China - Chongqing Urban Environment Project : resettlement action plan (Vol. 6 of 9)

PEOPLE'S REPUBLIC OF CHINA World Bank-financed CHONGQING URBAN ENVIRONMENT PROJECT 16~~~~~~~~~~~~- A _ E V, OLUME AV ,'.6 RESETTLEM ENT ACTION PLAN (the third draft) RP-20 VOLUME V VOL.6 for Fuling WATER SUPPLY COMPONENT Fuling District Tap Water Supply Co., Ltd. 100709. R7 November 1 999 Assisted by SHANGHAI ACADEMY OF SOCIAL SOGREAH SONCI E -C SCIENCES   Contents Chapter 1 Brief Description of the Project Chapter 2 Required Land for the Project Chapter 3 Objective of the Resettlement Program Chapter 4 Minimization of Land Acquisition and Resettlement Chapter 5 Census and Socio-economic Survey of the Affected People and Assets 5.1 Brief account of the census of the affected people and assets 5.2 Impact dimensions 5.3 Land acquisition 5.4 Affected houses 5.5 Affected units and enterprises 5.6 Affected crops 5.7 Affected infrastructure and other main assets 5.8 Project-affected persons 5.9 Affected vulnerable groups 5.10 Socio-economic survey Chapter 6 Legal Framework 6.1 Brief account 6.2 National Laws and Regulations 6.3 Regulations of the Chongqing Municipality 1   6.4 Resettlement entitlement policy 6.5 Compensation rates Chapter 7 Institutional Arrangements 7.1 Establishment of the resettlement agencies 7.2 Staffing of the special agencies 7.3 Responsibilities of the agencies 7.4 Training and development of the resettlement staff 7.5 Organizational chart Chapter 8 Costs and Budget 8.1 Flow of funds 8.2 Base cost 8.3 Costs of preparing the RAP and monitoring and evaluation (M&E) 8.4 Administrative costs 8.5 Contingencies 8.6 Annual cost estimates Chapter 9 Implementation Arrangements 9.1 Job creation 9.2 Housing resettlement 9.3 Resettlement of the affected units and infrastructures 9.4 Resettlement of the vulnerable groups 9.5 Resettlement actions and implementation schedule Chapter 10 Consultations and Participation 2  10.1 Consultations and participation 10.2 Resettlement Information Booklets (RIBs) Chapter 11 Redress of Grievances Chapter 12 Internal and External Monitoring and Evaluation 12.1 Internal Monitoring 12.2 External Monitoring and Evaluation 12.3 Submission of the monitoring reports 3  RAP for the Fuling WVater Supply Component of CUEP Chapter 1 Chapter 1 Brief Description of the Project The Chongqing Fuling Water Supply Component (hereinafter referred to as the Component) is an important component of the World Bank-financed Chongqing Urban Environment Project (hereinafter referred to as CUEP), which is located in the Qiaonan Economy and Technology Developing Area, Fuling District. The developing area is an administrative unit of the Fuling District established for improving the local economy. Fuling is situated on the confluence of two rivers, the Yangtze River and the Wujiang River. It is an important transport hub in Chongqing Municipality, connected to Chongqing itself by a new highway and serving as a port. Present water supplies in Fuling are inadequate to meet present and future water demand and are endangered by nearby wastewater discharges. Water demand has been projected to rise to about 140,000 in 2010 and 180,000 in 2020. This implies a need for an additional supply of about 100,000 cu.m/d by the year 2010. The existing water supply facilities of Fuling District have become outmoded, low in the technical standard and poor in capacity. In addition, the water source pollution is becoming more and more serious. It is apparently unable to keep abreast of the socio-economic development in those areas and thus urgently in need of reconstruction and upgrading. 1  RAP for the Wanzhou Water Supply Component of CUEP Chapter 1 Table 1.1 The brief introduction of the Component item relating to location features resettlement the new-built Tongyuan taking the Yangzi River as the water waterworks and Vilage, source, designed short-term water supply water distribution Longbao capacity of 50 thousand cu.m/d, long- pipelines Township term of 100 thousand cu.m/d. To be more intuitionistic, please see Figure 1: Figure 1: Location of existing and future waterworks in Wanzhou \ VT No\/ t T N |PROPOSED TONGZIYUANWT o Exisbng WTW N * Projeced WTW A1,4 kbroetes w+E % Projeded WWAW __ 2  RAP for the Fuling Water Supply Component of CUEP Chapter 1 The techno-economic feasibility study for the Component was prepared by the Mid-south Cbina Design and Research Institute of the Chinese Civil Administration Construction, and the report was submitted in November 1998. The total investment of the first issue of the Component is RMB 135,980,000 among which, RMB 61,500,000 financed by the World Bank, RMB 40,530,000 financed by the domestic development banks and RMB 339,500,000 raised by Fuling District. Since the Component involves the construction of the new areas, land acquisition and resettlement will arise. A feasible Resettlement Action Plan (RAP) will be necessary for the Component. The RAP of the component is strictly prepared in accordance with both the I-XII terms of the Proposed Outline of the Action Plans (RAP) for CUEP from the World Bank in March 1997 and the related requirements of all the Aide Memoires for CUEP from the World Bank since 1997. 3   RAP for the Fuling Water Supply Component of CUEP Chapter 2 Chapter 2 The Required Land for the Project The Component requires 73.66 mu of land which is located in the intersection of the 319 National Highway in Fuling District and planning Xingfu Road, and the Tianzidian 7th Villager Team which is close to the north end commission station of the Yangtze River Bridge, and the total land needs to be acquired. It is described as follows: Table 2.1 The Required Land for the Fuling District Component No. affected area unit Tianzidian A B C 1 Component-possessed land mu 0 2 land to be acquired mu 73.66 3 required land for the Component mu 73.66 For the details of the land acquisition, please refer to Section 5.3, Chapter 5 of the RAP. 4   RAP for the Fuling Water Supply Component of CUEP Chapter 3 Chapter 3 The Objective of the Resettlement Program The main objective of the resettlement program is to ensure that the living standards, income-earning capacity, and production levels of the project-affected persons (PAPs) can be improved, or at least restored to the levels they would have had without the Component. Therefore, a series of measures will be taken to safeguard the entitlements of the affected people: 1. Ensure that all PAPs receive compensation at replacement cost for their total loss due to the Component, and are well resettled and rehabilitated so that they can share the benefits of the Component; 2. Special care will be taken for the vulnerable groups (including the poor households, the households having the disabled members, the households headed by the women, the households where the aged live alone and the households having the ethnic minority members), such as assistance in building and moving into their new houses, and receiving specific compensation. 3. Provide adequate compensation for the cultivated land acquisition to the collective. The compensation will mainly be used to increase the productive capacity of the collective; 4. Help those whose houses are relocated select their new sites and build their new houses, and make them harmonize with the new environment as soon as 5  RAP for the Fuling W ater Supplh Component of CUEP Chapter 3 possible; 5. The implementation of the land acquisition and resettlement will be monitored and evaluated (M&E) by the independent monitoring institute. The representatives of the PAPs will participate in the resettlement and the special institution will provide avenues for the PAPs to redress their grievances. 6  RAP for the Fuling WA'ater SuppIl Component of CUEP Chapter 4 Chapter 4 Minimization of Land Acquisition and Resettlement The World Bank's policy requires that all viable alternative project designs has been explored to avoid the need for involuntary resettlement. Following the policy, the Component owner and the departments concerned have used all kind of methods in minimizing the land acquisition and resettlement and reducing the negative impacts on the cultivated land, housing and units. The measures are as follows: 1. As early as the techno-economic feasibility study and the preliminary engineering design for the Component, the departments concerned planned and designed the schemes according to the principles such as economizing on land, reducing the cultivated land acquisition, not taking high-yield land and minimizing the building relocation. They solicit opinions from the local governments and villagers in the affected areas, and decided the scheme on the basis of repeated comparison of the different schemes. Therefore, the Component impact on the cultivated land and housing has been reduced as much as possible. 2. As soon as the resettlement starts, the implementation will be carried out in accordance with the RAP to minimize the project impact. A series of measures will be taken to rehabilitate or reconstruct the affected residents and infrastructure as soon as possible. 