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Resettlement Plan

December 2010

PRC: Guangxi Beibu Gulf Cities Development

Project

Fangchenggang City Maoling WWTP and Sewerage Network

Project (Phase I)

Prepared by Fangchenggang City Fangcheng District Urban Construction &

Investment Co., Ltd. with assistance of Beijing Enrimu Science & Technology

Consulting Co., Ltd. for the Asian Development Bank.

CURRENCY EQUIVALENTS

(as of 10 December 2010)

Currency unit

–

Yuan Renminbi (CNY)

CNY1.00

$0.1500

$1.00

CNY6.6630

ABBREVIATIONS

ADB

–

Asian Development Bank

AFs

–

Affected Families

AHs

–

Affected Households

APs

–

Affected Persons

BESTCCL

–

Beijing Enrimu Science &Technology Co., Ltd.

–

Design Institute

–

Bank Policies

DMS

–

Detailed Measurement Survey

–

Executing Agency

–

Females

FCFDUCICL

–

Fangchenggang City Fangcheng District

Urban Construction and Investment Co., Ltd.

FDG

–

Fangcheng District Government

FHDAO

–

Fangchenggang House Demolishment

Administration Office

FLRB

–

Fangchenggang Land Resources Bureau

FMG

–

Fangchenggang Municipal Government

FPMO

–

Fangchenggang Project Management Office

FSR

–

Feasibility Study Report

GDP

–

Gross Domestic Product

GZAR

–

Guangxi Zhuang Autonomous Region

HDAO

–

House Demolishment Administration Office

HHs

–

Households

–

Implementing Agency

IMA

–

Independent Monitoring Agency

–

Land Acquisition

LAR

–

Land Acquisition and Resettlement

LRB

–

Land Resources Bureau

–

Males

M&E

–

Monitoring and Evaluation

MLG

–

Minimum Living Guarantee

–

Operational Procedures

PLG

–

Project Leading Group

PMO

–

Project Management Office

PPTA

–

Project Preparatory Technical Assistance

PRC

–

People’s Republic of China

RIB

–

Resettlement Information Booklet

–

Resettlement Office

ROW

–

Right of Way

–

Resettlement Plan

S&T

–

Science & Technology

ToR

–

Terms of Reference

US$

–

United States Dollar

VCs

–

Village Committees

–

Women’s Federation

WEIGHTS AND MEASURES

–

hectare

–

kilometer

Km2

–

Square kilometer

–

meter

–

square meter

mu – Chinese area measure for land

1mu = 1/15 ha (1 ha = 15 mu)

NOTE

(i) In this report, "$" refers to US dollars.

This resettlement plan is a document of the borrower. The views expressed herein do

not necessarily represent those of ADB's Board of Directors, Management, or staff,

and may be preliminary in nature.

In preparing any country program or strategy, financing any project, or by making any

designation of or reference to a particular territory or geographic area in this

document, the Asian Development Bank does not intend to make any judgments as to

the legal or other status of any territory or area.

Guangxi Beibu Gulf Cities Development Project

Fangchenggang City Maoling WWTP and Sewerage Network

Project (Phase I)

Full Resettlement Plan

Fangchenggang City Fangcheng District Urban Construction &

Investment Co., Ltd.

Prepared with Assistance of

Beijing Enrimu Science & Technology Consulting Co., Ltd.

20 December, 2010

ENDORSEMENT LETTER FOR THE RESETTLEMENT PLAN

(English Translation of the signed Endorsement Letter)

The Fangchenggang City Fangcheng District Urban Construction and Investment Co.,

Ltd. (FCFDUCICL), the implementation agency (IA), together with the assistance of

the Beijing Enrimu Science & Technology Consulting Co., Ltd. (BESTCCL) has

prepared this full Resettlement Plan (RP) for the Fangchenggang City Maoling WWTP

and Sewerage Network Project (Phase I) under Guangxi Beibu Gulf Cities

Development Project, which is under application for a loan from the Asian

Development Bank (ADB).

The RP fully complies with requirements of the relevant laws, regulations and policies

of People’s Republic of China, Guangxi Zhuang Autonomous Region and

Fangchenggang Municipal Government as well as complies with ADB’s Safeguard

Policy Statement 2009.

This resettlement plan is based on the feasibility study report (FSR) and

measurement and socioeconomic surveys and Fangchenggang City Project

Management Office hereby confirms the content of this RP and will guarantee the

land acquisition and resettlement and compensation budget being provided according

to the provisions of aforesaid plan.

This RP will be revised and approved by ADB before its implementation when the

detailed design is completed.

Thanks for all your support and help to Guangxi Beibu Gulf Cities Development

Project.

Xi Yang

Vice Mayor of Fangchenggang City

29 December 2010

TABLE OF CONTENT

ENDORSEMENT LETTER FOR THE RESETTLEMENT PLAN ............................... 5

LIST OF ACRONYMS AND MEASURES ................................................................. 9

EXECUTIVE SUMMARY ........................................................................................ 10

I. INTRODUCTION .............................................................................................. 13

1.1 Background ....................................................................................................................... 13

1.2 Description of the Project .............................................................................................. 13

1.3 LAR Impacts of the Project ........................................................................................... 16

II. IMPACT OF LAND ACQUISITION AND RESETTLEMENT ............................. 19

2.1 Measures Taken to Avoid or Minimize LAR Impacts ........................................... 19

2.2 Methods of LAR Impact Assessment ........................................................................ 19

2.2.1Scope of LAR Impacts

III. SOCIOECONOMIC PROFILE OF AFFECTED AREA AND POPULATION ..... 25

3.1 Socioeconomic Profile of Fangchenggang City ......................................... 25

3.2 Socioeconomic Profile of the Affected Area and APs ................................ 25

3.2.1 Demographic Features of APs .......................................................... 26

3.2.2 Residential Houses ........................................................................... 28

3.2.3 Land Use .......................................................................................... 28

3.2.4 Financial Situation of Households ..................................................... 28

3.2.5 Vulnerable Groups ............................................................................ 30

3.2.6 Gender Perspectives on Resettlement .............................................. 30

IV. PUBLIC PARTICIPATION AND INFORMATION DISCLOSURE ..................... 32

4.1 Public Participation Strategy ........................................................................................ 32

4.2 Methods and Measures of Public Participation ...................................................... 32

4.3 Public Participation during RP Preparation ............................................................. 32

4.4 Women’s Participation ................................................................................................... 33

4.5 Information Disclosure ................................................................................................... 33

4.5.1 Resettlement Information Brochure ................................................... 33

4.5.2 Distribution of the Resettlement Plan ................................................ 34

4.6 Public Participation Plan during RP Implementation ............................................ 34

V. APPEALS AND GRIEVANCE PROCEDURES ................................................ 37

VI. LEGAL FRAMEWORK AND POLICIES .......................................................... 38

6.1 Applicable LAR Laws, Regulations and Policies ................................................... 38

6.1.1ADB’s Involuntary Resettlement Policies

6.2 Related Laws and Regulation of the PRC ............................................................... 40

6.3.1 Document 28: State Council Decision to Deepen Reform and Strictly

Enforce Land Administration, issued by State Council, October 2004 40

6.3.2 PRC Land Administration Law .......................................................... 41

6.3.3 Implementation Method of Guangxi Zhuang Autonomous Region for

Land Administration Law ................................................................... 42

6.4 Gaps between ADB and Chinese Policies .............................................................. 43

6.5 Compensation Criteria and Principles ...................................................................... 47

6.5.1 Entitlement ........................................................................................ 47

6.5.2 Compensation Principles .................................................................. 47

6.5.3 Compensation Rate .......................................................................... 47

VII. ENTITLEMENT MATRIX .................................................................................. 51

VIII RESETTLEMENT AND REHABILITATON PLAN ............................................ 58

8.1 Objectives and Principles of Resettlement Program ............................................ 58

8.2 Compensation and Rehabilitation Resettlement Plan ......................................... 58

8.2.1 Resettlement Options and Plan ......................................................... 58

8.2.2 Rehabilitation Plan for Affected Households by Land Acquisition ...... 60

8.2.3 Employment Opportunities Generated by the Project ........................ 65

8.2.4 Social Insurance ............................................................................... 66

8.2.5 Project Related Income Generation Opportunities ............................ 67

8.2.6 Provision of Technical Training to the APs ........................................ 68

8.2.7 Rehabilitation Plan of Ground Attachments ....................................... 68

8.3 Special Concerns during Resettlement Process........................................ 69

IX. COST ESTIMATES .......................................................................................... 71

9.1 Compensation and Resettlement Costs................................................................... 71

9.1.1Annual Budget

9.2 Flow of Fund ..................................................................................................................... 73

X. LAR IMPLEMENTATION SCHEDULE ............................................................. 74

10 Principles ............................................................................................................................ 74

10.1 LAR Implementation Schedule.................................................................................... 74

XI. INSTITUTIONAL FRAMEWORK ..................................................................... 80

11.1 Project Resettlement Organizational Set-up........................................................... 80

11.2 Responsibilities ................................................................................................................ 82

11.3 Institutional Capacity Strengthening .......................................................................... 84

11.3.1 Assessment of Institutional Capacity ............................................ 84

11.3.2 Institutional Capacity Building and Training .................................. 84

XII. MONITORING, EVALUATION AND REPORTING ........................................... 86

12.1 Internal Monitoring .......................................................................................................... 86

12.2 External Monitoring and Evaluation ........................................................................... 87

12.2.1 Objectives and Requirements of M&E .......................................... 87

12.2.2 Methodology ................................................................................. 88

12.2.3 Major Tasks .................................................................................. 89

12.2.4 Reporting Requirements............................................................... 89

APPENDIX 1: Resettlement Information Booklet ................................................ 90

APPENDIX 2: TOR for External Monitoring and Evaluation ............................. 104

LIST OF ACRONYMS AND MEASURES

ADB

Asian Development Bank

AFs

Affected Families

AHs

Affected Households

APs

Affected Persons

BESTCCL

Beijing Enrimu Science &Technology Co., Ltd.

Design Institute

Bank Policies

DMS

Detailed Measurement Survey

Executing Agency

Females

FCFDUCICL

Fangchenggang City Fangcheng District Urban Construction

and Investment Co., Ltd.

FDG

Fangcheng District Government

FHDAO

Fangchenggang House Demolishment Administration Office

FLRB

Fangchenggang Land Resources Bureau

FMG

Fangchenggang Municipal Government

FPMO

Fangchenggang Project Management Office

FSR

Feasibility Study Report

GDP

Gross Domestic Product

GZAR

Guangxi Zhuang Autonomous Region

HDAO

House Demolishment Administration Office

HHs

Households

Implementing Agency

IMA

Independent Monitoring Agency

Land Acquisition

LAR

Land Acquisition and Resettlement

LRB

Land Resources Bureau

Males

M&E

Monitoring and Evaluation

MLG

Minimum Living Guarantee

Operational Procedures

PLG

Project Leading Group

PMO

Project Management Office

PPTA

Project Preparatory Technical Assistance

PRC

People’s Republic of China

RIB

Resettlement Information Booklet

Resettlement Office

ROW

Right of Way

Resettlement Plan

S&T

Science & Technology

ToR

Terms of Reference

US$

United States Dollar

VCs

Village Committees

Women’s Federation

km2

Square Kilometer

Percentage

Chinese area measure for land, 1mu = 1/15 ha (1 ha = 15 mu)

CNY -

Chinese currency Yuan

CNY 1 = 1/ 6.80 $US ($US 1 =CNY 6.80)

EXECUTIVE SUMMARY

1. The Fangchenggang Maoling WWTP and Sewerage Network Project (Phase I) is

composed of newly built WWTP with 300,000 m3 /d wastewater treatment capacity, pumping

station and sewerage network. The Project owner is Fangchenggang City Fangcheng District

Urban Construction and Investment Co., Ltd. (FCFDUCICL).

2. The Project will mainly involve land acquisition and structure demolishment in Sha’ao

Village of Maoling Township. A total of 100 mu of rural collective land will be acquired

permanently, including 30 mu farmland, accounting for 30% of the total land acquisition. The

permanent land acquisition will affect 30 households or 200 persons. Temporary land

occupation will be 150 mu with 146 households or 627 APs to be affected.1

A total of 685 m2

of residential houses will be demolished, relocating 5 households or 28 persons. Associated

auxiliaries, basic infrastructures and special facilities will also be affected, such as toilets, fruit

trees, chicken house, pig pen, well, electricity pole, rural road, satellite antenna, broadcasting

lines, etc. The total numbers of the affected populations are rural. There is no vulnerable

group identified in the Project area, including minority population.

3. In order to avoid or minimize land acquisition and resettlement, there was close

consultation with the local officials and village committee (VC) during the preliminary and final

Feasibility Study stages for the optimal and proper engineering schemes of the Project.

4. The compensation of the permanent land acquisition is based on the Land

Administration Law of PRC, amended in 2004, Document 28: State Council Decision to

Deepen Reform and Strictly Enforce Land Administration in October, 2004, Urban House

Demolishment Management Regulations of PRC; GZAR “Land Administration Law”, GZAR

Guidelines for Implementation of the Urban House Demolition Management Regulation of the

PRC; Notice of Compensation and Resettlement Method for Land Acquisition and

Resettlement of Four Lines and Four Areas of Fangchenggang City, 2009, and Unified

Standard of Annual Output Value issued by the People's Government of Fangchenggang City,

which has been carried out since 1st January, 2010. The specific rate for permanent land

acquisition is CNY 17,728/mu for permanent land acquisition; the specific rates for temporary

land occupation are CNY 746/mu for paddy land, CNY 3,173/mu for vegetable land, CNY

700/mu for dryland, CNY 4,481/mu for fish pond, and CNY 1,242/mu for wood land; and the

specific rates for structure demolition are CNY 600/m2 for brick-concrete houses, CNY 500/m2

for brick-wood house, and CNY 240/m2 for simple houses. In addition, relocation subsidies

and temporary transit allowance are CNY 8/m2 and CNY 4,000/person respectively. The RP

was prepared to comply with Safeguard Policy Statement (2009). Based on the consultations

with local governments and those affected, and general practice in Fangchenggang City, the

resettlement principles established for the Project are: (i) land acquisition and involuntary

resettlement should be avoided or minimized where feasible by developing and comparing a

series of design alternatives; (ii) compensation and entitlements provided must be adequate

to allow those affected to at least maintain their pre-project standard of living, with the

prospect of improvement; (iii) land temporarily occupied and the period for disruption are to

be kept to a minimum; (iv) all the people affected, legal and illegal, are to be taken into

consideration and accounted for; (v) resettlement plan should be prepared and implemented

in accordance with state land rehabilitation policy, national economic and social development

plans; (vi) all those affected will be adequately informed about eligibility, compensation rates

and standards, livelihood and income restoration plans, and project timing; (vii) resettlement

1 ADB’s Safeguard Policy Statement (2009) trigger for involuntary resettlement changed the terminology of

"affected persons" to "displaced persons" which are defined as persons who are physically and/or

economically displaced as a result of involuntary acquisition of land or involuntary restrictions on land use or on

access to legally designated parks and protected areas. In the PRC, although the resettlement plans maintain

the original terminology of “affected persons”, the definition is equivalent to ADB's definition of “displaced

persons”.

plan should be coordinated with such things as regional development, economic

development and environmental protection; and (viii) practical and feasible measures should

be formulated to restore the affected items; (ix) a preferential policy and assistance will be

provided to vulnerable groups in such things as employment; and (x) close monitoring and

timely actions will be carried out to identify and resolve any problems.

5. The people affected have been notified about the key elements of the RP. The key

elements of the RP have been notified to the affected HHs include the project information,

LAR impacts, laws, regulations and compensation, livelihood and income rehabilitation plan,

and implementation schedule. During the “process of this notification” through surveys and

consultation meetings, the majority of the affected households request that if their land has to

acquired and structures have to be demolished, they request to get fair and timely

compensation, employment opportunities, and children’s education. The APs consider that

they are less concern on the loss of their land and think that farming is not a preferable option

for them as their farmland is affected by high-salt sea water, which severely affected

agricultural production. They are not willing to engage in agricultural production any more but

hope to get the cash compensation and future employment. The affected households would

like to use compensation payment to do some businesses or get some training to be

employed in enterprises and institutions and no longer engaging in agricultural farming any

more. For those who will lose their houses, they expressed that they would use the

compensation payment to rebuild structures in the same village. All of these concerned raised

have been incorporated in the planning and implementation of resettlement program, and

relevant mitigation measures have been formulated and will be implemented during the

Project implementation phase. The resettlement information booklet will be distributed to

affected community and villages and households before 15 December 2010. The RP

approved by Fangchenggang City Government will be redistributed to village committees

before 15 December 2010 to any one wishing to consult the document at the village offices.

At the same time, the RP will be posted on the ADB website. The RP will be updated based

on detailed measurement survey (DMS) and will be disclosed to APs and submitted to ADB

for review and approval. The Fangchenggang PMO and FCFDUCICL will be responsible for

supervising implementation, continuing public consultation, monitoring progress and

responding to grievances. The grievance address procedures are well established and

explanations are included in the RP and resettlement information booklets.

6. For people losing land permanently, “cash” compensation will be provided to them to

be used for tertiary industry development and the compensation will be based on full

replacement value. Similarly, cash compensation for structures and ground attachments will

also be on replacement value with no depreciation. The households that have to relocate will

receive “cash” or “cash plus reconstruction house land” within the same village and also they

will receive a relocation allowance in cash. The PMO, IA, RO and local government will

provide necessary assistance during LAR implementation, such as allocation of

reconstruction house land, construction of new houses and relocation. The measures for

economic rehabilitation include: (i) provision of 1,060 person-years of employment

opportunities to the local community people, including the APs in labor force during the

Project construction and 57 public welfare job positions during operational phases; (ii)

development of tertiary industry (such as clothing retails, grocery store, transportation,

hairdressing salon, dry cleaning, food service, and tourism business); (iii) provision of social

insurance, with 30% contribution from the local government and 70% contribution from rural

collectives and farmers (The land lost farmers pay 20% based on the 40% of the average

wage of the urban workers in last year); (iv) annual employment opportunities generated

induced by the Project and related urban development projects. The FMG will coordinate with

relevant departments, including the owners of the job positions, labor and social security

bureau and district government to arrange the APs to be employed for these job positions;

and (v) provision of technical training to 456 APs in labor force to be affected by permanent

and temporary land occupation to increase their skills to be employed in institutions,

enterprises and businesses.

7. For the people who will lose their land temporarily, cash compensation will be paid to

the APs for the standing crops. The land recovery cost which is included in the engineering

cost will be paid to the contractors to restore the land to its original condition and keep the

same quality as before by the contractors. The Project construction will generate 1,060

person-years (or 25,440 person-months or 3.18 million days) short-term employment

opportunities. The APs will be given priority to be employed during the Project construction

period with income earnings over CNY 1,500 per month.

8. For residential houses to be demolished, cash plus provision of reconstruction house

plot for self-construction by the APs will be adopted for this project. The households that have

to be relocated will also receive a relocation allowance and relocation transit allowance.

Compensation for ground attachments will be paid to the affected owners.

9. The cost estimate for land acquisition and resettlement is CNY 5.5863 million or

US$ 821,500 at the prices of 2010, including compensation for permanent land acquisition,

temporary land occupation, residential house demolishment, auxiliaries, relocation

allowances, infrastructures and special facilities, relevant land taxes, M&E, other costs, and

contingency. The land acquisition and resettlement activities will occur between April 2011

and April 2013. Construction will not take place before the APs are fully compensated and

relocated, and all arrangements are made to commence the livelihood rehabilitation activities

and the APs are registered for these. A community based grievance address procedures has

been well established and explanations are included in the RPs and RIBs. Internal and

external monitoring of the RP implementation will be conducted to ensure successful

implementation of the RP. Monitoring methodologies are specified in the RP. Internal

supervision and monitoring will be done by the IA to ensure compliance with the provisions of

the RP. The PMO and IA have agreed to a set of supervision milestones with ADB, to ensure

timely and effective implementation of resettlement activities. An independent monitoring

agency under contract to the PMO will carry out external monitoring and evaluation. External

monitoring reports will be prepared every 6 months during implementation and annually for 2

years after completion of resettlement. These reports will be submitted to ADB, the PMO and

the IA, and will be uploaded to the ADB website.

I. INTRODUCTION

1.1 Background

10. The Fangchenggang Maoling WWTP and Sewerage Network Project (Phase I) is

one Component of Guangxi Beibu Gulf Cities Development Project. Proposed

Fangchenggang City Maoling WWTP and Sewerage Network Project (Phase I) lies in Sha’ao

Village, the southwest of Maoling Industry Zone of Maoling Township. The Project site is

located at the edge of Maoling Industry Zone and closely connects with the main road of this

Zone. .

11. Fangchenggang is a new and emerging port city. It is approved as opening trade

ports by the State Council in October 1983, and approved to be established as

prefecture-level city in May 1993 by the State Council. Fangchenggang is located in the

junction of China's southern coast and southwest hinterland, facing to Southeast Asia; it is

one of the nearest port cities from mainland China to Europe, Africa, Central Asia and West

Asia; it is the most convenient sea channel from southwest provinces to Southeast Asia and

other places of the world. Fangchenggang City is located at East longitude 107° 28'~ 108° 36',

North latitude 21° 36 '~ 22° 22', adjacent to Qinzhou in the East, Beibu Gulf in south, border

with Vietnam in southwest and west and connecting with Chongzuo in the West; it is a major

transportation hub along coast of Guangxi.

12. With the approval for the implementation of “GZAR Beibu Gulf Economic Zone

Development Plan” by the State Council, in-depth implementation of the Western

Development Strategy, China-ASEAN Free Trade Area and the "Two Corridors and One

Ring" to speed up the pace of construction, strengthening China and the Greater Mekong

Subregion Economic Cooperation, promoting the planning and construction of Beibu Gulf

Economic Zone, all of these bring in unprecedented opportunities to Fangchenggang City.

According to orientation of the planning, Fangchenggang City will be built as a base of newly

industrialized and important gateway port city for iron and steel and energy, commercial

trading logistics, processing and manufacturing, industry transfer undertaking and

international coastal resorts.

13. Maoling Industry Zone of Fangcheng District is one of the 14 township enterprises

demonstration areas in the Guangxi Zhuang Autonomous Region (GZAR) according to the

GZAR Government document, Guizhengfa [2000] No. 21 “Notification of Nominating the

Second Batch Township Enterprise Demonstration Area by GZAR Government”. With the

development of Maoling Industry Zone, there are continuously increased processing industry

and trading enterprises as well as populations. The Industry Zone will generate a great

number of living and industrial wastewater. The untreated wastewater is discharged directly

into the natural water receiving body in large quantities, it will definitely cause the severe

pollution to the local surface and ground water as well as impact the local environmental and

ecological balance, and threaten the health of the local residents. In order to protect the

functions of the regional water basin, improve the living conditions of the residents as well as

achieve economy sustainable development of the Industry Zone, it is necessary to construct

industrial WWTP and sewerage network.

1.2 Description of the Project

14. The scope of the Project construction includes: i) newly built of a WWTP with

capability of 30,000 m3/d; (ii) within the area of the short-term plan, 3 pumping stations will be

built; (iii) pave d400-DN1200 wastewater pipeline along the district road. The average depth

of such pipeline pavement is 4 m, and the total length is 24 km in the short-term. Figure 1-1a

the location map of Fangchenggang City Fangcheng District Maoling Industrial Zone, and

Figure 1-1b the detailed plan (land use plan) of Fangchenggang City Maoling WWTP and

Sewerage Network Project. The total Project investment is CNY 87.267 million, of which,

US$ 7.3 million (CNY 49.64 million) will be financed by ADB loan, CNY 37.627 million from

local financing. The Project will take a total of 24 months construction period.

