RP1 56 Volume 5 ZHEJIANG URBAN EVIRONMENTAL PROJECT Resettlement Action Plan of Jiangdongnan Sewage Treatment Plant and Related Pipelines Project of Ningbo City (Fifth edition) Ningbo Urban Infrastructure Developing Office April 2003 ABBREVIATION BCMDI Beijing Colored Metallurgy Design Institution DRO Demolition and Resettlement Office LVC Lingjia Villagers' Committee NHDAO Ningbo House Demolition Administration Office NLAB Ningbo Land Administrative Bureau NRCR National Research Centre for Resettlement of Hohai University NUIPLG Ningbo Urban Infrastructure Project Leading Group PAP Project Affected Person PAU Project Affected Unit PMO Ningbo Urban Infrastracture Developing Project Management Office RAP Resettlement Action Plan YHDAO Yinzhou House Demolition Administration Office YLAB Yinzhou Land Administrative Bureau CONTENTS Definition of Resettlement Terminology 1 Basic Situations of the Project ....4 1.1 BRIEF INTRODUCTION OF THE PROJECT.4 1.2 AREAS AFFECTED AND SERVED BY THE PROJECT ............................................5 1.3 SOCIAL AND ECONOMIC BACKGROUND IN THE PROJECT AREA .......... ...............8 1.4 PROJECT DESIGN PROCEDURE .................................................................... 12 1.5 TOTAL INVESTMENT AND CAPITAL SOURCE ....................... ............................ 13 1.6 MEASURES TAKEN TO DECREASE AFFECTS ................................................... 13 2 Project Impacts ............ 17 2.1 PERMANENT LAND ACQUISITION AND TEMPORARY LAND OCCUPATION ........... 18 2.2 HOUSE DEMOLITION ................. ............................................ 18 2.3 PAP ............................................................. 20 2.4 AFFECTED VULNERABLE GROUP ............................................................. 21 2.5 AFFECTED GROUND ATTACHMENTS ............................................................. 22 3 Aims of Resettlement .23 4 Socio-economic Survey on Samplings of PAPs and Enterprises .......... ............ 24 4.1 SURVEY RESULTS OF BASIC CONDITION OF AFFECTED VILLAGES ................... 24 4.2 RESULTS ANALYSIS OF SOCIO-ECONOMIC SURVEY OF PEASANT HOUSEHOLDS25 5 Legal and Policy Framework ............................................. 29 5.1 LAWS AND POLICIES REFERRED IN RESETTLEMENT ............... ........................ 29 5.2 LAWS AND POLICIES INVOLVED IN RESETTLEMENT ......................................... 30 5.3 RESETTLEMENT POLICIES OF THE PFOJECT ......................... ......................... 42 6 Compensation Rates .48 6.1 PEASANTS' HOUSE DEMOLITION .48 6.2 COLLECTIVE LAND REQUISITIONED .49 6.3 GROUND ATTACHMENTS .50 7 Resettlement Methods ............................................................... 51 7.1 RESETTLEMENT OF HOUSE DEMOLISHMENT ............................. ..................... 51 7.2 RESETTLEMENT FOR LAND ACQUISIT ON ........................................................ 53 7.3 REHABILITATION PLAN FOR AFFECTED VULNERABLE GROUPp .......................... 54 7.4 REHABILITATION OF INFRASTRUCTURE AND GROUND ATTACHMENTS AFFECTED55 8 Participation and Consultation .56 8.1 PUBLIC PARTICIPATION .56 8.2 PUBLIC OPINIONS SURVEY .59 1V 8.3 PUBLIC PARTICIPATION PROCESS AND POLICY DISCLOSURE .......................... 60 9 Integration with Host Residents .......................... ................................. 62 10 Procedures of Appealing ..63 11 Organizations ..65 11.1 IMPLEMENTATION ORGANIZATIONS .65 11.2 ORGANIZATIONAL CHART .67 11.3 ORGANIZATIONAL CAPACITY .68 11.4 RESPONSIBILITIES OF INSTITUTIONS .70 11.5 MEASURES FOR STRENGTHENING INSTITUTIONAL CAPACITY .76 12 Schedule of Implementation ..78 12.1 RESETTLEMENTAND IMPLEMENTATION OF THE PROJECT .78 12.2 IMPLEMENTATION SCHEDULE OF RESETTLEMENT .78 13 Cost and Budget .81 13.1 COST .81 13.2 ANNUAL INVESTMENT PLAN .83 13.3 CAPITAL RESOURCE .83 13.4 CASH FLOW .83 14 Monitoring .85 v 14.1 INTERNAL MONITORING AND SUPERVISION .................................................. 86 14.2 EXTERNAL INDEPENDENT MONITORING INSTITUTION ... .................................. 88 14.3 MONITORING INDICATORS ........................... . 90 14.4 EX-POST EVALUATION ........................... 91 15 Entitlement Matrix ............................. 92 Appendix 1 Outline of Independent Monitoring and Evaluation on Resettlement ..... 95 VI Table Contents Table2.1 Permanent Land Acquisition and Temporary Land Occupation of Jiangdongnansewage treatment plant and related pipelines .................................... 18 Table 2.2 Houses and Attachments Affected by Jiangdongnansewage treatment plant and related pipelines ............................................................ 19 Table 2.3 Distributing Statistics of Acreage of Affected Houses ............................... 19 Table 2.4 PAPs of Jiangdongnansewage treatment plant and related pipelines ..... 20 Table2.5 Ground attachments and Public Facilities Affected by Jiangdongnansewage treatment plant and related pipelines ............................................................ 22 Table 4.1 Basic Condition of Lingjia Village of Gongmiao Town of Yinzhou District 25 Table 4.2 Annual Income and Expenditure Structure of Surveyed Households ...... 28 Table 6.1 Displacement Price for All Kinds of Houses .............................................. 48 Table 6.2 Compensation Rate for House Attachments ............................................. 48 Table 6.3 Cost Standard for Movement Resettlement .............................................. 49 Table 6.4 Compensation Rate for Land Requisitioned Permanently ........................ 50 Table 6.5 Compensation Rate for All Kinds of Attachments ..................................... 50 Table 7.1 Basic Situation of Some Enterprises Near to Linjia Village ...................... 54 Table 8.1 Public Opinion and Psychology Questionnaire .......................................... 59 Table 8.2 Public Participation Process ............................................................ 60 Table 8.3 Policy Disclosure ............................................................ 61 Table 11.1 Staffing of the Resettlement Institutions Involved in the Project ............. 69 Table 11.2 Principals of Key Implementing Agencies Involved in Project ................ 69 Table 12.1 The Schedule of Land Acquisition and Resettlement ............................. 80 Table 13.1 Buget for Resettlement Induced by Ningbo Jiangdongnan sewage treatment plant and related pipelines ............................................................ 81 Table 13.2 Annual Investment Plan ............................................................ 83 VH Vill Definition of Resettlement Terminolocy This Resettlement Action Plan (RAP) is prepared according to the Laws and Regulations of PRC, and Zhejiang Province as well as the Guidelines of the World Bank (Operational Directive for Involuntary Resettlement OP 4.12). The purpose of this document is to set out an Action plan for the Resettlement and Rehabilitation of the Project Affected Persons (PAPs) to ensure that they will benefit from the project and their standards of living will improve or at least be restored after the project impact. Acquisition of land and other assets for the project will adversely affect the livelihood of persons who live, work or earn their living on the land that will be acquired for the project. PAPs are defined as those persons whose income or livelihoods will be adversely affected by land acquisition for the project. PAPs include the following categories: a) Persons who have a title, right, interest, in structures (houses, enterprises, shelters, or public buildings), land (including residential, agricultural, and grazing land)or any other asset acquired or possessed, in full or in part, permanently or temporarily; b) Persons who use the structures, land or assets described above; or persons whose business, occupation, work, place of residence or habitat adversely affected; or c) Persons whose standard of living is adversely affected as a consequence of land acquisition. A definition of PAPs is given below: Definition of the PAPs: "Affected Persons" means persons who on account of the execution of the project had or would have their: a) standard of living adversely 1 affected; or b) right, title or interest in any house, land i(including premises, agricultural and grazing land) or any other fixed or movable assel. acquired or possessed, temporarily or permanently; or c) business, occupation, work or place of residence or habitat adversely affected, and "affected Person" means individually all those who qualify as "Affected persons." PAPs may be individuals or legal persons such as a company, a public institution. Definition of PAPs is not limited to their legal registration or permission to live or conduct business in the affected location, or their title to property. Thus, it includes: a) All those affected by the project regardless of their legal rights or absence thereof to the assets being taken; and b) Persons without residential permit to live in a certain area. Therefore all such persons who are affected will need to considered and recorded as PAPs, regardless of their legal connection to assets land or location. If there are more than one person, family or household us ng or holding a title to the same land or property that is acquired, they will be compensated and rehabilitated according to the loss they suffer, their rights, and the impact on their living standards. The definition of PAPs is linked directly tc the adverse effect of the project, regardless of legal rights title or interest. All PAPs are entitled to the improvement or at least restoration of their standards of living, and compensation for the material losses they suffer. Compensation for assets will cover replacement cost. No deductions or discounts will be applied to the compensation amount for depreciation or other reasors. All PAPs deriving an economic benefit from the affected land and property are entitled to receive rehabilitation benefits in addition to the compensation for their assets lost. Those PAPs without title, authorization or legal permission to reside, conduct business, 2 cultivate land or construct structures are eligible for rehabilitation of their livelihoods and compensation for their assets on an equal footing with those with formal legal title, authorization or permissions to the assets. The term RESETTLEMENT includes: a) the relocation of living quarters; b) finding acceptable new employment for those whose jobs are affected; c) restoration (or compensation) of affected productive resources such as land, workplaces,, trees and infrastructure; d) restoration of other adverse effect on PAPs' living standards (quality of life) through land acquisition (such as the adverse effects of pollution); e) restoration of or compensation for affected private and public enterprises; and f) restoration of adversely affected on cultural or common property. Rehabilitation means: the restoration of the PAPs' resource capacity to continue with productive activities or lifestyles at a level higher or at least equal to that before the project. The objective of this RAP is to provide a plan for the resettlement and rehabilitation of the PAPs so that their losses will be compensated and their standards of living will be improved or at least restored to the pre-project levels. To achieve these objectives the plan provides for rehabilitation measures so that the income earning potential of individuals are restored to sustain their livelihoods. Affected productive resources of businesses (enterprises including shops) and public property. Infrastructure and cultural property will also be improved or at least restored to their pre-project levels. 3 1 Basic Situations of the Project 1.1 Brief Introduction of the Project In order to improve the reseidents' living standard and ameliorate environment quality of water body in Ningbo, Ningbo plans to construct Jiangdongnan Sewage Treatment Plant and related sewage main pipelines financed by World Bank. The project is composed by 2 following components, including Jiangdongnan Sewage Treatment Plant and related sewage main pipelines. 1.1.1 Jiangdongnan Sewage Treatment Plant Jiangdongnan Sewage Treatment Plant, which is planned to construct, locates in Yinzhou, south of Sanjiang area, 75 m away from Hangyong highway in north, 100m away from Fenghua in west. The first period project covers land of 11.32ha, disposal capacity 160 thousand m3/d, whose serving area includes southwest of Sanjiang area of Ningbo,centre district of Yinzhou,old town of Cicheng,Dongqianhu town and surrounding area of Dongqianhu. Treatment level is grade two, adopting the technics of A/O for dephosphorization, and desidned quality of in-water (mg/I): BOD5 120; CODcr 240; NH3-N 30; TP 4; SS 150 and that of out-water (mg/I): BOD5 30; CODcr 120; NH3-N 25; TP 1; SS 30. The residual water after the treatment is discharged into Fenghua River. At the same time of construction, land for expending construction of 400 thousandlands m3/d should be taken into consideration. 