3. Even when the civil construction of the Component is initiated, further efforts, such as technological innovation and strengthening the management of construction, can be made to mitigate negative impacts on the affected areas and convenience the PAPs' work and life. 7   RAP for the Fuling WN ater Supply Component of CUEP Chapter 5 Chapter 5 Census and Socio-economic Survey of the affected people and assets 5.1 Brief account of the census of the affected people and assets In order to know exactly and completely the impacts of the land acquisition and resettlement of the Component, before the compilation the RAP, the Fuling District Management Office of the World Bank's Capital Utilization (PMO) made arrangements for the census of the affected people and assets of all the CUEP components. The preparation for the census was done meticulously: working out the explicit investigating plans; designing all the survey tables; training the investigators; making the contacts in advance with the governments and the relevant agencies in the affected areas; conducting the trial survey on site to verify the survey tables and show the investigators how to do it. The investigating team comprised the relevant personnel from the Chongqing Road & Bridge Co., Ltd., land administration, planning, public security, civil affair departments, food and statistics department of Nan'an District, Tianzidian Township Government, and the affected village committees. 5.2 The impact dimensions The Component will requisite 73.66 mu rural collectively owned land including 54.85 mu cultivated land. Along with land requisition, a total of 2566.6 square meters of building structures will be demolished, causing relocation of 51 8  RAP for the Fuling Water Supply Component of CUEP Chapter 5 households or 225 individuals. A detailed breakdown of land requisition and resettlement impact for the Component is as follows: Table 5.1 The Impact Dimensions of the Component No. item unit Tianzidian A B C 1 cultivated land acquisition mu 54.85 2 non-cultivated land acquisition mu 18.81 3 total land acquisition mu 73.66 4 total affected buildings sq.m 2,566.6 5 total affected households no. 51 6 total PAPs person 225 7 affected households of vulnerable groups no. 6 8 PAPs of vulnerable groups person 8 9 affected administrative villages no. I 10 affected villager teams no. 1 9  RAP for the Fuling 'ater Supplv Component of CUEP Chapter 5 5.3 The land acquisition Table 5.2 The Land Acquisition of the Component No. Item Unit Tianzidian __ A B C 1 irrigated land mu 2 dry land mu 3 vegetable land mu 54.85 4 fish pond mu 5 sub-total mu 54.85 6 waste land mu 4.70 7 house plot mu 5.01 8 water area mu 2.20 9 furrow mu 4.10 10 path mu 2.80 11 sub-total mu 18.81 12 total mu 73.66 13 total area of the existing mu 1,496 cultivated land 14 The percentage of the acquired % 3.67% cultivated land in the existing cultivated land 10  RAP for the Fuling W ater Supply Comppnent of CUEP Chapter 5 5.4 The affected houses Table 5.3 The Affected Houses of the Component No. Item Unit Tianzidian A B C 1 Brick timber houses Sq.m 877.3 2 Brick timber houses Sq.m 354.6 3 Timber tile houses Sq.m 1245.3 4 Simple structures Sq.m 89.5 5 Enclosing walls Sq.m 27.5 6 Total construction Sq.m 2566.6 7 Total plot area Sq.m 3343.2 8 Affected households No. 21 9 Affected persons Person 100 5.5 The affected units and enterprises There are no affected units and enterprises in the affected areas of the Component. 5.6 The affected crops According to the survey, the crops covering 54.85 mu of the cultivated land will be affected by the Component. 5.7 The affected infrastructure and other main assets 11  RAP for the Fuling Water Supply Component of CUEP Chapter 5 Table 5.4 The Affected Infrastructure and Other Main Assets of the Component No Item Unit Tianzidian ___ ~~~~A B C 1 Stunning ground Sq.m 855.3 2 Stone bank Cu.m 231.9 3 Fruit trees No. 1,312 4 Fruit tree seedlings No. 7,330 5 Miscellaneous trees No. 1,743 6 Miscellaneous tree seedlings No. 5,627 7 pond Cu.m 127.8 8 tombs No. 62 9 Wire poles(9ms and over No. 5 9ms) 10 Wire poles(below 9ms) No. 23 11 wires meter 3,600 12  RAP for the Fuling WNater Supply Component of CUEP Chapter 5 5.8 The project-affected persons Table 5.5 The Project-affected Persons of the Component No Item unit Tianzidian A B C 1 Households only affected by the No. 30 cultivated land acquisition 2 Persons only affected by the Person 125 cultivated land acquisition 3 Households affected by the house No. 21 relocation 4 Persons affected by the house Person 100 relocation 5 Affected units and enterprises No. 0 6 Staffs of the affected units and Person 0 enterprises 7 Total affected households No. 51 8 Total affected persons Person 225 13  RAP for the Fuling Water Supply Component of CUEP Chapter 5 5.9 The affected vulnerable groups Table 5.6 The Affected Vulnerable Groups of the Component No Item Unit Tianzidian A B C 1 the poor households of monthly income below RMB 80 per capita 2 HH | No. | 0 3 Person person 0 4 the households having the disabled members 5 HH No. | _ _ 6 Person person 6 7 the households headed by woman 8 HH _ _No. 0 9 Person person 0 10 the households where the aged above live alone 11 HH No. 0 12 Person person 0 13 the households having the ethnic minority 14 HH No. 2 15 Person ] person 2 16 total (excluding the overlapping amount) 17 HH No. 6 18 Person person 8 5.10 The socio-economic survey In order to provide the reference material for the compilation of the RAP, the initial socio-economic survey of the PAPs was conducted while conducting the census of the affected people and assets. And later some supplementary investigations were carried out. The survey involved the present socio-economic situation of the affected areas and affected persons, PAPs' attitudes to the 14  RAP for the Fuling Water Supplv Component of CUEP Chapter 5 Component and the resettlement, and PAPs' requirements on compensation and resettlement. During the investigation, the PAPs have put forward some requirements according to their actual situation. Since the PAPs' most striking characteristic is that they are all the farmers who earned their living from the soil, land is the foundation for the economic development of all the agricultural persons. They demand to be resettled in agricultural way; they should be informed before relocation as early as possible; they can be given rational compensation; the compensation fee can be paid timely. When formulating the compensation and resettlement policies and resettlement and rehabilitation plan, the ethnic minority population's rational requirements have been fully considered. The main socio-economic indicators of the affected districts are listed below: Table 5.7 The Main Socio-econornic Indicators of the Affected District of the Component No. item unit Nan'an A B C 1 total population person 1,087,000 2 non-agricultural person 229,800 population 3 agricultural population person 857,200 4 total area sq.kmn 2,946 5 | cultivated land area mu 1,019,265 6 average cultivated land per mu/person 1.19 agricultural person 7 local r evenue RMIB 137,460,000 8 per capita yearly income of the RMB 1,519 agricultural households 15  RAP for the Fuling W'ater Supply Component of CUEP Chapter 5 The land acquisition and resettlement of the Component will have considerable influence on the career, education, living conditions, life style, and cultural activities of the PAPs. The construction of the Component will develop local economy and provide local people with new job opportunities; More contact with the outside will widen horizons of the people in the affected areas; The PAPs' housing conditions will be improved as far as possible. However, the land acquisition and resettlement of the Component will produce some negative influences on the Project-affected persons and units. It may be difficult for some PAPs to restore their living standard rapidly after relocation; Some PAPs could hardly adapt themselves to the changes at the initial stage; The civil work may bring inconvenience in local people's traffic and daily life. The follow-up socio-economic survey of the PAPs will be completed and reported in the future by the independent monitoring institute. 16   RAP for the Fuling Water Supply Component of CUEP Chapter 6 Chapter 6 Legal Framework 6.1 Brief account The RAP of the Component is prepared in accordance with the laws and regulations listed below and the World Bank O.D 4.30 on Involuntary Resettlement. The resettlement implementation of the Component will be based on the specific provisions of the RAP agreed between the World Bank and the Borrower (the Component Owner). Policies on land acquisition and resettlement are formulated at three, levels of government in China: * The central government has established the basic policy framework through promulgation of national regulations and implementation guidelines; * Provincial governments have issued either general or project-speciric regulations on implementation of national regulations; * Prefectures, Fulingities and counties have issued regulations applying to specific projects. 