Figure 1-1a: Location Map of Fangchenggang City Fangcheng District

Maoling Industrial Zone

Figure 1-1b: Location Map of Maoling WWTP and Sewerage Network Project (Phase I)

1.3 LAR Impacts of the Project

15. Within the ROW of Fangchenggang City Maoling WWTP and Sewerage Network

Project (Phase I), the land use includes dryland, wood land, and waste land. There is also a

few structures. The scope of the Project impacts is mainly determined by the measurement

survey on the basis of the FSR. The construction of the Project will involve permanent land

acquisition, temporary land occupation, residential structure demolishment, auxiliaries, and

basic infrastructures and special facilities.

16. In total, 100 mu collective-owned land will be acquired permanently for the Project,

including 30 mu paddy land, 65 mu wood land and 5 mu waste land. Due to the permanent

land acquisition, a total of 30 rural households or 200 rural populations will be affected.

17. The land to be acquired for the Project only accounts for 1.25% of the Maoling

collective land area and 0.86% of total farmland area of Sha’ao Village. The impact of the

land acquisition to the rural collective is small. However, due to the land loss, associated

proportion of income will also be lost. Therefore, the income rehabilitation for the APs has

been taken into consideration of the RP

WWTP Site

18. In addition, f

or construction road

access, worksite and construction materials

storage, the Project will use 150 mu land

temporarily.

19. D

ue to the land acquisition of the

Project construction, 425 m2 residential

houses will be demolished and resettled. All

the demolished houses are brick-tile

structures. In total, 5 rural households or 28

rural persons will be affects.

20. In summary, the Fangchenggang Maoling WWTP and Sewerage Network Project

(Phase I) will affect 30 households or 200 persons for permanent land acquisition and house

demolition,146 households or 627 persons for temporary land occupation. There are no

ethnic minorities and vulnerable group in the Project affected areas.

21. Based on the design of the Project construction map and the detailed measurement

survey (DMS), the RP will be updated and submitted to ADB for review and approval.

1.4 Preparation of RP

22. In line with the ADB’s Safeguard Policy Statement (2009) and relevant laws,

regulations and guidelines issued by the governments of People’s Republic of China,

Guangxi Zhuang Autonomous Region and Fangchengggang City, the RP has been prepared

by Beijing Enrimu Science & Technology Consulting Co., Ltd. (BESTCCL) on behalf of

Fangchenggang City Fangcheng District Urban Construction and Investment Co., Ltd.. The

RP will be reviewed and approved by Fangchenggang Municipal Government (FMG) and

ADB.

23. The RP preparation is based on the following relevant project documents and legal

documents, and the results of public participation and consultations.

(1) Design Basis:

 Feasibility Study Reports;

 Fangchenggang City Economic and Social Development Statistical

Communique in 2010;

 Urban Development Master Plan of Fangchenggang City; and,

 “Eleventh-Five Years Plan” of Fangchenggang City.

(2) Legal and Policy Basis

 Document 28: State Council Decision to Deepen Reform and Strictly Enforce

Land Administration in October, 2004;

 Land Administration Law of the PRC, amended in 2004;

 Implementation Regulation for Land Administration Law of PRC; December

1998;

 Notification on Adjusting Newly Added Construction Land Use Fee Collection

issued by Ministry of Finance and Ministry of Land Resources [Cai Zong [2002]

93];

 Temporary Regulations on Farmland Acquisition Tax of PRC, 2008;

 GZAR “Land Administration Law”, 2001;

 Temporary Regulations of Farmland Acquisition Tax, 2008;

 Decree 15 of Guangxi Zhuang Autonomous Region People’s Government:

Implementation Methods for Regulations on Village and Town Planning and

Construction in Guangxi Zhuang Autonomous Region;

 Notification on Announcement for Average Production Value for Land Acquired

and Demolishment Compensation Standards for the Construction Land Use of

GZAR Basic Infrastructures and Important Projects [Guifagaifagui (2009) 52];

 Implementation Methods of GZAR farmland occupation tax [Guizhengfa (1987)

88 Hao 59];

 Notice of Compensation and Resettlement Method for Land Acquisition and

Resettlement of Four Lines and Four Areas Construction in Fangchenggang

City, 2009;

 Unified Standard of Annual Output Value issued by the People's Government of

Fangchenggang City, 25th January, 2010;

 ADB’s Involuntary Resettlement Policy, 1995;

 Handbook on Resettlement: A Guide to Good Practice, ADB Manila, 1998;

 Gender Checklist: Involuntary Resettlement, ADB Manila, February 2003;

 OM Section F2 — Operations Manual: Bank Policies (BP) and Operational

Procedures (OP), ADB, Manila, 2006;

 ADB’s Safeguard Policy Statement, June 2009; and,

 ADB’s Safeguard Policy Statement, Bank Policy Operating Handbook OM F1

(January 20, 2010).

(3) Public Participation and Community Consultation Activities

 Visits to the Project affected areas;

 Consultation meetings with district government leaders, representatives, and

APs between April and May 2010;

 Sample socioeconomic survey of affected households in April and May 2010;

 Land acquisition and resettlement survey information between April and May

2010;

 Focus group discussion during ADB PPTA phase between April and May 2010;

and,

 Consultation workshops on environment and resettlement in May 2010.

24. The objectives of the RP are to avoid involuntary resettlement wherever possible; to

minimize involuntary resettlement by exploring project and design alternatives; to enhance, or

at least restore, the livelihoods of all displaced persons2

2 In the context of involuntary resettlement, displaced persons are those who are physically displaced (relocation,

loss of residential land, or loss of shelter) and/or economically displaced (loss of land, assets, access to assets,

income sources, or means of livelihoods) as a result of (i) involuntary acquisition of land, or (ii) involuntary

restrictions on land use or on access to legally designated parks and protected areas.

in real terms relative to pre-project

levels; and to improve the standards of living of the displaced poor and other vulnerable

groups.

II. IMPACT OF LAND ACQUISITION AND RESETTLEMENT

2.1 Measures Taken to Avoid or Minimize LAR Impacts

25. To avoid or reduce land requisition and resettlement (LAR) impacts to the minimum,

alternatives have been carefully reviewed and the optimal option has been adopted for the

Fangchenggang City Maoling WWTP and Sewerage Network Project (Phase I). By taking

into consideration of reducing land acquisition and resettlement impacts, and the life and

property security of the residents in the Project Area, the mitigation measures to reduce the

LAR impacts have been proposed: 1) strictly control the scope of land acquisition through

coordinated surveying and mapping; and 2) avoid the intensive acquisition rural land, house

demolishment, forest land and communication areas as much as possible. As a result, Option

II has been selected as the option of the Project. Table 2-1 is the alternative comparison of

“Option I” and “Option II” to minimize LAR impacts on collective-owned land within ROW.

Table 2-1: Alternatives to Reduce the Land Acquisition within ROW

Option I: Before Measures Taken

Option II: After Measures Taken

Item

AHs

(no.) APs

(no.)

House

Demolishment

)

Land

Acquisitio

n (mu)

AHs

(no.)

APs

(no.)

House

Demolishment

)

Land

Acquisitio

n (mu)

WWTP 35 232 750 110 30 200 685 100

Total

232

750

110

200

685

100

2.2 Methods of LAR Impact Assessment

26. The physical identification of impacts are mainly relies on the statistical data obtained

from the relevant government organizations, questionnaires, measurement survey, and

discussion with APs during field investigation, site visits, meetings, individual interviews, etc.

27. Between April and May 2010, under the supervision of PMO and IA, the Fangcheng

District Government and village committee (VC) carried out full-scale property and

socioeconomic surveys to obtain basic data and prepare the RP. The survey is carried out to

clarify the quantity and number of the properties affected by the Project. This has provided

basic data for the scope of the Project impacts, the calculation of losses caused by LAR,

socioeconomic impacts, planning on livelihood restoration of the APs, budget, and monitoring

and evaluation.

28. The Project will affect land, house structures, auxiliaries, and basic infrastructures

and special facilities. The quantity and category of the acquired lands and demolished

structures were surveyed with the participation of the APs. Village committees and

representatives of the villagers were consulted on compensation standards and resettlement

plan for land acquisition and resettlement.

2.3 Scope of LAR Impacts

2.3.1 Summary of Land Acquisition

29. According to the identified impact, the scope of the land acquisition and resettlement

of the Project includes permanent land acquisition, temporary land occupation, and

residential structure and auxiliary demolishment. Some basic infrastructures and special

facilities will also be affected. Table 2-2 provides the summary of the LAR impacts.

Table 2-2: Summary Land Acquisition and Resettlement Impacts

Administrative Jurisdiction Permanent Land Acquisition Temporary Land

Occupation Residential Structure

Demolishment

Total AHs and

APs by LA &

Demolishment

District Townsh

ip Village

Total

Area

Land

(Mu)

Collectiv

e Land

(Mu)

AHs

(No.) APs

Total

Area of

Land

(Mu)

AHs

(No.) APs Total

Area

(m2)

AHs

(No.) APs AHs

(No.) APs

Fangche

Maolin

Sha’ao 100 100 30 200 150 146 627 685

30 200

Total

100

200

150

146

627

685

200

Note: 1 AHs and APs are affected by house demolishment will also be affected by permanent land acquisition.

2.3.2 LAR Impacts by Type of Losses

2.3.2.1 Permanent Land Acquisition

30. The Project will acquire 100 mu of collective-owned land. Table 2-3 provides

the impacts of permanent land acquisition.

Table 2-3: Impacts of Permanent Land Acquisition

Engineeri

Compone

Affected

Village AHs (No.)

APs

(No.)

Area of

Land

Acquisition

(Mu)

Type of Land (Mu)

Paddy

Land Wood

Land Waste

Land

WWTP

Sha’ao 30 200 96 30 61 5

Pump

Station

0 0 4 0 4 0

Total

200

100

2.3.2.2 Temporary Land Occupation

31. The Fangchenggang City Maoling WWTP and Sewerage Network Project

(Phase I) will temporarily use 150 mu lands. Table 2-4 provides the impacts of

temporary land occupation.

32.

Table 2-4: Impacts of Temporary Land Occupation

Affected

Village AHs

(No.) APs

(No.)

Temporar

Occupatio

n of

Collective

Land (Mu)

Type of Land (Mu)

Padd

Land

Veg.

Land Drylan

d Fish

Pond

Woo

Land

Waste

Land

Sha’ao

146

627

150

4.5

7.5

Total

146

627

150

30 4.5 15 3 90 7.5

2.3.2.3 Residential House Demolishment

33. Within the ROW, the Project will demolish 685 m2 residential structures.

Table 2-5 provides the area of residential structure. The average demolished area of

each household is 137 m2, with smallest area of 100 m2 and the largest area of 210 m2.

The affected households will be resettled in the same village and they will also be

affected by permanent land acquisition.

Table 2-5: Demolishment of Residential Structures

Affected

Village

Affecte

Village

Group

Name of

Affected

Household

Heads

APs

Area of House Demolishment (m2)

Total Brick-

Tile Brick-

Wood Simple

Sha’ao

Village

Xianwo

Song Qiyi

210

199

Xianwo

Song Qikuan

160

151

Baobei

Xiang

Zhirong

4 100 92 8

Baobei

Xiang Zhihua

105

Affected

Village

Affecte

Village

Group

Name of

Affected

Household

Heads

APs

Area of House Demolishment (m2)

Total Brick-

Tile Brick-

Wood Simple

Baobei

Xiang

Zhicheng

6 110 101 9

Total

685

542

2.3.2.4 Ground Attachments

34. Some ground attachments will be affected also. The impacts of auxiliaries

involve in the affected 30 HHs, and basic infrastructures and special facilities are the

properties of the village or township. Table 2-6 are the impacts of affected ground

attachments.

Table 2-6: Affected Ground Attachments

Item Unit Quantity

Auxiliaries

Toilets

No.

Fruit trees

Chicken house

Pig pen

Methane gas house

Drinking well

No.

Basic Infrastructures and Special Facilities

Electric poles

No.

Rural road

260

Satellite dish

Broadcasting line

1,000

2.3.2.5 Affected Households and Population

35. In summary, the Project will acquire part of land in Sha’ao Village of

Fangcheng Township, Fangcheng District. It will affect 30 households, 200 persons

for both permanent land acquisition and house demolition, 146 households and 627

persons for temporary land occupation. There is no ethnic minority in the Project

affected areas. Table 2-7 is the summary of the affected households and populations.

Table 2-7: Summary of Affected Households and Populations (unit: No.)

Administrative Jurisdiction

Permanent

Land

Acquisitio

Tempora

ry Land

Occupatio

Residential

Structure

Demolishme

Total AHs

and APs by

LA &

Demolishme

City District/

Townshi

Village

Group AHs

(no.)

APs

(no.

)

(no

APs

(no.)

AHs

(no.)1

APs

(no.)

AHs

(no.) APs

(no.)

Fangchen

Gang

Fangchen

g /Maoling

Sha’ao

Village 30 200 146 62

7 5 28 30 200

TOTAL 30 200 146

5 28 30 200

2.4 Impacts on Vulnerable Groups

There are no vulnerable households affected by the Project construction.

2.5 Impact Analysis of Land Loss

36. The Project will lose 100 mu of permanent collective land permanently. Within

the red line, partial collective land of Sha’ao Village will be acquired, and 1.25% of

village collective land and 0.86% of village collective farmland will be lost, and the

affected household will lose 19.56% of their farmland and associated income loss for

the farmland would be 1.5 mu per household for the total affected 20 households by

farmland), the impact is relatively significant. However, the average land income loss

is average at 3.70% of their total family income or CNY 692 per household per year,

and the income loss only share small proportion of their total family income, thus we

could see that agriculture play less important role for their livelihood. The land loss

analysis is based on the loss of agricultural land and associated income loss. Table

2-8 and Table 2-9 provides the impact analysis of land loss.

Table 2-8: Land Loss Analysis of Permanent Land Acquisition by Village

Village

Groups

Before Land Acquisition

Land Use by the

Project

Ratio of Land

Loss

Remaini

Farmlan

d (mu)

Total

HHs

(No.)

Total

Popu.

(No.)

Total

Land

Area

(mu)

which

Farmla

(mu)

AHs

(No.

)

APs

(No.)

Total

Land

Area

(mu)

which

Farmlan

d (mu)

Total

Area

(%)

Farmlan

d area

(%)

Sha’ao Village 456 2,210

8,017.95

3,496.4

30 20

100 30 1.2

0.86 3,466.4

Total 456 2,210

8,017.95

3,496.4

30 20

100 30 1.2

0.86 3,466.45

Table 2-9: Land Loss Impact Analysis on Households

No.

Item

Sha’ao Village

Impacts

Affected Household

Affected Rural Population

200

Land Acquisition (mu)

100

No.

Item

Sha’ao Village

Per capita farmland for AHs before LA (mu)

7.67

Per capita farmland for AHs after LA (mu)

6.17

Percentage of land loss (%)

19.56%

Percentage of income loss (%)

3.70%

Income Resources

Agriculture Income (CNY)

5,307.00

-Percentage of Agriculture Income (%)

28.37%

10 Total Household Average Annual

Disposable Income

16,614.00

III

Percentage of Farmland Loss by AHs*

< 10%

> 10% - 30%

> 30% - 50%

> 50% - 70%

> 70% - 90%

> 90%-100%

100%

Total

Percentage of Farmland Loss by APs*

< 10%

> 10% -30%

> 30% - 50%

> 50%-70%

> 70% - 90%

> 90%-100%

100%

Total

133

Note: A total of 30 households will be affected by permanent land acquisition. The figures here

only represent the households or APs to be affected by farmland.

III. SOCIOECONOMIC PROFILE OF AFFECTED AREA AND POPULATION

3.1 Socioeconomic Profile of Fangchenggang City

37. Fangchenggang City is an important harbour city of GZAR. It is strategically

located in the southwest end of the mainland coastline, facing the sea from three

direction, 40 km to Vietnam at the west, 150 km to Nanning, 170 km to Beihai at the

east, 132 sea miles from Halong Bay of Vietnam, 151 sea miles away from Hai Phong

of Vietnam, 470 sea miles from Hongkong, and 1,345 sea miles from Singapore. It

administers two districts, one county and one county-level city, namely Fangcheng

District, Gangkou District, Shangsi County and Dongxing City (county-level city). The

total area of the City is 6,181 km2. There are 24 townships, 2 street administration

offices, 284 village committees and 14 resident committees. In 2009, the total

population of the City is 852,800, including 545,000 agricultural populations.

Fangchenggang is home to 20 minority ethnic groups in addition to the Han, including

Zhuang, Yao, Jing, Dong, Miao, Mulao, Maonan, Hui, Shui, Gelao, Manchurian,

Korean, Tibetan, Li, Dai and Uygur. The ethnic minority population account for about

48% of the total population. The Jing Minority Three Island of Jiangping Township,

Dongxin City is the only Jing concentrated living area.

38. Since Fangchenggang has been classified as a prefecture-level city,

especially during the “10th Five-Year-Plan” period, Fangchenggang has had rapid

economic development as well as urban infrastructures. The GDP increased from

2001 CNY 6.265 billion in 2001 to CNY 9.324 billion in 2005, by average annual

increase of 12.2%; the fiscal revenue increased from CNY 453 million in 2001 to CNY

804 million in 2005, with average annual increase of 15.4%. In 2005, the per capita

GDP totaled US$ 1,406, per capita fiscal revenue more than CNY 1,000. By the end of

2009, the city achieved the GDP of CNY 24.378 billion (at current prices, the same as

below), an increase of 22.6%; per capita GDP reached CNY 28,746, an increase of

20.9%. Among them, the primary industry added value was CNY 3.98 billion, an

increase of 4.8%; the second industry CNY 12.493 billion, an increase of 36.2%; and

the tertiary industry CNY 7.905 billion, an increase of 14.2%. The proportion of the first,

second and tertiary industry is 16.3:51.3:32.4. The proportion of the second industry

gas increased significantly. The industrial structure was further optimized. The fixed

social capital investment accounted for CNY 25.410 billion, up 74.0%, with growth

ranked first in the region. The fiscal revenues reached CNY 2.739 billion, an increase

of 24.9%. The per capita disposal income of urban residents is CNY 16,067, ranking

third in the region, an increase of 11.9%; per capita net income of rural residents is

CNY 4,903, ranking first in the region, and increase of 10.2%.

3.2 Socioeconomic Profile of the Affected Area and APs

39. This survey was undertaken by the Sha’ao Village of Maoling Township,

Fangcheng District under the supervision of PMO and IA between April and May 2010.

Its main objectives were: (i) to compile socioeconomic information on the APs likely to

lose land or property to the Project component; (ii) to obtain information on the extent

of APs’ knowledge of the proposed Project; and (iii) to identify APs’ preferences

regarding land acquisition, structure demolishment and income rehabilitation

measures.

40. The survey covers the rural households to be affected by permanent land

acquisition, structure demolishment and temporary land occupation. A total of 70

families (100% of households to be affected by permanent land acquisition and house

demolition, and 40% or 40 households to be affected by the temporary land

occupation) of the total affected households were surveyed. Table 3-1 presents the

surveyed VC and households, and Table 3-2 shows the socioeconomic status of the

affected villages.

Table 3-1: Surveyed Household and Units

District Township Village Affect

No. of

Surveyed

Household

Fangcheng

District Maoling Sha’ao

Permanent land

acquisition and

structure

demolishment

Temporary land

occupation

Total

Table 3-2: Economic Status of Affected Villages

Items

Sha’ao Village

Total Households (No.)

456

Total Population (No.)

2,210

Female

1,017

Agriculture Popu. (No.)

2,210

Non-agriculture Popu. (No.)

Total Labor Force (No.)

1,215

Industry

Agriculture

635

Service Industry

550

Total Area of Farmland (mu)

3,496.45

Paddy Land

3,363.45

Irrigated Land

115

Dry Land

Vegetable Land

Wood Land

4,450.50

Orchard Land

Fish Ponds

Waste Land

Gross Income (CNY 10,000)

757.60

Agriculture (CNY 10,000)

312.00

Industry (CNY 10,000)

30.60

Service Industry (CNY 10,000)

415.00

3.2.1 Demographic Features of APs

41. The detailed demographic features of surveyed APs are listed in Table 3-3,

including age, population composition, education and occupation by gender.

42. Of the total surveyed household populations, all households and populations

are rural, including 155 persons or 47.11% are women. The family size is 4.7 persons.

Of the total affected rural population, 456 APs are in labor force accounting for

55.12% of the total population. The ages of the surveyed population showed that the

population is approximately distributed in normal situation, between 7-19 years old

accounting for 19.95% of the total sampled population; the majority of the population

between 20-50 years old who represent the major workforce and account for 45.83%

of total sampled population, and between 51-70 years old accounting for 18.74% of

the total sampled population.

43. Over half (85%) of the household members have received primary and junior

middle school education, primary school education ranked first, 60%, junior school

education ranked second, 25%. Illiterate persons ranked third, accounted for 10%,

senior high school education ranked fourth, accounted for 4%; 1% have received

education from vocational school. Illiterate persons mostly are those who are over 60

years old. Of the total surveyed respondents, 19.94% are those who are over 60 years

old or less than 6 years old.

44. The employment is characterized by 60% of the APs in labor force engaged in

seasonable labor (construction industry and food catering industry), 40% engaged in

the agricultural and sideline (such as breeding), they also use low-peak season during

agricultural production period to go out for seasonable labors. Some women and

young people also go out for seasonable work, and this become to be the main

income resources.

Table 3-3: Demographic Features of the Total Affected Populations

Item

Male

Female

Total

Number

Households: 70

174

52.89%

155

47.11%

329

100.00%

Household Size：4.7

Age

≤6 Years

5.47%

4.26%

9.73%

7-19 Years

11.25%

8.81%

20.06%

20-35 Years

10.03%

20.06%

36-50 Years

13.07%

12.77%

25.84%

51-60 Years

6.99%

7.30%

14.29%

61-70 Years

3.04%

1.52%

4.56%

≥71

3.04%

2.42%

5.46%

Total

174

52.89%

155

47.11%

329

100.00%

Composition

Kids (< 7 years old)

5.47%

4.26%

9.73%

Students

13.37%

7.30%

20.67%

Labor Force

29.18%

25.84%

181

55.02%

Retired*

4.87%

9.71%

14.58%

Total

174

52.89%

155

47.11%

329

100.00%

Education

Illiterate

4.86%

5.17%

10.03%

Primary school

106

32.22%

27.66%

197

59.88%

Middle school

13.07%

11.85%

24.92%

High school

2.13%

1.82%

3.95%

Vocational School

0.61%

1.22%

College

0.00%

University or Above

0.00%

Total

174

52.89%

155

47.11%

329

100.00%

Occupation

Seasonable labor

31.47%

28.43%

118

59.90%

Item

Male

Female

Total

Number

Farmer

18.78%

21.32%

40.10%

Total

50.25%

49.75%

197

100.00%

Note: The retired person means female ≥55 years, male≥60 years.

Data sources: Socioeconomic survey between April and May, 2010.

3.2.2 Residential Houses

45. All structure within the scope of the Project ROW will be demolished.

According to the survey, it indicates that the average area of structures is 137 m2.

Table 3-4 is the area of structures to be demolished.

Table3-4: Area of Residential Structure Demolishment (N=5 HHs) unit: m2/AH

Structures

Min.

Max.

Average

Area of Structures (m2)

100

210

137

46. The affected structures mostly include brick-concrete, brick-wood and simple

structure, of which 79% are brick-concrete, 13% brick-wood, and 8% simple structure.

