Draft RP for Yichang 17052018 ToSDES(clean) revised(6Jul18) … · 2018-07-19 · E. HD Options...
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Resettlement Plan May 2018 PRC: Hubei Yichang Comprehensive Elderly Care Service Demonstration Project Prepared by YPMO of Hubei Yichang Comprehensive Elderly Care Service Demonstration Project for the Asian Development Bank.
Transcript of Draft RP for Yichang 17052018 ToSDES(clean) revised(6Jul18) … · 2018-07-19 · E. HD Options...
Resettlement Plan
May 2018
PRC: Hubei Yichang Comprehensive Elderly Care
Service Demonstration Project
Prepared by YPMO of Hubei Yichang Comprehensive Elderly Care Service Demonstration Project for the Asian Development Bank.
CURRENCY EQUIVALENTS (as of 15 May 2018)
Currency unit – yuan (CNY) CNY1.00 = $0.158
$1.00 = CNY6.340
ABBREVIATIONS
ADB - Asian Development Bank AH - Affected Household AP - Affected Person CECC - Community Elderly Care Centers DCF - Dementia Care Facility DMS - Detailed Measurement Survey FSR - Feasibility Study Report GNH - Geriatric Nursing Hospital HD - House Demolition HDAO - House Demolition Administration Office IA - Implementing Agency
YCJTK - Yichang Jiantou Health & Elderly Care Industrial Investment Co., Ltd.
LA - Land Acquisition LAR - Land Acquisition and Resettlement LRB Land Resource Bureau M&E - Monitoring and Evaluation PMO - Project Management Office YMG - Yichang Municipal Government YPMO - Yichang Project Promotion Management Office PRC - People’s Republic of China RIB - Resettlement Information Booklet RP - Resettlement Plan
WEIGHTS AND MEASURES
1 hectare = 15 mu
NOTE
In this report, "$" refers to US dollars. This resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. Your attention is directed to the “terms of use” section of this website. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.
Resettlement Plan
May 2018
PRC: Hubei Yichang Comprehensive Elderly Care
Service Demonstration Project
Prepared by the YPMO of Hubei Yichang Comprehensive Elderly Care Service Demonstration
Project for the Asian Development Bank.
CURRENCY EQUIVALENTS
(as of 15 May 2018)
Currency unit – yuan (CNY) CNY1.00 = $0.158
$1.00 = CNY6.340
ABBREVIATIONS
ADB - Asian Development Bank
AH - Affected Household
AP - Affected Person
CECC - Community Elderly Care Centers
DCF - Dementia Care Facility
DMS - Detailed Measurement Survey
FSR - Feasibility Study Report
GNH - Geriatric Nursing Hospital
HD - House Demolition
HDAO - House Demolition Administration Office
IA - Implementing Agency
YCJTK - Yichang Jiantou Health & Elderly Care Industrial
Investment Co., Ltd.
LA - Land Acquisition
LAR - Land Acquisition and Resettlement
LRB Land Resource Bureau
M&E - Monitoring and Evaluation
PMO - Project Management Office
YMG - Yichang Municipal Government
YPMO - Yichang Project Promotion Management Office
PRC - People’s Republic of China
RIB - Resettlement Information Booklet
RP - Resettlement Plan
WEIGHTS AND MEASURES
1 hectare = 15 mu
TABLE OF CONTENTS
EXECUTIVE SUMMARY
I. PROJECT BACKGROUND ...................................................................................................... 1
II. Impacts of Land Acquisition and Resettlement ..................................................................... 4
A. Summary of LAR Impacts ......................................................................................................... 4
B. LA Impacts of Collectively-owned Land ................................................................................. 5
C. Permanent Acquisition of State-owned Land ........................................................................ 5
D. Residential House Demolition .................................................................................................. 7
E. Non-residential House Demolition ........................................................................................... 9
F. Affected Renters and Employees .......................................................................................... 10
G. Affected Ethnic Minorities and Vulnerable Groups ............................................................. 11
H. Affected Ground Attachments ................................................................................................ 11
I. The impact of the project on women ..................................................................................... 11
III. Socioeconomic Profile of the Project Areas ......................................................................... 13
A. Yichang City .............................................................................................................................. 13
B. Dianjun District ......................................................................................................................... 13
C. Gaoxin District .......................................................................................................................... 14
D. Affected towns and Streets..................................................................................................... 14
E. Affected Villages ...................................................................................................................... 15
F. Socioeconomic profile of the affected population ............................................................... 16
G. Ethnic and Gender Analysis ................................................................................................... 17
H. Age structure ............................................................................................................................ 17
I. Education level ......................................................................................................................... 18
J. Housing size ............................................................................................................................. 19
K. Cultivated land resources ....................................................................................................... 19
L. Household properties .............................................................................................................. 19
M. Household income and expenditure ..................................................................................... 19
N. Public awareness and evaluation of the project .................................................................. 21
O. Resettlement willingness survey ........................................................................................... 22
P. Social gender investigation and analysis ............................................................................. 23
IV. Legal Framework and Policy .................................................................................................. 27
A. Laws, regulation and policies for land acquistion and resettlement ................................. 27
B. Key Provisions of Laws, Regulations and Policies on Resettlement ............................... 28
C. ADB Safeguard Policy Statement ......................................................................................... 31
D. Gap Analysis and Gap Filling Measures .............................................................................. 32
V. Eligibility and Entitlements ...................................................................................................... 35
A. Cut-off Date of Eligibility .......................................................................................................... 35
B. Compensation Standards for Collective Land ..................................................................... 35
C. Compensation Standards for House Demolition ................................................................. 38
D. Other House Demolition Allowance and Support ............................................................... 40
E. HD Options (Cash compensation or Resettlement Housing Scheme) ............................ 40
F. Centralizing Resettlement Housing Schemes ..................................................................... 40
G. Confirmation of Resettlement Housing Areas ..................................................................... 41
H. Compensation for Enterprises on State-owned Land ........................................................ 42
I. The vulnerable group .............................................................................................................. 45
J. Compensation for Ground Attachment ................................................................................. 45
VI. RESETTLEMENT AND REHABILITATION PLAN ............................................................. 54
A. Restoration Measures against the LA ................................................................................... 54
B. Resettlement of Residential HD............................................................................................. 56
C. Resettlement of the Enterprises ............................................................................................ 59
D. Resettlement of Renters ......................................................................................................... 60
E. Protection of Women's Rights and Assistance for Vulnerable Groups............................ 61
VII. RESETTLEMENT ORGANIZATION ..................................................................................... 63
A. Resettlement Management Organization ............................................................................. 63
B. Organization Responsibilities ................................................................................................. 63
C. Staffing and Facility Layout .................................................................................................... 65
VIII. PUBLIC CONSULTATION AND GRIEVANCE REDRESS ............................................... 67
A. Public Consultation .................................................................................................................. 67
B. Public Consultation during Project Preparation ................................................................... 67
C. Consultation Plan during Project Implementation ............................................................... 69
D. Complaints and Grievance Redress Mechanism ................................................................ 71
IX. RESETTLEMENT BUDGET................................................................................................... 75
A. Resettlement Budget ............................................................................................................... 75
B. Resettlement Investment Plan and Fund Sources ............................................................. 77
C. Resettlement Fund Management and Appropriation.......................................................... 77
X. RESETTLEMENT IMPLEMENTATION PLAN .................................................................... 78
A. Principles of Resettlement Plan Implementation ................................................................ 78
B. Schedule of Resettlement Implementation .......................................................................... 79
XI. MONITORING AND EVALUATION ...................................................................................... 81
A. Internal Monitoring ................................................................................................................... 81
C. External Monitoring .................................................................................................................. 84
Appendix 1 Resettlement Information Booklet ............................................................................................. 1
Appendix 2 Outline of External Monitoring for Resettlement ................................................................... 13
Appendix 3 Social-economic Situation of Renters ..................................................................................... 15
Appendix 4 Commitment Letter of Existing Elders Resettlement in Yiling District ............................... 20
Appendix 5 Commitment Letter of Existing Elders Resettlement in Xiling District ............................... 21
v
Executive Summary
Introduction. The Hubei Yichang Comprehensive Elderly Care Service Demonstration Project
consists of six components: (1) Strengthening community and home based elderly care services; (2)
demonstration of strengthening dementia care services; (3) geriatric hospital and elderly nursing
home; (4) elderly care management information system; (5) developing EC human resources –
caregiver and manager training and career center; and (6) capacity building for elderly care
management.
Land Acquisition and Resettlement Impacts. The land acquisition and resettlement (LAR)
activities are envisaged in Dianjun Distirct, Gaoxin District and Yiling District of the Yichang City.
According to the scheme recommended in the project feasibility study report (FSR) and assessment
of resettlement impacts, land acquisition and house demolition will affect 62.86 mu of
collectively-owned land: 26.53mu cultivated collective land, 11.5mu pond, 10.7mu garden plots,
2.89mu rural residential land, 3.14mu of roads, and 8.1mu unused land. A total of 44 households
(221 persons), 3 enterprises (with 51 employees), and 4 renters (47 employees). The impacts on
cultivated collective land are found to be not significant since households have other sources of
income. In terms of relocation, a total of 82 persons from 21 households and 3 enterprises (with 51
employees), and 4 renters will be required to relocate.
Policy Framework and Compensation Entitlement. The applicable laws and regulations of the
PRC include the Land Administration Law of the PRC (2004), Decision of the State Council on
Deepening the Reform and Rigidly Enforcing Land Administration (SC [2004] No.28), Guidelines on
Improving Compensation and Resettlement Systems for Land Acquisition (MLR [2004] No.238),
Some Opinions of the State Council on Accelerating the Development of the Elderly Care Industry
(SC [2013] No.35) etc. In addition, the provincial, municipal and governments have promulgated
relevant policies, which provide basic guidelines for the preparation of the RP. All APs will be entitled
to compensation and assistance, which will be disclosed to all APs in a timely manner. Through
adequate consultation with the implementing agency (IA), project management offices (PMOs), local
governments and affected households (AHs), and according to local practices, the resettlement
principles or entitlement matrix have been established.
Compensation Standard and Resettlement Scheme. Collectively-owned land acquisition will be
carried out according to the Notice of the People’s Government of Hubei Province on the Issuance of
the Unified Annual Output Value Standard and Comprehensive Land Price of Districts for Land
Acquisition in Hubei Province (March 13, 2014), Notice of the People’s Government of Dianjun
District on the Implementation of the Unified Annual Output Value Standard for Land Acquisition
(September 24, 2014), and the Compensation and Resettlement Methods of Gaoxin District in
Yichang City for Demolition of Attachments to Land to Be Expropriated (October 28, 2012).
Compensation standards for land acquisition, which include land compensation and resettlement
subsidy, in different districts in Yichang City, range from CNY 49,000/mu to CNY 58,380/mu.
Compensation standards for standing crops also vary. The compensation standard for vegetable
plots ranges from CNY 3,646/mu to CNY 4,600 /mu, and that for orange orchards is CNY 10,000/mu.
vi
Compensation for expropriation of housing on the collectively owned land: The compensation is
computed according to the above policies, notices and actual price of the affected houses. The
compensation standard for brick-concrete house is CNY 600/m2, and for a brick-timber-tile house is
CNY 370/m2. The standard of transition fees is CNY 8/m2·month, and the standard of relocation
subsidies is CNY 20 /m2·household. Compensation for non-residential buildings on state-owned land:
With reference to local conventions of Dianjun district non-residential houses demolition provided by
the Land Acquisition and House Demolition Resettlement Office of Dianjun District as well as
negotiations with the affected enterprises, compensation for those enterprises will be calculated at a
price of one million Yuan /mu. The actual compensation fee will be calculated on the basis of the
assessment price report prepared by an independent assessment agency and the results of the
negotiation between the two parties before the project implementation.
Public Participation and Information Disclosure. All affected persons (about 50% of them are
women) have been informed of key contents of the Resettlement Plan in a variety of ways including
panel discussions, interviews, focused group interviews, and questionnaire surveys. All affected
persons (APs) will participate in the project through these activities, and their opinions are fully
considered in the planning and implementation of the Resettlement Plan. The ‘resettlement
information booklet’ and the Resettlement Plan will be distributed to all APs by June 2018, and the
draft Resettlement Plan will be disclosed on the ADB website by June 2018.
Complaints and Grievance Redress Mechanism. Complaint channels have been established.
Yichang Project Promotion Management Office (YPMO), Yichang Jiantou Health & Elderly Care
Industrial Investment Co., Ltd. (YCJTK), local government and village committees in the affected
areas will receive complaints and grievances from the APs free of charge, and reasonable expenses
arising therefrom will be paid as unexpected expenses to the complainants. An appeal procedure
has been established to settle disputes over compensation and resettlement. The aim is to respond
to appeals of the APs in a timely and transparent manner. The YPMO, the implementation
organization of the project YCJTK and affected district governments and village committees will
coordinate and handle grievances and appeals. The organization structure is showed in chapter VI.
The APs may file appeals about any aspect of resettlement, including compensation rates. The brief
Grievance Redress Mechanism procedure is as follows and the details are described in Chapter VII.
Implementation Arrangements. The Construction Leading Group acts as the leading project
organization on behalf of Yichang Municipal People’s Government. They will guarantee coordination
among all industries and provide guidance in early-stage preparation and implementation of the
project. Under the Construction Leading Group, YPMO is established and is responsible for
coordination of early-stage preparation and implementation. YCJTK acts as the implementation
organization of the project. The resettlement work in the project will be in the charge of the Promotion
Office and YCJTK, and the land acquisition and resettlement office of each district acts as the project
implementation organization.
Monitoring & Assessment and Reports. In order to guarantee the successful implementation of
the Resettlement Plan, internal and external monitoring will be carried out on the implementation of
land acquisition and resettlement activities of the project. YPMO will conduct internal monitoring
vii
jointly with IAs, and the Land Acquisition and Resettlement Office of each district. The results of
resettlement monitoring will be submitted half-yearly to ADB. The YCJTK will entrust an external
monitoring agency to carry out external monitoring and evaluation (M&E) every half a year. M&E
expenses will be part of resettlement expenses.
Resettlement Budget. According to the prices in the second half year of 2017, the total resettlement
budget for this project is 86,632,600 Yuan, including 27,589,409 Yuan of compensation for
permanent requisition of collectively-owned land (31.25% of the total budget), 7,067,900 Yuan of
compensation for housings of displaced rural residents (8.16% of the total budget), 31,420,000 Yuan
of compensation for enterprise relocation (36.27% of the total budget), and 9,999,700 Yuan of
indirect expenses (11.54% of the total budget) including construction expenses of resettlement
buildings. According to the construction scale and the specific situations of construction, the
scheduled construction period in the implementation plan is 16 months, consistent with the
construction period of the project. According to the plan, the implementation of resettlement is
expected to begin in January 2019 and end in December 2022.
1
I. PROJECT BACKGROUND
1. According to the Notice of National Development and Reform Commission and Ministry of
Finance on Implementing the Plan for Alternative Projects during 2016-2018 and Preparation for
Planning New Alternative Projects Utilizing World Bank and Asian Development Bank Loans
(F.G.W.Z. [2017] No. 483), Hubei Yichang Comprehensive Elderly Care Service Demonstration
Project ("the project" for short) has been included in the planning list of alternative projects to be
financed with loans from the Asian Development Bank from 2017 to 2019. USD 150 million loan from
the Asian Development Bank (ADB) will be used to improve community-based elderly care facilities
and the elderly care service system.
2. The project is designed to build a comprehensive elderly care service system with the following
features: (a) home-based care as its bedrock; (b) supported by community-based care which
underpinned by strong institutional care; (c) integrated medical and elderly care; and (d) urban and
rural medical and elderly care services. An elderly care service mechanism that keeps pace with
social development will gradually be developed. The key characteristics of the mechanism are its (i)
diversified investors, (ii) services oriented towards public welfare, (iii) diversified approaches to the
services. (iv) market-oriented operation mechanism, and (v) professional services. In short, the
project aims to play an exemplary role in the development of the elderly care service industry
nationwide by creating a number of pacesetting practices in institutional innovation, the
industrialization of service facilities, and in other aspects.
3. The project has six components and the summary of LAR impacts is showed in Table 1-1:
a) Strengthening community and home based elderly care services. 16 community elderly
care centers (CECCs) will be renovated or built. These centers will provide day care,
home-based care, short-term care (including care for the elders who suffer mild dementia),
and medical and health care as well as terminal care1. The centers together will have 1,616
beds and cover a gross floor area of 59,494m2.
b) Demonstration of strengthening dementia care services. This component will help
Yichang Municipality to demonstrate a pilot of a dementia care service hub. Under this
component, a dementia care facility (DCF) with the capacity of about 300 beds will be
constructed in area of Yichang Municipality Release Management Station (宜昌市救助管理站)
to provide residential elderly care services for the elders who need elderly care and dementia
care. The facilities together cover a footprint area of 4,982 m2 (or about 7.5 mu) and a gross
floor area of 13,350 m2.
c) Geriatric medicine and nursing service. Two hospitals will be built under the component.
One is a geriatric nursing hospital (GNH), where medical and elderly care services will be
combined, and will be built in Dianjun District in Yichang. The hospital will provide medical
1 Terminal care means the medical care at the end of life.
2
care, rehabilitation, nursing, and hospice care services. Covering a site area of 57,500m2 (or
about 86 mu) and a gross floor area of 34,800m2, the hospital will have 500 beds, of which
200 are designated for patients receiving nursing care. The other 300 beds are designated for
patients receiving medical care. Second hospital is a geriatric medicine hospital (GMH) where
medical and rehabilitation services are mainly provided to elderly patients after the acute
period and will be built in the existing Yichang Second People’s Hospital premises. The
capacity of the hospital will be strengthened by expanding its facilities as well as by improving
its geriatric medicine function. Covering a site area of 9.7 mu and a gross floor area of
42,500m2, the hospital will have 500 beds.
d) Elderly care-ICT platform. An information and communication technology is a good tool to
efficiently manage, provide and monitor the EC services. Under this component, an EC
management information system (ECMIS) will be developed and EC-ICT platform will be
established. Once the information management system developed for the management of
elderly care services in Yichang, the platform will require machine rooms, reference rooms,
and offices. It covers a floor area of 1,000m2.
e) Elderly Care Human Resource Development. For this component it will: (i) strengthen the
capacity of Three Gorges Polytechnic (TGP), particularly its elderly care related college
education program and (ii) a caregiver and manager training and career center (CMTCC) for
medical and nursing care workers for elders will be built in the site of Yichang Social Welfare
Institute in Yichang.
f) Institutional capacity building. This component involves monographic study, personnel
training, project research, consultation services, and study and survey.
Table 1-1 Project Components and Summary of the LAR Impact
No. Component Footprint
area (mu) LAR Impact
1 Geriatric Nursing
Hospital 86
Land acquisition and house demolition will
occur in Fanjiahu Village and Bawangdian
Village, Dianjun Sub-district Office of Dianjun
District. There will be impacts on collective
land, houses, and enterprises with employees.
2 Geriatric Medicine
Hospital 9.7
The component will be built within the existing
compound of Yichang Second People’s
Hospital. The land is vacant. There will be no
IR impacts.
3 Dementia Care
Facility 7.5
This component does not involve IR impacts.
The land is state-owned vacant land
4 Community Elderly
Care Centers 55.8
Land acquisition and house demolition will be
done in Tucheng Village, Tucheng Township in
Dianjun District, Liaojiawan Community,
Beiyuan Sub-district Office, Gaoxin District..
3
No. Component Footprint
area (mu) LAR Impact
Some houses in the buildings of CECCs have
been rented out. The rental contracts will be
terminated in advance because of this project.
5
Elderly
care-Information
Communication
Technical
platform
6.4
The two components will be built on the vacant
land of Yichang Social Welfare Institute
compound. No impact on APs. The land is
state-owned vacant land.
6
Caregiver and
Manager Training
and Career Center
7 Institutional
capacity building N/A This component does not involve APs
4
II. Impacts of Land Acquisition and Resettlement
A. Summary of LAR Impacts
4. According to the scheme recommended by the PFR as well as based on the identification of
resettlement impacts, land acquisition and resettlement caused by the project will affect Dianjun
District, Yiling District, Xiling Districtg and Gaoxin District. The Project will:
a) Collective Land. Permanently acquire 94.28 mu of land. Of which, 62.86 mu are
collectively-owned land, including 26.53mu (42.2%) of cultivated land, 11.5mu (18.29%) of
ponds, 10.7mu (17.02%) of garden plots, 2.89mu (4.6%) of rural residential land, 3.14mu (5%)
of roads, and 8.1mu (12.89%) of unused land. A total of 41 households and 160 persons will
be directly affected by land acquisition. Of these, 23 will be affected by land acquisition only
while the other 18 households will be affected by both land acquisition and house demolition.
b) Impact on Housing. Except the 18 households who will be affected by both house
demolition and land acquisition, three households will be required to relocate due to the
renovation of buildings to be used for the geriatric nursing hospital and community elderly
care centers:
a. One household living in Liaojiawan Community Building will be affected.
b. Two elderly households who own units. The building is owned by Civil Affairs Bureau
Table 2-1 Project Affected Populations
Component
Only LA Only Residential HD Both LA and HD
HHs APs HHs APs HHs APs
GNH 17 68 1 8 17 68
CECCs 6 20 2 2 1 4
Total 23 88 3 10 18 72
Source: Project impact survey
c) State Owned Land. Permanently acquire 31.42 mu stated-owned land, all of which are
construction land.
• A total of 3 enterprises (51 employees) will be affected.
d) Impact on Renters. There are 4 renters with 47 employees.
e) Elderly Living in Existing Welfare Institutions. There are about 210 elderly people living in
2 existing welfare institutions of (7) Xiling District Social Welfare Institute and (13) Yiling
District Welfare Home which will be renovated into CECCs in this project. The local
government and the elderly people’ families have come to an agreement through consulting
that the local government have committed to provide places in other welfare institutions to the
elderly people for transition and after the construction of the new CECCs in this project and
the new welfare home of the domestic project, the elderly people could choose to: 1) move to
5
the new CECCs; 2) new welfare home; 3) stay in the welfare institutions during the transition.