6.2 The national Laws and Regulations The following laws and regulations comprise the key policies on land acquisition, civil planning,: 17  RAP for the Fuling Water Supply Component of CUEP Chapter 6 1. The Law of Land Administration of the People's Republic of China (passed by the 16th session of the 6th National Congress in June 1986, revised first by the 5th session of the 7th National Congress in December 1988, revised second by the 4th session of the 9th National Congress in August 1998 and coming into force from January 1, 1999), Implementation Regulations of Land law (coming into force from January 1, 1999). 2. The State Forestry Law (coming into force from January 11, 1985) and its implementation regulations (coming into force from May 10, 1986). 3. The Provisional Regulations of the State Cultivated Land Occupation Tax (coming into force from April 1, 1987). 4. The Law of City Planning of the People's Republic of China (passed by the Ilth session of the 7th National Congress in December 1989, and coming into force from April 1, 1990) 5. The Regulations on Management of Demolishing Urban Houses of the People's Republic of China (passed by the 76th routine session of the State Council in January 1991, and coming into force from June 1, 1991) Major provisions of the Law of Land Administration, the most important part of the above laws, are as follows: 18  RAP for the Fuling WN'ater Supplv Component of CUEP Chapter 6 Ownership and Right of Use of Land Article 10 Land collectivelv owned by peasants shall be operated and managed by the rural collective economic organizations. Article 11 People's government at the county level shall register and put on record lands collectively owned by peasants and issue certificates to certify the ownership concerned. People's government at the county level shall register and put on record the use of land collectively owned by peasants for non-agricultural construction and issue certificates to certify the right to use the land for construction purposes. People's government at the county level shall register and put on record uses of land owned by the State by units or individuals and issue certificates to certify the right of use. Article 12 Changes of owners and usages of land, should go through the land alteration registration procedures. Land for Construction Purposes Article 45 The acquisition of the following land shall be approved by the State Council: 1. Basic farmland; 2. Land exceeding 35 hectares outside the basic farmland(1 hectare equals 15 mus); 3. Other land exceeding 70 hectares. Acquisition of land other than prescribed in the preceding paragraph shall be 19  RAP for the Fuling W!ater Supply Component of CUEP Chapter 6 approved by the people's governments of provinces, autonomous regions and Fulingities and submitted to the State Council for the record. Article 47 In acquisition of land, compensation should be made according to the original purposes of the land acquired. Compensation fees for land acquired include land compensation, resettlement subsidy and compensation for attachments to or standing crops on the land. The compensation fee for cultivated land should be 6-10 times the average annual production value per mu during the three years prior to acquisition. Based on the number of agriculture population to be resettled, the regulations stipulate payment of a resettlement grant. The amount of the resettlement grant is to be determined on a per capita basis and should be 4-6 times the average output value per mu during three years prior to land acquisition. The amount of the grant, however, should not exceed 15 times the average value of the produce. In reference to the land compensation and resettlement subsidy for cultivated land acquired, the provinces, autonomous regions and Fulingities should establish the of compensation rates for other types of land. The provinces, autonomous regions and Fulingities should determine the compensation rates for attachments and standing crops. In acquisition of vegetable fields in suburban areas, the units using the land should pay new vegetable field development and construction fund. Should the resettlement grant prove inadequate to maintain the previous living standards of the affected people, the people's governments of provinces, autonomous regions and Fulingities can increase the amount of the resettlement grant. But the combined amount of the compensation for land and resettlement grant should not exceed 30 times the average annual production value per mu during the previous three years. 20  RAP for the Fuling WN ater Supply Component of CUEP Chapter 6 Article 49 Rural collective economic organizations shall make public to its members the receipts and expenditures of the land compensation fees for land acquires and accept their supervision. It is forbidden to embezzle or divert the land compensation and other related expenses. Article 50 Local people's governments at all levels shall support rural collective economic organizations and persants in their efforts toward development and operations or in starting up enterprises. 6.3 The regulations of the Fuling District 1. The Sichuan Province Implementation Regulations of the State Land Law (passed by the 26th session of the 6th Sichuan Province's Congress on July 2, 1987, revised first by the 12th session of the 7th Sichuan Province's Congress on November 15, 1989, and revised second by the 15th session of the 8th Sichuan Province's Congress on June 20, 1995). 2. Chongqing Management Methods of Land for Construction Purposes (passed by the 87th routine session of the Chongqing government in August 1991, and coming into force from September 1, 1991). 3. Chongqing Declaration, Examination and Approval Procedures of Land for Construction Purposes (coming into force from November 23, 1988). 4. The Chongqing Urban Planning Management Regulations (passed by the 6th 21  RAP for the Fuling Water Supply Component of CUEP Chapter 6 session of the 11th Chongqing City's Congress in March 1989, approved by the 9th session of the 7th Sichuan Province's Congress in May 1989, and coming into force from Max 25, 1989). 5. The Chongqing Management Regulations on Demolishing Urban Houses (passed by the 27th session of the 11th Chongqing City's Congress in August 1992, approved by the 31st session of the 7th Sichuan Province's Congress in September 1992, and coming into force from November 3, 1992). 6. The Chongqing Fee Standards of Demolishing Urban Houses (passed by the 16th Chongqing City's session in April 1995, and coming into force from July 1, 1995). 7. The Chongqing Regulations on the Compensation and Resettlement for Land Acquisition (passed by the 36th Chongqing government routine session in April 1999, and coming into force from January 1, 1999). 8. The Chongqing Regulations on the Housing Resettlement for non- agricultural people changed from agricultural people due to land acquisition (coming into force from July 15, 1995). 9. The Notice of Chongqing Calculating Standards of resettlement fees for non-agricultural people changed from agricultural people due to land acquisition (coming into force from July 15, 1995). 10. The Chongqing Regulations on the Compensation for the Standing Crops and Attachments due to Land Acquisition (coming into force from September 15, 22  RAP for the Fuling W-ater Supply Component of CUEP Chapter 6 1995). 11. The Fuling Civil Planning District Regulations on the Compensation and Resettlement for Land Acquisition (passed by the 16th Fuling government routine session in August 1997, and coming into force from September 26, 1997). 