3.2.3 Land Use

47. The affected village has a total of 3,497 mu farmland, 456 households or

2,210 persons. The average farmland per households is 7.67 mu, with average

farmland of 1.58 mu per capita. The land use in the village mainly includes paddy land,

irrigated land, dryland, vegetable land, wood land, orchard land, and fish pond. The

major agricultural crops are paddy rice, corn, vegetables, etc.. The fruit trees include

Lychee, peach, plum and citrus, etc. As a result of land acquisition, the affected village

groups will lose 1.25% of their land, including 0.86% of collective farmland.

3.2.4 Financial Situation of Households

48. According to the statistical data of the surveyed households, the average

annual income is CNY 18,706 per household or 3,980 per capita, of which 52.82% are

from transportation service and seasonable labor (construction and food catering

industries), 41.18% from agricultural and sideline business income, Of the total

household income, 54% are contributed by males and 46% by females, mainly due to

males engaged in transportation and seasonable labor. Table 3-5 provides the details

of the average income of the affected households by gender.

Table 3-5: Average Income of the Affected Households by Gender

Source of Income

Average Annual Income of Households

Total

(CNY) % Income

of Male

(CNY) %

Income

Female

(CNY)

Service,

Construction And

Catering

11,002.87

58.82% 7,856.52 42.00% 3,367.08 18.00%

Sales of Agricultural

& Sideline Products

7,703.13 41.18% 2,244.72 12.00% 5,237.68 28.00%

Total

18,706.00

100.00%

10,101.24

54.00%

8,604.76

46.00%

49. The results of the survey show that the average annual expenditure per

household is CNY 15,510, accounting for 38% of the total household expenditure. See

Table 3-6 for the details of average household expenditure.

Table 3-6: Average Annual Expenditure of the Affected Households

Expenditure

Average Annual

Expenditure Per

Capita (CNY)

Average Annual

Expenditure Per

Family (CNY)

% of Total

Expenditure

Food

1,254.00

5,893.80

38.00%

Water & Electricity Cost

305.91

1,437.78

9.27%

Clothes

301.95

1,419.17

9.15%

Transportation

201.30

946.11

6.10%

Telecommunication

144.87

680.89

4.39%

Education

165.00

775.50

5.00%

Medical Care

114.84

539.75

3.48%

Gifts

305.91

1,437.78

9.27%

Agricultural input

420.42

1,975.97

12.74%

Others

85.80

403.26

2.60%

Average Annual

Household Expenditure

3,300.00 15,510.00 100.00%

3.2.5 Vulnerable Groups

In total, there are no vulnerable households in the Project affected area.

3.2.6 Gender Perspectives on Resettlement

50. When asked the surveyed households on the resettlement issues, the

majority of the affected households request fair and timely compensation,

employment opportunities, and children’s education, if their land has to be acquired

and structures have to be demolished. In comparison with house demolition, the APs

consider that they are less concern on the loss of their land and think that farming is

not a preferable option for them as their farmland is affected by high-salt sea water,

which severely affected agricultural production. They are not willing to engage in

agricultural production any more but hope to get the cash compensation and future

employment. The surveyed 70 households would like to use compensation payment

to do some businesses or get some training to be employed in enterprises and

institutions and no longer engaging in agricultural farming any more. For those who

will lose their houses, they expressed that they would use the compensation payment

to rebuild structures. Table 3-7 provides the opinions and concerns of the APs for

resettlement. All of these concerned raised have been incorporated in the planning

and implementation of resettlement program, and relevant mitigation measures

should be formulated and implemented.

Table 3-7: Opinions and Concerns of the APs on Resettlement

Item

% of Males

% of Females

Fair Compensation

100

Reconstruction House Plot

Timely Compensation

Employment 100 80

Obtaining Reconstruction Land

All Cash Compensation

100

Future Employment

100

Children’s Education

Assistance during Resettlement

Loss of Family Social Network

Others (Government’s Assistance)

51. Of the total affected population, 155 persons or 47.11% are females, including

98 women are in labor force. As more men move out of the villages for seasonable

labor, there is increasing proportion of women engaging in agricultural and household

activities than their male counterparts. As a result, the income made by women from

farming and sideline activities is 16% higher than males. Thus, the impact of land loss

will be higher for women than men. However, the land acquisition also provides

opportunities for women to be engaged in non-agricultural activities which are more

suitable for them, such as food catering services, hairdressing salon, clothing store,

grocery store. These business/job opportunities will reduce women’s heavy workload

from agricultural farming and make them generate higher income from the

development of tertiary industry. As a result, women to be affected are willing to give

their land for the construction of the Project. To switch from agricultural activities to

service industry, it is important that local government and IA ensure proper training

provision to women which could help them to gain the necessary skills and knowledge

to operate the business or perform the work.

IV. PUBLIC PARTICIPATION AND INFORMATION DISCLOSURE

4.1 Public Participation Strategy

52. Great attention has been paid to public participation under the Project during

the planning, and RP preparation. Comments have been solicited from the affected

village, government organizations and affected households.

4.2 Methods and Measures of Public Participation

53. During the preparation of the project FSR, PMO, IA and DI have held various

meetings with the relevant organizations and representatives of the village regarding

the land acquisition and resettlement issues and compensation policies. Comments

and suggestions have been obtained on the resettlement site, compensation, and

livelihood and income rehabilitation plan. The RP has been prepared based on the

above.

54. During the project implementation phase, PMO, IA and RO will encourage

local residents to involve in the land acquisition and livelihood rehabilitation and

income restoration process.

4.3 Public Participation during RP Preparation

55. During the RP preparation, all relevant organizations and representatives

have participated in the following activities:

(1) During the measurement survey of land acquisition and resettlement

between April and May 2010, all levels of relevant organizations responsible

for land acquisition and resettlement, village committee, representatives of

and villagers (including women) have been involved in the survey activities.

During the survey, women were basically on the spots, they carefully

checked and read the index investigation final results.

(2) From April to May 2010, the PMO, IA and DI organized many meetings with

district leaders, representatives of VC, and APs to publicize the existing

national, autonomous region and municipal resettlement policies and ADB’s

Safeguard Policy Statement 2009. Comments have been solicited from the

participants for minimizing the project impacts, and formulating the

compensation rates, and resettlement and rehabilitation plan. With extensive

consultations, the APs who will be affected with different losses all agree with

the cash compensation or replacement resettlement in accordance with the

national regulations.

(3) During resettlement planning period from April to May 2010, PMO, IA, DI, and

other relevant organizations visited the affected village committee and

villager group, held meetings with participation of the villager leaders and

representatives of the villagers to solicit their comments on land acquisition

and resettlement, compensation policies and standards, resettlement plan,

and restoration measures. These consultation meetings and investigations

have generated lots of interests in the resettlement issues and compensation

policies, compensation entitlements, and rehabilitation plan. The backward

resettlement scheme within the same village was discussed.

(4) In order to strengthen the project awareness and outreach, PMO, IA and DI

conducted questionnaire surveys of the APs in April and May 2009. The

survey covered all the households to be affected by land acquisition and

residential structure; and the result is reliable and reflects the preferences of

the APs.

(5) Consultation workshops on environment and resettlement between April and

May, 2010.

56. The results of the consultation indicate that in general, the APs are not willing

to be engaged in the agriculture activities any more and do not expect land

readjustment, they require fair and reasonable cash compensation and provide

employment opportunities, provision of permanent house plot and construction of

basic infrastructures by the government as soon as possible, and the payment should

be paid timely. In comparison with house demolition, the APs consider that they are

less concern on the loss of their land and think that farming is not a preferable option

for them. They would like to use cash compensation to reconstruct their houses, and

they also would like to use cash compensation from the loss of their land to

rehabilitate their livelihood and income, such as: i) purchase of social insurance; ii)

development of self-employed tertiary businesses (i.e. clothing, grocery,

transportation, cargo, community service, repair, hairdressing salon, beauty salon,

dry-cleaning, entertainment, food catering and hotel services, and tourism); and iv)

investment in their children’s education. They expect to seek employment in other

institutions, enterprises and businesses through training. The APs are satisfied with

the compensation rate, and resettlement and rehabilitation measures. However, they

also expressed their concerns on fair compensation and timely disbursement of

compensation payment.

4.4 Women’s Participation

57. Women in the Project area enjoy equal rights with men and they are playing

an important role in project planning, design and implementation. During the field

survey, about 40% of women have participated in the survey on land acquisition,

structure demolishment and inventory indexes. Meanwhile, the local government

organized the resettlement consultation meeting (at least 40% participants are women)

and some representatives of Fangchenggang City Women’s Federation were asked

to participate in consultation meetings to fully solicit opinion of local women. The major

concerns for women are fair compensation standards and timely compensation

payment. They would like to get necessary assistance from the local government

during the land acquisition and resettlement process, priority for employment and

training opportunities.

4.5 Information Disclosure

4.5.1 Resettlement Information Brochure

58. In order to help the APs gain a good understanding of the land acquisition and

resettlement policies and their entitled rights, IA (Fengchenggang City Fangcheng

District Urban Construction and Investment Co., Ltd.) in association with BESTCCL

has prepared a resettlement information brochure (RIB) and a copy of RIB will be

distributed to each AP before 15 December, 2010. Please refer to Appendix 1 for the

RIB. The main components of the brochure include: (1) general description (including

purpose and location) of the Project and the socioeconomic benefits; (2) project

impacts; (3) laws, regulations and policies of land acquisition and resettlement; (4)

basic rights and entitlements of the APs; (5) compensation rates; (6) resettlement and

income restoration plan and grievance procedure; and (7) implementation schedule.

The affected persons were satisfied with the compensation rates and the rehabilitation

measures proposed. They will sign their agreement on the entitlements. The

disclosure procedure can increase the transparency during the resettlement

implementation. At the same time, it will advise the APs how they can raise their

requests and appeal through various channels (including the VC, PMO, IA and RO,

FLRB, FHDAO, GZAR LRB, GZAR HDAO, and court) and various methods (i.e. by

visiting, writing letter or telephone).

4.5.2 Distribution of the Resettlement Plan

59. The draft resettlement plan was distributed to the affected VC in September

2010. The RP to be approved by FMG will be redistributed to village committees by 15

December 2010 to any one wishing to consult the document in the VC. Copies of the

RP will be kept in the Project office and affected VC. At the same time the RP will be

posted on the ADB’s website. The RP will be updated based on the detailed

measurement survey (DMS) in January 2011 and will be disclosed to the APs and

submitted to ADB for review and approval prior to start of land acquisition and

resettlement activities and approval of civil works contract awards. After ADB approval,

the updated RP will also be posted on ADB’s website for disclosure.

4.6 Public Participation Plan during RP Implementation

60. In order to address the problems and needs of the APs properly and timely

regarding land acquisition and resettlement, further consultations with the APs will

continue so that all issues may be addressed prior to the start of construction and the

implementation of the RP. Meetings will be arranged by the implementation agencies

for land acquisition and resettlement, as appropriate. Each affected household will

have the opportunity to negotiate the compensation contract, which they will sign with

the RO. Table 4-1 provides the public consultation plan and process, and Table 4-2

the outcome of the consultantion process.

Table 4-1: Public Consultation Plan and Process

Purpose of

Event

Form of

Event

Timing

Implementin

g Agencies

Target

Participants

Remarks

1. Provide

briefings to

APs on

Project &

RP. Solicit

comments

from APs.

Village

meetings

and focus

group

discussion

April 2010 –

May 2010

PMO, IA, DI,

district

government,

and VC

All APs

affected by

LAR of the

Project

Meetings held

with APs in the

village

Disclosure

of RIB

Public &

village

meetings

and focus

group

discussions

December,

2010

PMO, IA,

district

government,

FLRB,

FHDAO, and

All APs

affected by

LAR of the

Project

Distribution of

RIB to all APs to

discuss

concerns and

suggestions on

LAR

programmes

Undertook

discussions with

various focus

groups to solicit

comments &

suggestions

Purpose of

Event

Form of

Event

Timing

Implementin

g Agencies

Target

Participants

Remarks

3. Conduct

Final

Detailed

Measuremen

t Survey

(DMS)

Site

investigation

s and

household

interviews

January, 2011

PMO, IA, DI,

district

governments,

FLRB,

FHDAO, and

All APs

affected by

LAR of the

Project

Inventory survey

of all assets and

land holdings

Collection of

socioeconomic

data

4. Present

Draft Final

RP to APs

Public &

village

meetings

and focus

group

discussion

September,

2010

PMO, IA,

district

governments,

and VC

All APs

affected by

LAR of the

Project

Distribution of

the draft RP to

APs to discuss

concerns & gaps

relating to LAR

programs

Undertake

discussions with

various focus

groups to solicit

comments &

suggestions

5. Prepare

and

Disclose

Detailed

Design and

Updated RP

to APs Prior

Submission

to ADB for

Approval

Public &

village

meetings

and focus

group

discussion

February, 2011

PMO, IA, and

district

governments,

and VC

Stakeholders,

beneficiaries,

and APs

Meetings to be

held with

beneficiary

population, and

with APs

6. Advise APs

Entitlements

and Dates of

Disbursemen

Public

meetings

December,

2010

PMO, IA, and

All APs

affected by

LAR of the

Project

Household

meetings to

outline

entitlements

Monitoring

of APs,

beneficiaries

Household

interviews

April 2011 – April

2013

PMO, IA,

district

government,

FLRB,

FHDAO, VC,

and

independent

monitoring

agency

Random

samples

Provide

recommendations

and update RP

Monitoring plan

Note: FHDAO = Fangchenggang House Demolishment Administration Office; FLRB = Fangchenggang

Land Resources Bureau; RO = Resettlement Office; VC = Village Committee

Table 4-2: Outcome of the Public Consultantion Process

Location Time Means No. of

Participants

Key Issues

Discussed

Raised by the

APs

Sha’ao

Village

April-Ma

y, 2010

Resettleme

nt survey

Project

description, LAR

impacts

, and

measures to

minimize the LAR

impacts.

Support the Project

construction,

scope of LAR

impacts, LAR

timing, fair and

timely

compensation,

resettlement within

the same village.

Sha’ao

Village

8-9 July,

2010

Consultatio

n meeting

Compensation

standards,

entitlements,

relocation scheme,

income

rehabilitation

measures.

Agreement with

the

compensation

rat

es, assistance

by the local

government

for the

tertiary industry

development,

priority given to the

APs for

employment,

provision of

training, no

preference for land

re-allocation.

Sha’ao

Village

15 Sept.,

2010

Focus group

discussion

Major components

f the RP,

including the LAR

impacts, laws,

regulations and

compensation,

entitlement,

resettlement plan

and livelihood and

income restoration

plan, greviance

procedures,

schedule, etc.

Timely

compensation

disbursement,

assistanc of the

local government

for

the APs to

develop tertiary

industry, well

established

greviance

procedures.

61. For smooth and successful implementation of the resettlement plan, the APs

will be encouraged to actively participate in various land acquisition and resettlement

activities. The Project construction will cause some impacts more or less on local

people. In order to ensure the APs could benefit from the Project, local people are

encouraged to actively participate in the project construction, and necessary

consideration and assistance should be provided to local APs in the use of labors.

V. APPEALS AND GRIEVANCE PROCEDURES

62. APs can propose any complaint related to resettlement issues and

compensation. The Project has established a transparent grievance channel in

addition to the existing grievance channels of local government. The first step of

grievance procedure established for the Project is through village committee, which is

localized grievance mechanism. The legal resolution is the last step proposed for the

APs in case that the APs are not satisfied with the decisions made during the whole

localized grievance process. APs will be informed of the above grievance and appeal

procedure through public information meetings, the resettlement information brochure

and other media, so that they can fully understand their rights for grievance and

appeal. The resettlement implementation organizations should resolve the grievance

for the APs timely. The basic grievance procedures include the following steps.

Stage 1:

63. If any AP is aggrieved by any aspect of the land acquisition and resettlement,

he/she can state his/her grievance and appeal to the village committee or in oral or in

written form. If an oral appeal is made, the village will record it on paper and process it.

Village committee will make decision on or resolve it in two weeks. The AP will be

informed of the result via written notice.

Stage 2:

64. If the aggrieved AP is not satisfied with the decision in Stage 1, he/she can

appeal to the district government office after receiving the decision; the district

government office will reach a decision in two weeks. The AP will be informed of the

result via written notice.

Stage 3:

65. If the aggrieved AP is still not satisfied with the decision of the district

government office, he/she will appeal to the Fangchenggang Project Management

Office (FPMO) or Fangchenggang Land Resources Bureau (FLRB) or

Fangchenggang House Demolishment Administration Office (FHDAO) after receiving

the decision. The Fangchenggang City PMO or FLRB or FHDAO will reach a decision

in two weeks. The AP will be informed of the result via written notice.

Stage 4:

66. If the aggrieved AP is still unsatisfied with the decision of the FPMO or FLRB

or FHDAO, he/she will appeal to the GZAR LRB or HDAO after receiving the decision.

The GZAR LRB or HDAO will reach a decision in two weeks. The AP will be informed

of the result via written notice.

Stage 5:

67. If the AP is still dissatisfied with the decision of the GZAR LRB or HDAO,

he/she will appeal to the civil division of a people’s court according to the civil

procedural law after receiving the decision from GZAR LRB or HDAO. The AP will be

informed of the result via written notice.

68. The resettlers can appeal on any aspect related with land acquisition and

resettlement, including compensation criteria and payment, etc.

69. An independent agency (IMA) will be hired by the FPMO for the overall

resettlement monitoring and evaluation of the Project in Fangchenggang City. The

IMA will inspect and report on the resettlement processes and the operation of the

FPMO and relevant organizations involved in the LAR implementation at different

levels and correct any errors made during the resettlement process.

VI. LEGAL FRAMEWORK AND POLICIES

6.1 Applicable LAR Laws, Regulations and Policies

70. The PRC has established and implemented laws, regulations, and policies on

resettlement and compensation for many infrastructure projects. This Project will

follow the related Chinese laws, national and GZAR regulations and local bylaws and

policies, and also include comments and suggestions from APs, and meanwhile meet

the requirements of ADB’s Safeguard Policy Statement (2009). The primary objective

of the land acquisition and resettlement (LAR) program is to ensure that the APs will

improve their standards of living, or at least will not be made worse off because of the

Project.

71. The land acquisition, demolition and resettlement of this Project will be

complying with the laws and regulations of PRC, local government and ADB:

 Document 28: State Council Decision to Deepen Reform and Strictly

Enforce Land Administration in October, 2004;

 Land Administration Law of the PRC, amended in 2004;

 Implementation Regulation for Land Administration Law of PRC;

December 1998;

 Notification on Adjusting Newly Added Construction Land Use Fee

Collection issued by Ministry of Finance and Ministry of Land Resources

[Cai Zong [2002] 93];

 Temporary Regulations on Farmland Acquisition Tax of PRC, 2008;

 GZAR “Land Administration Law”, 2001;

 Management Law of Urban Real Estate of PRC, 1994;

 Decree 15 of Guangxi Zhuang Autonomous Region People’s Government:

Implementation Methods for Regulations on Village and Town Planning

and Construction in Guangxi Zhuang Autonomous Region;

 Notification on Announcement for Average Production Value for Land

Acquired and Demolishment Compensation Standards for the

Construction Land Use of GZAR Basic Infrastructures and Important

Projects [Guifagaifagui (2009) 52];

 Implementation Methods of GZAR farmland occupation tax [Guizhengfa

(1987) No. 88 59];

 Notice of Compensation and Resettlement Method for Land Acquisition

and Resettlement of Four Lines and Four Areas Construction in

Fangchenggang City, 2009;

 Unified Standard of Annual Output Value issued by the People's

Government of Fangchenggang City, 25th January, 2010;

 ADB’s Safeguard Policy Statement, 2009;

 Handbook on Resettlement: A Guide to Good Practice, ADB Manila, 1998;

 Gender Checklist: Involuntary Resettlement, ADB Manila, February 2003;

and,

 OM Section F2 — Operations Manual: Bank Policies (BP) and Operational

Procedures (OP), ADB, Manila, 2006.

 ADB’s Safeguard Policy Statement, Bank Policy Operating Handbook OM

F1 (January 20, 2010).

6.1.1 ADB’s Involuntary Resettlement Policies

72. ADB Safeguard Policy Statement 2009 and Resettlement Operations Manual

(OM Section F1) have already specified the 3 important elements of the involuntary

resettlement: (i) compensation to replace lost assets, livelihood, and income; (ii)

assistance for relocation, including provision of relocation sites with appropriate

facilities and services; and (iii) assistance for rehabilitation to achieve at least the

same level of well-being with the Project as without it. Some or all of these elements

may be present in a project involving involuntary resettlement. For any ADB operation

requiring involuntary resettlement, resettlement planning is an integral part of project

design, to be dealt with from the earliest stages of the Project cycle, taking into

account the following basic principles:

i) Screen the project early on to identify past, present, and future involuntary

resettlement impacts and risks. Determine the scope of resettlement

planning through a survey and/or census of displaced persons, including a

gender analysis, specifically related to resettlement impacts and risks.

ii) Carry out meaningful consultations with affected persons, host communities,

and concerned nongovernment organizations. Inform all displaced persons

of their entitlements and resettlement options. Ensure their participation in

planning, implementation, and monitoring and evaluation of resettlement

programs. Pay particular attention to the needs of vulnerable groups,

especially those below the poverty line, the landless, the elderly, women and

children, and Indigenous Peoples, and those without legal title to land, and

ensure their participation in consultations. Establish a grievance redress

mechanism to receive and facilitate resolution of the affected persons’

concerns. Support the social and cultural institutions of displaced persons

and their host population. Where involuntary resettlement impacts and risks

are highly complex and sensitive, compensation and resettlement decisions

should be preceded by a social preparation phase.

iii) Improve, or at least restore, the livelihoods of all displaced persons through (i)

land-based resettlement strategies when affected livelihoods are land based

where possible or cash compensation at replacement value for land when

the loss of land does not undermine livelihoods, (ii) prompt replacement of

assets with access to assets of equal or higher value, (iii) prompt

compensation at full replacement cost for assets that cannot be restored,

and (iv) additional revenues and services through benefit sharing schemes

where possible.

iv) Provide physically and economically displaced persons with needed

assistance, including the following: (i) if there is relocation, secured tenure to

relocation land, better housing at resettlement sites with comparable access

to employment and production opportunities, integration of resettled persons

economically and socially into their host communities, and extension of

project benefits to host communities; (ii) transitional support and

development assistance, such as land development, credit facilities, training,

or employment opportunities; and (iii) civic infrastructure and community

services, as required.

v) Improve the standards of living of the displaced poor and other vulnerable

groups, including women, to at least national minimum standards. In rural

areas provide them with legal and affordable access to land and resources,

and in urban areas provide them with appropriate income sources and legal

and affordable access to adequate housing.

vi) Develop procedures in a transparent, consistent, and equitable manner if

land acquisition is through negotiated settlement to ensure that those people

who enter into negotiated settlements will maintain the same or better

income and livelihood status.

vii) Ensure that displaced persons without titles to land or any recognizable legal

rights to land are eligible for resettlement assistance and compensation for

loss of nonland assets.

viii) Prepare a resettlement plan elaborating on displaced persons’ entitlements,

the income and livelihood restoration strategy, institutional arrangements,

monitoring and reporting framework, budget, and time-bound implementation

schedule.

ix) Disclose a draft resettlement plan, including documentation of the

consultation process in a timely manner, before project appraisal, in an

accessible place and a form and language(s) understandable to affected

persons and other stakeholders. Disclose the final resettlement plan and its

updates to affected persons and other stakeholders.

x) Conceive and execute involuntary resettlement as part of a development

project or program. Include the full costs of resettlement in the presentation

of project’s costs and benefits. For a project with significant involuntary

resettlement impacts, consider implementing the involuntary resettlement

component of the project as a stand-alone operation.

xi) Pay compensation and provide other resettlement entitlements before

physical or economic displacement. Implement the resettlement plan under

close supervision throughout project implementation.

xii) Monitor and assess resettlement outcomes, their impacts on the standards of

living of displaced persons, and whether the objectives of the resettlement

plan have been achieved by taking into account the baseline conditions and

the results of resettlement monitoring. Disclose monitoring reports.