No matter what kind of choices, the price will maintain the existing level and not increase for
the 210 elderly people. Please find the commitment letter in appendix 4 and appendix 5 for
details.
B. LA Impacts of Collectively-owned Land
5. The permanent acquisition of collectively owned land in the Project will affect 3 villages and 1
co-operative in Yichang. The villages are Fanjiahu and Bawangdian villages in Dianjun
Neighborhood Office in Dianjun District, Tucheng Village in Tucheng Township in Dianjun District.
The Zhangjiacun Co-op is in the Gaoxin district. The Project requires 62.86 mu of collectively-owned
land including 26.53mu (42.2%) of cultivated land, 11.5mu (18.29%) of ponds, 10.7mu (17.02%) of
garden plots, 2.89mu (4.6%) of rural residential land, 3.14mu (5%) of roads, and 8.1mu (12.89%) of
unused land. 41 households and 160 persons will be directly affected by land and property
acquisition. The details are given in table 2-2.
C. Permanent Acquisition of State-owned Land
6. The Project requires 31.42mu of state-owned land permanently for the construction of the elderly
nursing hospital, which is owned by three enterprises. The land thus to be acquired includes an area
of 18.47 mu (53.41%) of Yipeng Industry and Trade Co., Ltd (which is shut down now); 9.94 mu
(28.74%) of Maoming Tool Manufacturing Co., Ltd, and 2.97 mu (8.59%) of Yichang Zhongnan
Guangmao Stainless Steel Manufacturing Co., Ltd. Maoming Tool Manufacturing Co., Ltd. and
Yichang Zhongnan Guangmao Stainless Steel Manufacturing Co., Ltd. are actually managed by one
person, and there are more than 50 workers at the two enterprises at present.
6
Table 2-2 Impacts of Land Acquisition for the Project
Sub-project Land
Ownership
Affected
villages/locations
Land Acquisition
Land for
construction
(homestead)
Pond Cultivated
land
Garden
land Road
Unused
land
Sub
total
of
area
Number of
affected
households
Number of
affected
enterprise
Number of
Affected
Persons
Unit Mu Mu Mu Mu Mu Mu Mu Number Person
Geriatric
Nursing
Hospital
Collective Fanjiahu village 2.25 11.2 15.9 1.4 2.56 6.6 39.91 30 120
Bawangdian village 0.37 - 6.7 5.3 0.58 1.5 14.45 4 16
State-owned
land
Yipeng Industry
and Trade Co., Ltd. 18.51 18.51 1 1
Yichang Maoming
Tool Manufacturing
Co., Ltd.
9.94 9.94 1
50 Yichang Zhongnan
Guangmao
Stainless Steel
Man. Co., Ltd.
2.97 2.97 1
Subtotal 33.67 11.2 6.7 6.7 3.14 8.1 85.78
Community
Elderly Care
Centers s
Collective Tucheng Village 4 4 6 20
Collective Liaojiawan
community 0.27 0.3 3.93 4.5 1
4
Subtotal 0.27 0.3 3.93 4 0 0 8.5 7
Total 15.7 11.5 26.53 10.7 3.14 26.71 94.28 41 3 211
Source: Project land acquisition and house demolition impact survey
7
D. Residential House Demolition
7. The Project requires house acquisition of 5,433.4 m² on collectively owned land, including main
houses of 4,362.79 m² and attached rooms of 943.21 m². 18 residential HHs and 76 APs will be
affected by house demolition. This house demolition will mainly take place at Fanjiahu Village in the
Dianjun Sub-district Office. In the village, main houses of 3,640 m² and attached rooms of 860 m²
need to be acquired and as a result, 17 households will be affected by both house demolition and
land acquisition. Only one household is affected in Bawangdian Village, with 489.2 m² to be acquired
and 8 persons affected.
Figure 2-1 A House in Fanjiahu Village
8. Four persons in 1 household will be affected in Liaojiawan Resettlement Community of Gaoxin
District, including main houses of 360.99 m² and attached rooms of 83.21 m² by both LA and HD.
Through on-site observations, it noted that the structure of the main house is brick-concrete, and
attached rooms are brick-and-wood structures
Figure 2-2 A House in Liaojiawan Community
8
9. In addition, there are 2 households with 2 elderly people lived in Xiaoxita, 48 Pingyun Road in
Yiling District will be affected by the renovation of the whole building for CECC of this project. There
are totally 6 houses in that 3-floor building with total area of 787.92 m2, which was used for retired
cadre retreat and belong to Civil Affair Bureau of Yiling District. 2 houses with 204.64 m2 have been
sold to 2 households with 2 elderly people in 2013 and the other 4 houses are vacant now. This is a
renovation project, which doesn’t need to demolish the existing building. The CECC will build 50
ordinary beds to provide daytime care services for the elderly people from surrounding community
and provide training and logistic support for caregivers. According to the consultation results
between the YCJTK, Civil Affair Bureau of Yiling District, Yiling District Welfare Center and the
affected elderly people and their children, the APs want to live in Yiling District Welfare Center where
they could get elderly care services and very near here. YCJTK will rent the two houses in market
price for the project after 2 APs move out. Civil Affair Bureau of Yiling District and Yiling District
Welfare Center will provide two rooms to the APs for renting and they will get 30% discount of both
rent price and service price. As the building will not be demolished, the area of the houses will not be
included in the HD area.
Table 2-3 Impacts of the Residential House Demolition
Sub-project
District
Affected
villages
House Demolition
Main
houses
area(m2)
Attached
room
area(m2)
AH AP
Geriatric
Nursing
Hospital
Dianjun Fanjiahu
Village 3640 860 172 68
Bawandian
Village 489.2 0 1 8
Sub-total 4129.2 860 18 76
Community
Elderly Care
Centers
Gaoxin Liaojiawan
community 360.99 83.21 13 4
Yiling Xiaoxita
community N/A N/A 2 2
Sub-total 360.99 83.21 3 6
Total 4490.19 943.21 21 82
2 The number of households who affected by both LA and HD. 3 Affected by both LA and HD.
9
E. Non-residential House Demolition
10. The construction of GNH will affect 3 enterprises located at Bawangdian Village and Fanjiahu
Village in Dianjun Sub-district Office of Dianjun District. Total area of non-residential HD is 9880.23
m2.
11. Yipeng Industry and Trade Co., Ltd. is the largest of these 3 enterprises that have been shut down.
One security guard stays at each enterprise to look after the properties. This enterprise has an area
of 5465.04 m². Among the total area, 1429.79 m2 are management houses, which are used as
dormitories, boiler room and offices. The other 3027.58 m2 are warehouses. The manager who is the
staff of the enterprise before named Zeng Junxiang has rent the houses of from the enterprise and
rent out to other companies. He rent out 2530 m2 of warehouses to a factory for the production of
electric cable named Hongqi Hengrui Wire and Cable Company since September 2017 and the
contract will expire in December 2020.
12. Yichang Maoming tool Manufacturing Co., Ltd. and Yichang Zhongnan Guangmao Stainless
Steel Manufacturing Co., Ltd. are actually controlled by one person, with a total building area of 4234
m², among them, 1287.06 m2 are management houses and the other 2170.53 m2 are warehouses.
The owner of Maoming Tool Manufacturing Co., Ltd has rent out 700m2 workshop to another
company named Yichang Deyi Stone Industry Company for production. Information of the renters are
described in Section 2.5.
13. About 51 workers are currently employed. (Seen in Figure 2-3 and table 2-4).
Table 2-4 Impacts of the Non-residential House Demolition
Site
Operating
state
House Demolition
Area
(m²)
Number of affected
households
(enterprises)
Population
Yipeng Industry and Trade Co.,
Ltd
Closed and
rent out 5465.04 1 1
Yichang Maoming Tool
Manufacturing Co., Ltd.
Operating 3457.59 1 30
Yichang Zhongnan Guangmao
Stainless Steel Manufacturing
Co., Ltd.
Operating
957.6 1 20
Total 9880.23 3 51
Sources: Project impact survey.
10
Figure 2-3 An Enterprise on State-owned Land
F. Affected Renters and Employees
14. According to the latest data from the survey, there are totally 18 renters, among them 15 renters
in 6 CECCs in Xiling, Wujiagang and Xiaoting District and Yidu County including 10 shops, 1
restaurant, 1 training institution, 1 SPA, 1 hotel and 1 driver school, 3 renters in the Geriatric Nursing
Hospital component in Dianjun District including 2 factories and 1 individual. Among them, 4 renters’
contracts will expire from 2019 to 2022 and will be terminated in advance because of this project
construction including 1 SPA, 1 hotel, 1 factory and 1 individual. There are 47 employees and 1
individual will be affected. Please see table 2-5.
Table 2-5 Impacts on affected Rentes and Employees
Items Community Elderly Care Centers Geriatric Nursing Hospital
(5) CAB Kindergarten (6) Yuanlini Hotel
Location Xiling District Xiling District Dianjun District
Ownership CAB of Xiling District Garden Administration
Bureau
Yipeng Industry and Trade
Co., Ltd
Name of the renters Taohuachi (Cissi) SPA Yuanlini Hotel
Hongqi
Hengrui Wire
and Cable
Company
Zeng
Xiangjun
Business status Open Open Open Open
Business content Beauty and health care. Accommodation and
catering service.
Electirc cable
production
Doorman and
renter
No. of employees 21 6 20 Individual
House area(m2) 681.95 1420 2530
11
Items Community Elderly Care Centers Geriatric Nursing Hospital
(5) CAB Kindergarten (6) Yuanlini Hotel
Rent
price(Yuan/year) 100000 100000 120000 50000
Contract start date 2007.1.1 2009.5.1 2017.9.10 2018.1.1
Contract end date 2022.12.31 2019.05.31 2020.11.30 2020.12.31
Notice for stop Yes Yes Yes
Sources: Social survey and information provided by the YPMO.
G. Affected Ethnic Minorities and Vulnerable Groups
15. The project will have very limited impacts the ethnic minority population in the project area.
16. According to the social survey, the project has no directly affected vulnerable groups such as
disabled people, women-headed household, orphans, elderly people without family and poor
families.
H. Affected Ground Attachments
17. Ground attachments affected by the Subproject include orange trees and fishponds (Table 2-6).
Table 2-6 Summary of Affected Ground Attachments
No. Item Affected
village/community/co-op Unit Qty.
1 Fish ponds
Fanjiahu village Mu 11.2
2 Zhangjiacun Co-op Mu 0.3
3 Organe trees Tucheng village Mu 4
4 Auxiliary facilities on farmlands
Fanjiahu Mu 28.5
5 Bawangdian Mu 12
6 Graves Fanjiahu 2
Source: Project impact survey
I. The impact of the project on women
18. As shown in the sampling survey of 2017, females comprise 49.28% of the total affected
population, and female labor force comprises 36.11% of the total affected population. 53.85% of
them are engaged in agriculture. According to the survey, among the population affected by land
acquisition and house demolition, women enjoy the same legal power as men, including the rights of
contracting cultivated land, education, family planning, and participation in elections. Most of the
women who have been visited during the survey are convinced that they have the same autonomy of
production and management as men, and they can choose whether to work or to do small
businesses on their own. Men and women undertake different responsibilities and play different roles
12
in their family life and reproduction. Women usually spend more time in child-raising, housework, and
family sideline works (such as family farming.)
19. The impact on the income of the affected women is mainly due to the reduction of agricultural
production and animal husbandry caused by the acquisition of cultivated lands. The affected areas
are located closed to urban districts. As a result, farmers also engage in other non-agricultural
production activities in urban areas. Thus, non-agricultural income has increasingly become the main
source of their income in recent years with farming income declining.
20. Opportunities in terms of education for boys and girls are equal, although the educational level of
women is significantly lower than that of men in the project- affected areas. If children study hard,
parents will try their best to support their children to to to school.
21. Cash compensation is a way for resettlement preferred by most of the acquisition-affected
households. There is gender diversity among the land-acquisition affected households in terms of
other resettlement choices after obtaining the cash compensation. The top 1 choice of both men and
women are social security, which are 54.55% and 40% separately. Women preferred to put the
compensation money into bank for savings (40%) compared with men (27.27%). Men have more
interest on spent money on vocational training (27.27%) than women (20%). 36.36% of men would
like to working outside after received the compensation. Women are taking more responsibility at
home in looking after their elders and attending to household works and not prefer to working outside.
For detailed information see Figure 3-8.
22. Most of the concerns shared by the affected women are similar to those of men, such as
sufficient cash compensation for land acquisition, transparent fund release, and shortening of the
transition period as much as possible. However, women ask for something different from men which
indicates the gender diversity: ⁑ A fair housing compensation process is required by more women
than men; ⁒ Women demand more vocational trainings provided by government for free; ⁓
Although more men than women are engaged in village-level management currently, women appeal
for opportunities to participation in management.
23. The survey of 2017 indicated that (1) the project impacts on the income of the affected women is
mainly the reduction of family farming area resulted from land acquisition for the project; (2) most
affected areas are located in suburbs, and due to the great economic development of Yichang, a lot
of non-agricultural employment opportunities have been provided for these affected women in recent
years. The production income of these women has shifted from agricultural-sourced to
non-agricultural-sourced; and (3) impact of the project on women's production income is relatively
small.
13
III. Socioeconomic Profile of the Project Areas
24. The project areas that will be affected by land acquisition and house demolition are located in
Dianjun District, especially near the elderly nursing hospitals (geriatric rehabilitation hospitals). The
project will affect the Fanjiahu Village and Bawangdian Village under Dianjun Street of Dianjun
District in Yichang City. Fanjiahu Village is the major affected administrative village and it has been
the focus of investigation. In addition, 4.5 mu of collectively owned land of will be acquired and 1
household will be relocated in Zhangjiawan Village, Liaojiawan Community, Yichang National Hi-tech
Industrial Development Zone (hereinafter referred to as Hi-tech Zone). Therefore, we'll focus on
socioeconomic situations of areas under investigation.
A. Yichang City
25. Located in the southwest of Hubei Province, Yichang City has a total area of 21,084km2,
including urban area of 4,249km2. By the end of 2016, Yichang City had a permanent population of
4.13 million and a registered population of 3.9431 million. Yichang City governs 05 districts, 03
prefecture-level cities, 05 counties, 87 townships, 23 streets, 296 urban communities and 1,350
village committees.
26. As a sub-center city of Hubei Province, Yichang City's comprehensive economic strength ranks
second in Hubei Province. In 2016, Yichang’s regional GDP was 370.936 billion Yuan, with an
increase of 8.8%; and the per capita GDP of permanent population was 89,978 Yuan, with an
increase of 9.2%. The total local financial revenue was 38.615 billion Yuan, with a decrease of 8.6%,
including local general public budget revenue of 30.004 billion Yuan, with a decrease of 7.5%. The
per capita annual disposable income was 22,261 Yuan, with an increase of 8.8%, the per capita
disposable income of urban households was 29,735 Yuan, with an increase of 9.0%, and the per
capita disposable income of rural households was 14,057 Yuan, with an increase of 8.2%. The per
capita annual consumption expenditure of urban residents was 18,728 Yuan, with an increase of
10.4% and the Engel coefficient of urban households was 29.5%. The per capita annual
consumption expenditure of rural residents was 11,183 Yuan, with an increase of 10.5% and the
Engel coefficient of rural households was 29.7%. The total foreign trade value in the year was 2.674
billion US dollars, with a decrease of 13.4%.
B. Dianjun District
27. Located in the central urban area of Yichang City, Dianjun District has a total area of 532.18km2
and governs 2 townships, 2 towns and 1 street. It had about 105,000 permanent residents at the end
of 2015, including 17,000 urban residents and 88,000 rural residents, accounting for 19.19% and
83.81% of the total population respectively. It had a registered population of 104,900 people by the
end of 2015, including 52,900 men and 51,900 women, accounting for 50.48% and 49.52% of the
total population respectively.
28. In 2016, GDP of Dianjun District was 4.95 billion Yuan, with an annual increase of 9.7%; the local
general public budget revenue was 362.68 million Yuan, with an increase of 24%; the per capita
14
disposable incomes of urban residents and rural residents were 30,144 Yuan and 11,367 Yuan
respectively, with increases of 9.37% and 9.42% respectively. Dianjun District is a moderately
economically developed municipal district of Yichang City with a limited land and a few people. The
level of rural economic development is relatively low. The per capita income of farmers in Dianjun
District in 2016 was 11,367 Yuan, which was 80.86% of the average per capita income of the
Yichang City.
C. Gaoxin District
29. The Gaoxin District is the Yichang National Hi-tech Industrial Development Zone, approved by
the State Council in 2010. It is located at the central urban area of Yichang City. It is the national
transformation and upgrading demonstration zone at the Yangtze River Economic Belt with an area
of 360 km2. It has 7 key industrial parks and extended areas including Dongshan Industrial Park,
Xiaoting Industrial Park, Shenzhen Industrial Park in Hubei Province, Baiyang Industrial Park,
Yichang Bio-industrial Park of Wuhan National Biological Industry Base, Dianjun Electronic
Information Industrial Park and Modern Service Industrial Park. These parks are centralizing all
industrial lands in urban areas of Yichang City and contributing to diversified industries such as the
equipment manufacturing, fine chemical engineering, biological medicine and new materials.
Table 3-1 Socioeconomic Situation in the Yichang City, Affected Districts, and Counties in
2016
Region
Land
area Population
Area of
cultivate
d lands
Gross
regional
product
Financial
revenue
Per
capita
income
of
farmers
Income
of urban
resident
Km2 10,000
persons 1000 ha
100,000,000
Yuan
100,000,0
00 Yuan Yuan Yuan
Yichang
City 21084 413 269.39 3709.36 386.15 14057 29735
Dianjun
District 532.18 10.5 2.984 49.5 3.63 11367 30144
Gaoxin
District 360 20.6 N/A 103
Source: Yichang Statistic Yearbook of 2017
D. Affected towns and Streets
30. The Dianjun Street of Dianjun District is located by the Juanqiao River and covers an area of
63km2. It governs 4 committees and 7 villages: Zhushijie Community, Tanjiahe Township,
Hongguang Town, Zhangjiaba Community, Niuzhaping Village, Bawangdian Village, Ziyang Village,
Wulong Village, Tangshang Village, Lijiahe Village and Fanjiahu Village. In 2016, the permanent
population of Dianjun Street was about 29,500.
15
31. Tucheng Township in Dianjun District has an area of 178km2, and governs 38 village committees.
The population is about 27,000.
32. Beiyuan Community of Gaoxin District, formerly known as Zhangjia Village of Yaowan Township
in Xiling District is located at the central area of Dongshan Industrial Park. It covers an area of 2.54
km2. Has 27,904 persons at 11,519 households. Beiyuan Sub-district Office implements the property
rights system of collective assets and established a farmer’s joint stock cooperative established at
the end of 2012 titled Zhangjiacun Co-op with 1555 members. Beiyuan Sub-district Office consists of
5 neighborhood committees (Chengdong Community, Beiyuanqiao Community, Dongshan Huayuan
Community, Xiamenlu Community and Liaojiawan Community) and one enterprise (Zhangjiacun
Co-op).
33. Maoping Town is located east of Zigui County, borders on Sandouping Town of Yiling District in
the east, Zhouping Township and Xintan Town of Zigui County in the west , and Hejiaping Town,
Changyang County in the south and faces Taipingxi Town, Yiling District across Yangtze River in
the north. It is 40km away from Yichang urban area and closely connected with Three Gorges Water
Control Project. In September 1998, Zigui County was moved 40km eastwards to Maoping Town.
Maoping Town became the political, economic and cultural center of Zigui County. The town covers
an area of 206 square kilometers, administers 18 villages, 03 communities, 110 villager groups,
and 82,291 people in 32,623 households.
E. Affected Villages
34. The project involves 3 administrative villages of Dianjun District in Yichang City and 1 community
in Gaoxin District. The socioeconomic profiles of the affected villages (communities) are given in
Table 3-2.
35. The Bawangdian Village has a total area of 4.27km2. By the end of 2016, it had 8 village groups
and 907 households, with a population of 2,838 including non-agricultural population of 791. In 2016,
the rural per capita net income was 10,242 Yuan which is slightly lower than the average of the
region which is 11,367 Yuan.
36. The Fanjiahu Village in Dianjun District is a major resettlement village related to the construction
of Gezhou Dam. It has a total area of 1.54km2 and consists of 3 village groups. By the end of 2016, it
had 602 households with a population of 1,897, including 1,168 labors. The area of cultivated land is
720mu, including 433mu vegetable planting area, 150 mu garden plots mainly planting oranges, and
136.5 mu of fish ponds. The resettlement residental house4, Jiangcheng Avenue, Wulong 3rd Road,
Second Sewage Treatment Plant and other projects have been started in the village since 2013, and
1,330mu lands and 567 houses have been acquired. Their livelihood were restored through
non-agriculture employment and social security. In 2016, the rural per capita net income was 9,531
Yuan.
4 The houses built by the local government for the resettlement of house demolition for the local project which is not anticipant of ADB project.
16
37. Tucheng Village in Tucheng Town of Dianjun District is composed of the original Tucheng Village,
Caojiafan Village and Daijiawan Village. It now runs 8 village groups and has 689 households and
2,305 persons. This Village covers an area of 7.4km2, with a cultivated area of 2,364mu. In 2016, the
rural per capita net income was 11,980 Yuan.
38. Liaojiawan Community in Gaoxin District was established in September 2011, covering an area
of 1.02 km2. The permanent residential population is 2,368 at 4,189 HHs. Liaojiawan Community is
still under construction and the occupancy rate remains low. For example, 1200 housings in Banshan
Yunting Housing Estate are still under construction. There is rarely any cultivated land in Liaojiawan
Community. In 2016, the per capita net income of villagers therein was about 12,306 Yuan most of
which came from non-agricultural activities.