4 1.1.2 Related Drainpipe Related drainpipe includes, sewage main pipeline construction of Jiangdongnan road,airdrome road,Baiyun road,Yinfeng road and south road of rings road, at the same time, constructing some urban drainpipe of Sanjiang area. Newly constructed sewage pipeline is 43.22km in length, including 0.6km of cross-river pipe in two places. It supports the construction and alteration of pipeline, two exalting pump stations for sewage, which are Ningzhong sewage pump station and Wudongzha sewage pump station, are altered and construct Wangchun sewage pump station and Choubi sewage pump sation newly at the same time. 1.2 Areas Affected and Served by the Project 1.2.1 Areas Served by the Project Ningbo is a modern international port city in the southeast coast, national famous city with its history and culture, which is the economic center of south of Yangtse Delta. Yuyao river and Fenghua river converge as Yongjiang (called Sanjiang all together) in old city, folwing across Zhenhai and Baileng and ending in East Sea. Central city is composed of Sanjiang(including old city,District for Industrization of Technology,center district of Yinzhou,Qiuyi) Zhenhai and Baileng, among which Sanjiang is the core. According to drainage plan of Ningbo, there will be established two sewage treatment plants in Sanjiang in 2021, including Jiangdongnan Sewage Treatment Plantand that of north borough of Jiangdong, in future, sewage treatment plant of Jiangbai will be set up, and divides into three sewage treatment systems. At present, total sewage discharges of urban area is about 400 thousand m3/month, which includes 181 thousand living sewage, accounting for 45.3%. Part of sewage is 5 discharged though pump station (accounting for 46% of total discharges from civil pipeline system), the other flows with gravity or through overfall into Sanjiang and Nehe. The first period project of Sewage Treatment Plant of north borough of Jiangdong, constructed in1 998, has 50 thousand m3 treatment capacity, which serves north area of Jiangdong. That plant is the only one two-stage sewage treatment plant in Ningbo at present, with acreage of 6.36 KM2 and population of 100 thousand. Two-stage treatment rate of urban sewage is just 12.5% in 2000. Due to unconstruction of Jiangdongnan Sewage Treatment Plant, a lot of industry and living sewage are discharged to Fenghua river and Nehe, flowing across urban area, directly without any treatment through concourse pipes, which lead to serious pollution of water body, and water quality arranges during IV-V level, the indexes of COB and CBOD5 of some section of Fenghua river in urban area are worse than V level, classified as organic pollution. According to inspection of environmental protection departments, the decrease of water quality of river in urban area threatens the quality of in-water of two waterworks, which are Jiangdong and Nanjiao. With the construction of sewage treatment plant and related pipeline of north borough of Jiangdong, it makes sewage in north of urban area be disposed and utilized, then, sewage discharge and treatment of south in urban area becomes more and more serious and impending. A lot of uptowns have been constructed in south of urban area presently, such as Baiyun community,Lianfeng new village,Jinghua garden, Xinhe community etc., which serves more than 200thousand people. Further, the south locates in the upstream of urban water body, which plays an important role in improving city water environment. Planned scale of sewage treatment plant of south area of Jiangdong is 400thousand ton/day, and treatment level is grade two, in which the first period scale is 160 thousand ton/day, collecting sewage along the line of Jiangdong south road, ringing 6 city west road and ringing city south road etc., after the implementation of main pipeline, estimated sewage collecting capacity will be up to 120-140thousand ton/day, which will ameliorate environmental conditions of that area greatly. In general, in order to improve living standards of residents and ameliorate environmental quality of city water body, the construction of sewage treatment plant and main pipelines of Jiangdongnan is pressing and impending. 1.2.2 Area Affected by the Project Affection of sewage treatment plant and related main pipeline of Jiangdongnan covers two parts, rural and urban parts, in which rural part involves land acquisition and demolition, otherwise, urban part only involves part of urban transportation roads, affected by the implementation and layment of pipeline. According to the stipulation of State Land Administrative Law, urban land is stated owned, so there is no compensation for land acquisition in urban area, and due to along road center or side layment of pipeline. Site of pump station has room, so it does not involve land acquisition and demolition. Land acquisition and demolition induced by that project involves Lingjia village of Zhonggongmiao town of Yinzhou borough of Ningbo, which induced 170mu' land acquisition of collective-owned land permanently. 83 households and 267 people are affected by land acquisition, which includes 165 labors. Urban land of 126000m2 is for the tempory purpose of that project. 97 rural private houses, with acreage of 9552 m2 and 314 PAPs, of Lingjia village of Zhonggongmiao town of Yinzhou borough are demolished for that project. Ground attachments, affected by that project, include 8 categories. 1 lmu 1/15ha 7 1.3 Social and Economic Background in the Project Area The serving area of that project mainly covers Jiangdong and Haishu of Ningbo. Yinzhou are affected by the land acquisition for that sewage treatment plant. 1.3.1 Jiangdong District Jiangdong district locates in the frontier of development of the east of Ningbo, key constructed new district, which faces Beilun harbor in the east, big harbor of east, faces Sanjiangkou in the west, most prosperous area of \iingbo, and connects with technology park in north, in south joints with high education park. It covers 37.66km2, with population of 290 thousand. GDP of whole district is 20.8hundred million yuan and finance revenue is up to 4.21 hundred million yuan in 2001. Jiangdong district has its own advantage in geological location, with convenient transportation. Huhangyong expressway jointed with alleyway alonging the sea in Jiangdong district, and it is about 20 minutes driving distance to deep water harbor(Beilun harbor), in 1.5hours, 3hours arriving in Hangzhou, Shanghai respectively. Ningbo Lishe airport, 15 driving distance to Jiangdong, can fly to 29 key cities in domestic and Hongkong, macao directly, and charter flight lines to tour to Seoul, Bangkok are provided. And Hangzhou Xiaoshan international airport is in one hour' road distance. With the construction of oversea bridge between Ningbo and Shanghai, with 36km in length, then, you can arrive Shanghai in two hours from Ningbo. There is well- developed transportation in the district, the construction of key transportation such as Century road with 108 m in length etc. will further optimize the transportation condition. Jiangdong district has good economic basis. With several years development, a lot of new technology enterprises and technology-oriented enterprises at national, provincial and municipal level have formed, and the comprehensive cooperation with more than 20 universities and institutions such as China Academic of Science, 8 Zhejiang University, Shanghai University etc. have established early or late, which have facilitated the combination of industry and research. New technology industry group has formed infantly, which is represented by new materials, integrated of machine and electricity and electric information. The service industry has a good development in Jiangdong district, with well-functioned urban service , elegant environment and good public security. Since the reform and opening-up, tha acreage of urban area has increased by ten times, 15 living sections have been established in last 5 years, modern communities with high quality such as Huaguang town, Huaqiao town and Donghai garden have been set up successively, Jiangdong has become biggest living area of Ningbo and a good place for living and buying houses. 1.3.2 Haishu District Haishu district is the center of politics, economy, culture and finance, as old urban area and municipal center. It is famous for Haishu Building, a drum-tower of Tang dynasty. It faces Yuyao River in north, and faces Fenghua river in east and connects with Yinzhou in south, with the acreage of 28.7km2 and population of 263 thousand and administering 8 streets. Haishu district has its advantage in geological location, with convenient transportation, 8 km far away from Lishe airport, which is Ningbo international airport leveled grade two, and international deep-water harbor locates in the east of Haishu district, people of south station of Ningbo railway and Huhangyong high way live in Haishu district. Haishu district also is the information hub of Ningbo, with developed communication facilities and communication network, with international level, covering the district. Haishu district, as business and finance center of Ningbo, has prosperous economy and well-equipped entertainmental facilities. At present, there are more than 50 9 comprehensive markets and agricultural products markets, with full function and serving the mass, such as Mingxing electric apparatus market, Meilemen computer market, Gaotang agricultural products market, are in the district. GDP of whole district is 20.3 hundred million yuan in 2001, increased by 13.9 than that of last year; financial revenue is 4.38 hundred million yuan, increased by 38.9 than that of last year, among which turnover of tertiary industry is up to 132.62 hundred million yuan, accounting for 32.3% of GDP. Haishu district emphasizes to develop outside economy, and tries to improve investment environment. 27 enterprises in the three forrns had been approved in 2001, and total investment was up to 4:3million US$. Foreign trade export of whole district was 7.45 hundred million yuan in 2001, increased oy 25.2 than that of last year; Foreign tade self-support was 71.73 million US$, increased by 44% than that of last year. Exported products such as relay, rosewooded furniture, silk cloth etc. are saled to countries and regions of Japan, United States, soLith-east Asia etc. Foodstuff and vegetable are the mian agriculture proclucts in Haishu district. In recent years, great efforts were made to extend applicable technics for agriculture and stablize food production, and orient to market, initiatives were taken to develop economic crops such as shed vegetable, melon and fruit, flower, at the same time Improve deep processing ability of agricultural products, so that it can guarantee increasing efficiency of agriculture, increasing income fo, peasants and stability in village, and there are two streets involved in agriculture had become first new villages of socialism with provincial level. Total revenue of agricultural economy in whole district is 4,19 million yuan in 2001. Plan for modernization of agriculture and country is being implemented actively. 1.3.3 Yinzhou District Yinzhou district locates in the east coast of Zhejiang province, near to Shanghai, Hangzhou, bordering on east, south, west of Ningbo, is a district of Ningbo, and 10 district peoples' government is established in Jiangdong of Ningbo. The figure of whole district is just as a butterfly, with acreage of 1380km2 and farmland of 570thousand mu, mountain forest of 1 million mu. The coastline is 24 km in length, there are 21 towns, 2villages(towns), 1 industry park, with population of 725thousand. Economic construction is the center of Yinzhou district, a lot of money have been invested in building infrastructure such as transportation, energy, communication successively in recent years. GDP of whole district is 170.17 hundred million yuan in 2001, and finished financial revenue is 18.5 hundred million yuan and average annual income of peasant is 5922, and average wage income of on-guard workers of enterprises is 16281 yuan. Yinzhou district is an important industry and commodity food base of Zhejiang province, total production of food of whole district is 249.8 thousand ton in 2001, and 19 agriculture products got name brand at city level. Yinzhou district is a typical 'county of fish and rice' of south of Yangtze, with steady and high production, forest, herd, auxiliary, fishing etc develop well, among which Chinese iris and caladium is accounting for more than 70% of that of whole county. Special agriculture and agriculture industrization develop rapidly, ten agriculture product and byproduct bases, such as food, chinese iris, bamboo, tea, pig, vegetable, fruit, aquatic product etc have been established. There are 12094 rich families of growing grains and mixed farming, 230 'one village one product' villages with their own characteristics and 25 leading agriculture enterprises at city level. Yinzhou district has more than 14000 industry enterprises, which has formed comprehensive system with all kinds such as cloth, machine electron, car equipment, food etc. Moreover, other main industries of Yinzhou district are grass-made products, food, chemical, building materials, culture and education and paper making etc. There is one national resound brand and 30 name brands identified by government at superior to municipal level. Economic development strategy of outside economy is beirig implemented in Yinzhou district. Total amount of self-supporting imports and exports is 1271.16 million US$ in 2001, among which self-supporting exports is 974.33 million US$, and really-utilized foreign capital is 81.26 million US$. There are 14 enterorises in the three forms, invested more than ten million US$, in the district. Yinzhou center area is 2 km far away from Ningbo center, and planned total areage is 33km2, which is the biggest prestigious project and new economy pushing over new century and is politics , economy and culture center of Yinzhou in future, and is assistant central city of Ningbo. Yinzhou district has good transportation facilities, traversed by Huhangyong highway andi alleyway alonging sea, and Ningbo Lishe international airport locates in Shigan town of Yinzhou district, which is crossed by Bailun railway, main railway, and Yinzhou alleyway has come to work. There are 858.9km road in whole district by the end of 2001, road density is 62.2km/hudred kM2, which is in the front place in whole province. Yinzhou district shares its telecommunication net with Ningbo, and there is 203.8 thousand phones by the end of 2001, and density of phone popularization is 27.8 tel/lhundired persons. 1.4 Project Design Procedure Beijing Colored Metallurgy Design Institution was entrusted to carry out pre-feasibility study in 1998. The compilation of Feasibility Study Report on Sewage Treatment Plant and Related Pipelines of South Are of diangdong of Ningbo was finished in March 2000. In April 2002. Ningbo Environemental Protection Science Institute was entrusted by Ningbo Urban Infrastructure Developing Office to finish environmental protection design and Evaluation Report on Environmental Afft,ction and Ningbo Urban Industrial Pollution Contol Plan. Compilation of feasibility study of the project wil be finished in Oct 2002. 12 1.5 Total Investment and Capital Source The project is urban infrastructure construction project, and Ningbo Peoples' Government is responsible for investment and construction, and the funds are composed of domestic supporting funds and World Bank Loan. Altogether,the project needs 402.1146 million yuan, including 283.8378 million RMB yuan construction cost(135.9213 million yuan for Sewage Teatment Plant, 147.9165 million yuan for sewage pipeline project), and other cost 11 8.2768million yuan. Capital source: 26.1270million US$ World Bank Loan will be used, which is amounting to 216.5928 million RMB yuan. And other construction capital will be settled by supporting capital from domestic cities. 