderly, orphans or disabled. Article 41 The demolition unit should pay removing subsidies to the affected people

or tenants. If the children of the affected people in primary and secondary schools need to

transfer to other schools due to the house demolition, the municipal demolition administrative institution shall issue necessary certificates for such purpose. As such, the education administrative department shall in principle, based on the new addresses after moving caused by demolition, arrange their children to the nearby schools. In this case, the demolition unit shall make necessary payment as required according to relevant regulations to the schools that are bound to accept the children without any objection.

Article 42 If the affected people or the house tenants need temporary transition period due to the exchange of property rights, during the transition period, if the affected people arrange residing houses by themselves, the temporary resettlement subsidies

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shall be paid to the affected people by the demolition unit. If the tenants arrange residing houses by themselves, a total sum of temporary resettlement subsidies for three months shall be paid to the tenants by the demolition unit, while the balanced amount of the temporary transition subsidies shall be paid to the affected people.

During the transition period, if the affected people or the tenants use the temporary transition houses provided by the demolition unit, no temporary resettlement subsidies shall be paid.

For monetary compensation, the demolition unit shall make a lump-sum payment of temporary resettlement subsidies for three months to the affected people or the tenants.

Article 43 If the demolition of office and industrial houses that are under monetary compensation may cause termination of production or business, the demolition unit shall make a lump-sum compensation for 6 months. The compensation for the termination of production or business to the stores, hotels and other houses shall be at a lump-sum payment of 3 months for such purpose made by the demolition unit.

In the case of exchange of property rights, the period for the compensation for termination of production or business to be made by the demolition unit shall be computed based on the transition period as designated in the house demolition compensation resettlement agreement entered by the demolition unit and the affected people.

4.2.8 Stipulations of Policy on Involuntary Resettlement of Asian Development Bank

Avoid or minimize resettlement, wherever feasible;

Where resettlement is unavoidable, multiple feasible schemes and resettlement plan shall be provided to minimize resettlement.

The displaced people shall be compensated and assisted so that they will not have inconvenience in their future economic and social activities due to the project construction.

Resettled people shall be provided with adequate information relating to the resettlement and compensation, for which, mutual discussion shall be required.

Resettled people without formal land title shall be also compensated. Households headed by women and other vulnerable groups, such as indigenous peoples shall be provided with special support to assist them in promoting their social status.

Resettlement plan shall be developed and implemented to the extent possible as a part of the project, and costs as incurred by resettlement and compensation shall be covered by the project costs and benefits of the project construction.

The costs incurred by resettlement and compensation shall be included into the bank loans of the project.

Stakeholders’ participation in the development and implementation of the resettlement plan shall be emphasized.

An effective grievance redress mechanism shall be established.

Resettlement plan and implementing policies shall be fully elicited to the resettled people.

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4.3 Procedures for land acquisition and house demolition.

According to the aforesaid policies, the procedures for land acquisition and house demolition are shown in Figure 4-1.

Figure 4-1 Procedures for Land Acquisition and House Demolition

Project Proposal

Investigation/Survey of InventoryLand Acquisition Impacts

Approval of Land Use by LRB

Stage 1 RP preparation and Approvals

Compensation Payments

Notification of Removal Cut-off date

Participation and Consultation

Prepare resettlement plan

Disclosure of Compensation and Resettlement Plans

Approval of RP by ADB

Disclosure of Compensation and Resettlement Plans

Detailed Measurement Surveys and Compensation Agreements

Land Acquisition and house removal

Rehabilitation Measures

Stage 2 Implementation

Grievance and

Appeals

M&E

Livelihood and income restoration

Approval of RP by Government

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4.4 Compensation policy and standards for this subproject

In order to practically attend to the works of land acquisition and demolition of Kelijiang river comprehensive environmental upgrading project, ensure the smooth progress of the project construction financed by ADB, protect the legal titles and benefits of the affected units and people, this policy is formulated in accordance with relevant laws and regulations, such as Land Administration Law of the People’s Republic of China, Administrative Regulations for Urban Building Demolition and Relocation, Methods of Compensation and Resettlement for Acquisition of Collective Land and House Dismantling (try-out), Ref.NFF[2003]146, Circular on Publishing Market Prices and Corresponding Coefficients of Real Estate of Nanning City, Reviews on the Issues of House Demolition Compensation and Relocation in Urban Areas of Nanning City, Implementation Methods for Management of Urban Building Demolition and Relocation (try-out) etc., as well as Policy on Involuntary Resettlement of Asian Development Bank, plus the actualities of Nanning City and this subproject itself. The purpose is to ensure that no one will permanently lose his job due to the construction of this subproject. This policy shall be applicable to any land acquisition and demolition of houses that are built on the state-owned and /or collectively-owned land within the planned range of this subproject, as well as to the relevant compensation and /or resettlement for the affected units and people.

4.4.1 Identification of eligibility

Affected people, regardless of being relocated or not, shall be compensated for the following losses incurred by involuntary loss of land: (1) resettlement or loss of residing houses; (2) loss of properties; and (3) impacts on the income sources and livelihoods.

All affected people by land acquisition within the project areas, including holders of the demolished buildings, tenants, enterprises, employees and land users, shall be entitled to be equally compensated and assisted.

The demolition agency shall, within three days after obtaining the House Demolition License, issue the announcement of house demolition that contains the necessary texts of the range and allowable time for house demolition. At the same time, the demolition agency shall inform in writing the relevant departments to suspend the following formalities relating to such demolition. .

(1) Industrial and commercial registration; (2) Transfer, change and mortgage of property rights (except the in-effect verdicts

issued by the court or arbitral authority); (3)Approval formalities for new construction, extension or change of the houses or

land-attached structures proposed to be demolished. The allowable time for demolition resettlement compensation shall be determined by

the government. The affected people will lose their land and houses due to the project construction, and therefore their livelihoods shall be also affected, for such, they shall be compensated and assisted according to the types and quantity of the losses incurred. However, the newly developed land and the newly constructed houses after the deadline shall not be compensated.

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4.4.2 Policies for land in River-Courses

According to Article 9 of Constitution of the People’s Republic of China10, the river course of Kelijiang river is the state-owned resources, and thus project construction that occupy the river course will not make any compensation. Traditionally, the local villagers along Kelijiang river have been fishing on these river-course for years without permit, Nevertheless, the river-course lands are really the important income sources of the local villagers. If the occupation of the river course by the project is done without compensation, the farmers’ future production and livelihood will be affected. In fact, the local villagers also express such wishes during the social survey. In order not to affect the implementation of this subproject, NMG attaches great importance to this issue, and, in the principle of human-foremost, decides to compensate these river course land by referring to the compensation standards for fish ponds which presented in Ref. No.NFF[2004]106. See table 4-1.

4.4.3 Compensation standards for acquisition of rural collectively-owned land

Land compensation must be made for the acquisition of the collectively-owned land. Compensation for land acquisition shall include land compensation, resettlement subsidies as well as compensation for standing crops and land-attached structures.

Resettlement subsidies = individual land unit price × land area – land compensation.

The individual land unit price shall be defined according to the average regional land price and the average per-capita cultivated land coefficient of the rural collective economic organizations whose land proposed to be requisitioned, i.e. individual land price = average regional land price × the average per-capita cultivated land coefficient 11 . Details are shown in Table 4-1, Table 4-2, Table 4-3 and Table 4-4.

Table 4-1 Average Regional Land Acquisition Price

Types Types of Land Basic Compensation Rate (RMB/mu)

Paddy Field 45000

Dry land 35000

Vegetable Land 70000

Orchard land 36000

Cultivated

Farmland

Fish Pond 53000

Other farmland 20000 Non-cultivated

Farmland House Sites 20000 Notes: The lands belong to Category II according to Ref. No.NFF[2004]106.

10This Article stipulates that: The natural resources including minerals, water, forests, mountains, grasslands, wasteland and mudland etc. belong to the state ownership, i.e. ownership by the whole people, except those are stipulated by law to be under collective ownership. 11 Cultivated land includes paddy field (incl. Field depending on rainfall and irrigated land), dry land and vegetable land. Acquisition of orchard and fish ponds shall be compensated as per the average per-capita cultivated land coefficient. Acquisition of construction use land and unused land shall not apply the modification of the average per-capita cultivated land coefficient; acquisition of agricultural facilities land shall be compensated as per the standards of acquisition of construction use land.

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Table 4-2 Summary of Average Per-capita Cultivated Land Coefficient

Average Per-capita

Cultivated Land

(mu)

Over 0.45 (0.45

excluded)

0.45-0.3 (0.3

included) Below 0.3

Modification Ratio 1.0 1.2 1.4

Notes: The per-capita cultivated land coefficients are adopted from Ref. No.NFF[2004]106.

Table 4-3 Compensation Standards for Crops

Types of Land Compensation Standards

(RMB/mu) Remarks

Paddy Field 1800 Vegetable Land 3500 Fish Pond 3000 Dry Land 1500

Orchard Land 800~4000 as per the period of production

Notes: Compensation standards for standing crops are adopted for Category II land as stipulated in Ref. No. NFF[2004]106. The actual compensation shall vary according to the actualities, i.e. as per Category I or Category II. Compensations for orchard land are complicated which can refer to the details as specified in the Document.

4.4.4 Compensation standards for temporary land occupation

According to the relevant regulations of the State and the Autonomous Region, compensation for temporary land occupation shall be computed on the basis of the annual average output value and the time of temporary occupation. For convenience of calculation, such compensation shall be the crops compensation standard rate multiplied by the time of occupation. The time period of more than 3 months but less than 6 months shall be computed as per 6 months, while that of more than 6 months but less than 1 year shall be computed as per 1 year. Temporary land occupation may damage the original land surface and the previous irrigation facilities. The construction unit shall restore the surface soil quality and the related irrigation facilities to the previous level (the estimated cost for restoration is RMB4800-5200/mu, but it is different in this area), failing to restore to the previous farmland properties and the output status, the construction unit shall make compensation as per the permanent occupation. The compensation standards for temporary land occupation are shown in Table 4-4.

Table 4-4 Compensation Standards for Temporary Land Occupation

Land Type Standard RMB/year/mu Paddy Rice 1800

Dry land 1500 Vegetable Land 3000

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Orchard 2000 Fish Pond 3000

4.4.5 Relevant charges and taxes relating to land acquisition

In addition to the above compensation for land acquisition, other necessary charges must be paid, including land administration fees, farmland occupation tax, development and construction funds for new vegetable plots and fish ponds, farmland reclamation charges, land acquisition service charges, urban construction charges, etc. Details are shown in Table 4-5.

Table 4-5 Summary of Relevant Taxes and Charges Relating to Land Acquisition

Items Unit Standards Land administration fees Land basic compensation

(RMB10000) 2.8%

Farmland occupation tax RMB/m2 7 Development & construction funds for new vegetable plots and fish ponds

RMB10000/mu 1

Paddy fields & vegetable land

RMB/m2 30

Farmland reclamation charges

Dry land & orchard land

RMB/m2 20

Urban construction support charges RMB10000/mu 1.5 Land acquisition service charges RMB/m2 2

Land administration fees shall be collected as per Ref. No. GJFZ[1994]210, Ref. No.

GJFZ[2001]250, Ref. No. GCYWZ[1999]12 etc., the charge rate shall be 2.8% of the basic land compensation. Such fees shall be used to cover the expenses incurred by land administration of the government.

Farmland occupation tax shall be collected as per Ref. No. GZF[1987]88 at the standard rate of RMB7/m2, 50% of which are retained as the special fund foundation for local agricultural development that are used for land reclamatin, land leveling and soil improvement.

The collection of development and construction funds for new vegetable plots and fish ponds shall be based on Ref. No. Memo[2003]1 of the Standing Committee of the people’s government of Nanning city at the rate of RMB10000/mu. Such fees shall be mainly used in the development of new vegetable lands.

Farmland reclamation charges shall be computed as per Ref. No. GJZ[2001]138 at the rate of RMB30/m2 for paddy fields and vegetable land while RMB20/m2 for dry land and orchard land. Such fees shall be exclusively used as the resource charges for supplementation of cultivated land, such farmland development, reclamation and land development etc.

Urban construction support charges shall be computed as per RMB15000/mu. Such fees shall be used for the construction of urban planned roads, bridges, water supply, drainage (sewerage and storm water), public transportation, lighting, garbage

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treatment and fire prevention etc. Land acquisition service charges shall be collected as per RMB2/m2. Such fees shall

be mainly used to cover the service expenses during land acquisition, such as measuring and appraisal etc.

4.4.6 Compensation standards for demolition of rural houses

Demolition of the legal houses built on the collective land shall be resettled in the means of monetary compensation, exchange of property rights or house sites. Removal of residential houses shall be compensated with transition subsidies, removal subsidies and time-lost subsidies etc.

1. Monetary compensation standards Compensation for demolition of rural collective houses under the monetary

compensation system shall be based on Table 4-6, Table 4-7 and Table 4-8. (1) Compensation for demolition of collective residential houses built on

collectively-owned land shall be at full replacement cost (including land price). Table 4-6 Compensation Standards for Demolition of Collective Residential Houses

(incl. land price) Structure Compensation standard (RMB/m2)

frame 1810

brick and concrete 1550 brick and timber 1320

simple 1090

(2) Compensation for demolition of non-residential houses built on collectively-owned houses shall be at full replacement cost (including land price).

Table 4-7 Compensation Standards for Demolition of Collective Non-Residential Houses (incl. land price)

Purpose of House Brick concrete structure

(RMB/m2) Brick –wood Structure

Hotels 1760 / Industry / 1459

(3) Demolition of other houses shall be compensated as per full replacement cost (excluding land price).

Table 4-8 Monetary Compensation Standard for Demolition of other Houses (exclu. Land price)

Types Standard (RMB/m2) Production supplementary houses 130-180 Breeding house (simple) 100

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2. Standards for demolition of houses with registered built on collectively-owned land (land price excluded)

(1)Compensation standards for houses with registered structures.

Table 4-9 Standards for replacement costs for demolition of houses built on rural collectively-owned land (land price excluded)

Type of residence

Frame Brick and concrete

Brick and timber

simple

standard (RMB/m2)

550 450 250 130

(2) .Compensation standards for houses with unregistered or incomplete title formalities.

Table 4-10 Standards for Demolition of Houses with unregistered Built on Rural

Collectively-owned Land (land price excluded)

Types Frame Brick Concrete Brick Wood Simple Standard (RMB/m2)

200 160 110 60

Sources: Article 5 of Ref. No.NGTZF[2005]1.

3. Standards for subsidies for demolition of the houses built on collectively-own land

Table 4-11 Standards for Moving Subsidies for Demolition of Houses Built on Collectively-owned Land

Items Unit Standard Remarks Non-residential house moving subsidies

RMB/m2 8 As per construction area

4.4.7 Houses of institutional units and working staff

Demolition of the residential houses of the working staff, if belonging to the category of house-reform, shall be compensated in the form of monetary compensation or the form of exchange of property rights. In this connection, the monetary compensation shall be based on the real estate evaluating price. If the compensation rate of the houses proposed to be demolished is lower than the lowest compensation unit price, the lowest compensation unit price shall prevail. In the form of exchange of property rights, the compensation rate for the demolished houses and the prices for the displaced houses shall be computed based on the real estate evaluating prices, of which, the price differences caused by such displacement shall be settled. Demolition of the office houses and storage houses shall be compensated at the full replacement cost, while the land

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belongs to the state’s ownership. In this case, the demolition unit shall pay to the displaced people the house demolition subsidies. Details are shown in Table 4-11, Table 4-12 and Table 4-13.

(1) Compensation standards for residential houses of working staff in institutional units (land price included).

Table 4-12 Monetary Compensation Standards for Demolition of Residential Houses

of Working Staff in Institutional Units (land price included)

Types of Structure Standard (RMB/m2) Remarks

Frame (reinforced) 1965

Brick concrete & pre-cast

slab 1650

House reform

(2) Compensation standards in form of replacement cost for demolition of other houses of the institutional units (land excluded)

Table 4-13 Monetary Compensation Standards for Demolition of other Houses of Institutional Units (land excluded)

Type of Houses

Frame

Structure

(RMB/m²)

Brick-concrete

Structure

(RMB/m²)

Brick–wood

Structure

(RMB/m²)

Simple

Structure

(RMB/m²)

Office buildings 800 700 500 —

Storage house 750 650 470 150

(3) Standards for house demolition subsidies for institutional units and working staff

Table 4-14 Standards for House Demolition Subsidies for Institutional Units and Working Staff

Category Items Unit Standard Remarks Temporary resettlement subsidies for residential houses

RMB/m²·month 6 Compensated as per

construction area

Subsidies for removal of residential houses

RMB/m2 8 As per construction

area Time-lost subsidies RMB/household.

time 150

Reward for advance moving

RMB/household 4000

Residence removal

Non-residential house moving subsidies

RMB/m2 8 As per construction

area

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Category Items Unit Standard Remarks Subsidies for obtaining house property titles.

RMB/each 200

Charges for relocating telephone, cable TV and broad band etc.;

RMB/household 500

4.4.8 Compensation standards for basic facilities and land-attachments

Table 4-15 Compensation Standards for Land Attachments

Types Units Standard (RMB/unit) Weir no. 50000 Pond (concrete) no. 20000 Dia. <10cm tree pcs 5-15 Dia. >10cm tree pcs 25-60 Dia. <15cm longan and lichee trees pcs 10-250 Dia. >15cm longan and lichee trees pcs 25-4000 Other fruit trees pcs 10-250

Notes: The compensation standards for fruit trees of different sizes differ a lot, which shall be followed flexibly according to Ref. No.NFF[2004]106, and therefore, breakdown of these standards are not listed in details.

4.4.9 Occupation of state-owned land of institutions

Occupation of state-owned land of some institutions by the project shall be compensated in the form of monetary compensation properly. According to Method of Guangxi Zhuang Autonomous Region on Implementation of Land Administration Law of the People’s Republic of China, as for the legal utilization of the state-owned agricultural, forest, animal husbandry and fishery lands by construction project, the land compensation and resettlement subsidies shall be at 70% of the amount compensated for the acquisition of same-category collectively-owned land; compensation for crops and land-attached structures in this connection shall follow the regulations as designated for acquisition of collectively-owned land.

4.4.10 Assistance policies for vulnerable groups

Besides the corresponding policies above, the affected vulnerable groups can also enjoy some other favorable policies such as:

The minimum resettlement area for the exchange of property rights for the demolished houses on the collective land for the affected people shall be 40m2 for 1-2 person household, 50m2 for 3-person household and 60m2 for 4 or above person household. If the compensation for the demolished houses of the affected people are insufficient to pay for the price differences for the minimum resettlement area, the resettlement shall be conducted as per the minimum resettlement area.

As for the demolition of the urban houses built on the state-owned land, if the displaced people are solitary, elderly, orphans and disabled who do not have other residing houses,

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the demolition unit shall provide resettlement houses for exchange of property rights, exempt the displaced people from paying the price differences for the deserved areas and partially reduce or exempt the price differences for the additional compensated area.

The laborers in the vulnerable families shall be provided with occupational training, various information and guidance for employment so that they can have more opportunities for employment.

During construction, vulnerable households shall enjoy the priority in getting jobs that do not require high skills.

The demolition unit shall assist and support to the extent possible the displacement of the vulnerable families.

Vulnerable households and “five-guarantee” households shall enjoy MLSS policies. 12

4.4.11 Assistance policies for floating population

Inform them in advance the necessary information relating to the land acquisition and demolition and adopt measures to assist them.

They shall be entitled to enjoy corresponding compensation (such as crops compensation, house demolition compensation, moving subsidies, moving time-lost compensation, etc.).

Eligible floating populations are allowed to buy economic houses or rent low-rent houses of Nanning City, or be assisted to find suitable living places.

The laborers shall be provided with occupational training, various information and guidance for employment so that they can have more job opportunities.

Children of eligible floating population are treated equally with the urban children in schooling. Poverty households shall enjoy reduction or exemption of book charges and miscellaneous expenses.

Those with living difficulties shall enjoy living guarantee policy provided by original local household-registered places.

Floating population who contract leased fish ponds or farmland, shall enjoy the same reasonable compensation that are given to the permanent population.

4.4.12 Support policies for ethnic minorities

Among the APs of this subproject, the floating population and ethnic minorities overlap with each other. Implementation of this project is good to the development of ethnic minorities who will enjoy the preferential policies for minority development.

As the Han people, they shall be entitled to enjoy corresponding compensation (such as crops compensation, house demolition compensation, moving subsidies and moving time-lost compensation etc.).

Eligible affected minorities may apply for economic houses or low-cost houses, or be helped to find suitable houses.

Minority labors shall be provided with occupational training, various information and 12 In urban area, the MLSS household shall be supported with living subsidies of RMB210/person each month. In rural area, the special poverty household shall be supported with living subsidies of RMB650/person each year; while for the “five-guarantee households”, the civil administration department will support with living expenses on monthly basis. Details refer to: Article 2, Article 9 of Ref. GZF[1997]9; Article 2, Article 3 of Ref. GZF[2001]; Article 1, Article 2 of Ref. GZF[2004]8, and; Article 2 of Ref. NFF[2004]83.

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guidance for employment so that they can have more job opportunities. Children of floating population are treated equally with the urban children in schooling.

Poverty households shall enjoy reduction or exemption of book charges and miscellaneous expenses; boarding difficult ethnic minority students shall also enjoy living subsidies.

Children of ethnic minorities will get additional 5-15 scores when they participate in entrance examination to middle schools and universities.

Those with living difficulties shall enjoy living guarantee policy provided by original local household-registered places.

Floating population, who contract leased fish ponds or farmland, shall enjoy the same compensation standards that are given to the local permanent population.

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4.4.13 Entitlements Matrix

Table 4-16 Entitlements Matrix

Affected Types

Degree of Impacts APs Entitlements Compensation Standards & Resettlement Plan

15 village groups of Chenxi, Silian, Xinxu and Hede villages

(1) Land requisitioned shall be compensated for on the basis of its original purpose of use. . (2) Compensation shall include compensation for land, resettlement subsidies and attachments and young crops on the acquired land. (3) Land compensation shall be owned by collective committee and shall be exclusively used in production rehabilitation, labor force resettlement. Misappropriation shall be prohibited.

As per Ref. No.NFF[2004]106, the rural collective committee will get a total of RMB41.65 million of land compensation and resettlement subsidies.

Affected rural households (223 households, 909 persons)

(1) Get crops compensation (2)Get resettlement subsidies; and (3) Get opportunities for compensation in the forms of industrial land, subsidies in kind, self-seeking jobs and MLSS subsidies;

1. APs may get crops compensation of about RMB1.45 million (standards as per Ref. No. NFF[2004]106).

2..APs will, get RMB 36.3 million of resettlement subsidies; 3. Local population will get average 40 ㎡ of industrial land each person. 4. Five-guarantee households and poverty households will enjoy MLSS policy. 5 Get RMB25000 subsidies if in the form of self-seeking jobs.

Permanent

Acquisition of rural collectively-owned land 507mu, river-course land 1230 mu

Floating population: 51 households, covering 204 persons (over 3 years of renting land).

(1) Provision of compensation for standing crops. (2)Provision of free skills training and employment information and guidance. (3)Provision of the same reasonable compensation that are given to the permanent population

1. Get compensation of about RMB1.37 million for standing crops from land renting (standards as per Ref. No. NFF[2004]106).

2. Those losing jobs may be employed in the project construction on temporary basis.

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Affected Types

Degree of Impacts APs Entitlements Compensation Standards & Resettlement Plan

Temporary land occupation

Temporary occupation of collectively-owned land 37mu.

Affected households: about 20 households, covering 55 persons.

(1) Get compensation for temporary land occupation; (2) To be recovered by construction unit.

Dry land compensation: RMB1500/yr. mu × 15 mu × 1yr = RMB22500. Vegetable land compensation: RMB3000/yr. mu × 22 mu × 1yr = RMB6600.

Ownership: 2 collective & 10 individual, totally 27 persons.

Non-residential house: (1) Monetary compensation; (2) Non-residential house moving subsidies.

Totally about RMB4.10 million of house compensation (details refer to summary estimated compensation), benefited by local residents.

Demolition of rural houses

Rural house area 8277m². Floating

population (lessee): 153 households, totally 527 persons.

(1) Entitlement to gain corresponding compensation. (2) transition and moving allowances (3) assistance to apply for economic houses, (4) arrangement of low rental housing (5) arrangement of rental spaces for commercial activities.

Be compensated with house demolition compensation, moving subsidies, lost-time subsidies and temporary transition subsidies, being at the standards as the above.

Institutional units (4 units)

Permanent occupation of state-owned land: 375mu; house demolition: 14850 ㎡.

4 institutional units affected, totally 141 households of 435 persons.

(1) land acquisition compensation; (2) house demolition compensation at replacement cost; (3) Temporary transition subsidies; (4) Residential house removing subsidies; (5) Removal time-lost subsidies; (6) Removal charges for telephone, cable TV and broad band etc.; (7) Reward for advance removing; (8) Subsidies for obtaining house property titles; (9) Moving subsidies for non-residential houses.

1. RMB45.26 million of land and crops compensation, belonging to the institutional units; 2. RMB25.25 million of house compensation, managed by units for house reconstruction. 3. RMB1.27 million of other subsidies or compensation,

belonging to affected individuals.

Vulnerable groups

Loss incurred by loss of land

23 poverty persons; 16 women-headed

Besides the corresponding policies above, the affected vulnerable groups can also enjoy some other favorable policies such as:

1. Poverty disabled and solitary elderly can enjoy rural MLSS at annual subsidies of RMB625/person; urban poverty vulnerable households can receive monthly

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Affected Types

Degree of Impacts APs Entitlements Compensation Standards & Resettlement Plan

households; 11 solitary elderly; 6 disabled.

(1) The minimum resettlement area for the exchange of property rights for the demolished houses on the collective land for APs; (2) As for the demolition of houses built on the state-owned land, APs shall enjoy MLSS or exchange of property rights; (3) Provision of occupational training and employment information; (4) The demolition unit shall assist and support to the extent possible the displacement of the vulnerable groups. (5) Be eligible to receive the profit shares from the collectively-own commercial operation.

MLSS subsidies of RMB210 per capita. 2. Enjoy the policies for economic houses and low-cost houses; 3. Given priority in job opportunities; 4. Special favors given to households headed by women. 5. All vulnerable groups are eligible to receive profit shares generated from collectively-own commercial operation.

Ethnic Minorities

LA & demolition impacts

Initial identification of affected ethnic minorities 82 persons

Besides the corresponding policies above, the affected vulnerable groups can also enjoy some other favorable policies such as: (1) The minimum resettlement area for the exchange of property rights for the demolished houses on the collective land for APs; (2) As for the demolition of houses built on the state-owned land, APs shall enjoy MLSS or exchange of property rights; (3) Provision of occupational training and employment information; (4) The demolition unit shall assist and support to the extent possible the displacement of the ethnic minorities.