6.2 Related Laws and Regulation of the PRC

73. This Project can be implemented based on the PRC Land Administration Law

(effective as of January 1, 1999 and amended in 2004), Document 28: State Council

Decision to Deepen Reform and Strictly Enforce Land Administration issued by State

Council, October 2004 as well as the other relevant laws and regulations.

6.3.1 Document 28: State Council Decision to Deepen Reform and Strictly

Enforce Land Administration, issued by State Council, October 2004

74. Article 12: Improving land acquisition compensation practice. People’s

Governments at the county level and above shall adopt practical measures to ensure

that the farmers whose land is acquired shall not be made worse off. It should be

ensured that land compensation fees, resettlement subsidies and compensation for

ground attachments and standing crops shall be provided in accordance to applicable

laws and regulation in full and in time. If the land compensation fees and resettlement

subsidies as stipulated by law still cannot be able to maintain the original standards of

the land-losing farmers and are not adequate to cover the social insurance costs of

the landless farmers, the provincial government shall approve an increase in the

resettlement subsidies. If the sum of the land compensation fees and resettlement

subsidies has reached the legal upper limit but still cannot maintain the original living

standards of the farmers, the local government can provide additional subsidies with

the use of revenues from the sales for the use of state land. The provincial

government shall formulate and publicize the standard annual output or regional land

prices for land acquisition in the cities and counties under the provincial jurisdiction.

Land acquisition compensation shall be kept identical for identical quality of land in

same locality. The full costs of land acquisition for national key development projects

shall be included in the overall project budget.

75. Article 13: Properly resettling farmers whose land is acquired. People’s

Governments at the county level and above shall formulate concrete measures to

guarantee the long-term livelihood of the farmers whose land is taken. The farmers

shall be given stocks for land-taking projects that have stable revenues. In a

prescribed urban zone, the local government shall place the farmers who are made

landless because of land acquisition in the urban employment system, and set up a

social insurance system for them. If the acquisition of collective land takes place

outside the prescribed urban area, the local government shall set aside essential

farmland within the administrative area or assign suitable jobs. Resettlement in distant

areas should be considered for farmers who can no longer have adequate land to

continue farming. The labor and social insurance departments shall cooperate with

other relevant departments to provide guidance on the establishment of employment

training and social insurance program for land-losing farmers.

6.3.2 PRC Land Administration Law

76. The Land Administration Law of the PRC was passed at the 16th session of

the Sixth Standing Committee Meeting of the National People’s Congress on June 25,

1986. It was subsequently amended at the Fourth Session of the Ninth Standing

Committee Meeting of the National People’s Congress. The newly amended law was

brought into force on January 1, 1999, according to the Decision on the Amendment

to the Land Administration Law of the PRC that was adopted at the Fifth Session of

the Seventh Standing Committee Meeting of the National People’s Congress.

77. ARTICLE 47: Land acquired shall be compensated for on the basis of its

original purpose of use.

78. Compensation for acquired cultivated land shall include compensation for

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

Compensation for acquisition of cultivated land shall be six (6) to ten (10) 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 for the unit of the land is acquired.

The standard resettlement subsidies to be divided among members of the agricultural

population needing resettlement shall be four (4) to six (6) 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.

79. Standards of land compensation and resettlement subsidies for acquisition of

other types of land shall be prescribed by provinces, autonomous regions and

municipalities directly under the Central Government with reference to the standards

of compensation and resettlement subsidies for acquisition of cultivated land.

80. Standards for compensation of attachments and young crops on the acquired

land shall be prescribed by provinces, autonomous regions and municipalities directly

under the Central Government.

81. For acquisition of vegetable plots in city suburbs, the land users shall pay

towards a development and construction fund for new vegetable plots in accordance

with the relevant regulations of the State.

82. If land ccompensation and resettlement subsidies paid in accordance with the

provisions of the second paragraph of this Article are still insufficient to help the

farmers needing resettlement to maintain their original living standards, the

resettlement subsidies may be increased upon approval by people's governments of

provinces, autonomous regions and municipalities directly under the Central

Government. However, the total land compensation and resettlement subsidies shall

not exceed 30 times the AAOV of the acquired land for the three years preceding such

acquisition.

6.3.3 Implementation Method of Guangxi Zhuang Autonomous Region for

Land Administration Law

83. Article 7: The ownership of the state-owned and rural collective-owned land

shall be determined by the Land Administration Law, the implementation regulation of

the Land Administration Law and other laws and statutes.

84. Article 8: The rural collective-owned land is legally owned by the farmer's

collectives and managed and administrated by the village collective economic bodies.

If the village collective economic body is not complete, the villager committee shall

manage and administrate the land. If the land in a village is owned by more than two

rural collective economic bodies, each of the bodies or village group shall manage

and administrate the land. If the land is owned by town or township, the rural collective

economic bodies of the town or township shall manage and administrate the land. If

the rural collective economic body of the town or township is not complete, the town or

township government shall manage and administrate the land.

85. Article 21: Preparation of the yearly schedule of land use shall follow the

following principle.

(I) strictly follow the overall land use plan and dominate the gross land size used

for construction and protect the cultivated land.

(II) Guide the land demand by land supply, and rationally and effectively utilize

the land.

(Ill) Preference of use of land shall be given to the key capital construction

projects, and the projects supported by the state industrial policies of the

region and state.

(IV) Protect and improve the ecological environment and the sustainable use of

the land resources.

86. Article 26: The followings shall abide by in reclaiming new cultivated land in

same size and quality of the cultivated land requisitioned for non-agricultural

construction. (I) Within the land boundary for urban construction defined in the overall

land use plan, the local city, county government shall be responsible for organizing

reclamation for implementation of the planned urban construction; (II) Within the land

boundary for construction of village or town facilities defined in the overall land use

plan, the town or township government shall be responsible for organizing the rural

collective economic bodies or the land occupying organization to reclamation for

implementation of the planned construction of village or town facilities; and (IlI) For the

cultivated land occupation for construction of power generating, transportation, water

conservancy, mining and military facilities beyond the land boundary for urban and

rural construction defined in the overall land use plan, the land occupation

organization shall be responsible for reclamation of new cultivated land.

87. Article 27: For the cultivated land occupied for non-agricultural construction,

the organization or individual shall pay the reclamation fee if he has no means for

reclamation.

88. Article 34: The land use organization and individual shall restore the

destroyed land due to excavation, collapse and occupation during production and

construction according to the State's and Regional stipulations concerning

reclamation of land, and in 30 days of completing such reclamation, applies to the

land administrative department of local municipality, county (city) government for

inspection and acceptance. In case the land use organization or individual who has

not means to conduct reclamation or whose such reclamation is not in compliance to

the requirement in acceptance, he shall pay to the land administrative department of

local municipality, county (city) government the land reclamation fee at a rate of CNY

20-80 per square meter. The said land administrative department shall organize the

land reclamation.

89. Article 45: Each rural villager's household shall have only one piece of house

plot. Construction of villager's residence shall be in compliance to the overall land use

plan of the town/township, and shall be in combination of the reconstruction of the old

village and take full advantages of the old house plot, idle land and waste land on hills

within the village. Occupation of farmland shall be strictly limited. The area of

approved new house plots shall observe the following criteria: (1) size of house plot in

plain and suburban areas shall not exceed 100 square meters for each household;

and (2) size of house plot in uplands and hilly areas shall not exceed 150 square

meters for each household.

6.4 Gaps between ADB and Chinese Policies

90. In comparing the gaps between ADB and PRC policies, Table 6-1 presents

that the distinctive differences in the aspects of legal rights or property certificates,

and information disclosure and consultation which are lacking in content or in time

delays.

Table 6-1: Gaps between ADB and PRC Policies

PRC Laws and Regulation

ADB SPS 2009

Gaps, if any

Gap Filling Strategy

The People’s Governments at the

county level and above should

ensure that land compensation

fees, resettlement subsidies and

compensation

for ground

attachments and standing crops

shall be provided in accordance to

applicable laws and regulation in

full and in time. If the land

compensation fees and

resettlement subsidies as

stipulated by law still cannot be

able to maintain the original

standards of the land-losing

farmers and are not adequate to

cover the social insurance costs

of the landless farmers, the

provincial government shall

approve an increase in the

resettlement subsidies. If the sum

of the land compensation fees

and resettlement

subsidies has

reached the legal upper limit but

still cannot maintain the original

living standards of the farmers,

the local government can provide

additional subsidies with the use

of revenues from the sales for the

use of state land.

Improve, or at least restore, the

livelihoods of all displaced

persons through (i) land-based

resettlement

value for land when the loss of

land does not undermine

livel

ihoods, (ii) prompt

replacement of assets with

access to assets of equal or higher

value, (iii) prompt compensation at

full replacement cost for assets

that

cannot be restored, and (iv)

additional revenues and services

through benefit sharing schemes

where possible.

There are no gaps, however the

standards and regulations for the

PRC laws and regulation related

to resettlement compensation is

top-

down decision making

process, while ADB emphasizes

compensation should be based on

public consultation which is

community-based (bottom-up)

decision making process.

The local Government and IA

have complied with ADB’

s SPS

policy to draw the participation of

the APs and relevant stakeholders

in the Project design and the RP

preparation phase, including the

determi

nation and negotiation of

compensation standards as well

as formation of income and

livelihood rehabilitation program.

The local Government and IA will

comply with the transparent,

consistent and equitable

procedures during the LAR

implementation phase.

PRC Laws and Regulation

ADB SPS 2009

Gaps, if any

Gap Filling Strategy

PRC laws and regulations clearly

stipulate that t

here is no

compensation for demolishing

illegal building and temporary

buildings that exceed the

approved period, which means

beyond the

expiry date

certification.

ADB's SPS policy requires to

ensure that displaced persons

without titles to land or any

recognizable legal rights to land

are eligible for resettlement

assistance and compensation for

loss of nonland assets. In rural

areas provide them with legal and

affordable access to land and

resources, and in urban areas

provide them with appropriate

income sources and legal and

affordable access to adequate

housing.

According to the existing Chinese

laws and regulations, no

compensation wi

ll be paid to the

expropriation of violated, illegal

buildings and the land without

property certificate. However,

according to ADB’

s SPS policy,

these APs are eligible for

resettlement assistance and

compensation for loss of nonland

assets and rehabilitation

measures.

For the Project, the local

Government and IA will protect

and compensate all affected

people regardless of whether they

have property certificates,

housing tenure, land use rights or

lease rights in according to ADB’s

policy. However, any recognized

illegally land developed or

temporary buildings constructed

after the cut-off date cannot be

compensated.

No provision of laws and

regulation

s for the vulnerable

groups.

ADB policy

requires paying

particular attention to the needs of

vulnerable gr

oups, especially

those below the poverty line, the

landless, the elderly, women and

children, and Indigenous Peoples,

and those without legal title to

land, and ensuring their

participation in consultations.

Chinese laws and regulations

require giving all APs the same

treatment without special

consideration to vulnerable

groups. ADB’

s SPS policy

requires

particular attention

should be paid

to the needs of

vulnerable groups

, including

women.

The issues of vulnerable groups

and gender equity have been

incorporated in the LAR planning

by the local Government and IA. It

will be continuously integrated in

LAR implementation through the

provision of a preferential policy to

vulnerable groups in such things

as compensation, MLG,

employment

, training without

charge,

provision of social

safeguard program, provision of

micro-

credit by the local credit

union or local banks with

assistance of the local

Government, and assistance in

selection and allocation of new

PRC Laws and Regulation

ADB SPS 2009

Gaps, if any

Gap Filling Strategy

house and relocation.

Consultation service is provided in

the Land Administration Law of

PRC.

According to the requirement of

ADB for the RP preparation, the

APs should be fully informed and

closely consulted through

meaningful consultations with

affected persons, host

communities, and concerned

nongovernment organizations;

informing all displaced persons of

their entitlements and

resettlement options

; and

ensuring

their participation in

planning, implementation, and

monitoring and evaluation of

resettlement programs.

In the Land Administration Law of

PRC, it provides the consultation

service, but no concrete and

specific clauses and procedures

are provided

. During actual

practice, usually there is no

consultation and no information

disclosure until the approval of RP

due to the facts that formal land

acquisition

and location are not

finalized during the RP

preparation stage and the land

user is unwilling to inform the APs.

However, according to ADB’s SPS

policy, it requires that

the APs

should be fully informed and

closely consulted through

meaningful consultatio

ns with

affected persons, host

communities, and concerned

nongovernment organizations;

informing all displaced persons of

their entitlements and

resettlement options

; and

ensuring

their participation in

planning, implementation, and

monitoring and evaluati

on of

resettlement programs.

To meet the requirements of

public consultation and

transparency,

the local

Government and IA have

complied with ADB’s

policy to

conduct extensive consultations

with the APs and various

stakeholders, and inform them the

impact

s, compensation,

entitlements and resettlement

schemes, grievance procedures

and so on during the LAR

planning phase. The local

Government and IA will

continuously ensure the

participation of the APs in the LAR

implementation phase.

6.5 Compensation Criteria and Principles

6.5.1 Entitlement

91. The Project affected persons (APs) are those who are physically displaced

(relocation, loss of residential land, or loss of shelter) and/or economically displaced

(loss of land, assets, access to assets, income sources, or means of livelihoods) as a

result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or

on access to legally designated parks and protected area. All landowners and users

and occupants of structures in the Project areas affected by land acquisition and

relocation as a consequence of the Project will be eligible for fair compensation and

rehabilitation according to the types of losses and quantities who are there before the

the cut-off date determined by Fangchenggang Municipal Government. The cut-off

date for the compensation will be announced to all APs immediately afterward, within

the completion date of the construction map and investigation; any newly cultivated

land, or planting of crops or trees, or structures built after the cut-off date determined

by the local government will not be compensated.

6.5.2 Compensation Principles

92. The principles of the compensation and entitlements established for the

Project are to: Improve, or at least restore, the livelihoods of all affected

persons/displaced persons through (i) land-based resettlement strategies when

affected livelihoods are land based where possible or cash compensation at

replacement value for land when the loss of land does not undermine livelihoods, (ii)

prompt replacement of assets with access to assets of equal or higher value, (iii)

prompt compensation at full replacement cost for assets that cannot be restored, and

(iv) additional revenues and services through benefit sharing schemes where possible;

Develop procedures in a transparent, consistent, and equitable manner if land

acquisition is through negotiated settlement to ensure that those people who enter

into negotiated settlements will maintain the same or better income and livelihood

status.

6.5.3 Compensation Rate

6.5.3.1 Permanent Land Acquisition

93. According to Unified Standard of Annual Output Value issued by the people's

Government of Fangchenggang, it has been carried out since 25th January, 2010. The

compensation standards will be made by different township of Fangchenggang City

specified in the above mentioned document, with 16 times of multiplier for land

compensation, resettlement subsidy and standing crops. The compensation rate for

collective land (calculated based on 16 times of multiplier) is equivalent to the

replacement value and also acceptable to the affected households. The rates by

different townships are the same to be applied to all types of land loss and will be fully

paid to the affected villagers with the same rates (see Table 6-2). As only one

township will be affected by the Project, thus, only one rate will apply to the different

types of land loss for the Project and the same rate will also apply to all APs who lose

different proportion of their land. As the APs do not want to engage in agricultural

farming any more, thus, they are willing to give their land for the Project construction

and get cash compensation to be used for the development of tertiary industry.

Table 6-2: Compensation Rate of Collective Land Unit: CNY / mu

Township

Standard of

Annual Output

Value by Region

(CNY/mu)

Multiplier by

Region (times)

Compensation

Rate by Region

(CNY/mu)

Maoling Township

1,108

17,728

94. Based on Notice of Compensation and Resettlement Method for Land

Acquisition and Resettlement issued by the People's Government Office of

Fangchenggang City, supplementary allowance of CNY 2,000 will be paid to affected

people who sign agreement of land acquisition timely.

6.5.3.2 Temporary Land Occupation

95. The compensation for the standing crops loss of temporary land occupation

of the Project based on the calculation of the average annual output value of last three

years’ AAOV, which will be paid to the APs is presented in Table 6-3. As the pipeline

construction will be carried out section by section, thus temporary land occupation will

be taken from one month to three months. The compensation rates to be paid to the

farmers cover one year crop loss, which is sufficient to the APs. The land recoverty

cost is excluded in the RP, but included in the engineering cost of the Project.

Table 6-3: Temporary Land Occupation Compensation Standard

Land Type

Unit

Compensation Standard (CNY)

Paddy land

746.00

Vegetable field

3,173.00

Dryland

700.00

Fish Pond

4,481.00

Waste land

0.00

Wood land

1,242.00

6.5.3.3 Demolishment of Residential Structures

96. According to the compensation standards in the “Notice of Compensation and

Resettlement Method for Land Acquisition and Resettlement of Four Lines and Four

Areas Construction in Fangchenggang City, 2009”, for the lost residential house

structures and auxiliaries, the compensation rates are presented in Table 6-4. All the

compensation rates for the structures and auxiliaries will be based on replacement

value and will be determined based on the Evaluation Center’s response based on

the evaluation by the qualified real estate evaluation company. The compensation for

residential houses will be paid to the APs. Relocation allowance will be provided to the

APs at the rate of CNY 8/m2, and each AP will be provided with temporary transit

allowance at the rate of CNY 4,000/capita. As the APs will not move until their new

houses are built, and the relocation will only take about 2 or 3 days, the relocation

allowance should be sufficient.

Table 6-4: Compensation Rates of Residential House Demolition

Unit

Compensation Standard (CNY)

Private Residential Structure

Brick-concrete

600

Brick-wood

500

Simple

240

Relocation Allowance

Relocation subsidies

Temporary transit allowance

person

4,000

6.5.3.4 Ground Attachments

97. All affected ground attachments will be compensated at replacement rate to

reflect the current value. The compensation standard for demolished structures and

other facilities will comply with the 【2009】No. 52 document of Guangxi Reform and

Development Committee. Table 6-5 provides the compensation standards of the

ground attachments.

Table 6-5: Compensation Standards of Ground Attachments

Item Unit

Compensation

(CNY)

Auxiliaries

Toilet

No.

150.00

Fruit Tree

18,080.00

Chicken house

100.00

Pig pen

100.00

Methane gas pond

20,000.00

Well

No.

2,200

Infrastructures & Special Facilities

Electric pole

No.

2,500.00

Rural road

20.00

Satellite antenna

No.

1,000.00

Broadcasting Line

30.00

Note: The fruit trees include lychee, plum and citrus. The compensation rates are higher than

the rates regulated in the “Notice of Compensation and Resettlement Method for Land

Acquisition and Resettlement of Four Lines and Four Areas Construction in

Fangchenggang City, 2009”. For example, according to the Notice, the maximum

compensation rate for lychee is CNY 500/each, the density of lychee planation is 33/mu,

based on it, the compensation for lychee would be CNY 16,500/mu; the maximum

compensation rate for plum and citrus is CNY 100/each, the density of plum is 30/mu and

citrus is 25/mu, based on it, the compensation for plum is CNY 3,000/mu and citrus is

CNY 2,500/mu. Thus, the APs will benefit from the higher rates proposed in the RP.

6.5.3.5 Special Policy for Vulnerable Group

98. During the project plan stage, there is no vulnerable group identified in the

Project affected area. During the implementation period, if any vulnerable people are

identified, the needs and interests of vulnerable groups, special attention will be given

to them, particularly the potential difficulties faced by vulnerable people in affected

areas. The PMO and IA will supervise implementation to ensure these vulnerable

persons receive adequate compensation, reconstruction house land allocation, social

security plan, special fund and MLG. Assistances on training with free charge,

employment, and micro-credit will be provided to them by the FMG, PMO and IA to

restore their living conditions and incomes. During resettlement phase, the

women-headed households and disabled and elderly people will be given priority to

choose the reconstruction land or reconstruction house land.

VII. ENTITLEMENT MATRIX

99. From the results of inventory surveys, the major impacts of LAR have been

identified based on the nature of losses, and an Entitlement Matrix has been prepared

as a guide to compensation payments. The cut-off date will be determined by FMG in

collaboration with relevant organizations involved, including PMO, IA, FLRB, FHDAO,

and district government. Illegal land-use, construction of temporary structures will not

be compensated after the notification of cut-off date. FMG, IA, FLRB and FHDAO

could take photos/video of the places on the cut-off date to prevent further influx

beyond the cut-off date. FMG will publicize the cut-off date on newspaper of

“Fangchenggang Daily” and village bulletin board once the date is decided. The

cut-off date will usually be upon the completion of DMS. The compensation will be

made in the form of “cash” for land loss, and “cash plus reconstruction house land” for

structure compensation. The relocated households will get relocation allowance and

temporary transit allowance. The compensation will be in cash. Table 7-1 presents

the entitlement matrix. As no farmland will be re-allocated, the compensation for the

collective land loss will be paid to the affected households directly.

Table 7-1: Entitlement Matrix

Type of

Losses

Level of Impact Entitled Persons

Compensation Policy &

Standards

Agency Responsible

Permanent

land

acquisition

30 rural

households

and 200

rural

populations)

Collective-Owned

land:

100 mu

collective-owned

land will be acquired

permanently for the

Project, including 30

mu paddy

land, 65

mu wood land, and 5

mu waste land);

“Cash” will be provided to all APs

affected by permanent land

acquisition.

ompensation for the rural

collective land acquisition will be

paid to the affected households

directly.

Compensation rates to the APs:

16 times multiplier of AAOV at

CNY 17,728

/mu; The

compensation rates include the

land compensation,

resettlement subsidy and

standing crop compensation at

market replacement value and

all of them will be paid to the

individuals.

All compensation rates

to be

paid are at replacement value

and no legal cost should be

borne by the APs. The

compensation rates for different

land loss will be the same. The

APs will get the same rate for

different types of land loss as

they are in the same township

in accordance with the newly

implemented “

Unified Standard

of Annual Outp

ut Value issued

by the People’s Government of

Fangchenggang”.

The following livelihood

rehabilitation measures

will be

provided to the

land loss

farmers: i) various employment

PMO, FCFDUCICL,FDG,

Maoling District Government,

FLRB, VC and RO

Type of

Losses

Level of Impact Entitled Persons

Compensation Policy &

Standards

Agency Responsible

and income generation

opportunities during the Project

construction and operation

phases; ii

) development of

self-

employed tertiary

businesses; iii

) provision of

technical training to the APs,

and iv

) provision of social

insurance to the APs.

No vulnerable people have

been identified

in the Project

affected area. However, if there

s vulnerable people identified

during the DMS or project

implementation, t

he following

provisions will be provided to

them

to rehabilitate their

income: i)

MLG fund at CNY

200/month; ii)

training without

charge will be provided to them

to increase the knowledge and

skills of the vulnerable groups;

iii

) provision social safeguard

program; iv

) provision of

employment opportunities

generated by the Project and

provision of employment

information to the vulnerable

groups; and v) provision of

Type of

Losses

Level of Impact Entitled Persons

Compensation Policy &

Standards

Agency Responsible

micro-credit to them by the local

rural credit union or local banks.