39. Jingangcheng Village is located in southwest of Maoping Town close to the Zigui County. It is an
outskirt village. It now administers 9 villager groups and 1,513 households and has total population of
3,961. It covers a total area of 8.5 square kilometers, including 2639mu of cultivated land, 1000mu
garden land, 3533mu forest land, 200mu urban villages and industrial lands and 50mu land for
transportation, and has one reservoir and 30% forest coverage rate. The villagers mainly engage in
pig breeding and tea and vegetable planting. The main crops are corns, potatoes and cole flowers
and the main economic crops are local tea and Baimao tea. With urbanization, more and more
people find employment in non-agricultural sectors and as a result, residents' income is rapidly
increasing. The average disposable income of rural residents in 2016 was 9200 Yuan.
Table 3-2 Socioeconomic Situations of the Affected Villages in 2016
Town Village
Total
area
The
number of
HH
Total
population Men
Cultivated
land
Rural per
capita net
income
km2 HH Person Person Mu Yuan/
year
Dianjun Street
Fanjiahu
Village 1.54 547 1897 958 720 9531
Bawangdian
Village 4.27 907 2838 1433 350 10242
Tucheng Town Tucheng
Village 7.4 698 2305 1164 2364 11980
Beiyuan Street Liaojiawan
Community 1.02 4189 2368 2115 / 12306
Maoping
County
Jingangcheng
Village 8.5 3961 1390 2007 2639 9200
F. Socioeconomic profile of the affected population
40. 168 persons from 41 households will be affected by land acquisition and house demolition on
collectively owned lands. 16 households are sampled, with a sampling ratio of 39.02%. Since only a
17
small number of households in Bawangdian Village, Tucheng Village and Liaojiawan Community are
affected by the project and the land acquired area is limited, all households investigated are APs in
Fanjiahu Village.
G. Ethnic and Gender Analysis
41. Most people affected by land acquisition of the project are Han. Only one household with 3 Hani
people (mother and 2 children) are affected by the project.
42. The 16 sample households have 69 persons including 34 women (49.28%). There are 36
laborers including 13 workers (36.11%), and 13 agricultural workers (36%) of which 7 are women
( 53%). There are only 4 migrant workers (11%). The population composition of the sample
households is as shown in Table 3-3.
Table 3-3 Population Profile of the Sample Households
Town,
village
Influence
type
Sample
households
Total
population Men Women
Labor
force
Agricultural
labor
Migrant
workers
Fanjiahu
Village of
Dianjun
Sub-street
Office
Land-lost
households 9 39 19 20 20 9 3
Displaced
households 1 5 3 2 3 0 0
Households
suffer from
both land
acquisition
and house
demolition
6 25 13 12 13 4 1
Total 16 69 35 34 36 13 4
H. Age structure
43. Among the sampled 69 household members, the youngest one is 2 years old and the oldest one
89 years old, with an average age of 44 years. Among the APs, pre-school children account for
4.35%, 6-17 year-old teenagers and children account for 11.59%, 18-35 year-old young people
account for 20.29, 36-60 year-old middle-aged people account for 36.23% and the elderly aged over
60 accounts for 27.53%. The age composition of affected people is as shown in Figure 3-1.
18
Figure 3-1 Age Structure of the Sample Household Members (%)
44. The reason for larger proportion of the elderly in the sample households lies in the ageing trend
in Yichang. The families who have been interviewed are often the elderly persons engaged in
agriculture who live at home. The young people often work and live in urban areas and only go home
at the weekends.
I. Education level
45. Among the 69 sample household members 3.45% are illiterate, 22.41% are with primary
education, 41.38% are with junior middle school education, 25.86% of people with senior high school
education and 6.9% are with junior college education or above. The education structure of the
sample household members is as shown in Figure 3-2.
46. The correlation coefficient for the education level and age of sample household members aged
over 18 is -0.6, indicating that on the average, the younger the person is, the higher the education
level the person has, and this is an intergenerational trend.
Figure 3-2 Education Level Structure of the Sample Household Members (%)
19
J. Housing size
47. Among the surveyed 16 HHs, 4 households live in the temporary resettlement houses because
of previous house demolition due to the construction of the resettlement houses (Hujing MingYuan)
which was a domestic project. The house demolition was not done in anticipation of this ADB
Project. The four households will move to the new resettlement houses by the end of 2018.
The four households will be affected by land acquisition (under the Geriatric Nursing
Hospital Construction). The other 12 households mainly live in the brick-concrete houses with per
household area of 318m2 and per capita area of 73.7m2.
K. Cultivated land resources
48. Because of the construction of infrastructure facilities, resettlement houses and sewage
treatment plant for domestic projects5 1,330 mu (0.887km2) lands in the Fanjiahu Village have been
acquired in recent years and only a few cultivated land resources are left. Among the 16 sample
households the cultivated land per household is 2.04 mu and the cultivated land per person is
0.47mu. The cultivated lands are dry lands without paddy field. The crops planted are mainly
vegetables, corns and cole flowers, generating annual net income of 2,446 Yuan per mu. In addition,
the sample households have some land planting oranges, with 1.41mu per household and 0.33mu
per capita.
L. Household properties
49. On average, each of the 16 households investigated has one TV set, one refrigerator, one water
heater, one washing machine, 1 air conditioners, 1 electric cookers, 4 fixed telephone and mobile
phones (including 4 mobile phones), motorcycle, and average 2 households have 1 car. Judging
from the property owned by the families, the living standard of the affected households is at the
middle and lower level in the Dianjun District 6.
M. Household income and expenditure
50. Per capita income of a sample HH in 2016 was 13,441 Yuan, and its per capita income was
12,183 after the deduction of temporary resettlement subsidy (which was 12,183 Yuan). The
proportion of income from business and service industry is the highest, accounting for 42%, followed
by the income from "other (annuity, pension, alimony payment from children, temporary resettlement
subsidies due to house demolition, etc.)", accounting 37%. Income from forestry and other planting
industry, construction industry and industry are 9%, 8% and 5% respectively. There is no income
from grain planting or poultry farming.
5 Land acquisition took place for their domestic projects. They are not associated facilities. They were also not undertaken in anticipation of the project. The land were LAR took place are outside the scope and location of the project. 6One of the most important reasons is that many residents plan to purchase home appliances and other facilities after the relocation.
20
51. It shows that the main income of the sample households in 2016 is from business and transfer
payments, and the proportion of household operating income is not more than 10%. The household
operating income mainly comes from vegetables gardening and selling, and women are the main
labor force in vegetable gardening (Figure 3-3).
Figure 3-3 Income Source Structure of the Sample Household Members in 2016 (%)
Source: Social sample survey.
52. In 2016, the total expenditure per capita of the households was 7,257 Yuan, including household
operating expenditure of 815 Yuan/ person which, account for 11% of total expenses. Household
consumption expenditure amounted to 6,442 Yuan/ person (90%. The proportions of cultural
education expenditure and non-staple food expenditure ranked top two in the household
consumption expenditure, i.e. 2,003 Yuan/ person and 1,541 Yuan/ person respectively; and the
proportion of grain consumption was the lowest, i.e. 321 Yuan/ person (Table 3-6).
53. In 2016, the expenditure-income ratio of the affected households was 0.54, and the
consumption-income ratio was 0.48.
Table 3-4 Schedule of Expenditure of Sample Households in 2016
Item Per capita (Yuan) Proportion (%)
Productive operation expenditure 815 11.23
Living
expenditure
Cultural
education 2003 27.60
Foods 321 4.43
Non-staple foods 1541 21.23
Water, electricity
and gas 558 7.69
Clothes &
accessories 686 9.46
Medical care 853 11.75
Communication
network 480 6.61
21
Total 7257 100.00
Source: Social sample survey.
N. Public awareness and evaluation of the project
54. The public has very little information about the project. 31% of respondents said they only knew
a little about the project; 69% said that did not know about the project at all. However, the public
supports the project (94%) and the other 6% are indifferent.
55. Respondents who support the project believe that the project can help the elders; about 50% of
them think that the project will facilitate the medical treatment (the local residents need to go to
hospital over 10km away at present and they think it is inconvenient), and 37.5% think that it might
increase employment opportunities for local people ((Figure 3-4).
Figure 3-4 Results of "Possible Benefits of the Construction of the Project" (%)
Source: Social sample survey.
56. 44% of the respondents think that the project will reduce their land resources because of land
acquisition; 31% think that the project will damage the environment; and 19% think that the project
will make the living cost increase, for example almost every household has planted vegetables and
most of them not for sale but eat for their own. Some of the elderly people worry that they have to buy
vegetable or spend more time on travel after relocation, which will potentially increase the daily
expenditure. However, the respondents generally believe that these have little influence. In addition,
1/4 of the respondents think that the project has no adverse impacts. 1) the average land loss rate is
28.19% which have little impact on their total income; 2) the resettlement residential houses are very
near where they live now. The details are as shown in Figure 3-4.
22
Figure 3-5 Investigation Results of "Possible Disadvantages of the Construction of the Project" (%)
Source: Social sample survey
O. Resettlement willingness survey
57. All sample households are displaced households because of land acquisition for the project.
Among the 16 households, 14 households hope that the funds can be released in an open and
transparent way.9 households hope that the land requisition and house demolition can be as
complete as early as possible (60%).Some households hope that the selection of resettlement
houses can be fair, the transition period can be minimized, and local labor can be employed as much
as possible (Table 3-5).
Table 3-5: Opinions of Sample Households Regarding Project Land Acquisition and House
Demolition (%)
Land
acquisition
and house
demolition
can be as
complete
as fast as
possible
The
transition
period can
be
minimized
The
households
can be
resettled as
fast as
possible
The local
labor can
be
employed
as much
as
possible
Local
building
materials
can be
used as
much as
possible
The
selection of
resettlemen
t houses
shall be fair
The funds
shall be
released in
an open and
transparent
manner
The number of
households
9 6 5 6 0 7 14
(%) 60.00 33.33 26.67 33.33 0.00 40.00 86.67
58. There are two resettlement methods are provided for house demolition of this project: 1) cash
compensation; 2) purchasing resettlement houses in the centralizing resettlement community. When
the respondents were asked about the willing of resettlement method of house demolition, 7
23
households among 16 sample households who will be affected by both land acquisition and house
demolition said they will choose the resettlement residential houses scheme.
59. 16 sample households will be affected by land acquisition. When they were asked how to use
the land compensation, 53% of respondents want to use land compensation to pay for their social
security, 33% hope that the compensation can be offered to the land contractors directly, and 26.67%
hope that the compensation can be used for providing non-agricultural employment opportunities or
employment technology training (Table 3-6).
Table 3-6: How APs Want to Use Land compensation" (%)
Put into bank
for saving
Purchase
social
security
Invest in
collective
enterprise and
share out bouns
Used for
employment
technology
training
Used for providing
non-agricultural
employment
opportunities
The number of
households
5 8 3 4 4
Proportion
(%) 33.33 53.33 18.75 26.67 26.67
P. Social gender investigation and analysis
60. The 16 sample households have 69 persons including 34 women (49.28%). In the sample, not a
woman headed household was identified as the main earner of the household. Also, there were no
widows, or divorcees or abandoned women among the sample households.
61. The proportion of men's income in the household income (64%) is far greater than that of
women's (36%). The main reason for this is the traditional division of labor of the family members.
Women, especially the middle-aged women, have to care for the elderly and children and do
housework, thereby playing an indispensable role in the family. Although this may prevent some
women from entering the labor force market, this has no impact on their important and even the core
role in the family.
62. Education level of women who are over 18 years in the sample households is significantly lower
than that of men. The proportion of men with junior high school, senior high school/ technical
secondary school, junior college degree, or above is higher than that of women. The proportion of
men with junior high school degree or above is 79% is higher than that of women (i.e., 68%). There is
no illiterate man, while 7of women are illiterate (Table 3-7 and Figure 3-5).
Table 3-7 Gender--specific Educational Levels
Education level Women (person) Men (person)
Illiterate 2 0
Primary school 7 6
Junior middle school 12 13
24
Senior high school/ technical
secondary school 7 8
Junior college and above 0 2
Total 28 29
Note: The statistical analysis objects are the non-student people aged over 18.
Source: Social sample survey
Figure 3-6 Education Structure of Men and Women (%)
Source:Social sample survey
63. There are 21 women labors (18-64 years old) in the sample households who account for 62% of
total number of women. Among them, 2 women study in the college and 6 women were housewives,
6 women engaged in agriculture, 2 women worked in the factory and 5 women did small business
( Table 3-8).
Table 3-8 Gender-specific Distribution of Sample Members in Occupatins
Gender Workers Agricultural Small
business
Staff of
government
department
s and public
institutions
Other
people
Household
wife
Total
Men 4 6 6 1 4 0 21
Women 2 6 5 0 0 6 19
Source:Social sample survey
64. The proportion of men's income in the household income (64%) is far greater than that of
women's (36%). The main reason for this is the traditional division of labor of the family members.
Women, especially the middle-aged women, have to care for the elderly and children and do
housework, thereby playing an indispensable role in the family. Although this may prevent some
women from entering the labor force market, this has no impact on their important and even the core
role in the family.
25
65. 80% of the women and 90% of men hope that the compensation funds for land acquisition and
house demolition can be released in an open and transparent manner. 60% of the women and 36%
of men suggested that the selection of resettlement houses should be fair. 73% of the men and 20%
of women suggested to complete land acquisition as soon as possible. (Figure 3-7).
Figure 3-7 Aspirations of APs regarding Land Acquisition and House Demolition
66. Most households affected by land acquisition are willing to accept cash compensation. They
have different plans regarding how to use cash compensation. Women like to use compensation to
start social security (40%) scheme and to obtain employment technology training (20%). Men like to
use the money to start a social security (55%), non-agricultural employment work (36%), and social
security and employment technology training (27%). Both men and women have little interest in
re-entering the labor market or changing their occupations, but they strongly hope to the get social
security through compensation and resettlement for the land requisition (Figure 3-8).
Figure 3-8 Plans of Women and Men on How to Spend Cash Compensation Received from the
Project
67. The proportion of agricultural income from poultry raising and planting of the affected villages/
groups of the total income is low (less than 10%). However, expenditures on agricultural productions
26
account for 11% of the total household expenditure. Most laborers work in the industrial, business
sector, service sector, and construction sectors. Their average income is slightly higher than the
average per capita income in Dianjun District. Agriculture income reduced because of land
acquisition is less than 2.8% of the total household income. Thus, the normal income will not be
affected and the labor intensity (especially for the elderly) will be lowered down.
68. The area affected by the project is a new area with rapid development. The villagers have
adapted to the continuous land acquisition in the process of urbanization. With the advancement of
urbanization, the secondary industries and third industries in the township will continue to develop,
providing the land-acquired farmers with a lot of non-agricultural employment opportunities. There
are many employment opportunities nearby and the local farmers could work in the nearby.
69. Only a few villagers have a good understanding of the local land compensation policies. 31% of
respondents “know something while not clear about such policies”, while 69% of respondents “have
no idea of such policies”. Judging from results of the interviews, such phenomenon is probably
caused by the insufficient propaganda or communication or the difficulty among poorly educated
residents to understand complicated compensation policies of land acquisition and house demolition.
70. The majority of villagers affected by the project think that the project can benefit both the country
and the people. 94% of the respondents strongly support the construction of this project. No
respondent objected to it directly. They unanimously hope that the formulation, announcement and
implementation of the compensation and resettlement policies will be open, fair, transparent and
timely. They are willing to accept land acquisition and house demolition and support the project
construction on this premise.
27
IV. Legal Framework and Policy
A. Laws, regulation and policies for land acquistion and resettlement
71. The land acquisition, compensation and resettlement policies of the Project have been
formulated based on the policies and laws.
1) Laws, regulations and policies of China
• Land Administration Law of the People's Republic of China (revised and updated in January
1999; revised again in August 28, 2004);
• Regulation on the Implementation of the Land Administration Law of the People's Republic of
China (implemented from January 1, 1999; revised in July 2014);
• Decision of the State Council on Further Reforming and Intensifying the Land Administration
(promulgated on October 21, 2004);
• Circular of the State Council on Intensifying the Land Control (August 31, 2006);
• Regulations of the State Council on Further Reforming the Land Administration (No. 28
Document, 2006).
• Property Law of the People's Republic of China, (implemented from October 1, 2007);
• Regulation of the People's Republic of China on the Disclosure of Government Information
(implemented from May 1, 2008);
• Law of the PRC on the Protection of the Rights and Interests of the Elderly (December 28,
2012, Decree No.72 of the President)
• Some Opinions of the State Council on Accelerating the Development of the Elderly Care
Industry (SC [2013] No.35)
• Notice of the General Office of the Ministry of Land and Resources on Issuing the Guidelines
on the Land Used for Elderly Care Facilities (MLRO [2014] No.11)
2) Regulations and policies promulgated by the Ministry of Land and Resources and Hubei
Provincial People's Government
• Guiding Opinions of the Ministry of Land and Resources on Improving the Land Requisition
Compensation and Resettlement System (November 3, 2004);
• Circular of the Ministry of Land and Resources on Further Improving the Rural Housing Land
Management System and Effectively Maintaining the Rights and Interests of Farmers (March
2, 2010);
• Circular of the Ministry of Land and Resources on Further Implementing the Land Requisition
Management (June 26, 2010);
• Circular of the Provincial People's Government on Releasing the Unified Annual Output Value
Standard and Comprehensive Price of Land Requisition Blocks of Hubei Province (March 13,
2014);
• Letter of the Department of Land and Resources of Hubei Province on Releasing Multiples of
Land Compensation and Resettlement, Correction Coefficient and Crop Compensation
Standard (March 17, 2014);
28
• Guiding Opinions of the Provincial People's Government on Buying the Basic Endowment
Insurance for Land-acquired Farmers in (November 27, 2014);
• Rules for the Implementation of the Endowment Insurance Compensation of Land-acquired
Farmers of Hubei Province (February 26, 2015);
3) Regulations and policies promulgated by the people's governments of all districts and
counties of Yichang
• Measures for the Implementation of Participation of Land-acquired Farmers of Yichang in the
Basic Endowment Insurance (November 14, 2015);
• Notice of Dianjun District People's Government on the Implementation of Unified Annual
Output Value Standard of Land Requisition (September 24, 2014);
• Notice of Dianjun District People's Government on Issuing the Measures for Land Requisition,
Relocation and Resettlement of Dianjun District (August 15, 2012);
• Notice of the Dianjun District Land Requisition and Relocation Leading Group Office on
Publishing the Comprehensive Cost of Resettlement Houses (March 10, 2014);
• Notice of Dianjun District People's Government Office on Issuing the Supplementary
Provisions for Land Requisition, Relocation and Resettlement (March 26, 2014);
• Explanations on the Compensation Policies of the Disabled of Dianjun District (April 8, 2014);
• Measures on the Demolition, Compensation and Relocation of Land Attachments on
Acquired Lands in Dongshan Industrial Park of Yichang National Hi-Tech Industrial
Development Zone (October 28, 2012).
B. Key Provisions of Laws, Regulations and Policies on Resettlement
72. The Land Administration Law of the People's Republic of China is the main law; meanwhile, the
Ministry of Land and Resources and Hubei Province has promulgated the corresponding policies and
regulations based on the Land Administration Law.
73. The Decision of the State Council on Further Reforming and Strictly Executing the Land
Administration (GF [2004] No. 28) which was promulgated in October of 2004 specifies the principles
of land requisition compensation and resettlement subsidiaries as well as compensation standards,
land requisition procedures and supervisions system. The similar legal document also includes the
Guiding Opinions on Improving the Land Requisition Compensation and Resettlement System
(GTZF [2004] No. 38) which constitutes the legal basis for resettlement program of the Project. The
aforesaid policies and the main articles used in the Project are shown below:
1) Provisions of land ownership and land use right
74. The socialist public ownership of land is held by the People's Republic of China, i.e. ownership
by the entire people, and the collective ownership by the working people. The land in urban areas is
owned by the state. The land in rural and urban areas are collectively-owned by farmers, except for
the land, owned by the state as per laws; the homestead, private plots, and private hilly land are
29
collectively-owned by farmers (in accordance with Articles 2&8 of the Land Administration Law of the
People's Republic of China).
75. Based on the needs of the public interest and in accordance with the limits of authority and
procedures specified by laws, the collectively-owned land and private houses and any other real
estate can be acquired by local government. In case that the land owned collectively is acquired, the
costs, e.g. land compensation, resettlement subsidiary and compensation for attachment on the land
and its green crops should be paid in full. In such a situation, ocial security costs of the land,
acquired from farmers should be paid, their livelihoods - should be ensured, and the legal rights and
interests of land-acquired farmers should be maintained according to the laws. For the
non-residential houses, residential houses and any other real estate which are acquired, the
compensation for demolition should be provided and the legal rights and interests of affected
persons should be maintained according to the laws; in case residential houses are demolished,
their new housing conditions should also be assured7 (Article 42 of the Property Law of the People's
Republic of China).
2) Provisions of land requisition and Compensation Standards
76. In case of land requisition, the cash compensation shall be provided for the acquired land
according to its original purpose (planting, construction or unused, etc). The compensation for
acquired cultivated land consists of land compensation, resettlement subsidiary, and compensation
for attachments to or green crops on the land. Compensation for acquired cultivated land will be the
6~10 times of the average annual output value of previous three years. Regarding the resettlement
subsidiary for the acquired cultivated land is calculated by taking into consideration the number of
persons to be resettled. The per capita resettlement subsidy for farmers to be resettled shall be 4~6
times of the average annual output value of previous three years. However, the maximum amount of
resettlement subsidiary for cultivated land per hectare shall not exceed 15 times higher than the
average annual output value of previous two years. (Article 47 of the Land Administration Law of the
People's Republic of China).