1. Poverty minority households may enjoy rural MLSS policies, with annual subsidies of RMB625/person.

2. Poverty minority households may enjoy the policies for economic houses and low-cost houses; 3. Transferred ethnic minorities have the priority in getting work placement. 4. Children of poverty ethnic minority households will get additional 5-15 scores when they participate in entrance examination to middle schools and universities, be exempted from paying tuition fee or miscellaneous expenses, and get living subsidies.

Infrastructure facilities and land-attached structures

/ Owners Compensation to the property owners by IA.

Compensation at full replacement cost

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5 Resettlement Rehabilitation Plan

5.1 Objectives of resettlement and principle of planning

5.1.1 Guideline

The guideline for resettlement is: On the basis of “the people” as the foremost, and in accordance with the State’s laws, regulations and policies, plus the local regulations and policies, the project will start from high-standard, high starting-point and high requirement to practically undertake the resettlement. The affected people will restore to the normal production and living levels that are no less than those they had before the project construction. Ultimately, it will provide APs with a harmonious and sustainable production and living environment for the affected people in the project areas.

5.1.2 Objectives of resettlement

The compensation and resettlement policies are formulated on the basis of Chinese laws and regulations, as well as the policy of Asian Development Bank. The objectives of resettlement are:

Minimize the negative impacts of the project on production and living of APs according to the principle of “human foremost”.

Rehabilitate the income and living standards of APs after land acquisition, so that the negative impacts of the project on their social and economic activities can be minimized.

Emphasize the entitlements of the poverty population, vulnerable groups and women, reasonably take care of their accommodation and daily life so that they can improve their living standards.

5.1.3 Principle for resettlement

In order to improve the living standards of rural people, the strategy is to adopt multiple channels and layers for resettlement. Based on the relevant laws and regulations of the State and the ADB’s relevant policies and guidelines for involuntary resettlement, the rural resettlement of this subproject shall follow the following principle. (1) Reasonable compensation. This is to practically carry out the laws, regulations and policies of the State and the local government, scientifically formulate the compensation standards and make reasonable compensation to the people affected by land acquisition and demolition. (2) Coordinating development. The resettlement plan shall be in coordination with the urban planning, social and economic development planning of Nanning city. (3) Public participation. The affected people shall participate in the discussion, hearing, negotiation of the formulation of the resettlement scheme and compensation standards, so that the legal entitlements of the affected people can be safeguarded to the possible maximum extent. (4) Multiple means of resettlement. Based on the urban development and land utilization, this is to develop more channels for employment through combining with the

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industrial adjustment. (5) Resettlement in nearby area. Some villagers needed to be relocated shall be settled locally by allowing reconstruction of residential houses in the same village.

5.2 Emphasis of resettlement

5.2.1 Focus of resettlement

Focus of resettlement of this subproject: residence resettlement, production resettlement and employment resettlement.

Focus villages for resettlement: According to the degree of impacts by the project, the key villages for resettlement under this subproject are Chenxi village, Keli natural habitat of Silian village, Gantang natural habitat of Xinxu village.

Focus enterprise and institutions for resettlement: According to the degree of impacts by the project, the key enterprise and institution of this subproject is Guangxi Agricultural Occupational College.

Focus targets for resettlement: rural people who have lost their lands, the vulnerable groups and floating population.

5.3 Village rehabilitation plan13

The land acquisition of this subproject will affect 5 villages14. The total area of land acquisition is 507mu, including 412mu of cultivated land, 45mu of other agricultural land and 50mu of house sites. Among these villages, Chenxi village is most seriously affected by acquisition of cultivated land, reaching an impact rate of 33.7%; the least affected in this connection is Hede village, accounting for only 1%. Details are shown in Table 5-1. Demolition of rural houses shall affect Chenxi village and Silian village, totally 8277m², of which, 5867m² for Chenxi village, accounting for 70.88%; 2410m² for Silian village, accounting for 29.11%. Therefore, Chenxi and Silian villages are more affected, which shall be emphasis for resettlement of this project.

Table 5-1 Impact Analysis for Land Acquisition

Before LA LA Impacts

Affected Village

Nos. of

Households

(nos)

Nos. of

persons

(person)

Cultivated

Land

(mu)

Households

(nos)

Persons

(nos.)

Cultivated

Land

(mu)

Impact

rate of

cultivated

LA (%)

Land

Compensation

(RMB10,000)

Resettlement

Compensation

(RMB10,000)

Chenxi 356 1190 505 102 408 170 33.7 160.7 1505.4

Silian 860 3475 3288 23 95 9015 2.7 127.6 880.4

Xinxu 785 3113 1410 65 266 120 8.5 113.4 1062.6

Hede 868 3848 1120 15 66 12 1.0 11.3 106.3

Ximing 450 1538 416 18 74 20 4.8 18.9 79.1

Total 3319 13164 6739 223 909 412 431.9 3633.7

13 Because the land in river courses have not been identified to each village before, those affected land compensation can not be divided into each village , the further survey will be done during the DMS, and then the utilization and rehabilitation plan will be reported to ADB later on by M&E organization. 14 Village is minimal unit in suburb of Nanning city. 15 Exclude the other land 45 mu .

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After discussion with affected villages and APs, except Silian village, land compensation will be disbursed to affected village directly, and at the same time, resettlement subsidies will be delivered to APs. Since Silian village will re-organize the lands according to the existing population of the village, land compensation and resettlement subsidies will be used by Silian collective committee on the basis of villagers’ representative conference.

Land compensation contractual agreements will be signed with the village committee and APs to confirm Aps acceptance of the use of funds and the proposals .

5.3.1 Rehabilitation plan for Chenxi village

(1) Project impacts

The present total cultivated land of Chenxi village is 505mu, and this subproject will acquire 170mu, accounting for 33.7%, occupy 8mu of cultivated on temporary basis. In addition, the subproject will also acquire about 50mu of house sites. There are 468 persons affected by land acquisition, of which, 408 persons are the local villagers that accounts for 32% of the total population of the village. Details are shown in Table 5-2.

Table 5-2 Summary of Impacts Caused by Land Acquisition

Area of LA (mu) APs (household/persons) Village / Institution Permanent

LA

Temporary Land

Occupation

House Sites

Local Population

Floating Population.

Chenxi Village

170 8 50 102 408 13 60

Potential risks: (i) Income decrease of the collective groups. The collective lands to be acquired by the subproject have been leased to floating population, and thus the annual rental income will decrease over RMB50000; the collective houses of total 800m² to be demolished will decrease operational income of about RMB80000. The total sum of decrease will be RMB130000, averagely per-capita RMB102. (ii) Income decrease of some villagers. The subproject will demolish 5067m² of houses, which will lead to a decrease of rental income of over RMB200000 each year, averagely per-capita about RMB800. (iii) Floating population will lose their rent houses. After demolition of the shelters along Xiangsihu lake, 426 floating population have to rent other houses. Details are shown in Table 5-3. (iv) Some floating population will lose temporarily their jobs due to demolition of the stores.

Table 5-3 Summary of Impacts Caused by Land Acquisition

Demolished Area (m2) APs (household/persons) Village / Institution

Collective Houses

Other Individual Houses

Total Local Population Floating Population.

Chenxi

Village 800 5067 5867 9 23 121 426

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(2) Gender impacts.

Project construction will cause negative impacts on different genders. As for the male, they will lose the places where they undertake aquatic cultivation and where they do the business of repair and transportation. While as for the female, those who engage in services such as hair dressing, catering and stores nearby Xiangsihu Bridge will lose their jobs, and thus their incomes will decrease.

(2) Requirement of APs on resettlement.

In terms of land acquisition compensation, the sample survey showed that there were 48.35% of households preferring the monetary compensation, 17.58% households preferring compensation in the form of land-equity share, 20.18% households hoping to increase the amount of compensation, 9.89% households preferring to be provided with employment and 4% households simply answering no-idea. In terms of house demolition, the survey showed that there were 58.24% of households preferring direct monetary compensation, 28.57% households preferring collective development of reserved industrial land, 9.89% households preferring exchange of property rights and 3.3% households simply answering no-idea. Floating population prefer monetary compensation.

(3) Targeted groups of resettlement.

(1) Local population. There are totally 111 households covering 431 persons affected by land acquisition and demolition, among which, 102 households of 408 persons are affected by land acquisition and 9 households of 23 persons are affected by house demolition. The emphasis of resettlement shall be placed on how to restore their income levels.

(2) Floating population. There are totally 134 households covering 486 persons affected by land acquisition and demolition, among which, 13 households of 60 persons are affected by land acquisition and 121 households of 426 persons are affected by house demolition. They are the emphasis for resettlement.

(3) Vulnerable groups. Few vulnerable households are affected in this village.

(4) Restoration measures

The whole process of resettlement can be roughly divided into two stages. The first stage is to develop some interim or temporary measures for the income restoration before the proposed resettlement plans can generate economic benefits. Normally, this stage will require about 20 months. Such measures will help the APs to pass the difficult transitional period. The second stage is to adopt the sustainable measures for income restoration, i.e. a relatively long term restoration plan.

Interim resettlement plan and measures

◇ Compensation for standing crops.

Before land acquisition, the lands of Chenxi village are mostly contracted to floating

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population who mainly engage in growing vegetables and seedlings. According to the estimation, after land acquisition, the total crops compensation will be RMB0.595 million, which will be directly paid to the lessees (floating population), average per-capita RMB980 for the 13 affected households. As such, they can use this compensation amount to restore their living and re-employment (which will be elaborated later in this RP). If as per the MLSS level of RMB210 / person a month of Nanning City, this compensation can last for over 4 months.

◇Temporary transition subsidies

The displaced households of Chenxi village will be compensated with temporary transition subsidies. This village belongs to Category-I area in Nanning city, according to the Ref. NFF[2004]106, a household of three members will get RMB400 transition subsidy each month, a family of 4 members will get RMB500/month, a family of 5 members will get RMB600/month, while a family of 6-8 members will get RMB700-800/month.

◇ Business-ceasing transition subsidies

As for the demolition of the industrial-purpose houses, the local villagers and floating population will be compensated with business-ceasing transition subsidies. The compensation standard will be a lump-sum amount for six months of the 10% of the monthly sales turnover or the production value (verified by the tax receipt).

◇ Assisting APs to re-open business and get temporary employment.

The IA will assist the tenants and the workers to rent industrial-purpose houses nearby Xixiangtang area, so that they can reopen their business and employ the workers. Relevant measures refer to the resettlement measures for floating population.

◇ Restoration measures for temporary land occupation.

(i) Compensation for standing crops. Method of calculation: Compensation will be made as per half year if the period of temporary occupation is over 3 months but less than a half year; compensation will be made as per one year if the period is over a half year but less than one year. The temporary land occupation of Chenxi village will be 8 mu, and the compensation will be computed as per 2 years, totally RMB49,000 of crops compensation. The APs can use this compensation to improve production or solve the living problems during the transition period.

(ii) As for the tenants who have lost land (mostly of floating population), the IA will temporarily assist or arrange them to engage in the secondary and tertiary industries in nearby places for the purpose of increasing their incomes.

(iii) As for the soils and irrigation facilities that may be damaged by the temporary land occupation, the IAs will recover the soil quality and irrigation facilities to the original levels before hand-over. The estimated cost for such recovery will be about RMB5200/mu, which shall be paid by the IAs. If the farmlands cannot be restored to the original output properties, such land will be compensated as per permanent land acquisition.

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Sustainable restoration plan and measures

◇ Monetary compensation. Based on estimation, Chenxi village will be compensated a total amount of RMB17.66 million for permanent land acquisition and land acquisition subsidies, RMB1.336 million for demolition of collectively-own houses, totally RMB18.99 million. As a fact, the accounting of this village is based on the collective committee. After discussion with the villagers’ committee, the villagers prefer to adopt the means of monetary compensation.

◇ Development of industrial land.

The population of this village is 1270 persons. Computed as per averagely per-capita 40m²of industrial land, there will be 77mu of reserved industrial land. In 2003-2004, construction of Diyuan road had requisitioned some land from the village, and 44mu of industrial land has been assigned on which commercial buildings have been built. By now, the village still has 33mu of quota for reserved industrial land. After implementation of this subproject, in 2007, the villagers’ committee plans to utilize the land compensation to build a commercial building of 12000m²nearby Guangxi Banking College and Xixiangtang agricultural market located in the southern section of Daxue road. The estimated total investment is about RMB19 million. At present, the villagers’ committee has already submitted this plan to the government for approval. The whole process for construction of the building will require about 20 months (from project identification, approval, start, commissioning and profit-generating). Accordingly, this interim period is about 20 months. After completion of this building, it will be rented out at the rate of about RMB16/m², and thus the estimated annual rental income will be over RMB2.3 million. With only this, the average per-capita of the whole village will increase RMB1800. If plus other incomes, the estimated average per-capita annual income will be over RMB4000, increasing 30% than that of 2004. The rental incomes from the commercial buildings and the share distribution shall be distributed to the villagers and under the supervision of the local village committee and the government of Xixiangtang District. Such will help the APs to get their legal share of incomes.

◇ Complementary measures

In order to adapt to the development, maximize employment and minimize the impacts on the village, training will be provided for the villagers, mainly targeting to the middle-aged and young people, especially women. The contents will mainly cover real estate management, business management, logistics and warehousing management etc., so that the villagers may engage in the jobs or real estate management, warehouse, wholesale, etc. The estimation shows that there will be a great demand of the above professions, and the employment rate will be increased after training. The training plan will cover 360 persons, averagely RMB100 for each person. The total cost in this regard shall be RMB36000 that will be jointly borne by the villagers’ committee and IA.

Demolition resettlement plan and measures

◇ Monetary compensation.

House demolition will affect 9 local households covering 23 people of this village. However, the survey showed that, all these people, whose houses needed to be

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demolished, live in the village with an average living area of over 25m², while the houses to be demolished on the banks of Kelijiang river are mostly leased out to the floating people. Therefore, after demolition, the villagers will not have difficulties in residing because they have other houses. Based on the negotiation with them, they do not have the requirement of reconstruction but need monetary compensation. According to the estimation, these APs will get a total sum of RMB1.0134 million of demolition compensation, moving subsidies, time-lost subsidies, averagely RMB112000 each household. They will use these funds to develop tertiary industry to restore their incomes, or improve the existing houses. Based on investigation, five households will use such sum to develop tertiary industry through increasing the investment on family business so that they can increase their incomes. The other four households will make investment on house construction to improve their living standard along with the proposed program of “construction of village within city”.

◇ Construction of village within city.

In line with the urban development planning, all lands of Chenxi village will be acquired in future, and so the development scope of the village will be limited. However, in the development of Xiangsihu New District, a program of “construction of village within city” is initiated, and Chenxi village is a component of it (Refer to Appendix I). By then, the residential houses of the villagers shall be incorporated into the program of “construction of village within city”. Those villagers who need reconstruction of houses will be arranged in the new village. As known from the survey, these houses to be demolished mostly belong to brick-wood structure, for which, the compensation rate shall be RMB1520/m². Yet, according to the estimation as mentioned in the program of “village within the city” of Xiangsihu New District, the cost price for these new houses shall be RMB1033/m², and therefore, the funds for house reconstruction for these displaced people can be ensured. However, implementation of the program of “village within the city” is a complicated process that needs a wide-spread involvement from the villagers and the local government in planning and preparation before commencement.

◇Resettlement plan for floating population.

The floating population living nearby Chenxi village can be classified into four categories:

(i) Business operators who rent houses. This group belongs to business operators who have the characteristics that the rental houses are used both as the residing places and business shops. The major risks brought by the project construction are dual, both of ceasing production and losing residing places. Thus, their incomes will decrease. The resettlement methods are: Firstly, moving subsidies, production-ceasing subsidies, transition subsidies shall be made. In addition, in short term, they can find new stores to reestablish their business nearby Xixiangtang agriculture market with the help from IA and concerned departments, and in long term, they can enjoy the priority in renting the stores after completion of the commercial buildings of Chenxi village. Secondly, if the new stores are unsuitable both for doing business and residing, they will be assisted to contact houses for rent.

(ii) Employees who rent houses. Most people of this group are single, accounting

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for about 70% of the total floating population in this area. Normally, they have temporary jobs nearby Xiangsihu lake and also rent houses nearby. After house demolition, they will face the problems of without residing places or even losing jobs also due to the house demolition of their employers. Therefore, the IA will assist or guide them to rent houses in Chenxi village or nearby. The fact is that, the houses for rent in Chenxi village are mostly of frame or brick-concrete structures. So the living environment is better than that of previous rent houses, but the rent rate is about RMB0.5/m² higher. Normally, the monthly rent expenses of the floating population will increase about RMB10, which, the floating population express that they have the affordability. As for the floating population who lose their jobs, especially the female engaging in services, the IA will provide with employment information for them till they are employed again. Some floating population with better education background have been working in the city for years, and so they have some financial accumulations. These people will also find other ways of getting jobs. After house demolition, they will transfer to other places to find jobs and rent houses. As for these people, the IA will assist them to find new jobs and rent houses.

(iv) Resettlement in original household registered places. All floating population are basically in dualistic nature. They have contracting farmland, residential houses and properties in the countryside, while at the same time, they have temporary low-pay jobs in city through renting houses. Their purposes to work in the urban area are not to reside and work permanently in the city but to experience the urban life. Therefore, after house demolition, they will go back to their hometowns doing business if they find the living conditions and incomes are unsatisfactory. In their views, the production and living standards in their hometowns are not inferior to those in urban areas.

(iv) Floating population eligible to applying for economic houses and low-cost houses. In this regard, the IA will assist them to apply. According to the prevailing policies of Nanning city, the labor forces coming from other places who are employed by local organs, institutions and enterprises and who have signed minimal 1-year labor agreements according to the policies of departments of personal affairs and labor force, plus the households of housing difficulties with average living area of less than 15m² per person, shall be eligible for applying for economic houses and low-rate houses. According to the survey, the number of floating population conforming to this policy is limited, however, the IA will continue to give concern to these floating population and help them to apply for economic houses and low-rate houses.

5.3.2 Rehabilitation plan for Silian village

(1) Project impacts

In this subproject, land acquisition and demolition only affect Keli natural village of Silian Village. Therefore, the rehabilitation plan for Silian village herein will focus on Keli natural village. The subproject will acquire: 90mu of vegetable land from this village, accounting for 10% of the total 900mu of cultivated land of Keli natural village; 45mu of other agricultural (wood land), and; 11mu of temporary occupation (7mu of vegetable land, 4mu of dry land). There are totally 23 local households of 95 persons being affected by land acquisition, accounting for 6.98% of the total 1360 population of the village. Nine floating households of 33 persons will be affected in this regard. The subproject will

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demolish 2410m² of various houses, which mainly include the collectively-owned brick factory and its attached structures (incl. some simple shelters for workers). In addition, the simple shelters such as the sheds for raising pigs and ducks will be also removed. There will be one local household of 4 persons and 11 floating households of 42 persons who will be affected by demolition.

Potential risks: (i) Income decrease of the collective groups. After land acquisition, the annual income of the village will decrease RMB108000; and, after demolition, the income from the contracting charges of the brick factory will also decrease over RMB40000. Therefore, the annual average per-capita decrease of income will be RMB108. (ii) Income decrease of households of animal husbandry. In the village, there are 3 households who raise pigs by the lake, with annual production of over 300 pigs and a value of nearby RMB300 thousand. After land acquisition and house demolition, the annual income will decrease an amount of about RMB40000. (iii) About 30 workers of the brick factory will have to transfer their employment to another enterprise. .

(2) Requirement of APs on resettlement.

In terms of land acquisition, the survey showed that 41.38% of the households preferring monetary compensation, 30.59% households preferring reserving land for the tertiary industrial development, 12.94% households preferring provision of jobs and 12.59% households simply answering no-idea. In terms of demolition compensation, the survey showed that, there were 48.24% households preferring monetary compensation, 22.94% preferring re-construction as a whole by the IA, 17.06% households preferring exchange of property rights and other households simply answering no-idea.

(3) Village rehabilitation measures

Interim production restoration plan and measures

◇ Compensation for standing crops

Compensation for standing crops will be directly paid to the owners who contract the land. The total amount in this regard will be RMB350 thousand, averagely per-capita RMB3864 for the APs. The villagers can use this compensation to solve the problems of living and production. According to the local living condition, the affected farmers are basically self-supplied with grains, vegetables, chickens, ducks and fuels. The monthly living expenses will be only on buying pork, fish, edible oil and salt, normally at RMB100/person each month. Therefore, the above crops compensation, except that spent on re-production, the balance will be enough to pay for the living expenses for a whole year.

◇ Business-ceasing transition subsidies

As for the demolition of the industrial-purpose houses of Keli village, including the shelters for pig raising and brick field, the local villagers and floating population will be compensated with business-ceasing transition subsidies. The compensation standard will be a lump-sum amount for six months of the 10% of the monthly sales turnover or the production value (verified by the tax receipt).

◇ Restoration measures for temporary land occupation.

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(i) Compensation for standing crops. The temporary land occupation of Keli village will be 11 mu (including 7mu of vegetable land, 4mu of dry land), and the compensation will be computed as per 2 years, totally RMB61,000 of crops compensation. The APs can use this compensation in production expansion or solve the living problems during the transition period. Due to the short duration of temporary land occupation, normally, the farmers will increase their incomes through agricultural input to ensure their living standards during the transitional period.

(ii) As for the farmers who have lost land, according to the labor requirement, the IA will temporarily assist or arrange them to engage in the secondary and tertiary industries in nearby places for the purpose of increasing their incomes.

(iii) As for the soils and irrigation facilities that may be damaged by the temporary land occupation, the IAs will recover the soil quality and irrigation facilities to the original levels before hand-over. If the farmlands cannot be restored to the original output properties, such land will be compensated as per permanent land acquisition.

Sustainable restoration plan and measures.

◇ Land readjustment

By now, Silian village implements such a system in recent years that all land compensation and subsidies arising from land acquisition will be administered collectively, as agreed by the groups and household representatives. As for those affected by land acquisition, the village will re-organize the lands according to the existing population of the village to secure that everyone has land. In this way, those who have lost their lands will also gain the land operational rights. Such system helps land-losing people to restore the production and living standards. The estimates showed that, the village currently has 900mu of cultivated. After land acquisition of this subproject, there will be left over about 810mu, averagely per-capita 0.6mu. If computed as per the local unit production value, the annual production value will reach RMB4000/mu (paddy rice – vegetable – paddy rice, or sugar cane), indicating average per-capita production value of RMB2400. Such will be sufficient to settle the problems of living.

◇ Industrial development.

The estimated permanent land acquisition compensation and subsidies for Silian village shall be RMB10.08 million that will be under the unified management by the collective committee. In this way, any expenses shall be approved by two-third of the villages’ conference. At present, the villagers’ committee is planning to utilize the compensation in the tertiary development. There are two schemes for industrial development: (i) Construction of commercial building; (ii) Construction of apartment building. These selected schemes shall be finalized by the local villager’s committee and resettlement departments. The village may choose one option.

1) Construction of commercial building. In order to restore production, the villagers’ conference intends to concentrate the land compensation and resettlement subsidies to undertake the tertiary industrial development. It is planned to invest about RMB10 million to build comprehensive commercial building in the suitable place nearby Xiangsihu New District. The construction area is 8000m². If computed as per 25m² each, there will be

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totally 320 stores that will be leased out to secure the gradual increase of the collective and villager’s incomes. In this regard, the annual income will reach RMB1.92 million based on annual rental of RMB6000 each. Therefore, based on the current population, each villager will annually receive additional income of about RMB1400.

2) Construction of apartment building for leasing. With the development of Xiangsihu New District, Keli village will turn from a rural village into a village within the city. With the expedition of the urbanization, the floating population in Xiangsihu New District will increase, especially the neighboring students and floating population. The estimated figure in the coming five years of those who need to rent houses will reach about 30000 persons. Therefore, by utilizing this advantage, Keli village can make use of the land compensation and resettlement subsidies to construct a eight or nine-storied apartment building for leasing, from which, stable rental income can be ensured. The construction area shall be the same with that of commercial building. In this connection, there will be 150 apartments, and the annual rental income will reach RMB1.08 million (RMB600/month each), averagely per-capita nearly RMB800 each year.

The commercial buildings of the village will be rented out. The rental incomes from the commercial buildings and the share distribution shall be disclosed to the villagers and under the supervision of the local village committee and the government of Xixiangtang District. Such approach will help the APs to get their legal share of incomes. Normally speaking, from the submission for approval to the completion and profit-generation of a commercial building will require a period of about 20 months. Therefore, the APs will get stable income source about 2 years after LAR.

◇ Technical training.

In order to improve the working ability of the villagers, after discussion, it is planned to offer technical training for the middle aged and the young villagers within 2 years, covering the contents of new and high agricultural technologies, intensive operation, etc., thus to improve their laboring technologies and skills. Major contents will be real estate management, hotel management and business knowledge, so that the villagers may engage in the jobs of real estate and hotel management. In this regard, after completion of commercial building or apartment building, they will need about 60 managerial staff. Therefore, the initial training will be provided to 60 persons (50% women), which will require about RMB6000 that shall be jointly borne by the villagers’ committee and IA.

Demolition resettlement plan and measures

◇ Monetary compensation.

Keli brick factory is the major target of demolition by this subproject. The factory is collectively owned. After discussion with Keli village, no reconstruction is required. The village prefers monetary compensation, including the subsidies for ceasing production. Demolition of the unregistered simple structures built along both banks of Kelijiang river, such as the shelters for breeding pigs, ducks, etc., will be compensated in the forms of monetary compensation or subsidies, no re-construction will be made. The APs can reestablish their business after getting compensation.

◇ Resettlement of floating population.

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The floating population affected by demolition are the 30 workers of brick factory. After demolition of the factory, the contractor will contract another brick field nearby Nanning city and continue to employ these workers and their spouses. Therefore, the resettlement of these floating population in the village will be solved. In addition, the other affected people who engage in breeding have found initial intents to continue their business in the nearby suburb of the city.

5.3.3 Rehabilitation plan for Xinxu village

(1) Project impacts

At present, Xinxu village has 1410mu of cultivated land. The permanent land acquisition of the subproject will be 120mu (paddy fields and vegetable land), accounting for 8.5% of the total figure. In addition, the subproject will temporarily occupy 13mu of land (10mu vegetable land and 3mu of dry land). There are 65 households inclusive of 266 people affected by the subproject, accounting for 8.54% of the total 3113 population of the village. If computed as per the unit production value of cultivated land, permanent land acquisition will annually cause about RMB240000 decrease of income to the village, averagely per-capita RMB77. No house demolition will occur to this village.

(2) Resettlement requirement

The sample survey indicated that, in terms of land acquisition compensation, there were 45.95% of the rural households preferring monetary compensation, 13.51% households preferring reserving tertiary industrial land for development, 25.68% preferring increasing the compensation standards so that they can seek jobs by themselves, 15.86% preferring provision of employment.