1.6 Measures Taken to Decrease Affects 1.6.1 Project Plan and Design Period In the period of project planning and designing, in order to decrease the impacts to local socio-economic induced by the project, some effective measures are taken by esigning institution and project Owner: A, In the period of project planning, while choosing and comparing optimization optios, they tried best to consider the impacts on local socio-economic, and took it as key factor for comparing optimization options; B, Sewage pipelines were laied in the middle or side of road in urban area, in this way house demolition can be avoided to some extent; C, In orienting road and riverway of urban area, design institute analyzed the line orientation reasonably, and tried to decrease house demolition; 13 D, Optimizing design and arranging general outline of protection area reasonably is to try to decrease house demolition. 1.6.2 Project Implementation Period A Alleviate affects on urban transportation Pipelines were laied in the middle or side of road. Dug of rcad will bring great impacts on local transportation, which should be taken into full consideration in formulating implementation option by project developer. As for ternporary pavement for traffic jam, special traffic police should be arranged to work to maintain normal traffic rules. When it comes to construction methods, subsection construction should be carried out, and tried all efforts to complete digging, draining, backfilling. As for road with traffic jam, efforts should be taken to avoid rush hour (for example constructing in night, in orader to guarantee smooth traffic in daytime). B Measures to Decrease Dust Clay dug out from ditch are piled in the iroad in construction, dirts winnowed by wind and machine in dry season affects neighboring residents and factories. In order to decrease impacts on surrounding environment, once it is fine and windy successively, surface of discarded soil will be watered, which avoids winnowing dust. Construction organization will plan treatment of discarded soil on schedule, and do not over load in transporting, some measures should be taken to guarantee vehicle, loaded soil, not drop, wheels should be washed before vehicles putting off, which avoided dust dropping along the road and affecting environment. At the same time, clean regulations on road in front of construction organization should be employed, once there is dust, it should be cleaned in time. C Control Construction Noise 14 Noise induced by digging ditch in pipeline construction, bray sound of carrying transportation, sound of engine, mix round sound of concrete and sound of road rollers, in order to decrease affects on neighboring residents, construction are prohibited during eleven o'clock PM to next 6 o'clock AM in 200 meters area, at the same time, machine with low noises should be taken into consideration in choosing construction facilities and construction methods by construction organization. As for building site, which has to construct in night and affects sound environment of neighboring residents, some measures should be taken to getting ride of noise of construction machine. At the same time, some temporary equipments such as sound barrier in construction surrounding or residents center were set up to guarantee sound environment quality of residents community. D Disposal of On-spot Castoffs in Construction Area Project developer and construction organization should contact with local environmental protection department in time, clean up living on-spot castoff timely to guarantee tidiness of construction sites. 1.6.3 Land Acquisition, House Demolition and Resettlement Action Planing and Implementing Period Once land acquisition and house demolition cannot be avoided, following measures should be taken to decrease affects on local community. A, To strengthen collection of basic information, and make further analysis of local socio-economic actuality and future development, and formulate feasible resettlement action plan combining with local real condition, so it can guarantee PAPs donot make a loss due to project. B, To encourage public participation, and accept the supervision from the mass. 15 C, To emphasize internal and external monitorincl, and set up effective and smooth feedback mechanism and channel, try all best to shorten the period of information treatment, in order to safeguard all Ikinds of issues, emerging in construction implementation, would be settled timely. 16 2 Project Impacts In order to know the impacts of project, in Aug. to Sept. 2002, Project Office organized a special investigating group to conduct particular survey of project impact with the requirement of World Bank. The survey covers all villages and villagers affected by land acquisition and demolishment, adopting the method of survey on each households and interviews. The survey covers 97 households affected by land acquisition and demolishment, which includes the quantity of resettled households, family population, and acreage of all kinds of demolished etc.. In survey on real materials of being demolished, resettlers participate in whole process. The advice on land acquisition and resettlement from village committee and villagers are taken into consideration and wide negotiation is carried out in survey. Land acquisition and house demolition of this project involves Lingjia village of Zhonggongmiao town of Yinzhou district of Ningbo. 170mu collective-owned land is requisitioned permanently by the project, which involves Lingjia village of Zhonggongmiao town of Yinzhou district. 83households with 267PAPs, including 1651abors, of that village are affected by land acquisition 126000m2 landin urban area is occupied for temporary purpose. Houses of 97 households, 314PAPs, with acreage of 9552 m2, of Lingjia village of Zhonggongmiao town of Yinzhou district are demolished by the project. There are 8 kinds ground attachments affected by the project. 17 2.1 Permanent Land Acquisition and Temporary Land Occupation 170mu collective-owned land is requisitioned by Sewage Treatment Plant of South area of Jiangdong, which affects Lingjia village of Zhonggongmiao town of Yinzhou district of Ningbo. The Lingjia Village is located in the south suburb of Ningbo, and it is about 5 km away from Ningbo Downtown. Due to its having been lined out as planned land for Ningbo urban area in 2001, all villagers have transferred from agriculture to non-agriculture and become urban residents of Ningbo. At present, there is no crop in land. In addition, 126000m2 189mu state-owned land is affected temporarily in the period of laying sewage pipeline. Table2.1 Permanent Land Acquisition and Temporary Land Occupation of Jiangdongnansewage treatmrient plant and related pipelines Unit: mu Permanent Temporary County Village land land District Town Village acquistion occupation Yinzhou Zhonggongmi district ao town Lingjia village 170 State-owned land in urban area 189 Total 170 189 2.2 House Demolition Houses of 97 households, 314PAPs, with acreage of 9552 m2, of Lingjia village of Zhonggongmiao town of Yinzhou district are demolished by the project. There are 1767 m2 steel-concrete structure house, 3:391 M2 brick-concrete structure house, 1624 m2 brick-timberwork structure house, 2770 M2 simple structure house. In addition, some attachments to house are affected by demolition. Details can be seen in Table 18 2.2. House acreage of 93% of demolished households is over 45 , only that of 7households (7%) is less than 45 , which is the smallest set of resettlement house. See Table 2.3. Table 2.2 Houses and Attachments Affected by Jiangdongnansewage treatment plant and related pipelines Item Unit Quantity Steel-concrete Construction houses m2 1767 Brick-concrete Acreage of Construction demolished houses m2 3391 residents'house Brick-timberwork houses m2 1624 Simple construction houses m2 2770 ____________ Total m2 9552 Cement ground level m2 2700 Attached houses such as Attachments to |cowshed, pigpen etc. m2 300 house I Bounding wall m2 1800 Telephone set 60 | CATV household 90 Table 2.3 Distributing Statistics of Acreage of Affected Houses House Acreage Households Proportion Persons Proportion Total area Proportion ( m2 ) ( m2) House Acreage(20 0 0% 0 0% 0 0% 20sHouse Acreage (30 5 5% 5 2% 110.37 1% Acreage (30 30SHouse Acreage (45 2 2% 3 1% 83.44 1% Subtotal 7 7% 8 3% 193.81 2% 45<House 13 13% 32 10% 671.53 7% 19 House Acreage Households Proportion Persons Proportion Total area Proportion (m2) (m2) Acreage (65 House AcreageF165 77 80% 274 87% 8686.66 91% Acreage S165 Total 97 100% 3 4 100% 9552 100% 2.3 PAP 97 households of Lingjia village, with 314 persons, a,e affected by the project, among which there are 149 labors, affected by land acquisition. Table 2.4 PAPs of Jiangdongnansewage treatment plant and related pipelines Unit: household, person Affection type Sub-total Affected households 83 Land acquisition PAPs 267 Including: labors 165 House demolition Affected households 97 |PAPs 340 Totai2 Affected households 97 _______ ______ PAPs 314 |Including: labors 165 2There is repetition between households and population affected by lard acquisition and house demolition, among which house demolition affected whole population of village, so affected households and population is that of Linhjia village. 20 2.4 Affected Vulnerable Group In conducting socio-economic survey, 7households, whose housing acreage are less than 45 , are found, and they are relative poor in housing during the affected people. 21 2.5 Affected Ground Attachments There are 8 kinds ground attachments affected by the project. See Table2.4. Table2.5 Ground attachments and Public Faci ities Affected by Jiangdongnansewage treatment plant and related pipelines Item Unit Quantity Public toilet One 2 10 kv electrical pole Pole 6 380v electrical pole Pole 10 Transformers Set 1 Open canal l \2 200 Machine-ploughed road rA2 180 Green house m2 2668 Big tree 5years COne 70 Sapling 3years Cine 140 22 3 Aims of Resettlement The aims are: (1) To optimize the design and keep the project away from area with much population, multi-story high buildings, to reduce quantity of demolition as much as possible, and to minimize the involuntary resettlement; (2) To carry out involuntary resettlement as a component of the project, to provide adequate funds for PAPs and to ensure that they can benefit from the project; (3) To pay the PAPs all the compensation fees before they move out; (4) To give help to PAPs when they move out and to ensure that they can get help in resettlement area; (5) To ensure PAPs socially and economically integrate with the residents in resettlement area; (6) To improve the living environment, to well equip the area and make it a sub-district with convenient transportation and beautiful environment; (7) To minimize the loss of enterprises and institutions caused by land acquisition and demolition. If demolition is inevitable, they will be compensated for the loss of suspense of business and production. What's more, they will be resettled properly and get help to restore the business or production as soon as possible. (8) To encourage PAPs to take part in compilation of RAP and resettlement. And their opinions will be taken into consideration. (9) To improve PAPs living standards or at least restore their former living standards. 23 4 Socio-economic Survey on Samplings of PAPs and Enterprises In order to know socio-economic conditions of aFfected area and basic conditions of PAPs further, according to requirements of the WNorIc Bank, PMO conducted preliminary socio-economic survey of aFfected area in April 2002, which provides basic information for project analysis. In September 2002, PMO conducted sampling survey on PAPs at the same time with survey on real materials, adopting the methods of combination of questionnaire and interview. The survey involves in all 97 affected households. 4.1 Survey Results of Basic Conditionr of Affected Villages Land acquisition and house demolition of the project involves Lingjia village of Gongmiao town of Yinzhou district of Ningbo, with 97 hoLseholds and population of 314. Due to its having been lined out as planned land for Ningbo urban area in 2001, all villagers have transferred from agriculture tc non-agriculture and become urban residents of Ningbo. There are 194 labors in whole village, among which 116 people work in enterprise, accounting for 60% of total labors, and 56 people work in other place, accounting for 29%, and 4 people engage in individual business, accounting for 2%. There is no labor engaging in agriculture. At present, the village owns 200mu farmland. Due to all villagers having transferred to non-agriculture reseidents, village collective did not contract out the land at the three time, and reserved the land. See Table 4.1. 24 Table 4.1 Basic Condition of Lingjia Village of Gongmiao Town of Yinzhou District Item Unit Quantity Population Total households Household 97 Total population Person 314 Including: Male Person 164 Agriculture Person | |Non-agriculture Person 314 Labor otal labors Person 194 Including,in enterprise Person 116 In other place Person 56 Individual business Person 4 Plowland Farmland mu 200 Including:village mu 200 collectivere served farmland 4.2 Results Analysis of Socio-economic Survey of Peasant Households 4.2.1 Family Population This family survey covered 97 households, with 314 persons. Non-agriculture population is 314 in this survey, accounting for 100% of total population; 150 females, accounting for 47.7% of total population; 194 labors, accounting for 61.8% of total population; 27 students, accounting for 8.6% of total population. 25 4.2.2 Distributing Condition by age In 97 surveyed households with 314 persons, 32 persoris are under 8 years old, accounting forl 0.2% of total population; 35persons are ranging from B to 18 years old, accounting for 11.1% of total population; 225 persons are ranging from 19 to 60 years old, accounting for 71.7% of total population; 22 persons are above 61 years old, accounting for 7% of total population. 