77. The local people's government at and above the county level shall take practical measures so as
not to lower the standard of living of land-acquired farmers due to land acquisition. The land
compensation, resettlement subsidiary and compensation for attachments to or green crops on the
land shall be timely paid in full according to the laws. Pursuant to the existing laws and regulations,
the land compensation and resettlement subsidiary shall be paid, and in the event that the original
standard of living of land-acquired farmers cannot be maintained and the amount is not sufficient to
pay social security costs of land-lost farmers, the people's governments at the levels of province,
autonomous region and municipality directly under the Central Government should approve an
increase in the resettlement subsidiary. If the total sum of land compensation and resettlement
subsidiary reaches the upper limit, but not sufficient to maintain the original standard of living before
LAR, the local people's government can provide subsidies for this to ensure maintain their living
standard not lower than before. The people's governments at the levels of province, autonomous
region and municipalities directly under the Central Government shall formulate and publish the
7 查一下。
30
unified annual output value standard or the comprehensive price for land requisition blocks in
different cities and counties. In paying land compensation, the same price shall be applied to similar
land parcels, and the national key construction projects must include the land requisition costs in full
in the budget estimate (Article 12 of the Regulation of the State Council on Further Reforming and
Strictly Executing the Land Administration).
78. The land requisition compensation standard is a comprehensive compensation standard for
expropriating collectively-owned land and is composed of land requisition compensation and
resettlement subsidiary (excluding compensation for attachments to or green crops on the land).
Different kinds of compensation costs for various types of land in different areas shall be determined
as per the land requisition compensation and resettlement multiples, correction coefficient and crop
compensation standard promulgated by the Department of Land and Resources of Hubei Province in
the same period. (Article 1 of Circular of Hubei Provincial People's Government on Releasing the
Unified Annual Output Value Standard and Comprehensive Price of Land Requisition Blocks of
Hubei Province).
3) Provision of resettlement of land-acquired farmers
79. The local people's government at and above the county level will lay down the specific measures
so that the long-term livelihoods of land-lost farmers can be ensured. The measures are including: 1)
use their land for investment capital for the collectively-owned business and get share bonus as
stakeholders. 2) Within the urban and suburban areas, the land-lost farmers could purchase social
security and provide urban employment services such as trainings, working opportunities information
and etc. 3) In rural areas, the local people's governments will reserve the required cultivated land and
arrange the corresponding jobs for the land-lost farmers in the s region when the
collectively-owned land of farmers is acquired. The land-lost farmers without the basic production
and living conditions will be relocated (Article 13 of the Regulation of the State Council on Further
Reforming and Strictly Executing the Land Administration).
4) Provision of land requisition information disclosure
80. During the process of land requisition, both the rights of farmers’ ownership of collective land
shall be maintained. Before land requisition is submitted for approval, the purpose, location,
compensation standard and resettlement approach of land to be acquired shall be notified to farmers
by the local Land Resource Bureau; The findings surveyed by the local Land Resource Bureau of the
status of the land to be acquired must be confirmed by the land-lost rural collective economic
organizations and farmers; and if necessary, the Ministry of Land and Resources should organize
public hearings as per the pertinent legal provisions. The relevant materials which have been known
and confirmed by the land-lost farmers shall be used as the materials necessary for examination and
approval of land acquisition.
5) Provisions of compensation for demolition of houses and resettlement
81. In principle, the suburbs and the land for rural residential area within the boundary of urban
construction expansion determined in the master plan of land utilization shall not be used for single
31
parcel homestead allocation. Instead, the construction of concentrated houses for farmers are
encouraged. (Article 5 of Circular of the Ministry of Land and Resources on Further Improving the
Rural Housing Land Management System and Effectively Maintaining the Rights and Interests of
Farmers).
C. ADB Safeguard Policy Statement
82. The objectives of the involuntary resettlement safeguards of ADB are (i) to avoid involuntary
resettlement wherever possible; (ii) to minimize involuntary resettlement by exploring project and
design alternatives; (iii) to enhance, or at least restore, the livelihoods of all displaced persons in real
terms relative to pre-project levels; and (iv) to improve the standards of living of the displaced poor
and other vulnerable groups.
(i) Screen the project early on to identify past, present, and future involuntary resettlement
impacts and risks. Determine the scope of resettlement planning through a survey and/or
census of displaced persons, including a gender analysis, specifically related to
resettlement impacts and risks.
(ii) Carry out meaningful consultations with affected persons, host communities, and
concerned nongovernment organizations. Inform all displaced persons of their entitlements
and resettlement options. Ensure their participation in planning, implementation, and
monitoring and evaluation of resettlement programs. Pay particular attention to the needs of
vulnerable groups, especially those below the poverty line, the landless, the elderly, women
and children, and Indigenous Peoples, and those without legal title to land, and ensure their
participation in consultations.
(iii) Improve, or at least restore, the livelihoods of all displaced persons through (i) land-based
resettlement strategies when affected livelihoods are land based where possible or cash
compensation at replacement value for land when the loss of land does not undermine
livelihoods, (ii) prompt replacement of assets with access to assets of equal or higher value,
(iii) prompt compensation at full replacement cost for assets that cannot be restored, and (iv)
additional revenues and services through benefit sharing schemes where possible.
(iv) Provide physically and economically displaced persons with needed assistance, including
the following: (i) if there is relocation, secured tenure to relocation land, better housing at
resettlement sites with comparable access to employment and production opportunities,
integration of resettled persons economically and socially into their host communities, and
extension of project benefits to host communities; (ii) transitional support and development
assistance, such as land development, credit facilities, training, or employment
opportunities; and (iii) civic infrastructure and community services, as required.
(v) Improve the standards of living of the displaced poor and other vulnerable groups, including
women, to at least national minimum standards. In rural areas provide them with legal and
affordable access to land and resources, and in urban areas provide them with appropriate
income sources and legal and affordable access to adequate housing.
32
(vi) Develop procedures in a transparent, consistent, and equitable manner if land acquisition is
through negotiated settlement to ensure that those people who enter into negotiated
settlements will maintain the same or better income and livelihood status.
(vii) Ensure that displaced persons without titles to land or any recognizable legal rights to land
are eligible for resettlement assistance and compensation for loss of nonland assets.
(viii) Prepare a resettlement plan elaborating on displaced persons’ entitlements, the income
and livelihood restoration strategy, institutional arrangements, monitoring and reporting
framework, budget, and time-bound implementation schedule.
(ix) Disclose a draft resettlement plan, including documentation of the consultation process in a
timely manner, before project appraisal, in an accessible place and a form and language(s)
understandable to affected persons and other stakeholders. Disclose the final resettlement
plan and its updates to affected persons and other stakeholders.
(x) Conceive and execute involuntary resettlement as part of a development project or program.
Include the full costs of resettlement in the presentation of project’s costs and benefits. For
a project with significant involuntary resettlement impacts, consider implementing the
involuntary resettlement component of the project as a stand-alone operation.
(xi) Pay compensation and provide other resettlement entitlements before physical or
economic displacement. Implement the resettlement plan under close supervision
throughout project implementation.
(xii) Monitor and assess resettlement outcomes, their impacts on the standards of living of
displaced persons, and whether the objectives of the resettlement plan have been achieved
by taking into account the baseline conditions and the results of resettlement monitoring.
Disclose monitoring reports.
D. Gap Analysis and Gap Filling Measures
83. The main aspects of the legal system include the collective land acquisition, the procedures for
transferring collective land to the state, house demolition on collective land in rural areas, and house
demolition on state-owned land in urban areas triggering the need for compensating and relocating
persons, households, and communities. Key gaps between SPS and the PRC’s system and how to
the bridge the gaps are as follows:
a. Lack of identification of the poor and vulnerable groups during the screening process
Specific to vulnerable households (men, women, ethnic groups), they are identified by the
Government as those who belong to the (i) Five-Guarantee program (the elderly, weak,
widowed and disabled members who are unable to work and have no means of living, or
whose households lack labor) who are being provided with production and living assistance
(e.g. food, clothing, fuel, education and burial expenses) and (i) those eligible for the
Minimum Living Guarantee System and are provided with living subsidy each month.
Furthermore, identification of the poor and vulnerable households is only done during
implementation.
33
Those who are not considered as vulnerable groups as per Government definition but may
become at risk of being vulnerable or experience hardship due to impacts of LA/HD; i.e.,
may need special support during the transition period (e.g. during relocation such as
provision of labor, transport) will also be identified and will be provided with necessary
assistance.
In this project, no poor and vulnerable households were identified. During RP updating, the
socio-economic conditions will be verified during the impact assessment.
b. Lack of documentation on the consultation and information disclosure activities, and
grievances received
Meetings held at the local levels are often maintained at the local level. Given the roles
and responsibilities of the PMO, meetings and interviews held with the affected households
are reflected in the RP and will continue to be documented during RP updating and
implementation. The grievance redress will also be documented as part of the monitoring
reports. Disclosure of the key information in the RP will be carried out through the
distribution of resettlement information booklets in local language.
c. Inadequate social and risk analysis as resettlement planning is focused on loss of
land and impacts on houses
Government-funded projects carry out impact assessment but focused mostly on land
acquisition and relocation impacts in general and no impact assessment on the
socio-economic conditions of households in particular. For this project, impact assessment
was carried out during RP planning through the conduct of socio-economic survey,
consultation meetings, inventory of losses. Gender analysis was also carried out. Such
measures led to the preparation of project entitlements, relocation, rehabilitation, and
gender strategies; and they are reflected in this RP.
d. Assistance to households who are not eligible for compensation of houses at
replacement cost
Based on the Regulations on the Demolition and Compensation of Houses on State-owned
Land (2011), the illegal houses and temporary structures which were constructed after the
approval period will not be compensated. However, if the APs belong to the vulnerable
groups and in need of housing, they will be assisted in securing affordable housing or
low-rent housing which is according to the Regulations to Solve the Housing Difficulties for
the Low Income HHs issued by State Council [GF 2007, No 24], affordable housing and
low-rent housing should be provided to the households who have housing difficulties. The
demolished HHs can apply the affordable housing and low-rent housing.
Compensation for non-land assets will be at replacement cost and provision of resettlement
assistance similar to those who have licensed houses provided that the affected households
meet the Project’s cut-off date. If an earlier cut-off date has been established by the
Government, the Government’s cut-off date will be followed provided that the following
conditions are met: (i) copy of Halt Notice for Land Acquisition and House Demolition/
34
pre-notice for Land Acquisition and House Demolition published, (ii) documents confirming
dissemination of information (billboards, minutes of public meetings, letters to households,
newspapers, websites, broadcast, etc.), and (iii) confirmation from households that they
were informed about the cut-off-date verbally and in writing. For households who are not
eligible for compensation for houses at replacement cost, the history or reason why the
structure has no certification/license; and their socio-economic conditions and vulnerability
will be assessed by the Project (through its local government and concerned bureaus) to
determine the necessary assistance that can be provided to them to ensure that they will be
able to restore or will not be worse-off.
In this project, there are no illegal houses and temporary structures identified
e. Inadequate monitoring and reporting arrangements
Audit monitoring (focused on resettlement funds) are done but not on a regular basis.
For this project, regular monitoring and semi-annual monitoring reports will be submitted by
the implementing agencies to the PMO while the PMO will submit the reports to ADB.
Monitoring indicators have been developed.
35
V. Eligibility and Entitlements
A. Cut-off Date of Eligibility
84. The cut-off date for compensation is the date of LAR announcement. This is done once the
feasibility study report is approved . After the cut-off date, settlement, newly cultivated land, newly
built houses and any other trees newly planted and facilities newly set up just for extra compensation
on the affected areas shall not be counted in the scope of compensation or subsidy for the project.
B. Compensation Standards for Collective Land
85. Pursuant to the Land Administration Law of the People's Republic of China, the Guiding Opinions on
Improving the Land Requisition Compensation and Resettlement System and the pertinent policies and
regulations of the Land Administration Law of the People's Republic of China implemented in Hubei
Province, the compensation standard of collectively-owned land requisition of the Project shall be carried
out in accordance with the Circular of the Provincial People's Government on Releasing the Unified
Annual Output Value Standard and Comprehensive Price of Land Requisition Blocks of Hubei Province
(March 13, 2014), the Notice of Dianjun District People's Government on the Implementation of Unified
Annual Output Value Standard of Land Requisition (September 24, 2014) and the Measures on the
Demolition, Compensation and Relocation of Land Attachments on Acquired Lands in Dongshan
Industrial Park of Yichang National Hi-Tech Industrial Development Zone (October 28, 2012) through
negotiation with the affected persons. The new LA compensation included three parts, land compensation
fee, young crops compensation, and ground attachment compensation. Land compensation is composed
of land fee and resettlement subsidy. It is s calculated taking the average annual output value of such land
during the 3 previous years. (For more information about the compensation standard of collectively
owned land requisition, refer to Table 4-2.) According to the social survey, the farmland are often used
to plant vegetables or rented out. Most of the vegetables are consumed by affected households
themselves while the rest are sold out at a price of 2000-3000 Yuan per mu, The average net income
from planting vegetables is 1,500 Yuan per mu. The average rental price of the farmland is about
1250 Yuan per mu. As the compensation standard is 53,900 Yuan per mu, it shows that
compensation is about 36 to 43 times of the income from farmland.
86. In Dianjun District, 100% of resettlement subsidies and young crops compensation will give to
the APs; 30% of land fee will be reserved for the village collective organization to buy endowment
insurance for the land-lost farmers, and the remaining 70% of land fee shall be paid to the APs.
87. In Gaoxin District, there was a farmer’s joint stock cooperative established in 2012
titled ’Zhangjiacun Co-operative’ which has 1,555 members. It is the management organization of
collective property including collectively-owned land of 5 neighborhood committees in Beiyuan
Sbu-district Office such as Chengdong, Beiyuanqiao, Dongshan guarden, Xiamenlu and Liaojiawan
neighborhood committee. Because of the urbanization, many villagers lost their land and as a result
do not rely on agriculture anymore for their livelihood. They have voluntary invested their land assets
and land compensation fees in Zhangjiacun Co-op as shares and receive annual bonus as per their
36
shares. Compensation for land acquisition will also be paid to the Zhangjiacun Co-op. Land users will
receive compensations for young crops and auxiliary facilities on their farmlands. 50% of the current
years’ income of the Zhangjiacun Co-op will be distributed as the bonus to the villagers according to
their shares. The remaining 50% of the current years’ income will be used as the surplus
accumulation fund, reserved funds, and welfare expenses.
37
Table 4-2 Compensation Standards of Collectively Owned Land Requisition for the Project in Yichang
Administr
ative
division
Annual
output
value
standard
(CNY/mu
)
Multipl
e
Land
requisitio
n
compens
ation
standard
(CNY/mu)
Land
compensation
standard
Resettlement
subsidy standard
Crop compensation
standard8
Standard correction coefficient of land
requisition compensation9
Scope of
region
Multiple Standard
(CNY/mu)
Multipl
e
Standard
(CNY/mu
)
General
farmland(
CNY/mu)
Vegetable
plot
(CNY/mu)
Vegetable plot,
Garden plot, Tea
plantation,
Intensive fishpond
Woodland Unused
land
Dianjun
District 2450 20 49000 9 22050 11 26950 2846 3646 1.1 0.8 0.5
Fanjiahu
Village,
Bawangdian
Village and
Tucheng
Village
(Tucheng
Township) of
Dianjun
Sub-district
Office
Gaoxin
District 2780 21 58380 4600 1.1 0.8 0.5
Dongshan
Industrial Park
of Gaoxin
District
8 The crops planted are mainly vegetables, corns and cole flowers, generating annual net income of 2,446 Yuan per mu 9 Adjusted between different land use purpose such as wood planting, vegetable or crop planting, etc..
38
C. Compensation Standards for House Demolition 88. In conformation with related regulations and with reference to current prices of affected houses, as well as following the Notice of the People's Government of Dianjun District on the Issuance of Land Acquisition and Resettlement Compensation Measures (August 15, 2012); Notice of Dianjun District Leading Group Office of Land Acquisition and Relocation on Publication of the Comprehensive Cost Price of Resettlement House (March 10, 2014); Notice of the People’s Government of Dianjun District on Issuance of Supplementary Provisions on Land Acquisitions and Resettlement Policies (March 26, 2014); and Measures on the Demolition, Compensation and Relocation of Land Attachments on Acquired Lands in Dongshan Industrial Park of Yichang National Hi-Tech Industrial Development Zone (October 28, 2012), the compensation standards for the rural houses to be acquired because of the construction of the project are shown in Table 4-3. The replacement prices of rural houses in Yichang area are shown in Table 4-4. It can be seen by comparison that the minimum compensation standard (for brick-concrete-structured houses) in Table 4-3 is equivalent to the corresponding replacement price.
Table 4-3 HD Compensation Standards for Rural House Structure Unit: Yuan/m²
Housingstructure
Level
Compensation standard for
houses of less than 5 years (inclusive)
Compensation standard for
houses of 5-10 years
Compensation standard for
houses of more than 10 years
(exclusive)
Brick-concrete (main house)
A 700 640 600
Brick-concrete (main house)
B 600 560 520
Brick-concrete (attached
house) C 500 460 420
Brick-wood (main house)
A 630 580 550
Brick-wood (main house)
B 460 440 410
Brick-wood (attached
house) C 400 370 350
Wood-earth (main house)
A 370 350 330
Wood-earth (attached
house) B 330 300 280
Sources: The policies above.
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Table 4-4 Replacement Price Calculation of Rural Brick-concrete Buildings in Yichang
NO. Item Unit
Brick-concrete structured houses (not decorated) Remark
s Usage per unit
Price (Yuan/unit)
Cost (Yuan)
I Main
construction materials
402.8
1 Cement Ton 0.04 370 14.8
2 Sand Ton 0.2 130 26
3 Gravel Ton 0.6 120 72
4 Steel Ton 0.004 2250 18
5 Wood m3 0.24 600 144
6 Red brick Buck 120 0.4 48
7 Precast slab m² 1 80 80
II Telephone/Wire/Ammet
er/ etc. m² 1 50 50
III Labor 92.28 15%* (I+II)
IV Total 545.08 Source: This table is based on the market survey done by the assessment company in 2017. More than 95% of the rural houses are brick-concrete-structures; therefore, only the cost of the brick-concrete type is given in the table. 89. Please refer to Table 4-5 for standards of compensations for house decorations
Table 4-5 Classification Standard for House Decoration Unit: Yuan/m²
Leve
l
Years
after
decoratio
n
Floor Walls and ceilings Doors and windows Hydroelectric
facilities Tota
l Type
Standar
d Type
Standar
d Type
Standar
d Type
Standar
d
A 3 Paved floor 90
Decoration
for walls
and ceilings
80
Internal and
external
reinforcemen
t with
stainless
steel
70 Complet
e 60 390
B 4 Painted
floor 80
Latex or
outer wall
Paint
70 General and
alloy 60 Average 40 315
C 5 undecorate
d floor 70
Undecorate
d wall 60
Ordinary
wooden
doors and
windows
50 Simple 20 240
Sources: The policies above.
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D. Other House Demolition Allowance and Support 90. In Dianjun District, the following allowance and support will be provided.
• Allowance for lost income caused by relocation and transportation: compensating 20 Yuan /m² for house to be relocated in Dianjun District.
• Subsidy for transition: subsidizing 8Yuan/m² per month for main house, compensation for
moving from the day notified for 03 months. The maximum value of this type of compensation is for 360 m² for each household.
• Farmers who initiatively remove their standing crops and economic woods within one month
of the corresponding notification day will be rewarded 500 Yuan/mu. • 4) Households who initiatively sign the resettlement agreement within one month of the
corresponding notification day will be rewarded 5000 Yuan. And another 5000 Yuan per household, as well as another 50 Yuan /m² of main house, will be rewarded to them if they carry on house demolition on their own initiatives.
91. Gaoxin District, the following allowance and support will be provided
• Temporary resettlement subsidies: When displaced persons choose resettlement houses or cash compensation, temporary resettlement subsidies shall be provided as a lumpsum at the price of 8 Yuan/m2/month as per the area of the main house to be relocated. The maximum area calculated into temporary resettlement subsidies for each household shall be no more than 360m2. If relocated persons decide to find relocation houses on their own, temporary resettlement subsidies shall be provided in installments at the price of 8 Yuan/m2/month for the first year, 10 Yuan/m2/month for the second year, and 12 Yuan/m2/month for the third year. After the key of the old house is handed over and when the agreement is signed, the payment shall be made within 1 month after the concerned person is notified to move into the resettlement house. The maximum housing area calculated into temporary resettlement subsidies for each household shall be no larger than 360m2.
• Relocation subsidies: Relocation subsidies shall be 600Yuan/household and the
compensation for loss of working time shall be 600 Yuan/household.
• Incentives for relocation: Displaced persons who sign the relocation agreement and hand over the house within the specified time limit shall be given 10,000 Yuan per the certificate of use right of collectively-owned land.
E. HD Options (Cash compensation or Resettlement Housing Scheme) 92. Only cash compensation can be adopted for industrial and mining enterprises and attached houses. The compensation value for demolished houses, industrial and mining enterprises as well as professional facilities will be determined by professional assessment agencies. 93. No AP choose cash compensation in this project. All of the affected households choose a centralizing resettlement housing scheme. F. Centralizing Resettlement Housing Schemes 94. The location of resettlement houses will be located at the sites that are selected by the Planning Department. The floor area of a resettlement house will be equal to the confirmed area of the
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demolished house and will be no more than 360 m² for each household (including an extra area of no more than 20 m² per household given in case that they choose an appropriate resettlement houses that are same size of the their demolished houses). Resettlement houses will be allocated according to the order of demolition and house demolition, and there is a priority for those households that relocated earlier to choose the house number and type. G. Confirmation of Resettlement Housing Areas 95. The resettlement house area of each displaced household will be determined according to the area of its main house on the certificate issued by the Land Resource Bureau, the Planning Bureau, the Department of Housing Management. 1) Dianjun District � Basic resettlement house price sets a basic resettlement house price which is 560 Yuan /m². For
the floor area of a resettlement house, which is equal to that of the demolished house, the displaced household will purchase its resettlement house from the Housing Construction Unit at the price of 560 Yuan/m2.