(3) Village-level restoration plan and measures

Interim production restoration plan and measures

◇ Compensation for standing crops.

This subproject will acquire 120mu of vegetable land from Xinxu village, for which,

the compensation will be RMB0.42 million. The average per-capita compensation will be

RMB1578 for the total 266 APs. The villagers can use this compensation to solve the

problems of living and production. According to the living standard of this village, the

affected farmers are basically self-supplied with grains, vegetables, chickens, ducks and fuels.

The monthly living expenses will be only on buying pork, fish, edible oil and salt, normally at

RMB100/person each month. Therefore, the above crops compensation, except that spent

on re-production, the balance will be enough to pay for the living expenses for a whole

year.

◇ Restoration measures for temporary land occupation.

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(i) Compensation for standing crops. The temporary land occupation of this village

will be 13 mu (including 10 mu of vegetable land, 3 mu of dry land), and the compensation

will be computed as per 2 years, totally RMB 79,000 of crops compensation. The APs can

use this compensation in production expansion (such as increasing the agricultural input to

increase the income), or solve the living problems during the transition period.

(ii) As for the farmers who have lost land, if they have the willingness of labor transfer,

the IA will temporarily assist or arrange them to engage in the secondary and tertiary

industries in the High-tech district for the purpose of increasing their incomes.

(iii) As for the soils and irrigation facilities that may be damaged by the temporary land occupation, the IAs will recover the soil quality and irrigation facilities to the original levels before hand-over. If the farmlands cannot be restored to the original output properties, such land will be compensated as per permanent land acquisition.

Sustainable restoration plan and measures

There will be no house demolition in this village, and thus only production resettlement is required. In this connection, the restoration plan and major measures are as the follows:

◇ Tertiary development. In order to restore production, the affected villagers’ groups, after discussion, would prefer to concentrate the land compensation and resettlement subsidies for investment. They intend to build suitable commercial apartment buildings in the core area of Xiangsihu New District to be leased out by the villagers’ groups, from which, the rental income shall be used to assist the affected people so that they can restore their production and livelihoods. Accordingly, the estimates show that this village will get a total compensation for permanent land acquisition of RMB11.76 million, which if used to construct building, shall be adequate to build over 500 stores for leasing. In this connection, the annual total rental income, if all leased out, shall reach RMB1.5 million, i.e. annual average per capita of the affected people shall be about RMB500.

The commercial buildings of this village will be rented out. The rental incomes from the commercial buildings and the share distribution shall be disclosed to the villagers and under the supervision of the local village committee and the government of Xixiangtang District. Such approach will help the APs to get their legal share of incomes. Normally speaking, from the submission for approval to the completion and profit-generation of a commercial building will require a period of about 20 months. Therefore, the APs will get stable income source about 2 years after LAR.

◇ Self-seeking jobs. The agricultural population to be resettled shall enter self-seeking job resettlement agreement with the rural collective economic organization. In this case, the land acquisition resettlement subsidies shall be divided by the agricultural population to be displaced, out of which, the average resettlement subsidies shall be given. In addition, they may get an amount of RMB25000 each person of the self-seeking job subsidies from the land acquisition and demolition unit.

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◇ Provision of jobs and training. The survey shows that, some villagers hold the views to improve the labor skills of the villagers through necessary technical training so that they can restore their production and living. The village will develop the tertiary industry in building over 500 commercial units. If one person manages 10 units, such will provide with 50 job vacancies, accounting for 19% of the total affected people, presumably half respectively for male and female young people. Therefore, the training provided by the project implementing agency shall contain real estate management, hotel management and commercial techniques.

5.3.4 Hede village and Ximing village

(1) Project impacts

Hede village is both affected by Kelijiang subproject and Xinxujiang subproject. However, it is more affected by Xinxujiang subproject, which will be more illustrated in the RP for Xinxujiang subproject. For more explicit description, the impacts on these two villages are combined in this section. The subproject will acquire 12mu of vegetable land from Hede village and 20mu of dry land from Ximing village, respectively accounting for 1.0% and 4.8% of the total figures of the two villages. No houses in these two villages shall be demolished.

(2) Resettlement requirement.

In terms of land acquisition, there were 41.38% of the rural households preferring monetary compensation, 13.79% households preferring reserving land for the tertiary industrial development, 20.69% households preferring provision of jobs and the rest households simply answering no-idea.

(3) Restoration measures

In the survey in Hede village and Ximing village, after consultation with the villagers’ committees and villagers, the village level restoration plans are:

◇ Interim measures. (i) The crops compensation will be used to cover the productive and living expenses during the transitional period. According to the estimation, these two villages will be totally acquired 22mu of land, from which, the crops compensation will be RMB72,000, average per-capita RMB514 among the APs. Except the amount used in productive input, there will be about RMB300 that can be used to cover the living expenses for three months. This is because these two villages still have other industrial incomes, and the impacts are not concentrated on some individual households. Therefore, the APs will not face the degrading of their living standards due to the project implementation during the transitional period. (ii) The APs with difficulty will be arranged by the IAs to engage in the non-skill works during construction period of the project, so that they can get temporary incomes.

◇ Industrial development. In a long run, these two villages should develop the tertiary industries to ensure the sustainable development. Hede and Ximing villages are located in the advantageous central area of Nanning New & High-tech Industrial Development Zone and Xiangsihu New District. According to the resettlement policies of Nanning city, they can concentrate the land acquisition compensation to invest on the

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construction of economical commercial apartments for leasing. These economical commercial apartments shall be managed the villagers’ groups, from which, the rent income shall be shared by the affected people. The estimated permanent land acquisition compensation for Hede village shall be RMB1.17million, and for Ximing village RMB0.98 million. According to the local average construction costs, such funds shall be adequate for constructing 20 commercial units, from which, the annual rental income if all leased out shall be RMB0.12 million, i.e. the annual average per-capita income shall be about RMB900 for the 140 APs.

◇ Employment and training. The 20 commercial apartments under the category of tertiary industrial development shall provide jobs for 4 persons. Therefore, the affected people shall be trained in the aspects of real estate management and hotel management, which shall be organized by the IA.

5.4 Measures for supporting people affected by temporary land acquisition

The total area of temporary collective land occupation by the project shall be 37 mu, Including 22 mu of vegetable land and 15 mu of dry land. 55 persons will be temporary affected. On the basis of the survey in affected village, the actually vegetable income per year per mu is about RMB1800-2000yuan/mu, and the dryland is about RMB 700-800 yuan/mu.

According to the relevant regulations of the State and the Autonomous Region, compensation for temporary land occupation shall be computed on the basis of the AAOV and the duration of temporary occupation. The project occupation time period shall be computed as per 1 year. So the compensation for vegetable land is 3000yuan/mu and dryland is 15ooyuan/mu, these are higher than the land temporary land losses, temporary APs will be fully compensated for any lost income, so no need for livelihood restoration.

Temporary land occupation may damage the original land surface and the previous irrigation facilities. The contractor shall restore the surface soil quality and the related irrigation facilities to the previous level with 1 year (the estimated cost for restoration is RMB4800-5200/mu, but it is different in this area).The budgets is included in project costs. In addition, responsibility of the contractor should be included in the bidding documents.

5.5 Resettlement for institutions and staff affected by the project

This subproject will affect four institutional units respectively of Guangxi Agricultural Occupational College, Guangxi Academy of Agriculture Science, Guangxi Economic Management Cadre College and Guangxi Vocational College for Electrical and Mechanical Technologies.

5.5.1 Guangxi Agricultural Occupational College

Guangxi Agricultural Occupational College is located in the central part of this project. It occupies 1005mu of land, out of which, this subproject will acquire 304mu permanently indicating a land acquisition impact rate of 30.2%. Also, there will be 4650m² of houses to be demolished, including 2410m² of residential houses. Therefore, the college will be affected by the subproject somewhat seriously. Major restoration measures are:

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� Monetary compensation. This subproject will occupy 304mu of state-owned land in the college. However,

such land acquisition will not affect the normal teaching and scientific research, as such upon discussion, the means of compensation shall be mainly monetary compensation. The estimated compensation in this connection for the college shall be RMB15.4991 million. The demolition of non-residential houses, such as storage room, workshop, vegetable shelters, fences, etc. shall be compensated in cash; no re-construction shall be made.

◇ Exchange of property rights. This subproject will demolish 2410m²of staff’s residential houses, for which, the total demolition compensation will be RMB4.8 million at average rate of RMB1991/m². The college plans to reconstruct residential building for the staff within the college by utilizing the compensation. According to the current cost price, the above compensation will be enough for constructing new houses according to the previous structure and area. If the affected staff require additional residential area, or excessive structure, standard and area, the additional costs shall be borne by applicants.

5.5.2 Guangxi Academy of Agriculture Science

Guangxi Academy of Agriculture Science occupies 248.8ha. of land (approx. 3732mu), including 112ha. (approx. 1680mu) of field experimental land. The permanent land occupation will be 53mu, accounting for 1.4% of the total figure.

� Monetary compensation. This subproject will acquire 53mu of state-owned land of the college, and thus having small impacts, for which, the compensation shall be made in cash. The estimated compensation in this connection for the college shall be RMB2.9118 million.

◇ Exchange of property rights. The subproject will demolish 10200m² of various houses, all of them are residential houses of the working staff. The compensation in this regard will be RMB21.01 million, averagely RMB2059/m². After land acquisition, this college still has a lot of land, and so it intends to re-construct residential houses for the faculties according to the previous structure, standards and area of the demolished houses. According to the current cost price of Nanning, the above compensation will be enough for constructing new houses. If the affected staff require additional residential area, or excessive structure, standard and area, the additional costs shall be borne by applicants.

5.5.3 Guangxi Economic Management Cadre College and Guangxi Vocational College for Electrical and Mechanical Technologies

The survey shows that this subproject will only acquire 7mu and 11mu of state-owned land respectively from Guangxi Economic Management Cadre College and Guangxi Vocational College for Electrical and Mechanical Technologies. No house demolition will occur, showing small impacts. Therefore, the compensation will only be made for the land occupation.

5.6 Resettlement of vulnerable groups.

Vulnerable groups refer to the poverty-stricken population, households headed by women, the solitary elderly and the disabled. According to the survey, there are totally 56

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79

vulnerable persons affected by this subproject. These people have different characteristics and the impacts on them by the subproject are also different. Therefore, the resettlement for them shall be different according to different characteristics. In this connection, the subproject will budget a certain amount of funds from the contingency to provide special assistance for these groups, of which, the estimated amount is RMB475 thousand16.

5.6.1 Resettlement plan for poverty households

This subproject will affect 23 rural poverty-stricken households whose family annual average per-capita net income is below RMB650. It is indicated that multiple factors are the reasons for the poverty, such as disease, debts, inadequate land or even low-quality, etc. Aiming at these factors, the resettlement measures are:

1. Difficulty subsidies. In order to assist the poverty-stricken households to restore their normal production and living, the eligible poverty households in rural and urban areas will be covered by the MLSS systems. In this regard, the civil affairs departments shall pay a certain amount of regular subsidies to them. The eligible rural people can get annual subsidies of RMB650, 17and those in urban areas will get MLSS subsidies of RMB210/month each person. In this regard, the government will adjust the subsidy level according to the local economic development, so that the people will gradually improve their living standards.

2. Micro credit. According to Ref. No.NNYF[2005]84, the IA will assist the poverty households, poverty women and households headed by women in applying for micro credit loan to undertake small-scale development (such as breeding and business running etc.) so that they can quickly restore their production and increase their incomes.

3. Industrial development support. The Land Acquisition, House Demolition and Resettlement Office of Xiangsihu New District will coordinate with villagers’ committees to provide special support to the poverty households. In this connection, the villages that have reserved industrial land will offer rent-free stores to the poverty households to run business for five years. The generated profits will belong to these poverty households.

4. Free training. Based on Ref. No.GTZF[2004]238, the IA will provide with free skill training for the 23 poverty population of the project areas. The training shall design the courses that can satisfy the requirements of the employment and labor sources market, Currently, such training will cover the practical technology, business techniques, household services etc. The contents of training shall be renewed according to the market requirement so to meet with the employment requirement. After training, the IA will recommend them to the society for employment.

16 As per the poverty-reduction standards and economic development of Nanning City, i.e. estimated at RMB1000/year each person for five years. 17 Circular of Guangxi Civil Affairs Department and Guangxi Financial Department on Ensuring the Security for Rural Five-Guarantees households (Ref. No. GMF[2004]8), as for the “five-guarantees households”, the following rations are ensured: 182.5kg rice, 6kg edible oil and RMB360 subsidies. Based on this, such in-kinds are equivalent to a basic line for ensuring minimum living standard of RMB650 according to the price index of Guangxi. n consideration of the contracted land and the land nearby the houses, these people can develop courtyard economy by growing some vegetables, fruits, food grains that serve as the supplementation to the main food. Therefore, such annual ration of RMB650 for rural poverty households is adequate for them to maintain the basic living standard.

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5.6.2 Resettlement plan for households headed by women

The initial survey of this subproject indicated that there are 16 households headed by women distributed in different villages. Most of these women are widowed or divorced, and some women’s husbands have been suffering from illness and have lost their labor force for long time. Therefore, the resettlement measures in this connection are:

1. Micro credit. According to Ref. No. NNYF[2005]84, the IA will assist these households in applying for micro credit to undertake small-scale business (such as breeding, business running, etc.), so that they can quickly restore their production. 2. Priority in getting employment. Construction of this subproject will need a number of temporary laborers for planting flowers and grasses, fertilizing and weed killing, etc., for which, women laborers are suitable. Therefore, the IA shall give priority to these women in doing this work so as to settle the living difficulties of the households.

3. Difficulty subsidies. The special poverty households headed by women must be covered by the MLSS system. In this regard, the civil affairs departments shall pay a certain amount of regular subsidies to them. The eligible rural people can get annual subsidies of RMB650, and those in urban areas will get MLSS subsidies of RMB210/month each person. The subsidy standard will be gradually adjusted along with the economic development enabling the living standards of special poverty households to improve. According to the survey, in addition to the MLSS subsidies supported by the civil administration departments, normally, these poverty women-headed households still have contracted land of 0.3-0.9mu / person to grow vegetables. The annual incomes for them will be about RMB1000-2000. In addition, they can also do some temporary jobs in the High-tech zone to earn some money as a supplement to the family incomes.

5.6.3 Resettlement for the solitary elderly.

There are only 11 solitary elderly affected by the project. Most of them are at the age of over 70 years and suffer year-long diseases without being taken care of. Their living conditions are not safeguarded. Therefore, the resettlement measures in this connection are:

1. Ration subsidies. The affected solitary elderly must be covered by MLSS. The eligible rural people can get annual subsidies of RMB650, and those in urban areas will get MLSS subsidies of RMB210/month each person. Such standards will be increased with the improvement of living. The charges will be settled by the civil affairs department. According to the survey, in addition to the rationed subsidies, each year, the villagers’ groups will gather grains from all households for these rural solitary elderly people to ensure adequate grain provision. In addition, the villagers’ groups also assign a small patch of land to them, on which, some young people are designated to help the elderly to grow vegetables. Such will help the elderly to have vegetables in all seasons. As a result, their living standards will be gradually improved, and thus the project implementation will not bring about more difficulties to them.

2. Coordinated assistance. According to the local customs, in rural area, if an aged person loses his labor ability, his children will be jointly responsible for all expenses for their parents to live out the life. If without any children, the villagers’ group and the near relatives shall discuss the methods to help the aged to live out the life, for which, the IA

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81

shall pay resettlement subsidies to the solitary elderly through the villagers’ committee. In addition, the project management office and the IA shall pay regular visit to the solitary elderly, if identifying living difficulty, they shall actively adopt corresponding measures.

5.6.4 Resettlement plan for the disabled.

There are 6 disabled persons affected by this subproject who have basically lost their labor ability and some of them are in difficulty in managing themselves. As for these vulnerable groups, the major resettlement measures are to include these people into the social insurance system of Nanning for management, through which, these disabled shall get basic living expenses on monthly basis and so their living can be ensured.

5.6.5 Protection measures for women’s entitlements.

The survey showed that women in the project area have high status in the family, society and economy, and therefore, the assistance shall be from two aspects of service and training.

1. Provision of service. It is recommended that, during the project construction period, every village shall organize one women’s meeting each year and pay regular visits to some families so as to collect the proposals and complaints from the women and provide with necessary consultation for them.

2. Enhancing training. The women in the affected areas are in low skill and need necessary training to promote their working skills. Therefore, the IA shall coordinate with the local villagers’ groups in providing technical training for the women according to women’s employment and development requirement. The training will cover 50% of the affected women.

5.7 Resettlement for floating population.

Floating population is a big group affected by the project construction, and therefore, it is necessary to adopt effective measures for their resettlement.

5.7.1 Resettlement plan for floating population of plantation households

According to the initial survey, there are totally 36 households inclusive of 137 persons of floating population affected by the project in Chenxi village, Xinxu village and Guangxi Academy of Agricultural Science who lease or contract land to grow vegetables, flowers and fruits, etc. However, they will lose the opportunities in leasing and contracting the land due to the construction of this subproject. Therefore, it is necessary to rehabilitate them. Major measures are: (i) Monetary compensation. The crops grown by floating population on the leased or annually contracted land shall be compensated according to relevant policies. In this regard, the total estimated compensation for standing crops will be RMB1.412 million, averagely per-capita RMB10306. The floating population can only get the compensation for the crops that they grow. (ii) Provision of employment. The floating population who engage in plantation are mostly of agricultural population coming from other places other than Nanning city. They have been living in the outskirt for over five years or minimum 1-3 years. They have

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accumulated relatively rich experiences in growing vegetables, fruits and flowers, serving as a good potential labor force for agricultural development. The IA will actively guide them to undertake scale-economy operation through renting land from the nearby outskirt of Nanning city, such as Shibu town and Jinling town, so that they can restore their production and living. At the same time, they will also make contribution to the agricultural scale and intensive production of Nanning city.

5.7.2 Resettlement plan for floating population engaging in breeding

In the project area, there are 15 households inclusive of 67 persons who are engaging in breeding fish by utilizing the ponds and waters of Kelijiang river. They are mainly distributed along Kelijiang river of Silian village and nearby Guangxi Academy of Agriculture Science living on breeding – a major source of the household income. Therefore, construction of the subproject will have big impacts on them. The major restoration measures are:

(i) Crops compensation. Project implementation will stop the breeding of fish in ponds which are managed by the floating population, however, the compensation for fish stocks shall be made according to the relevant policies, for which, the compensation shall be RMB212 thousand.

(ii) Demolition compensation. The floating population who breed fish for years in the ponds along Kelijiang river and the ponds of Guangxi Academy of Agriculture Science have built some simple shelters, demolition of which shall be compensated at replacement cost according to relevant policies by the project implementing policies. The total amount will be RMB96000. (iii) Guiding employment. In the outskirts of Nanning city, there are a lot of fish ponds and rivers that are suitable for breeding at low rent. In this connection, the IA will, according to the agricultural development planning of Nanning City, provide with necessary information of employment for them for the purpose of guiding them to develop scale breeding production in a suitable place. Such will help them find employment and restore production and livelihoods, and thus supplying more fresh meat to Nanning City.

5.7.3 Resettlement plan for floating population engaging in the tertiary industry

In the project area, there are 153 households of 527 persons floating population engaging in the tertiary industry, most of them engage in wholesale and retail, restaurant, hotel, repair, tricycle transport, waste collection, etc. However, implementation of this subproject will displace these floating population who are engaging in the tertiary industry from the business places, residential area and employment opportunities. Therefore, it is necessary to rehabilitate them. The major measures are: (i) House demolition compensation. Some floating population living on the west bank of the southern section of Kelijiang river built the houses on the paid “borrowed land” through cooperating with the villagers of Chenxi village many years ago. That is, after the floating population have paid some rent, they may build some simple houses by the lake and enjoy the titles. As for this, careful identification must be made, and necessary compensation will be paid to the floating population.

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83

(ii) Guiding employment. As for the business operators of floating population who are affected by demolition, the IA will guide and assist them to rent stores nearby, so that they can quickly restore their business. As for those employees, the IA will provide with employment information for them and guide to get job opportunities.

(iii) Provision of house-renting information. As for the floating population who lose their rental houses, the IA will provide with the information of cheap-rent houses and help them find suitable places to live. According to the investigation, the nearby Chendong village, Chenxi village and Keli village still have many vacant houses for rent, normally at the rate of RMB6-8/m² that is suitable for floating population.

5.7.4 Education and training for floating population.

(i) Schooling for children. The children of floating population will be helped to receive

compulsory education. Local schools are not allowed to collect surcharge on schooling. Children of poverty households will enjoy reduction or exemption of book charges and miscellaneous expenses, and provision of living subsidies according to relevant policies of Guangxi and Nanning.

(ii) Adult education. Most of the floating population from rural areas are of poor education background, and they would feel the serious competition for employment. Therefore, in order to resettle them, the IA will provide with technical training according to their respective occupation requirement, covering the contents of business operation, household service management, etc. In this regard, the number of women receiving training will be over 50%.

5.8 Ethnic minority rehabilitation plan

The initial survey shows that there are 82 ethnic minorities in the affected area of this subproject. Viewing from the degree of impacts, the major rehabilitation measures are:

(1) Guidance and provision of employment. (i) As for the business operators of floating ethnic minorities who are affected by demolition, the IA will guide and assist them to rent stores nearby, so that they can quickly restore their business. (ii) As for those employees, the IA will provide with employment information for them and guide to get job opportunities. (iii) During construction period, the IA will arrange 10% of the affected ethnic minorities to engage in the non-skilled work of the project. (iv) After project completion, job posts will be also provided for ethnic minorities.

(2) Provision of house-renting information. As for the floating minority population who lose their rent houses, the IA will provide with the information of cheap-rent houses and help them find suitable places to live. According to the investigation, the nearby Shangyao village and Weizilu village still have many vacant houses for rent, normally at the rate of RMB6-8/m² which is suitable for floating minority population. Eligible affected floating minority population may apply for economic houses or low-cost houses of Nanning city: in this regard, they will be assisted by the community.

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(3) Poverty ethnic minority households will be assisted with difficulty subsidies. The eligible poverty-stricken minority households in rural and urban areas will be covered by the MLSS systems with ration subsidies by the civil administration department according to the administrative registration.

(4) Poverty ethnic minority households may enjoy exemption or reduction of wastewater tariff and solid waste treatment tariff according to the policies of Nanning city.

(5) Children of ethnic minorities enjoy preferential policies in schooling. The children of ethnic minorities can attend local schools of Nanning city without being collected any surcharge on schooling. Children of poverty minority households shall enjoy reduction or exemption of book charges and miscellaneous expenses, and these boarding students shall be also supported with living subsidies. If they attend entrance examination to middle school or universities, they can get additional 5-15 scores.

(6) Free training. The affected ethnic minority labor force in the project area shall receive free training according to the requirement of the labor market. There will be totally 3 times of training, each time for 90 persons, focusing on young people. The contents of training shall be finalized according the labor requirement.

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85

6 Budget

6.1 Cost estimate

The total costs for land acquisition and demolition of this subproject shall be RMB289.64 million, including RMB43.10 million for acquisition of rural collectively-owned land (accounting for 15% of the cost), RMB94.96million for the land compensation in river courses(accounting for 33%), ,RMB4.40 million for rural house demolition (accounting for 1.5%), RMB45.63 million for land acquisition and house demolition of institutional units (accounting for 15.8%), RMB64.64 million for various taxes and charges (accounting for 22.3%). Estimated resettlement costs are shown in Table 6-1.

6.2 Funds management

6.2.1 Funding Source

Funds for project construction are from three aspects: (i) ADB loans of USD63.35 million; (ii) National bonds RMB400 million; and (iii) Self-raised urban construction funds. Among these funds, the funds for resettlement shall be domestic funds.

6.2.2 Principle for payment of resettlement funds.

(1) All costs relating to land acquisition and demolition shall be included into the total budget of the project. The land acquisition compensation and other relevant charges shall be paid by the project management office to the relevant units and individuals through the resettlement office.

(2) The land acquisition compensation shall be paid to the administrative villages via banks through the project resettlement office. In principle, these administrative villages shall utilize such compensation in restoring production for the affected areas or the villagers’ groups that accept the affected people.

(3) The house demolition compensation shall be paid by the resettlement office to the affected people after the house compensation agreement is signed,.

(4) Compensation for land acquisition and house demolition must be paid within three months after the approval of the land acquisition plan and one month in advance.

(5) In order for smooth implementation of the land acquisition and resettlement, the project office shall establish graded financial and supervising institutions so to ensure the prompt appropriation of all funds.

(6) This budget is the cost estimate for resettlement. Due to the practical changes of the project scope and the impacts of the factors of DMS, compensation revision and inflation, the costs may increase. However, the PMO ensures to make up any increase in compensation. This budget has included price contingency and will be subject to necessary modification and revision.

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Table 6-1 Resettlement Cost Estimate

Chenxi Village Silian village Xinxu village Hede village Ximing village

Guangxi Agricultural

Occupational

Institute

Guangxi Academy of

Agricultural Science

Guangxi

Economic

Management

Cadre College

Electrical &

Mechanical Tech.

College

Total

Items Unit

Compensatio

n Standards

(RMB/unit)

Qty. Costs

(RMB10000)Qty.

Costs

(RMB10000)Qty.

Costs

(RMB10000)Qty.

cost

(RMB10000)Qty.

cost

(RMB10000)Qty.

Costs

(RMB10000)Qty.

Costs

(RMB10000)Qty.

cost

(RMB10000)Qty.

cost

(RMB10000)Qty.

Costs

(RMB10000)

1. Acquisition of rural

collective land18 - 220 1825.5 135 1044 120 1218 12 121.8 20 101

507 4310.3

Vegetable Land mu 101500 170 1725.5 90 913.5 120 1218 12 121.8 392 3978.8

Land basic

compensation19 mu 98000 170 1666 90 882 120 1176 12 117.6

392 3841.6

Standing crops

compensation : mu 3500 170 59.5 90 31.5 120 42 12 4.2

392 137.2

Dry land mu 50500 0 0 0 0 0 0 0 0 20 101 20 101

Land basic

compensation mu 49000 0 0 0 0 0 0 0

0 20 98

20 98

Standing crops

compensation : mu 1500 0 0 0 0 0 0 0

0 20 3

20 3

Other farmland mu 29000 0 0 45 130.5 0 0 0 0 45 130.5

Land basic

compensation mu 28000 0 0 45 126 0 0 0

0 45 126

Standing crops mu 1000 0 0 45 4.5 0 0 0 0 45 4.5

18 Crops compensation shall be paid to the lessee, i.e. mostly to floating population. 19Due to less average per capita land occupation in the project areas, for the convenience of calculation, this budget adopts 1.4 average per-capita cultivated land coefficient, which shall be adjusted according to the actual conditions during project implementation.