4.2.3 Distributing Condition by Education In 97 surveyed households with 314 persons, 13 persons are illiterate, accounting for 4% of total population; 72 persons got elementary schoo education, accounting for 23% of total population; 210 persons got high school educetion, accounting for 67% of total population; 19 persons got three-year college education or above, accounting for 6% of total population. 4.2.4 Employment Condition of Labor In 97 surveyed households with 314 persons, there are 194 labors, among which 116 persons work in enterprise, accounting for 60%, 29% of total population work in other place, 4 persons engage in individual business, accounting 2% of total population. 4.2.5 Acreage of House Construction In 97 surveyed households, the acreage of house construction is 9552m2, with average 98.5m2 for one family, in which there is 4884 m' storied-buildings and 1867 m2 tiled houses, and 2801 m2 is the others, acreage of livestock house is 300 m2. 4.2.6 Family Annual Income and ExpenditLire According to the statistics to 97 surveyed households, family annual income is 1806215yuan, among which annual wage income is 1009664yuan, accounting for 26 56% of family annual income; income from working in other place is 341600yuan, accounting forl9%; other income is 454951yuan, accounting for 25% of family annual income. Income structure can be seen from Table 4.2. Expenditure. Family annul expenditure is 974293yuan, among which electricity cost is 58135, accounting for 6% of family annual expenditure; living water cost is 33497yuan, accounting for 3% of family annual expenditure; communication cost is 137740yuan, accounting for 14% of family annual expenditure; children education expenditure is26150yuan, accounting for 3% of family annual expenditure; medical health cost is 279360yuan, accounting for 29% of family annual expenditure; fuel expenditure is 7081Oyuan, accounting for 7% of family annual expenditure; expenditure for buying living assistant food is 250907yuan, accounting for 26% of family annual expenditure; expenditure for buying electric apparatus and furniture etc. is 117694yuan, accounting for 12% of family annual expenditure. Expenditure structure can be seen from Table 4.2. 27 Table 4.2 Annual Income and Expencliture Sltructure of Surveyed Households wverage Structural Item Totali,yuan) yuan/pp proportion Family Wage income 1009664 3215.5 56% annual Income from working in 341600 income other place 1087.9 19% Other income 454951 1448.9 25% Total of annual income 1806215 5752.3 100% Family Electricity expenditure 58135 185.1 6% annual Living water cost 33497 106.7 3% expenditure Communication cost 137740 438.7 14% Expenditure for children 26150 education 83.3 3% Fee-for-service 279360 889.7 29% Fuel cost 70810 225.5 7% Expenditure for buying 250907 living assistant food 799.1 26% Expenditure for buying 11769 electric apparatus and furniture 374.8 12% fotal of annual expenditure 974293 3102.8 100% It can be seen from above analysis, average net incorne of surveyed peasant families is 5752.3yuan. Due to affected village near to Ningbo urban area, with developed enterprises, most of villagers work in neighboring enterprises, and wage income accounts for 56% of total income, which is high enough, income from working other places accounts for 19% of total income; otherwise, there is no income from planting. From above analysis, the dependence on land ol affected lamilies is few. 28 5 Legal and Policy Framework 5.1 Laws and Policies Referred in Resettlement * Land Administrative Law of P.R.China (January 1st 1999 come into force) * Urban Real Estate Administrative Law of P.R. China (January 1st 1995 come into force) * Urban House Demolition Administrative Regultations (November 1 st 2001 come into force) * Zhejiang Province Implementing Methods of Land Administrative Law of P.R.China (July 5th 2000 come into force) * Ningbo House Demolition for Urban Construction Administrative Methods (March 1st 1998 come into force) * Ningbo House Demolition for Urban Construction Administrative Implementing Detailed Rules (May 31 st 1999 come into force) * Ningbo Collective-owned Land Requisitioned House Demolition for Urban Construction Administrative Methods (February 1st 2000 come into force) * Ningbo Compensation Rate for Land Acquisition and Labor Resettlement Temporary Regulations (June 27th 1999 come into force) * Yinzhou District Some Administrative Regulations on House Demolition (Yin Administration [2000] 3) 29 * World Bank OP4. 12 Involuntary Resettlement and Appendix (January 1st 2002 come into force) 5.2 Laws and Policies Involved in Resettlement 5.2.1 Limits of Acquisition and Nature of Compensation 5.2.1.1 Limits of Land Acquisition and Nature of Compensation Land Administration Law of the People's Republic of C:hina states that all units and individuals that need land for construction purposes shall in accordance with law apply for the use of state owned land. Article 44: Where land for agriculture is to be used for construction purposes, the formalities of examination and approval shall be gone through for the conversion of use. Where land for agriculture is to be converted to land fcir the construction of road, pipeline or large infrastructure projects. for whch approval has been obtained from people's governments of provinces, autonomous regions and municipalities directly under the Central Government, or for the construction of projects, for which approval has been obtained from the State Council, the conversion shall be subject to approval by the State Council. Where land for agriculture is to be converted to land for construction of projects in different periods in order to carry out the overall plan fbr land utilization within the limits of the amount of land fixed in the plan for the construction of cities, villages or towns, the conversion of use of land shall, in accordance with the annual plan for land utilization, be subject to approval in baiches by the organ that originally approved the use of land for construction of specific projects within the limits of the amount of land for agriculture, conversion of the use of which has been approved , may be form people's governments of cities or counties. 30 Article 45 Approval shall be obtained from the State Council for requisition of the following land: (1) capital farm land; (2) cultivated land, not included in capital farm land, that exceeds 35 hectares; and (3) other land that exceeds 70 hectares. Article 58 Under any of the following circumstances, the administration department of the people's government concerned may, with the approval of the people's government that has originally approved the use of land or that possesses the approval authority, take back the right or the use of the State-owned land: (1) The land is needed for the benefits of the publics; (2) The use of the land needs to be readjusted for renovating the old urban area according to urban planning. Article 47 Land requisitioned shall be compensated for on the basis of its original purpose of use. Main provisions of P.R.C Urban Estate Administration (which has come into force since January 1,1995) are as follows: Allocation of land use right means that approved by the government over country level, after the land users have paid compensation, relocation costs etc., they can use the land, or they can get the land use right free of charge. If the land use of the following land for construction is really necessary, it can be approved and allocated by the government over country level: land for urban 31 infrastructure and public utilities, land for energy, transpoit, water conservancy etc, project which are the state key projects. Zhejiang Province Implementing Methods of Landl Administrative Law of P.R.China related regulations: Article 19 Land is requisitioned for construction, which involves land for agriculture, and approval procedures of transferring land for agriculture should be dealt legally. Follwing requirements shouild be met when c ty and village of town land pain for construction involves land for agriculture, (1) abide to whole plan for land usage; (2) abide to cith planning or village and town planning; (3) obtaining year quota for transferring land for agriculture to other purpose; (4) measures for complmenting land are carried out. If the requirements can not be meet, approval for transferring land for agriculture to land for construction cannot be gotten. Article 22 Organization, who requisitioned the land, should pay land compensation, resettlement subsidy and compensation for greenseedling and ground attachments fully in three months from getting approval of plan for compensation for land acquisition and resettlement. 5.2.1.2 Rights to Dismantle Other Peoples' H-ouse ancl Character of Compensation Urban House Demolition Regulations stipulate: Article 6 Organization, who are responsible for demolish houses, can demolish houses after getting permission for house demolition. Article 22 The demolisher should pay compensation to the demolished according to stipulates of this regulation. Ningbo House Demolition for Urban Construction Administrative Methods 32 stipulates: Article 8 Organizations or individuals, who need to demolish houses and its attachments, should have approval files of construction project, land planning for construction, land for construction and demolition scheme, and submit application to superior departments of house demolition. Superior departments of house demolition examine and issue permission for houae demolition after examining demolition scheme, demolition entrusted contract and identifying range of demolition. 5.2.2 Laws and Administration Procedures Land Administration Law of the P.R.C Article 46 where land is to be requisitioned by the State, the requisition shall, after approval is obtained through legal procedure, be announced by people's governments at or above the country level, which shall help execute the requisition. Units and individuals that own or have the right to the use of the land under requisition shall, within the time limit fixed in the announcement, register for compensation with the land administration department of the local people's government by presenting their certificates of land ownership or land-use right. Urban House Demolition Regulations: Article 8 When house demolition administrative departments issues permission for house demolition, they should publicize dismolisher, demolition scope, demolition term etc. in permission in form of house demolition notice. House demolition administrative departments and demolishers should undertake propagands and explanation to the demolished. Ningbo House Demolition for Urban Construction Administrative Implementing Detailed Rules stipulates, 33 Article 5 Procedures of house demolition: 1 Construction organizations or individuals (hereinafter construction organization for short), holding project approval files and contruction redline drawings, entrust demolishing organizations to carry out survey on house demolition, and identify range of house demolition, and submit application for project approval to superior departments, then, obtain Notice on Suspending to Deal Related Proceedings of House Demolition after getting project approval from superior departments; 2 Construction organizations signs entrust contract with demolishing organizations, and construction organizations saves fund for house demolition to special account of demolishing organizations; 3 Construction organizations and demolishing organizations, holding land planning for construction, approval files for construction and demolition scheme, demolition entrusted contract submit House Dernolition Application to superior departments, who will issue demolition notice alter examining qualified permission for house demolition; 4 Demolishing organizations publicize notices on related house demolition contract and water supply cufting-off etc. in demolished scope; 5 Demolishing organizations are entrusted to sigh contract with the demolished by demolisher, and the demolished should move in stated movement term; demolishing organizations should demolish houses after the term is over. 34 5.2.3 Compensation Provisions 5.2.3.1 Compensation for Land Acquisition * Relevant provisions of Land administration Law of the People's Republic of China: Article 47 Land requisitioned shall be compensated for on the basis of its original purpose of use. Compensation for requisitioned cultivated land shall include compensation for land, resettlement subsidies and attachments and young crops on the requisitioned land. Compensation for requisition of cultivated land shall be six to ten times the average annual output value of the requisitioned land for three years preceding such requisition. Resettlement subsidies for requisition of cultivated land shall be calculated according to the agricultural population needing to be resettled. The agricultural population needing to be resettled shall be calculated by dividing the amount of requisitioned cultivated land by the average amount of the original cultivated land per person of the unit the land of which is requisitioned. The standard resettlement subsidies to be divided among members of the agricultural population needing resettlement shall be four to six times the average annual output value of the requisitioned cultivated land for three years preceding such requisition. However, the highest resettlement subsidies for each hectare of the requisitioned cultivated land shall not exceed fifteen times its average annual output value for the three years preceding such requisition. If land compensation and resettlement subsidies paid in accordance with the provisions of the second paragraph of this Article are still insufficient to help the peasants 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 35 Government. However, the total land compensa1tion and resettlement subsidies shall not exceed 30 times the average annual output value of the requisitioned land for the three years preceding such requisition. Zhejiang Province Implementing Methods oi Land Administrative Law of P.R.China stipulates, Article 23 Compensation rate for land being requisitioned: 1 as for plowland, compensation rate is 8 to 10 times of average annual production of past three years before resettlement; 2 other farmland except for plowland, compensation rate is 4 to 7 times of average annual production of past three years before resettlement, 3 as for land, which is not being used, compensation rate is 50% of compensation for local plowland; 4 as for land for construction, compensation rate should refer to compensation rate for local plowland. Article 24 