6.4 The Resettlement entitlement policy 1. All affected assets will be compensated at their full replacement cost without any deduction for depreciation; 2. Compensation payments will be made before the acquisition of land and assets; 3. Compensation rates were negotiated with the governments of the affected areas and the representatives of the PAPs; 4. All affected persons who lose assets occupied by them before the Component cut-off date will be assisted in their efforts to restore their standards of living without discrimination on the basis of their tenure status. The Entitlement Matrix for each of the impact categories is as follows: 23  RAP for the Fuling W'ater Supplh Component of CUEP Chapter 6 Table 6.1 The Entitlement Matrix Impact receivers entitlements basis for calculating implementors categories compensation Cultivated land affected land compensation; land compensation and district, township farmers resettlement subsidy; resettlement subsidy: 10 times resettlement offices land redistribution average annual production value per mu during the 3 years prior to acquisition. Other types of affected land compensation land compensation: 3-6 times district, township land administrative average annual production resettlement offices villages value per mu during the 3 years _____________ ____________________ prior to acquisition Standing crops affected cash compensation cash payment: 850 RMB/mu village farmers administrative committees Rural affected rural cash compensation; cash payment at replacement District, township residential residents moving allowances; cost or new housing plot which resettlement offices; houses transition allowances; is no less than the original one village resettlement within the will be provided; moving administrative original village. allowances: 300 RMB/HH; committees transition allowances: 600 RMB/person year Affected owners of the cash compensation; replacement price will be district, township infrastructure infrastructure minimization of calculated according to the resettlement offices relocation and original level, description, reconstruction in qualitv and amount advance Affected other affected asset cash compensation replacement price will be district, township assets owners calculated according to the resettlement offices original level, description, qualitv and amount 6.5 The compensation rates According to the relevant laws and regulations, with reference to the actual conditions of the Component, and through the consultation with the local governments and the representatives of the PAPs from May 1999 to October 1999, the compensation rates are listed in Tables 6.2-6.3. The compensation rates to be paid for affected land, structures land other assets will not be below the levels given in Tables 6.2-6.3 and will be adjusted by the actual inflation rate 24  RAP for the Fuling Water Supply Component of CUEP Chapter 6 from October 1999 to the time when the compensation is actually paid. Table 6.2 The land compensation rates of the Component No item average annual land resettlement cultivated land total output per mu compensation subsidies occupation tax multiplier multiplier A B C D E F 1 irrigated land _ - 2 drv land 3 vegetable land 1800 6B 4B 3333 21333 4 fish pond 5 waste land 3000 6 house plot 1800 6B 10800 7 water area 1800 3B 5400 8 furrow 1800 3B 5400 9 path 1800 3B 5400 25  RAP for the Fuling Water Supply Component of CUEP Chapter 6 Table 6.3 The compensation rates of the land attachments and other assets of the Component No. item unit J rate A B C I brick concrete houses RMB/sq.m 220 2 brick timber houses RMB/sq.m 150 3 timber tile houses RMB/sq.m 130 4 simple structure RMB/sq.m 35 5 enclosing walls RMB/sq.m 20 6 standing crops compensation RMB/mu 850 7 stunning ground RMB/sq.m 15 8 stone bank RMB/cu.m 20 9 fruit trees RMB/unit 30 10 fruit tree seedlings RMB/unit 4 11 miscellaneous trees RMB/unit 15 12 miscellaneous tree seedlings RMB/unit 2 13 pond RMB/cu.m 12 14 tomb RMB/unit 250 15 wire poles(9ms and over 9ms) RMB/unit 80 16 wire poles(below 9ms) RMB/unit 40 17 wires RMB/meter 1 18 household moving allowances RMB/HH 300 19 household transition allowances RMB/person month 50 26  RAP for the Fuling Water Supply Component of CUEP Chapter 7 Chapter 7 Institutional Arrangements 7.1 The establishment of the resettlement agencies To strengthen the coordination and management, and improve the institutional system of the land acquisition and resettlement of the Component, the following special agencies have been set up: The Resettlement Leading Group of the Chongqing Urban Environment Project The Resettlement Office (PRO) of the Chongqing Urban Environment Project The Resettlement Leading Group of the Fuling Water Supply Component The Resettlement Office (CRO) the Fuling Water Supply Component The Resettlement Office of the Qiaonan Economy and Technology Developing Area The membership and function of the various resettlement institutions are described in detail in Section 7.2 and 7.3 of this chapter. For the establishment dates of the institutions, please refer to Table 9.3, Chapter 9. Other agencies concerning the land acquisition and resettlement are: The Chongqing Planning Committee The Chongqing Construction Committee The Chongqing Municipal Management Bureau 27  RAP for the Fuling Water Supply Component of CUEP Chapter 7 The Chongqing Planning Bureau The Chongqing House and Land Administration Bureau The Chongqing Municipal Management Office of the World Bank's Capital Utilization (PMO) The Fuling District Planning Bureau The Fuling District Construction Bureau The Administrative Committee of the Qiaonan Economy and Technology Developing Area, Fuling District The Fuling District State Land Bureau The Fuling District Tap Water Supply Co., Ltd. The Economic, Legal & Social Consultancy Center, the Shanghai Academy of Social Sciences (SASS) The construction, planning and house & land administration departments of the Administrative Committee of the Qiaonan Economy and Technology Developing Area of the Fuling District The Tianzidian Village Administrative Committees 7.2 Staffing of the special agencies 1. The Resettlement Leading Group of the Chongqing Urban Environment Project. It is composed of the relevant leaders from the Chongqing Planning Committee, the Chongqing Construction Committee, the Fuling District Management Bureau, the Chongqing Planning Bureau, the Chongqing House and Land Administration Bureau ,the Chongqing Municipal Management Office of the World Bank's Capital Utilization (PMO), the Fuling District World Bank Loan 28  RAP for the Fuling 'ater Supplv Component of CUEP Chapter 7 Project Management Office, the Chongqing Wanzhou W'orld Bank Loan Project Management Office, the Chongqing Qianjiang World Bank Loan Project Management Office. A leader of the Chongqing Construction Committee is the head of the Project Resettlement Leading Group. 2. The Resettlement Office of the Chongqing Urban Environment Project. It is composed of the specialized personnel in charge of the land acquisition and resettlement from the Chongqing Planning Committee, the Chongqing Construction Committee, the Chongqing Municipal Management Bureau, the Chongqing Planning Bureau, the Chongqing House and Land Administration Bureau, the Chongqing Municipal Management Office of the World Bank's Capital Utilization (PMO), the Fuling District World Bank Loan Project Management Office, the Chongqing Wanzhou World Bank Loan Project Management Office, the Chongqing Qianjiang World Bank Loan Project Management Office. A leader of the Chongqing Municipal Management Office of the World Bank's Capital Utilization (PMO) is the head of the Project Resettlement Office. 3. The Resettlement Leading Group of the Fuling Water Supply Component It is composed of the relevant leaders from the Fuling District Planning Bureau, the Fuling District Construction Bureau, the Administrative Committee of the Qiaonan Economy and Technology Developing Area, the Fuling District State Land Bureau, and the Fuling District Tap Water Supply Co., Ltd. etc.. A leader of the Fuling District Government is the head of the Component Resettlement Leading Group. 29  RAP for the Fuling W ater Supplv Component of CUEP Chapter 7 4. The Resettlement Office of the Fuling Water Supply Component It is composed of the specialized personnel in charge of the land acquisition and resettlement from the Fuling District Planning Bureau, the Fuling District Construction Bureau, the Administrative Committee of the Qiaonan Economy and Technology Developing Area, the Fuling District State Land Bureau, and the Fuling District Tap Water Supply Co., Ltd. etc.. The leader of the Fuling District Planning Bureau is the head of the Component Resettlement Office. 5. The Resettlement Office of the Qiaonan Economy and Technology Developing Area It is composed of the specialized personnel in charge of the land acquisition and resettlement from the Administrative Committee of the Qiaonan Economy and Technology Developing Area including Construction, Planning, State land, and Resettlement Dept. A leader of the Administrative Committee of the Qiaonan Economy and Technology Developing Area is the head of the District Resettlement Office. 7.3 The responsibilities of the agencies 1. The Resettlement Leading Group of the Chongqing Urban Environment Project A. Make important policy decisions on the land acquisition and resettlement preparation, planning, implementation, and monitoring and evaluation for 30  RAP for the Fuling Water Suppl Component of CUEP Chapter 7 CUEP in accordance with the World Bank's requirements on resettlement; B. Coordinate among various agencies relating to the land acquisition and resettlement preparation, planning, implementation, and monitoring and evaluation for CUEP and guide their work; C. Review and discuss the internal monitoring reports submitted by the PRO; D. Review and discuss the independent reports submitted by various implementation agencies and the relevant departments. 