The IA and the local

government will assist the APs

to get access to micro-credit

from local banks.

Temporary

Land

Occupation

(146 AHs or

627 APs)

A total of 150 mu

and

rural collective

land will be occupied

(30 mu paddy land,

5 mu vegetable

land, 15 mu dryland,

mu fish pond, 90

mu wood

land and

7.5 mu waste land).

Cash compensation will be paid to

the affected people directly by for

standing crop compensation.

Land recovery fees shall be paid by

contractors, and it will be included in

the engineering construction costs.

Compensation standards to the

farmers for the loss of standing

crops: CNY 746 / mu for paddy

land;

CNY 3,173 / mu for

vegetable field;

CNY 700 / mu

for dryland; CNY 4,481 / mu for

fish pond; CNY 1,242 / mu for

woodland.

After temporary land use, the

land will be restored by the APs

to original condition and keep

the same quality.

The land

recovery cost is included in the

engineering cost of the Project.

PMO, FCFDUCICL, FLRB, and

Residential

structures

and

auxiliaries (5

households

or 28 rural

populations).

A total of 685 m2

residential

structures will be

demolished,

including 542 m2

brick-concrete, 92

m2 brick-

wood, and

51 m2 simple

structure.

All affected APs will be provided with

“cash plus reconstruction house

land”

to relocate and build new

houses within the same village.

The cut-

off date will be determined

by FMG in collaboration with

relevant organizations involved,

including PMO, IA, FLRB, FHDAO,

Compensation for the affected

structures at full replacement

costs of materials and labors

with no deduction for

depreciation or salvageable

materials.

The

current house plot of the

APs is 685 m

, with average at

PMO, FCFDUCICL, RO, FDG,

FLRB, FHDAO, Fangcheng

District Government, Maoling

Township, VC, and RO.

Type of

Losses

Level of Impact Entitled Persons

Compensation Policy &

Standards

Agency Responsible

and district government. Illegal

land-

use, construction of temporary

structures will not be compensated

after the notification of cut-

off date.

FMG, IA, FLRB and FHDAO could

take photos/video of the places on

the cut-off date to

prevent further

influx beyond the cut-off date. FMG

will publicize the cut-

off date on

newspaper of “Fangchenggang

Dairy” and community / village

bulletin board once the date is

decided.

Relocation allowance and temporary

transit allowance in ca

sh will be

provided to the APs

24.5 m2 / capita. The

Fangcheng District Government

in association with the Maoling

Township Government and

affected village will be

responsible for providing house

plot.

The standard for the

allocation of the reconstruction

house land

in accordance with

the Notice o

f Compensation

and Resettlement Method for

Land Acquisition and

Resettlement of Four Lines and

Four Areas Construction in

Fangchenggang City, 2009 is

25 m2 / capita.

For those

households with 3 persons or

less than 3 persons, allocation

of 80 m2 house plot

could be

provided with approval, but the

APs need

to pay for the area

exceeding 25 m2/capita as the

land development cost at CNY

1,500/m2. For those households

whose house plot allocation is

less than 25 m2/capita, the area

which is not requested will be

compensated at CNY 1,500/m2.

The APs agree with the

standards.

Type of

Losses

Level of Impact Entitled Persons

Compensation Policy &

Standards

Agency Responsible

The compensation standards

for structures are: CNY 600/m2

for brick-concrete, CNY 500/m2

for brick-wood, CNY 240/m2 for

simple structure.

Relocation allowance will be

paid to the AHs in cash at CNY

8/m2

and CNY 4,000/capita for

temporary transit allowance.

The

Maoling Industrial Park

Administration Committee in

association with the VC will

responsible for the site leveling

and infrastructures, but the cost

is included in the annual budget

of FMG and excluded in the RP.

The IA and local government

will assist the APs on the

selection and allocation of

reconstruction house land, new

house

construction and

relocation.

No vulnerable people have

been identified

in the Project

affected area. However, if there

is vulnerable people identified

during the DMS or project

Type of

Losses

Level of Impact Entitled Persons

Compensation Policy &

Standards

Agency Responsible

implementation, the following

provisions will be provided to

them: i)

For the elderly or

disabled, priority should be

provided to them during the

selection of the location of

reconstruction house land; and

ii)

Provide labor and

transportation assistance to the

vulnerable groups without

charge.

Ground

Attachments 5 toilets, 8

mu fruit

tree, 10 m2 chicken

house, 35 m2 pig

pen, 15 m2 methane

gas pond, 5 wells, 5

electric poles, 2.5

km rural

road, 5

households’ satellite

antenna, 1,000 m

broadcasting line.

All Affected people or owners will

get equivalent amount of cash

compensation

Cash compensation will be paid

to all affected people or owners:

CNY 150/each

for toilet, CNY

18.080/mu for fruit tree, CNY

100/m2 for

chicken house and

pig hen, CNY 20,000/m2 for

methane gas pond

, CNY

2,200/m2

for well, CNY

2,500/each for electric pole,

CNY 20/m2 for rural road, CNY

1,000/household for satellite

antenna, and

CNY 30/m for

broadcasting line

PMO, FCFDUCICL

, RO,

Fangcheng District Government,

Maoling Township Government,

and VC

VIII RESETTLEMENT AND REHABILITATON PLAN

8.1 Objectives and Principles of Resettlement Program

100. The overall objectives of the resettlement program are for the affected people

to be offered with livelihood opportunities, for the labor force to be resettled properly,

and for the living and production conditions of the APs to be improved or at least not

worse-off than before the Project. The basic principles of the resettlement and

rehabilitation plan are as follows: i) Compensation should be paid in “cash” for the

land loss families, and “cash plus reconstruction house land” for relocated families; ii)

Development resettlement is promoted. The livelihood rehabilitation plan will be

based on the provision of: a) various employment and income generation

opportunities during the Project construction and operation phases; b) development of

self-employed tertiary businesses (i.e. clothing, grocery, transportation, cargo,

community service, repair, hairdressing salon, beauty salon, dry-cleaning house,

entertainment, catering and hotel services, and tourism); c) provision of technical

training to the APs to increase their skills to be employed in other institutions and

enterprises, and d) provision of social insurance to the APs; iii) Implement the

resettlement program properly, comply with related compensation policies, and

ensure that the production and living conditions of the affected people are increased

or at least restored; iv) The resettlement plan should be prepared and implemented in

accordance with state’s land rehabilitation policy, national economic and social

development plans. The needs and interests of state, collectives and individuals

should be fully and equally taken into consideration; v) The APs should be consulted

for the development of the resettlement plan and for the compensation rates; and vi)

Women’s rights and interests should be fully taken into consideration of the Project.

8.2 Compensation and Rehabilitation Resettlement Plan

8.2.1 Resettlement Options and Plan

101. The Project will relocate 5 households and 28 persons. A total of 685 m2

structures will be demolished. To maintain the social network of the APs, to keep their

original living and work continuity, the compensation will be provided based on the

FMG policies and regulations: “cash plus reconstruction house land”, and auxiliaries

at replacement value in cash. The APs will be resettled backward within the same

village.

102. Table 8-1 and Table 8-2 provide the summary resettlement choices preferred

by the affected households. According to the latest field survey, of the total 5

households, 100% households would like to choose “cash plus reconstruction house

land” compensation. Most of the affected households (100% or 5 households) would

choose the area adjacent to their original residence area within the same village in

order to keep the original life style and production and maintain their original social

relations.

Table 8-1: Resettlement Choices of the Affected Households

Resettlement Choices of the Affected Persons (No.)

Total AHs

Reconstruction

House Land +

Cash

Cash Compensation

Purchase of

Commercial House

Purchase of

Economy House

Total

100.00%

0.00%

Table 8-2: Resettlement Sites Selected by the Affected Households

Resettlement Choices of the Affected Persons

(No.)

Total

Households

Close to Original

Place

Other

Sites

Private

Structure

Sha’ao Village 5 5 0

Total

100%

103. In order to fully take into account the wishes of the affected persons in

combination with Fangchenggang City Urban Master Plan layout, FMG has

preliminarily planned the reconstruction house land within the original village. The

Maoling Industrial Park Administration Committee in association with the VC will be

responsible for “Three Access and One Leveling”, namely water, electricity and road

access and land leveling. The cost will be covered by the infrastructure construction

budget of Maoling Industrial Park Adminsitration Committee. The demolishment of

residential structures will be compensated in replacement value, thus, it is sufficient

for the APs to use the compensation payment to build their new houses. The IA and

local government will assist the APs on the selection and allocation of reconstruction

house land, new house construction and relocation.

104. During the resettlement process of the land acquisition and structure

demolishment, some incentive measures and preferential policy will be adopted by

the Project, such as for the early signing of compensation agreement within 30 days

after the publicizing demolishment. A reward will be given to the APs. As for the APs

who sign the resettlement and compensation agreement after the publicizing of

relocation and have moved out, they will be provided with CNY 5,000 per household

as award. For those relocated families who complete their house construction

according to the plan within the regulated time period, an award of CNY 5,000 per

household will be provided.

105. For safety reason, the demolition of the structures cannot be carried out by

the resettlers themselves. It should be demolished by the qualified house

demolishment agency. However, the materials such as doors and windows can be

disposed and re-used by the households themselves. The APs can sale the

salvageable materials to make some money.

106. For the demolished houses which have already had the relevant property

certificates, it is the responsibility of the demolishment agency to process the relevant

certificates from relevant municipal departments. The costs will be covered by the

demolishment agency, and the new houses will be legitimized.

107. In addition, relocation allowance of CNY 8/m2 will be provided to each

affected household, and temporary transit allowance of CNY 4,000 per person will

also be provided to the APs, totaling 6 months. For each relocated family, they will get

CNY 1,096 in total for the average loss of 137 m2 residential structures. For their

moving, it will take about only one to two days, the productive income loss is about

CNY CNY 103, (annual family income per year is CNY 18,706), plus transportation

rental cost at about CNY 100/day. Thus, the relocation allowance is sufficient. The

APs will not be moved after the new houses are built, the relocation will only take a

couple of days, and thus, the temporary transit allowance is adequate. The APs will

benefit from the temporary transit allowance provision if they could move into their

new houses timely.

8.2.2 Rehabilitation Plan for Affected Households by Land Acquisition

108. The construction of the Project will permanently acquire 100 mu

collective-owned lands, and affect 1 village 30 households or 200 persons. The

proportion of land to be acquired only account for small proportion (1.25%) of the rural

collective land, the impact of land acquisition to the rural collective is relatively small.

However, the land to be acquired for the Project accounts for 19.56% of the total

farmland area and 3.70% or CNY 692 of the family income for the APs. The impact of

the land acquisition to the affected households is relatively significant in terms of

farmland area, but less significant in terms of family income share. As the affected

area is getting industrialized and urbanized, the local people are not relying on the

land, and the farmland of the area has been affected by high salt sea water, which

severely affected the agricultural production. More and more people are engaging in

service industry, seasonable labor and in enterprises. After land acquisition, no

allocation of land will be made. All compensation for land loss will be directly paid to

the APs to be used for the tertiary industry development for the APs to fully recover

from the land losses. Compensation standards will be in accordance with relevant

laws and regulations. In addition, the local government will follow the regulation of

“Temporary Method of Social Insurance for the Farmers Whose Land Acquired in

Fangchenggang City” to solve the future livelihood of the farmers.

109. The overall objective of income rehabilitation plan is to ensure that all APs

losing their means of livelihood (in this case their land or working place) to the Project

are able to at least maintain their pre-project levels of income and living standards.

The income restoration plan applies to all 30 affected families by permanent land

acquisition and 146 affected families by temporary land occupation.

110. The household survey indicates that 41.18% of their income comes from

agricultural activity in Sha’ao Village. Due to permanent land acquisition, the

associated income loss of the APs from the farmland loss is 3.70% of their total family

income or CNY 692 per household per year, see Table 8-3 for the income loss

Analysis due to permanent land loss. Therefore, the loss caused by land acquisition is

significant.

Table 8-3: Income Loss Analysis of Permanent Land Acquisition for the AHs

Villages

Total

Farmland

before LA

(mu)

Total

Farmland

after LA

(mu)

Farm

land

Loss

(mu)

Farmland

Loss

Ratio (%)

Annual

Income

before

(CNY)

Annual

Income

Loss

(CNY)

Income

Loss

Ratio

(%)

Sha’ao

Village

153.40 123.40 30 19.56

18,706.

692 3.70%

Total

153.40 123.40 30

19.56

18,706.

692 3.70%

111. The permanent land loss will affect the livelihood of a family. Of the total 30

affected households and 200 persons to be affected by permanent land acquisition

within the Project area, 110 persons are in labor force who need income rehabilitation.

At the time to acquire the land from the farmers, the future livelihood of the farmers

should be also considered. According to the result of the surveys and consultation, the

farmers do not want to engage in agricultural activities any more, and would like FMG

provide them business support, employment opportunities and technical training

assistance.

112. The following income rehabilitation measures are recommended to be carried

out to improve their income: i) providing technical skill training and employment

opportunities to the APs, especially for the job requiring large amount of labor forces;

ii) development of service industry, such as cloth selling, grocery store, food catering

service, hairdressing salon, dry cleaning, motorcycle transportation service in urban

districts, taxi service, food catering and entertainment service, hotel service, tourism

business, and other businesses; iii) provision of social and medical insurance; iv)

providing employment opportunities generated by the construction and operation of

the Project (urban sanitation worker, enterprise employee and maintain security etc.).

The urbanizations brings new ideas, notion, better living environment and job

opportunities for the local farmers, hence they can start commercial activities.

113. The compensation for the permanent land loss and standing crops will be

paid directly to the APs at the amount of CNY 1.808 million , with average at CNY

60,270 per household (including paddy land, wood land and waste land). The APs

could use the compensation payment for other tertiary industry development. As a

result, the APs will significantly benefit from the land acquisition. According to the

survey conducted among the APs, 100% or 200 APs in labor force are willing to use

the compensation for land loss and standing crops compensation as seed money to

develop the tertiary industries. Women are more suitable for the above-mentioned

employment and income generating opportunities. Actually they account for about

47.52% of the 393 labor force, they will benefit the same from the income

rehabilitation program as men. After the affected villagers get their compensation

payment, they will be engaged in the new businesses in Fangcheng District and

Jiangshan peninsula. During the arrangement of new employment opportunities, FMG

pays great attention to the production resettlement of the affected women, especially

the establishment of business for “hairdressing salon”, “grocery store”, “food catering

service”, “laundry” “transportation”, “handicraft workshop”, “sales of tourism products”,

etc. which are very suitable for the employment of women.

114. Based on the socioeconomic survey and discussion/consultation results with

the APs, the affected 30 households who need livelihood rehabilitation will set up

“grocery store” (3 households/ 18 APs), “food catering service” (5 households/ 35

APs), “hairdressing salon” (2 households/ 13 persons), “dry cleaning” (4 households/

28 APs), “motorcycle transportation service for urban districts” (3 households/ 20 APs),

“clothing shop” (7 households/ 46 APs), and tourism products sales 6 households/ 40

persons) to rehabilitate the loss of income from agricultural farming. Since the APs will

be receiving a sum of compensation at over CNY 60,267 per household on an

average, the amount is sufficient for them to start a new business. The APs will use

the compensation payment to establish their new business which is expected to take

about two to six months. The income of the APs to be generated from the new

businesses could be stabilized two months after the opening of the businesses. They

will use CNY 20,000 to CNY 50,000 of their compensation payment to invest in their

new businesses and the remaining fund will be used for improving their living

conditions, deposit into bank for monthly interest, buying social insurance and

circulating fund or for education of their children. Table 8-4 provides the income,

compensation received and income rehabilitation measures of the affected

households. Based on the detailed measurement survey, the following information will

be updated and will be represented at the household level. Of the total affected

households by permanent land acquisition, 6 households will lose over 25% of their

farmland, their remaining farmland totals at 23.5 mu, with average remaining farmland

of 3.91 mu per household. They will get a total of CNY 406,800 compensation

payment for the farmland loss. In addition, they will also get cash compensation for

the loss of wood land and waste land at CNY 253,120. Thus, in total, they will get CNY

109,990 per household for the compensation of land loss at average. Of the

households, they have 23 persons in labor force. They will take the income

rehabilitation measures listed in Table 8-4. Table 8-5 provides the input and output for

each scheme which demonstrate that they will benefit from the rehabilitation

measures with increased income than before. Based on the detailed measurement

survey, the following information will be updated and will be represented at the

household level.

Table 8-4: Income, Compensation Received and Rehabilitation Measures of AHs

Village

Current

Annual

Income

(CNY)

Compensation

Received for

Land Loss

(CNY)

Rehabilitation Measures

Sha’ao 18,706 1,717,600.00

30 HHs: Grocery store (3 HHs), hairdressing

salon (2 HHs), food catering service (5 HHs),

laundry (4 HHs), transportation service (3

HHs), clothing shop (7 HHs), sales of tourism

products and relevant sector (6 HHs)

Total

18,706

1,717,600.00

115. Since the APs will be receiving a sum of compensation at CNY 60,270 per

household at an average from compensation for land loss. The amount is sufficient for

them to start a new business.

116. For the “grocery store””, the initial investment for each business

establishment is CNY 30,000, of which CNY 10,000 is used for annual space rental

cost and CNY 20,000 for purchase of goods. It is expected that the number of

customers will be about 50 persons per day and the average expense is CNY

16.0/day. As a result, the annual gross income is CNY 146,000. With deduction of the

total annual expenditure of water and electricity bills at CNY 6,000 (equivalent to CNY

500/month), employees’ salary at CNY 9,600 (one employee), various business taxes

and other costs at CNY 10,000 and investment at CNY 40,000, it is expected that the

annual net income is CNY 70,800 (CNY 5,900 per month equivalent). All the APs

choose the rehabilitation measures at their preference and the compensation

payment will be more than sufficient for them to invest in the scheme.

117. For the “food catering service” (regular fast food and rice noodle house)

employment option, the total initial investment is CNY 30,000, of which CNY 20,000 is

used for annual space rental cost (if shop owner, the rental cost will be the investment

cost), CNY 6,000 for purchase of equipments, and CNY 4,000 for circulating fund. The

estimated number of customers is 80 persons and the average expense of the

business is CNY 7.0 per day per customer. As a result, the total annual gross income

is CNY 102,000. With deduction of the annual total expenditure at CNY 30,000,

employees’ salary at CNY 9,600 (one employee), CNY 9,600 as water and electricity

charge (CNY 800 per month equivalent), CNY 10,000 as various business taxes and

other costs (CNY 840 per month equivalent), the annual net income will be CNY

43,000 (CNY 3,580 per month equivalent). All the APs choose the rehabilitation

measures at their preference and the compensation payment will be more than

sufficient for them to invest in the scheme.

118. For the “motorcycle transportation service” option, the total initial investment

required is CNY 12,000, of which CNY 9,000 is used for the purchase of motorcycle

and CNY 3,000 for the cost of the business charge. The estimated passengers are 30

persons every day. The transportation price is set at CNY 5.00 per person. The total

annual gross income will be CNY 54,750. With the deduction of total annual

expenditure at CNY 21,900 including CNY 3,000 as annual management charge,

CNY 18,000 as gasoline consumed, and CNY 900 as depreciation of vehicle, the

annual net income will be CNY 32,850 (CNY 2,740 per month equivalent). All the APs

choose the rehabilitation measures at their preference and the compensation

payment will be more than sufficient for them to invest in the scheme. The Shao’ao

Village is at the edge of the Maoling Industrial Park, the development of the industrial

park and increased flow of population will bring many and good opportunities to the

APs for the tertiary industry development.

119. For “hairdressing salon”, the total initial investment is CNY 30,000, including

CNY 10,000 as annual space rental cost, CNY 6,000 as purchase of equipments,

CNY 10,000 as decoration and 4,000 as circulating fund. It is estimated that 15

customers per day. The average gross profit is CNY 15 for each client. As a result, the

annual gross income is CNY 82,125. With deduction of total investment and other

expenditures at CNY 30,000, water and electricity fee at CNY 7,200 (i.e. CNY 600 per

month equivalent), employee’s salary at CNY 9,600 (one employee), and various

business taxes and other costs at CNY 8,000, the annual net income is expected at

CNY 27,325 (CNY 2,280 per month equivalent). All the APs choose the rehabilitation

measures at their preference and the compensation payment will be more than

sufficient for them to invest in the scheme. All the APs choose the rehabilitation

measures at their preference and the compensation payment will be more than

sufficient for them to invest in the scheme. The Shao’ao Village is at the edge of the

Maoling Industrial Park, the development of the industrial park and increased flow of

population will bring many and good opportunities to the APs for the tertiary industry

development.

120. For “laundry”, the total initial investment is CNY 40,000, including CNY 10,000

as annual space rental cost, CNY 30,000 as purchase of equipments. It is estimated

that 17 clients every day. The average gross profit is CNY 20. As a result, the annual

gross income is CNY 124,100. With deduction of total investment and other

expenditures at CNY 40,000, one employee’s salary at CNY 9,600, water and

electricity fee at CNY 15,000 (i.e. CNY 1,300 per month equivalent), and various

business taxes and other costs at CNY 8,000 (equivalent as CNY 660 per month), the

annual net income is expected at CNY 51,500 (CNY 4,290 per month equivalent). All

the APs choose the rehabilitation measures at their preference and the compensation

payment will be more than sufficient for them to invest in the scheme. The Shao’ao

Village is at the edge of the Maoling Industrial Park, the development of the industrial

park and increased flow of population will bring many and good opportunities to the

APs for the tertiary industry development.

121. For “retail clothing shop” (middle level) option, the total initial investment is

CNY 24,000, including CNY 16,000 as annual space rental cost, CNY 8,000 as

purchase of clothing. It is estimated that 20 clothes will be sold every day. The

average gross profit is CNY 12. As a result, the annual gross income is CNY 87,600.

With deduction of total investment and other expenditures at CNY 24,000, one

employee’s salary at CNY 9,600, and various business taxes and other costs at CNY

6,000, the annual net income is expected at CNY 48,000 (CNY 4,000 per month

equivalent). All the APs choose the rehabilitation measures at their preference and the

compensation payment will be more than sufficient for them to invest in the scheme.

The Shao’ao Village is at the edge of the Maoling Industrial Park, the development of

the park and increased flow of population will bring many and good opportunities to

the APs for the tertiary industry development.

122.

123. For those who choose to be engaged in sales of tourism products and tourism

service in the tourism development zone, their personal investment ranges from CNY

10,000 to CNY 60,000. If the APs engage in regular sales of tourism products or

tourism service, the investment is relatively less. However, due to the large floating

population in tourism areas of Fangcheng District and Jiangshan Peninsula, the

profits could be more substantial. If the APs engage in high-class tourism products

and services, the invest will be relatively large, but the revenue will also be significant,

with bigger risks of course. For the initial stage of the business, the government

should guide the APs to be conduct investment analysis to reduce risks.

124. For the above tertiary industry development as livelihood rehabilitation

measures, the APs could use the compensation of for land loss and standing crops as

initial investment. As each household could get compensation for land loss, it is

adequate for them to invest in their new businesses..

The above measures will be more meanful that the information will be presented at

the household level based on the DMS in Junuary 2011. The affected village is

located at the edge of the Maoling Industrial Park. In recent few years, the industrial

park as well as the Fangcheng District has been developed in a fast speed. With large

number of population flowed in and urbanized, the above service businesses are also

in great demand. With proper guidance and assistance by the Fangcheng District

Government and Maoling Township Government, it is expected that the APs will

successfully establish their businesses.