Resettlement subsidy for plowland acquisition is calculated according to agricultural population to be resettled, which is calculated by quantity of land to be requisitioned dividing average plowland per person before resettlement. Resettlement subsidy rate for agricultural population to be resettled is 4 to 6 times of average annual production of past three years before resettlement. But resettlement subsidy for plowland per ha cannot exceed 15times of average annual production of past three years before resettlement. Resettlement subsidy ior other land can refer to former regulation. Resettlement subsidy for land acquisition should be used for labor resettlement, which cannot be embezzled. Peoples' Governemnts of city and county should organize related departments and organizations to adopt measures of social insurance, providing job opportunities, setting up enterprises and one-time subsidy to settle the settlers, who is needed to be settled. Article 25 If land compensation and resettlement subsidy, paid according to Article 23 (1) and Article 24 first stipulation of this method, can not guarantee resettled peasants keep original living level, resettlement subsidy can be increased after getting 36 approval from Province Peoples' Government. But total of land compensation and resettlement subsidy cannot exceed 30 times of average annual production of past three years before resettlement. As for the land to be requisitioned, agricultural tax and agriculture special tax of it can be ceased since next year of getting approval for land acquisition. Article 26 Compensation for greenseedling of requisitioned land is calculated according to then-season crop production; compensation for trees and constructions, buildings, farmland water conservancy etc. of requisitioned land is calculated at real value; trees, crops or facilities planted or constructed after the butlletining of land acquisition scheme will not get compensation. Ningbo Compensation Rate for Land Acquisition and Labor Resettlement Temporary Regulations stipulates, Article 1 As for land acquisition, compensation should be paid on the base of original purpose of the land. Compensation for land acquisition includes land compensation, resettlement subsidy and compensation for ground attachments and greenseedlings. Land compensation is owned by country collective organizations; and compensation for ground attachments and greenseedling belongs to Owner; resettlement subsidy for land acquisition is used to settle the labors particularly, which cannot be embezzled. Article 2 As for suburb land to be requisitioned, land compensation is 8 to 10 times of annual production of the land. As for plowland in other place, land compensation is 6 to 8 times of annual production of the land. As for non-plowland, land compensation should generally be less than half of compensation for plowland. Article 3 Resettlement subsidy for plowland acquisition is calculated according to agricultural population to be resettled, which is calculated by quantity of land to be requisitioned dividing average plowland per person before resettlement. 37 Article 4 As for suburb plowland to be requisitioned, resettlement subsidy for every agriculture population needing to be settled is 5 to 6 times of annual production of tha land. As for plowland in other place, resettlement sLibsidy for every agriculture population needing to be settled is 4 to 6 times of annLial production of tha land. Resettlement subsidy for per ha requisitioned land cannot exceed 15 times of annual production of last year before resettlement. As for non-plowland, resettlement subsidy should generally be less than half of resettlement subsidy ior plowland. Article 5 If land compensation and resettlement subsidy, paid according to above stipulations, can not guarantee resettled peasants keep original living level, resettlement subsidy can be increased after getting approval from Province Peoples' Government. But total of land compensation and resettlement subsidy cannot exceed 30 times of average annual production of past three years before resettlement. 5.2.3.2 Compensation for House Demolition Urban House Demolition Administriative Regulations stipulates, Article 23 Compensation methods of cash compensation and property exchanging can be adopted Article 24 Sum of cash compensation is decided by location , function and construction acreage etc.of demolished house, and is paid at valuation price in real estate market. Detailed measures are form-rulated by Peoples' Government of Province, Municipal. Ningbo House Demolition for Urlban Construction Administrative Implementing Detailed Rules stipulates, Article 19 As for public-owned houses managed by house demolition real estate management departments or organizations, enterprises or caste etc., the following measures for resettlement can be chosen. 1 the dernolishers discount house for 38 resettlement to corresponding house purchasing fund, which is for users to choosing and buying house for resettlement individually (hereinafter self-choosing resettlement for short); 2 The demolishers provide house for resettlement to users directly (hereinafter direct resettlement for short). Three-district house for resettlement means that grade 4 and houses in living community in a litter far place. Grade of location for resettlement house of counties (cities) and Zhenhai district, Bailun district is regulated by local peoples' government. Ningbo Collective-owned Land Requisitioned House Demolition for Urban Construction Administrative Methods stipulates, Article 18 Methods for resettlement of movement and reconstruction or property exchanging are adopted for house demolition. Movement and reconstruction for resettlement means that demolishers provide cost for movement and reconstruction, mutil-storied buildings for resettlement of the demolished are built by organizations, whose land are requisitioned, or the demolished construct house for resettlement selfly. Property exchanging for resettlement means the demolishers provide living houses for exchanging property, in this way the demolished is resettled, or the demolishers provide corresponding house purchasing fund to let the demolished choose and purchase houses selfly. Article 19 Except for the households, who construct houses individually, the demolished households, whose original acreage is in 250m2, will be resettled with original acreage; the demolished households, whose original acreage is more than 250m2, will not get corresponding resettlement for exceeding parts and get corresponding economic compensation. The demolished, who have several houses in one being demolished area, will get resettled according to sum-up of acreage of all houses. 39 As for the demolished, who get housing plots legally before resettlement, did not demolish old house according to regularions, the old house will not get compensation, which should be demolished by himself in stated demolition term. Article 20 As for the demolished, who are settled by constructing mutil-storied buildings together, they should abide to follwing regulations: 1 The demolishers shall sign contract entrusting to construct houses for resettlement with organizations, whose land are requisitioned, and provide fund for house construction and necessary supporting fazilities; 2 Organizations, whose land are requisitioned, are responsible for getting land usage procedures and approval procedures for house construction; 5.2.4 Responsibilities 0 LandAdministration Law of P.R.C Article 66 Land Administration department of the people's government at or above the county level shall supervise over and inspect violatiors of laws and regulations governing land administration. Supervisors over and inspectors of land administration shall be familiar with the laws and regulations governing land administration and they shall be devoted to their duties and enforce laws impartially. Article 70 Where, in the course of supervision and inspection, land administration departments of the people's government at or above the county level find any violations by State functionaries and believe that administrative sanctions need be given to such functionaries, they shall deal with such violation in accordance with law; if they have no right to do so, they shall propose in writing to the administrative supervision departments of the people's governments at the corresponding or a 40 higher level that administrative sanctions be given to the functionaries, and the administrative supervision departments concerned shall deal with the violations in accordance with law. Article 79 Whoever embezzles or misappropriates the compensation or other relevant charges paid to a unit whose land is requisitioned, if the violation constitutes a crime, shall be investigated for criminal responsibility in accordance with law; if the violation is not serious enough to constitute a crime, he shall be given administrative sanctions in accordance with law. * Urban House Demolition Regulation Article 5 The unit who demolishes the house shall, in accordance with this regulation, compensate and replace the people whose houses are demolished. And the people should submit themselves to the need of the city construction and move out with the given period. Article 6 The Real Estate Administration Department of the State council is in charge of the national urban house demolition. The Real Estate Administration Departments of the people's government at or above the county level or the departments authorized by the government are in charge of the urban house demolition in their own regions. Article 7 The people's governments at or above the county level should strengthen their leadership on the urban house demolition. Ningbo House Demolition for Urban Construction Administrative Methods stipulates, Article 4 Ningbo Real Estate Administrative Bureau is the department, who is in charge of house demolition in the city. Counties (cities) and real estate administrative departments of Zhenghai district, Bailun district are responsible for house demolition 41 in respective area. Ningbo Real Estate Administrafive Bureau are responsible for administration of urban house demolition of Haishu district, Jiangdong district, Jiangbei district (hereinafter three-disirict for short). The leadships, of house demolitionin urban area, need to be strengthened by the peoples' government at over county level. Administrative departments abd sireet offices of police , urban construction, planning, land, finance and tax, price, duty, water-supply, electricity-supply, post, telecommunication etc should undertake their own duties, cooperating with house demolition administrative departments to do it well. Article 7 The demolishers should pay compensation and resettle the demolished according to this method. The demolished should abide to the need of city construction and move in stated term. Organizations of the demolished and superior departments should cooperate with the demolished to complete movement well. 5.3 Resettlement Policies of the Project All the resettlement policies carried out in this project are under resettlement policies of P.R.C, of Zhejiang People's Government, of Ningbc People's Government, of Yinzhou People's Government and of the World Bank. 5.3.1 Resettlement Policies for Demolishing Reseidents' House Methods of cash resettlement, providing resettlement house and house for renting with low rent are adopted in this project. More options ara offered for resettlers, who can choose different method according to their own economic condition and individual demand. 5.3.1.lAppraisal First, houses should be appraised at displacement cosi by Real Estate Appraising Agency, who has qualification in law, and cash compensation for demolished houses 42 are referred basically to cash compensation rate(details see Chapter 6), publicized by government when checked and issued permission for house demolishment, combining with house location, structure, construction acreage, floors, fitments etc. to appraise house. Before Real Estate Appraising Agency confirms the market price of demolished houses, the voice of the demolished should be heard. 5.3.1.2Resettlement Policies The demolished have three choices with their own intention after getting cash compensation for house, purchasing commodity house, purchasing resettlement house, renting house provided by government with low rent. 1 As for the rich family, in order to satisfy individual demands, they can buy commodity house in urban area of Ningbo or purchase villadom in suburb and can buy house in other cities with their will. They will not be intervened by the project. 2 The demolished can purchase resettlement house provided by government, because of equal price between the resettlement house and demolished house, so the demolished can use the compensation for house to buy resettlement house with same acreage. The demolished have the rights to ask demolisher to provide resettlement with acreage no less than that of demolished house. As for the extra acreage, with same set, it can be settled at cost price of new house, and with different set, it should be settled at the price of commodity house. 3 As for poor families, acreage of demolished house is less than 45 and they only have this house, csah compensation can be increased. Increased cash compensation is calculated by 40% of results of 45 detracting demolished acreage multiplied local appraisal price. The poor households can use the increased cash compensation tu buy house for resettlement, provided by demolisher. 43 The resettlers, who cannot buy comrmodity house and house for resettlement, government provide house for their rent wNith low rent. 5.3.1.3 Subsidy Policies in Movement As for the movement of facilities equippecl with telephone and CATV etc., compensation for movement is paid to the demo6ished at the real rate of departments. The resettlers will get subsidy for movement, hortation for movement and transition subsidy. Subsidy for movement: calculated at original corstruction acreage, as for households, acreage of whose house is less than 100 square meter, they will get 200yuan subsidy; as for households, acreage of whose house is less than 100 square meter, lyuan per squre meter will be paid for exceeding p,art. Hortation for movement: the demolished moved in stated time, 15yuan per square meter will be paid as hortation for movement. Movement transition methods:demolished house need transition period, transition subsidy should be paid, 4yuan per square meter month will ba paid at the acreage of original house of the demolished, the tranisition period is three months calculated from demolishment contract signed and keys of original house turn in to lots being drawn. In implementation, if the time is over three months, the demolisher and the demolished will negotiate and settle the issues. 