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87

Chenxi Village Silian village Xinxu village Hede village Ximing village

Guangxi Agricultural

Occupational

Institute

Guangxi Academy of

Agricultural Science

Guangxi

Economic

Management

Cadre College

Electrical &

Mechanical Tech.

College

Total

Items Unit

Compensatio

n Standards

(RMB/unit)

Qty. Costs

(RMB10000)Qty.

Costs

(RMB10000)Qty.

Costs

(RMB10000)Qty.

cost

(RMB10000)Qty.

cost

(RMB10000)Qty.

Costs

(RMB10000)Qty.

Costs

(RMB10000)Qty.

cost

(RMB10000)Qty.

cost

(RMB10000)Qty.

Costs

(RMB10000)

compensation :

House Sites mu 20000 50 100 0 0 0 0 0 0 50 100

2. Land in River

Courses mu 77200

1230 9496

3. temporary land

occupation20 mu 8 1.5 11 2.7 13 3.5 2 0.3 3 0.9

37 8.9

Vegetable Land mu 3000 2 0.6 7 2.1 10 3 0 0 3 0.9 22 6.6

Dry land mu 1500 6 0.9 4 0.6 3 0.5 2 0.3 15 2.3

4. rural house

demolition m² 5867 218.7 3370 221.2 0 0 0 0

8277 439.9

4.1 collective

operational house m² 800 133.6 1450 211.6

2250 345.1

Brick-concrete

Structure m² 1760 560 98.6 0 0

560 98.6

Brick –wood Structure m² 1459 240 35 1450 211.6 1690 246.6

4.2 other houses m2 5067 81.1 960 9.6 6027 90.7

Simple shelters m2 160 5067 81.1 0 5067 81.1

House for animal

breeding m2 100 0 0 960 9.6

960 9.6

4.3 other

compensation - 5067 4.1 960

6027 4.1

20Occupation period as per 1 year.

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Chenxi Village Silian village Xinxu village Hede village Ximing village

Guangxi Agricultural

Occupational

Institute

Guangxi Academy of

Agricultural Science

Guangxi

Economic

Management

Cadre College

Electrical &

Mechanical Tech.

College

Total

Items Unit

Compensatio

n Standards

(RMB/unit)

Qty. Costs

(RMB10000)Qty.

Costs

(RMB10000)Qty.

Costs

(RMB10000)Qty.

cost

(RMB10000)Qty.

cost

(RMB10000)Qty.

Costs

(RMB10000)Qty.

Costs

(RMB10000)Qty.

cost

(RMB10000)Qty.

cost

(RMB10000)Qty.

Costs

(RMB10000)

Non-residential house

moving subsidies m2 8 5067 4.1 960

6027 4.1

5. Institutional unit - 2100.9 2393.8 25.1 43.2 4562.9

5.1 permanent land

occupation 21 -

304 1549.9 53 291.2 7 25.1 11 43.2 375 1909.4

Paddy Field - 45900 62 284.6 62 284.6

Land basic

compensation mu 44100

62 273.4

62 273.4

Standing crops

compensation : mu 1800

62 11.2

62 11.2

Dry land - 35800 7 25.1 7 25.1

Land basic

compensation mu 34300

7 24

7 24

Standing crops

compensation : mu 1500

7 1.1

7 1.1

Vegetable Land - 72100 73 526.3 73 526.3

Land basic

compensation mu 68600

73 500.8

73 500.8

Standing crops

compensation : mu 3500 73 25.6 0 0 0 73 25.6

Fish Pond 54940 48 263.7 53 291.2 101 554.9

21Land basic compensation shall be computed as per 70% of that specified for acquisition of same category land in rural area.

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89

Chenxi Village Silian village Xinxu village Hede village Ximing village

Guangxi Agricultural

Occupational

Institute

Guangxi Academy of

Agricultural Science

Guangxi

Economic

Management

Cadre College

Electrical &

Mechanical Tech.

College

Total

Items Unit

Compensatio

n Standards

(RMB/unit)

Qty. Costs

(RMB10000)Qty.

Costs

(RMB10000)Qty.

Costs

(RMB10000)Qty.

cost

(RMB10000)Qty.

cost

(RMB10000)Qty.

Costs

(RMB10000)Qty.

Costs

(RMB10000)Qty.

cost

(RMB10000)Qty.

cost

(RMB10000)Qty.

Costs

(RMB10000)

Land basic

compensation mu 51940

48 249.3 53 275.3

101 524.6

Standing crops

compensation : mu 3000

48 14.4 53 15.9

101 30.3

Orchard land 39280 121 475.3 11 43.2 132 518.5

Land basic

compensation mu 35280

121 426.9

11 38.8 132 465.7

Standing crops

compensation : mu 4000

121 48.4

11 4.4 132 52.8

5.2 house demolition

compensation

534.1 1991.7

2525.8

Staff residential house

2410 414

1020

0 1991.7

12610 2405.7

Frame Structure m² 1965 520 102.2 9800 1925.7 10320 2027.9

Brick-concrete

Structure m2 1650

1890 311.9 400 66

2290 377.9

Office buildings 788 54 788 54

Frame Structure m2 800 220 17.6 220 17.6

Brick-concrete

Structure m2 700

400 28

400 28

Brick –wood Structure m2 500 168 8.4 168 8.4

Storage house 1452 66.1 1452 66.1

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Chenxi Village Silian village Xinxu village Hede village Ximing village

Guangxi Agricultural

Occupational

Institute

Guangxi Academy of

Agricultural Science

Guangxi

Economic

Management

Cadre College

Electrical &

Mechanical Tech.

College

Total

Items Unit

Compensatio

n Standards

(RMB/unit)

Qty. Costs

(RMB10000)Qty.

Costs

(RMB10000)Qty.

Costs

(RMB10000)Qty.

cost

(RMB10000)Qty.

cost

(RMB10000)Qty.

Costs

(RMB10000)Qty.

Costs

(RMB10000)Qty.

cost

(RMB10000)Qty.

cost

(RMB10000)Qty.

Costs

(RMB10000)

Frame Structure m2 750 360 27 360 27

Brick-concrete

Structure m2 650

350 22.8

350 22.8

Brick –wood Structure m2 470 162 7.6 162 7.6

Simple Structure m2 150 580 8.7 580 8.7

5.3 Other

compensation

16.9 110.9

127.8

Temporary transition

subsidies m2 36

2410 8.7

1020

0 36.7

12610 45.4

Residential house

moving subsidies m² 8

2410 1.9

1020

0 8.2

12610 10.1

Time-lost subsidies House

hold 300

9 0.3 132 4

141 4.2

Subsidies for obtaining

house property titles.

House

hold 200

9 0.2 132 2.6

141 2.8

Reward for advance

moving

House

hold 4000

9 3.6 132 52.8

141 56.4

Charges for relocating

telephone, cable TV

and broad band etc.;

House

hold 500

9 0.5 132 6.6

141 7.1

Non-residential house

moving subsidies m² 8

2240 1.8

2240 1.8

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91

Chenxi Village Silian village Xinxu village Hede village Ximing village

Guangxi Agricultural

Occupational

Institute

Guangxi Academy of

Agricultural Science

Guangxi

Economic

Management

Cadre College

Electrical &

Mechanical Tech.

College

Total

Items Unit

Compensatio

n Standards

(RMB/unit)

Qty. Costs

(RMB10000)Qty.

Costs

(RMB10000)Qty.

Costs

(RMB10000)Qty.

cost

(RMB10000)Qty.

cost

(RMB10000)Qty.

Costs

(RMB10000)Qty.

Costs

(RMB10000)Qty.

cost

(RMB10000)Qty.

cost

(RMB10000)Qty.

Costs

(RMB10000)

6. land attachments - - 0 - 73.5

Kelijiang River dam no. 50000 0 2 10

Pond dam no. 20000 0 8 16

Fruit tree pcs 250 0 1500 37.5

Tree pcs 100 0 1000 10

Total of 1-6 - 2045.7 1267.9 1221.5 122.1 101.9 2100.9 2393.8 25.1 43.2 8028 18891

7. Prospecting &

design charges

RMB1

00000.50%

2045.

7 10.2

1267.

9 6.3

1221.

5 6.1

122.

1 0.6 102 0.5 2101 10.5 2394 12 25 0.1 43 0.2

9395.

4 94.5

8 External monitoring

and evaluation

charges

RMB1

00000.40%

2045.

7 8.2

1267.

9 5.1

1221.

5 4.9

122.

1 0.5 102 0.4 2101 8.4 2394 9.6 25 0.1 43 0.2

9395.

4 75.6

9. Internal monitoring

& evaluation

RMB1

00000.20%

2045.

7 4.1

1267.

9 2.5

1221.

5 2.4

122.

1 0.2 102 0.2 2101 4.2 2394 4.8 25 0.1 43 0.1

9395.

4 37.8

10. Administrative

charges

RMB1

00005%

2045.

7 102.3

1267.

9 63.4

1221.

5 61.1

122.

1 6.1 102 5.1 2101 105.1 2394 119.7 25 1.3 43 2.2

9395.

4 944.6

11. Training cost22 RMB1

00003%

2045.

7 61.4

1267.

9 38

1221.

5 36.6

122.

1 3.7 102 3.1 2101 63 2394 71.8 25 0.8 43 1.3

9395.

4 566.7

12. Conttngency 23 RMB1

000010%

2045.

7 204.6

1267.

9 126.8

1221.

5 122.1

122.

1 12.2 102 10.2 2101 210.1 2394 239.4 25 2.5 43 4.3

9395.

4 1889.1

22Including training costs for floating population, vulnerable groups. 23 Including the subsidies funds for vulnerable groups.

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Chenxi Village Silian village Xinxu village Hede village Ximing village

Guangxi Agricultural

Occupational

Institute

Guangxi Academy of

Agricultural Science

Guangxi

Economic

Management

Cadre College

Electrical &

Mechanical Tech.

College

Total

Items Unit

Compensatio

n Standards

(RMB/unit)

Qty. Costs

(RMB10000)Qty.

Costs

(RMB10000)Qty.

Costs

(RMB10000)Qty.

cost

(RMB10000)Qty.

cost

(RMB10000)Qty.

Costs

(RMB10000)Qty.

Costs

(RMB10000)Qty.

cost

(RMB10000)Qty.

cost

(RMB10000)Qty.

Costs

(RMB10000)

13. LA taxes RMB1

0000/ - 995.5 - 557.3 645.1 64.5 71.4 1327.7 278.1 24.7 38.9 6464.5

Land administration

fees

RMB1

00002.80% 1666 46.6 882 24.7 1176 32.9 118 3.3 98 2.7 1450 40.6 275 7.7 24 0.7 39 1.1 5728 160.4

Farmland occupation

tax mu 4669 170 79.4 90 42 120 56 12 5.6 20 9.3 304 141.9 53 24.8 7 3.3 11 5.1 787 367.5

Development &

construction funds for

new vegetable plots

and fish ponds

mu 10000 170 170 90 90 120 120 12 12

121 121 53 53

566 566

Farmland reclamation

fees (paddy field, fish

pond & vegetable

land)

mu 20010 170 340.2 90 180.1 120 240.1 12 24

183 366.2 53 106.1

1858 3717.8

Farmland reclamation

chares (dry land and

orchard land)

mu 13340

20 26.7 121 161.4

7 9.3 11 14.7 159 212.1

Urban construction

support charges mu 15000 220 330 135 202.5 120 180 12 18 20 30 304 456 53 79.5 7 10.5 11 16.5 882 1323

Land acquisition

service charges mu 1334 220 29.4 135 18 120 16 12 1.6 20 2.7 304 40.6 53 7.1 7 0.9 11 1.5 882 117.7

Total of 7-13 - 1386.3 799.5 878.4 87.8 90.9 1729 735.3 29.5 47.1 10072.8

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93

Chenxi Village Silian village Xinxu village Hede village Ximing village

Guangxi Agricultural

Occupational

Institute

Guangxi Academy of

Agricultural Science

Guangxi

Economic

Management

Cadre College

Electrical &

Mechanical Tech.

College

Total

Items Unit

Compensatio

n Standards

(RMB/unit)

Qty. Costs

(RMB10000)Qty.

Costs

(RMB10000)Qty.

Costs

(RMB10000)Qty.

cost

(RMB10000)Qty.

cost

(RMB10000)Qty.

Costs

(RMB10000)Qty.

Costs

(RMB10000)Qty.

cost

(RMB10000)Qty.

cost

(RMB10000)Qty.

Costs

(RMB10000)

TOTAL - 3432 2067.3 2099.8 209.9 192.8 3829.9 3129.1 54.6 90.3 28964

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6.2.3 Flow direction of resettlement funds.

The demolition unit and the affected people shall, within the allowable time announced by the land acquisition and demolition office, enter compensation resettlement agreement according to relevant laws and regulations that are applicable to land acquisition. For monetary resettlement, the agreement shall record the amount of compensation, method of payment, time of payment, time of removal, responsibilities for breaching agreement as well as other terms and conditions entered by the concerned parties. As such, the resettlement funds shall be paid to the affected people according to relevant policies. The basic funds flow is shown in Figure 6.1.

Figure 6.1 Flow of Resettlement Funds

6.3 Management of resettlement cost

The basic resettlement costs shall be under budgetary management in the exclusive account under the financial bureau of Xiangsihu New District.

The expenditures for the basic resettlement cost shall follow the relevant laws and regulations of the State applicable to land acquisition and demolition, including the policies as specified in Resettlement Plan. No less payment and compensation standards that are inconsistent with the Resettlement Plan shall be allowed.

As for the basic resettlement funds and relevant charges, the preparation section, land acquisition section and demolition section shall prepare the funds utilization plans, and then the fund management section shall develop the overall funds utilization plan.

Nanning PMO

Financial Bureau of Xiangsihu N.D

Xiangsihu New District Construction & Development Co. Ltd.

Villagers Group

Insituational units

AP

s by LA & HD

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95

When the payment is to be made, the land acquisition and demolition department shall be responsible for verification of the scope, area and price of the acquired land and demolition, while the accounting personnel of the funds management section shall be responsible for checking, verifying and preparing statement.

Land compensation (including resettlement subsidies, crops and fish compensation, and turn-in charges) as well as house transaction taxes and charges shall be verified by land acquisition section. House demolition compensation, land-attachment compensation, removal compensation as well as the losses incurred to business operators, enterprises and institutional units shall be verified by demolition section, rechecked by accounting personnel. The payment shall be made by the project office to the affected people whose lands and houses are acquired or demolished through entrusted banks.

Demolition clear-up charges and real estate evaluation charges shall be verified by demolition section and rechecked by the accounting personnel before making progress interim payment.

The commission charges paid to the demolition agencies shall be concluded according to the terms and conditions of the agreement entered between the project office and these agencies.

Nanning Municipal Audit Bureau will audit the payment of resettlement funds, and will submit regular reports to Xiangsihu New District Administration Committee. The EA will also submit annual summary report on the auditing to ADB.

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7 Institutional Organizations, Implementation and Management for Resettlement

7.1 Institutional framework

7.1.1 Institutional establishment

In order to ensure the smooth implementation and achieve expected results for the Resettlement Plan, during the project implementation, it is required to establish a vertical institutional organization to plan, coordinate and monitor the resettlement activities. The institutional organizations that are responsible for the land acquisition and demolition resettlement are: (1) Project Management Office of Nanning Urban Environmental Upgrading Project.

(2) House Demolition and Resettlement Office of Xiangsihu New District (3) Nanning Xiangsihu New District Construction & Development Co. Ltd.

(4) Villagers’ Committee; and (5) External monitoring institution.

Figure 7.1 Institutional Framework for Project Land Acquisition and Demolition

7.1.2 Responsibilities of institutional organizations

Project Management Office of Nanning Urban Environmental Upgrading Project.

(1) Guide the resettlement according to the ADB’s guidelines for resettlement and report to ADB the resettlement implementation;

(2) Pre-examine the resettlement plan and implementation scheme proposed by the Land Acquisition and Demolition Management Office of Xiangsihu New District and forward them to NMG for approval.

(3) Supervise the progress of resettlement implementation and report the situation to ADB.

House Demolition and Resettlement Office of Xiangsihu New District

Nanning PMO

Xiangsihu New District Construction & Development Co. Ltd.

External Monitoring AgentLA & D Office of Xiangsihu N. D

Villagers’ Committee

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97

(1) Formulate the resettlement plan and implementation scheme; (2) Arrange hearings, if necessary, for the compensation standards and resettlement

measures; (3) Supervise and inspect the implementation of the resettlement plan as well as the

payment and utilization of the compensation funds; (4) Coordinate and deal with various problems arising from the resettlement; (5) Make regular auditing and prepare and submit the resettlement completion

report to ADB; (6) Execute the project internal monitoring.

Nanning Xiangsihu New District Construction and Development Co. Ltd. (1) Organize the work of land acquisition and resettlement according to the

arrangement developed by the Land Acquisition and Demolition Management Office of Xiangsihu District;

(2) Investigate resettlement implementation, listen to the comments from relevant units and individuals, deal with the grievance and take necessary actions;

(3) Make prompt report to Land Acquisition and Demolition Management Office of Xiangsihu New District the latest situation and problems, as well as make reviews and proposals; and

(4) Assist internal monitoring. Resettlement working group of villagers’ committee

(1) Participate in the social and economic survey; (2) Organize the public discussion, stress the awareness campaign for land

acquisition policies and organize APs to participate in public hearings; (3) Select the resettlement location and arrange house sites for affected people; (4) Be responsible for land adjustment and distribution, organize the resettlement

activities such as production development and training etc.; (5) Report to the higher authorities the comments and proposals of the affected

people; (6) Report the progress of resettlement; and (7) Provide with necessary assistance to the vulnerable households.

External monitoring institution The external monitoring institution shall be responsible for the monitoring of

resettlement, listen to the comments of the affected units and individual, report and propose to the project management office and the implementing agency, including:

(1) Investigate regional socio-economic conditions, prepare and submit baseline survey report to ADB;

(2) Assess the impacts of the project and the situation of restoration of production and living;

(3) Analyze the collected data; (4) Monitor the whole process of the implementation of the resettlement plan and

report to the project office and IA the progress of resettlement plan, submit semi-annual monitoring report to ADB; and

(5) Conduct semi-annual resettlement assessment, and submit reports to IA and ADB.

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7.1.3 Measures for strengthening institutional capacities

In order to ensure the smooth implementation of the resettlement, it is necessary to strengthen the capacity building for the concerned institutions. Therefore, the following measures shall be taken: (1) Organize training and research activities for the personnel of these institutions;

(2) The vertically-established institutions will set up a reporting mechanism on monthly basis;

(3) The horizontally-established institutions will hold a coordinating meeting on seasonal basis to enhance the information exchange;

(4) The questions proposed by the affected people shall be reported to the higher levels vertically one after another;

(5) The problems arising during the construction process shall be reported by the site engineers directly to the immediate leading organization or, if necessary, directly report to the higher authorities;

(6) The issues relating to the affected people and the contractors shall be forwarded to the villagers’ committee, sub-district office or the township project construction coordinating group, the district-level project construction coordinating group. If these issues are seriously important, such issues shall be directly forwarded to the project management institution and the project leading group; and

(7) Strict regulations must be formulated to prevent the relevant personnel from shifting off responsibilities or delaying implementation progress, and if any accidents occur, the responsible persons shall be seriously punished.

7.2 Implementation plan for resettlement actions

The implementation schedule for land acquisition and demolition of this subproject shall be developed according to the construction plan of the project by observing the following principle:

(1) Land acquisition must be completed one month prior to the land use by the project. The starting time for land acquisition shall be determined according to the actual work of land acquisition, house demolition and resettlement;

(2) The project construction shall leave adequate time for land acquisition, house demolition and resettlement.

(3) The rehabilitation plans shall be completed within 10 months after land acquisition and resettlement, and an updated RP shall be submitted to ADB prior to commencement of the project civil works.

The overall progress plan for land acquisition, demolition and resettlement shall be developed based on the progress of preparation and implementation of land acquisition, demolition and resettlement. Formulation of the schedule for land acquisition, demolition and resettlement shall observe the following principle:

The range of land acquisition shall be finalized according to all engineering design drawings and should be completed before the land measurement.

The measurement and computation of the land and houses proposed to be acquired or demolished shall be, according to the project alignment for land acquisition, undertaken jointly by the resettlement section and the property holders prior to the signing the resettlement agreement.

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The project resettlement section shall organize the mobilization meeting for land acquisition and demolition participated by the affected people and the affected units. Such meeting shall notice to the public the relevant policies and resettlement methods relating to land acquisition, house demolition and compensation resettlement. The meeting shall be held before signing the compensation resettlement agreement, after which, the announcement of land acquisition and demolition shall be formally issued.

Signing compensation resettlement agreement between the demolition unit and affected people shall be conducted after the measurement computation and issuance of the land acquisition and demolition announcement.

Preparation of land acquisition and development plan, disbursement of compensation to all affected persons within three months of approval.

The affected people shall be paid transition subsidies during the transition period before the removal.

Resettling enterprises and institutional units shall take prior consideration of arranging resettlement land so that the business cessation losses may be minimized. If cessation is required for transition, the cessation loss subsidies shall be paid before the removal.

New basic facilities shall be built before the old ones are demolished. Conclusion and payment of compensation shall be conducted after signing

agreement but before removal. Resettlement shall be practically conducted to the satisfaction of the affected

people. The actual implementation scheme for village-level rehabilitation shall be

finalized in principle before commencement of the project construction. Training program for APs shall be made within 6 months after commencement of

the project construction. The external monitoring shall be initiated within 2 months after the

commencement of project construction, and the baseline survey shall be conducted.

The schedule of the project is shown in Table 7-1. However, this schedule shall be adjusted accordingly if the overall progress deviates.

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Table 7-1 Schedule for Land Acquisition and House Demolition of Kelijiang Subproject

No. Resettlement Activities Start End 1 Preparation of RP 2005-3-1 2006-2-28

1.1 Establish project resettlement office 2005-3-1 2005-4-1 1.2 Entrust institution to prepare RP 2005-4-6 2005-4-15 1.3 Social and economic survey of resettle 2005-4-18 2005-7-8 1.4 Compile RP 2005-7-8 2006-2-28 1.5 Land pre-examination 2006-2-28 2006-5-30 2 Information Disclosure 2005-4-19 2006-2-28

2.1 Consult and negotiate with APs and related government departments. 2005-4-19 2006-10-31 2.2 Disclosure of RPs or RIBs (Incl. revised) to APs. 2005-11-15 2006-2-28 2.3 Uploading of RPs on ADB website 2006-2-28 2006-2-28 2.4 If RP is updated, second disclosure to APs and ADB website 2006-6-15 2006-7-30 3 Implementation Stage 2006-6-1 2008-12-31

3.1 Conduct detailed measurement surveys 2006-6-1 2006-7-31 3.2 Start land acquisition, sign LA agreement, disburse funds & resettlement* 2006-7-1 2006-9-31 3.3 Relocation to new housing 2006-7-15 2006-11-31 3.4 Interim income restoration measures 2006-7-1 2007-6-30 3.5 Long term Income restoration measures 2007-7-1 2008-12-30 3.6 Training program 2006-6-15 2006-11-31 3.7 Start the project construction 2006-12-30 2006-12-31 4 Monitoring and Evaluation 2005-6-15 2008-12-31

4.1 Baseline surveys 2006-6-15 2006-7-31 4.2 Internal monitoring 2006-8-1 2008-12-31 4.3 External monitoring and evaluation 2006-8-1 2008-12-31

* In order to minimize the impacts of land acquisition on the local farmers, during the construction period, the land acquisition will be arranged in different phases according to the actual requirement of the project construction. As such, the agreement signing and payment shall be also implemented according to the relevant laws, regulations and the principles of this RP. Detail schedule shall be addressed in the updated RP after detailed design.

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101

7.3 Grievance

7.3.1 Departments accepting grievance

Nanning Project management office, the project management office of the Administration Committee of Xiangsihu New District, Land administrative Departments at all urban districts, independent monitoring agency etc. shall be the institutions accepting grievances. These departments must inform the APs of the persons in-charge of accepting grievance, including their names and contact (such as telephones).

7.3.2 Means of Grievance

During the process of preparing and implementing the resettlement plan, public participation shall be encouraged. However, there would be some unforeseen issues happening during such process. In order to effectively settle the issues and ensure the smooth implementation of the project construction and land acquisition, an effective and transparent channel for lodging complaints and grievance has been established. In this connection, the procedure contains the following stages:

Stage 1 Any infringement on the entitlements of the APs during removal, the APs shall lodge

complaints to the villagers’ committee or the project land acquisition and demolition office in verbal or written forms. If such being in verbal form, the villagers’ committee and the project LA and demolition office shall record the case in written and accept it.

The above grievance shall be answered or explained within three days; if coordination needed, the issue shall be settled within two weeks.

Stage 2 If the persons who lodge the complaints are not satisfied with the results of stage 1,

they may lodge grievance to the land acquisition and demolition resettlement management office or the leading group of Xiangsihu New District after receiving the decision, for which, the latter shall make resolution within two weeks.

Stage 3 If the affected people are still unsatisfactory with the resolution made by the land

acquisition and demolition resettlement management office of Xiangsihu New District , they may lodge grievance to Nanning project land acquisition and demolition office after receiving such resolution, for which, the later shall make comments within two weeks.

Stage 4 Finally, if the AP is still dissatisfied with the above decision, he can appeal to the

People’s Court in accordance with Civil Procedure Act after receiving the decision. The displaced people shall lodge any grievances that are related to standards and

rates of compensation. Relevant institutions shall accept the complaints and grievance lodged by APs. The

charges incurred from the such process shall be covered by the contingency of the project land acquisition and demolition office in a reasonable way. Institutional units may appeal to the competent department. The grievance channel for villagers is shown in Figure 9.1.

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Figure 7.1 Means of Grievance

During the whole process of project construction, these grievance procedures remain

valid so that the villagers may deal with similar issues. Through the public meetings and the resettlement information booklet, the affected

people shall be informed of their rights for grievance and appeal. At the same time, the procedure for appeal and grievance shall be published through media among the affected people.

Villagers’ Committee Project LA & D Office

LA & D Office of Xiangsihu N. D

Municipal LA & D Office

Local Courts

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103

8 Public Participation

8.1 Significance and targets of public participation

Public participation is an important work at the project identification stage or the preparatory stage of a project. In views of sociology, public participation refers to the social activities that are participated by social masses, social organizations, units or individuals that act as the main bodies within their respective rights and obligations. The target of public participation is to be generally accepted by the publicity and, the project construction shall not damage or endanger the public benefits, thus to achieve the unification of economic benefits, social benefits and environmental benefits.

The term of public herein refers to the stakeholders, being a natural person or a legal entity, of which, the target groups are:

(1) Directly-affected people (risk undertaker): People with expected benefits, organizations with risks, stakeholders with related benefits etc., most of them are within the project areas or in the areas affected by the project.