2. The Resettlement Office (PRO) of the Chongqing Urban Environment Project A. Organize the census and socio-economic survey of the affected people and assets and the preparation of the RAPs of the Chongqing Urban Environment Project following the World Bank's requirements on resettlement; B. Train the staff of the resettlement offices of the Components; C. Organize the implementation of the land acquisition and resettlement in accordance with the RAP approved by the World Bank; D. Undertake the internal monitoring activities on the resettlement implementation of the Chongqing Urban Environment Project; E. Suggest solutions timely for handling problems identified in the internal monitoring and the implementation of the RAP; F. Report to the Project Resettlement Leading Group on work progress, the problems and remedial measures regularly. 3. The Resettlement Leading Group of the Fuling Water Supply Component 31  RAP for the Fuling WVater Supply Component of CUEP Chapter 7 A. Make important policy decisions on the land acquisition and resettlement preparation, planning, implementation, and monitoring and evaluation for the Fuling Water Supply Component in accordance with the World Bank's requirements on resettlement; B. Coordinate among various agencies relating to the land acquisition and resettlement preparation, planning, implementation, and monitoring and evaluation for the Fuling Water Supply Component and guide their work; C. Review and discuss the internal monitoring reports submitted by the PRO of the Fuling Water Supply Component; D. Review and discuss the independent reports submitted by various implementation agencies and the relevant departments. 4. The Resettlement Office (PRO) of the Fuling Water Supply Component A. Organize the census and socio-economic survey of the affected people and assets and the preparation of the RAP of the Fuling Water Supply Component following the World Bank's requirements on resettlement; B. Train the staff of the subordinate resettlement offices; C. Organize the implementation of the land acquisition and resettlement of the Fuling Water Supply Component in accordance with the RAP approved by the World Bank; D. Conclude the land acquisition and resettlement contracts with the Qiaonan Developing Area and other relevant institutions. E. Receive the resettlement funds from the PRO and allocate them to the subordinate resettlement offices; F. Undertake the internal monitoring activities of the resettlement implementation of the Fuling Water Supply Component; 32  RAP for the Fuling UWater Supplv Component of CUEP Chapter 7 G. Suggest solutions timely for handling problems identified in the internal monitoring and implementation of the RAP; H. Report to the Resettlement Leading Group of the Fuling Water Supply Component on work progress, the problems and remedial measures regularly. 5. The Resettlement Office of the Qiaonan Economy and Technology Developing Area of the Fuling District A. Cooperate with the relevant agencies in making the census and surveys; B. Train the staff of the subsidiary resettlement office; C. Implement the RAP; D. Receive the resettlement funds from the Resettlement Company of the Fuling Water Supply Component and allocate them to the affected collectives or individuals according to the working procedures; E. Guide and supervise the land acquisition and resettlement work in relevant township and villages; F. Report to the Resettlement Company of the Fuling Water Supply Component on work progress, the problems and remedial measures regularly. 7.4 Training and development of the resettlement staff The staff of the above-mentioned agencies will be trained for the land acquisition and resettlement of the Project. The training plan of the resettlement staff is as follows: 33  RAP for the Fuling WVater Supply Component of CUEP Chapter 7 Table 7.1 Training plan of the resettlement staff trainers the resettlement consultants recognized by the World Bank; the persons who have received "Resettlement and Rehabilitation" training by the World Bank the the Resettlement Leading Group of the Chongqing Urban resettlement Environment Project, the Resettlement Office (PRO) of the agencies which Chongqing Urban Environment Project, the Resettlement the staff Leading Group of the Fuling Water Supply Component, the belongs to Resettlement Office (CRO) of the Fuling Water Supply Component, the Resettlement Office of the Qiaonan Economy and Technology Developing Area, the Tianzidian Village Administrative Committees; etc. training the specific provisions of the RAP; the skill of the contents implementation and management of the resettlement; the methods of collecting data and information; etc. training time two or three days for one training program training place Fuling District and the spots where the resettlement will be implemented 34  RAP for the Fuling Water Supply Component of CUEP Chapter 7 7.5 The organizational chart The following chart illustrates all the agencies involved in the land acquisition and resettlement of the Component. District District District State Qiaonan Developing Planning Constrction Land Bureau Area Management Comnmittee Committee Of fice Fuling District The Leading Independent Tap Water Group of the Monitoring and Supply Co., Fuling Evaluating Institute Ltd. Component_Z_ The Resettlement Office of the Fuling Component I Qiaonan Developing Area Resettlement Office Tianzidian Village Administrative Committee 35   RAP for the Fuling WVater Supply Component of CUEP Chapter 8 Chapter 8 Costs and Budget The costs to be incurred on land acquisition and resettlement of the Component are included in the overall budget of the Component. During the implementation of the RAP, the annual expenditure of land acquisition and resettlement will be included in the annual investment plans of the Component. The total costs for the land acquisition and resettlement in the Component are estimated to be RMB 2,447,108.9 at October 1999 prices. 8.1 Flow of funds On the basis of the compensation policies and rates given in the RAP, the Resettlement Office of the Fuling Water Supply Component, the Resettlement Office of the Qiaonan Economy and Technology Developing Area, and the Village Administrative Committees will sign compensation agreements with their subordinates and the affected persons separately according to their jurisdiction. Payment of funds will be made timely in accordance with these agreements. The flow of funds is illustrated as follows: 36  RAP for the Fuling WN ater Supply Component of CUEP Chapter 8 The owner of the Fuling Water Supply Component 'I The Resettlement Office of the Fuling Water Supply Component |The Qiaonan Developing The displaced The Tianzidian The owners of persons Village other affected Administrative assets Committee 8.2 Base cost The compensation is estimated according to the compensation rates set out in Table 6.2 to Table 6.3. For detailed cost estimates of all categories of expenses see Table 8.1 as follows: 37  RAP for the Fuling Water Supply Component of CUEP Chapter 8 Table 8.1 The Costs on the Land Acquisition and Resettlement of the Fuling Water Supply Component No. item amount compensation rate cost A B C D E I vegetable land mu 54.85 RMB/mu 21,333 1,170,133.4 2 waste land mu 4.70 RMB/mu 3,000 14,100.0 3 house plot mu 5.01 RMB/mu 10,800 54,132.8 4 water area mu 2.20 RMB/mu 5,400 11,880.0 5 furrows mu 4.10 RMB/mu 5,400 22,140.0 6 path mu 2.80 RMB/mu 5,400 15,120.0 7 brick concrete houses mu 877.3 RMB/mu 220 192,999.4 8 brick timber houses sq.m 354.6 RMB/sq.m 150 53,193.0 9 timber tile houses sq.m 1245.3 RMB/sq.m 130 161,883.8 10 simple structure sq.m 89.5 RMB/sq.m 35 3,132.2 11 enclosing walls sq.m 27.5 RMB/sq.m 20 550.0 12 standing crop compensation mu 54.85 RMB/mu 850 46,622.5 13 stunning ground sq.m 855.3 RMB/sq.m 15 12,829.8 14 stone bank cu.m 231.9 RMB/cu.m 20 4,637.8 15 fruit trees no. 1312 RMB/unit 30 39,360.0 16 fruit tree seedlings no. 7330 RMB/unit 4 29,320.0 17 miscellaneous trees no. 1743 RMB/unit 15 26,145.0 18 miscellaneous tree seedlings no. 5627 RMB/unit 2 11,254.0 19 pond cu.m 127.8 RMB/cu.m 12 1,533.5 20 tombs no. 62 RMB/unit 250 15,500.0 21 wire poles(9ms and over 9ms) no. 5 RMB/unit 80 400.0 22 wire poles(below 9ms) no. 23 RMB/unit - 40 920.0 23 wire meter 3600 RMB/unit 1 3,600.0 24 household moving allowances household 21 RMB/HH 300 6,300.0 25 household transition allowances person 100 RMB/person 600 60,000.0 26 subtotal 1,957,687.1 27 cost of preparing the RAP and M 97,884.4 & E_ 28 administrative costs 97,884.4 29 physical contingencies 195,768.7 30 price contingencies 97,884.4 31 total 2,447,108.9 8.3 The costs of preparing the RAP and monitoring and evaluation (M&E) The costs of preparing the RAP and monitoring and evaluation of the 38  RAP for the Fuling WN ater Supply Component of CUEP Chapter 8 Component are budgeted at the rate of 5 % of the total amount of compensation. 8.4 Administrative costs The administrative costs for the land acquisition and resettlement of the Component are budgeted at the rate of 5% of the total amount of compensation. 