5.3.1.40ther Policies 1 PAPs need not pay any tax, relative cost for transacting certificates for house, land etc. and right legal cost for projects related to restoring livelihood and production resettlement during Ihe movement. 44 1 The demolisher help resettlers to transact related procedures of residence change and children school transfer etc. 2 Help are provided for vulnerable group. Details can be seen in 5.3.1.2 resettlement poliices. 5.3.2 Policies of Compensation for Land Acquisition and Labor Settlement 5.3.2.1 Policies of Compensation for Land Acquisition 1 As for land acquisition, compensation should be paid according to original usage. Compensation for land acquisition includes compensation for land, resettlement subsidy and compensation for ground attachments and green seedlings. Compensation for land is belonged to collective economic organization; compensation for ground attachments and green seedlings is paid to its owner; resettlement subsidy is used to settle labor as special funds without embezzlement. 2 As for acquiring plowland in urban and suburb area, compensation for land is calculated by 5-6 times of annual production value. As for other plowland, compensation for land is calculated by 4-6 times of annual production value. 3 Resettlement subsidy for plowland acquisition is calculated according to agricultural populations needing to being settled. Agricultural population needing to be settled is calculated by quantity of plowland dividing average plowland of population. 4 As for acquiring plowland in urban and suburb area, resettlement subsidy of agricultural population is calculated by 8-10 times of annual production value. As for other plowland, resettlement subsidy of agricultural population is calculated by 6-8 times of annual production value. 5 If original living standard of peasants' cannot be kept when compensation form land and resettlement subsidy is paid according to original provision, 45 resettlement subsidy can be increased with the approval of Provincial People's Government. But the total of compensation for land and resettlement subsidy cannot exceed 30 times of annual production value of the land. 6 With the agreement of two-part villagers, compensation for land can be used for welfare for all villagers. 5.3.2.2 Policies of Labor Settlement 1 Labors affected by the project will be transferred from agriculture to non-agriculture residents. 2 With the agreement of two-part villagers, resettlement subsidy are put out to labors affected bu the project, who can maintain their present jobs or develop individual business after getting resettlement subsidy. 3 There are many companies around the affected village, which has good profit with the advantage of closing to Ningbo city. They promised to provide some employment opportunities for labors affected by the project. 4 Labors affected by project will be settled well. 5.3.2.30ther Policies 1 PAPs need not pay any tax, relative cost for transacting certificates for house, land etc. and right legal cost for projects related to restoring livelihood and production resettlement during the movement. 2 The demolisher help resettlers to transact related procedures of residence change and children school transfer etc. 46 5.3.3 Policies of Compensation for Affected Ground Attachments As for affected infrastructure and ground attachments, project owner paid the compensation to organization, who has its propriety rights, and they are responsible for their reconstruction. According to above policies, the compensation rate are set down, combined with local condition and requirements of World Bank, details can be seen in chapter 6, if there are any advice or different idea, it can be settled down through negotiation between demolisher and the demolished. 47 6 Compensaltion Rates Compensation rate, according to provisions of legal framework and combining with real condition of Yinzhou district, for all kinds of affects induced by the project are as follows. 6.1 Peasants' House Demolition Displacement price for all kinds of houses can be seen from Table 6.1. Compensation rate for house attachments can be seen from Table 6.2. Cost standard for movement resettlement is shown in Table 6.3. Table 6.1 Displacement Price for All Kinds of Houses Unit: yuan/unit Item Unit Steel-concrete house yuan/m2 l l Brick-concrete house yuan/m2 l l l Brick-timberwork house yuan/m2 Simple structure house yuan/m2 l l l Table 6.2 Compensation Rate for House Attachments Item Unit Compensation rate Cement level ground yuan/m2 20 Attached houses such as cowshed, pigpen etc. yuan/m2 80 48 Bounding wall yuan/m2 25 Telephone yuan/tel 108 CATV yuan/household 300 Table 6.3 Cost Standard for Movement Resettlement Item Unit Compensation Notes rate Movement subsidy yuan/household 200 Movement bonus yuan/M2 15 Movement transition cost yuan/mi2 12 4yuan/ M2 3months 6.2 Collective Land Requisitioned According to Land Administrative Law of P.R.China, and combining with Ningbo Temporary Regulations on Compensation Rate for Land Acquisition and Labor Resettlement, compensation for land acquisition includes compensation for land, resettlement subsidy and compensation for greenseedling. Compensation for land belongs to village collective economic organization; and compensation for greenseedling belongs to the owener; resettlement subsidy of land acquisition should be used to labor resettlement as special fund, which cannot be embezzled. As for requisitioned farmland of surburb, compensation for land is 5-6 times to annual production of that land, resettlement subsidy for agricultural population is 8-10 times to annual production of that land. The Lingjia Village is located in the south suburb of Ningbo, and it is about 5 km away from Ningbo Downtown. According to Ningbo Temporary Regulations on Compensation Rate for Land Acquisition and Labor Resettlement, on the base of data provided by Land Administriative Bureau of Yinzhou District, and consulting with Village Committee of Lingjia Village, specific compensation rate for land acquisition is shown in Table 6.4. 49 Table 6.4 Compensation Rate for Land Requisitioned Permanently Unit: yuan/mu Item Compensation Receiving party rate Land compensation 20000L Village' committee Resettlement subsidy 44000 Village' committee Compensation for greenseedling 1000 Affected households Farmland occupying tax 6670 State Tax Bureau Farmland reclaiming fee 12006 Land Administrative Bureau Water conservancy construction fund 400 Finance Bureau Land acquisition administrative fee 3602 Land Administrative Bureau Newly-increased land use fee for 21344 Land Administrative Bureau construction Unpredictable fee 2401 Total 111423 L 6.3 Ground Attachments Compensation rate for all kinds of attachments is shown in Table 6.5. Table 6.5 Compensation Rate for All Kinds of Attachments Unit: yuan Item IJnit Compensation rate Public toilet yuan/one 10000 1 0 kv electrical pole yuan /pole 100 380v electrical pole yuan /pole 80 Transformers yuan /set 10000 Open canal yuan /MV12 20 Machine-ploughed road yuan /Mv12 35 Green house yuan /v12 50 Big tree yuan /tree 100 Middle tree yuan /tree 45 Sapling yuan /tree 15 50 7 Resettlement Methods 7.1 Resettlement of House Demolishment First, houses should be appraised at displacement cost by Real Estate Appraising Agency, who has qualification in law, and cash compensation for demolished houses are referred basically to cash compensation rate(details see Chapter 6), publicized by government when checked and issued permission for house demolishment, combining with house location, structure, construction acreage, floors, fitments etc. to appraise house. Before Real Estate Appraising Agency confirms the market price of demolished houses, the voice of the demolished should be heard. The demolished have three choices with their own intention after getting cash compensation for house, purchasing commodity house, purchasing resettlement house, renting house provided by government with low rent. 1 As for the rich family, in order to satisfy individual demands, they can buy commodity house in urban area of Ningbo or purchase villadom in suburb and can buy house in other cities with their will. They will not be intervened by the project. 2 The demolished can purchase resettlement house provided by government, because of equal price between the resettlement house and demolished house, so the demolished can use the compensation for house to buy resettlement house with same acreage. The demolished have the rights to ask demolisher to provide resettlement with acreage no less than that of demolished house. As for the extra acreage, with same set, it can be settled at cost price of new house, and with different set, it should be settled at the price of commodity house. 3 As for poor families, acreage of demolished house is less than 45 and they only have this house, csah compensation can be increased. Increased cash compensation is calculated by 40% of results of 45 detracting demolished acreage multiplied local appraisal price. The poor households can use the increased cash compensation tu buy house for resettlement, provided by demolisher. 51 The resettlers, who cannot buy commodity house and house for resettlement, government provide house for their rent vvith low rent. As for the movement of facilities equipped with telephone and CATV etc., compensation for movement is paid to the demol shedl at the real rate of departments. The resettlers will get subsidy for movement, hortation foir movement and transition subsidy. Resettlement house are built for the dernolished households in the project, which is called Fanyu new village, locates in south of Siming Road about 2000m from the demolished village, which is construced by Yinzhou Centre District Real Estate Development Ltd. Corporation. The whole construction acreage of the village is 200thousand m2, 70thousand m2 in first period project, in order to meet the demand of the demolished, a lot of set styles are designed, which are 45 m2(one room, one hall, one tolit), 55 m2(two rooms, one hall, one tolit), 65 m2(three rooms, one hall, one tolit), 75 m2(three rooms, one hall, one tolit), 85 m2(three rooms, two halls, one tolit), 95 m2(three rooms, two halls, one tolit), 105 m2(three rooms, two halls, two tolits), about 115 m2(three rooms, two halls, two tolits), ground floor is s small set which divided into two parts, in order to take care old households. Water supply, electricity supply, transportation, air feed, communication and CATV e'tc in community are constructed according to plan, and infrastructures such as schools, telecommunication, bank bureau, food market, public transportation and hospitals in surrounding of housing community are constructed correspondingly, so that it is convenient to community residents. According to survey, neighboring kindergarten, junior school and senior school are in the planned area, which are supporting pr:jects; clinic of Zhonggong town is in 500m away from resettlement community, which is bigger than that of community. Present vegetable market of Zhonggong town is about 800m away from resettlement community, and there is vegetable market in planned community. When it comes to public transportation, there are Bus360, Bus36 1, Ningjiang line car, Busl 0 of Jingxiandadao and passing-by cars. It takes about 10*15minutes to downtown by 52 bus. Resettlers can choose new houses in housing community with their own wishes. Lots will be drawn publicly for resettlement houses in the end of October 2003. The price of new house for resettlement: basic building cost is 755yuan/m2 (includes, land value 245 yuan/M2 and house cost 510 yuan/M2) for the part of new house for resettlement, which is equal to that of old house. 7.2 Resettlement for Land Acquisition 170mu collective-owned land is requisitioned permanently for plant site of sewage treatment plant of south area of Jiangdong. Lingjia village of Zhonggongmiao town of Yinzhou district of Ningbo is affected by the land acquisition, in which there are 97 households with population of 314. Due to its having been lined out as planned land for Ningbo urban area in 2001, all villagers have transferred from agriculture to non-agriculture and become urban residents of Ningbo. At present, there is 200mu farmland in whole village, due to villagers being transferred from agriculture to non-agriculture, village collective did not contract out at the third time at the third time for land contracting out, which is reserved farmland in village collective. In addition,it can be seen from survey and analysis of family income and expenditure, because of affected villages' nearing to urban area of Ningbo, local business is boom, and most of villagers are employed in neighboring enterprises, income from enterprise accounts for 56% of total income, and 19% from working in other places, and there is almost no income from planting, which shows that the affected households have small dependence on land. There are 194 labors in villag, who have jobs presently. 