(2) Affected public representatives: Representatives of the governmental departments of the state or provincial levels, local governmental officials, traditional supervisory staff, local institutions and representatives from private sectors.

(3) Other organizations having the interests: including local NPC deputies, members of CPPCC, mass organizations, academic organizations and representatives from subdistrict offices.

8.2 The objectives of participation

In order to safeguard the legal entitlements of the affected people, during the policy-making process of project planning and implementation, extensive public participation will help form a vivid phase where smooth and comprehensive information and communication channels are available, and thus the affected people will be properly compensated and resettled and should restore to or may even surpass the living standards they had before the land acquisition. In addition, through effective coordination and communication, the possible adverse effects can be minimized and the project construction can proceed smoothly.

8.3 Methods of public participation

8.3.1 Preparation of resettlement booklet

The PMO plans to compile Resettlement Booklet before December 2005, introducing ADB’s resettlement policies, the policies and standards of the municipal government and the working procedure for resettlement implementation etc. This booklet was distributed to the public before the project construction (December 10, 2005) so as to increase the transparency.

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8.3.2 Public disclosure of the materials relating to resettlement, land acquisition and demolition

The land acquisition and demolition office of Xiangsihu New District shall promptly publishing the relevant policies, resettlement standards and other materials relating to resettlement. The completed Resettlement Plan shall be placed in the libraries of the institutional units or the cultural rooms of all villages for public reference.

8.3.3 Information campaigns

The media is not only an important means of information transmission, but also an effective method for public participation and information feedback. Through the media, the public may acquire the knowledge of the project, and hence increase the transparency of the project construction Before resettlement is conducted, the construction department of Nanning Xiangsihu New District Construction and Development Co. Ltd. and Nanning ADB Resettlement Office shall introduce to the public relevant information of this subproject through television, broadcasting station and newspaper etc., as well as organize some activities such as holding contest of resettlement knowledge etc. In addition, hot line and inquiry telephone are to be set up. All these will be beneficial to the work of public participation, consultation and improvement of the work. After the resettlement, the media may also make follow-up reports in opening special reports for the living conditions of the affected after being resettled. Such will help monitor the resettlement implementation and urge the implementing agency to take necessary remedy measures.

8.3.4 Socio-economic survey

PRA survey

Participatory monitoring is a good scientific method. Its merits lie in the good availability of the first-hand genuine information through quick-talk survey with some ordinary people in a more illustrative method such as pictures or drawings.

Baseline survey of living standards The participation of the affected people is an important factor to investigate the basic

living standard. In this connection, the identification of the basic living standard is critical to the future monitoring and evaluation. Such baseline survey shall be organized and designed by an independent monitoring institution (such as Guangxi Academy of Social Sciences) through sample investigation. Such method focuses more on the income sources of households and the socio-economic living standards. It adopts a combining method of qualitative and quantitative analysis by encouraging to the possible extent the public participation so that the affected people may play an active role in disclosing those factors relating to the living conditions that are not easily identified. The sample survey for baseline living standards shall be conducted covering 30% of APs. Such survey will be conducted after project construction commencement, one time after two months, then once every year, and then one time after project completion.

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8.3.5 Public consultation meetings

Official and formal public consultation meetings organized by Land Acquisition and Demolition Office of Xiangsihu New District.

Such kind of meetings shall be held on irregular basis, or shall be organized by the resettlement office according to the actual requirement. The theme, scale and participants will also change accordingly. Normally, the meetings will be held annually inviting the representatives from vulnerable groups, especially women. Such will be a component of monitoring.

Public consultation meeting organized by the independent agency. The independent monitoring agency shall hold one public consultation meeting on

regular basis half a year, to which, a number of small-scale consultation meetings of different subject, scale and participants shall be attached, such as meeting for affected people, meeting for affected stores or meeting for special groups etc. All these meetings shall invite the representatives of vulnerable groups, especially women to attend. The land acquisition and demolition resettlement office of Xiangsihu New District and the PMO will send special persons to attend these meetings. In addition, the independent monitoring agency shall, according to the actual requirement, shall conduct formal or informal visits on sampling basis to review the feelings and willingness of the affected people, especially those special groups and vulnerable groups, so that the latest information and feedback shall be acquired.

Organizing public hearing. Public hearings will be organized regularly to hear the public comments on the critical

issues of resettlement. This will be treated as a linkage to the improvement of government’s working attitudes during the process of functional changes.

8.3.6 Consultation meetings for land acquisition and demolition on urban district level

The consultation meeting for land acquisition and demolition shall be organized by the land acquisition and demolition office of Xiangsihu New District. In this mobilization meeting, the affected people shall be invited to visit the resettlement places so that they can understand the relocating places and the conditions of all supporting facilities. Such will help the affected people in making choice and consult closely their opinions that are later incorporated into the Resettlement Plan. After such mobilization meeting, the land acquisition and demolition working personnel will visit all affected households and fully negotiate with the affected people in signing the Compensation Resettlement Agreement.

8.3.7 Information disclosure

Contents of disclosure 1. Basic information relating to the project construction such as population, natural

conditions, resources, geography and economic development, as well as the conditions of public undertakings and environmental quality;

2. The standards, conditions and implementation for poverty reduction, priority

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assistance, education, social insurance and labor employment etc. in the project compensation; and

3. During the project implementation, the approval documents for land acquisition and house demolition, compensation standards, resettlement scheme etc., as well as the construction and distribution of the economic residences and cheap-rent houses etc.

Means of disclosure Official bulletin; Government websites; Public media such as newspaper, broadcasting and television; Government press conference; Places or facilities such as public library, open information station, government

information window, electronic screen etc.; Other means that may help the public have the easy and timely access to the

government information; and ADB website (RP, monitoring report, PCR).

8.4 Schedule of public participation

8.4.1 Participation in the phase of project preparation

As early as in the feasibility study stage, the project management office of the Administration Committee of Xiangsihu New District has taken the initiatives to encourage the public participation in this subproject.

The project management institutions have discussed relevant issues of project location and options with the governments at various levels and the concerned departments relating to this subproject such as planning, transport, communication, postal service and land administration etc. All the optional schemes are developed under the help of the local government.

In order to inform the public and collect the views of the local cadres and masses on the project construction and resettlement, the project management institutions have held meetings participated by the residents and cadres of the local villagers’ groups, villages and towns, where all the participants have understood the necessities and resettlement policies for this subproject. In addition, this meeting has also discussed relevant issues such as project impact, land acquisition, compensation standards and resettlement scheme etc.

8.4.2 Compilation and participation of Resettlement Plan

During the process of preparing the resettlement plan, the governments at all levels and the affected households have participated in the following activities:

From December 18 to December 25 of 2004, the resettlement investigation group for Nanning Kelijiang River Comprehensive Environmental Upgrading Subproject headed by Guangxi Academy of Social Sciences, at the same time of conducting the survey of land acquisition and demolition resettlement and survey of social and economic situation, has introduced to the local people in the project area the detail information of this subproject and distributed totally 300 Public Participation Questionnaires with the purpose of understanding the attitude and the comments of the people in the project area. The

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results of this survey are shown in Table 8-1. From the sampling survey, the local people in the project area were relatively

concerned about the project construction, among them, 16.11% and 51.68% households respectively expressed that knew and knew a little about the project, while 32.21% households expressed that they did not know about the project. There were 51.34% of the households holding the views that the project construction would be advantageous to the local economic and social development, 27.81% with views of somewhat advantageous; 69.13% households hoped that this project should be started immediately. Therefore, it can be seen that the people in the project area support this subproject.

Table 8-1 Attitudes of Residents in Project Area to Project Construction

Do you know about the subproject ?

Is the subproject favorable to local social & economic development?

Do you agree to start the project? Village

Yes A

little No Yes Somewhat Unfavorable Yes No

Nos. of

persons 15 42 34 43 21 27 51 40 Chenxi

Village % 16.48 46.15 37.36 47.25 23.08 29.67 56.04 43.96

Nos. of

persons 15 47 23 55 20 10 67 18 Silian

village % 17.65 55.29 27.06 64.71 23.53 11.76 78.82 21.18

Nos. of

persons 11 39 24 35 28 11 59 15 Xinxu

village % 14.86 52.70 32.43 47.30 37.84 14.86 79.73 20.27

Nos. of

persons 4 16 9 16 8 5 23 6 Hede

village % 13.79 55.17 31.03 55.17 27.59 17.24 79.31 20.69

Nos. of

persons 3 10 6 4 6 9 6 13

Lessee

in

Chenxi

village % 15.79 52.63 31.58 21.05 31.58 47.37 31.58 68.42

Nos. of

persons 48 154 96 153 83 62 206 92

Total

% 16.11 51.68 32.21 51.34 27.85 20.81 69.13 30.87

From the above table, it can be seen that the floating population of Chenxi village

tend to be more negatively in favor of the project construction. This is because that the positive impacts on them are limited, such as the problems of losing residing places and jobs. They constitute one of the big groups affected by the project construction.

8.4.3 Participation in the implementation of resettlement plan

Distribution of resettlement plan and booklet of land acquisition and demolition mobilization.

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Before implementation of the project, the PMO is to compile Information Booklet for Land Acquisition and Demolition (Chinese version) and distribute to the APs enabling them to have the knowledge of (i) applicable laws, regulations and policies; (ii) entitlements; and (iii) plan for restoration of earning and living standards after displacement. This will enhance the transparency of the land acquisition and resettlement work. This booklet also briefly introduces the basic information of the subproject (such as the components, scope, benefits and construction progress etc.), the range impacted by the project, applicable laws, regulations of the People’s Republic of China relating to land acquisition and house demolition, compensation standards, entitlements, grievance procedure, plan or earning restoration, budget and plan for land acquisition and demolition etc. (refer to Annex II).

These booklets have been distributed to all affected people on 10th of December, RP copies have been also distributed to affected villages , the local government and the sub-district offices in the project area., at the same time, RP will be uploaded on ADB website.The public participation during the distribution of Resettlement Information Handbook is shown in Table 8-2.

Table 8-2 Public Participation during Distribution of Resettlement Information

Handbook

Activities Targets Timing Purpose Distribution of Booklet APs Dec. 10, 2005 District (town) meeting All APs Dec. 12-13, 2005 Discuss LA & demolition

Visit partial APs Partial APs December 14-15, 2005

Discuss LA & demolition

Public consultation in district (town)

All APs December 15-20, 2005

Consultation of resettlement plan and restoration plan

Public participation plan during implementation of resettlement plan

1. Participation in house reconstruction. (1) Compensation standards for house demolition. The compensation standards shall directly impact the benefits of the affected people. Before removal, the land acquisition and demolition resettlement office of Xiangsihu New District shall negotiate compensation standards for demolished houses and enter agreement with the affected people. In this regard, before signing the agreement, the results of negotiation shall be released to the public so that the resettlement shall be under the public supervision. (2) The resettlement accepting places and house re-construction. In the stage of resettlement preparation, relevant departments have conducted necessary investigation for the resettlement places and the methods of house reconstruction. According to the results of investigation, most affected households agree to relocate their new homes within their villages and reconstruct the houses by themselves. The governments at all levels shall provide with necessary assistance at different stages of the house reconstruction. (3) Demolition of the old houses. All houses to be demolished shall be compensated at full replacement cost without consideration of depreciation. It is allowed that, at the will of the affected people and within a specific allowable time period, old houses can be

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dismantled before construction of the new houses or, vice versa. The re-usable materials from the demolished houses shall be at the disposal of the affected people, no deduction shall be made from the compensation.

2. Participation in production restoration All affected people (including the indirectly-affected people) shall be entitled to

participate in the land adjustment and re-distribution. Participation in utilization of land acquisition compensation. Based on the property rights, (i) all the land acquisition compensation shall be

directly paid to the villagers’ groups, embezzling or misappropriation shall be prohibited. (ii) identify the amount of compensation paid to APs. Utilization of such funds shall be generally accorded by the villagers’ conference and shall be conducted under the villagers’ representatives supervision and participation.

4. Participation in project construction. Project construction will bring about certain adverse impacts on the local

communities. In order to protect the benefits of the affected people from the project construction, local villagers are encouraged to participate in the project construction by creating favorable conditions in using local materials and labor force.

5. Public participation in safeguarding rights. During construction the entitlements of APs must be safeguarded, and so this project

will launch public participation in safeguarding rights of APs. The plan for public participation is shown in Table 8-3.

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Table 8-3 Plan for Public Participation

Activities Contents

Means of Participation

Timing Agencies Participants Remarks

Provide APs with outline of project construction & LA plan ; seek APs’ comments of LA & demolition

Public meetings Project preparation after PPTA

EA, township government, villagers’ committee

All APs

Provide APs with final LA reports

Public meetings & township meetings

Completion of Final Report & implementation time

EA, township government, villagers’ committee

All APs

Inform APs project’s progress of feasibility study or preliminary design, including construction progress plan.

Public & township meetings

ADB’s approval for loan

Executing agency Stakeholders, beneficiaries, APs

Meetings with beneficiaries & APs

Final survey for range, in-kind properties and removal affected by LA and demolition

Direct face-face interview with APs; In-kind survey.

Before implementation of LA & demolition plan

EA, township government, villagers’ committee

All APs Detail list of all assets and land

Inform APs of the titles, quantities and date of compensation payment.

Public meetings

Before implementation of LA & demolition plan

Demolition leading group, EA, township government,Villager’s committee, demolition company

All APs Hold meetings informing APs’ entitlements.

Monitor the impacts of LA & demolition on beneficiaries and APs, and on health as well.

Household visit

Before implementation of LA & demolition plan

EA, township government, villagers’ committees, independent external monitoring agency

Sampling investigation

Confirm whether to increase or enhance the assistance or support.

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9 Monitoring and Evaluation

9.1 Meanings of monitoring and evaluation

Monitoring and evaluation is a means of management constituting an effective part of the project management. Monitoring is a continuous evaluation both on the implementation of the project plans and on the utilization of project investment, infrastructure construction and service for project beneficiaries etc., also including the evaluation on the aspects of engineering, society and economy. The main goal of monitoring is to provide with continuous feedback of the project implementation, find out the existing and the potential problems and make prompt necessary adjustment. It is an effective means to improve the project management level, minimize the possibilities of failures, promote project construction and improve project quality.

Evaluation is the periodic assessment and judgment where summary and suggestion are proposed. It aims to evaluate the feasibility, situation of implementation and results of implementation for the identified project. Evaluation normally requires collection of necessary additional information of the project for comparative analysis, such as information of population, economy and time etc. Evaluation covers two aspects: one is to evaluate the issues that have happened, while the other is to deduce the issues that have not occurred according to the available information.

Continuous monitoring and periodic evaluation requires collection of materials to generate necessary information as required by project management after analysis. These information will provide feedback to the managerial level of the project for the reference of policy-making and thus the project management would be more effective. Similar to the project management system, the monitoring and evaluation shall also form an information system that covers the aspects of information design, information generation, information feedback etc.

9.2 Reasons and targets of monitoring and evaluation

According to the requirements stipulated in the Regulations on Construction Supervision promulgated by the Ministry of Construction of the People’s Republic of China (PRC) in 1995, all construction projects shall be properly supervised. It is also required by ADB resettlement handbook that monitoring and evaluation must be conducted for resettlement caused by the project funded by ADB. In order to ensure the full compliance with the resettlement plan in the aspects of land acquisition and resettlement, internal monitoring and external monitoring are required during the process of project construction. In addition to the external monitoring on implementation to be conducted on half-year basis, ADB also requires comprehensive mid-term review and completion review on the resettlement implementation.

9.3 Internal Monitoring

9.3.1 Purpose and task

The purpose of the internal monitoring is, during the execution and according to the monitoring responsibilities of the resettlement institutions as mentioned in the

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resettlement plan, to ensure the smooth resettlement implementation and protect the legal entitlements of the affected people. The municipal level audit department will perform independent auditing of the relevant departments that are under its administration according to concerned laws and regulations. This is the internal monitoring independent from the IA. The higher authorities shall be responsible for supervising the lower level institutions so that the implementation shall be proceeded with according to the plan and schedule.

9.3.2 Institution and staffing

The internal monitoring for land acquisition and demolition shall be undertaken by the land acquisition and demolition office under the Administrative Committee of Xiangsihu New District. In order to achieve effective internal monitoring, all land acquisition and demolition offices shall be established with full-time professionals in doing the job. They will prepare and execute the resettlement plan and perform the internal monitoring control during the whole process. The project construction department of Nanning Xiangsihu New District Construction and Development Co. Ltd. shall be at full responsibilities for the internal supervision. The land acquisition and demolition section shall establish an internal monitoring office consisting of three persons to perform the internal monitoring so that the resettlement can be proceeded with as per the plan and the benefits of the affected people can be safeguarded.

9.3.3 Monitoring contents

The major contents for internal monitoring are: (1) Identify and register the eligible groups for compensation according to the

entitlement matrix; (2) Distribution and utilization of the resettlement compensation; including the

compensation distribution and utilization for the land in river course; (3) Selection and relocation of resettlement houses; (4) Re-construct private houses; (5) Support to the vulnerable groups; (6) Employment of the affected people; (7) Quality and quantity of the newly-developed land; (8) Land adjustment and distribution; (9) Transfer of land subsidies; (10) Resettlement of individual stores (in any); (11) Rehabilitation of special equipment; (12) Arrangement of the above-mentioned work; (13) Execute the policies specified in the resettlement plan; (14) Organize public participation and consultation during the execution period; (15) Accept and deal with the grievance and complaints; and (16) Staffing, training, working plan as well as the working efficiency of the

resettlement office. (17) Quarterly internal report.

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9.3.4 Monitoring procedure

The project land acquisition and demolition office has proposed the working framework for monitoring the resettlement activities. It has also established the data base for the whole process of land acquisition, relocation and demolition for which monitoring are needed.

During the process of implementation, the municipal level land acquisition and demolition office will also set up corresponding data base which would be renewed with the progress of the project. Meanwhile, the monitoring group shall also make prompt records to the on-going activities of land acquisition, demolition and resettlement so that it can report to the project office for the purpose of continuous monitoring.

For the above-mentioned internal monitoring system, a series of tables have been formulated so that the villagers may promptly report to the project office. The municipal level LA and demolition office and the LA and demolition group of Xiangsihu New District are the important links for the internal monitoring system.

The project office will inspect and monitor the resettlement on regular basis, and make progress report to ADB on half-year basis.

9.3.5 Reporting

As soon as the land acquisition and demolition have been started, the lower land acquisition and demolition offices shall make a report on the working progress to the higher offices every three months.

Cycles

Upon the starting of the land acquisition and demolition, the land acquisition and demolition office of Xiangsihu New District shall make semi-annual progress report to the PMO. Similarly, the PMO shall, based on the submitted progress reports, submit semi-annual progress reports to ADB, respectively on April 30 and October 31 each year.

Public consultation meeting organized by the independent agency. (1) The text shall present in detail the progress of land acquisition and demolition,

payment and utilization of compensation, problems and difficulties arising during implementation as well as corresponding remedial measures;

(2) Present statistical data for the past six months in tabulated format, through comparison of the planned and the actual progress, the progresses of land acquisition, house demolition, house reconstruction and utilization of compensation can be identified. Referential formats are showed in Table 9-1 and Table 9-2.

Resettlement completion report After completion of resettlement, the IA and EA will furnish a comprehensive completion report and submit it to ADB before completion of the project construction.

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Table 9-1 Progress Report on Land Acquisition, House Demolition and Resettlement

Unit: ________________________________

Report cut-off date : ____/____/______ (d/m/y)

Date: ____/____/______ (d/m/y)

Items Unit Planned Qty.

Completed Qty.

Accumulated Qty.

% of Completion

Permanent land acquisition

mu

Temporary land occupation

mu

House demolition M2 Incl.: private house

M2

Public (collective) house

M2

Land Compensation

RMB10000

Payment of house demolition compensation

RMB10000

Reconstruction of private house

M2

Reconstruction of public (collective) house

M2

APs moving to new house

Persons

APs receiving training

Persons

Job Provision Persons Land readjustment

mu

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

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Table 9-2 Execution Progress on Funds Utilization

Nanning City _____ (group) ________ (village) __________ (town) Xixiangtang District.

Cut-off date: ____/____/______ (d/m/y)

Date: ____/____/______ (d/m/y)

Affected

institution Description24 Unit/Qty.

Investment

Required

(RMB)

Compensation

Received in

Reporting Period

(RMB)

Accumulative

Compensation % of Completion

Village --

Village --

Collective

Household

Other units

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

24 “Description” refers to the construction of village road (qty.), labor training and employment, subsidies to vulnerable groups etc.

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9.4 External Monitoring

9.4.1 Purpose and task

External monitoring and evaluation shall be conducted by an external agency that is independent from the executive institutions for the land acquisition and house demolition. It will be responsible for the monitoring and evaluation of the target realization of land acquisition, house demolition and resettlement. Through this process, the comments and proposals for the living standards of the affected people shall be brought forward. These will serve as the predicting and warning system for the project management. It also serves as the access for the affected people to state their opinions.

The external monitoring agency shall independently make report to the leading group of the project resettlement office. It is responsible for tracing, monitoring and evaluating the activities of resettlement, thus providing with necessary proposals for the policy making and formulation of mitigation measures.

9.4.2 Institution and staffing

The external monitoring agency should be a different institution from that of RP preparation agency. And this agency shall provide with necessary technical assistance for the project land acquisition and demolition offices and conduct necessary investigation of the living standards and basic monitoring for the APs. The agency will submit annual or semi-annual report to these offices and ADB during the project implementation and monitoring periods.

9.4.3 Major indicators of monitoring and evaluation

Major monitoring indicators (1) Progress: Including preparation, land acquisition, house demolition and

reconstruction etc. (2) Quality: including income restoration, livelihood restoration, living quality and

the satisfaction of APs. (3) Investment: allocation and utilization of funds

Major indicators for evaluation (1) Economic conditions: including economic development before and after land

acquisition and demolition, such as assets, production materials, livelihood and income etc.

(2) Social impacts and living conditions of resettlement: social, family and community relationships, gender issues, production rehabilitation, and restoration of social capitals etc.

(3) Environmental conditions: including the living conditions before and after land acquisition and demolition, such as transportation, culture and education, sanitation and commercial service facilities.

(4) Employment: including the change of employment, such as rate of employment, technical assistance to all affected people, especially vulnerable groups including

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poverty-stricken households etc. (5) Community development: including the local economy, environmental

development, neighboring relationship and the public participation after resettlement in the project area.

9.4.4 Monitoring and evaluation measures

The monitoring and evaluation shall be based on the investigation data provided by the investigation and design units and land acquisition and demolition executing institutions. In order to have full understanding, the evaluation methods shall adopt sample survey, questionnaire and participatory rapid appraisal (PRA) techniques. Normally, external monitoring and evaluation agency shall accomplish the following works:

Baseline survey of the living standards of displaced people. This subproject will conduct four surveys. (i) Baseline survey will be conducted

before resettlement (i.e. March 2006), including the baseline living standards survey for the selected displaced people (the samples shall be selected at random). (ii) Follow-up survey will be conducted at the second year of project construction commencement (i.e. before March 2007). (iii) Follow-up survey will be conducted at the third year after commencement (i.e. before March 2008). (iv) Completion survey will be conducted at the first year after completion of the project to identify the conditions of restoration (i.e. March 2009). If the restoration has not been completed, additional survey will be conducted. During the construction period, semi-annual monitoring and semi-annual report to ADB shall be conducted.

In each survey, the emphasis will be placed on exploring the living standards and restoration of the displaced people, so that their changes in living standard can be monitored. Through periodical survey, random visit and field investigation, necessary data shall be collected for analysis and evaluation. At the same time, the survey on the vulnerable groups shall be conducted.

Such survey shall include the indicators for living standards, some of them may reflect the dynamic changes of the living standards after land acquisition and house demolition. However, all the selected indicators shall be checked their reasonability in reflecting the actual productive and living standards under the baseline survey, as for such, necessary adjustment shall be made so that the acquired information may reflect the actual quantity and quality.

The number of samples for baseline survey and annual follow-up survey: 15% of APs affected by land acquisition and demolition (incl. 20% of vulnerable groups), 15% of the villages affected by land acquisition.

Public survey The independent monitoring and evaluation agency shall participate in the public

consultation meetings organized by Xiangsihu New District. In this way, the agency shall evaluate the effectiveness of public participation and the cooperative attitude of the displaced people towards the resettlement plan. All these activities shall be conducted during and after the land acquisition and house demolition.

Collect the opinions of the displaced people The independent monitoring and evaluation agency shall frequently visit the land

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acquisition and demolition office of Xiangsihu New District and the villagers to know more about the opinions of the displaced people. In addition, it shall also visit the displaced people who have complaints. The agency shall also report to the project land acquisition and demolition office the opinions and proposals of the affected people and units, as well as offer improvement suggestions so that the land acquisition and demolition shall be conducted smoothly.

Other responsibilities The independent monitoring and evaluation agency will propose to the project land

acquisition and demolition office its comments on compiling the action plan, and will monitor the following activities during the executing period.

(1) Selection of the relocating places; (2) House construction; (3) Arrangement and restoration of property rights (funds utilization); (4) Support to the vulnerable groups; (5) Resettlement of price shops; (6) Reconstruction of special facilities; (7) Compensation payment and total amount; (8) Transfer of displaced people; (9) Land acquisition compensation standard and payment, including the land

compensation for land in river course (10) Funds distribution and utilization of land compensation (11) Guide to formulate village rehabilitation plan (12) Labor employment; (13) Training (14) Schedule for implementation of the above items; (15) Efficiency of the land acquisition and demolition institutions; (16) Income, expenditures, assets, bank deposits and debts of displaced people; (17) Employment of surplus labors and income increase. The executing institutions

do not have the rights to employ the surplus labors but can suggest the construction contractors give priority to these affected people.

(18) Vulnerable group Income restoration including floating population and minority groups

(19) Level of satisfaction; (20) Effectiveness of grievance mechanism; (21) Efficiency of IA.

Working procedure (1) Compile monitoring and evaluation outline; (2) Draft the survey outline, survey format and archive card for the sampled villages

and households; (3) Design the format for village, household and social economy survey; (4) Complete the baseline survey and submit reports to ADB and the government; (5) Establish the information system for monitoring and evaluation; (6) Monitor the survey contents, community and social economic survey, executing

institutions for land acquisition and demolition, village survey, household survey, and investigate other affected people;

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(7) Classify monitoring information and establish data base; (8) Contrast analysis; and (9) Prepare semi-annual monitoring and annual evaluation reports.

9.4.5 Reporting

Within one month after accomplishing the task, the independent monitoring and evaluation agency shall report the achievement of the works it has undertaken. When submitting progress report to ADB, the project land acquisition and demolition office shall attach the monitoring and evaluation reports annual submitted by the independent monitoring and evaluation agency. The reports shall contain:

Cycles According to the ADB’s requirement, after the land acquisition and demolition have

started, the monitoring and evaluation survey shall be conducted once a year. During the period of land acquisition and demolition, the external report shall be made every two years.