125. In order to restore their livelihoods and income of the APs, FMG will work with

relevant departments, owners of enterprises, Labor and Social Security Bureau, and

district government to make the necessary arrangements to ensure that those

affected people who could find the jobs listed in Table 8-6, or assist the APs to

engage in the tertiary industries as presented in Table 8-5.

Table 8-5: Engagement of the APs in Tertiary Industries

Type of Business

No. of AHs

(APs) to Be

Engaged

Initial

Investment

(CNY)

Expected Net

Income

(CNY/Year)

Grocery Store

3 (18)

30,000

70,800

Food catering service

5 (35)

30,000

52,600

Hairdressing salon

2 (13)

30,000

36,925

Laundry

4 (28)

40,000

61,100

Transportation service

3 (20)

12,000

51,800

Clothing shop

7 (46)

24,000

54,000

Sales of Tourism products

and relevant sector

6 (40) 10,000—60,000 40,000—120,000

TOTAL

30 (200)

24,900－27,700 55,200－59,600

126. For the people who will lose their land temporarily, standing corps

compensation will be paid directly to affected people in cash. As the land will be

temporarily occupied section by section for a maximum of one month to three months

period, the compensation for one year standing crops loss paid to the APs will be

sufficient. The land restoring fee which is included in the engineering cost will be paid

to the contractors to restore the land into its original condition and keep the same

quality as before. The Project IA will take the responsibility to ensure that the fund for

such measures will be taken to restore the land into its original conditions by the

contractors. The Project construction will generate 1,060 person-years short-term

employment opportunities. The APs will be given priority to be employed during the 2

years project construction period with income earnings at over CNY 1,000 per month.

Thus, the APs will benefit from income gains through the construction employment

generation in comparison with the standing crop loss ranging from CNY 700 to CNY

4,481 per person, thus we could see that the APs will gain ranging from CNY 19,520

to CNY 23,300 per person per year during the Project construction period. It is

expected that the temporary income loss can be sufficiently offset by the income

earnings from the employment generation.

8.2.3 Employment Opportunities Generated by the Project

127. With the implementation of the Fangchenggang City Maoling WWTP and

Sewerage Network Project (Phase I) will create more employment opportunities and

priority will be provided to the affected labors. Such Project will improve the urban

infrastructure construction, and could also stimulate the flow of people and goods, and

promote the local economic development. In addition, Fangchenggang has been

chosen for the mega iron and steel plant with an annual capacity of 10 million tons for

the near-term, 20 million tons for the medium-term and 30 million tons for the

long-term. The mega plant, together with the planned large-scale upstream and

downstream industries and the expansion of the port and regional cooperation will

create tremendous employment opportunities. Thus, the WWTP project construction

in the city will facilitate to attraction of outside investment, increase the flow of

population to the industrial park for employment. The employment priority will be given

to the affected labor force. Table 8-6 provides the annual job opportunities and

estimated salary of the potential job positions in next five years. The FMG will

coordinate with relevant departments, including the owners of the job positions, labor

and social security bureau and district government to arrange the APs to be employed

for these job positions. For the 456 persons in labor force to be affected, the APs will

get employment before or immediately after they lose their land. The government

will assign the quotas to the owners of the job positions to ensure that the APs

will be able to secure such jobs. In comparison with their income from agricultural

farming before land acquisition, the income of the APs from the jobs available in

Table 8-6 will be much higher than before land acquisition.

Table 8-6: Annual Job Opportunities Created by Maoling WWTP and Sewerage

Network Project (Phase I) and Urban Development

Type of Job

Average

Annual

Job

Opportun

ities (No.)

Monthly

Income

Earning

(CNY)

Annual Income

Earning (CNY) Remark

Construction

and indoor

decoration

6,000 1,500―4,000 18,000―36,000

Mainly for the house

construction and road

construction

Temporary

workers

during the

Project

construction

9,000 1,200―1,500 14,400―18,000

Job opportunities

during the Project

construction phase

include security guard

on site, porters,

construction workers,

etc.

Sales person 600 1,500―2,000 18,000―24,000

Mainly shops within

the city or along the

street, real estate

sales person, and

shopping plaza sales

persons

Transportation 400 2,500―3,000 30,000―36,000

Passenger transport

and cargo transport in

Fangchenggang City,

and taxi drivers.

Service 1,500 1,000－1,500 10,800－18,600

Food and catering

service, hotel, and

domestic house

keeping

Office staffs 550 1,000－2,000 12,000－24,000

Secretaries of

corporate and

enterprises

Other

commercial

business 4,000 1,500－3,000 18,000－36,000

Beauty and

hairdressing salon,

clothes, grocery,

maintenance, etc.

Total

22,050

8.2.4 Social Insurance

128. In addition to the above proposed income rehabilitation measures,

Fangchenggang City Government will provide social security system for rural APs in

terms of social pension insurance, medical insurance and employment insurance to

ensure the livelihood of the APs. The Guangxi Zhuang Autonomous Region

Government issued “Method on Implementing Social Security System for Rural APs

in Guangxi Zhuang Autonomous Region (Trial)” in March 2008. Based on the

document, Fangchenggang City Government has issued “Method on Implementing

Social Security System for Rural APs in Fangchenggang City”, which states clearly on

issues relating to the social pension insurance, medical insurance and employment

insurance for rural APs whose land is acquired. For the social insurance, 30%

contribution will come from the local government and 70% from rural collective and

farmers (The land loss farmers pay 20% based on the 40% of the average wage of

the urban workers in last year). All APs would like to pay for the social insurance as it

will ensure their livelihood for their whole life in future.

129. In light with the Method, the social insurance fund for rural APs will be raised

from APs, collective and local government, among which the percentage contributed

by APs and collective will be no more than 70% and the percentage contributed by

local government will be no less than 30%. The contribution of APs and collective

mainly comes from land compensation payment. The contribution of local government

comes from income generated from the state-owned land use rights transfer. Rural

APs who participate in the social insurance and perform the obligation of payment will

enjoy pension per month over the age of 60. Based on the survey, the majority of the

APs are willing to participate in social insurance program. As no formal calculation

formula and documents are available, the exact amount to be contributed by the APs

to the social insurance program, and the amount of pension to be received by the APs

will be calculated based on the specific cases of the APs by the social insurance

agencies during the RP implementation.

130. The rural APs will be covered by the local medical care insurance according

to the residence management principle. The rural APs whose registration has been

changed to unemployed urban residents will be covered by urban residents’ basic

medical care insurance. The rural APs whose registration remains the same as before

will be covered by new-type cooperative medical care system. Migrant workers who

are still registered as rural residents as well as urban employers who are registered as

urban residents will be covered by urban residents’ basic medical care insurance.

Self-employed will also be covered by urban residents’ basic medical care insurance.

Furthermore, APs who live under the urban residents’ MLG or rural poverty MLG will

be covered by local urban residents’ MLG scheme or rural poverty MLG scheme,

respectively.

8.2.5 Project Related Income Generation Opportunities

131. During the Project construction phase, APs can seek some income

generation opportunities, mainly providing services related to the Project construction,

such as renting spare houses (if available) to the construction contractors as

temporary office or to the construction workers as residence, operating grocery kiosks,

and providing food, cigarettes and breweries to the construction teams. Also during

the construction period, the PMO and IA will offer 1,060 person-years temporary

unskilled employment job opportunities to the APs, such as excavation for pipeline

and structures and soil and earth transportation.

132. During the Project operational period, the APs with suitable qualifications will

be employed and receive on-the-job training. Women and the poor will be given

priority to be employed by the Project. After the construction of the Project has been

completed, it is planned that 57 public welfare position jobs shall be provided for the

APs based on discussion with the IA: 10 landscape workers, 27 wastewater treatment

operation and maintenance, 10 safeguard and 10 cleaners. Such employment to be

generated by the Project will be provided to the APs as priority if they apply for. The

ratio of employment for men and women will be 1:2. The salary will be over CNY

1,500 per month. As a result, the APs could get access to additional income

generation opportunities and additional income. Therefore, the APs will benefit from

the resettlement of the Project.

8.2.6 Provision of Technical Training to the APs

133. In recent years, with the rapid development of Fangchenggang City’s

economy and the establishment of the Beibu-Gulf Economic Development Zone, the

improvement of urban infrastructure and sectors in good advantages have

experienced fast development in Fangchenggang City, in particular the accelerated

development of iron and steel, metallurgy, petrochemical, energy, building material,

electronic products, pharmaceuticals, ports, real estate, services and tourism

industries which will generate a lot of job opportunities. The technical workers and

social service labors will be in shortage.

134. In order to create a self-development environment and rehabilitate the living

standard of the APs in a short time, the RO and IA will cooperate with the departments

of Labor and Social Security, Finance, Education, S&T, WF to carry out the

technology skill training for the relocated APs. The training of technical and

management skills will be consistent with the district economic features, requirements

of the labor market and the enterprises to ensure that the training is practical, efficient

and targeted.

135. By taking into consideration of lack of working skills for the major labor force

of the affected households, especially women, the IA will ensure that at least 50% of

the trainees will be females. After training of occupational skills, the APs could get

jobs in the city. A total of about CNY 220 per person has been budgeted as training

cost to cover the cost of training provided to the APs. Each AP will get one-time

training for the field they choose. The female APs and ethnic minority APs will enjoy

the same training budget with the male APs at the training budget.

136. The training will be carried out twice a year, commenced from April 2011 and

last till April 2013. The training will be implemented in association with local district

government, VC, WF, and vocational education department. The training will be

provided to all APs with labor force, especially the women. For each training, at least

50% of women should be included. The training includes:

(1) Public security guard, cleaning, public aesthetic landscaping, maintenance

of public facilities, management of parking lot, and others;

(2) Horticulture, sewing and knitting, beauty and hairdressing;

(3) Maintenance and repair of motorcycle, vehicle, and electronic products;

(4) Car decoration and management of cleaning and washing accessories;

(5) Food, catering and hotel services, and domestic servant services; and,

(6) Sales of products, small business registration and operation.

8.2.7 Rehabilitation Plan of Ground Attachments

137. The compensation of ground attachments, including infrastructures and

special facilities will be based on the replacement value according to the relevant

documents of compensation standards. Compensation in cash will be paid to the

affected owners to reconstruct the ground attachments.

138. The units with property rights will be in charge of the rehabilitation and

reconstruction. The rehabilitation measures of the ground attachments should be

planned in advance. In practical operation, these measures should be suitable to local

conditions to ensure safe, efficient, timely, and accurate, and try to minimize impacts

on the local residents.

139. For the relocation of affected infrastructures and special facilities, the

relocation should be carried out according to the Project construction maps and

drawings. The relocation of the affected municipal infrastructures and special facilities

should be reduced as much as possible on the premise that the constructions do not

affect the residents.

8.3 Special Concerns during Resettlement Process

8.3.1 Gender Issue

140. According to the Chapter of “Women and Economy” documented in Women’s

Development Plan of Guangxi Zhuang Autonomous Region (2001-2010), it clearly

stated that “The rights of women for work should be protected, it should be ensured

that women enjoy the equal right with men on economic resources, the discrimination

to women should be forbidden, women and men should have equal status for

employment, and women’s labor rights should be protected”. Thus, women have

equal entitlement and rights with men for employment and training in the Project.

141. The household surveys showed that women from AP families are generally

lacking of working skill other than housework skill. They are in inferior position of

looking for job opportunities when competing with men. They usually work outside as

seasonable labors or run a small business. Women take more responsibility for the

family especially for those with female as the head of a household. The future welfare

of women to be affected is important. Therefore, special attention will be paid to

women’s special concerns, such as compensation payments, training programs, and

other assistances, to reduce any special social risks caused by the implementation of

this Project.

142. Women will be eligible, on an equal basis, for all compensation payments,

training programs and other assistances to be provided. The reconstruction house

land allocated for resettlement and compensation payment should belong to both wife

and husband of a household. In order to protect the properties of the APs, both the

names of wives and husbands should be written on the property certificates of houses.

In order to ensure this, the IA will carry out explanation and propaganda work to the

affected women and closely involve them in the resettlement process.

143. The IA, RO, WF, and VC have reached agreement that WF will involve in

guiding consultation and public participation for income rehabilitation activities in

combination with their current ongoing programs so that female APs can make

sufficient earnings for a sustainable livelihood after house demolition.

8.3.2 Assistance to Vulnerable Households

144. Although there is no vulnerable group identified during the Project planning

period, the local Civil Affair Bureau and Human Resource and Social Security Bureau

will be responsible for the vulnerable households to be included into the social

safeguard program, including households enjoying five guarantees, households living

under MLG, households with disabilities, and households with female-headed,

identified as vulnerable groups if identified during the Project implementation phase.

The local Civil Affair Bureau will provide CNY 200/month-person to these vulnerable

households. A minimum earning of CNY 670/month (minimum wage standard) is

guaranteed if the vulnerable households could find jobs generated by the Project. The

following provisions will be provided to vulnerable groups to rehabilitate their income:

1) training without charge will be provided to them to increase the knowledge and

skills of the vulnerable groups; 2) provision social safeguard program; 3) provision of

employment opportunities generated by the Project and provision of employment

information to the vulnerable groups; and 4) provision of micro-credit to them by the

local rural credit union or local banks. The IA and the local government will assist the

APs to get access to micro-credit from local banks.

145. During the relocation stage, the IA (FCFDUCICL) and local government will

provide in-kind assistance for the vulnerable groups in the following aspect:

- For the elderly or disabled, priority should be provided to them during the

selection of the location of reconstruction house land;

- Provide labor and transportation assistance to the vulnerable groups without

charge.

IX. COST ESTIMATES

9.1 Compensation and Resettlement Costs

146. The resettlement costs are included in the overall budget of the Project.

The total cost of resettlement for the Project is estimated to be CNY 5.5863

million, equivalent to US$ 821.5 thousand in 2010 prices, including 15%

contingencies (physical and price). The estimated costs include compensation

for collective land, residential structures, auxiliary, basic infrastructures and

special facilities, other costs, land-related taxes, and contingencies. The detailed

cost estimates of resettlement are presented in Table 9-1. The summary cost is

presented in Table 9-2.

Table 9-1: Detailed Cost Estimates of Resettlement

No. Item Unit

Amou

Unit Price

(CNY)

Estimate

Cost (CNY)

Permanent Land Acquisition

1,808,000.00

1.1

Collective Land

100.00

18,080.00

1,808,000.00

1.1.

Paddy land mu 30.00 18,080.00 542,400.00

1.1.

Wood land

65.00 18,080.00 1,175,200.00

1.1.

Waste land

5.00 18,080.00 90,400.00

Temporary Land

Occupation

150.00 172,381.50

2.1

Paddy land

30.00

746.00

22,380.00

2.2

Vegetable land

4.50

3,173.00

14,278.50

2.3

Dryland

15.00

700.00

10,500.00

2.4

Fish pond

3.00

4,481.00

13,443.00

2.5

Wood land

90.00

1,242.00

111,780.00

2.6

Waste land

7.50

0.00

Residential House Demolishment

500,920.00

3.1

Residential House Demolishment

383,440.00

3.1.

Brick-concrete

542 600.00 325,200.00

3.1.

Brick-wood

92 500.00 46,000.00

3.1.

Simple

51 240.00 12,240.00

3.2

Relocation Allowance

117,480.00

3.2.

Relocation allowance m

685 8.00 5,480.00

3.2.

Temporary transit allowa

nce

perso

n/yr.

28 4,000.00 112,000.00

Ground Attachment Demolishment

233,590.00

4.1

Toilets

No.

150.00

750.00

4.2

Fruit trees

18,080.00

144,640.00

4.3

Chicken house

100.00

1,000.00

4.4

Pig pen

100.00

3,500.00

4.5

Methane gas pond

No.

20,000.00

4.6

Drinking wells

No.

2,200.00

11,000.00

4.7

Electricity pole

No.

2,500.00

12,500.00

No. Item Unit

Amou

Unit Price

(CNY)

Estimate

Cost (CNY)

4.8

Rural road

260

20.00

5,200.00

4.9

Satellite dish

1,000.00

5,000.00

4.10

Broadcasting line

1,000

30.00

30,000.00

Costs of Basic LAR

2,714,891.50

Other Costs

284,161.64

5.1

RP Preparation

100,000

100,000.00

5.2

Administration costs

2.1% of LAR costs

57,012.72

5.3

M&E costs

1% of LAR costs

27,148.92

5.4

Training costs

100,000

100,000.00

Land-Related Taxes

2,179,960.76

6.1

Land Administration

Costs

2.8% of LA costs 50,624.00

6.2

Farmland

Reclamatio

n Fee

Paddy land ha 2 127,500.0

0 255,000.00

6.3

Newly Added

Construction Land Use

66,666.

28.00 1,866,666.76

6.4

LA Labor

force Fee

Farmland

1,500.00

3,000.00

6.5

Non-farmla

4.67 1,000.00 4,670.00

Contingencies

407,233.80

7.1

Physical Contingencies

10% of LAR costs

271,489.20

7.2

Price Contingencies

5% of LAR costs

135,744.60

TOTAL

5,586,247.70

Table 9-2: Summary Resettlement Costs

9.1.1 Annual Budget

147. According to the Project schedule, the Project construction will take

about 24 months to complete between April 2011 and April 2013. The annual

cash flow is estimated to be 50% or CNY 2.7932 million in 2011, 40% or CNY

2.2345 million in 2012, 10% or CNY 558.6 thousand in 2013. Table 9-3 provides

the annual budget of resettlement cost.

No.

Compensation Project

Estimate Cost (CNY)

Permanent Land Acquisition

1,808,000.00

Temporary Land Occupation

172,381.50

Demolishment of Structures

500,920.00

Demolishment of Ground Attachments

233,590.00

Other Cost

284,161.64

Land-Related Taxes

2,179,960.76

Contingencies

407,233.80

Total

5,586,247.70

Table 9-3: Annual Budget of Resettlement Cost

2011

2012

2013

Total

Total Budge

( CNY 10,000)

279.32 223.45 55.86 558.63

Proportion of

Total Budget (%)

50% 40% 10% 100%

9.2 Flow of Fund

148. Fund related to resettlement will be distributed through the following

channels (See Table 9-4):

Table 9-4: Flow of Fund

Permanent land

acquisition of

collective-owned land

→ FCFDUCICL

→

RO → VC → APs

Temporary land

occupation

→ FCFDUCICL

→

RO → VC → APs

Residential structures

demolishment

→ FCFDUCICL

→

RO → VC → APs

Auxiliaries

→

FCFDUCICL

→

APs

Relocation allowance

→

FCFDUCICL

→

APs

Basic infrastructures and

special facilities

→ FCFDUCICL

→

RO → Owners

Investigation and design

cost

→

FCFDUCICL

→

Design institute

Office administration

costs

→

FCFDUCICL

→

LAR implementation agencies

Training cost

→

FCFDUCICL

→

Training institutions

M&E

→

FCFDUCICL

→

IMA

X. LAR IMPLEMENTATION SCHEDULE

10 Principles

149. The resettlement schedule for land acquisition, structure demolition and

resettlement for the Project will be coordinated with the respective construction

schedule. Based on the time schedule of the Project, the land acquisition and

resettlement schedule have been developed, reflecting the linkage and

consistency between the time schedule of resettlement/land acquisition and civil

works construction tasks.

150. In order to ensure that all aspects of the RP can be achieved, land

acquisition will start at least one month before construction. The affected persons

can move to new resettlement houses at least one month before old structures

are demolished. Before the land acquisition and resettlement, a final

measurement survey will be conducted in the affected village, and the contracts

with each affected household will be negotiated and signed. The disbursement of

compensation should be sufficiently paid. Also, arrangements for land acquisition

and structure demolishment will be established before LAR proceeds.

10.1 LAR Implementation Schedule

151. Resettlement implementation will be scheduled in stages to coincide with

the overall Project schedule between May 2011 and May 2013. The land

acquisition will start from April 2011 to April 2013. It is planned that there will no

commencement of civil works until all compensation is paid and all livelihood

rehabilitation measures are in place. “In place” means that all arrangements are

made to commence rehabilitation and APs are registered for these. It is planned

that the land acquisition shall be completed before the start of Project

construction.

152. However, before land acquisition and structure demolishment, a final

measurement survey will be conducted in the affected village. The compensation

contracts will be negotiated and signed. Also, resettlement arrangements should

be made before LAR proceeds. Based on the detailed measurement survey

(DMS) in January 2011, the RP will be updated and submitted to ADB for review

and approval prior to commencement of land acquisition and resettlement and

award of contracts.

153. The LAR schedule has been divided into four stages:

1) Land Acquisition and Compensation Planning

- Apply for and receive “Planning Land Use Certificate”, “Construction

Land Use Certificate”, and “Structure Demolition Certificate”;

- Conduct detailed measurement surveys of the affected area and houses

to determine the specific losses eligible for payment of compensation;

- Identify poor and vulnerable APs;

- Finalize compensation/resettlement strategies in consultation with the

local governments, APs and their representatives;

- Conduct public information/consultations on RP;

- Sign contract; and,

- Finalize relocation area.

2) Land Acquisition and Resettlement Activities

- Provide compensation payment;

- Construct reconstruction house land, new house construction,

infrastructure and other facilities;

- Transfer APs to new location; and,

- Demolish residential structures and auxiliaries.

3) Income Restoration

- Provision of employment opportunities during the Project construction

and operation phases;

- Assistance in the identification of employment and business opportunities

for APs in the local enterprises and businesses;

- Targeted training;

- Promotion and development of tertiary industry; and,

- Special attention paid to the vulnerable groups.

4) Monitoring

- Hire monitoring agency;

- Approve TOR by the Bank;

- Monitor LAR;

- Monitor income restoration program;

- Monitor poverty reduction program and assistance provisions to

vulnerable groups; and,

- Conduct external evaluation of the Project.

154. The resettlement supervision milestone is presented in Table 10-1.

Based on the project schedule of civil works, the resettlement plan preparation

will be continue after the PPTA stage, and the land acquisition and resettlement

are planned to commence in April of 2011 and complete in April 2013. The RP

planning and implementation schedule with time bound activities is shown in

Figure 10-1.

Table 10-1: Resettlement Supervision Milestone

No.

Resettlement

Tasks

Target

Responsible

Agency

Deadline

Status

Disclosure

1.1

- Information

booklet

176 AHs

and 827

APs

IA (

FCFDUCICL

) and

Dec 2010

Planned

1.2

- Approved RP

1 township

and 1

village

FMG, District

Government, and RO

Dec 2010

Planned

1.3

- RP posted on

ADB website

FMG, PMO, IA and

ADB

Dec 2010

Planned

Approval of

RP and

Budget

$821.5

thousand

(Recheck)

FMG, District

Government, and RO

Dec 2010

Planned

Agreements

3.1

Compensation

rates

1 township

and 1

village

FMG, District

Government, FLRB,

FHDAO, RO, VC,

PMO, and IA

April

2011

Planned

No.