116 persons works in enterprises, accounting for 60% of total labors, 56 persons works in other place, accounting for29% of total labors, 4 persons engages in individual business, accounting for 2% of total labors. There is no labor engaging in agriculture at present. Therefore, labors affected by the land acquisition have been settled presently. Land compensation can be used for welfare for all villagers after getting agreements of 53 2/3villagers, resettlement subsidy is paid to labors, who can continue engaging present occupation and develop individual business after getting resettlement subsidy. In addition, some enterprises, neighboring affected village, due to the advantage of nearing Ningbo, have good profifs, which have promised that once it is needed, some post will be provided for labors of the village. Basic situal.ion of some enterprises is shown in Table 7.1. Table 7.1 Basic Situation of Sorne Enterprises Nlear to Linjia Village Item Employee Annual wage of Production Profit Tax employee value (104 yuan) (104 yuan) (yuan/year) (104 yuan) l Ningbo Tianji Printing and Dyeing Factory 190 8000 2300 414 322 Ningbo Hualin Tourism Articles Factory 170 7000 1750 350 245 Ningbo Hongda Elevator Plant 150 11000 4000 880 520 Ningbo Tongyong Model Plant 450 9000 12000 2300 1440 Ningbo Saierfu Electron Corporation 200 8800 3150 535 455 7.3 Rehabilitation Plan for Affected Vulnerable Group In carrying out socio-eonomic survey, there are 7 households, acreage of whose house is less than 45 , they are relative poor in housing in PAPs. As for these poor households, cash compensation can be increased. Increased cash compensation is calculated by 40% of results of 45 detracting demolished acreage multiplied local appraisal price. The poor households can use the increased cash compensation tu buy house for resettlement, provided by demolisher. The resettlers, who cannot buy commodity house and house for resettlement, government provide house for their 54 rent with low rent. 7.4 Rehabilitation of Infrastructure and Ground Attachments Affected Compensation for affected infrastructure and ground attachments were paid to organizations, who has the property rights, by project organizations, The organization, who has the property rights, are responsible for reconstruction and rehabilitation. 55 8 Participation and Consultation 8.1 Public Participation In order to develop relevant policies and FLAP, to carry out the implementation efficiently, to guarantee the legal interests of PAiPs, to decrease the grievances and conflicts, and to fulfill the objective of welll relocating the PAPs, special attention will be paid to participation and consultation of the PAPs in the project. During the resettlement policy developing, planning compiling and implementation phase of the project, the opinions of PAPs are collected widely. During the project preparing phase--feasibility study phase, the PMO has consulted Ningbo City Government, Yinzhou District Government, FPeople's Congress, Political Consultant Committee, people's groups, representatives of PAPs and Lingjia village committee involved in land acquisition about the orientationi of pipeline, choosing plant site of sewage treatment plant and the resettlement. From April to May 2002, PMO organized workers to conduct initial census, property survey and socioeconomic survey within the scope of land acquisition and house demolition. The representatives of PAPs took part in the survey, and made suggestions to reseHtlement compensation and rehabilitation. All the opinions and suggestions have been considered in the RAP compiling. From August to September 2002, PMO organized a special group and PAPs representatives to take part in the physical and socioeconomic investigations on land acquisition and the effect of demolition. PMO solicited opinions from sub-district office, PAPs representatives on house demolition, land acquisition, and resettlement, and discussed the problems from all aspects. Meanwhile, a socioeconomic survey and a psychological investigation were carried out to know about how the PAPs want to be 56 resettled, what their attitudes are, what the opinions on the resettlement schemes for shops, enterprises and institutions demolished. All the work laid a good foundation for RAP. In future, following procedures and methods would be adopted to encourage public participation and consultation: (1) PAP Representatives Taking Part in the House Demolition and Relocation PAPs choose their representatives in portion. By cooperating with sub-district office and neighborhood committee, the representatives solicit opinions and collect rationalization proposals from PAPs. In addition to these, they regularly exchange views with PAPs. Neighborhood committee and representatives of PAPs take part in the process of survey for house and its adjoining parts, in confirming compensation standard, in negotiating the agreements on resettlement compensation and rehabilitation, in the construction and distribution of relocation house and so on, so as to reflect the PAPs' opinions, and to ensure the judgment and transparency of the project resettlement. (2) Negotiating with PAPs, about Compensation Ways (3) Selecting Relocation House by Drawing Lots Publicly The distribution of PAPs relocation houses is carried out publicly. The institutions for demolition organize workers, PAPs, Ningbo House Demolition Management Office, the police station in the house-demolished area, PAPs' representatives to take part in the distribution of PAPs' relocation houses. The meeting of selecting relocation houses is held to announce the numbers and storeys of relocation houses. PAPs get house number after drawing lots by themselves. Ningbo notary office notarizes it. (4) Information and Discussion Meeting 57 Representatives from PAPs, house-demolished shops, house-demolished enterprises and institutions, neighborhood committee, women (women should be more than 30% of all representatives) are organized to take part in discussion meetings six months before land acquisition and demolition. The rneeting will inform them about the process and further obtain their opinions and suggestions. (5) Public Gathering Meetings The meetings are held 3 months before land acquisition and demolition, mainly to explain relevant policies, laws and regulations, compensation rates, etc. Thus, PAPs can prepare for the resettlement earlier. (6) Propaganda through Media (7) Making a Land Acquisition and House Demolition Announcement The main contents are: brief introduction of the project, the demolition scope, resettlement policies(including compensation rate), organizations responsible for resettlement, scheme of resettlement, rights and obligations of PAPs, grievance and appeals, monitoring and evaluation etc. (8) Publicizing PAP Placing the RAP reviewed by the World Bank in PNingbo Urban Construction Investment Administration Office and library before the World Bank appraise the Project, propagate the notice in local newspapers so that PAPs and Non governmental Organizations can look it up. 9 Information Handbook of Resettlers. Main contents of resettlement are compiled as information handbook of resettlers, which should be put out to enterprise and representative shops after project was evaluated before the movement. Main contents 58 of information handbook of resettlers are, general situation of project, project effects, compensation policy, implementing agency and appeal channel etc.. 8.2 Public Opinions Survey In September 2002, PMO organized conducting public opinion and suggestions. The survey results show that, in 97 surveyed households, 78% of surveyed households knowed the construction of project, 22% of surveyed households did not know the project; 95% of surveyed households approved the project, 5% was indifferent; 89% of the surveyed households thought it was beneficial to country and collective, 75% thought it was beneficial to individuals; 44% of surveyed households thought environmental pollution leading to economic loss, 56% of surveyed households thought it affected investment environment, 63% of surveyed households thought it affected living and work seriously; 95% of surveyed households knew or knew a little about policies of land acquisition and demolition and resettlement. And in the process of land acquisition and demolition, once their legal rights are impinged, they will turn to appeal. Public opinion and psychology questionnaire can be seen in Table 8.1. Table 8.1 Public Opinion and Psychology Questionnaire No. Questions Answers Results (1) (2) (3) (4) (5) 1 Do you know that the (1 )Yes(2)Know a little about(3)No 78% 22% project will be constructed? 2 Do you agree with the (1 )Yes(2)No(3)lndifference 95% 5% project? 3 Who will benefit from the a) The State(1)Yes(2)No 89% 11% project?(More than one b) The Collective(1)Yes(2)No 89% 11% answer can be chosen.) C) Individual(1 )Yes(2) No 75% 25% 4 Which of the potential (1 )economic loss 44% 56% hazards of environmental (2)affecting commute pollution do you know? (3)deterioration of investment environment (4)smearing the images of Ningbo 59 No. Questions Answers Results (1) (2) (3) (4) (5) 5 To what extend does the (1 )have no impacts 11% 21% 63% 5% environment deterioration (2)not serious affect your work and life? (3)rather serious (4)serious 6 Which of the benefits do (1)improvement of living environment 53% 37% 10% you think you can get from (2)improvement of working environment the project? (3)providing employment opportunity (4)benefiting health of body and mind 7 Which of the adverse (1 )have no adverse impacts 37% 5% 47% 11% impacts do you think the (2)The project constructicn may affecl project will have on you? traffic condition. (3)economic loss caused by house demolition (4)decrease of income caused by lanJ acquisition (5)other adverse impacts 8 Do you know the policies on (1 )Yes 58% 37% 5% urban land acquisition, (2)Know a little house demolition, (3)No resettlement and compensation? 9 Do you know that you can (1 )Yes 95% 5% appeal to the department (2)No concerned when your rights are encroached upon? 8.3 Public Participation Process and Policy Disclosure Table 8.2 Public Participation Process Date Place Participant Contents Remarks 2002.4-2 Lingjia PMO,House Demolish Determination of Local people knew about 002.7 Village Office,Village committee project impact the project basic and villager area, social information representatives economic initial survey 2002.7 Lingjia PMO,House Demolish Negotiation Village and Villager Village Office,Village committee about representatives agreed and villager Resettlement with ownership 60 representatives Schemes exchange of the houses 2002.9 Lingjia PMO,House Demolish Resettlement Resettlers participated in Village Office,Village committee Detailed social survey and the survey and villager economic survey results was approved by representatives them 2002.10 House PMO,House Demolish Negotiation Improvement of RAP Demolis Office,Village committee about h Office and villager Resettlement representatives Action Plan Table 8.3 Policy Disclosure Document Means & Language Date of Telephone Number & Disclosure Location Introduction of the Chinese, Ningbo TV 2002 12 Ningbo TV station and project station and Ningbo Daily Ningbo Daily General Chinese, Ningbo TV 2002 12 Ningbo TV station and introduction of station and Ningbo Daily Ningbo Daily resettlement information Related Chinese, Ningbo TV 2002.12 Ningbo TV station and Resettlement station and Ningbo Daily Ningbo Daily Policy Resettlement Chinese, booklet After Bank Village Committee Information Appraisal Booklet Announcement of Chinese, Poster After Bank Village Committee RAP disclosure Appraisal RAP Disclosure Chinese and English After Bank PMO,library Appraisal 61 9 Integration with Host Residents The households affected by the project are the residents in city proper and suburban districts of Ningbo. Customs of living ancl production, social and cultural backgrounds of them are the same as those of other residents in Ningbo. When the residents affected purchase houses in the market, they will take their work, living and all kinds of social relations into consideration. Szo did other residents who have lived in the residential sub-districts. Therefore, it is easy for PAPs and original residents to live together. Based on the above analysis, a conclusion can be drawn that the relocated people should have no problem integrating with the host residents. 62 10 Procedures of Appealing The project pays special attention to the PAPs participation throughout the planning and implementation process. The procedures are the following. Stage 1: If any PAP or PAU is aggrieved by any aspect of the resettlement and rehabilitation program, he / she/it can lodge an oral or written grievance with relevant House Demolition Offices directly. Those departments shall resolve the issue within two weeks. Stage 2: If the aggrieved person (unit) is not satisfied with the decision on stage 1, he/ she /it can bring the complaint to the attention of Demolition Department of NBUIDO after the receipt of the decision on Stage 1. Demolition Department of NBUIDO will make a decision on the complaint within two weeks. Stage 3: If the aggrieved person (unit) is not satisfied with the decision of NBUIDO, he/ she /it can appeal to Ningbo Urban Constrcution Committee and NUIPLG, and Ningbo Urban Constrcution Committee and NUIPLG should deal with as soon as possible. Stage 4: If the PAP or PAU is still dissatisfied with the decision, he /she /it can appeal to the People's Court in accordance with Civil Procedure Act after receiving the decision of 63 Ningbo Urban Constrcution Committee and NlJIPLG. PAP or PAU can make an appeal for any aspect of the resettlement and rehabilitation program. Procedures for redress of grievances and the appeal process in detail are publicized among the PAPs and PAUs during participation meetings and in other ways. 64 11 Organizations 11.1 Implementation Organizations The departments responsible for planning, implementation, management, and monitoring of resettlement activities involved in Sewage Treatment Plant and related pipeline of Jiangdongnan of Ningbo are: * Ningbo Urban Infrastructure Project Leading Group (NUIPLG) * Ningbo Urban Infrastracture Developing Project Management Office (PMO) * Demolition and Resettlement Office (DRO) * Ningbo House Demolition Administration Office (NHDAO) * Ningbo Land Administrative Bureau (NLAB) * Yinzhou House Demolition Administration Office (YHDAO) * Yinzhou Land Administrative Bureau (YLAB) * Lingjia Villagers' Committee (LVC) * Beijing Colored Metallurgy Design Institution (BCMDI) * National Research Centre for Resettlement (NRCR) of Hohai University The group leader of NUIPLG is He Jianmin, the vice mayor of Ningbo who is in charge of urban construction, and the vice group leader is Zhang Honhxin, the director of Urban Construction Committee. The members of the group are leaders from Urban Construction Committee, Ningbo Planning Committee, Finance Bureau, Audit Bureau, 65 Planning Bureau, Municipal Public Service Buireau, Transportation Bureau, Environmental Protection Bureau, Land bureau, Garden bureau, City Appearance & Environmental Sanitation bureau, House Administration Bureau, People's Air Defense Office, Ningbo Electricity Bureau, Ningbo Telecommunication Bureau, Ningbo Traffic Management Bureau, Labor Bureau, Civil Bureau, Letters and Appeals Bureau, and the people's Governments of Yinzhou District. NUIPLG is responsible for land acquisition, demolition, directing the implementation of resettlement, organizing and coordinating, exarmining the RAP and investigating the internal monitoring. PMO is responsible for compilation of RAP and implementation management of land acquisition and demolition. DRO is responsible for coordination and management of resettlement implementation. NHDAO is responsible for coordination and management of house demolition and resettlement implementation of whole city. NLAB is responsible for coordination and management of land acquisition and resettlement implementation of whole city. YHDAO are responsible for land acquisition, demolition and implementation of resettlement in their own regions. YLAB are responsible for land acquisition and implementation of resettlement in their own regions. BCMDI is responsible for the design of the project and defining the scope of demolition. 