8.5 Contingencies Lots of contingencies may lie in implementation of the land acquisition and resettlement, which involves a wide range of aspects concerning the livelihood of the local residents as well as the operation of the units and enterprises. Cost estimates for the RAP implementation include provision for both price and physical contingencies which comprise the major contingencies for the Component. 8.5.1 Physical contingencies Physical contingencies have been included to provide for any changes in design or alignment and for any unforeseen circumstance during the RAP implementation. Physical contingency is budgeted at the rate of 10% of the total amount of compensation. 8.5.2. Price contingencies (inflation) The cost of land acquisition and resettlement of the Component is based on the current annual prices. The land acquisition and resettlement for the Component 39  RAP for the Fuling WAater Supply Component of CUEP Chapter 8 will be completed by 2000, however. The inflation rate and the inflation allowance must be estimated therefore and the price contingencies (inflation) are budgeted at the rate of 5% of the total amount of compensation. The compensation rates will be adjusted by the actual inflation rate from October 1999 to the time when the compensation is actually paid. 8.6 Annual cost estimates The land acquisition and resettlement of the Component will be carried out mainly in 2000. In 1999, the cost at the rate of about 10% of the total amount of compensation will be used and in 2000, 90%. 40   RAP for the Fuling WN ater Supply Component of CUEP Chapter 9 Chapter 9 Implementation Arrangements 9.1 Job creation The affected village, Tianzidian Village, has 1496 mu of the cultivated land, among which only 54.85 mu, accounting for 3.67% of the total, will be acquired by the Component. Since the Component impact on the rural collective cultivated land is comparatively small, the resettlement problem of the affected population can be solved by the method of cultivated land redistribution and adequate compensation stipulated in the Entitlement Matrix. The left cultivated land will be redistributed within the village in order to resettle the affected agricultural population. Such arrangement can ensure that the cultivated land can be redistributed to the PAPs on an equal basis. All the agricultural population affected by the Component land acquisition will get economic resettlement and rehabilitation according to the agricultural method, therefore, the land compensation and resettlement subsidy to the village will only be used to develop the collective economy and will not be applied to any other use. According to the characteristics of the affected areas of the Component, the funds will be applied to: 1. Increase agricultural income from the remaining cultivated land by improving the irrigation facilities, seeds, and the planting modes, etc.; 2. Develop the capital construction of water, electricity, road and forestry; 41  RAP for the Fuling WN ater Supply Component of CUEP Chapter 9 3. Open up wasteland and exploit the agriculture production potentialities in the non-cultivated and low-yield land; 4. Develop the second and third industries related to agriculture so as to improve the production abilitv of the affected village. The application of the funds will be observed and monitored during the implementation. 9.2 Housing resettlement For those relocated rural households, the village will be responsible to provide them replacement housing plots no less than their original ones, and basic on site infrastructure in order to allow them to rebuild their new houses. The selection of new housing plots will be determined by consulting with the affected households. The PAPs will receive the house compensation at replacement cost, -and moving allowances and transition allowances, and salvageable materials from their old houses will also belong to the PAPs. 9.3 Resettlement of the affected units and infrastructures There are no affected units and infrastructures in the Component. The affected infrastructures will be compensated at the replacement price, and minimize the relocation as little as possible. The infrastructures which really need to be relocated will be reconstructed or restored to its original functions as soon as possible. 42  RAP for the Fuling Water Supply Component of CUEP Chapter 9 9.4 Resettlement of the vulnerable groups The vulnerable groups include the poor households, the households having the disabled members, the households headed by the women, the households where the aged live alone and the households having the ethnic minority members. The specific eligibility criteria for the vulnerable groups are defined as follows. Table 9.1 Eligibility Criteria for the Vulnerable Groups household categorv criteria 1 the poor below RMIB 95 of average monthly _ ~~~~~~~~income per person 2 the disabled the households having the disabled members 3 the women the households headed by women 4 the aged the households where the aged above 70 live alone 5 the ethnic minority the households having the ethnic l __________________________ minoritv members The following measures will be taken so as to ensure the rehabilitation of the living standards of the vulnerable groups after resettlement: 1. The governments of all levels (such as administrative villages, villager groups and so on) will make every effort to organize and provide labor force to help and support the vulnerable groups in building their new houses and relocating their households; 2. Give priority to satisfy the reasonable demands of the vulnerable groups, 43  RAP for the Fuling Water Supply Component of CUEP Chapter 9 such as taking precedence of choosing the new housing sites and operation place; 3. Make the specific compensation or poverty subsidy pavment, or reduce or remit their housing rental to the vulnerable groups in extraordinary difficulty according to the fact. The detailed standard will be formulated uniformly by the Project Resettlement Office according to the actual situation of different areas when the implementation is started. 9.5 Resettlement actions and implementation schedule In order to ensure all the PAPs and can be properly resettled, all resettlement implementation activities will be completed before initiation of the civil construction of the Component. The following table is the implementation schedule for the Component. 44  RAP for the Fuling W ater Supply Component of CUEP Chapter 9 Table 9.2 Monthly Implementation Schedule for Land Acquisition and Resettlement Content month 998 98 989 99 99 i 99 99 99 99 99 99 99 99 99 00 00 00 00 O 00 j /6 11 12 1/1 2 /34 /6 /7 1 /8 /9 10 11 2/1 /2 /3 /4/5 /6 Conduct the census of the j PAPs _ _; _, _ , _;_ _ _; carry out the socio-economic I .j survey staff ____________ _____ Prepare the RAP , set up resettlement offices | Conduct training for the staff , F _ __' !__ Consult with the PAPs ! apply for approval on land j i requisition & resettlement i - Inform the public about - j F T resettlement policy&program - - ' ji sign the resettlement contracts j - pay compensation Cultivated land redistribution - _ _ i _______j__ Resettlement implementation 1 j _i | |____l for affected residences - - - - - I I i j i Resettlement implementation l l_i___l___i_i_l_, for affected infrastructures F i I L Demolish old building and T r other ground attachments l__i__, i__l l__l__ begin the civil construction of the Component __ i _ i Independent monitoring _ T activ,ities i l l l, 4 45   RAP for the Fuling W ater Supply Component of CUEP Chapter 10 Chapter 10 Consultations and Participation 10.1 Consultations and participation The RAP of the Component has been prepared through the active participation of the PAPs. The participation began with the dissemination of the resettlement information on the Component to the PAPs. As early as the preparation for the Component, the scheme was decided through the solicitation of the PAPs' opinions. It is designed that detailed information 4issemination meetings will be held after the Construction Land Use Certificate is obtained. During the course of the preparation of the RAP, the PAPs have participated in the following activities: 1. The Component impacts on people and assets was decided through the census. The local governments and the representatives of the PAPs participated in the census. The summarizing data of the Component impacts are on the basis of detailed investigation to every affected household. 2. The socio-econornic survey has been carried out with participation of the PAPs and the representatives of the affected areas. Investigation and research to the PAP's living conditions, properties, income and especially their attitude and demand to relocation have been conducted. 3. In the course of designing the entitlement policies and compensation rates, and implementation program, the PAPs' suggestions and options were 46  RAP for the Fuling Water Supply Component of CUEP Chapter 10 considered. During the course of implementing and monitoring the land acquisition and resettlement, the PAPs and their representatives will participate in the following activities. 