Resettlement

Tasks

Target

Responsible

Agency

Deadline

Status

3.2

- Households

827 APs

PMO, IA, FLRB,

FHDAO, RO, and VC

April 2011

–

April 2013

Planned

Detailed Plans

3.1

- Community

rehabilitation

plans

1 village

groups

PMO, IA, DI, and RO

April 11 –

April 13

Planned

3.2

- Plan for

vulnerable

group if

identified

During the

planning

stage, there

is no

vulnerable

group

identified,

but the

identificatio

n will be

continued

from the

Project

implementat

ion till the

project

completion

PMO, IA, FMG,

Fangchenggang Civil

Affairs

Bureau/Fangchengg

ang Labor & Social

Security Bureau

April 10 –

April 13

Planned

3.3

- Training

Plans for APs

All AFs

PMO, IA, RO,

training institutions

April 11 -

April 2013

Planned

Establishmen

t of

Implementatio

n Capacity

PLG, PMO, IA, RO,

FLRB, FHDAO,

Others

May 10 –

Dec 12

In process

Monitoring & Evaluation

7.1

- Baseline

survey

70 HHS or

329 APs

PMO, IA, and DI

April-May

Completed

7.2

- Set-up

internal

supervision

As per RP

PMO and IA

Jan 11 –

April 11

Planned

7.3

- Hiring

external

monitor

As per RP

PMO

Jan 2011

Planned

7.4

- Internal

monitoring

reports

Quarterly

PMO, IA, and RO

June

2011

1st Report

7.5

- External

monitoring

reports

Semi-annua

IMA

Jul 11

July 13

1st Report

2nd Report

7.6

- Resettlement

Completion

Reports

1 report

IMA

All work

will be

completed

in July 13

7.7

- Evaluation

reports

4 annual

reports

IMA

Dec 11

Dec 12

Dec 13

1st Report

2nd Report

Report

No.

Resettlement

Tasks

Target

Responsible

Agency

Deadline

Status

Dec 14

4th Report

Documentation of

Consultation

IA, RO, VC

Ongoing

Documentation of

Grievances

IA, RO, VC

Ongoing

10.

Flow of Funds / Compensation

10.1

- To IA

50%

FMG

March 11

Depending

10.2

- To affected

“ “

“

IA and RO

April 11 –

April 13

10.3 -

To affected

households

“

IA and RO April 11 –

April 13

AFs = Affected Families; FCFDUCICL = Fangchenggang City Fangcheng District Urban

Construction and Investment Co., Ltd.; FMG = Fangchenggang Municipal Government;

FHDAO = Fangchenggang House Demolishment Administration Agency; FLRB=

Fangchenggang Land Resources Bureau; DI = Design Institutes; IA = Implementation

Agency; IMA= Independent Monitoring Agency; PLG= Project Leading Group; PMO =

Project Management Office; and RO = Resettlement Office.

Figure 10-1: RP Planning and Implementation Schedule

XI. INSTITUTIONAL FRAMEWORK

11.1 Project Resettlement Organizational Set-up

155. The project leading group is established within the FMG with the PMO as the

secretariat communicating with the other agencies concerned. As previously

mentioned, FCFDUCICL is the project Implementation Agency (IA). Under the IA,

there is a resettlement office, responsible for land acquisition and resettlement. The

organizational structure is shown in Figure 11-1.

156. The IA will play a key role during the resettlement process. However, besides

the IA, there are other related institutions who will be also involved in the resettlement

activities. All these institutions and the staffing are presented in Table 11-1.

Table 11-1: Resettlement Institutions Involved and Staffing

Institutions

Staffing

Project Leading Group

2 males & 1 female with experience,

Government officers, education level

above college

Fangchenggang Project Management Office

(PMO)

2 males & 2 females with experience,

Government officer, engineering

technicians, education level above

college

Fangchenggang Land Resource Bureau

(FLRB)

2 males with experience,

Government officer, education level

above college

Fangchenggang House Demolishment

Administration Office (FHDAO)

8 males & 3 females with experience,

Government officer, education level

above college

Fangcheng District Government (FDG)

1 male & 1 female with experience,

Government officer, education level

above college

FCFDUCICL

5 males & 2 females with experience,

Engineering technicians and

management staff, education level

above college

7 males & 6 females with experience,

officers and representatives of APs,

education level bovver college

5 males & 5 females with experience,

community officials

Legal Advisory Office

1 female lawyers

2 male senior engineering

technicians

External Monitoring Agency

1 resettlement specialist

Figure 11-1: Organizational Structure of LAR Implementation

Project Leading

Group

PMO

Fangchenggang

HDAO Fangchenggang

LRB FCFDUCICL -

Fangcheng

District

Government

Legal Advisory

Office DI

IMA

Engineering Office Finance Department Administration Office

Resettlement Office

APs

11.2 Responsibilities

Table 11-2: Responsibilities of Agencies

Institutions

Responsibilities

PLG - Lead, organize, coordinate and formulate policies for the

project.

- Review the implementation of the RP.

- Conduct internal supervision and inspection.

- Make decision for major problems during land acquisition

and resettlement process.

PMO

- Perform the overall coordination and organize the project

activities.

- Coordinate the preparation and implementation of the LAR

program.

- Organize and coordinate the preparation of RP.

- Provide assistance to women and other vulnerable groups.

- Serve as a liaison among ADB, IA and various agencies

concerned.

FCFDUCICL

- IA

- Apply for Land Use Planning Certificate and Land Use

Construction Certificate to LRB.

- Apply for house demolition certificate.

Disburse land acquisition and resettlement fund and

supervise the usage.

Direct, coordinate and supervise the implementation

schedule of the RP.

Organize and implement internal supervision, determine

independent external supervision agency, coordinate

internal and external monitoring activities.

- Report the schedule of land acquisition and resettlement,

fund usage and implementation status periodically to ADB.

- Provide assistance to women and other vulnerable groups.

Coordinate the handling of the conflicts and problems

during the resettlement implementation.

- Report the land acquisition and structure demolishment to

PLG.

Resettlement

Office

- Organize the socioeconomic survey.

Conduct measurement surveys of land acquisition and

house demolishment.

- Implement the relocation.

- Formulate the resettlement implementation schedule.

Sign the land acquisition and house demolishment

agreement with the affected households in association with

local government.

- Supervise the implementation of RP.

Manage the information of land acquisition and

resettlement.

- Provide assistance to women and other vulnerable groups.

- Train the resettlement staff.

- Coordinate the hand

ling of conflicts and problems during

the RP implementation.

- Settle the disputes and grievances through coordination and

Institutions

Responsibilities

arbitration.

Handle the illegal action during the land acquisition and

relocation process.

- Report the land acquisition and house demolishment to IA.

FLRB - Implement the relevant national policies of land acquisition.

- Participate in the examination of compensation standards

for land acquisition and ground attachments.

- Process and approve land acquisition.

- Participate in measurement and socioeconomic surveys.

- Participate in the preparation of Resettlement Plans.

Issue Land Use Planning Certificate and Land Use

Construction Certificate.

- Issue Public Notice of Land Acquisition.

Guide, coordinate, and supervise the implementation

activities of land acquisition and resettlement.

Coordinate the handling of conflicts and problems during

the RP implementation.

FHDAO

- Carry out and implement the regulations and policies

related to house demolition.

- Review the relevant documents of house demolition plan

and resettlement and compensation plan, issue the house

demolition certificate.

- Register and manage house relocation file.

Coordinate, supervise and inspect the house demolition

activities and handle conflicts during demolition.

- Cooperate with the respective Resettlement Office (RO) to

train and examine the resettlement officers.

Legal Advisory

Office

- Provide legal consultancy during project implementation.

- Provide legal assistance in case there is dispute during land

acquisition, structure demolishment and resettlement.

District

Government

- Assist the measurement and socioeconomic surveys.

- Assist the preparation of resettlement plans.

- Supervise V

C to implement resettlement plan and

rehabilitation plan.

- Participate in measurement and socioeconomic surveys

and formulation of the resettlement and rehabilitation plan.

- Participate in the preparation of the RP.

Organize the public consultation; and publicize policies of

land acquisition and resettlement.

- Consult the compensation payment and distribution.

- Organize the production and income restoration activities in

resident communities and villages.

Organization the development of secondary and tertiary

industries.

Report comments and suggestions of APs to the

organizations at upper level.

- Provide assistance to women and other vulnerable groups.

Institutions

Responsibilities

- Minimize the project impacts through optimizing engineering

design.

Identify the scope of land acquisition and resettlement

impacts.

- Conduct measurement survey and socioeconomic surveys.

- Assist to prepare the Resettlement Plan.

Provide technical consulting of data collection and

processing to the respective municipal PMO and IA.

Independent

Monitoring

Agency (IMA)

- Provide technical consulting of land acquisition and

resettlement.

- Act as an IMA, provid

e periodic monitoring for the

implementation of the resettlement plan, and provide

independent evaluation report to the municipal PMO, IA,

RO, and ADB.

11.3 Institutional Capacity Strengthening

11.3.1 Assessment of Institutional Capacity

11.3.1.1 Logistics and Hardware

157. Currently there is a resettlement office under FCFDUCICL, which is

equipped with a few computers. The RO has facilitated with office facilities,

transportation vehicles and communication facilities, mainly including

air-conditioner, chairs and tables, computer, printer, telephone set, fax machine,

vehicle and some other office necessities. The expenditure of the RP will be

included in the office expenses. The relevant expenditures for hardware facilities

for the RO are budgeted at CNY 50,000.

11.3.1.2 Financing

158. During the PPTA stage, all budget spent were pre-paid by IA as well as

EA. The lack of financing resources during project preparation stage has definitely

hindered the institutional set-up and the preparation progress (including FSR and

RP preparation) irrespective of the staff’s capabilities. The RP has considered this

issue and adequate management fund for RP implementation has been budgeted

in the resettlement budget.

11.3.1.3 Staff Capabilities

159. During the PPTA stage, the Consultants found that many government

officials have rich experiences in dealing with land acquisition and resettlement

issues. However, almost nobody has resettlement experience of working in ADB

financed projects, and none of them has attended training on ADB involuntary

resettlement policies before the Project. Therefore, a systematic training on

Involuntary Resettlement will be necessary.

11.3.2 Institutional Capacity Building and Training

160. The ADB will provide support to train staff on resettlement procedures. A

part of the ADB loan for implementation will be provided for institutional capacity

building through specific training courses and on the job training with the

appointed IMA. The training includes the principals and policies of resettlement,

construction planning management, planning and design, management on LAR

implementation processes, financial management, quality control, supervision and

estimation and project management.

161. In order to promote the capability and working efficiency of resettlement

staff, training will be provided to them. Based on the real situation, the

requirements are as follows:

- Training venue will be selected outside of Fangchenggang City,

preferably those cities which have ADB projects with successful

resettlement experiences so that trainees can learn their experiences

from investigations or study tours.

- Trainees should be those who will be seconded to the Project to

undertake resettlement tasks, and those resettlement officials who

participated in the RP discussions with PPTA Resettlement Consultant

must participate.

- Training is planned between April 2011 and April, 2013.

XII. MONITORING, EVALUATION AND REPORTING

162. The PMO and IA will regularly monitor and evaluate the implementation of

land acquisition and resettlement activities in order to ensure resettlement work is

implemented successfully in accordance with the RP, and to achieve the target of

appropriate livelihood restoration for APs. The monitoring will comprise two

components: internal monitoring and external monitoring. Internal monitoring will be

mainly conducted by IA and RO and will be overseen by the project leading group and

PMO to ensure that organizations involved in implementation of land acquisition and

resettlement work comply with the principles and schedules of the Resettlement Plan

(RP).

163. The aim of internal monitoring is to encourage the concerned organizations to

carry out good performance while the external monitoring and evaluation will be

conducted by an independent agency periodically on the activities of land acquisition,

demolition and resettlement.

164. The scope of monitoring on resettlement will cover data collection, analysis,

and the reporting of progress for an internal monitoring while the external monitor will

check progress but their main role is to evaluate quality and results of resettlement.

165. Resettlement monitoring will focus on the following two aspects:

- Progress of disbursement and provision of entitlements to APs.

- Comparison of APs and VC pre and post resettlement socioeconomic

situation, particularly livelihood restoration. Background socioeconomic data

collected during the inventory and census surveys will be used in this

assessment.

12.1 Internal Monitoring

166. Internal monitoring will be undertaken by the PMO, Fangchenggang Land

Resources Bureau, Fangchenggang House Demolishment Administration Office, and

IA and RO, to assure the concerned departments to comply with the RP. Internal

monitoring and evaluation aims to ensure good performance during the resettlement

process.

167. The executive agency will take major responsibility of internal monitoring,

covering the activities of affected people, entitlement, advice, grievance, problems,

efficiency, timing, budget, etc.

- Disbursement of entitlements to AP: compensation, reconstruction house land,

employment, and necessary assistance as specified in the RP.

- Social adaptability and cohesion: impacts with a gender perspective on APs and

vulnerable groups, public participation, non-government’s role, AP’s attitudes and

opinions after resettlement, number of complaints and appeal procedures,

implementation of preferential policies and income restoration measures, and

improvements in women’s status.

- Timing of land acquisition, structure demolition, reconstruction house land,

livelihood and income restoration: disbursement of compensation, and

construction and allocation of reconstruction house land, and updating of

resettlement schedule and resettlement budget where required.

- Rehabilitation of community facilities and services: Timely rehabilitation of

community facilities and services and ensuring that mitigation measures to

minimize impacts are implemented.

- Public participation and consultation: Involvement of AP in resettlement

implementation as per the public consultation plan outlined in the RP. Review of

grievance register and responses to complaints.

- Assistance to vulnerable groups.

168. It is anticipated that internal monitoring reports will be brief documents

reporting on progress to date and identification of issues, how issues were resolved,

consultations undertaken, and revisions of the resettlement schedule and

disbursement of budget where required.

12.2 External Monitoring and Evaluation

169. Required by ADB, the PMO will appoint an independent monitoring agency

(IMA) to carry out the external monitoring and evaluation on resettlement. The

independent agency should have good reputation and successful experience and fully

understand ADB’s policy and requirements on resettlement. The PMO will sign a

contract with this agency. The terms of reference (TOR) for the independent evaluator

are listed in Appendix 2.

12.2.1 Objectives and Requirements of M&E

Objectives

170. The objectives of monitoring and evaluation are to assess if the land

acquisition and resettlement is implemented in accordance with the RP and if the

goals and principles of the RP are achieved. Specifically, monitoring and evaluation

will focus on the following aspects of the APs’ situation and the resettlement process.

 Economic situation prior to and after displacement of land or structures;

 Timely disbursement of funds;

 Environmental conditions;

 Social adaptability after resettlement;

 Rehabilitation of the vulnerable groups if identified during implementation

process;

 Measures taken to restore affected production and livelihoods of the APs

and enterprises; and,

 Living conditions and economic status of APs following resettlement in

comparison to the non-affected household in the Project area.

171. Monitoring and evaluation will include the establishment of socioeconomic

baselines of the APs prior to land acquisition or physical relocation, and the regular

monitoring of their relocation or adjustment during Project implementation, and

evaluation of their situation for a period of one or two years afterwards. Qualitative and

quantitative methods will be used to evaluate the standard of living of the APs.

Investigation will include interviews with IA, local officials, village leaders, and survey

of 20-25% of affected households. Focus group discussions can be conducted to

address issues related to women, poor, and other vulnerable groups.

Monitoring Indicators

172. The following indicators will be monitored and evaluated in accordance with

principles, entitlements and rehabilitation strategies/plans set out in the RP:

 Disbursement of entitlements to affected households: compensation, land,

structures, employment, and necessary assistances as specified in the

RP.

 Development of economic productivity: job opportunities available to APs,

number of APs employed or unemployed.

 Restoration of basic infrastructures and special facilities: all necessary

basic infrastructures and special facilities should be restored at least up to

a standard equal to the standard at the original location; the compensation

for all infrastructures and special facilities should be sufficient to

reconstruct it to the same quality.

 Level of AP’s satisfaction: level of APs’ satisfaction with various aspects of

the resettlement program; the operation of the mechanisms for grievance

redress will be reviewed and the speed and results of grievance redressal

measures will be monitored.

 Standard of living: Throughout the whole implementation process, the

trends in standards of living will be observed and the potential problems in

the way of restoration of living standards will be identified and reported.

The Consultant will carry out a comprehensive socioeconomic survey

after the completion of resettlement implementation to document the

standards of living and the conditions of the APs after resettlement. The

survey will be conducted annually for two years, or until most affected

households have fully restored their living standards and income

generation.

 Social adaptability and cohesion: impacts on children, the elderly and

other vulnerable groups, public participation, APs’ attitudes and reaction to

post resettlement situation, number of complaints and appeal procedures

and resolution, implementation of preferential policies, income restoration

measures, and improvements in women’s status.

Special Considerations

173. Special attention/provisions specified in the RP will be paid to women, the

poor and vulnerable groups during monitoring; these include:

 The status and function of women: Closely monitor any change in

women’s status, function and situations. At least 40 % of APs surveyed

will be women. The monitoring and evaluating unit will also provide

recommendations and assistance to the PMO and IA in respect of

women’s issues.

 Care and attention to vulnerable groups: Closely monitor living conditions

of the poor, elders, the disabled, and other vulnerable groups after

resettlement, to ensure that no hardship is experienced.

 Monitoring and evaluation will provide information on utilization and

adequacy of resettlement funds. The Fangchenggang Audit Bureau will

audit resettlement accounts and funds. The details of this audit will be

made available to the IMA.

12.2.2 Methodology

174. The methodology of external monitoring and evaluation are listed as follows:

- Independent agency will conduct baseline survey on the affected area and

acquire the baseline data of APs. The investigation about production and

AP’s living conditions will be made every year to measure the change.

Sample trace investigation of affected households will be adopted. Irregular

interview or site visits will be made to acquire sufficient data for evaluation.

- Conduct group discussion and consultation with various groups of people

from government, non-government, community and affected people.

- Interview with key persons such as village leaders regarding resettlement

implementation.

- Village public meetings to collect information on resettlement.

- Make direct observation regarding progress of demolition and replacement

and visit the individuals or groups.

- Informal investigation or interview by non-sampling means such as with the

affected people and staff engaged with resettlement.

12.2.3 Major Tasks

175. The IMA will monitor and evaluate the resettlement relative with the project

and consolidate their findings and assessment into a report to ADB, EA, IA and other

concerned departments. These reports can be helpful in the policy-making by

concerned department. The affected people and non-government organizations and

communities will participate in the evaluation activities.

176. External monitoring and evaluation will cover the quality assessment on

following the aspects:

- Adequacy of compensation and timelines of payment;

- Structure demolition and resettlement of APs;

- Situation of production and living environment pre and post resettlement;

bear in mind with a gender perspective;

- Livelihood restoration of APs;

- Operation and efficiency of the resettlement institutions.

12.2.4 Reporting Requirements

177. Internal monitoring reports will be submitted quarterly by project IA to the

PMO and PMO will submit it in the progress report to ADB. The external M&E reports

will be submitted directly to PMO and ADB simultaneously every six months by the

IMA. The external evaluation reports will be continued once every six months until the

completion of the resettlement, and then the annual evaluation reports will also be

prepared by the external monitor once every 12 months until Project completion.

Finally, after project completion, the PMO and IA will prepare a resettlement

completion report and submit to ADB.

APPENDIX 1: Resettlement Information Booklet

1. Introduction

178. The Fangchenggang Maoling WWTP and Sewerage Network Project (Phase

I) is composed of: i) newly built WWTP with wastewater treatment capacity of 30,000

m3/d; ii) build 3 pumping stations in the short-term plan area; iii) pave d400-DN1200

wastewater pipeline along the district road with average depth of 4 m and total length

of 24 km. The Project owner is Fangchenggang City Fangcheng District Urban

Construction and Investment Co., Ltd..

2. Impacts of Land Acquisition and Resettlement

179. The Project will mainly involve land acquisition and structure demolishment in

Sha’ao Village of Maoling Township. A total of 100 mu of rural collective land will be

acquired permanently, including 30 mu (30%) farmland. The permanent land

acquisition will affect 30 households or 200 persons. Temporary land occupation will

use 150 mu of land with 146 households or 627 APs to be affected. A total of 685 m2

of residential houses will be demolished, relocating 5 households or 28 persons.

Associated auxiliaries, basic infrastructures and special facilities will also be affected,

such as toilet, fruit tree, chicken house, pig pen, well, electric pole, rural road, satellite

antenna, broadcasting line, etc. Of the total affected populations, there are no

vulnerable group and ethnic minority in the project area. Table 1 provides the

summary of the land acquisition and resettlement impacts identified, Table 2 provides

the impacts of permanent land acquisition, Table 3 temporary land occupation, Table

4 demolishment of residential structures, Table 5 affected ground attachments, Table

6 summary of affected households and populations.

Table 1: Summary Land Acquisition and Resettlement Impacts

Administrative Jurisdiction Permanent Land Acquisition Temporary Land

Occupation

Residential

Structure

Demolishment

Total AHs&APs

LA &

Demolishment

District Townshi

p Village Total

Area

(mu)

Collective

Land

(mu)

AHs

(No.)

APs

(No.)

Total

Area

(mu)

AHs

(No.)

APs

(No.)

Total

Area

(m2)

AHs

(No.)1 APs

(No.)1

AHs

(No.)

APs

(No.)

Fangcheng

District

Maoling Sha’ao

Village 100 100 30 200 150 146 627 685

30 200

Total

100

200

150

146

627

685

200

Note: 1 AHs and APs are affected by residential house demolishment will also be affected by permanent land acquisition.

Table 2: Impacts of Permanent Land Acquisition

Project

Content

Village

Affected by

Permanent

AHs

(No.)

APs

(No.)

Total

Collective

Land Area

Permanent

LA(mu)

Land Type (mu)

Paddy

Land Wood

Land Waste

Land

WWTP

Sha’ao

Village

200

Pump

Station

0 0 4 0 4 0

Total

200

100

Table 3: Impacts of Temporary Land Occupation

Affected

Village

AHs

(No.)

APs

(No.)

Total

Collective

Land Area

Temporary

Land

Occupation

(mu)

Land Type (mu)

Paddy

Land Vegetable

Land

Dry

Lan

Wood

Land Waste

Land

Sha’ao

Village

146 627 150 30 4.5 15 3 90 7.5

Total

146

627

150

4.5

7.5

Table 4: Demolishment of Residential Structures

Affected

Village

Affected

Village

Group

ames of

APs Total

APs

House Demolishment Area (m2)

Total

Brick-

Concrete

Brick-

Wood

Simple

Sha’ao

Village

Xianwo

Song Qiyi

210

199

Xianwo

Song Qikuan

160

151

Baobei

Xiang Zhirong

100

Baobei

Xiang Zhihua

105

Baobei

Xiang

Zhicheng

6 110 101 9

Total

685

542

Table 5: Affected Ground Attachments

Item

Unit

No.

Auxiliaries

Toilet

No.

Fruit tree

Chicken house

Pig pen

Methane gas pond

Well

No.

Infrastructures and Special Facilities

Electricity poles

No.

Rural road

2.5

Satellite antenna

No.

Broadcasting line

1,000

Table 6: Summary of Affected Households and Populations (Unit: No.)

Administrative

jurisdiction Permane

nt LA

Temporar

y Land

Occupatio

Residential

House

Demolishme

Total APs

Permanent

LA & House

Demolishm

ent

City

District/

Township

Village

AHs

APs AHs APs

AHs APs AHs APs

Fangchengg

ang

Fangcheng

District/Maoli

ng Township

Sha’ao

30 200 146 627 5 28 30 200

Total

200

146

627

200

3. Appeals and Grievance Procedures

180. APs can propose any complaint related to resettlement issues and

compensation. The Project has established a transparent grievance channel in

addition to the existing grievance channels of local government. The basic grievance

procedures include the following steps.

Stage 1:

181. If any AP is aggrieved by any aspect of the land acquisition and resettlement,

he/she can state his/her grievance and appeal to the village committee or in oral or in

written form. If an oral appeal is made, the village will record it on paper and process it.

Village committee will make decision on or resolve it in two weeks. The AP will be

informed of the result via written notice.

Stage 2:

182. If the aggrieved AP is not satisfied with the decision in Stage 1, he/she can

appeal to the district government office after receiving the decision; the district

government office will reach a decision in two weeks. The AP will be informed of the

result via written notice.