� Comprehensive Cost Price: The comprehensive cost price will include: compensations for land acquisition and house demolition in construction of residential home, costs for engineering survey, design and construction, construction cost of infrastructures, etc. The comprehensive cost price of the resettlement house in Dianjun District is 2200 Yuan /m².
� The extra construction area within 20 m2 per household will be purchased at comprehensive cost
price which is 2200 Yuan/m2 and for 21-40 m² per household will be purchased according to the market price from the Housing Construction Units.
� If an AP wants to purchase more than 360 m2 resettlement housing area, the price will more than
the basic resettlement housing price. � � The cost difference between comprehensive cost price and basic resettlement house price will
be decided by the land user.
� If the area of the demolished house is more than 360 m², and the AP wants to purchase more than 360 m2 floor area, the cost for extra area is called repurchase fee = (comprehensive cost price of the resettlement house 2200 Yuan +house structure compensation standard 600 Yuan-560Yuan) × the extra area that has been confirmed.
� Compensation for a household who has chosen cash compensation instead of a resettlement
house will get 2640 Yuan/m² for the demolished house. Compensation rate for those households who have given up their resettlement houses and chosen only cash compensation =(2600 Yuan/ m² +house structure compensation standard 600 Yuan/ m²-560Yuan/ m²). Meanwhile, a lump sum living allowance will be given to the household that reflects the 6-month housing fee standard.
2) Gaoxin District: 96. Main houses of the displaced households will be replaced with resettlement houses of which the area shall be equivalent to original ones and no larger than 360 m2. In case the area of the main house is less than 40 m2, the resettlement house shall be provided as per the approved number of displaced persons, and the per capita area will not exceed 40 m2. The purchase price of multi-storey buildings used as resettlement houses shall be 1145 Yuan/ m2 and the purchase price of small high-rise buildings used as resettlement houses shall be 1245 Yuan/m2. In case the area of the
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original main house is larger than the resettlement house, the compensation will be 1.5 times of the sum of compensations for the main house as per its area and compensations for the difference between the resettlement house and original one. 97. As there is no unified basic resettlement house price in Gaoxin District,the HD compensation standard for house structure is same as in Yichang city, as showed in table 4-3. The compensations for an acquired house will be the compensations for the house structure (Table 4-3) plus compensation for the difference between the floor area of the resettlement house and of the original house. For example, when an AP chooses the resettlement house option which e is 1245 Yuan/m2, their house structure compensation standard is 700 Yuan/m2, and they will get an additional 545 Yuan/m2 compensation for purchasing resettlement houses. H. Compensation for Enterprises on State-owned Land
98. The project will acquire state-owned ‘land for construction’ and 3 enterprises will be affected. Cash compensation will be applied to the related land and house acquisition, and the relocation and production recovery will be carried out by enterprises themselves. The compensation fee will be decided on the basis of the assessment price conducted by independent assessment agency and the results of the negotiations between the two parties before the project implementation. Following the local conventions of Dianjun district non-residential houses demolition approved by the Land Acquisition and House Demolition Resettlement Office of Dianjun district and based on the negotiations held with the affected enterprises, compensation for those enterprises will be calculated at one million Yuan /mu at this period. YPMO has engaged an assessment agency to conduct premiliary detailed measurement survey for the affected enterprised in Dianjun District from 20 March to 23 March 2018. The following analysis is to explain whether one million Yuan per mu is enough for the replace price according to the local policy and the preliminary assessment results. 99. The compensation for demolition of an enterprise mainly consists of the following: i) the compensation for assets at replacement price including land, houses and ground attachments and the compensation for machines and equipment; ii) the compensation for business losses due to production or business suspension which will be determined according to the actual conditions and the duration of shutdown generally include the actual business loss and the expected business loss and income loss of the employees; iii) the subsidies including removal subsidy⑩, temporary transition subsidy and relocation reward if the enterprise could finish remove on time.
1) Compensation for state-owned land requisition
100. 2. According to the map of urban land classes and standard land prices in Yichang City (2014), most of the lands in Dianjun District are Class VI lands. According to the Notice of Yichang Municipal People's Government on Announcement of Standard Land Price and Land Revenue Standards in Urban Area (Y.F.F. [2014] No. 8) and assessment results, the land price for industrial land of this area is 206 to 350 Yuan/m2 (137,334Yuan/ mu to 233,334 Yuan/mu) and for the storage land of this area is 411 Yuan/m2 (274,001 Yuan/mu). According to the assessment result, the average compensation for state-owned land is 306 Yuan/m2 (203,845 Yuan/mu).
2) Compensation for Houses, buildings and land attachments
101. Buildings and other land attachments of the affected enterprises shall be restored and reconstructed based on their original functions in accordance with industrial standards. Therefore, replacement cost method shall be used for assessment. According to the Notice on the Issuing Construction Project Cost Index in Urban Area of Yichang City in 2015 (Y.S.B.D. [2016] No. 4), the cost index of framework/steel for enterprise houses varies between 658.46 and 1,158.54 Yuan/m2, with an average of 1,045.04 Yuan/m2. A total of 9880.23 m2 houses of 3 enterprises will be
⑩ The removal subsidy is calculated by considering transport distance, measurements and materials.
43
demolished, with an average area of buildings of 314.46 m2 in 1mu of land. Considering the relationship between supply and demand in the real estate market and market conditions, the evaluated price obtained with use of replacement cost method might be low. Generally, the actual cost may be increased by 30% based on the evaluated price from replacement cost method. So, the compensation rate will be 1505 Yuan/m2 and total cost might be 473,257 Yuan for 1mu land.
3) Compensation for machines and equipment
102. According to the assessment results, the compensation for machines and equipment included the replacement price of non transferable equipment and machines and the cost for relocation and reinstall of transferable equipment and machines which was about 20% of the total compensation of house demolition and state-owned land acquisition. Therefore, the compensation for machines and equipments is 362 Yuan/m2(135,420 Yuan/mu).
4) Compensation for business losses
103. According to the Guidelines for the Assessment of Losses from Production Suspension and Closure due to House Demolition on State-owned Lands in Urban Area of Yichang City of November 22, 2013 (a document issued by Yichang Real Estate Valuation and Brokering Association), the business losses from production suspension and closure shall be calculated and paid in the following two ways:
Method 1: Loss from production suspension and closure = assessed value of the expropriated house × monthly compensation rate × period of compensation for production suspension and closure
(Hereinafter referred to as being assessed with base of assessed value of expropriated house);
Method 2: Loss from production suspension and closure = (loss of monthly household use benefit + monthly wage subsidies for employees) x period of compensation for production suspension and closure (hereinafter referred to as being assessed with base of use benefit of expropriated house).
104. The first method is used for this analysis which is also included the compensation for income losses of employees. The corresponding parameters are as follows:
a) The assessed value of the expropriated house: It is determined according to the standards of 1505 Yuan/m2 and 473,257 Yuan/mu mentioned above.
b) The monthly compensation rate: It is 3% for houses for production purpose, 0.4% for houses for business purpose and 0.8% for houses for comprehensive purpose according to the provisions of relevant documents. The project considers all houses as houses for production purpose, and the monthly compensation rate shall be determined correspondingly which is 45 Yuan/m2/month.
c) Compensation period for production suspension and closure: The period of production
suspension and closure for affected enterprises shall be calculated as per table below: (The transition of industrial plants for production purpose may be extended appropriately for a period up to 12 months)
Table4-6 Reference of Compensation Period for Production Suspension and Closure
No. Building area (m2) Compensation period (month)
1 < 1000 2 2 1000 (included)-2000 3 3 2000 (included) -5000 4 4 5000 (included) -8000 5 5 ≥8000 6
Source: the Guidelines for the Assessment of Losses from Production Suspension and Closure due to House Demolition on State-owned Lands in Urban Area of Yichang City of November 22, 2013.
44
105. According to table 4-6, the compensation period for business loss is 6 month and the compensation standard for the loss of production suspension and closure is 84,904 Yuan/mu.
1) Subsidies
106. The subsidies including removal subsidy, transition subsidy and relocation reward if the enterprise could finish remove on time. According to the Notice of the Yichang Municipal Housing Administration Bureau on the Standards of Relocation Compensation and Subsidies on House
Demolition in Urban Areas (YSF 2016 No.33), the standard of subsides are as showed in table 4-7.
Table 4-7 Subsidy standards of of affected enterprises No Name of subsidy Unit Standard Amount Yuan/mu
1 Removal susidy Yuan/m2 15 314.46m2 4717
2 Temporary transition
subsidy11(3 months)
Yuan/m2 /month 9 314.46m2 8490
3 Relocation reward (3
enterprises)
Yuan/enterprise 10000 31.42mu 955
Total 14162
107. According to table 4-7, the transition subsidy period for the enterprises is 3 month and the standard for the temporary subsidies is 14,162 Yuan/mu.
6) Compensation for dismissal of employees
108. If the enterprise moves to another place to continue their business, the employees could continue their contract with the enterprise without compensation. If the enterprise shut down after the house demolition and terminated the contract with employees in advance, the employees should be compensated according to the following terms: In the provisions of Article 46 of Labor Law of PRC passed on December 28, 2012, if an employing unit severs a labor relation with an employee in accordance with the provisions of Articles 36, 40, and 41, it shall pay the employee economic compensation. Article 47 stipulates that the economic compensation paid to the employee shall be calculated according to the standard of monthly wage multiplying by working years as an employee in the unit. If the employee works in the unit for a period of more than 6 months but less than 1 year, the compensation shall be the monthly wage. If the employee works in the unit for a period of less than 6 months, the compensation shall be half a monthly wage. The monthly wage refers to the average wage of the employee during the 12 months before the dissolution or termination of the labor contract. 109. According to the report of Sanxia Economic Daily on September 22, 2017, the average wage of general workers and technicians was about 3,500 Yuan/month. For the purposes of the project, calculation is done based on the monthly wage of 3,500 Yuan/month. According to the investigation, there are 51 employees in the three enterprises. The contract period between enterprise and employees are always three years, taking 3 as the reference and suppose all of the 3 enterprises will shut down, the total compensation for dismissing employees shall be 535,500 Yuan, and 17,043 Yuan/mu (totally 31.42mu). 110. The total calculated compensation standards for affected enterprise are showed in table 4-8 and the amount compensation is 996,300 Yuan per mu. One million Yuan per mu is enough for the replace price according to the local policy and the preliminary assessment results.
11The temporary transition subsidy is calculated for 3 months, the standard of each month equals
to 0.6% of the total compensation for house demolition.
45
Table 4-8 Estimation Standards of Compensation and Resettlement for Enterprise Demolition
No Item Calculated compensation standard
Unit Yuan/unit Unit/mu 10,000 Yuan/mu
1
Compensation for
state-owned land
acquisition
mu 203,845 1 20.38
2 Compensation for
demolished houses m2 1505 314.46 47.33
3
Compensation for
machines and
equipments
(1+2)*30% 20.31
4 Compensation for
business losses Yuan/m2/6month 270 314.46 8.49
5 Subsidies 1.42
6 Compensation for
dismissal of employees Person 10500 1.62 1.70
Total 99.63
Source: the analysis above. I. The vulnerable group
111. There are no vulnerable households identified. However, during RP updating, this will be verified. If there are vulnerable groups affected, they will receive several preferential policies in addition to the foregoing compensation policies:
1) Subsidy of 24 Yuan /m² as well as temporary resettlement will be provided to the disabled for their relocation according to the area of the area of their demolished houses.
2) Another subsidy at 9.6 Yuan /m² according to the area of the demolished main house will be provided to the disabled to help them smoothly get through the transition; the compensation for the loss due to business suspension caused by business relocation of the disabled will be 20% higher than the standard.
3) The elderly people living alone without support from the relatives can apply for living in the welfare home (nursing home) arranged the local civil affairs department if they are willing to and meet the conditions.
J. Compensation for Ground Attachment
112. Ground attachments include orange trees, fishponds, and auxiliary facilities on farmlands. The compensation standards are given in table 4-6.
Table 4-9 Compensation standard for ground attachment
Item Unit Standard
Organze trees Yuan/Mu 3646
Fish ponds Yuan/Mu 10000
Auxiliary facilities on farmlands
Yuan/Mu 2000
Graves Yuan/unit 1000
Source:Provided by Land Acquistion and House Demolition Bureau of Dianjun District
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Table 4-10: Project Entitlements
Impact Type Impact Degree Entitled Persons Compensation and Resettlement Policy Additional Notes
Permanent acquisition of collectively-owned land
62.86 mu, including agricultural land of 37.23 mu, construction land of 5.76 mu, and unused land of 8.1 mu No HH will be severely affected due to loss of productive land.
41 households and 160 persons.
1) Compensation for land, resettlement subsidy based on compensation standards
2) Compensation for standing crops at
replacement cost. 3) Priority access to APs on employment
opportunities; 4) Occupational training and employment
information to APs free of charge.
Allocation of Compensation:
• All resettlement subsidies for cultivated land, garden plots and ponds in rural collectively-owned land will be paid to farmers affected by land acquisition.
• 30% of land compensation will be kept in collective which will be used for purchasing pension insurance for land-lost farmers, and the rest of the land compensation (70%) will be paid to the farmers affected by land acquisition.
• All compensation for land attachments and standing crops will be paid to the owners
The AHs Include the four households in temporary accommodation whose houses were affected by another domestic project in 2016. Their agricultural will be affected by the construction of Geriatric Hospital component12.
12 The original houses (not in the project scope ) of the 4 HHs were affected by other domestic project in 2016 in Dianjun District and their entitlements were according to the same resettlement policies with this project. The four HHs will move to their new resettlement house by the end of 2018.
47
Impact Type Impact Degree Entitled Persons Compensation and Resettlement Policy Additional Notes
Permanent acquisition of state-owned land
34.58mu 3 enterprises with 51 employees
Affected Enterprises
1) compensation for assets at replacement price including land, houses, building, and ground attachments and the compensation for machines and equipment;
2) compensation for business losses due to production or business suspension which will be determined according to the actual conditions and the duration of shutdown generally include the actual business loss and the expected business loss and income loss of the employees;
3) the subsidies including removal subsidy, temporary transition subsidy, and relocation reward if the enterprise could complete removal on time
Affected Employees*
If the enterprise moves to another place to continue their business, the employees could continue their contract with the enterprise without compensation. If the enterprise shut down after the house demolition and terminated the contract with employees in advance, the employees should be compensated
The actual compensation fee will be calculated on the basis of the assessment price report prepared by an independent assessment agency and the results of the negotiation between the two parties before the project implementation *In the provisions of Article 46 of Labor Law of PRC passed on December 28, 2012, if an employing unit severs a labor relation with an employee in accordance with the provisions of Articles 36, 40, and 41, it shall pay the employee economic compensation. Article 47 stipulates that the economic compensation paid to the employee shall be calculated according to the standard of monthly wage multiplying by working years as an employee in the unit. If the employee works in the unit for a period of more than 6 months but less than 1 year, the compensation shall be the monthly wage. If the employee works in the unit for a period of less than 6 months, the compensation shall be half a monthly wage. The monthly wage refers to the average wage of the employee during the 12 months before the dissolution or termination of the labor contract.
House Demolition Acquisition of rural housings of 5433.4
18 rural households and 72 persons
Dianjun District:
The actual compensation fee will be calculated on the basis of the assessment
48
Impact Type Impact Degree Entitled Persons Compensation and Resettlement Policy Additional Notes
m2 (LA+HD) 1 household affected (Liaojiawan Resettlement Community)
A. Compensation Options:
1) Cash Compensation. Those who chose
cash compensation instead of a resettlement house will get (i) 2640 Yuan/m² for the demolished house (2600 Yuan/ m² +house structure compensation standard 600 Yuan/ m²-560Yuan/ m²), and (ii) lump sum living allowance that reflects the 6-month housing fee standard
OR
price report prepared by an independent assessment agency and the results of the negotiation between the two parties before the project implementation
2) Resettlement Housing Area. Basic
resettlement house price sets a basic resettlement house price which is 560 Yuan /m². For the floor area of a resettlement house, which is equal to that of the demolished house, the displaced household will purchase its resettlement house from the Housing Construction Unit at the price of 560 Yuan/m2. Or the AP also has an option to purchase a comprehensive house price*** set at 2,200 yuan /m2
B. Support and Subsidies
• Allowance for lost income caused by relocation and transportation: compensating 20 Yuan /m² for house to be relocated in Dianjun District.
*** For the comprehensive house price, the AP can also purchase the extra 20 m2“comprehensive cost price at 2,200 Yuan /m²; Any extra construction area within 21-40 m2/HH will be purchased according to the market price from the Housing Construction Units. If an AP wants to purchase more than 360 m2 resettlement housing area, the price will more than the basic
49
Impact Type Impact Degree Entitled Persons Compensation and Resettlement Policy Additional Notes
• Subsidy for transition: subsidizing 8Yuan/m² per month for main house, compensation for moving from the day notified for 03 months. The maximum value of this type of compensation is for 360 m² for each household.
• Farmers who initiatively remove their standing crops and economic woods within one month of the corresponding notification day will be rewarded 500 Yuan/mu.
• Households who initiatively sign the resettlement agreement within one month of the corresponding notification day will be rewarded 5000 Yuan. And another 5000 Yuan per household, as well as another 50 Yuan /m² of main house, will be rewarded to them if they carry on house demolition on their own initiatives.
II. Gaoxin District
A. Compensation Options:
Main houses of the displaced households will be replaced with resettlement houses of which the area shall be equivalent to original ones and no larger than 360 m2.
resettlement housing price. The cost difference between comprehensive cost price and basic resettlement house price will be decided by the land user. If the area of the demolished house is more than 360 m², and the AP wants to purchase more than 360 m2 floor area, the cost for extra area is called repurchase fee = (comprehensive cost price of the resettlement house 2200 Yuan +house structure compensation standard 600 Yuan-560Yuan) × the extra area that has been confirmed.
As there is no unified basic resettlement
50
Impact Type Impact Degree Entitled Persons Compensation and Resettlement Policy Additional Notes
In case the area of the main house is less than 40 m2, the resettlement house shall be provided as per the approved number of displaced persons, and the per capita area will not exceed 40 m2. The purchase price of multi-storey buildings used as resettlement houses shall be 1145 Yuan/ m2 and the purchase price of small high-rise buildings used as resettlement houses shall be 1245 Yuan/m2. In case the area of the original main house is larger than the resettlement house, the compensation will be 1.5 times of the sum of compensations for the main house as per its area and compensations for the difference between the resettlement house and original one B. Support and subsidies:
• Temporary resettlement subsidies: When displaced persons choose resettlement houses or cash compensation, temporary resettlement subsidies shall be provided as a lumpsum at the price of 8 Yuan/m2/month as per the area of the main house to be relocated. The maximum area calculated into temporary resettlement subsidies for
house price in Gaoxin District,the HD compensation standard for house structure is same as in Yichang city, as showed in table 4-3. The compensations for an acquired house will be the compensations for the house structure (Table 4-3) plus compensation for the difference between the floor area of the resettlement house and of the original house. For example, when an AP chooses the resettlement house option which is 1245 Yuan/m2, their house structure compensation standard is 700 Yuan/m2, and they will get an additional 545 Yuan/m2 compensation for purchasing resettlement houses.
51
Impact Type Impact Degree Entitled Persons Compensation and Resettlement Policy Additional Notes
each household shall be no more than 360m2.
• If relocated persons decide to find relocation houses on their own, temporary resettlement subsidies shall be provided in installments at the price of 8 Yuan/m2/month for the first year, 10 Yuan/m2/month for the second year, and 12 Yuan/m2/month for the third year.
• Relocation subsidies: Relocation subsidies shall be 600Yuan/household and the compensation for loss of working time shall be 600 Yuan/household.
• Incentives for relocation: Displaced persons who sign the relocation agreement and hand over the house within the specified time limit shall be given 10,000 Yuan per the certificate of use right of collectively-owned land
Loss of Housing (living in a building)
Renovation of building which will fully affect the units they own.
2 elderly households
As agreed, Yiling District Welfare Center will rent the two units at market price. Civil Affairs Bureau of Yiling District and Yiling District Welfare Center will provide two rooms to the APs for renting and they will get 30% discount of both rent price and service price.
Renters The rent contracts will be terminated
Affecting 4 renters with 47 employees
The YPMO has consulted the resettlement schemes with the renters to
52
Impact Type Impact Degree Entitled Persons Compensation and Resettlement Policy Additional Notes
in advance and 1 individual reduce the income loss impacts to a minimum and the preliminary agreement as are as follows: 1) Pay penalty fee to the affected renters according to the breach clause of the agreement. 2) Pay the compensation for the decoration according to the assessment during implementation. 3) Notice the renters to leave at least 6 months before the project implementation. 4) Put the implementation schedule of these CECCs after the expiration of the contract period through adjusting the construction progress. 5)Assist the owners to find new places to continue their business, if needed. 6) Give the affected employees the priority to work in the CECCs after the project completion.
Vulnerable groups / No vulnerable HHs found but will be verified during RP updating
1) The disabled will receive a relocation transportation compensation fund at a level of 24 Yuan per square meter according to the area of the house to be relocated; and a temporary resettlement compensation fund at a level of 9.6 Yuan per square meter according to the area of the house to be relocated; besides, for the disabled operating a business, they will receive a loss compensation fund for the business shutdown, which will be
53
Impact Type Impact Degree Entitled Persons Compensation and Resettlement Policy Additional Notes
20% higher than the normal level.
2) For the elderly of no family losing their houses, can voluntarily apply for living at a welfare house with the arrangement of the local civil administration department, provided they meet the conditions.
3) During the implementation of this project, the local village committee coordinates and helps the vulnerable groups with relocations, and allows them to select the resettlement houses on preferential basis.