Approach (1) Summary of baseline of land acquisition and demolition (attached to the report); (2) Plans for land acquisition and house reconstruction; (3) Production reconstruction and restoration; (4) Damage, relocation and reconstruction of houses; (5) Living standards of displaced people; (6) Utilization of land acquisition and demolition funds; (7) Reviews on the implementation and efficiency of executing institutions for land

acquisition and demolition; (8) Support to the vulnerable groups; (9) Problems and proposals; (10) Tracing previous problems and mitigation activities; and (11)Prepare an executive summary of 3-5 pages;

表 9-3 Deliverables of reporting and implementation schedule. Approach Period

1. Socio-economic baseline survey report / living standard report. 2006.7 2. Monitoring report (No.1). 2006.7 3. Monitoring report (No.2). 2007.1 4. Monitoring report (No.3). 2007.7 5. Evaluation report (No.1), attached with survey. 2008.1 6. Evaluation report (No.2), attached with survey. 2009.1 (If the resettlement is successfully completed, this report shall be attached with conclusion; if not, another report is required. )

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Appendix I: Implementation Scheme for Improvement of Village within City in Xiangsihu New District

Implementation Scheme for Improvement of Village within City in Xiangsihu New District

In order to expedite the urban construction, improve the urban living environment,

increase the living quality of the residents in “Village within city” upgrade the city’s status, serve for the China-ASEAN Expo as well as to promote the realization of the “136 program”of urban construction of Nanning City, according to the planning of Xiangsihu New District, it is to undertake improvement for the “villages within the city” such as Chendong village and Chenxi village. At the same time, such improvement project shall also cover Chen village, Ximing village, Shibu village and Silian village. The implementation scheme is formulated for the purpose of accelerating such improvement project.

Part I: Overall Implementation Plans

The necessary information such as total land area, population, range under

improvement and residential area proposed to be constructed are listed in the following table. Among these, the residential construction area include those with complete and incomplete title formalities; while the average per-capita construction area refers to the estimated figure provided by relevant villagers’ committees.

Unit: mu, person, m², m²/person

Village Total land area (mu)

Population(person)

Range of improvement

(mu)

Residential construction

area (m2)

Average residential

construction area

(m2/person) Chengdong 2180.20 1938 500.88 339150 175

Chenxi 778.25 1111 160.05 111100 100

Ximing 5761.72 1612 790.93 128960 80

Xincun 2181.82 1204 429.64 96320 80

Shibu 4687.14 2116 516.22 169280 80

Silian 20638.26 3802 1079.29 304160 80

Total 36227.39 11783 3477.01 1148970 ——

I. Range of improvement All the collective residential land of all these villages shall be covered by the

improvement project, with total area of 3477.01mu. Such does not cover the reserved land for tertiary industrial development. If such land is involved in the improvement area, the Administration Committee of Xiangsihu New District shall ensure the requirement in

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the form of exchange. II. Construction standards The construction shall stick to the principle of “high-standard, high starting-point and

high requirement”. The planning and construction should be greatly attended to. Under the premises of complying with the overall land-use planning, urban master planning and the improvement scheme for the “villages within the city” the improvement shall follow the requirement of “unified planning, comprehensive progress, in-stage construction, reasonable distribution and complete supporting facilities etc. to build multi-story (or high-rise) apartment buildings. Such will ultimately build these villages into an integrative commercial and residential area.

III. Scheme for improvement All rural collective economic organizations or equity-share cooperatives shall be

encouraged to apply for improvement. In this connection, the rural collective economic organizations of all villages or the equity-share cooperatives shall apply for improvement of “villages within the city” to the government for approval to be included in such improvement project. Then, under the guidance of the district government, the rural collective economic organizations shall directly undertake the improvement project or cooperate with qualified real estate company for such purpose. The improvement project shall be also conducted incorporating with the construction of resettlement houses and infrastructure as well as commercial land development as a whole. However, if for commercial land use, the land transfer shall be listed in Nanning land transfer center for open public bidding, auctioning and listing. Details are:

1. The administration committee of the new district shall be responsible for supplying the lands within the improvement scope that are respectively planed for rural’ house re-building, collective productive construction, public facilities and utilities in the form of land allotment. Other lands for commercial purposes such as commercial residence, commercial business, tourism and recreation etc. shall be supplied according to the relevant policies of the State through public bidding, auctioning and listing transfer etc.

2. The infrastructure such as urban roads, sewerage system, sanitation etc. and the public utilities such as water supply, power supply and gas supply etc. under this improvement project shall be included into the public facilities for unified management. The public facilities of the places covered by such improvement shall be planned along with other improvement projects, constructed in phases in a manner of overall advancement. The implementing agencies engaging in the improvement shall construct the necessary supporting facilities according to the planning by themselves, including provision of land for the places proposed to be improved and for the construction of trunk (secondary) roads, covering necessary infrastructure development such as access roads, pipelines, street lamps and landscaping etc.

3. Based on the principle of “dependency management” the governments of all urban districts shall be responsible for the normal management of the temporary occupation of the improved roads, as well as the management of the public infrastructure and utilities of roads (below 20m pavement in width), drainage systems, bridges, street lamps and landscapes etc. They shall be also responsible for approving the digging of roads of less 20m in width as well as for the environmental and sanitary management, supervision and comprehensive treatment of the new villages.

4. Every village shall organize the demolition of the structures and land attachments

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within their respective administrative area needed to be improved. The administrative committee of the New District shall make compensation for the vacated land according to the relevant regulations for acquisition of collectively-owned land of Nanning city.

5. In order to facilitate the opportunities of employment for the villagers, increase the rural’ income and thus improve the living standards, the implementing agencies engaging in the improvement shall be responsible for constructing multi-story or high-rise commercial and residential buildings, being at the standards of grade-II brick concrete. The ground floor shall be used as stores. Such buildings shall be managed by the rural collective economic organizations or the equity-share cooperatives, from which, the villagers may share the benefits. The second or above floors shall be used as the resettlement houses, which shall be distributed according the original demolished floorage of the villagers.

6. The commercial operational land within the area proposed to be improved shall be obtained via open public bidding and auctioning in Nanning Land Transfer Center. The net income from the assignment as arisen from such process shall be fully retained by the rural collective economic organizations or the equity-share cooperatives, of which, the utilization shall be under the municipal government and the administrative committee of the New District. The net income from the land assignment in this connection shall be used in priority to pay for the necessary charges of construction of the implementing agencies that conduct the improvement.

Part II. Methods for House Resettlement

In accordance with the Reviews of the CCP Committee and the People’s Government

of Nanning City on the Promotion of the Comprehensive Reform for “Villages within City”, Provisions of Nanning City for Management Improvement Construction of “Villages within City” as well as Methods of Compensation and Resettlement for Acquisition of Collective Land and House Demolition ( Ref.NFF[2003]106), to be more feasible for the improvement scheme, the resettlement houses shall be built with the same construction area with the original one, and the displaced household shall be resettled according to the original construction area. The additional area that does not conform to the resettlement area shall be bought by the displaced households at the cost price of the resettlement house. Detail methods for resettlement are:

1. Exchange of property rights for collective houses. The demolition o the houses on the collectively-owned land shall be compensated in

the form of exchanging property rights, i.e. the project implementing agency shall build in uniform the resettlement houses of grade-II brick-concrete structure. According to the initial survey, the structures of the rural houses are 80% of brick concrete, 15% of brick timbre and 5% of simple shed. Based on the compensation rates for different structural houses (grade-VI collective house compensation rate: brick concrete RMB1560/m², brick timbre RMB1381/m², simple structure RMB1107/m². ), then the ratios for exchange of property rights in terms of area are: 1:1 for brick concrete structure, 1:0.9 for brick timbre structure, and 1:0.7 for simple structure.

2. Identification of property rights for collective houses. ① The houses built on the rural collectively-owned land approved by the town

(township) people’s government before December 31 of 1986 shall be defined to have the

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rural collective land construction land use rights and house property rights. ② The houses built on the collectively-owned land approved by the town (township)

people’s government from January 1 of 1987 to March 31 of 1990, if the land use area conformed to the State’s standards of the time, shall be defined to have the rural collective land construction land use rights and house property rights.

③ Houses built on the rural collectively-owned land approved by town (township) people’s government from April 1 of 1990 to December 31 of 1998, if the land area conformed to the State’s standards of that time, shall be defined to have the rural collective land construction land use rights, while to have the house property rights if such houses were built with the approval documents issued by the urban planning administration department.

④ After January 1 of 1999, if the rights holders can present necessary documents such as land use approval, planning approval and house acceptance certificate, such case shall be defined to have the rural collective land construction land use rights and house property rights.

3. Resettlement standards based on the defined rights On the basis of the survey, among the collective houses in all villages, there are

about 80% that can be defined the rights, while the balance 20% cannot. As for the part with defined rights (or the houses that had been demolished due to Daxue road and Diyuan road construction or government’s acquisition, of which the construction area conformed to the State’s standards of that time), the standard resettlement area shall be computed as per 100% of the original floorage; as for those without defined rights (or those houses without approved formalities due to objective reasons such as the government’s suspension in approving house construction when the rural peoples submitted application), the standard resettlement houses shall be computed as per 50%. In this case, the additional area that is out of the standard resettlement area shall be procured by the displaced households according to the cost price of the resettlement houses.

Part III. Construction methods for resettlement houses

In order to fully utilize the urban land resources and improve the land utilization rate,

under the premises of complying with the overall land-use planning and urban master planning, it is to stick to the design concept of “human foremost” to elaborate the architectural styles and improve the infrastructure so that the “villages within city” may better merge with the modern urban development.

I. Site selection The land as required by the resettlement houses shall be arranged to the possible

extent within the range of improvement, among which, 339.15mu for Chendong village, 111.10mu for Chenxi village, 128.96mu for Ximing village, 96.32mu for Xin village, 169.28mu for Shibu village and 304.16mu for Silian village, totally 1148.97mu.

II. Construction scale and investment Construction of resettlement houses shall be in line with the house demolition and

constructed in different phases, so that the houses for the displaced households may be ensured. The major types of residential houses shall be 3-bedrooms with 2 halls and 4-bedrooms with 2 halls, each with construction area of about 90-150m²; other types shall

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include 2-bedrooms with 2 halls and 1-bedroom with 1 hall, each with construction area of 60-90m². Therefore, the total construction area for the second and above resettlement houses shall be 1148970m ² . However, the total construction area for qualified resettlement houses are 1073748.8m², of which, the difference shall be procured by the displaced households at the cost price, and therefore shall not be included into the resettlement cost. The construction cost for the resettlement houses shall be calculated as per RMB900/m² (qualified resettlement areas are shown in the attached table).

The total investment for construction of resettlement houses from the second and above stories shall be:

1073748.8×RMB900/m2 =RMB966.37392 million. The resettlement building shall be in seven stories, and the construction area of the

ground floor shall be: construction area of resettlement houses ÷6 stories=1148970m²÷6=191495m² So, the investment on the first floor of stores and shops will be: 191495m²×

RMB900/m²=RMB172.3455 million

Part IV. Investment Computation for Supportive Facilities Construction

In the resettlement area, the plot ratio shall be 1.5, greening rate 33%, assuming at the rate of RMB200/m2 for the investment of supportive facilities, then 1148.97÷0.0015×200=RMB153.196 million.

Part V. Computation of Cost Price of Resettlement Houses

The resettlement houses are built on the previous collectively-own houses, and so no

land cost shall be counted. Construction cost shall include house construction and the shared cost for public facilities, therefore, the cost price of resettlement houses = (house construction cost + shared cost for public facilities) ÷ area, then, [(1148970-1073748.8)×900+(1148970-1073748.8)÷1148970×15319.6×10000]÷(1148970-1073748.8)=RMB1033/m2

Part VI. Methods for Development of Commercial Operational Land

In order to expedite the improvement of the “villages within city” it is necessary to enhance the capital investment. The assignment of the operational commercial land shall be conducted to the possible extent along with the improvement construction. In this connection, the implementing agencies shall conduct the work of “three put-through, one leveling” for the vacated land that shall be later listed in Nanning Land Transfer Center for bidding and auctioning. The roads in the places proposed to be improved shall be planned and constructed in phases along with the improvement project. During computing the benefits of assignable land, the resettlement house land and the public road land shall be deducted. In this regard, an proportion of 30% shall be deducted on temporary basis as per the reserved land. Considering the up-valuation of the land due to the development of the core area of Xiangsihu New District, the estimated land transfer price shall be RMB1 million/mu, and so the land benefit shall be: 2328.04 × ( 1-30% ) ×

RMB100million/mu=RMB1629.628 million.

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Part VII. Compensation Cost for the Vacated Land

Land acquisition compensation = 2248.04×RMB20000/mu=RMB44.9608 million.

Part VIII. Conclusion

The surplus benefits fro land assignment = income from land assignment – construction input for the 2nd or above stories resettlement houses – construction input for 1 floor stores and shops – input in construction of supporting facilities – land acquisition compensation =162962.8-96637.392-17234.55-15319.6-4496.08=RMB292.7518 million

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Appendix II Resettlement Information Booklet

Resettlement Information Booklet

I. Objectives of the resettlement information booklet

Resettlement Handbook mainly aims to offer a brief introduction to the project,

especially on compensation rate, resettlement interests, as well as how and when to effect payment of compensation and other necessary charges to the affected people or communities. It is a part of information publication work to notify the policies of land acquisition, house demolition, compensation, payment for discharges, the treatment of complaints as well as accusation procedures. The project IAs shall distribute the Handbooks to the affected people before close measures and investigation. The Handbooks should be distributed to land acquisition and demolition offices and village committees of the affected project zones.

II. Project background

1. Project scope The range of Nanning Kelijiang River Comprehensive Environmental Upgrading

Project is: in the north: the dyke foot of Tianbao reservoir; in the south, the west dyke at the north bank of Yongjiang River; in the east, Qingchuan Road; in the west, outer ring expressway to west bank of Shibu River. The total area is 2317.0ha., roughly covering west part of Group 2, the whole area of Group 3 and the north part of Group 5.

2. Project components

(1) River course treatment. The upgrading project covers a section of 4.3 km from outer ring expressway at the

dike foot of Tianbao Reservoir of Kelijiang River to Yongjiang River. River course treatment shall be done according to the standard P=2% for flood control

and P=5% for water logging control. Xiangsihu Lake (an artificial lake) shall be constructed at the lower reaches of the river to store and regulate flood water. The lake shall cover an area of 1.4km2 and shall has a storage capacity of 9.98 million m³.

Watercourse width: the upper reaches section shall be 110~250m wide (east watercourse) and 40~80m wide(west watercourse)and middle and lower reaches shall be 100~390m wide respectively. The river side shall be in the form of duplex trapezoidal section with the lower layer platform approaching average water level to facilitate people to access water. The upper platform is higher than the designed flood level. On both the upper and lower platforms are built with road in 5m width, where wharfs shall be built along the river. In addition, silt arrester and overflow weir shall be established at the east and west river head entrances of at the upper reaches.

(2) Sewage pipeline project The sewerage system shall be constructed on the basis of separate system according to

the overall arrangement of the sewerage system of Nanning City, as well in combination of the urban development of Xiangsihu New District, the sewerage system shall be constructed

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along with the planned road. Waste water in this district shall be collected at most and transferred to Jiangnan WwTP so to eliminate the pollution to the local water body and improve the regional living environment. The size of sewers shall be D=400~1350mm, with a total length of 47.75km.

(3) Sewage pumping station A sewage pumping station covering an area of 20-odd mu will be constructed in

Ximing village. (4) Storm system. Based on the separate system, the lagged drainage system shall be improved to

settle the problem of water logging. Furthermore, in combination with the river course treatment, repeated construction and breaking of drainage pipelines after completion of such treatment shall be avoided and thus achieve an one-time target of upgrading. The size of storm water pipes shall be D=600~2400mm, with total length of 66.90km.

(5) Eco-restoration Ecological landscaping shall be done along both banks of Kelijiang River.

III. Affected area and quantity

The affected areas of the project cover two urban administrative districts, i.e. Gaoxin

district and Xixiangtang district. From the planned construction alignment, this subproject will cover 5 villages and 2

communities, which will substantially bring about negative impacts, including loss of farmland and house properties as well as demolition of stores and small-scale industrial enterprises. The villages and communities affected by Kelijiang subproject are shown in the following table.

Table 1 Villages and Communities Affected by Kelijiang subproject

Administrative areas

Town/Sub-district office Villages / Communities

Chenxi Village Xiangsihu communities Shangyao subdistrict office Daxuenan communities

Xixiangtang District

Shibu sub-district office Ximing village Xinxu village Hede village Gaoxin district Xinxu town Silian village

The project will acquire 882mu of land, including 507mu of rural collectively-owned

land and 375mu of state-owned land from enterprises and institutional units. There are 274 households covering 1113 persons, including 223 local households of 909 persons, and 51 floating households of 204 persons.

The total area of structures proposed to be demolished shall be 23127m², including 8277m ² of rural structures and 14850m ² of urban structures. There will be 304 households of 986 persons affected by demolition, including 10 local rural households of

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24 persons, 141 urban households of 435 persons, and 153 floating households of 527 persons. The total population affected by land acquisition and demolition is 578 households of 2102 persons, including 223 local rural households of 936 persons, 141 urban households of 435 persons, and 204 floating households of 731 persons.

IV. Planning for resettlement Under the leadership of the Administration Committee of Nanning Xiangsihu New

District, upon detail investigation of the impacts as well as on the basis of fully soliciting the villagers’ opinions, the resettlement plan is prepared by Guangxi Academy of Social Sciences. Resettlement will be based on land and supported by development of multiple economic components. Through implementing the restoration plan for all villagers’ groups, the plan will provide with short-term living assurance and the long-term production basis for potential development. Therefore, combination of the resettlement and restoration with the regional economic development will enable the affected people to reach or even surpass the living standards before being resettled.

IV. Policies basis and targets

(I) Policy basis

(1) Land Administration Law of the People’s Republic of China (effected from January 1 of 1999)

Regulations for Implementation of Land Administration Law of the People’s Republic of China (effected from January 1, 1999).

Administrative Regulations for Urban Building Demolition and Relocation (effected from Nov. 11, 2001).

Methods of Guangxi Zhuang Autonomous Region on Implementation of Land Administration Law of the People’s Republic of China (effected from September 1 , 2001)

(5) Provisions of Guangxi Zhuang Autonomous Region on Implementation of Administration Regulations for Dismantling Houses in City, Ref. No.4, issued by the people’s government of Guangxi, effected from September 1, 2003.

(6) Implementation Methods for Management of Urban Building Demolition and Relocation (trial), Decree No.17 of the People’s Government of Nanning City, effected from July 1 of 2003.

(7) Management Regulations on Evaluation of House Demolition of Nanning City (Trial), Ref. No.NFF[2003]78, effected from July 1, 2003.

(8) Methods of Compensation and Relocation for Acquisition of Collective Land and House Demolition (Trial), Ref. No.NFF[2004]106, effected from November 19, 2004.

(9) Reviews on the Issues of Compensation and Relocation for Acquisition of Collective Land and House Demolition of Nanning City, Ref. No.NGTZF[2005]1, effected from January 5, 2005.

(10) Interim Procedures of Nanning City on Administration of Economic Houses (Ref. No.NFF[2004]109, effected from December 2, 2004);

(11) Measures for Administration of Low-Rent Houses for Urban Lowest Income Households (Decree No.120, jointly issued by Ministry of Construction, Ministry of Finance,

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Ministry of Civil Affairs, Ministry of Land Resources, State Administration of Taxation, effected from March 1, 2003).

(12) Procedures of Nanning City for Creation of Pilot Credit Cooperative Community for Micro Credit Loan for Laid-off Workers (Ref. No.NNYF[2005]84, effected from Oct. 8, 2005).

(13) Circular of General Office of the People’s Government of Guangxi Zhuang Autonomous Region on Strengthening the Management and Services for Rural Workforce in Urban Areas (Ref. No.GZBF[2003]91, effective from May 30, 2003);

(14) Circular on Issuing the Guiding Instructions on Further Optimizing the System of Compensation Resettlement for Land Acquisition, Ref. No.GTZF[2004]238, effected from November 3, 2004.

(15) ADB’s policy on involuntary resettlement and A Handbook on Resettlement (16) Minority protection policy, poverty reduction policy and gender and development

policy of Asian Development Bank. (II) Policy objectives

(1) The compensation and titles gained by the affected people shall at least enable them to maintain the same living standards as “without project” or even better;

(2) In the preparatory stage of this subproject, social and economic survey must be conducted before compiling corresponding resettlement plan;

(3) All affected people regardless of the legal titles shall be entitled to get compensation and demolition assistance;

(4) Encourage development-type resettlement; Rural resettlement shall be based on land and supported by the local advanced secondary and tertiary industries to widen the opportunities for employment.

(5) Vulnerable groups shall receive special assistance and treatment so that they can live better.

(6) Displaced people shall be considered to be resettled within the original community. (7) All displaced people and the original residents within the resettlement area shall be

benefited from the project construction. (8) The affected people shall have good understanding of the qualification, means and

standards of compensation, livelihood and restoration plan as well as project construction arrangement etc., and participate in the implementation of the resettlement plan.

(III) Compensation standards 1. Compensation standards for rural collectively-own land (1) Basic compensation standards for rural collectively-own land The basic compensation for acquiring rural collectively-owned land shall be defined

according to the basic land compensation standard by taking into consideration of the average per-capita cultivated land coefficient of the rural collective economic organizations, i.e. .

land basic compensation = basic land compensation standard × the average per-capita cultivated land coefficient.

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Table 1 Compensation Standards for Acquisition of Rural Collectively-owned Land Unit: RMB/mu

Types of Land Standard Paddy Field 45000

Dry land 35000 Vegetable Land 70000

Orchard land 36000 Fish Pond 53000

Other farmland 20000

Table 2 Average Per-capital Cultivated Land Coefficients

Average Per-capita Cultivated Land

(mu) Over 0.45 (0.45 excluded)

0.45-0.3 (0.3 included)

Below 0.3

Modification Ratio 1.0 1.2 1.4

(2) Compensation standards for standing crops on rural collectively-owned land

Table 3 Compensation Standards for Standing Crops Unit: RMB/mu

Types of Land Compensation Standards (RMB/mu) Paddy Field 1800

Vegetable Land 3500 Fish Pond 3000 Dry Land 1500

Orchard Land 800~4000

(3) Compensation standards for land attachments on rural collectively-owned land

Table 4 Compensation Standards for Land Attachments unit: RMB

Types Units Standard Dam no. 50000

Pond dam no. 20000 <10cm tree pcs 5-15 >10cm tree pcs 25-60

Dia. <15cm longan and lichee trees

pcs 10-250

Dia. >15cm longan and lichee trees

pcs 25-4000

Other fruit trees pcs 10-250

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(4) Compensation standards for temporary land occupation According to the relevant regulations of the State and the Autonomous Region,

compensation for temporary land occupation shall be computed on the basis of the annual average output value and the time of temporary occupation. For convenience of calculation, such compensation shall be the standing crops compensation standard rate multiplied by the time of occupation. The time period of more than 3 months but less than 6 months shall be computed as per 6 months, while that of more than 6 months but less than 1 year shall be computed as per 1 year. Temporary land occupation may damage the original land surface and the previous irrigation facilities. The construction unit shall restore the surface soil quality and the related irrigation facilities to the previous level, failing to restore to the previous farmland properties and the output status, the construction unit shall make compensation as per the permanent occupation. The compensation standards for temporary land occupation are shown in the following:

Table 5 Compensation Standards for Temporary Land Occupation Unit: RMB/year·mu

Land Type Paddy Rice Dry land Vegetable

Land Orchard Fish Pond

Standards 1800 1500 3000 2000 3000

(5) Compensation standards for land in river course According to Article 9 of Constitution of the People’s Republic of China25, the river

course of Kelijiang river is the state-owned resources, and thus project construction that occupy the river course will not make any compensation. Traditionally, the local villagers along Kelijiang River have been fishing on these river-course for years without permit, nevertheless, the river-course lands are really the important income sources of the local villagers. If the occupation of the river course by the project be without compensation, the farmers’ future production and livelihood will be affected. In fact, the local villagers also express such wishes with we conduct the social survey. In order not to affect the implementation of this subproject, NMG attaches great importance to this issue, and, in the principle of human-foremost, decides to compensate these river course land by referring to the compensation standards for fish ponds that presented in Ref. No.NFF[2004]106.

(6) Other taxes and charges for rural land In addition to the above compensation for land acquisition, other necessary charges

must be paid, including land administration fees, farmland occupation tax, development and construction funds for new vegetable plots and fish ponds, farmland reclamation charges, land acquisition service charges and urban construction charges etc.

(a) Land administration fees shall be collected as per Ref.GJFZ[1994]210,

25This Article stipulates that: The natural resources including minerals, water, forests, mountains, grasslands, wasteland and mudland etc. belong to the state ownership, i.e. ownership by the whole people, except those are stipulated by law to be under collective ownership.

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Ref.GJFZ[2001]250, Ref.GCYWZ[1999]12 etc., the charge rate shall be 2.8% of the basic land compensation.

(b) Farmland occupation tax shall be collected as per Ref. GZF[1987]88 at the standard rate of RMB7/m2.

(c) The collection of development and construction funds for new vegetable plots and fish ponds shall be based on Ref. Memo[2003]1 of the Standing Committee of the people’s government of Nanning city at the rate of RMB10000/mu.

(d) Farmland reclamation charges shall be computed as per Ref. GJZ[2001]138 at the rate of RMB30/m2 for paddy fields and vegetable land while RMB20/m2 for dry land and orchard land.

(e) Urban construction support charges shall be computed as per RMB15000/mu. (f) Land acquisition service charges shall be computed as per RMB2/m2.

2. Compensation standards for demolition of rural houses Demolition of the legal houses built on the collective land shall be resettled in the

means of monetary compensation, exchange of property rights or house sites etc. Removal of residential houses shall be compensated with transition subsidies, removal subsidies and time-lost subsidies etc. Demolition of non-residential houses shall be compensated with removal subsidies.

(1) Monetary compensation standards for demolition of collective non-residential houses

Table 6 Monetary Compensation Standards for Demolition of Collective

Non-Residential Houses Unit: RMB/m²

Purpose of House Brick-concrete Structure Brick –wood

Structure

Hotels 1760

Industry 1459

(2) Monetary compensation standards for demolition of other houses.

Table 7 Monetary Compensation Standards for Demolition of Other Houses Unit: RMB/m²

Categories Standards Production supplementary houses 130~180

House for animal breeding 100 (3) Subsidies for rural houses with unregistered or incomplete title formalities.