66 NRCR is responsible for the external monitoring on land acquisition, demolition, and the implementation of resettlement. 11.20rganizational Chart | ~~~NUIPLG NLA NHDAO PMO n Institution BCMDI B 7~~~~~~~~~~~~~~~~6 I l l ~~~~~~~ExternalI DRO Monitoring:NRCR YLAB. YHDAO 67 11.30rganizational Capacity 11.3.1 Organization Seniority NUIPLG is composed of the leaders from the people's governments at all level and administrative departments of Ningbo. All the leaders have organized many municipal engineerings involving resettlement and land acquisition, so they have much experience on those respects. In addition, because they come from the people's governments at all levels and many departments, they will well organize and assist each other during the land acquisition, demolition and resettlement. The other organizations also consist of staff with much administrative experience on urban road reconstruction. 11 .3.2 Staffing The resettlement institutions involved in the project are well staffed. The number of regular staff is 25, of which 20 persons are professional workers, accounting for 80%. The number of staff at peak hours is 59. Telecommunications among the institutions are very good, which is very important to implement resettlement. The institutions for demolition administration and implementation have better transportation, vehicles and communication instruments. Institutions for survey, design, monitoring and evaluation have more advanced computers and their workers are good at operating them. Institutions for resettlement, monitoring and evaluation have rich experience of land acquisition, house demolition and rehabilitation, Table 11.1 shows details of the staffing of the resettlement institution involved in the project. Table 11.2 shows details of the principal of the resettlement institution involved in the project. 68 Table 11.1 Staffing of the Resettlement Institutions Involved in the Project Professional Staff at Peak Hours Resettlement Workers U Institutions Unit: Qualification of Staff Unit: person person NUIPLG 2 5 Governmental Officials PMO Engineers, 3 8 Management Staff DRO Civil Servants, Technicians, Workers for 4 8 Social and Economic Survey NHDAO 2 5 Civil servant N LAB 2 5 Civil servant YLAB 3 7 Civil servant YHDAO 3 7 Civil servant BCMDI 2 l Senior Engineers and 2 8 Engineers NRCR, Hohai 4 6 Professors and Univ. Engineers Total 25 59 Table 11.2 Principals of Key Implementing Agencies Involved in Project l l l | ~~~~~~~~Duty inl Organizatio S Present th Projects n Title Duty Project responsible for He Ningbo People's Vice Director Jianmin Government mayor NUIPLG I|All sub-projects Zhang Ningbo Urban Director Dupty Hongxin Construction Committee director 69 O rganizatio Staff Organization Present Duty In Projects nito Staff Organizationt Duty Project responsible for Huang Ningbo Infrastructure Director Director Shaodi Developing Office Xu Lijun Ningbo Infrastructure Dupty Dupty PMO Developing Office director director All sub-projects Xiang Ningbo Civil Dupty Dupty Weikang Engineering director director Preparation Office Fang Demolition and Division Director Guorong Resettlement Office chief D Yu Demolition and Division Vice Hanzong Resettlement Office chief dchiesfn DRO All sub-projects Hu Demolition and Superint Section Anguo Resettlement Office end worker Fu Demolition and Superint Section Xiaode Resettlement Office end worker 11.4Responsibilities of Institutions 11.4.1 NUIPLG * Is responsible for leading, organizing, coordinating, make the policies, review Resettlement Action Plan, implement interior inspection and make decisions on big problems in resettlement. 70 11.4.2 PMO * Entrusts the design institute to define the scope of area impacts * Organizes to conduct socioeconomics survey * Apply land usage planning permission and land usage construction permission from Municipal State Land Planning Bureau * Organizes and coordinate the compilation of RAP * Conducts the policies of RAP * Make sure and coordinate the implementation of resettlement plan according to schedule of project construction * Allocates resettlement funds and supervise the utilization of fund * Directs, coordinates and supervises the proceedings of RAP * Organizes and carries out internal monitoring, determines which institution will carry out external monitoring and coordinate external monitoring activities * Reviews monitoring reports * Coordinates to resolve the conflicts and issues encountered in the implementation of RAP * Submits reports on progress of land acquisition, house demolition, utilization of funds and the quality of implementation to the World Bank regularly 11.4.3 DRO * Organizes to conduct socioeconomics survey 71 * Registers physical indexes of land acquisition and house demolition and conducts basic survey * Organizes public participation * Participates preparation of RAP and coordinates resettlement implementation * Carries out house demolition regulations * Prepares relevant documents and submits them to Ningbo House Demolition and Renewal Office for house demolition Permission License * Propagates Demolition Notice by Shijiazhuang House Demolition and Renewal Office * Carries out relevant State regulations for land used for project * According to relevant policies, makes resettlement schemes and compensation rate and submits them for approval * Applies for Land Usage Planning and Construction Permission License * Applies for Land Usage Planning and Cc'nstrLiction Permission License * Carry out resettlement action plan * Sign compensation contract for land acquisition and demolition with related districts, counties, resettled households and parties demolished * Review of resettlement activities undertaken * Conduct information management of land acquisition, house demolition and rehabilitation 72 * Train staff * Assist to resolve issues raised for resettlement * Deal with conflicts and appeal, and carry out coordination and administrative arbitrage * Deal with illegal conducts in land acquisition, and carry out administrative punishment and other treatments * Report land acquisition and resettlement condition to PMO 11.4.4 NLAB * Carry out national related policies and regulations for land for construction * Participate in examining compensation rate for land acquiaition and attachments * Deal with approval procedures for land acquisition * Participate in soico-enonomic survey * Participate in compiling and examining resettlement action plan * Issue land usage planning permission and land usage construction permission * Issue Land Acquisition Notice * Direct, coordinate and supervise land acquisition and resettlement * Assist to coordinate and resolve issues raised for resettlement in the process of land acquisition and transfer 73 11.4.5 YLAB * Conducts socioeconomic survey * Carry out survey and register materials for land requisition and demolition * Formulate resettlement action plan after negotiation with parties whose land was requisitioned, and compile resettlernent action plan together * Deal with related procedures * Sign compensation contract for land acquisition and demolition with PMO and villages involved in land acquisition * Conduct information management of land acquisition, house demolition and rehabilitation * Train staff * Assist to resolve issues raised for resettlement 11.4.6 YHDAO * Participate in compilation of RAP * Organize public consultation and propagates policies of land acquisition and demolition * Responsible for resettlement in their own regions * Sign compensation agreements with PAPs and F'AUs * Transfer opinions and suggestions of PAPs to authorities 74 * Provide special assistance with poor PAPs for restoration * Conduct information management of land acquisition, house demolition and rehabilitation * Train staff * Assist to resolve issues raised for resettlement * Deal with conflicts and appeal, and carry out coordination and administrative arbitrage * Deal with illegal conducts in land acquisition, and carry out administrative punishment and other treatments * Report land acquisition and resettlement condition to PMO 11.4.7 LVC * Participate in socio-economic survey and forming resettlement choice * Participate in compiling resettlement action plan * Organize public consultance, and propagandize the policies of land acquisition and demolition * Organize resettlers to carry out production and income restoration after land acquisition * Be responsible for reporting advices and suggestions of resettlers' to superior departments * Provide help to the household with difficulty 75 11.4.8 BCMDI * Reduce project effects through optimization of design * Identify scale of land acquisition and delmolition 11.4.9 NRCR * As an independent monitoring institution,NRCR w 11 monitor on RAP and the implementation of it in all aspects and submit independent monitoring and evaluation reports to NUIPLG, PMlO and the World Bank. 11.5 Measures for Strengthening Institutional Capacity * PMO has organized training staff of land acquisition end resettlement induced by the project, which included World Bank OP4.12, related land acquisition and demolition laws, socio-economic survey theory and nnethods etc.. * PMO will go on with training the staff. They will knov% OD of the World Bank, the regulations of land acquisition and demolition, analysis of cases, simulate practice, cost control and resource allocation to increase their professional abilities to carry out the policies. * To ensure that funds and equipment can be got in time to increase the efficiency * To divide the work properly, and establish and improve the system of rewarding or punishing the staff of carrying out land acquisition and demolition to encourage their initiative. * To establish a demolition and resettlement information management system. with the help of that, to manage the data c,f land acquisition and demolition, to 76 strengthen information feedback, and ensure that each department is well informed. Important problems will be discussed and decided by the leading group of the project. * To strengthen report system and internal monitoring, and solve the problems promptly. * To strengthen the independent monitoring and evaluation. The independent monitoring and evaluation institution should report promptly to relevant department about the problems and provide suggestions to solve them. 777 12 Schedule of Implementationi 12.1 Resettlement and Implementation of the Project According to the schedule, the project is to be built in 2003 to 2005 at two periods. The schedule for resettlement goes with the schedule of each sub project. The key tasks of Land Acquisition and demolition, resettlement are planned to begin in 2002 and end in 2004. The principles of connecting the project construction with tie land acquisition, and resettlement are as the following: * To finish the work of land acquisition and relocation three months before project begins. The time to start the project will be decided according to land acquisition, relocation, resettlement and rehabilitation. * To reserve enough time for the land acquisition, relocation, resettlement and rehabilitation before the start of the project constructicin. 12.2 Implementation Schedule of Resettlement 12.2.1 The principles for making schedule of land acquisition and resettlement * To determine the final scope of land acquisition according to every project design drawing, and to finish the determination before the census and property survey for the land acquisition. * To calculate the result of census and property sLrvey for the land acquisition according to the red line drawings of land acquisition and relocation. It will be 78 done by both Demolition Department of PMO and the owners before the agreements for compensation and resettlement are signed. * To have a mobilization meeting, which should be presided over by Demolition Department of PMO. The Demolition Department should promulgate the policies and ways of land acquisition, relocation, compensation, and resettlement methods. PAPs and PAUs should attend the mobilization meeting. The meeting will be held before they sign the agreements for compensation and resettlement. And formal announcements of land acquisition and relocation will be released after the mobilization meeting. * To sign the agreements of compensation and resettlement after the census and property survey and the release of the formal announcement of land acquisition and relocation. * To dispense transition funds to residents during their transitional period. And it should be dealt out before they start to move. * To construct new public utilities and municipal infrastructure in advance and then demolish the old ones. * To settle accounts and deal out compensation after the assignment, and before the relocation. * To carry out and inspect the resettlement action until it meets the demand of the demolished. 12.2.2 Overall Plan of Land Acquisition and Resettlement The overall plan of the project is fixed in light of the schedule of the land acquisition, preparation for and progress of the resettlement, and the project construction. Details are in Table 12.1. 79 I Table 12.1 The Schedule of Land Acquisition and Resettlement i I2002 12003 12004 12005 12006 [200 ID Task Name Duration Star Finish Q3|04|Q1 02 03 0Q2|I2Q3|Q4|QI 0Q 304Q ILI 4L1 IQ2 Q3 Q41QI jQ21j
Группа Всемирного банка · Resettlement Plan
China - Zhejiang Urban Environment Project : resettlement action plan (Vol. 5 of 9) : RAP for Jiangdongnan sewage treatment plant and related pipelines project of Ningbo City
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