54
VI. RESETTLEMENT AND REHABILITATION PLAN
113. This project covers permanent land acquisition and house acquisition. It will permanently acquire the collectively-owned lands belonging to three villages under the jurisdiction of two towns/sub-district at Dianjun District, and one sub-district office and one community in Gaoxin District of Yichang City. These lands amount to 62.86 mu, including 48.73 mu farmlands (26.53mu cultivated land, 11.5mu pond and 10.7mu garden plots), 2.62 mu rural residential land, 8.1 mu unused lands and 3.14 mu road lands, which have directly affected 160 persons from 41 households. 114. According to the results of the resettlement preference sample census conducted among 16 displaced families in Fanjiahu Village of Dianjun District, all the affected families asked for cash compensation for their land losses. This compensation method is operable and easy. After having got the compensation funds, the displaced persons can invest in the tertiary industry, transportation, fish breeding and raising poultry, if they want. 115. During the survey, all the affected families welcomed this project, because they thought this project could improve the local retirement living and medical conditions and provide facilities to villagers, especially to the elderly. 116. The resettlement scheme for the lands acquired for project constructions will be developed based on the affection degree and the preferences of those affected. Different economic recovery plans have been made after thorough coordination with the village committee and the displaced families during social and economic investigations. As mentioned in section 3.2.7, the land loss rate is 28.19%, agriculture income accounted for 10% of the total household income which will be slightly affected (not more than 3%) as they are not highly depend on agricultural income. Land acquisition will not only reduce farmers’ investment in agricultural production, but also reduce the labor intensity on land. What’s more, land compensations will bring considerable cash income to them. 117. For those whose houses will be demolished, they will receive house demolition compensation and can purchasing resettlement residential houses in the centralizing resettlement community. A. Restoration Measures against the LA
118. Fanjiahu village has been affected mostly by land acquisition. This village loses 39.91 mu of lands, including 15.9 mu cultivated lands which account for 2.2% of the village's total cultivated lands. Each family of this village loses 0.53 mu lands on average, accounting for 26% of the average land occupancy volume of each family, namely, 2.04 mu. The project will also occupy some garden plots which mainly planting oranges which is very small and its harvests are mainly self-consumed or sent to others as gifts. Land acquisition mainly affects the cultivated land and the income losses arising from acquisition is less than 3% of family income. 119. Most of young workers choose to work in cities and nearly do no farm works. The middle-age workforces (40-50 years old) still do some farm works, but exert most of their energies on transportation, businesses and building constructions. However, villages still feature extensive farming mode. Zhao Changlin (a man, 90 years old, the previous accountant of Fanjiahu village): I have not done farm works for a long time. Most of my lands have been rented by others with no fixed rental. But I could not leave the village and I have to watch my lands. You can take away all of my lands and then I can leave and stay with my son's family. The compensation funds can also be used to buy endowment insurance. Liu Yunlin (a man, 45 years old): I focus on transportation now and go home to take a rest
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in case of no work. My wife does most of the farm works. My son has grown up and is a sales person. He does not stay in a company for a long time and frequently change jobs. We do not depend on him. We have few farmlands as well as 5-6 mu of forest lands which bring some earnings. These farmlands are often used to plant vegetables. Most of the vegetables will be consumed by ourselves and the rest will be sold at a price of 2000-3000 Yuan. If you acquire my lands, I can get the compensation funds and then sell my old automobile to replace it with a new one. Source: FGD and interview during social sample survey 120. According to the compensation standard, one mu land is equivalent to a compensation fund of 53,000 Yuan or more, including resettlement grants, land compensation funds and crop compensation allowances. The farmers can get more money after their supporting facilities affected have been considered. All of the compensation funds will be paid into the farmers' bank accounts. For instance, Zhao Changlin has land of 1.6mu and hence can get compensation of 88,000 Yuan. Deducting the land compensation of 11,642.4 Yuan and compensation for standing crops of 5,833 Yuan (paid to the person who plants those standing crops), which will be paid to the village committee, the rest 70,524 Yuan will directly paid to Zhao Changlin. At present, these lands are rented out and planted by others and the owner gets rental of about 2,000 Yuan every year. The compensation is more than 35 times his current revenue from the land. Liu Yunlin has land of 0.5mu and hence can get compensation of 29,733 Yuan. Deducting the land compensation of 3,638 Yuan which will be paid to the village committee, Liu Yunlin can get compensation of 26,135 Yuan which is also more than ten times his current revenue from the land. The people affected can, after having got the compensation funds, either learn some skills and go out for work, or take part in the tertiary industries
Source: FGD and interview during social sample survey 121. Collectively owned lands of Gaoxin District all belongs to Zhangjiacun Stock Cooperation and local rural households have not been engaged in agricultural productions for a long time. Since Zhangjiacun Stock Cooperation was founded in 2011, the annual dividend per person is about 2000 Yuan. In addition, Zhangjiacun Stock Cooperation has used the reserved funds and welfare funds to buy comprehensive social basic pension insurance for each shareholder. Even though young people have left home to work in other places, the elderly can make a living under the help of the social security fund. As agricultural income only accounts for a very small proportion of the household income, the land acquisition will barely affects their livelihood. For example, AH in this project live in the residential house in the city and the original house is commonly locked. The orange orchard and fishpond behind and in front of the house are rarely managed. Compensations for standing crops and farmland facilities can bring additional income (about 30000-40000 Yuan) for this family. In the meantime, Zhangjiacun Stock Cooperation can develop the collective economy better and increase the quantity of annual dividends after receiving compensations for land acquisition. 122. The restoration measures for the permanent land acquisition include the following: 1) Cash compensation: the cash compensation standard is shown in table 4-2. 2) Vocational training. Entire labor force will be included in the vocational training plans. At the time of the land acquisition, men above 16 and below 50 and women 16 and below 45 will receive vocational training and skill assessment for one time, vocational consultation for two times, and job recommendations for three times free of charge within three years of after land acquisition. 3) During the project construction, the project builder will give priority to employment of APs during project implementation and operation which will help them get cash income.
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B. Resettlement of Residential HD Dianjun District 123. 76 APs from 18 HHs have been affected by this project by HD in Dianjun District. Two resettlement methods are provided: 1) cash compensation; 2) purchasing resettlement residential houses in the centralizing resettlement community. 124. After the preliminary resettlement preference survey and coordination, all 18 AHs in Fanjiahu Village and Bawangdian Village choose to resettle in the resettlement houses. Dianjun District government is building or has built a batch of resettlement communities in the Jiangnan Ecological New Town project. Those whose houses have been acquired will receive house acquisition compensation funds and they can choose to resettle in the nearby resettlement communities. The compensation is sufficient for them to buy resettlement houses where their original houses were. The average compensation standard for the AHs in Dianjun District is 700 Yuan/m2 for house structure, decoration compensation is 390 Yuan/m2, allowances for HD is 50 Yuan/m2, the total is 1140 Yuan/m2 which is enough for them to buy the resettlement houses in the basic resettlement house price which is 560 Yuan/m2. With the surplus they can decorate houses and purchase household appliances.
Figure 5-1 Resettlement community
under construction Figure 5-2 Resettlement community
under construction Wang Fei (a woman, 39 years old, Junior high school graduation): We have tow young children and lived with my mother. We don’t do farm work and only plant some vegetables to supply our daily life. My husband worked in the nearby factory and I stay at home to take care of my children and mother. The village where we live now is inconvenient and there is no commercial facilities around it. We want to live in the building and life will be more convenient than living in the village, but the cheapest one surrounding is more than 3000 Yuan/m2. This project is not only an opportunity for us to purchase building which we could afford and improve our living environment, but also necessary for the elderly people to go to hospital. My friend and relatives have relocated to the centralizing resettlement community and living in the building now because of the house demolition in other project. We know the compensation and resettlement policy and purchasing resettlement residential houses is our first choice. The total area of our house is 360 m2 and we could purchase 4 houses of 90 m2 and don’t need to pay additional fee for the houses. In addition, we could also receive decoration compensation according to the house area and we plan to live in two houses separately and rent the other two houses out to get rental income.
Source: FGD and interview during social sample survey
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125. The nearest resettlement community named Hujing MingYuan Community locates in Fanjiahu village and is separated from the project area by a road. This resettlement community covers an area of 93.13 mu and has a total building area of 245,954.22 m2, including a housing construction area of 161,850.22 m2, a business construction area of 10,735.57 m2, a complex building area of 17,048.64 m2, and a supporting public building area of 8,262.48 m2, with a total investment of 690 million Yuan. The greening rate of 30.4% and could accommodate 1472 households. There is a total amount of 13 single buildings, including 8 high-rise buildings (30-32 floors). Its supporting facilities include kindergarten, farmer auditorium, vegetable market, complex building, farmer activity center, a business street, and an ancillary power room, a ball parkwith a total of 1362 parking slots. The phase 1 of this project had been initiated on June of 2016, with a building area of 74,945.68 m2 and a construction period of 510 days. According to the previous plan, it should be finished on October of 2017. But because of some delays, the phase 1 may be completed in the second half of 2018 and delivered at the end of that year. 126. In order to avoid the potential impact of resettlement houses construction delay, the subsidy for transition is on the basis of 3 years. As the average house area of the AH is 230 m2, the average transition subsidy for HH is 1835 Yuan per month. The average rent price in this area is 500 Yuan to 1500 Yuan per month for four bedrooms apartment. The transition subsidy is enough for them to rent houses during the transition. Gaoxin District 127. There is only one family needs to be relocated in Liaojiawan Community of Gaoxin District. This family has signed the resettlement agreement after the negotiation and they will receive 986,409.8Yuan as compensations for the demolished house, which includes the main house (360.99m2), attached rooms (83.21m2) and other attachments. This household chose four sets of resettlement houses located in Sijihuayuan Housing Estate in Beiyuan Sub-district Office and Security Housing Estate in Nanyuan Sub-district Office, totaling to 379.52m2 in area. The unit price of purchasing those houses is 1245Yuan/ m2, totaling to a payment of 472,504.4 Yuan. Total compensation for demolished house is 513,905.4 Yuan. It is known that this household is very satisfied with compensation policies for house demolition and they prepare to use the residual payment for decorations. Yiling District 128. There are 2 households with 2 elderly people lived in Xiaoxita, 48 Pingyun Road in Yiling District will be affected by the renovation of the whole building for CECC of this project. The basic information of the APs of the 2 households are as follows: 129. Household 1: the head of household named Ye Shichu, 89 years old male who has retired since 1984 and live alone in the project site. His children lived nearby and he could take care of himself and pension is about 10,000 Yuan per month. 130. Household 2: the female lived alone in the house is a widow and 79 years old. Her children also lived nearby and she could take care of herself and the pension is 2,600 Yuan per month.
131. 2 affected households were noticed about the project in Feburary 2018 and the resettlement scheme has been discussed during March to April 2018 among the APs, their children, and the representatives from YCJTK, Civil Affair Bureau of Yiling District and Yiling District Welfare Center. In 12 April 2018, all of the parties came to an agreement as follows:
1) The houses will be rented by the Yiling District Welfare Center at the market price after the 2 APs have moved out and taken over by the operator of the CECC for renovation and operation.
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2) The APs want to live in Yiling District Welfare Center where they could get elderly care
services. It is located close to where their children live. Civil Affair Bureau of Yiling District and Yiling District Welfare Center will provide two rooms at the welfare center to the 2 APs for renting, and they will get 30% discount in the rent price and the service price, the total of which will not exceed the rent price they received from the rent they received from Yiling District Welfare Center.
3) The lease contract should be signed before the construction of the project and the rent price should be based on the market price and paid to the APs once they moved to the welfare center.
132. As the existing Yiling District Welfare Center is only 500 meters far from the project site and the elders will live in separate room of their own. Both of their children and themselves thought they are too old to take care of themselves and they are willing to go to the center to have the elderly care services. Their houses will not be demolished but rent to Yiling District Welfare Center instead in the market price which is CNY 1500 to 2000 per month. The property rights are not change and still belonging to the 2 elders. The rent fee of their houses could cover the rent for the room in the welfare center and the retirement wages (one is CNY 10,000 and the other is CNY 2,600) could also cover the cost of the elderly care services. They will sign the formal rent contract before implementation. The terms and conditions in the lease agreements were discussed and will be finalized prior to construction. The budget will come from domestic counterpart funds and be included in the total investment separately with resettlement budget.
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C. Resettlement of the Enterprises 133. The project will affect 3 enterprises: Yichang Zhongnan Guangmao Stainless Steel Product Factory, Yichang Maoming Tool Manufacturing Co., Ltd. and Yipeng Industry and Trade Co., Ltd which are all located in Dianjun District. Dianjun District offers two resettlement choices to the affected enterprises: the first is that the enterprises can move to Electronic Industrial Park in Yichang National Hi-tech Industrial Development Zone (Qiaobian Town in Dianjun District), if quality conditions are met; the second is cash compensation for them so that they could resolve resettlement issues by the affected enterprises themselves. 134. Yichang Maoming Tool Manufacturing Co., Ltd. was founded on November 12, 2001 and its business scope is manufacturing of pneumatic and electric tools and forgings, metal materials and products, machinery and building materials. The owner of Maoming Tool Manufacturing Co., Ltd has rent out 700 m2 workshop to another company named Yichang Deyi Stone Industry Company for production in June 2017. They are mainly doing the stone sculpture and dimension stone manufacture and work intermittently. They only start work when they got the orders. There are about 10 relatively fixed workers. The lease contract was signed year by year and will expire in June 2018. It is stated in clauses of contract that when the contract expired there are two situations:1) if the Party A still want to rent out their houses, Party B will have prior right to renew the contract; 2) if the Part A don’t want to rent out the houses, Party B should relocate and find other places to rent and the contract will not renew again. Party A should inform the Party B at least month before the termination date of the contract to prepare to find other places to rent. According to the interview, the owner of Deyi is looking for other places to rent and will continue their business, the 10 workers will still working in Deyi and follow with the company to new site. 135. Yichang Zhongnan Guangmao Stainless Steel Product Factory is a privately run business which was registered on May 12, 2011 and mainly engages in business related to stainless steel products. Yichang Maoming Tools Manufacture Plant Co., Ltd. and Yichang Zhongnan Guangmao Stainless Steel Plant are the property of the same person, with no fixed worker quantity dependent upon seasons and orders. The two factories have about 50 full-time workers. The factories state that they are willing to close and make a transformation provided the compensation price is acceptable. 136. Business of Yipeng Industry and Trade Co., Ltd has been stopped for years. The property owner is a state-owned company and have bankrupt before and a doorman who is 75 years old is hired and stay in the enterprise now. The employees were transferred to other companies or retired in advance. Zeng Junxiang who is the staff of the enterprise was hired to look after the property of the enterprise as a manager. He has rent the houses of from the enterprise and rent out to other companies since 10 years before. He rent out 2530 m2 of warehouses to a factory for the production of electric cable named Hongqi Hengrui Wire and Cable Company since September 2017 and the contract will expire in December 2020. There are about 20 employees working in the cable company. They work intermittently and only start work when they get the orders. It is stated in clauses of lease contract that if there are land acquisition and house demolition by the local government which will cause the termination of contract in advance, each of the party will following that: 1) both of them will not have liability for breach of contract; 2) Party A should return the unused rent to Party B; 3) the compensation for the structures, machine and equipment belonged to Party B should paid to Party B according to the assessment price. According to the interviews, both parties will comply with the terms of the contract. The owner of Cable Company is looking for other places to rent and to continue their business. The 20 workers will work for the company and follow with the company to the new site. With the compensation for the machine and equipment, they could continue to use them and restart the business. They can also apply to move to Electronic Industrial Park in Yichang National Hi-tech Industrial Development Zone (Qiaobian Town in Dianjun District) with the support from Dianjun District Government. The doorman is too old to work and will retired and get pension each month. Zeng Junxiang who is 55 years old could work in the hospital during the project operation.
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137. With reference to local conventions of Dianjun district non-residential houses demolition provided by the Land Acquisition and House Demolition Resettlement Office of Dianjun district as well as negotiations with the affected enterprises, compensation for those enterprises will be calculated at a price of one million Yuan /mu. It is analysis in section 4.7.4 that one million Yuan/mu is enough for the replacement of the enterprises. The actual compensation fee will on the basis of the assessment price report conducted by the independent assessment agency and the results of the negotiation between the two parties before the project implementation. 138. Most of workers in the three factories are young. Due to poor performance in recent years, they have a quite low income and several of them have left the factories and work for others. In recent years, Yichang has initiated the Jiangnan Ecological New Town project. Many key projects have located in Dianjun District, generating a great number of work opportunities. The income of enterprises’ staff will not be affected by the project for the reasons as follows: a) The project owners will inform the affected enterprises in advance, and the enterprises have enough time to prepare for rebuilding before its relocation for which they can restore production soon. b) If the enterprises continue their business, the employees could continue to work in the new enterprises if they want. c) If the enterprises shut down after house demolition, the employees will get compensation for transition and be provided with free-of-charge vocational trainings and work recommendations, which will make their transformations easy. Meanwhile, there are many enterprises in Dianjun District, which provide many work positions. Since it will not be a big problem, the IA agreed that for those workers that do not want to move together with the original enterprise, assistance will be provided to guarantee APs find a suitable new job. D. Resettlement of Renters
139. As the 2 affected renters has been described in section 5.3, the other 2 affected renters have already been in the project site for 12 to 22 years and their current contracts still have 1 to 4 years to complete. The employers of the renters are very supportive of the project and some of them expect to participate in operating of CECCs after the project completion. Some renters are interested in working in the elderly care industry. They hope to receive jobs in the industry through vocational training, especially organized for females and elderly laborers. 140. Taohuachi (Cissi) SPA is a membership beauty and health care center which has 4 branches in Yichang City and Yidu County. The total area of the houses in the project site is 681.95 m2 among which 481.95 m2 of the main building has better decoration and the 200 m2 of affiliated building has simple decoration. The annual turnover is about 3.8 million Yuan, and the total cost of the salaries is about 1 million Yuan and the rent fee is 120,000 Yuan in 2017. According to the breach clause of the agreement if a party breaks the contract (early termination of the lease agreement), they should inform the other party six months in advance and should pay a penalty fee for the other party which is the highest in the following two calculating methods: 1) 50% of the total happened rent which is calculated as 510,000 Yuan; 2) the total unused rent which is calculated as 480,000 Yuan. The decoration of the houses will be assessed before project implementation and the compensation of decoration will paid to the SPA owner. The SPA owner wants to find new place to continue their business in better location in the central city with the help from government such as providing leasing information. There are totally 21 employees in this branch, among which 18 are females and age from 20 to 58 years old. 3 males are the security guards of the SPA, 2 elderly females are the cooks and the cleaner and the other 16 females are skilled masseuse. They can transfer to other branches if they want after the SPA is discontinued. Some of them are keen to get employment in elderly care industry.
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141. Yuanlini Hotel has 27 rooms and the occupancy rate is lower than 60% and the price is from 80 Yuan to 100 Yuan per day, which is a little cheaper than the average hotel price. There are 6 staffs including 2 receptionists and 4 cleaners - 5 of them are about to retire, 4 of them are females in working age. The owner himself is the manager of the hotel. The annual turnover is about 530,000 Yuan and the cost of salaries and rent is about 500,000 Yuan. According to the breach clause of the agreement if a party breaks the contract (early termination of the lease agreement), they should inform the other party one month in advance and should pay a penalty fee for the other party calculated in sum of two parts: 1) 20,000 Yuan of compensation fee; 2) 30% of the total unused rent which is calculated as 30,000 Yuan. The total penalty fee is 50,000 Yuan. Since the hotel has been running with low profits in recent years, the owner plan to transfer and want to have some opportunities in the CECCs operation. If this arrangement is approved, he will not request compensation for advance termination of the rental agreement.
142. As the design scheme for the 02 CECCs is only renovation and as a result, there will be no demolition of the existing buildings. The YPMO has consulted the resettlement schemes with the renters to reduce the income loss impacts to a minimum and the preliminary agreements are as follows: 1) Pay penalty fee to the affected renters according to the breach clause of the agreement. 2) Pay the compensation for the decoration according to the assessment during implementation. 3) Notice the renters to leave at least 6 months before the project implementation. 4) Put the implementation schedule of these CECCs after the expiration of the contract period
through adjusting the construction progress. Allowed the renters to continue their business until the start of the subproject implementation.
5) Assist the owners to find new places to continue their business, if needed. 6) Give the affected employees the priority to work in the CECCs after the project completion.
E. Protection of Women's Rights and Assistance for Vulnerable Groups
The survey team organized women to participate in the survey on the project impact on them and asked for their opinions about the he income restoration plan. These women supported the project and thought that the project would improve local old-age care giving level and remove their worries about their own retired life. The land acquisition will free the women from the farm works. They will not only receive a compensation fund, but also be provided with project work opportunities and vocational trainings on preferential basis. 143. In addition to the land acquisition compensation policy, the women can also be supported by special assistance policies: 1) The affected women can, during the resettlement process, can have access to relevant project information, and participate in consultations and resettlement works. 2) During the implementation of resettlement plan, special women communication conferences were held to introduce relevant resettlement policies to improve their awareness of resettlement policies. 3) Compensation agreement must be signed by the husband and the wife. 144. The vulnerable groups affected can receive, in addition to supports from the above land acquisition compensation policies, the assistances from other preferential policies as follows: 1) The disabled will receive a relocation transportation compensation fund at a level of 24 Yuan per square meter according to the area of the house to be relocated; and a temporary resettlement compensation fund at a level of 9.6 Yuan per square meter according to the area of the house to be relocated; besides, for the disabled operating a business, they will receive a loss compensation fund
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for the business shutdown, which will be 20% higher than the normal level. 2) For the elderly of no family losing their houses, can voluntarily apply for living at a welfare house with the arrangement of the local civil administration department, provided they conform to the relevant adoption conditions. 3) During the implementation of this project, the local village committee coordinates and helps the vulnerable groups with relocations, and allows them to select the resettlement houses on preferential basis.