1. Realizing the resettlement policies and implementation details and putting forward their suggestions through participating in the propaganda assemblies. 2. Expressing further opinion on the resettlement policies, compensation standards and making their suggestions and demands on the resettlement methods through participating in the affected asset check and the discussions on specific resettlement program of every household. 3. The resettlement sites and methods of the relocated residents will be confirmed on the basis of consulting with them. 4. In case the PAPs dissatisfy with the compensation provided or other resettlement measures, they can voice their grievance. 5. The PAPs can find out the entitlement policies and implementation progress from the agencies concerned and arise their opinions and suggestions on the resettlement to those agencies. After the implementation of the land acquisition and resettlement, the PAPs and their representatives will participate in the following activities. 47  RAP for the Fuling Water Supply Component of CUEP Chapter 10 1. The PAPs can make the demands on restoring their living standards and production capacity, improving the facilities and infrastructures in their communities, etc., so as to harmonize with their new environment as soon as possible. 2. The PAPs will participate in the socio-economic impact survey carried out by the independent monitoring institution, and put forward their satisfaction degree on various aspects of the resettlement and their problems in rehabilitation of living standards so that the agencies concerned can do their best to solve various difficulties of the PAPs. 10.2 Resettlement Information Booklets (RIBs) To ensure that the PAPs and the local governments of the affected areas fully understand the details of the resettlement program, and also are informed about the compensation and rehabilitation packages applicable to the Component, the Resettlement Information Booklets (RIBs) will be distributed in the affected areas. The RIBs will contain two parts: Part I The basic features of the RAP A. Brief description of the Project components requiring land acquisition; B. Resettlement and rehabilitation policies for all categories of Component impacts; C. List of the agencies responsible for delivery of resettlement entitlements; D. Details of grievance redress and appeals procedures; E. Brief description of the internal and external monitoring process. 48  RAP for the Fuling Water Supply Component of CUEP Chapter 10 Part II Entitlements of the affected units and enterprises, households and persons. A. Description of the detailed impact of the Component on the specific households; B. Options for resettlement and rehabilitation. 49  RAP for the Fuling Water Supply Component of CUEP Chapter 11 Chapter 11 Redress of Grievances Since the entire resettlement and rehabilitation program is being carried out with the participation and consultation of the PAPs, it is expected that no major grievance issue will arise. However, to ensure that the PAPs have avenues for redressing their grievances related to any aspect of the land acquisition and resettlement, the detailed procedures of redress of grievances have been established for the Component. The procedures Stage 1 If any person is aggrieved by any aspect of the resettlement and rehabilitation program, he can lodge an oral or written grievance with the Village Administrative Committee. In case an oral compliant, is made, it will be written on paper by the receiving unit. The above issue will be resolved within 15 days. Stage 2 If the aggrieved person is not satisfied with the decision of the village administrative committee, he can bring the complaint to the attention of the Resettlement Office of the Qiaonan Economy and Technology Developing Area within 1 month from the date of the receipt of such decision. The above issues will be resolved within 15 days. Stage 3 If the aggrieved person is not satisfied with the decision of the Resettlement Office of the Qiaonan Economy and Technology Developing Area, he can bring 50  RAP for the Fuling Water Supply Component of CUEP Chapter II the complaint to the attention of the Resettlement Office of the Fuling Water Supply Component within I month from the date of the receipt of such decision. The above issues will be resolved within 15 days. Stage 4 If the aggrieved person is not satisfied with the decision of the Resettlement Office of the Fuling Water Supply Component or the aggrieved complaint is not responded within 15 days, he can bring the complaint to the attention of the Resettlement Office of the Chongqing Urban Environment Project within 3 months from the date of the original record. The Project Resettlement Office will reach a decision on the complaint within 1 month. Stage 5 If the aggrieved person is dissatisfied with the decision, he can appeal to the People's Court in accordance with the "Civil Procedure Act" within 15 days of receiving the decision of the Project Resettlement Office. Aggrieved Aspects PAPs can make an appeal on any aspect of the land acquisition and resettlement, including the compensation being offered. Detailed procedures for redress of grievances and the appeal process are publicized among the PAPs by distributing RIBs. In spite of the above procedures established for redressing grievances, in case any conflicts arise regarding the land acquisition and resettlement, the conflicting parties will first negotiate and mediate the case in cooperative effort. The above appealing procedures will be employed only when the mutual negotiation mediation fails. 51  RAP for the Fuling W ater Supply Component of CUEP Chapter 12 Chapter 12 Internal and External Monitoring and Evaluation To ensure that the implementation of the land acquisition and resettlement is carried out in accordance with the relevant requirements of the RAP and to guarantee the progress and quality of the resettlement action, the resettlement action will be monitored and evaluated both internally and externally during the preparatory arrangements and the implementation, and after the completion. 12.1 Internal Monitoring The Resettlement Office (PRO) of the Chongqing Urban Environment Project will undertake the routine internal monitoring and evaluation of the implementation of the land acquisition and resettlement so as to ensure that all the responsible units follow the schedule and comply with the principles of the RAP of the Component. Obiectives The objective of the internal monitoring is to monitor the implementation of the whole RAP for the Project. Responsibility 1. To ensure the implementation of the specific provisions of the Resettlement Action Plan; 52  RAP for the Fuling Water Supply Component of CUEP Chapter 12 2. Monitor the progress of various jobs regularly so as to identify and timely solve problems and to further ensure that the resettlement be completed in line with the schedule. Indicators to be monitored 1. Payment of Compensation to the various displaced residents and collectives according to the compensation rates described in the RAP; 2. The determination of the new housing sites and building plans in consideration of the affected residents' options. The number of households finishing building new houses at the scheduled time will be recorded. In order to compare the conditions of the old and new houses, the houses to be removed will be registered which will be kept in the file records of the project; 3. Rehabilitation of the affected infrastructure of the Component; 4. Redistribute the cultivated land within the affected administrative villages, and use the land compensation and resettlement subsidy to develop their collective economy. Personnel The PRO of the Fuling Water Supply Component will be responsible for the internal monitoring activities. They will collect information from the 53  RAP for the Fuling Water Supplv Component of CUEP Chapter 12 departments concerned once every 3 months and fill the information in the relevant tables. On the basis of such information collection, the database of monitored data and information can be set up at the PRO and renewed every 3 months. MethodoloLv & Procedure 1. Identify the major indicators to be monitored, and formulate corresponding tables for the departments concerned to fill in every month or season; 2. Carry out the sampling verification to examine the correctness of the filled tables; 3. Convene regular meetings to report on progress of the resettlement, and supervise the progress of implementation; 4. Pay visit to the project sites irregularly so as to appraise the progress of the on-site jobs; 5. Set up the system of regular report. Report The internal monitoring reports will be prepared every 6 months according to the data and information obtained from the survey tables. The reports will be submitted to the Resettlement Leading Group of the Fuling Water Supply Component and the Resettlement Office of the Chongqing Urban Environment Project. 