Stage 3:

183. If the aggrieved AP is still not satisfied with the decision of the district

government office, he/she will appeal to the Fangchenggang Project Management

Office (FPMO) or Fangchenggang Land Resources Bureau (FLRB) or

Fangchenggang House Demolishment Administration Office (FHDAO) after receiving

the decision. The Fangchenggang City PMO or FLRB or FHDAO will reach a decision

in two weeks. The AP will be informed of the result via written notice.

Stage 4:

184. If the aggrieved AP is still unsatisfied with the decision of the FPMO or FLRB

or FHDAO, he/she will appeal to the GZAR LRB or HDAO after receiving the decision.

The GZAR LRB or HDAO will reach a decision in two weeks. The AP will be informed

of the result via written notice.

Stage 5:

185. If the AP is still dissatisfied with the decision of the GZAR LRB or HDAO,

he/she will appeal to the civil division of a people’s court according to the civil

procedural law after receiving the decision from GZAR LRB or HDAO. The AP will be

informed of the result via written notice.

186. The resettlers can appeal on any aspect related with land acquisition and

resettlement, including compensation criteria and payment, etc.

187. The resettlers can appeal on any aspect related with land acquisition and

resettlement, including compensation criteria and payment, etc.

4. Legal Framework and Policies

188. The primary objective of the land acquisition and resettlement (LAR) program

is to ensure that the APs will improve their standards of living, or at least will not be

made worse off because of the Project. The land acquisition, demolition and

resettlement of this project will be complying with the laws and regulations of PRC,

local government and ADB:

 Document 28: State Council Decision to Deepen Reform and Strictly

Enforce Land Administration in October, 2004;

 Land Administration Law of the PRC, amended in 2004;

 Implementation Regulation for Land Administration Law of PRC;

December 1998;

 Notification on Adjusting Newly Added Construction Land Use Fee

Collection issued by Ministry of Finance and Ministry of Land Resources

[Cai Zong [2002] 93];

 Temporary Regulations on Farmland Acquisition Tax of PRC, 2008;

 GZAR “Land Administration Law”, 2001;

 Decree 15 of Guangxi Zhuang Autonomous Region People’s Government:

Implementation Methods for Regulations on Village and Town Planning

and Construction in Guangxi Zhuang Autonomous Region;

 Notification on Announcement for Average Production Value for Land

Acquired and Demolishment Compensation Standards for the

Construction Land Use of GZAR Basic Infrastructures and Important

Projects [Guifagaifagui (2009) 52];

 Implementation Methods of GZAR farmland occupation tax [Guizhengfa

(1987) 88 Hao 59];

 Notice of Compensation and Resettlement Method for Land Acquisition

and Resettlement of Four Lines and Four Areas Construction in

Fangchenggang City, 2009;

 Unified Standard of Annual Output Value issued by the People's

Government of Fangchenggang City, 25th January, 2010;

 ADB’s Involuntary Resettlement Policy, 1995;

 Handbook on Resettlement: A Guide to Good Practice, ADB Manila, 1998;

 Gender Checklist: Involuntary Resettlement, ADB Manila, February 2003;

and,

 OM Section F2 — Operations Manual: Bank Policies (BP) and Operational

Procedures (OP), ADB, Manila, 2006.

 ADB’s Safeguard Policy Statement, June 2009;

 ADB’s Safeguard Policy Statement, Bank Policy Operating Handbook OM

F1 (January 20, 2010).

4.1 Eligibility and Principles of Compensation

189. The Project affected persons (APs) are those who are physically displaced

(relocation, loss of residential land, or loss of shelter) and/or economically displaced

(loss of land, assets, access to assets, income sources, or means of livelihoods) as a

result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or

on access to legally designated parks and protected area. All landowners and users

and occupants of structures in the Project areas affected by land acquisition and

relocation as a consequence of the Project will be eligible for fair compensation and

rehabilitation according to the types of losses and quantities who are there before the

cut-off date determined by Fangchenggang Municipal Government. The cut-off date

for the compensation will be announced to all APs immediately afterward, within the

completion date of the construction map and investigation; any newly cultivated land,

or planting of crops or trees, or structures built after the cut-off date determined by the

local government will not be compensated.

190. The principle of the compensation and entitlements established for the

Project are to: Improve, or at least restor, the livelihoods of all affected/ displaced

persons through (i) land-based resettlement strategies when affected livelihoods are

land based where possible or cash compensation at replacement value for land when

the loss of land does not undermine livelihoods, (ii) prompt replacement of assets with

access to assets of equal or higher value, (iii) prompt compensation at full

replacement cost for assets that cannot be restored, and (iv) additional revenues and

services through benefit sharing schemes where possible; Develop procedures in a

transparent, consistent, and equitable manner if land acquisition is through negotiated

settlement to ensure that those people who enter into negotiated settlements will

maintain the same or better income and livelihood status.

4.2 Compensation Standards and Entitlements

191. The compensation for the land loss will be paid by “cash”. The compensation

for the relocated households will be paid by “cash plus reconstruction house land”.

The relocated households will get relocation allowance and temporary transit

allowance. The cut-off date will be determined by FMG in collaboration with relevant

organizations involved, including PMO, IA, FLRB, FHDAO, and district government.

Illegal land-use, construction of temporary structures will not be compensated after

the notification of cut-off date. FMG, IA, FLRB and FHDAO could take photos/video of

the places on the cut-off date to prevent further influx beyond the cut-off date. FMG

will publicize the cut-off date on newspaper of “Fangchenggang Daily” and community

/ village bulletin board once the date is decided. The cut-off date will usually be upon

the completion of DMS. Table 8 presents the eligibility, compensation rates and

entitlements.

Table 8: Eligibility, Compensation Rates and Entitlements

Type of

Losses

Level of Impact Entitled Persons

Compensation Policy &

Standards

Agency Responsible

Permanent

land

acquisition

30 rural

households

and 200

rural

populations)

Collective-Owned

land:

100 mu

collective-owned

land will be acquired

permanen

tly for the

Project, including 30

mu paddy

land, 65

mu wood land, and 5

mu waste land);

“Cash” will be provided to all APs

affected by permanent land

acquisition.

ompensation for the rural

collective land acquisition will be

paid to the affected households

directly.

Compensation rates to the APs:

16 times multiplier of AAOV at

CNY 17,728

/mu; The

compensation rates include the

land compensation,

resettlement subsidy and

standing crop compensation at

market replacement value and

all of them will be paid

to the

individuals.

All compensation

rates to be paid are at

replacement value and no legal

cost should

be borne by the

APs. The compensation rates

for different land loss will be the

same. The APs will get the

same rate for different types of

land loss as

they are in the

same township in accordance

with the newly implemented

“

Unified Standard of Annual

Output Value issued by the

People’

s Government of

Fangchenggang”.

The following livelihood

rehabilitation measures

will be

provided to the

land loss

farmers: i) various employment

PMO, FCFDUCICL,FDG,

Maoling District Government,

FLRB, VC and RO

Type of

Losses

Level of Impact Entitled Persons

Compensation Policy &

Standards

Agency Responsible

and income generation

opportunities during the Project

construction and operation

phases; ii

) development of

self-

employed tertiary

businesses; iii

) provision of

technical training to the APs,

and iv

) provision of social

insurance to the APs.

No vulnerable people have

been identified

in the Project

affected area. However, if there

is vulnerable people identified

during the DMS or project

implementation, t

he following

provisions will be provided to

them

to rehabilitate their

income: i)

MLG fund at CNY

200/month; ii)

training without

charge will be provided to them

to increase the knowledge and

skills of the vulnerable groups;

iii

) provision social safeguard

program; iv

) provision of

employment opportunities

generated by the Project and

provision of employment

information to the vulnerable

groups; and v) provision of

Type of

Losses

Level of Impact Entitled Persons

Compensation Policy &

Standards

Agency Responsible

micro-credit to them by the local

rural credit union or local banks.

The IA and the local

government will assist the APs

to get access to micro-credit

from local banks.

Temporary

Land

Occupation

(146 AHs or

627 APs)

A total of 150 mu

and rural collective

land will be occupied

(30 mu paddy land,

5 mu vegetable

land, 15 mu dryland,

mu fish pond, 90

mu wood la

nd and

7.5 mu waste land).

Cash compensation will be paid to

the affected people directly by for

standing crop compensation.

Land recovery fees shall be paid by

contractors, and it will be included in

the engineering construction costs.

Compensation standards to the

farmers for the loss of standing

crops: CNY 746 / mu for paddy

land; CNY 3,173 / mu for

egetable field; CNY 700 / mu

for dryland; CNY 4,481 / mu for

fish pond; CNY 1,242 / mu for

woodland.

After temporary land use, the

land will be restored by the APs

to original condition and keep

the same quality.

The land

recovery cost is included in the

engineering cost of the Project.

PMO, FCFDUCICL, FLRB, and

Residential

structures

and

auxiliaries (5

households

or 28 rural

populations).

A total of 685 m2

residential

structures will be

demolished,

including 542 m2

brick-concrete, 92

m2 brick-

wood, and

51 m2 simple

structure.

All affected APs will be provided with

“cash plus reconstruction house

land”

to relocate and build new

houses within the same village.

The cut-

off date will be determined

by FMG in collaboration with

relevant organizations involved,

including PMO, IA, FLRB, FHDAO,

Compensation for the affected

structures at full replacement

costs of materials and labors

with no deduction for

deprecia

tion or salvageable

materials.

The current house plot of the

APs is 685 m

, with average at

PMO, FCFDUCICL, RO, FDG,

FLRB, FHDAO, Fangcheng

District Government, Maoling

Township, VC, and RO.

Type of

Losses

Level of Impact Entitled Persons

Compensation Policy &

Standards

Agency Responsible

and district government. Illegal

land-

use, construction of temporary

structures will not be compensated

after the notification of cut-

off date.

FMG, IA, FLRB and FHDAO could

take photos/video of the places on

the cut-off date to

prevent further

influx beyond the cut-off date. FMG

will publicize the cut-

off date on

newspaper of “Fangchenggang

Dairy” and community / village

bulletin board once the date is

decided.

Relocation allowance and temporary

transit allowance in cash will be

provided to the APs

24.5 m2 / capita. The

Fangcheng District Government

in association with the Maoling

Township Government and

affected village will be

responsible for providing house

plot.

The standard for the

allocation of the reconstruction

house land

in accordance with

the Notice of Compensation

and Resettlement Method for

Land Acquisition and

Resettlement of Four Lines and

Four Areas Construction in

Fangchenggang City, 2009 is

25 m2 / capita.

For those

households with 3 persons or

less than 3 persons, allocation

of 80 m2

house plot could be

provided with approval, but the

APs need to pay for the area

exceeding 25 m2/capita as the

land development cost at CNY

1,500/m2. For those households

whose house plot allocation is

less than 25 m2/capita, the area

which is not requested will be

compensated at CNY 1,500/m2.

The APs agree with the

standards.

100

Type of

Losses

Level of Impact Entitled Persons

Compensation Policy &

Standards

Agency Responsible

The compensation standards

for structures are: CNY 600/m2

for brick-concrete, CNY 500/m2

for brick-wood, CNY 240/m2 for

simple structure.

Relocation allowance will be

paid to the AHs in cash at CNY

8/m2

and CNY 4,000/capita for

temporary transit allowance.

The Maoling Industrial Park

Administration Committee in

association

with the VC will

responsible for the site leveling

and infrastructures, but the cost

is included in the annual budget

of FMG and excluded in the RP.

The IA and local government

will assist the APs on the

selection and allocation of

reconstruction house land, new

house const

ruction and

relocation.

No vulnerable people have

been identified

in the Project

affected area. However, if there

is vulnerable people identified

during the DMS or project

101

Type of

Losses

Level of Impact Entitled Persons

Compensation Policy &

Standards

Agency Responsible

implementation, the following

provisions will be provided to

them: i) For the elder

ly or

disabled, priority should be

provided to them during the

selection of the location of

reconstruction house land; and

ii)

Provide labor and

transportation assistance to the

vulnerable groups without

charge.

Ground

Attachments 5 toilets, 8

mu fruit

tree, 10 m2 chicken

house, 35 m2 pig

pen, 15 m2 methane

gas pond, 5 wells, 5

electric poles, 2.5

km rural road, 5

households’ satellite

antenna, 1,000 m

broadcasting line.

All Affected people or owners will

get equivalent amount of cash

compensation

Cash compensation will be paid

to all affected people or owners:

CNY 150/each

for toilet, CNY

18.080/mu for fruit tree, CNY

100/m2 for

chicken house and

pig hen, CNY 20,000/m2 for

methane gas pond

, CNY

2,200/m2

for well, CNY

2,500/each for electric pole,

CNY 20/m2 for rural road, CNY

1,000/household for satellite

antenna, and

CNY 30/m for

broadcasting line

PMO, FCFDUCICL

, RO,

Fangcheng District Government,

Maoling Township Government,

and VC

102

5. Resettlement and Rehabilitation Plan

192. The overall objectives of the resettlement program are for the affected people

to be offered with livelihood opportunities, for the labor force to be resettled properly,

and for the living and production conditions of the APs to be improved or at least not

worse-off than before the Project. The basic principles of the resettlement and

rehabilitation plan are as follows:

193. For people losing land permanently, “cash” compensation will be paid to them.

The PMO, IA, RO and local government will provide necessary assistance during LAR

implementation. The measures for economic rehabilitation include: (i) provision of

1,060 person-years of employment opportunities to the APs in labor force during the

Project construction and 57 public welfare job positions during operational phases; (ii)

Developing tertiary industry such as grocery store, clothes retail, food catering service,

transportation, taxi, goods delivery service, hairdressing salon, laundry, entertainment,

hotel, tours, etc.; (iii) provision of social insurance, with 30% contribution from the

local government and 70% contribution from rural collectives and farmers (The land

lost farmers pay 20% based on the 40% of the average wage of the urban workers in

last year); (iv) annual employment opportunities generated induced by the Project and

related urban development projects. The FMG will coordinate with relevant

departments, including the owners of the job positions, labor and social security

bureau and district government to arrange the APs to be employed for these job

positions; (v) provision of technical training to 456 APs in labor force to increase

their skills to be employed in institutions, enterprises and businesses.

194. For the people who will lose their land temporarily, crops compensation will

be paid to the affected persons in cash. Land restoration fee is included in project fee

and paid to contractors to restore the land into its original condition and keep the

same quality as before by the contractors. The Project construction will generate

1,060 person-years short-term employment opportunities. The APs will be given

priority to be employed during the project construction with income earnings at over

CNY 1,500 per month.

195. For residential houses structures to be demolished, cash plus provision of

reconstruction house plot for self-construction by the APs will be adopted for this

project. The households that have to be relocated will also receive a relocation

allowance and relocation transit allowance. Compensation for ground attachments will

be paid to the APs.

Employment Opportunities Generated by the Project

196. During the project construction phase, APs can seek some income

generation opportunities, mainly providing services related to the Project construction,

such as renting spare houses (if available) to the construction contractors as

temporary office or to the construction workers as residence, operating grocery kiosks,

and providing food, cigarettes and breweries to the construction teams. Also during

the construction period, the PMO and IA will offer 1,060 person-years temporary

employment job opportunities, such as excavation for pipeline and structures and soil

and earth transportation.

197. During the Project operational period, the APs with suitable qualifications will

be employed and receive on-the-job training. Women and the poor will be given

priority to be employed by the Project. After the construction of the Project has been

completed, it is planned that 57 public welfare position jobs shall be provided for the

APs based on discussion with the IA: 10 landscape workers, 27 road maintenance, 10

103

safeguard and 10 cleaners. The ratio of employment for men and women will be 1:2.

The salary will be over CNY 1,500 per month. As a result, the APs could get access to

additional income generation opportunities and additional income. Therefore, the APs

will benefit from the resettlement of the Project.

Provision of Technical Training to the APs

198. In order to create a self-development environment and rehabilitate the living

standard of the APs in a short time, the RO and IA will cooperate with the departments

of Labor and Social Security, Finance, Education, S&T, WF to carry out the

technology skill training for the relocated APs. The technology training will be

consistent with the district economic features, requirements of the labor market and

the enterprises to ensure that the training is practical, efficient and targeted.

199. In order to create a self-development environment and rehabilitate the living

standard of the APs in a short time, the RO and IA will cooperate with the departments

of Labor and Social Security, Finance, Education, S&T, WF to carry out the

technology skill training for the relocated APs. The technology training will be

consistent with the district economic features, requirements of the labor market and

the enterprises to ensure that the training is practical, efficient and targeted.

200. By taking into consideration of lack of working skills for the major labor force

of the affected households, especially women, the IA will ensure that at least 50% of

the trainees will be females. After training of occupational skills, the APs could get

jobs in the city. A total of CNY 220 per person has been budgeted as training cost to

cover the cost of training provided to the APs.

201. The training will be carried out twice a year, commenced from April 2011 and

last till April 2013. The training will be implemented in association with local district

government, VC, WF, and vocational education department. The training will be

provided to all APs with labor force, especially the women. For each training, at least

50% of women should be included. The training includes:

(1) Public security guard, cleaning, public aesthetic landscaping, maintenance

of public facilities, management of parking lot, and others;

(2) Horticulture, sewing and knitting, beauty and hairdressing;

(3) Maintenance and repair of motorcycle, vehicle, and electronic products;

(4) Car decoration and management of cleaning and washing accessories;

(5) Food, catering and hotel services, and domestic servant services; and,

(6) Sales of products, small business registration and operation.

6. Cost and Schedule

202. The cost estimate for land acquisition and resettlement is CNY 5.5863 million

or US$ 821.5 thousand at the prices of 2010, including compensation for permanent

collective land acquisition, temporary land occupation, residential house

demolishment, auxiliaries, infrastructures and special facilities, other costs, and

contingency. The land acquisition and resettlement activities will occur between April

2011 and April 2013. Construction will not take place before the APs are fully

compensated and relocated, and all arrangements are made to commence the

livelihood rehabilitation activities and the APs are registered for these. Internal and

external monitoring of the RP implementation will be conducted to ensure successful

implementation of the RP.

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APPENDIX 2: TOR for External Monitoring and Evaluation

A. Introduction

203. 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 a

requirement of the Asian Development Bank (ADB) that loan projects that result in

land acquisition and resettlement be properly monitored and evaluated. In order for

the implementation of the land acquisition and resettlement program of the Guangxi

Beibu Gulf Cities Development Project (GBGCDP) to comply with the provisions of

the Resettlement Plan (RP), monitoring of implementation, both “internal” and

“external”, will be carried out during and after the implementation of the Project.

204. An independent monitoring agency (Monitor) will be engaged through

competitive tenders for the external supervision, monitoring and evaluation. The

Consultant will be a PRC consulting entity who has experience in ADB or World Bank

projects dealing with resettlement issues.

205. Monitoring and evaluation will include, but not be limited to:

 Monitoring the progress and effectiveness of RP implementation; and,

 Evaluation of income restoration and post-resettlement conditions of the

APs and host communities.

B. Objectives and Requirements of Monitoring and Evaluation

206. The objectives of monitoring and evaluation are to assess if the land

acquisition and resettlement is implemented in accordance with the RP and if the

goals and principles of the RP are achieved. Specifically, monitoring and evaluation

will focus on the following aspects of the APs’ situation and the resettlement process.

 Economic situation prior to and after displacement of land or structures;

 Timely disbursement of funds;

 Environmental conditions;

 Social adaptability after resettlement;

 Rehabilitation of the vulnerable groups;

 Measures taken to restore affected production and livelihoods of the AP;

and,

 Living conditions and economic status of APs following resettlement in

comparison to the non-affected household in the Project area.

207. Monitoring and evaluation will include the establishment of socioeconomic

baselines of the APs prior to land acquisition or physical relocation, and the regular

monitoring of their relocation or adjustment during Project implementation, and

evaluation of their situation for a period of one or two years afterwards. Qualitative and

quantitative methods will be used to evaluate the standard of living of the APs.

Investigation will include interviews with IA, local officials, village leaders, and survey

of 20-25% of affected households. Focus group discussions can be conducted to

address issues related to women, poor, and other vulnerable groups.

C. Monitoring Indicators

208. The following indicators will be monitored and evaluated in accordance with

principles, entitlements and rehabilitation strategies/plans set out in the RP:

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 Disbursement of entitlements to affected households: compensation,

reconstruction house land, employment, and necessary assistance as

specified in the RP.

 Development of economic productivity: job opportunities available to APs,

number of APs employed or unemployed.

 Restoration of basic infrastructures and special facilities: all necessary

infrastructures and special facilities should be restored at the resettlement

sites at least up to a standard equal to the standard at the original location;

the compensation for all infrastructure and special facilities should be

sufficient to reconstruct it to the same quality.

 Level of AP’s satisfaction: level of APs’ satisfaction with various aspects of

the resettlement program; the operation of the mechanisms for grievance

redress will be reviewed and the speed and results of grievance redressal

measures will be monitored.

 Standard of living: Throughout the implementation process, the trends in

standards of living will be observed and the potential problems in the way of

restoration of standards of living will be identified and reported. The

Consultant will carry out a comprehensive socioeconomic survey after the

completion of resettlement implementation to document the standards of

living and the conditions of the APs after resettlement. The survey will be

conducted annually for two years, or until most affected households have

fully restored their living standards and income generation.

 Social adaptability and cohesion: impacts on children, the elderly and other

vulnerable groups, public participation, APs’ attitudes and reaction to post

resettlement situation, number of complaints and appeal procedures and

resolution, implementation of preferential policies, income restoration

measures, and improvements in women’s status.

D. Special Considerations

209. Special attention/provisions specified in the RP will be paid to women, the

poor and vulnerable groups during monitoring; these include:

 The status and function of women: Closely monitor any change in women’s

status, function and situations. At least 40 % of APs surveyed will be women.

The monitoring and evaluation agency will also provide recommendations

and assistance to the EA in respect of women’s issues.

 Care and attention to vulnerable groups if identified during implementation

process: closely monitor living conditions of the poor, elders, the disabled,

and other vulnerable groups after resettlement, to ensure that no hardship is

experienced.

 Monitoring and evaluation will provide information on utilization and

adequacy of resettlement funds. The Fangchenggang Audit Bureau will

audit resettlement accounts and funds. The details of this audit will be made

available to the IMA.

E. Contents and Distribution of Independent Monitoring Reports

210. A monitoring report will include, among other things:

 conclusion of investigation and evaluation;

 major existing and potential problems;

 recommended mitigation or prevention measures which will be incorporated

into a revised plan if necessary; and,

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 assessment of previous follow-up actions.

211. The IMA will forward copies of the reports to the Asian Development Bank.

The PMO will also submit a resettlement completion report to the ADB, to be followed

by post-resettlement impact evaluation reports by the monitor, which should provide

further evidence whether adverse effects of the Project have been mitigated

adequately, and at least non-affected household income levels have been restored for

the APs.

F. Monitoring Schedule

212. The Monitor will provide the ADB, PMO, IA, RO, FLRB, FHDAO and relevant

departments with monitoring reports every six months during resettlement

implementation and annual evaluation reports as well within 2 years after the

completion of resettlement implementation. Table 1 provides the resettlement

monitoring and evaluation schedule.

Table 1: Schedule for Resettlement Monitoring and Evaluation

No.

Report of M&E

Date

Baseline Survey of Socioeconomic

Information

April - May, 2010

First Monitoring Report

31 July, 2011

Second Monitoring Report

31 December, 2011

Third Monitoring Report

31 July, 2012

Fourth Monitoring Report

31 December, 2012

Resettlement Completion Report

31 July, 2013

First Annual Evaluation Report

31 December, 2013

Second Annual Evaluation Report

31 December, 2014

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