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VII. RESETTLEMENT ORGANIZATION
A. Resettlement Management Organization
145. Main organizations related to resettlement activities of the project include: �Construction Leading Group of ADB-funded Yichang Comprehensive Elderly Care Service Demonstration Project �Yichang Project Promotion Management Office (YPMO) �Project Implementation Organization: Yichang Jiantou Health & Elderly Care Industrial Investment Co., Ltd. (YCJTK) �Affected townships/streets �Affected villages/neighborhood committees �External Resettlement Monitoring and Evaluation Agency (External M&E Agency)
Figure 6-1 Organization Framework
B. Organization Responsibilities
� Construction Leading Group of ADB-funded Yichang Comprehensive Elderly Care Service Demonstration Project
146. In order to strengthen the organizational leadership of the project construction and to guarantee its successful implementation, Yichang Municipal People’s Government establishes the Construction Leading Group include principal leaders of Yichang Municipal Development and Reform Commission, Yichang Municipal Civil Affairs Bureau, Yichang Municipal Finance Bureau, Yichang Municipal Human Resources and Social Security, Yichang Bureau of Land and Resources, Health and Family Planning Commission of Yichang City, Yichang Municipal Planning Bureau and
Construction Leading Group of ADB-funded Yichang Comprehensive Elderly Care Service Demonstration Project
Yichang Project Promotion Management Office
Yichang Jiantou Health & Elderly Care Industrial Investment Co., Ltd.
External M&E Agency
Land Requisition and House Demoliton of Gaoxin District
Land Requisition and House Demolition Office of Dianjun
District
Affected villages/communities
Affected households and enterprises
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Yichang Jiantou Health & Elderly Care Industrial Investment Co., Ltd. The Construction Leading Group is the supreme decision-making body and leading body of Yichang Comprehensive Elderly Care Service Demonstration Project. � Yichang Project Promotion Management Office
147. Under the Construction Leading Group, the Yichang Project Promotion Management Office(YPMO) is established. Director of the Municipal Civil Affairs Bureau, takes the post of Office Director, principal leaders of Yichang Municipal Development and Reform Commission, Yichang Municipal Civil Affairs Bureau, Yichang Municipal Finance Bureau and Yichang Jiantou Health & Elderly Care Industrial Investment Co., Ltd. take the post of Deputy Director, and a special working team is established by the Municipal Civil Affairs Bureau to be responsible for overall planning and coordination of the project. Under the Promotion Office, Comprehensive Coordination Group, Project Management Group, Policy Guidance Group and Funds and Finance Group are established. The YPMO is also responsible for inspection and guidance of the project implementation unit. � Project Implementation Organization: Yichang Jiantou Health & Elderly Care Industrial
Investment Co., Ltd. (hereinafter referred to as YCJTK) 148. YCJTK, founded in March 2017, is a second-level subsidiary company affiliated with Yichang Urban Construction Investment Holding Group. The company is responsible for overall planning and management of ADB-funded Yichang Comprehensive Elderly Care Service Demonstration Project, and plans to explore a social compressive elderly care service system with the modes of home-based elderly care, community elderly care, organization elderly care and combination of medical treatment and endowment. After the project is completed, the operation and management will be in the charge of Affiliated Hospital of Hubei Three Gorges Polytechnic, Municipal Civil Affairs Bureau, Hospital for Special Care and Social Capital Party. Their responsibilities for resettlement mainly include the following work: (1) Entrusting the Resettlement Consulting Organization to make early preparations for resettlement
(2) Coordination between the consulting company and other organizations during project preparation (3) Coordinating the implementation progress of project construction and resettlement plan (4) Coordinating the work of organizations related to resettlement (5) Raising resettlement funds (6) Appropriation of resettlement funds (7) Tracking and supervision of appropriation of resettlement funds (8) Dealing with displaced persons ‘complaints and appeals during resettlement (9) Cooperating with the external monitoring agency for resettlement (10) Collection and sorting of all kinds of data required by the internal monitoring report (11) Management of resettlement archives (12) Training of persons in charge of resettlement � Land Requisition and House Demolition Offices of Dianjun District and Gaoxin District
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(1) Taking full responsibilities for affairs related to land acquisiton and house demolition (including social insurance of land-lost farmers) (2) Participating in dealing with displaced persons’ complaints and appeals during resettlement � Affected villages/communities
(1) Participating in calculating compensation funds for affected households (2) Supervising the allocation of compensation funds to affected persons (3) Participating in dealing with displaced persons’ complains and appeals during resettlement (4) Participating in training of employability sills of affected persons (5) Participating in implementing employment measures for affected persons � External Resettlement Monitoring and Evaluation Agency (External M&E Agency)
149. The External M&E Agency is responsible for survey and preparation of resettlement report during project preparation, and submits resettlement progress reports and supervision reports to the YPMO and Asian Development Bank during project implementation. The YPMO will employ a qualified monitoring and evaluation organization to act as the external monitoring and evaluation unit for resettlement, and its main responsibilities are described as follows: (1) As an independent monitoring and evaluation agency, observe all aspects of the resettlement plan and its implementation, carry out monitoring and evaluation on relocation and resettlement work and implement effect as well as displaced persons’ social adaptability, and submit the monitoring and evaluation report to Asian Development Bank. (2) Provide technical consulting services to the YPMO with respect to data survey and processing. C. Staffing and Facility Layout 150. In order to guarantee the successful implementation of resettlement, each level of resettlement organizations engage professional personnel and build a smooth information transmission channel. At present, there are 15 personnel in the YPMO, including 03 persons in charge of resettlement. They possess strong organization and coordination abilities and abundant experience in resettlement. They are also proficient in computer operations and fully meet the requirements for resettlement work. The staffing of resettlement organizations at all levels is shown in Table 6-2.
Table 6-2 Facility Layout of Resettlement Organizations at Each Level
No.
Organization Comput
er Camer
a Vehicle Office
Set Set Vehicle (m2)
1 Construction Leading Group of ADB-funded Yichang Comprehensive Elderly Care Service Demonstration Project
5 1 1 100
2 YPMO 8 4 4 240 3 Project Implementation Organization 3 1 1 60
4 Land Acquisition and House Demolition Offices of Dianjun District and Gaoxin District
15 15 15 450
Source: YPMO
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151. Resettlement organizations at all levels can use the existing resources, and basic office equipment. Traffic and communication equipment have already been provided including office tables and chairs, computers, printers, telephones, fax machines and vehicles. 152. In order to better implement the resettlement plan, guarantee the benefits of affected persons and conform to the overall progress plan, the YPMO will take the following measures to strengthen the capability of organizations and increase their efficiency.
• Leadership responsibility system: build a strong leading group guided by the leaders of the government of each district and composed of leaders of relevant government departments.
• High-quality staffing: the personnel of the resettlement organization at each level should have
a strong overall undertanding of the project and its development policies and benefits, a high level policy and professional competence, and rich experience in working with peoples.
• Definite responsibilities: responsibilities of the resettlement office at each level should be
defined according to ADB’s requirements and relevant national laws and regulations.
• Resettlement personnel training: training related to resettlement policies and information management should be occasionally carried out for resettlement personnel according to their work needs.
• Supervision function of the masses and public opinions: all resettlement data and information
should be disclosed to the public.
• Resettlement briefings should be held occasionally and brief reports should be distributed to each district and village (community).
• The YPMO, the project implementation organization and the resettlement organization at
each level will be equipped with necessary vehicles and office facilities, in order to meet work needs.
153. The future organization capacity strengthening and training plan which will be conduted by YPMO with the assistant of resettlement consultants during project implementation. See Table 6-3.
Table 6-3 Training Plan of Resettlement Organizations
Time Place Mode Object Content Organizer
December 2018
Yichang Centralized
lectures
Implementation organization,
land requisition and house
demolition office of each district,
and resettlement personnel of each village (community)
Training related to resettlement
affairs YPMO
March 2019 Yichang Centralized
lectures
Implementation organization,
land requisition and house
demolition office of each district,
and resettlement personnel of each village (community)
Resettlement implementation and monitoring
YPMO and External
M&E Agency
May 2019 China Observation and learning
Project office, implementation
Visit to ADB-funded
YPMO
67
Time Place Mode Object Content Organizer organization and land requisition
and house demolition office of each district
resettlement implement
project
August 2019 Yichang Exchange and lecture
Personnel of each
resettlement organization
Exchange and discussion of resettlement
experience and lessons
YPMO
December 2019
China Observation and learning
Land requisition and house
demolition office of each district
and resettlement personnel of each village (community)
Visit to ADB-funded resettlement implement
project
YPMO
Source:YPMOVIII. PUBLIC CONSULTATION AND GRIEVANCE REDRESS
A. Public Consultation
154. In order to build resettlement program of the project on a solid and reliable foundation, maintain the legal rights and interests of displaced persons and relocated units, and reduce complaints and disputes, the project authorities pay special attention to the displaced persons’ participation and negotiations and APs’ public consultation during project preparation and implementation. B. Public Consultation during Project Preparation
155. Since January 2017, under the guidance of technical assistance and resettlement consultants of ADB, ESD Shanghai Company and the survey group of Hubei Engineering Consulting Company have carried out a series of social and economic surveys and public consultation with respect to feasibility study, environmental assessment, stability assessment and capability assessment. During project preparation, the YPMO, the implementation organization and the consulting company have carried out extensive negotiation with respect to land requisition and resettlement. Consultation activities during project preparation are shown in Table 7-1. (The content of resettlement information booklet is shown in Attachment 1 and the booklet will be issued in June 2018.) During last mission, 3 key information interviews with officers from Land Acquisition and House Demolition Office of Dianjun District, Women Federation and Civil Affair Bureau, 3 FGDs with affected villagers and renters have been held and totally 37 persons with 18 females have participated.
Table 7-1 Main Activities of Resettlement Information Disclosure and Negotiation
No. Time
Public consultations
and Negotiations
Participants Number of
Participants Organizers Objectives
Issues Raised
1 Nov 2017
Optimization of the project
design scheme
Resettlement consultants,
YPMO, DI, Hubei Engineering Consulting Company
14 YPMO
LAR impact screening
and identification during site visiting and
� Villagers support the Subproject and have no objection to the proposed
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No. Time
Public consultations
and Negotiations
Participants Number of
Participants Organizers Objectives
Issues Raised
design discussion
site. � Cultivated LA
and HD has been minimized through optimization scheme.
2 Dec 2017
Investigation of quantity of
physical goods
Hubei Engineering Consulting
Company, YPMO,affected villages (community) and representatives of
APs
15 Project
implementation organization
Resettlement impact
survey and preliminary
resettlement scheme
� APs were very interested in the compensation standard and resettlement scheme.
� APs supported the project and believed that they could benefit from the project.
3 Dec 2017
~Jan 2018
Resettlement mode and intentions
YPMO, affected villages
(community) and representatives of
APs
20 Project
implementation organization
Discuss and determine
resettlement scheme
� All the affected villagers asked for cash compensation for their land losses.
� All the affected households choose purchasing resettlement residental houses. They also cared about the progress of centralizing resettlement community.
� The employees in affected enterprises planned to continue to work with the employer in
69
No. Time
Public consultations
and Negotiations
Participants Number of
Participants Organizers Objectives
Issues Raised
other place or find new jobs by themselves or with assistance of IA.
4 Jan
~Feb2018
Resettlement mode and intentions
Resettlement consultants,
YPMO, affected villages
(community) and representatives of APs and renters
37 YPMO
Discuss and determine
resettlement scheme
� The renters were noticed about the project and the contracts will not renew again.
� The rentees thought they should be compensated according to the rent contract.
� Some of the employees were interested in working in the elderly care industry and hope to work in the center through vocational training.
5 March~
April 2018
Resettlement policy and scheme
YPMO, affected villages
(community) and representatives of APs and renters
18 YPMO
Determine resettlement
policy, standard and
scheme
Total 104
Source:YPMO C. Consultation Plan during Project Implementation
156. With continuous advance of project preparation and implementation, the project implementation organization will carry out further public consultations. The arrangement of public consultation is shown in Table 7-2.
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Table 7-2 Public consultation Plan Objective Mode Time Unit Participant Subject
Publish the resettlement plan and resettlement
information booklet
Issuing information booklet
June 2018 YPMO
Implementation organization and affected villages (communities) Implementation
organization and affected villages (communities)
Officially announce the resettlement plan and its
main contents
Publish the resettlement plan
Website June 2018 ADB YPMO and ADB
Publish the resettlement
plan on project
website and ADB website
Recheck the quantity of
physical goods
Field surveys
December 2018 –
March 2019
YPMO, implementation organization, land requisition
and house demolition
office of each district and
village (community)
leaders
All affected persons
1) Check the gaps and
make up the deficiencies
2) Breakdown of displaced
persons’ occupied land
and lost assets
3) Prepare the basic
contract of compensation
agreement
Updating of the resettlement plan
Website May 2019 ADB YPMO
Disclose the resettlement
plan on project and
ADB websites
Announcement of land requisition
Village bulletin
board and villager meeting
July 2019
YPMO, implementation organization, land requisition
and house demolition
office of each district and
village (community)
leaders
All affected persons
Announce the area of land requisition,
compensation standard and resettlement approaches
Announcement of the land
requisition compensation
scheme
Village bulletin
board and villager meeting
September 2019
YPMO, implementation organization, land requisition
and house demolition
office of each district and
village (community)
leaders
All affected persons
Compensation funds and
payment modes
Determine the income recovery
Villager meeting
Before implementa
YPMO, implementatio
All affected persons
Discuss the final income
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plan and its implementation
and community meeting (multiple)
tion n organization, land requisition
and house demolition
office of each district and
village (community)
leaders
recovery schemes and
the compensation
fund use schemes
Training plan Village meeting
March 2020 – June 2021
Yichang Municipal Human
Resources and Social Security
and village leaders
All affected persons
Discuss training
demand and work out the
plan
Monitoring
Villager participati
on in meetings
January 2019 – January
2024
External monitoring
unit, Project Office,
implementation organization and affected
villages (communities)
1) Resettlement progress and
impact 2)
Compensation payment
3) Information disclosure
4) Production and life
recovery
Source: YPMO. D. Complaints and Grievance Redress Mechanism
Mode of Collecting and Recording Complaints and Grievances
1) APs’ complaints, actions to resolve them, and continuing problems and grievances reported project implementation organizations; 2) The Construction Unit submits the construction log to the contract owner every day providng information on APs problems arising from construction activities; 3) Coordination of problems related to land requisition and house demolition that are founded by the owners during site inspection; 4) Relevant information highlighted by the external monitoring agency; 5) Letters and visits of the APs to project offices; 6) Information highlighted in workstation dispatches by contractors/ the owner; 7) Relevant special problems highlighted d during the work inspection by audit and discipline inspection departments; 8) Information about land requisition and house demolition expenses that is collected from the breakdown of fund appropriation from the opening bank; 9) Ad hoc survey during internal monitoring.
72
Complaint and Grievance Procedure 157. According to the institution interviews, Yichang Municipal People’s Government has established complaint and grievance channels in the project area.
First, villagers can report their opinions and suggestions to villagergroups or village committees. This is the major complaint channel for villagers and APs. Second, villagers can inform their opinions and suggestions to townships and streets organizations to which their villages belong. Third, villagers can inform their opinions and suggestions to the petition office of the municipal government. In case of any dissatisfaction with the project, affected persons can use the above mentioned channels to protect their rights and interests.
158. In addition, based on the existing complaint channels, a transparent and effective complaint resolution mechanism has been established, and is intended to guarantee the effective treatment of relevant problems and the successful implementation of the project and resettlement programs. 159. With respect to the existing complaint resolution mechanism, there are several problems:
First, there are insufficient effective approaches for villagers and APs to express their complaints and grievances. Second, due to the low degree of education, villagers do not know how to protect their rights and interests. The basic complaint system is as follows:
• Stage 1: If dissatisfied with the resettlement, a displaced person can lodge a complaint with
the village committee (community), and oral complaints must be recorded by a specially assigned person. The village committee (community) should make a decision within two weeks and inform the displaced person the decision.
• Stage 2: If the displaced person who lodges the complaint is dissatisfied with the reply given in Stage 1, he (she) may appeal to the land requisition and house demolition office of the district or the implementation organization within one month after receipt of the decision of Stage 1. The land requisition and house demolition office of the district or the implementation organization should make a decision within two weeks and inform the displaced person its decision.
• Stage 3: If the displaced person is dissatisfied with the reply given in Stage 2, he (she) may
appeal to the YPMO within one month after receipt of the decision made in Stage 1. The YPMO should make a decision within two weeks and inform the displaced person the decision.
160. During project implementation, in case of any dissatisfaction with the existing complaint procedure, affected persons may appeal to a civil court. 161. The APs may also lodge their complaints with ADB. Initially, complaints will be handled by the Operations Departments. If the APs are dissatisfied with the result of complaint handling and are
73
hurt because ADB’s policies are not observed, they may make complaints to the Office of Special Project Facilitator or the Office of Compliance Review Panel, the 02 branches of the ADB’s e Accountability Mechanism13. 162. All complaints (oral or written) will be reported to ADB in internal and external monitoring reports. 163. All organizations will receive the complaints and grievances from affected persons free of charge, and reasonable expenses arising there from will be paid as unexpected expenses. During project construction, the complaint procedures will remain valid, so that affected persons can use them to deal with relevant problems. The above-mentioned complaint approaches will be disclosed to displaced persons in the process of public consultation and by issuing the resettlement information booklets and social media. Principles of Complaint Handling
164. The implementation organization at each level must carry out field survey and research with respect to the complaints lodged by the APs. It should, fully solicit their opinions, and listen to their objections and just opinions. The complaints that cannot be handled must be reported to the superior implementation organization as early as possible and relevant assistance should be provided in this regard. If the decision-making organization in the previous stage did not resolve the complaint within the specified period, the person who lodged the complaint is entitled to appeal. In the process of resettlement, because women may have special complaints and grievances, the Project Office plans to engage at least one female worker in each resettlement group to handle women’s complaints. Local government and non-government organizations, such as the Municipal Civil Affairs Bureau and Women’s Federation, will also supervise resettlement activities, in order to guarantee the rights and interests of affected persons, especially of women. Content of Reply to Complainants 1) Brief description of dissatisfaction of complainers 2) Results of investigation 3) Relevant national regulations and principles and standards specified in the resettlement plan 4) Handling suggestions and references to laws and regulations, and relevant institutions. 5) The complainant is entitled to appeal to the superior resettlement implementation organization and a civil court, and the legal costs will be borne by the project unit. Mode of Reply to Complainants: 1) For complaints about individual grievances, the reply will be directly sent the complainant in the form of written letter. 2) For complaints that are lodged frequently, the reply will be disclosed to relevant communities and villages in the form of villagers’ (residents’) meetings or issue written documents. 165. No matter which kind of reply is adopted, the reply should be sent to the complainants in the form of written documents.
13 More information in http://www.adb.org/Accountability-Mechanism/default.asp
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Complaint Recording and Follow-up Feedback
166. During the implementation of the resettlement plan, the resettlement implementation organization at each level should keep good records of complaints and how they were managed. Once a month, a report to the YPMO. The report should have copies of the written documents to the complainants. The Complaint Center of the YPMO will regularly check the complaint handling results. 167. In order to completely record the complaints of affected population and relevant results, the project implementation organization works out a registration form for the complaints of affected population and relevant handling results, which is given in Table 7-3.
Table 7-3 Registration Form for Complaints about Resettlement
Receiving unit
Time Place
Complainer’s name
Description of complaint
Required solution Proposed solution
Actual handling
result
Complainer’s signature
Recorder
(signature)
Note: 1. The recorder should record the complainant’s complaint faithfully. 2. The complaint procedure may not be interfered or hindered. 3. The complainer should be informed of the proposed solution within the specified time. Contact Information for Sending Complaints
168. The resettlement implementation organization at each level should appoint a person to be in charge of collecting and receiving the complaints of the affected population. The contact information of the persons in charge is shown in Table 7-4, including name, office address and phone number.
Table 7-4 Information on Organizations and Persons Receiving the Complaints of the Affected
Population
Unit Name Phone Number
YPMO Li Zhongyang 15171867176 YCJTK Luo Shiqing 13972539518 Land Requisition and house demolition Office of Dianjun District
Yu Weiguo 13872498809
Land Requisition and house demolition Office of Gaoxin District
Wei Xudong 15307200005
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IX. RESETTLEMENT BUDGET
A. Resettlement Budget
169. Direct resettlement costs include compensation for permanent land requisition, compensation for housings of displaced residents, compensation for enterprises, and compensation for affected land attachments as well as management expenses, training expenses, taxes and unexpected expenses. 170. According to the price in the second half year of 2017, the total resettlement budget for this project is 86,632,600 Yuan, including 27,589,409 Yuan of compensation for permanent requisition of collectively-owned land (31.25% of the total budget), 7,067,900Yuan of compensation for housings of displaced rural residents (8.16% of the total budget), 31,420,000 Yuan of compensation for enterprise relocation (36.27% of the total budget), and 9,999,700 Yuan of indirect expenses (11.54% of the total budget) including construction expenses of resettlement buildings. 171. Total resettlement expenses will be included in the total cost of the project. The compensation budget for resettlement is shown in Table 8-1.