Table 8 Subsidies Standards for Rural Houses with Unregistered or Incomplete Title Formalities Unit: RMb/m2

Category Frame Brick Concrete Brick Wood Simple

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Price 200 160 110 60 (4) Standards for subsidies for demolition of the houses built on collectively-own land

Table 9 Standards for Subsidies for Demolition of Houses Built on Collectively-owned Land Unit: RMB/m²

Items Standards Non-residential house moving subsidies

RMB8/m ² as per the floorage of the demolished houses.

3. Compensation standards for demolition of houses of institutional units

Demolition of the residential houses of the working staff, if belonging to the category of house-reform, shall be compensated in the forms of monetary compensation; demolition of the office houses and storage houses shall be compensated at the full replacement cost, while the land belongs to the state’s ownership. In this case, the demolition unit shall pay to the displaced people the house demolition subsidies.

(1) Compensation Standards for Demolition of Residential Houses of Working Staff in Institutional Units

Table 10 Monetary Compensation Standards for Demolition of Residential Houses of Working Staff in Institutional Units Unit: RMB/m²

Structure Type of houses

Frame (reinforced) Brick concrete & pre-cast slab

House reform 1965 1650

(2) Compensation standards in form of replacement cost for demolition of other

houses of the institutional units

Table 11 Monetary Compensation Standards for Demolition of Other Houses of Institutional Units Unit: RMB/m²

Type of Houses Frame Structure

Brick-concrete Structure

Brick –wood Structure

Simple Structure

Office buildings 800 700 500 — Storage house 750 650 470 150

(3) Standards for house demolition subsidies for institutional units and working staff

Table 12 Standards for House Demolition Subsidies for Institutional Units and Working Staff

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Types Items Standards

Residence moving subsidies RMB8/m²each time as per floorage area of houses

Non-residence moving subsidies

RMB8/m²each time as per floorage area of floorage area houses.

Time-lost subsidies RMB150/time each household

Removal of telephone, broad band etc.

Based on the charges standards of relevant departments.

Reward for advance removal RMB4000/household

Moving subsidies

Subsidies for obtaining house property titles.

RMB200/each

Temporary resettlement subsidies for residential houses

RMB6/m²per month as per the floorage area to be compensated.

4. State-owned land of institutional units Occupation of state-owned land of some institutions by the project shall be

compensated in the form of monetary compensation properly. In this connection, land compensation and resettlement subsidies shall be at 70% of the amount compensated for the acquisition of same-category collectively-owned land;

V. Payment of compensation

After necessary legal process and registration, notification, identification and signing

agreement etc., the IA of Kelijiang subproject will entrust concerned administrative department of Nanning City for assistance, who will directly deposit the amount of compensation to the accounts of the individuals or collective organizations whose land have been requisitioned. The compensation to the collective organizations or the institutional units shall be paid to the accounts designated by them. As for collective land acquisition, the compensation for crops shall be directly paid to affected households and individuals. The labor resettlement subsidies shall be subject to individual’s opinions. In case resettlement arranged by the villagers’ committee through land adjustment, the resettlement subsidies shall not be paid to individuals and shall be retained as the funds for development of collective economy. Those affected individuals without the need of being resettled through land adjustment shall directly get the resettlement subsidies. Compensation for the collective land and public infrastructure facilities shall be directly paid to the villagers’ committee and further used to restore the economic level of the affected people through production development. In the places without land adjustment for resettlement, the rural peoples who have lost the land shall enjoy cash compensation.

As for the vulnerable groups, including isolated aged, disabled, households led by women and special poor households, the subproject, if necessary, provides with additional economic assistance and in-kind supports. According to the resettlement plan, vulnerable groups will receive special assistance from the subproject. In this connection,

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the EA will entrust concerned institutions to provide with practical assistance to them during the process of house reconstruction and removal. The EA will provide with special assistance to help the vulnerable groups in house construction for the purpose of maintaining the previous living standard. The standard for subsidies shall be defined according to the actual conditions and requirement.

VI. Arrangement of the implementing agency

For the effective implementation of the resettlement plan, corresponding institutional

networks shall be established at all government levels so that they can take the responsibilities for the planning, coordination, implementation and monitoring of the resettlement activities. The followings are the related institutions exclusively established for resettlement activities for the subproject.

(1) House Demolition and Resettlement Office of Xiangsihu New District (1) Organize and manage the resettlement of this subproject; (2) Supervise and inspect the implementation of the resettlement plan as well as the

payment and utilization of the compensation funds; (3) Coordinate and deal with various problems arising from the resettlement; and 2. Nanning Xiangsihu New District Construction and Development Co., Ltd

(1) According to the decision of the People’s Government of Nanning City, organize and implement the works of land acquisition, resettlement and compensation;

(2) Investigate resettlement implementation, listen to the comments from relevant units and individuals, deal with the grievance and take necessary actions; and

(3) Propose suggestions to the urban district, sub-district offices, townships and villages for the planning of payment of compensation.

3. Villagers’ committee and villagers’ groups The resettlement working group of the villagers’ committee and villagers’ group shall

mainly consist of the cadres of the village and villagers’ groups. Major responsibilities are:

(1) Participate in the social and economic survey; (2) Organize the public discussion and stress the awareness campaign for land

acquisition policies; (3) Select the resettlement location and arrange house sites for affected people; (4) Be responsible for land adjustment and distribution, organize the resettlement

activities such as production development and training etc.; (5) Be responsible for the management and allocation of the compensation funds; (6) Report to the higher authorities the comments and proposals of the affected people; (7) Report the progress of resettlement; and (8) Provide with necessary assistance to the vulnerable households.

VII. Resettlement plan and implementation participation

During the design and preparatory stages, the EA has already conducted necessary

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public consultation with the local government, affected persons and the representatives of affected enterprises in form of meetings. In this stage, the APs will participate in the following activities: (1) alignment adjustment to further mitigate adverse impacts; (2) classification and measurement of the land, houses and enterprises affected by the project; (3) census and inspection of the trees, wells and fence-walls etc. (4) investigation and identification of the facilities of water and electricity supply, telecommunication and other public facilities.

During the process of project implementation, the APs will participate the following activities: (1) confirmation of the range and standards for compensation. (2) common agreement on compensation rates; (3) selection of replaced location; (4) adjustment of farmland; (5) employment of APs of affected enterprises; (6) use of compensation funds at the levels of villages/communities. (7) decisions on the grievance; (8) monitoring and research of resettlement plan.

VIII. Grievance Procedure

The members in the land acquisition and demolition offices at village, sub-district

office and urban district levels shall be prepared to answer any questions arising from the implementation of the resettlement plan. Necessary contact information such as persons in-charge, office address and telephone numbers at all levels must be open to the public before the project is started.

Grievance procedure shall observe the following three steps, i.e.: Step 1. Any individual in discontent with the resettlement activities shall report to

the villagers’ committee in verbal or written forms. If the problem is not solved, such issue shall be forwarded to the land acquisition and demolition offices of sub-district offices or urban districts. If no satisfactory response is made within three weeks, he shall submit written complaints to the relevant competent departments of the city level. Direct submission to the relevant administrative departments at the levels of urban district and city shall be allowed.

Step 2. After receiving the submission of related individuals or units, the leading group for land acquisition and resettlement shall resolve the problem within four weeks. If such is still unsatisfactory, they shall appeal to the people’s court at urban district level in written form.

Step 3. If related individuals or units are still unsatisfied with the verdicts of the district-level people’s court, they may appeal to the Nanning Intermediate People’s Court, from which, the verdict shall be the final for execution.

The related people may lodge grievances from all aspects of the resettlement and compensation payment, including the compensation standards. In the resettlement handbook, the procedure for submission and lodging grievances shall be published to all affected people. These information shall be also released to the affected people in the meetings held prior to the land acquisition.

During the entire process of the project construction, these grievance procedures shall remain valid so that the villagers may deal with relevant issues, such as location and design of drainage, pedestrian and access roads etc. Also, the villagers may also have an effective means to reflect these issues to the project management institution and the concerned parties of the project for discussion of the resolution methods.

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IX. Entitlements Matrix

Table 13 Entitlements Matrix

Affected Types

Degree of Impacts APs Entitlements Compensation Standards & Resettlement Plan

15 village groups of Chenxi, Silian, Xinxu and Hede villages

(1) Land requisitioned shall be compensated for on the basis of its original purpose of use. . (2) Compensation shall include compensation for land, resettlement subsidies and attachments and young crops on the acquired land. (3) Land compensation and resettlement subsidies shall be owned by collective organization and shall be exclusively used in production rehabilitation, labor force resettlement. Misappropriation shall be prohibited.

As per Ref. No.NFF[2004]106, the rural collective organization will get RMB40.65 million of land compensation and resettlement subsidies.

Permanent

Acquisition of rural collectively-owned land 507mu

Affected rural households (223 households, 909 persons. )

(1) Get crops compensation and labor resettlement subsidies; (2) Get opportunities for compensation in the forms of industrial land, subsidies in kind, self-seeking jobs and MLSS subsidies; and

1. APs may get crops compensation of about RMB75000 (standards as per Ref. No. NFF[2004]106).

2. Local population will get average 40 ㎡ of industrial land each person. 3. Five-guarantee households and poverty households will enjoy MLSS policy. (4) Get RMB25000 subsidies if in the form of self-seeking jobs.

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Affected Types

Degree of Impacts APs Entitlements Compensation Standards & Resettlement Plan

Floating population: 51 households, covering 204 persons (over 3 years of renting land).

(1)Get compensation for standing crops. ( 2 ) Get employment guidance and training

1. Get compensation of about RMB1.37 million for standing crops from land renting (standards as per Ref. No. NFF[2004]106).

2. Those losing jobs may be employed in the project construction on temporary basis.

Temporary land occupation

Temporary occupation of collectively-owned land 37mu.

Affected households: about 20 households, covering 55 persons.

(1) Get compensation for temporary land occupation; (2) To be recovered by construction unit.

Dry land compensation: RMB1500/yr. mu × 15 mu × 1yr = RMB22500. Vegetable land compensation: RMB3000/yr. mu × 22 mu × 1yr = RMB6600.

Ownership: 2 collective & 10 individual, totally 27 persons.

Non-residential house: (1) Monetary compensation; (2) Non-residential house moving subsidies.

Totally about RMB4.10 of house compensation (details refer to summary estimated compensation), benefited by local residents.

Demolition of rural houses

Rural house area 8277m². Floating

population (lessee): 153 households, totally 527 persons.

Entitlement to gain corresponding compensation.

Be compensated with house demolition compensation, moving subsidies, lost-time subsidies and temporary transition subsidies, being at the standards as the above.

Institutional units (4 units)

Permanent occupation of state-owned land: 375mu; house demolition: 14850㎡.

4 institutional units affected, totally 141 households of 435 persons.

(1) land acquisition compensation; (2) house demolition compensation at replacement cost; (3) Temporary transition subsidies; (4) Residential house removing subsidies; (5) Removal time-lost subsidies; (6) Removal charges for telephone, cable TV and broad band etc.;

1. RMB45.26 million of land and crops compensation, belonging to the institutional units; 2. RMB25.25 million of house compensation, managed by units for house reconstruction. 3. RMB1.27 million of other subsidies or

compensation, belonging to affected individuals.

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Affected Types

Degree of Impacts APs Entitlements Compensation Standards & Resettlement Plan

(7) Reward for advance removing; (8) Subsidies for obtaining house property titles; (9) Moving subsidies for non-residential houses.

Vulnerable groups

Loss incurred by loss of land

23 poverty persons; 16 women-headed households; 11 solitary elderly; 6 disabled.

Besides the corresponding policies above, the affected vulnerable groups can also enjoy some other favorable policies such as: (1) The minimum resettlement area for the exchange of property rights for the demolished houses on the collective land for APs; (2) As for the demolition of houses built on the state-owned land, APs shall enjoy MLSS or exchange of property rights; (3) Provision of occupational training and employment information; (4) The demolition unit shall assist and support to the extent possible the displacement of the vulnerable groups.

1. Poverty disabled and solitary elderly can enjoy rural MLSS at annual subsidies of RMB625/person;

2. Enjoy the policies for economic houses and low-cost houses; 3. Given priority in job opportunities; 4. Special favors given to households headed by women.

Infrastructure facilities and land-attached structures

/ Owners Compensation to the property owners by IA.

Compensation at full replacement cost

Grievance APs

APs unsatisfied with land acquisition and demolition compensation

Relevant institutions shall accept the complaints and grievance lodged by APs.

/

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Appendix III Outline for Village Level Resettlement Survey

Outline for Village Level Resettlement Survey

Persons visited: Cadres of the villages, including CCP secretary, director,

secretary, head of women, CYL secretary etc. Survey contents: I. Introduction 1. Regional location, number of villagers’ group, total households, total population

(agricultural population, floating population, including local, regional and foreign-province population), out-going population, numbers of family names, numbers of ethnic groups etc. ;

2. Total area of cultivated land, including the areas of paddy field, dry land, forest land, orchard, vegetable land and fish pond etc. ;

3. Labor resources, total labors, age structure of labors (16-60 for male; 16-55 for female), numbers of under-aged labors, numbers of above-aged labors, out-going labors etc.;

4. Among the employed people, the proportions respective in agriculture, forestry, animal husbandry, mining, fishery, manufacturing, production and supply of electric power, coal and water, building, transportation, warehousing and postal service, wholesale and retail, hotel and restaurant services, residential and other services, education, sanitation, social security and welfare, culture, sports and entertainment, public servants etc.;

5. Unemployed people: the aged, students and disable; 6. Major crops of the village (such as paddy rice, corn, vegetable and fruits etc.);

and 7. Major income sources of the village (in respective proportions), average

per-capita net income in 2004; estimated average per-capita net income for 2005. II. Impacts of land acquisition and house demolition 1. Total area of land proposed to be requisitioned (classified in paddy field, dry

land, vegetable land, orchard land, fish pond, forest land and wasteland), including the proportion of the acquired production land in the original production area;

2. Structure of affected people, including numbers of households, population, ethnic groups etc. ;

3. Numbers of households with proposed house demolition and corresponding proportion in total village households; total construction area of the demolished houses (numbers of houses with or without titles, number of illegal structures); number of affected households, ethnic groups and populations by house demolition; and 4. Number of floating population affected by land acquisition; number of floating population affected by house demolition.

III. Situation of vulnerable groups The numbers of households enjoying five guarantees, households headed by

women, the disable, the special-poverty households, the solitary (if not many, names

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included), and their living conditions (being covered by social insurance or minimum living assurance system or not).

IV. Restoration measures for production and living 1. How to restore the normal production and living after land acquisition? What

are you going to do? Are there adequate and surplus cultivated lands for re-distribution in the village? If not, what measures will be taken? How to effectively use the compensation paid by the government to develop production and improve living? Comments are seek respectively from male and female, so that the gender impacts can be identified.

2. How to reconstruct the new houses after being demolished? What specific requirement on selection of house sites? Are the selected places proposed for relocation far away from schools and hospitals? If moving to the new places, what are the requirement on electricity supply, access road, water supply, telephone and television ?

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Appendix IV Outline of Survey for Resettlement of Enterprises and Institutional Units

Outline of Survey for Resettlement of Enterprises and Institutional Units

Persons visited: Related persons in-charge and working staff of relevant units

(colleges and universities). Survey contents: I. Introduction. Quantity, characteristics and distribution of the institutional units needed to be

resettled. II. Basic situation of the affected units Total households, total population, population with urban household registration,

population of other household registration, total numbers of working staff, numbers of students, proportion of male and female, proportion of ethnic groups, number of employed contracting workers etc.

III. Land acquisition 1. Total area of land of the unit, classified into cultivated land, wasteland, orchard land,

forest land and road (field survey is needed to estimate the area). 2. Land proposed to be requisitioned within the construction alignment, types of land

(forest land, fruit tree, fish pond and paddy field), indicating respective proportions. IV. House demolition 1. How many buildings to be demolished? How many square meters? How many

affected households (or departments) and affected people? The proportions of frame, brick concrete, brick timbre structures? The proportion of these four structures in the total houses of the units? The proportions of public houses and private houses ?

2. In the public houses, the proportions of factory building, office building, teaching building, faculties building and students’ dormitories etc.

3. In private houses, the numbers of houses with or without titles? How many illegal structures?

4. Are there any lands proposed to be requisitioned for the enterprises of the units (such as school-attached factory, farm etc.)? How much the annual production value of the affected enterprises? How many working staff is affected? How much are their monthly salaries?

V. Resettlement willingness of the APs 1. What kind of forms for land compensation, monetary, land exchange or other means? 2. What special requirement on compensation of the public houses? 3. What is the willingness for the compensation means for private houses? 4. What are the attitudes, suggestions and requirements of different genders towards

the project construction ?

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Appendix V. A Letter to Households

A Letter to Households

Dear Households, First of all, please allow us to express our great thanks to you for your time in participating in our survey. In order to improve the urban environment of Nanning City, the Municipal Government plans to implement Kelijiang River Comprehensive Environmental Upgrading Subproject that is characterized by three major components of river course treatment, sewage interception and ecological restoration. Through construction of this subproject, this area will reach the required standards in flood and water-logging control, pollution control and eco-environmental improvement. Kelijiang subproject is a component of Nanning Urban Environmental Upgrading Project. According to the planning, you may belong to the households within the construction alignment that are affected by land acquisition and house demolition. Commissioned by PMO, we undertake this sample survey on the urban and rural residents of the project areas with the purpose to develop a good resettlement plan that will enable the affected people to restore their normal production and livelihoods and ensure the smooth implementation of the project. Therefore, we sincerely hope that you may kindly cooperate with us in conducting this survey and make your contribution to the development of Kelijiang River Comprehensive Environmental Upgrading Subproject. All the information acquired from this survey shall be processed by computers for the exclusive purpose of developing the resettlement plan. We assure you and solemnly promise not to disclose any acquired information of any individual household. Best regards.

Institute of Ethnic Economic Studies of Guangxi Academy of Social Sciences December 18, 2004.

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Appendix VI: Questionnaire for Household Survey

Questionnaire for Household Survey

_____ (Group) _______ Villagers’ Committee _______ Town (Sub-district) ________ District, Nanning City Province Code□□; County Coty□□□□; Town Code□□□; Village Code□□□; Household Code□□□; LA Household□; House Demolition Household□; LA & Demolition Household□; Floating Household□; Members□. Name of Household Head: __________________ Telephone: ________________________

Prepared by Institute of Ethnic Economic Studies of Guangxi Academy of Social Sciences.

Indicators Code Unit Qty. Indicators Code Unit Qty.

A B C 1 A B C 1

I. Introduction -- -- -- ⑥ Warehousing & postal service

27 Persons

1. Household head -- -- ⑦ Wholesale & retail 28 Persons

Gender (Code) 01 -- ⑧ Restaurant & hotel service

29 Persons

Ethnic group (Code) 02 -- ⑨ Culture, sanitation, education & sports

30 Persons

Occupation (Code) 03 -- ⑩ Others 31 Persons

2. Family population 04 Persons 8. Unemployed population 32 Persons

Incl.: M 05 Persons ① In-school students 33 Persons

3. Age structure - - - ②The elderly 34 Persons

0-6 06 Persons ③ The disabled 35 Persons

7-15 07 Persons � Laid-off, unemployed 36 Persons

16-60 08 Persons II. Family business operation - -

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Indicators Code Unit Qty. Indicators Code Unit Qty.

over 61 09 Persons 1. Available cultivated land 37 mu

4. Education level - Persons Incl.: ① Paddy rice 38 mu

Illiterate 10 Persons ② Sugar cane 39 mu

Primary School 11 Persons ③ Vegetable land 40 mu

Secondary School 12 Persons ④ Fish pond 41 mu

High School (including polytechnic school)

13 Persons ⑤ Orchard 42 mu

College or above 14 Persons ⑥ Forest 43 mu

5. Marriage status - - 2. In 2004: ① Grain output 44 kg

Unmarried 15 Persons ② Output of pig, chicken, duck, fish

45 kg

With spouse 16 Persons ③ Output of vegetable, sugar cane & fruit

46 kg

Divorced 17 Persons III. Income of 2004 - - -

Widowed 18 Persons -- 1. Total family income 47 RMB

6. Family labor 19 Persons (1) Total family income 48 RMB

Incl.: Female 20 Persons ① Income from plantation (grain, sugar & vegetable)

49 RMB

7. In-work population 21 Persons ② Breeding income (pig, chicken, duck & fish)

50 RMB

Incl. ①Agriculture, forestry, animal husbandry and fishery

22 Persons ③ Forest & fruit income 51 RMB

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Indicators Code Unit Qty. Indicators Code Unit Qty.

② Mining & manufacturing

23 Persons ④ Income fro stores and shops

52 RMB

③ Power, gas and water supply

24 Persons (2) Salary income 53 RMB

④ Building 25 Persons (3) Transfer income 54 RMB

⑤ Transport 26 Persons (4) Property income 55 RMB

Indicators CodeMeasurement

unit Qty. Indicators Code

Measurement unit

Qty.

A B C 1 A B C 1

Incl.: Rent income 56 RMB (2) Brick-timbre structure 87 m2

2. Whole-year family expenditure

57 RMB (3) Wooden structure- 88 m2

(1) Family operational expenses

58 RMB (4) Simple structure 89 m2

(2) Procurement of productive fixed assets

59 RMB 2. LA area 90 mu

(3) Paying tax 60 RMB Incl.: (1) Paddy field 91 mu

(4) Collective reserved 61 RMB (2) Dry land 92 mu

(5) Living expenses 62 RMB (3) Fish pond 93 mu

Incl.: ① Foods 63 RMB (4) Vegetable land 94 mu

② Clothes 64 RMB (5) Orchard 95 mu

③ Education expenses

65 RMB 3. Residential house replacement cost

-- -- -

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Indicators Code Unit Qty. Indicators Code Unit Qty.

④ Medical expenses

66 RMB Incl.: (1) Frame structure 96 RMB/m2

⑤ Transport expenses

67 RMB (2) Brick-timbre structure 97 RMB/m2

⑥ Communication 68 RMB (3) Wooden structure- 98 RMB/m2

⑦ Relationship expenses

69 RMB (4) Simple structure 99 RMB/m2

3. Household average per-capita net income

70 RMB VI. Durable productive and living articles

- - -

IV. Situation of living house - - - Car (incl. Trucks & passenger’s truck)

100 Unit

1. Nos of living houses 71 nos Tractor 101 Unit

1. Living area 72 m2 Motorcycle 102 Unit

Incl.: (1) Frame structure 73 m2 Grinding Machine 103 Unit

(2) Brick-timbre structure

74 m2 Motor (diesel engine) 104 Unit

(3) Wooden structure-

75 m2 Pumps 105 Unit

(4) Simple structure

76 m2 TV 106 Unit

3. House with titles 77 m2 Washing Machine 107 Unit

4, House without titles 78 m2 Refrigerator 108 Unit

5. Full property rights 79 m2 Air-conditioner 109 Unit

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Indicators Code Unit Qty. Indicators Code Unit Qty.

6. Partial property rights 80 m2 Computer 110 Unit

7. Area of leased-out houses

81 m2 VII. Survey on relevant issues -- --

8. Operational area of stores and shops of households

82 m2 1. Do you know about Kelijiang subproject?

111 --

(1) In-work population 83 Persons 1. Advantages of subproject to village development

112 --

(2) Annual operational income

84 RMB 3. Do you agree this subproject start right away?

113 --

V. LA & demolition - - - 4. Preference of LA compensation

114 --

1. Total demolished area 85 m2 5. Resettlement willingness of displaced people

115 --

Incl.: (1) Frame structure 86 m2 VIII. Plan for restoration of production & livelihood.

116 --

Investigator: Supervisor: Date of survey: December ___, 2004. Notes: I. Gender: 1. M, 2. F; II. Ethnic group: 1. Han, 2. Zhuang, 3. other ethnic groups; III. Occupation: 1. peasant; 2. village

cadre, 3. individual businessman, 4. worker, 5. teacher,, 6. others; IV. Do you know about Kelijiang subproject? 1. yea, 2. somewhat, 3. no; V. The impacts of subproject to the village (college): 1. advantageous, 2. somewhat advantageous, 3. disadvantageous. VI. Do you agree this project be started immediately? 1. yes, 2, no; VII. Your preference in land acquisition compensation: 1. monetary compensation, 2. land equity, 3. compensation in-kind; 4. provision of employment; VIII. AP’s resettlement willingness: 1. monetary compensation, 2. compensation in –kind; IX. Plan for restoration of production and livelihoods: 1. increase single unit output, 2. going-out for job, 3. build houses for leasing out, 4. doing business 5. technical training, 6. others.

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Appendix VII Due Diligence Report

Due Diligence Report on Resettlement Review for

West Xiangsihu Road Construction Project -- Project linkage with Kelijiang River Environmental Upgrading Subproject

1. Brief introduction of the project. West Xiangsihu Road construction project was approved for identification on January 1,

2004 by Nanning Development Planning Commission (now renamed as Nanning Development and Reform Commission). According to the project identification, the implementing agency was Nanning Urban Construction Investment Development Corporation. Due to the establishment of Nanning Xiangsihu New District Administration Committee in July 2004 and the subsequent founding of Nanning Xiangsihu New District Construction and Development Company Ltd., the latter became the implementing agency for this road construction project as a substitution for Nanning Urban Construction Investment Development Corporation.

West Xiangsihu Road is located to the west of Xiangsihu Lake starting at Diyuan Road (now renamed as Jiangbei Avenue) in the south and ending at Keli Avenue in the north. It is 3183.208m in total length and 30m in pavement width belonging to urban secondary main road of bi-directional four lanes. The designed speed is 40km/hr. and the designed period at saturation flow is 15 years.

The construction of this project started on April 23, 2005 and is scheduled to complete on December 31, 2005.

Left: North section of West Xiangsihu Road; Right: South section of West Xiangsihu Road.

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Table 1-1 Construction Progress for West Xiansihu Road Items Approval Date Approval Institution

Project Identification 2004.01.01 Nanning Development Planning Commission Project Feasibility Study Report

2004.01.07 Nanning Development Planning Commission

Starting construction 2005.04.23

Nanning Xiangsihu New District Construction and Development Co., Ltd

Project completion Scheduled on Dec. 31, 2005

Nanning Xiangsihu New District Construction and Development Co., Ltd

Sources: House Demolition and Resettlement Office of Xiangsihu New District West Xiangsihu Road is on the west bank of Xiangsihu Lake, it is an integral part of Kelijiang

River Environmental Upgrading Subproject. The scope of land acquisition and house demolition of the road construction project overlaps with that of Kelijiang Subproject, and thus forming an associated due diligence as shown in the following map. As required by the road construction, the land acquisition and house demolition for the road construction was started in June 2005 and completed by end of July.