54  RAP for the Fuling Water Supply Component of CUEP Chapter 12 The Resettlement Leading Group of the Fuling Water Supply Component will convene to discuss the internal monitoring reports after they are submitted. The Resettlement Leading Group of the Fuling Water Supply Component will identify those parts where the implementation of the resettlement is too slow or inadequate according to the resettlement and rehabilitation program. The internal monitoring reports will be submitted to the Resettlement Leading Group of the Fuling Water Supply Component and the Resettlement Office of the Chongqing Urban Environment Project once every 6 months by the Resettlement Office of the Fuling Water Supply Component. 12.2 External Monitoring and Evaluation In order to ensure the proper implementation of -resettlement, the independent consulting institute and the consulting specialist that is recognized by the World Bank, familiar with the Project and participate the resettlement planning of the Project will be entrusted as the external agency and personnel for independent monitoring and evaluation of the land acquisition, resettlement and rehabilitation activities of the whole project. Obiective Looking at the overall implementation from a broader, long term point of view, the independent monitoring and evaluation institute for the Project, will follow the resettlement activities to evaluate whether the goals of resettlement are achieved through: 55  RAP for the Fuling WN-ater Supply Comppnent of CUEP Chapter 12 1. Compliance with the specific provisions of the Resettlement Action Plan; 2. Improvement in the standards of living of the PAPs or at least maintenance of the pre-project levels of well-being. Responsibilities 1. Before implementation of the RAP, carry out the socio-economic survey on the PAPs including their standards of living; 2. During implementation of the RAP, conduct the overall monitoring of the RAP and raise suggestions on improving the implementation; 3. After implementation of the RAP, survey and evaluate the socio-economic influence of the Project. Indicators to be monitored In addition to the above-mentioned indicators, the independent monitoring and evaluation institute will also monitor and evaluate the following indicators: 1. Payment of compensation A. Pay sufficient compensation to all the PAPs and affected units and enterprises one month before the civil construction of the Project begins; B. Monitor and make detailed record of the type, rate, amouht, date and payee 56  RAP for the Fuling 'ater Supply Component of CUEP Chapter 12 of the compensation; 2. Linkage between the resettlement and the civil works construction of the Project The resettlement will be finished before the initiation of civil construction of the Component; 3. Rehabilitation of Infrastructures A. All the necessary infrastructures will at least be rehabilitated to their pre- acquisition level; B. The compensation for the infrastructures will be adequate for reconstructing it to the pre-acquisition level in quality; 4. Provision of Housing A. The PAPs will be provided with the new housing sites in accordance with their choice; B. The PAPs' new houses will be close to their old ones; C. The PAPs must move into the new houses 1 month prior to the civil construction of the Component; D. The compensation payment for self-constructed houses will be formulated in compliance with the criteria and features of the construction equivalent to the reconstruction cost of the house in spite of the depreciation and the value of the usable material of the old houses; E. Monitor and make detailed records of the PAPs specific requirements on 57  RAP for the Fuling Water Supply Component of CUEP Chapter 12 moving into the new houses, date of the moving and general resettlement of housing; F. The PAPs will obtain the resettlement compensation, transitional subsidy and award, etc. which they are entitled; 5. Satisfaction Degrees of the PAPs A. The PAPs' satisfaction degree and concrete opinions on various aspects of the resettlement program; B. The mechanism and speed of handling conflicts; 6. Living Standards of the PAPs Living standards surveys will be carried out on the PAPs and a control group. The survey will employ the combination of stratum sampling and group random sampling so as to identify and report the potential problems in rehabilitation of living standards. The general socio-economic survey and analysis will be conducted about 1 year after the land acquisition and resettlement is completed and report in written form the living standard and conditions of the PAPs after their resettlement so as to evaluate the actual impact of the implementation of the RAP on the living standard of the PAPs. Methodolo2v 1. Questionnaire in depth interviews and observational methods will be employed in the survey. The investigating staff, who have received systematic training, will make the on-the-spot investigation, talk with the PAPs so as to 58  RAP for the Fuling Water Supphv Component of CUEP Chapter 12 be informed of their ideas on various problems and therefore conduct the monitoring and evaluation of the Project from various angles and a wider viewpoint; 2. 10% of the directly affected households, and a number of households as the control group will be investigated in monitoring the implementation of the RAP;; 3. Data and information will be collected by the following methods: A. Apply questionnaires to the relevant villages, units, and households to be answered by individuals; B. Direct visit will be paid to the affected people and units; C. Groups on special problems will be organized so as to identify such problems as the eligible old PAPs, women, children, affected units and enterprises, etc. Investigation on such specific subjects will be made at least every 6 months and reports submitted accordingly; 4. The collected data and information will be analyzed according to the affected areas, resettlement site, time and types of the influence, compensation level, duration of the resettlement, etc.; 5. The independent monitoring and evaluation institute will maintain a database, which are composed with the data and information collected for various reports. Every project-affected household and enterprise will have a separate record in the database which will be continuously renewed according to the latest information. 59  RAP for the Fuling Water Supply Component of CUEP Chapter 12 Report The independent monitoring and evaluation institute will compile reports of monitoring and evaluation every 6 months after the implementation of the RAP begins. The report will compose of a quantitative part (in order to verify the data and information provided in the internal monitoring report) and a qualitative part (see the above). The report will be submitted to the Resettlement Leading Group of the Fuling Water Supply Component, the Resettlement Office of the Chongqing Urban Environment Project, and the World Bank on April 30 and October 31 every year. To be more specific, the report will consist of the following 5 parts: 1. Verify the implementation of the RAP; 2. Review whether the compensation, resettlement, and rehabilitation have met the major objectives stipulated in the RAP; 3. Report the participation and satisfaction degree of the PAPs on the resettlement program; 4. Identify the main problems in carrying out the RAP and raise suggestions on solving problems and improve the overall efficiency of the land acquisition and resettlement program; 5. Report the actions taken by the departments concerned as suggested in the last report. 60  RAP for the Fuling Water Supply Component of CUEP Chapter 12 The Resettlement Leading Group of the Fuling Water Supply Component and the Resettlement Office of the Chongqing Urban Environment Project will convene a meeting to discuss and decide solutions on the problems identified in the independent monitoring report immediately as soon as possible after it is submitted. According to the problems raised in the report, the measures which should be taken will be decided. 12.3 Submission of the monitoring reports All the monitoring reports of the land acquisition and resettlement of the Component are listed as follows: Table 12.1 The schedule for submitting the monitoring reports The reporter the reported name frequency/time The Component The Component The internal Once every six months Resettlement Office Resettlement monitoring (Feb 28 and Aug 31 Leading Group, report every year) The Project Resettlement Office The independent The Component The external Once every six months monitoring and Resettlement monitoring (Apr. 30 and Oct 31 evaluation institute Leading Group, report every year) The Project Resettlement Office , The Project Resettlement Leading Group, _The World Bank I 61