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Figure 1 Project Scopes Respectively for West Xiangsihu Road & Kelijiang Subproject

(The red line on the left is West Xiangsihu Road, which also coincides with the alignment of Kelijiang subproject)

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2. Analysis of project impacts

West Xiangsihu Road is on the west bank of Xiangsihu Lake connecting Jiangbei Avenue in

the south and Keli Avenue in the north. The total area of land acquisition for project construction is

242.47mu, including 137.01mu of collective land from Silian village, 35.11mu of collective land

from Chenxi village, 43.6mu from institutional units and 26.75mu of other types. There are totally

92 affected households of 339 persons, among which, 321 are local residents and 18 are floating

population. The total demolition area of the project is 50871.67m2, including 13107.2m2 of Silian

village, 4931.58 m2 of Chenxi village, 32576.5m2 of institutional units and 256.37 m2 of other types.

There are totally 86 affected households of 518 persons, including 262 local residents and 256

floating population. Therefore, the total households affected by the project are 178 households of

857 persons, including 583 local residents and 274 floating population. Details are shown in Table

2-1.

Table 2-1 Summary of Impacts of Land Acquisition and Demolition

Land Acquisition Demolition

Affected Population Affected Population Village Acquired

land (mu) Household Persons

Demolished

Area (m2) Household Persons

Silian village 137.01 73 295 13107.2 27 167

Chenxi Village 35.11 4 17 4931.58 19 143

Institutional

units 43.60 13 21 32576.52 37 196

Others 26.75 2 6 256.37 3 12

Total 242.47 92 339 50871.67 86 518

Sources: House Demolition and Resettlement Office of Xiangsihu New District.

2.1 Rural collective land acquisition There were totally 172.12mu of collective land acquired by the project, of which, 137.01mu

belong to Silian village and 35.11mu to Chenxi village. The types of the acquired land are shown in Table 2-2.

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Table 2-2 Summary of Acquisition of Rural Collective Land Unit: mu

Category of Acquired Land Village

Total Orchard

land Dry land

Fish pond

Vegetable land

Construction Land

Others

Kelipo Economic Unity of Silan Village

94.89 1.49 9.19 26.48 4.61 51.44 1.68

Keli No.1 Group of Silian

Village 2.09 2.09

No.3 Group 2.18 1.45 0.73 No.5 Group 7.58 4.96 2.62 No.7 Group 5.07 4.75 0.32 No.8 Group 25.20 3.76 17.96 3.49 Sub-total 137.01 1.49 9.19 30.24 35.82 58.60 1.68

Chenxi Village 35.11 11.30 15.22 1.93 6.66 Total 172.12 12.79 9.19 45.46 37.75 65.26 1.68

Sources: House Demolition and Resettlement Office of Xiangsihu New District. In line with quantity, the total amount of land acquisition was not very large. Most acquired

lands belonged to construction land, fish pond, vegetable land and orchard land, which would not have serious negative impacts on the local villagers. The major income sources of these villages within the city, Silian Village and Chenxi village, are from rental and business incomes, while the incomes from agricultural cultivation are no longer the major sources.

2.2 State-owned land occupation The project occupied 70.35 mu of state-owned land, including 46.30mu of construction land,

17.5mu of vegetable land and 6.55mu of unused land. Those institutional units that were under comparatively serious impacts by land occupation are: about 30mu of Guangxi Economic Management College, 26.8mu of Guangxi Vocational College for Electrical and Mechanical Technologies, and 10mu of Guangxi University for National Minorities. Details are shown in Table 2-3.

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Table 2-3 Summary of Land Occupation (State-owned Land) of Institutional Units

Unit: mu

Unit Sub-total Vegetable

land Construction

Land waste Land

Nanning Department Store Co. Ltd.

0.06 0.06

Nanning Baiyi Industrial Co. Ltd. 0.76 0.76

Nanning Xixiangtang Community (Sewing Group)

0.22 0.22

Nanning National Taxation Bureau, Nanning Local Taxation Bureau

1.19 1.19

Nanning Foodstuffs Enterprises Group Ltd.

0.46 0.46

Nanning Hydropower Technical School

0.29 0.29

Nanning Shangyao Rural Credit Cooperative

0.20 0.20

Nanning Central Branch, The People’s Bank of China

0.10 0.10

Division Office of Guangxi Branch, Industrial and Commercial Bank of China

0.29 0.29

Nanning Post Office 0.00 0.00

Guangxi Vocational College for Electrical and Mechanical Technologies

26.79 26.79

Guangxi Economic Management Cadre College

29.95 17.50 5.91 6.55

Guangxi University for National Minorities

10.05 10.05

Total 70.35 17.50 46.30 6.55 Sources: House Demolition and Resettlement Office of Xiangsihu New District.

2.3 Rural housing demolition. The survey showed that the total demolition area of rural houses was 18038.78m2, including

13107m2 of Silian village, 4931.58 m2 of Chenxi village. Most of these structures were distributed along the west bank of Xiangxihu Lake. Details are shown in Table 2-4.

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Table 2-4 Summary of Quantity of Rural House Demolition and Category of Structures Structural Classification of Demolished Structures (m2)

Village Total Frame

Brick Concrete

Brick Wood

Simple Structures

Silian village

13107.2 2999.57 2217 2906.49 340.6 4643.54

Chenxi Village

4931.58 862.73 443.94 2163.53 164.42 1296.96

Total 18038.78 3862.3 2660.94 5070.02 505.02 5940.5 Sources: House Demolition and Resettlement Office of Xiangsihu New District.

2.4 Housing demolition of institutions The institutional units affected by house demolition of the project were the “triangle” area

nearby the tollgate, Guangxi Economic Management Cadre College, Guangxi Vocational College for Electrical and Mechanical Technologies, and Guangxi University for National Minorities. The total demolished area of institutional units was 32576.52m2, of which, details are shown in Table 2-5.

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Table 2-5 Summary of Quantity of House Demolition of Institutional Units and Classification of Structures Structural Classification of Demolished Structures (m2)

Village Total Frame

Brick Concrete

Brick Wood

Simple Structures

Guangxi Vocational College for Electrical and Mechanical Technologies

7368.61 207.84 3644.63 3516.14

Inner Rivers Management Department 453.48 453.48 Sewing Group 169.34 128.77 20.57 20 Nanning Central Branch, The People’s Bank of China

712.4 601.02 33.02 78.80

Guangxi Branch, Industrial and Commercial Bank of China

797.39 787.51 2.28 7.60

Nanning National Taxation Bureau, Nanning Local Taxation Bureau

1408.13 913.24 53.79 441.10

Guangxi Economic Management Cadre College 7365.72 1481.56 20 221.2 5642.96 Shrimp Breeding Farm of Guangxi Economic Management Cadre College

4601.89 255.44 1051.03 3295.42

Residential houses of Guangxi Economic Management Cadre College

1440 1440

Shangyao Credit Cooperative 785.88 732.65 39.35 13.88 Nanning Baiyi Industrial Co. Ltd. 761.90 414.93 346.97 Nanning Department Store Co. Ltd. 897.13 477.40 381.83 37.90 Peining Assets Management Co. Ltd. 95.98 95.98 Guangxi University for National Minorities 5718.23 1295.86 696.42 513.50 3212.45 Total 32576.52 2121.18 6758.96 5570.04 1873.97 16252.37 Sources: House Demolition and Resettlement Office of Xiangsihu New District.

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2.5 Characteristics of the population affected by land acquisition and demolition The total number of households affected by the project was 178 households, with 857

persons. Among them, 583 were local residents and 274 floating population. 2.5.1 Local residents affected by land acquisition and demolition According to the survey, 583 local residents were affected by land acquisition and

demolition, including 321 persons affected by land acquisition and 262 persons by demolition. Majority of these 321 local residents belonged to rural population, 295 persons of them

were from Silian village and 17 from Chenxi village. 85% of them are Han, very few persons belonged to ethnic minorities. Women accounted for about 50% of the total figure. No poverty population was found. The rest 9 persons were the staff of institutional units, such as bank clerks and teaching staff.

Among 262 local residents affected by demolition, approximately 75% of the total figure is Han. Guangxi Economic Management Cadre College is the institutional unit that was most seriously affected by demolition. There were totally 24 households with 96 persons to be removed (one building, two bedrooms with one hall).

2.5.2 Floating population affected by land acquisition and demolition According to the survey, there were 274 floating population affected by land acquisition

and demolition (including 18 persons affected by land acquisition, 256 persons affected by demolition).

Those affected by land acquisition were mainly distributed in Silian village and Chenxi village, and some of them rent houses from the institutional units. They mainly made living on aquatic cultivation and vegetable growing by renting lands from local people, such as fish ponds, slope land, low-laying land, etc. Most of them belong to Han, but with a few belonging to ethnic minorities. About 45% were women who live family life. All of them came from cities and counties of Guangxi.

Among the floating population affected by demolition, most of them rent houses nearby the places where they attended schools or worked, including college students under correspondence courses, temporary employees in hair-dressing shops, eating houses, stores, Internet bars, etc. In line of ethnic classification, most of them belong to Han, and few of them belong to Zhuang and other ethnic minorities. Among the floating population, there were more women, accounting for about 80%.

3. Compensation policies and standards The basis for compensation policies adopted by the project are: Methods of

Compensation and Resettlement for Acquisition of Collective Land and House Demolition in Nanning City (Provisional, Ref. No.NFF[2004]106); Reviews on the Issues of Compensation and Resettlement for Acquisition of Collective Land and House Demolition of Nanning City (Ref.No.NGTZF[2005]1). According to Article 7 stipulated in Ref.No.NGTZF[2005]1, demolition of the unregistered structures that are built on collective land (such as

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unregistered temporary houses) shall not be compensated in principle. However, in order to encourage the cooperation from those people whose houses needed to be demolished, if they can sign the demolition agreement within the specified period to ensure timely demolition of the registered structures, material subsidies shall be compensated for the demolished structures. The compensation standards are summarized based on the above-mentioned policies:

1) Compensation standards for land acquisition.

Table 3-1Compensation Standards for Land Acquisition

Types Types of Land basic compensation rate (RMB/mu)

Paddy Field 45000 Dry land 35000

Vegetable land 93000 Orchard land 60000

Cultivated Farmland

Fish pond 53000 Construction Land 14000(State-owned);20000(collectively-owned)

Other farmland 20000 Non-cultivated farmland House sites 20000

Table 3-2 Compensation Standards for Crops

Types of Land Compensation Standards

(RMB/mu) Remarks

Paddy Field 1800 vegetable land 3500

Fish pond 3000 Dry land 1500

Orchard land 3000

2) Compensation standards for demolition and removal.

(1) Compensation standards for demolition of the houses built on collectively-own land.

Table 3-3 Compensation Standards for Demolition of Collective Residential Houses

Types of Structure Compensation standard (RMB/m2) Frame 1810

Brick and concrete: 1550 Brick and wood 1320

Simple 1090

(2) Compensation standards for demolition of the non-residential houses built on collectively-own land.

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Table 3-4 Compensation Standards for Demolition of Non-Residential Collective Houses

Purpose of House Brick concrete structure (RMB/m2)

Hotels 1760

(3) Demolition of other houses shall be compensated as per full replacement cost (exclu. Land price).

Table 3-5 Compensation Standards for Demolition of other Houses (excl. land price)

Types Standard (RMB/m2)

Agricultural production house (brick-wood) 130~180

Breeding house (simple) 30~100

(1) Material subsidies shall be compensated for the demolished structures built on collectively-own land (such as unregistered temporary houses) according to the following standards:

Table 3-6 Compensation Standards for Demolition of Houses Built on Rural Collectively-owned Land at Replacement Cost (excl. land price)

Category Frame Brick Concrete Brick Wood Simple

Standard

(RMB/m2)

220 160 110 60

(5) Compensation standards for demolition of houses built on collective land

Table 3-7 Standards for Subsidies for Demolition of Houses Built on Collectively-own Land

Category Items Unit Standard Remarks Temporary transition subsidies

RMB/month . household

450

Moving subsidies RMB/m2 8 as per construction areaTime-lost subsidies

RMB/household. time

150 Residence

removal

Reward for advance moving

RMB/household 6000

Non-residential house moving subsidies

RMB/m2 8 as per construction area

Charges for relocating RMB/household 500

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Category Items Unit Standard Remarks telephone, cable TV and broad

band etc.;

(6) Compensation standards for residential houses of working staff of institutional units (land price included).

Table 3-8 Monetary Compensation Standards for Demolition of Residential Houses of Institutional Units

Types of Structure standard (RMB/m2) Remarks Frame (reinforced) 1965

Brick concrete & pre-cast slab

1650 House reform

(7) Compensation standards in form of replacement cost for demolition of other houses of the institutional units (land excluded)

Table 3-9 Compensation Standards for Demolition of other Houses of Institutional Units (excl. land price)

Type of Houses Frame

Structure (RMB/m²)

Brick-concrete structure (RMB/m²)

Brick –wood Structure (RMB/m²)

Simple Structure (RMB/m²)

Office buildings 800 700 500 — Storage house 750 650 470 150

4. Resettlement rehabilitation plan In order to proceed with the works of land acquisition and demolition, based on the site

investigation and consultation, the House Demolition and Resettlement Office of Xiangsihu New District has formulated a detailed resettlement scheme.

Table 4-1 Summary of Progress for Land Acquisition and Demolition for West

Xiangsihu Road Timing Contents Executing Agency

2005.6.1-6.10 Mobilization stage for land acquisition &

demolition

House Demolition and Resettlement Office of Xiangsihu New District

2005.6.10-7.20 Stage of signing agreements on land

acquisition & demolition

House Demolition and Resettlement Office of Xiangsihu New District

2005.7.10-7.30 Stage of land acquisition and house demolition

House Demolition and Resettlement Office of Xiangsihu New District

Sources: House Demolition and Resettlement Office of Xiangsihu New District During the process of land acquisition and demolition, five steps are followed:

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Investigate the real situation. Officials were sent to the project area to acquire the relevant information of land acquisition and demolition, and then formulated the schemes for such purposes that should be submitted to the Administration Committee for examination and approval.

Information disclosure. The information such as types of lands, types of houses and corresponding compensation standards that were related to the proposed land acquisition and demolition were disclosed to the public, so that the public may have the knowledge of relevant policies.

Field investigation and verification. The concerned agencies or departments of Xiangsihu New District, including planning, land resources, land acquisition and demolition resettlement office and project implementing agency, sent technical staff to obtain field evidences, verified the land or structures needed to be acquired or demolished. Such help lay solid foundation for signing agreements.

Signing agreements with the people whose lands or houses needed to be acquired or demolished. After verifying the area of lands or houses needed to be acquired or demolished, the agreements were entered.

Land acquisition and demolition were conducted. 4.2 Resettlement scheme for land acquisition. The resettlement schemes for land acquisition are in the following forms: (1) Monetary compensation. Land acquisition of this project mainly focuses on fish

ponds, vegetable lands, orchard lands and construction land, indicating less quantity of land needed to be acquired. Therefore, according to the willingness of the affected persons, the method for compensation mainly adopted monetary compensation. The farmers may develop further production according to their actual needs after obtaining the compensation.

(2) Develop second industry or tertiary industry. The affected villages are located in the suburban of Nanning city, the farm land owned by APs is comparatively less. APs income sources are mainly from second industry or tertiary industry such as running private restaurant/business and leasing house. After land acquisition, computed as per averagely per-capita 40m ²of industrial land, the villages will get reserved industrial land. After implementation of Kelijiang subproject, the villagers’ committee plans to utilize the land compensation to build an commercial building of 12000m²nearby Guangxi Banking College and Xixiangtang agricultural market located in the southern section of Daxue road. The estimated total investment is about RMB19 million. This building shall be rent out at the rate of about RMB16/m², and thus the estimated annual rental income will be over RMB2.3 million. Only this, the average per-capita of the whole village will increase RMB1800. If plus other incomes, the estimated average per-capita annual income will be over RMB4000, increasing 30% than that of 2004.

(3) Increase the input into agriculture or adjust agriculture industrial structure. Some households who received land compensation or resettlement subsidies, are planning to invest on the family operational business (i) Increase the input of fertilizers (chemical fertilizer and farmyard manure), enhance crops management and ultimately realize the target of production restoration and increase of incomes. The estimates show that, after input increase, the unit yield of crops will increase 10%, and so the predicted increase of cash income shall

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reach RMB200/mu. (ii) Increase the input on family breeding through increasing the number of herds, thus to improve the family income. Additional breeding two pigs will bring about annual additional income of RMB400. (iii) Grow fruits and sugar canes instead of grains so to increase the rate of agricultural. By now, a dozen farmer households have planned to retreat from growing grains to growing fruits and sugar canes. Through such adjustment, and annual unit income shall be increased from the present RMB800/mu of growing grains to RMB1200/mu.

4.3 Resettlement scheme for demolition. 4.3.1 Resettlement of local affected population. The major contents of the resettlement scheme for local population in this regard were: (1) Monetary compensation. As the result of survey, most of the rural farmers have two

residential sites. One is in the village for living; the other is on the bank of Xiangsihu Lake as the commercial stores or for rent. The houses demolished by the project are those built along the bank of the lake. Therefore, after house demolition, these affected villagers may move back to the old residential houses in the village. In addition, they may also utilize the compensation to buy commercial houses or economic houses, or build new houses or expand the existing houses in the village.

(2) Provision of reconstruction locally. As for the staff of the state-owned institutional units whose houses have been demolished (mainly referring to the 24 staff households of Guangxi Economic Management Cadre College), after consultation with the project implementing agency and the affected staff, a method of providing new reconstruction was applied. The resettlement standard is as per 70m² (frame structure) for each household, which is 16m² /household more than the previous living area of 54m² /household. In consideration of the future requirement, if anyone requires to increase to 90m²/household, the additional costs shall be borne by the applicant.

(3) Industrial restoration. Over 90% of the demolished houses of the project belong to the operational houses of the villagers that bring rental incomes to the owners through leasing to the floating population. Very few house owners would live in or use by themselves. However, they have been compensated for the demolition with a total amount varying from as high as one million to minimally several thousand RMB yuan.

4.3.2 Resettlement measures for affected floating population. There are 274 floating population affected by the land acquisition and house demolition

of the project, and thus the resettlement were: (1) Floating population (tenants) were compensated with house moving subsidies

(RMB8/m²), temporary transition subsidies and subsidies for termination of production or business (RMB120/m ² ). Other subsidies were made according to Document Ref. No.NFF[2004]106.

(2) Assist and guide the affected floating population to rent houses in nearby villages. As for the floating labor forces who have been doing business for years along the bank of Xiangsihu Lake, the project implementing agency help and guided them to rent houses in the nearby Silian village and Chenxi village. The survey shows that they have rented houses of

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one-bedroom-and-one-hall at the rate of about RMB150/month, the living conditions and rents are identical to those of the previous houses.

(3) Floating population was guided to do business in nearby areas. The survey shows that there was nearly one hundred floating population working in the stores, food shops, hair-dressing houses and Internet bars that are located nearby Xiangsihu lake. They have lost their jobs due to the demolition of these houses. As such, the implementing agency, coordinating with the labor and social security department, to provide guidance and assistance to these floating populating in getting jobs and increasing their incomes.

5 Resettlement Assessments 5.1 Resettlement of land acquisition. (1) The Land compensation, resettlement subsidies and young crops compensation for

land acquisition have been fully paid, and the rate of funds availability in this regard has reached 100%. According to the survey by GSAA during 22nd -26th, the project has acquired 242.47mu of land (equip. 16.16ha.), including: 37.74mu of vegetable land, accounting for 15.66%; 62.96mu of fish ponds, accounting for 25.97%; 9.20mu of dry land, accounting for 3.79%; 12.79mu of orchard land, accounting for 5.27%; 111.56mu of construction land, accounting for 46%; 8.22mu of other types of land, accounting for 3.39%. The total “three compensation and subsidies” for such land acquisition has reached RMB10.1279 million.

(2) Some villagers plan to grow vegetables and sugar canes. From the analysis, the average compensation rate for land acquisition of the project has reached RMB41769/mu, and such amount has greatly helped the villagers in restoring production and incomes. The villagers treasure the compensated amount of money. Some of them have planned to grow cabbage on large scale. They have collected farmyard manure and adequately procured fertilizer and seeds. After the autumn harvest and soil preparation, they will grow cabbage, fruits or sugar canes. Such will help increase the multi-cropping index of soil, improve unit crops yielding and increase family incomes. For example, as for Chen Jinrong, Pang Dening and Chen Jian of No.5 Group of Keli village, Zhong Shaoji and Chen Shijian of No.8 Group, they grew vegetables on little scale before. After getting land compensation and crops compensation, they have sufficient funds for production expansion, and therefore, they will grow fruits, sugar canes and vegetables this winter and next spring. By now, they have already made preparations for ploughing and sowing. As soon as the autumn harvest is over, they will drain the paddy fields and start to grow cabbage or black-skin sugar canes. They expect 10% of income increase next year than that of the current year.

(3) Some villagers raise pigs. According to the investigation of Keli village, for the purpose of restoring production, seven affected households have already bought 15 young pigs to breed with the expectation of getting additional income of RMB200/each in a half year.

(4) Floating population is well resettled. There are two kinds of floating population affected by land acquisition, respectively of those growing vegetables on leased land and those breeding fish on leased ponds. After acquisition of the fish ponds and vegetable lands by the project, they have moved to nearby places to continue their business. The investigation shows that three affected floating population households who previously grew vegetables have moved to the nearby Gantang Village to continue the same business, while two such households who previously bred fish have also moved to Xinxu village to raise fish.

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Presently, the production and living are stable, and their incomes will also increase with the production expansion.

5.2 Resettlement of demolition. (1) The payment of demolition compensation is fully in place. Till now, except that the

demolition compensation for the 24 staff households of Guangxi Economic Management Cadre College have not been paid due to the on-going reconstruction designs, the project has paid up the total amount of compensation of RMB14.3277 million. The common practice is that compensation is paid in advance of demolition after verification and signing agreement. The method of payment is done through designated banks. All the affected persons are satisfied with such method.

(2) All staff of institutional units affected by demolition has been resettled. There are over 20 persons of institutional units affected by demolition, a good many of them are the clerks of taxation bureaus, banks and commercial departments who work in this district but live in the downtown. They take rest in their offices at noon. Most of the demolished houses in these units belong to office building. After demolition, they have moved back to the head offices, and so they are not seriously affected by the project. In Guangxi Vocational College for Electrical and Mechanical Technologies, previously, there were three staff households living in the one-storied houses. After demolition, they have been resettled in other one-storied houses located to the right of the office building nearby the gate. Their current living environment is better than before, and the living areas are also larger.

(3) Local villagers have been resettled in the original villages. Among the affected villagers of Keli village and Chenxi village, there are two types:

(i) Some villagers not only have good buildings in the village, but also have simple buildings near Xiangsihu lake for rent to floating population. After demolition, they still live in the village, and thus the living environment and area remain unchanged. Facing the handsome amount of compensation, they still do not have any intention to build new houses. For instance, Brother Chen (Tel. 0771-3248564) has his own building in Chenxi village. Ten years ago, he contracted the wasteland of the village located on west side southern Xiangsihu lank, where he built 21 low and simple shelters that exclusively rent to floating population at the rate of RMB50-120/month. Road construction has demolished over ten shelters this time, but he has got demolition compensation (RMB160/m²).

(ii) Some villagers (especially from Keli village) built new houses by Xiangsihu Lake that served both as residence and commercial stores. After demolition, these people have moved back to the old houses in the original village. However, the living environment and area there are worse than before. After getting the demolition compensation, some of them plan to demolish the old houses and rebuild new ones that may use as residence or for rent. Some of them plan to buy the nearby commercial stores on the reserved land for tertiary development. Viewing from the gained compensation rate of RMB600-1800/m², they may buy the same area as before. The survey shows that, some affected villages plan to move back to the original village on temporary basis, and continue to restore the previous family business at a suitable time. Some of them plan to engage in catering trade, or buy commercial houses for rent, or cultivate land and develop agricultural cultivation.

(4) Resettlement of floating population, covering three types: (i) Students attending correspondence school are resettled in schools. There more than

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20 college students affected by demolition of the project. Most of them are the students attending correspondence courses of Guangxi University for National Minorities. Every year, they may come to Nanning and rent villagers’ houses (Silian village) for a short period. After house demolition, the implementing agency has discussed with the colleges to arrange accommodation for them. By now, these students have been well resettled, without affecting their study and living.

(ii) Resettlement of floating population household. The floating households were relatively concentrated in the west side of the southern Xiangsihu Lake. They rent the shelters built by Brother Chen of Chenxi village. Most of them are from Hunan province, totally about 20 households covering nearby 60 persons. They have lived in these shelters for over three years. After demolition of these shelters, the local government guided them to rent houses in the nearby Chenxi village, and so their businesses are not affected. According to the survey, the newly-rented houses (one bedroom with one hall) are bigger and the living environment is better than before. The rent is about RMB150/month, being RMB20-30/month higher. The expressed that they can afford. During demolition, the government has compensated them with moving subsidies at the rate of RMB8/m².

(iii) Resettlement of unmarried floating population. There are over 180 persons of this group of floating population who worked in retail stores, food shops, hair-dressing houses, internet bars, coffee shops, repair shops, etc. nearby Xiangsihu Lake. Due to the demolition of these stores, their living and working were temporarily impacted. Now, some of them have moved to other places along with their employers doing business, and some of them have found new stores in local places continuing their business. Lan Ying (Tel. 0771-2553304), a tenant, who runs a printing shop and a hair dressing shop, previously had 7 unmarried employees. In addition to the monthly salary of over RMB1000, these employees also enjoyed free food and lodging. After demolition, they have now again found a two-story building nearby the local Xixiangtang police station to open a hair-dressing shop. The total area of this building is 56m², which is slightly smaller than the previous one. The first floor serves as printing shop. By now, they have restored normal business. The seven unmarried floating population are still working there, and their incomes are gradually increased.

(5) A reward of RMB6000 has been paid to those affected households that offered active cooperation and moved out within the specified period.

In all, after demolition, the living conditions of all the affected local residents and floating population (including the tenants who are not of Xixiangtang District but of Nanning City) have been improved, and their incomes are under restoration.

6. Conclusion and Recommendation The affected people are satisfied with the compensation policies. The

compensation standards for land acquisition and demolition of West Xiangsihu Road Construction Project followed the relevant policies of Nanning City. During implementation, the implementing agencies stick to principles but gave flexibilities to some special cases. All the affected people are basically satisfied with the compensation standards.

The appraisals for lands and houses are reasonable. The survey shows that, most

of the affected people hold the views that the appraisals conducted by the qualified

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institutions were made according to the specified procedures and in scientific attitudes, thus basically reasonable and fair.

The payment of compensation for land acquisition and demolition are fully in

place. Normally, the compensation for land acquisition and demolition are paid in advance directly through banks. Such process is secure, and the affected people are satisfied with it.

Resettlement activities are relatively good. Suitable resettlement measures have

been taken and good results gradually have emerged. After resettlement, the living environment and area of the affected people are improved, and their production and living standards are gradually restored.

Monitoring & Evaluation . The associated project resettlement income restoration

and development will also be monitored by external M&E organization of Kelijiang project .