Table 8-1 Resettlement Investment Budget
No. Item Category Unit Quantit
y
Compensation Standard
(Yuan)
Amount Percentage in Total Investme
nt (%) (10000Yuan)
I LAR* expenses Yuan 6663.73 76.96
1.1 Land
aquisition expenses
Yuan 2758.94 31.25
Dianjun District
Cultivated land
mu 26.60 53900 143.37
Compensation for
standing crops
mu 26.60 3646 9.70
Pond mu 11.20 53900 60.37
Fish ponds mu 11.20 3646 4.08
Garden plots mu 6.70 53900 36.11
Orange trees
in garden plots
mu 6.70 10000 6.70
Unused land mu 8.10 24500 19.85
Road mu 3.14 49000 15.39
Rural
residential land
mu 2.62 49000 12.84
Auxiliary
facilities on farmlands
mu 44.50 2000 8.90
Reward for demolition
mu 44.50 500 2.23
Yichang Gaoxin
Zone Ponds mu 0.30 58380 1.75
Fish in ponds
mu 0.30 4600 0.14
76
No. Item Category Unit Quantit
y
Compensation Standard
(Yuan)
Amount Percentage in Total Investme
nt (%) (10000Yuan)
Garden mu 3.93 58380 22.94
Orange trees
in garden plots
mu 3.93 10000 3.93
Rural
residential land
mu 0.27 58380 1.58
Other expenses of
land acquisition
mu 2409.07 27.81
Farmland
conversion tax
mu 26.60 531994.7 1415.11
Fee for using newly
increased construction
lands
mu 26.60 354663.1 943.40
Fee of
farmland reclamation
mu 26.60 19008 50.56
1.2
Compensation for house
demolition and resettlement
Yuan 706.79 8.16
Dianjun District Principal
room m2 4129.00 600 247.74
Auxiliary
room m2 860.00 370 31.82
Decoration m2 4129.20 390 161.04
Relocation
subsidy m2 4989.20 20 9.98
Transition expenses
m2*3years 4129.20 8 118.92
Reward for demolition of
principal room
m2 4129.20 50 20.65
Reward for contract
signing and demolition
Yuan/household
18.00 10000 18.00
Yichang Gaoxin
District
Compensation for house demolition
Yuan/household
98.64
1.3 Compensation for enterprises
mu 31.42 1000000 3142.00 36.27
1.4 Penalty fee for
eaffected renters
56.00 0.65
II Relevant 999.97 11.54
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No. Item Category Unit Quantit
y
Compensation Standard
(Yuan)
Amount Percentage in Total Investme
nt (%) (10000Yuan)
expenses
2.1 Agency fees for land aquisition and house demolition (1.8% of the basic cost 119.95
2 Expenses for resettlement monitoring and evaluation (calculated as per 0.4% of basic expenses)
99.96
3 Other related expenses for demolition and clearing, engagement and assessment and auditing body (calculated as per 1% of basic expenses)
66.64
4 Construction expenses for resettlement buildings14 713.43
III Administration fees for resettlement (calculated as per 5% of basic expense)
333.19 3.85
IV Unexpected expenses (calculated as per 10% of basic expenses) 666.37 7.69
Total 8663.26 100.00
*Land Acquisition and Resettlement
Source: PMO
B. Resettlement Investment Plan and Fund Sources 172. The resettlement funds come totally from local financial supporting funds and domestic loans. Prior to project construction or during project implementation, the investment plan is implemented in phases in order to prevent affecting production and life conditions of farmer households. Tthe details of the plan are described in Table 8-2.
Table 8-2 Resettlement Investment Plan
Year 2019 2020 Total
Amount Investment (10,000Yuan)
6,064 2,599 8,663
Percentage 70% 30% 100%
Sources:YPMO and FSR C. Resettlement Fund Management and Appropriation
173. The resettlement fund appropriation for this project will follow the following principles:
� All costs related to resettlement will be included in the general budget of the Subproject. � Compensation will be paid by Yichang Project Management Office to the project
implementation organization directly via a special account for further payment to the affected village and enterprises.
� Land compensation will be paid before LA, and HD compensation paid before the relocation of the affected households and enterprises.
� Financial and supervisory agencies will be established at different levels to ensure that all
14Construction expenses for resettlement buildings in Dianjun District = (Comprehensive cost of resettlement houses –basic price of resettlement house)* HD area=(2200 Yuan /m2 - 560 Yuan/m2)*4129m2=6771888 Yuan; Construction expenses for resettlement buildings in Gaoxin District=(Comprehensive cost of resettlement houses –price of resettlement house)* HD area=(2200 Yuan /m2 - 1245 Yuan/m2)*379.52m2=362441Yuan
78
funds are fully and timely available. 174. The expenditures of resettlement funds should strictly follow relevant national laws and regulations related to land acquisition and the policies specified in the Resettlement Plan, and the compensation standard and range may not be lower or smaller than that specified in the Resettlement Plan. 175. In order to make sure that resettlement funds will be put in place in time and in full amount and the production, and livelihoods and incomes of the affected farmer households will be recovered; the following measures will be taken:
• All expenses related to relocation and resettlement will be included in the total project budget. • Land compensations and house demolition subsidies will be fully paid prior to land requisition,
in order to make sure that all affected persons will be well resettled and will not get impoverished.
• House demolition expenses will be paid to affected persons after the agreements for house demolition are signed.
• Financial and supervision organizations at all levels will be established in order to guarantee the successful implementation of land acquisition and resettlement, and make sure that all funds will be allocated on time.
• Budget is an estimation of resettlement costs. Due to the change of actual project range, actual impacts of detailed measurement and survey (DMS), compensation amount may change and currency inflation, actual expenses may be increased. However, the implementation organization will guarantee the payment of compensations as determined and publicized. Allocations for unexpected expenses are included in the budget and will be used when needed. The budget will be revised in the updated resettlement plan.
X. RESETTLEMENT IMPLEMENTATION PLAN
A. Principles of Resettlement Plan Implementation
176. According to the progress schedule of project implementation, the project will be commenced in 2019 and completed in 2023. In order to promote the links between the resettlement schedule and the project construction plan, the project will start land acquisition and house acquisition in January 2019 and completed in December 2020. The basic principles of resettlement implementation are described as follows: 177. Land acquisition should be completed three months before the commencement of project construction, and the detailed commencement time should be determined according to the needs of land acquisition and resettlement. 178. During resettlement, affected persons should have opportunities to participate in the project. Prior to the commencement of project construction, the land acquisition plan will be announced, the resettlement promotion brochures will be distributed, and public consultation will be carried out. 179. All compensations will be paid to the property owners in full amount within three months after the date of approval of the land requisition compensation and resettlement scheme, and no unit or individual may use the compensation on behalf of them or reduce the compensation amount for any reason.
B. Schedule of Resettlement Implementation 180. The detailed implementation time may be properly adjusted according to the overall progress of the project. The schedule of resettlement implementation is shown in Table 9-1.
Table 9-1 Schedule of Resettlement Activities
No. Resettlement Task Object Responsible Organization
Time
1 Information disclosure
1.1 Disclose the resettlement
information booklet
Four villages/communities
in three townships/streets in
two districts
YPMO and implementation
organization June 2018
1.2 Publish the draft
resettlement plan in ADB’s website
One resettlement plan
YPMO, implementation
organization and ADB June 2018
1.3 Draft RP was
approved One resettlement
plan ADB November 2018
2 Detailed measurement and survey and RP updating
2.1 Detailed
measurement and survey
Four villages/communities
in three townships/streets
YPMO, implementation
organization, Land Acquisition and House
Demolition Office of Dianjun district and Gaoxin District, and
Land Resource Bureau
December 2018 to
January 2019
2.2 Village-level income
recovery plan
Four villages/communities
in three townships/streets
Village committees (communities)
March 2019 to April 2019
2.3
Update the resettlement plan according to the detailed design
/ YPMO and
implementation organization
December 2018 to April 2019
2.4 Submit to ADB for
review and Concurrence
Updated RP YPMO April 2019
2.5 Disclose of the
updated RP based on the DMS
Updated RP ADB April/May 2019
3 Land use certificate process
3.1 Preliminary reviews of
the land application / Land Resource
Bureau October 2018
3.2 Review and approval / Land Resource
Bureau October 2019
4 Compensation agreement signing and paying
4.1 Sign land acquisition
compensation 41 HHs in four
villages/communities YPMO,
implementation May 2019 – August
2019
No. Resettlement Task Object Responsible Organization
Time
agreement and payment of
compensation for the APs
in three townships/streets
organization, Land Acquisition and House
Demolition Office of Dianjun district and Gaoxin District, and
Land Resource Bureau, village
committees
4.2
Sign compensation agreement for house
demolition and payment of
compensation for APs
19 households and 3
enterprises
YPMO, implementation
organization, Land Acquisition and House
Demolition Office of Dianjun district and Gaoxin District, and
Land Resource Bureau, village
committees
May 2019 – August 2019
4.3 Sign rent contract
with the 2 APs 2 HHs
YPMO, implementation
organization and Civil Affair Bureau of Yiling
District
After the 2 elder people moving into the welfare center
and before the implementation
4.4
Sign compensation agreement with renters for the termination of
contract in advance
4 renters YPMO,
implementation organization
Before the implementation
5 Implementation of livelihood recovery measures
5.1 Implement the
village-level income recovery plan
Four villages/communities
in three townships/streets
Villagers’ committees September 2019 –
June 2021
5.2 Income recovery About households Villagers’ committees
and Civil Affairs Bureau
September 2019 – June 2021
5.3 Implement the training plan
About households Civil Affairs Bureau March 2020 – June
2021
6 Housing reconstruction
6.1 House demolition 19 households Contractor and
displaced households June 2019– August
2019
6.2 Housing relocation 19 households Affected households September 2019 –
April 2020
7 Capacity building
7.1
Training of personnel of the project
implementation organization and the Bureau of Land and
Resources
Staffs from project implementation
organization and the Bureau of Land and
Resources
ADB/consulting experts
November 2018
No. Resettlement Task Object Responsible Organization
Time
7.2 Training of district,
township and village leaders
Staffs from district, township and village
leaders
YPMO and implementation
organization
November 2018 – February 2019
8 Monitoring and Evaluation
8.1
Build an internal monitoring and
evaluation mechanism
According to the resettlement plan
YPMO and implementation
organization March 2019
8.2
Entrust an external monitoring and
evaluation organization
One monitoring organization
YPMO April 2019
8.3 Baseline survey According to the resettlement plan
External M&E agency May 2019 to June
2019
8.4 Internal monitoring
report Semiannual report
YPMO and implementation
organization
From July 2019 to January 2022
8.5 External monitoring
report Semiannual report External M&E agency
July 2019, first-phase report 2
January 2020, second-phase report
July 2020, third-phase report
8.6 External assessment
report Annual report External M&E agency
January 2021, first-phase report
January 2022, second-phase report
8.7 Post-assessment
report One report YPMO July 2023
9 Public consultation YPMO and
implementation organization
In progress
10 Complaints and grievances YPMO and
implementation organization
In progress
Sources:YPMOXI. MONITORING AND EVALUATION
181. In order to guarantee the successful implementation of the resettlement plan and achieve the objective of land acquisition and resettlement, regular monitoring and evaluation will be conducted on the implementation of land acquisition, house acquisition, and other resettlement activities according to local policies, laws, regulations and the involuntary resettlement safeguard policy requirements. A. Internal Monitoring 182. Internal monitoring will cover the following aspects:
• Organizations: Work division of resettlement implementation organization and other related organization, and staffing and capacity building of resettlement organizations;
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• Resettlement policies and compensation standards: Formulation and implementation of resettlement policies; actual situation of implementation of compensation standards for affected losses (permanent land requisition, temporary land requisition, house acquisition, enterprise acquisition, and acquisition of special facilities and buildings). It is required to specially indicate whether the standards in the resettlement plan are followed. The reasons for any deviation should be explained;
• Implementation progress of land requisition, house acquisition and resettlement activities:
General progress schedule and annual plan, progress of resettlement organizations and staffing, progress of land requisition, progress of house acquisition, progress of housing reconstruction, progress of displaced person relocation, and progress of other resettlement activities. The format of the internal monitoring progress report for land requisition, house acquisition and resettlement is shown in Table 10-1.
Table 10-1 Progress of Land Requisition and House acquisition
Resettlement Activity
Unit
Planned Actual Total Percent
Permanent land requisition
mu
Temporary land requisition
mu
House acquisition m2
Land compensation
10,000 Yuan
Payment of house acquisition
expenses
10,000 Yuan
Housing reconstruction
m2
Prepared by: Person in Charge Stamp:
• Resettlement budget and implementation situation: Amount and time of payment of resettlement funds, use and management of resettlement funds by the resettlement implementation organization at each level, amount and time of payment of the compensation to affected propriety (housing) owners, land owners (villages and groups) and users, use and management of village-level collectively-owned land compensation funds, and supervision and auditing of fund use. The format of internal monitoring report for the progress of fund use is shown in Table 10-2.
Table 10-2 Progress of Fund Use
____District____Township (Street)____Village (Community) Date _/___/__(YY/MM/DD)
Affected Unit Brief
Description Quantity
(unit)
Needed Amount
of Funds (Yuan)
Amount of Compensation
Obtained in the Period of the Report
(Yuan)
Accumulated Amount of Obtained
Compensation (Yuan)
Percentage in the Total
Amount of Obtained
Compensation (%)
Village (community)
1
Village collective
Household
Village (community)
Village collective
83
2 Household
Public facilities
Prepared by: Person in Charge Stamp:
• Production and job resettlement: main resettlement modes, population, job resettlement for enterprise acquisition, resettlement of vulnerable groups (female families, elderly families and the disabled), and resettlement effect;
• House demolition and life resettlement: payment of compensation funds, construction of
resettlement communities, relocation, and selection of resettlement buildings;
• Complaint, grievance, public consultation, negotiation, information disclosure and external monitoring: include complain channels, procedures and responsible organizations, main matters complained about and handling situation, main activities, content and forms of public consultation and negotiation, implementation effect of public consultation and negotiation, publishing of resettlement information booklet and information disclosure, and external monitoring agency, activities and effect;
• Handling of matters mentioned in the memorandum of ASDB’s inspection team;
• Pending problems and solutions 183. Internal monitoring monitors the process of resettlement implementation. A normalized and smooth resettlement information management system is established among the YPMO, the project implementation organization and relevant resettlement implementation organizations, in order to track and reflect the progress of resettlement implementation. The system includes information about progress, funds and effect of resettlement implementation as well as sorting and analysis of the abovementioned information. 184. In this project, the following methods will be used for internal monitoring on project implementation. 185. Monitoring System. The YPMO and the project implementation organization will prepare uniform reports according to the need of resettlement. The reports need to reflect the progress of resettlement fund appropriation and the completion status of quantity of relocated physical goods. The reports are monthly reports and are usually submitted from the bottom up at the time of appropriation at the end of a month, and relevant organizations will control the work progress depending on the reports.
Table 10-3 Sample of a Land Acquisition and Resettlement Monitoring Report
No. Category
Resettlement Plan
Updated Resettlement
Plan Actual
Completed Quantity
in the Current Period
Total Completed Quantity
Percentage of
Accumulated
Completed Quantity
# # # # # %
1
Requisition of collectively-ow
ned land
Area (mu) Affected
household
Affected person
2 Temporary land requisiti
Area (mu) Affected
household
84
No. Category
Resettlement Plan
Updated Resettlement
Plan Actual
Completed Quantity
in the Current Period
Total Completed Quantity
Percentage of
Accumulated
Completed Quantity
# # # # # %
on Affected person
3 House acquisition
Area (mu) Affected
household
Affected person
4 Resettlement funds
(Yuan)
186. Coordination Meetings. During resettlement implementation, the YPMO and the project implementation organization will regularly hold resettlement coordination meetings, discuss and handle problems arising during project implementation and resettlement, exchange work experience and study measures for handling the problems. 187. Site Visits and Meetings. The YPMO and the project implementation organization will carry out routine inspection and non-routine special inspection on the resettlement work of the resettlement organization and relevant departments, perform in-depth field survey and research, deal with the problems related to land requisition and house demolition on the site, and verify the work progress and the implementation status of resettlement policies. 188. Information exchange with the external monitoring agency. The YPMO and the project implementation organization will maintain regular contact and information exchange with the external monitoring agency and use its findings and assessment opinions as the reference for internal monitoring. 189. Reporting. Internal monitoring is a continuous process; and comprehensive monitoring will be carried out at least once every half a year. The monitoring frequency will be increased in critical periods such as the relocation period. 190. Internal monitoring reports will be submitted by resettlement implementation organizations to the project implementation organization and the YPMO. After sorting and summarizing relevant data and information, the YPMO will submit an internal monitoring report to ADB every half a year. C. External Monitoring
191. According to the requirements of ADB’s safeguard policies, the YPMO will engage an independent qualified resettlement organization, which is experienced in ADB-funded projects as the independent monitoring agency. 192. The external monitoring and evaluation organization will regularly carry out follow-up monitoring and evaluation on resettlement activities, monitor resettlement progress, quality and funds, put forward advisory opinions, carry out follow-up monitoring on displaced persons’ production and living standards and submit monitoring and evaluation reports to the YPMO and ADB. The outline of external monitoring and evaluation is shown in Attachment 2. 193. With regard to the land already acquired before and not in anticipation of this ADB Project, due diligence was carried out. Resettlement planning and implementation were carried out
85
satisfactorily and in accordance with the state and provincial regulations and policies and ADB SPS. There was no LAR impact, however, there were 4 occupants whose rent contracts will expire during 2019 to 2022 and possibly to be terminated in advance because of this project. The resettlement schemes through consultation between YPMO and renters have included in the RP in order to reduce the income loss impacts to a minimum and the preliminary. They should be also monitored and evaluated during the project implementation period. Contents and Methods of External Monitoring 194. Baseline Survey. The external monitoring agency will carry out baseline surveys in the project areas to obtain e baseline data related to the production and living standards of the displaced households. A survey on production and household income levels will be carried out bi-annually, in order to track the change of displaced persons’ production and living standards. Various methods, including typical sample follow-up survey (sample scale: 20% of land acquisition and house acquisition; sample households will be selected randomly), random interview and field observation, will be used to obtain necessary data, based on which, statistical analysis and assessment will be performed. 195. Regular monitoring and Evaluation. During implementation of the resettlement plan, the external monitoring agency will carry out regular follow-up monitoring on the resettlement work twice every year, and monitor the following activities in the forms of field observation, sample household follow-up survey and random interview:
• Payment and amount of compensation • Skill Training • Support to vulnerable groups • Restoration and reconstruction of infrastructures and special facilities • Resettlement and recovery of affected households • Compensation payment for property loss • Compensation for working hour loss • Transition subsidy payment • Schedules of the abovementioned activities • Organizations of the resettlement network • Use of collectively-owned land compensation and displaced persons’ incomes • Increase of employment incomes of labors • Whether affected persons have benefited from the project.
196. Public Consultations. The external monitoring agency will participate in public consultations meetings during resettlement implementation and will assess the effect of public consultation. 197. Complaints. The external monitoring agency will regularly visit affected villages and villagers’ groups, and inquire the YPMO, resettlement offices at all levels and the implementation organization about the situation of complaint handling. Meanwhile, the external monitoring agency will also meet displaced persons with grievances and put forward improvement measures and suggestions for the grievances and problems, so as to enhance the efficiency of resettlement implementation. 198. Reporting.The external monitoring agency will prepare external monitoring reports on the basis of its observations and data obtained from field surveys. The reports are intended to: 1) objectively reflect the progress of resettlement implementation and existing problems to ADB and the project owner; and 2) assess the social and economic impacts of resettlement, put forward constructive opinions and suggestions, and improve the resettlement work.
86
199. The routine monitoring reports at least include the following information: 1) monitoring objectives; 2) resettlement progress; 3) main findings of the monitoring organization; 4) major existing problems; and 5) basic opinions and suggestions about external monitoring. 200. The external monitoring and evaluation organization will submit a monitoring and an assessment report to ADB and the YPMO every half year. The schedule of report submission is shown in Table 10-4 .
Table 10-4 Schedule of Resettlement Monitoring and evaluation
No. Report Date
1 Social and economic baseline
survey May 2019 to June 2019
2 First-phase monitoring report July 2019 3 Second-phase monitoring report January 2020 4 Third--phase monitoring report July 2020
6 First-phase annual assessment
report January 2021
7 Second-phase annual assessment
report January 2022
8 Post-assessment report July 2023 201. Post-Resettlement Assessment. After project implementation is completed, the YPMO (or a qualified organization entrusted by the Project Office) will adopt post-assessment theory and method to assess the resettlement activities of the project. The assessment mainly includes successful experience and lessons from land acquisition for future resettlement programs. The YPMO will develop an assessment outline, building an assessment indicator system, carry out social and economic analysis and survey, prepare a post-assessment report, and submit it to ADB.
1
Appendix 1 Resettlement Information Booklet
Purpose of resettlement information booklet
The purpose preparing the booklet is to provide key information for the persons who are influenced by the
resettlement. The information includes compensation principles, standards, other relevant policies, and the ways
and times how to obtain the information. The booklet distribution is a link in information disclosure, through
which land acquisition, resettlement planning, compensation standards and fee, complaint and grievance
channels and policies are announced. Prior to the detailed investigation, the booklet will be distributed.
Project Overview
Hubei Yichang Comprehensive Elderly Care Service Demonstration Project is funded by Asian Development Bank
(ADB), and the total investment of the project is USD 300 million (CNY million). According to the plan, ADB’s loan
of USD 150 million will be used. Hubei Yichang Comprehensive Elderly Care Service Demonstration Project consists
of six subprojects: elderly nursing hospital (geriatric rehabilitation hospital), disabled elderly nursing home,
community elderly service center, intelligent elderly care service information platform, professional talent training
base for elderly care and nursing, and institutional capacity building.
Land Acquisition and Housing Demolition
According to the scheme recommended in the project feasibility study report and the survey of resettlement
impact, land acquisition and resettlement in this project involves four communities/villages in Dianjun District
(Dianjun Subdistrict Office and Tucheng Town) and Hi-tech District (Beiyuan Subdistrict Office) in Yichang City.
The impacts of Hubei Yichang Comprehensive Elderly Care Service Demonstration Project mainly include impacts
caused by permanent land acquisition and housing expropriation. In the project, collectively-owned land of
62.86mu will be expropriated, including cultivated land of 26.53mu (42.2%), ponds of 11.5mu (18.29%), garden
plots of 10.7mu (17.02%), homesteads of 2.89mu (4.6%), roads of 3.14mu (5%) and unused land of 8.1mu
(12.89%), and 41 households and 160 persons will be directly affected. Besides, stated-owned land of 31.42mu
will be permanently expropriated, all of which is construction land. In the project, the area of housings on
collectively-owned land to be expropriated is 5,433.4 square meters, and the area of factory buildings on
state-owned land to be expropriated is 9,880 square meters. 2 elderly people of 2 households in Yiling District will
affected by the renovation of their own houses and need to be relocated. The project will directly affect 221
persons, including 160 persons in 44 resident households and 51 persons in 3 enterprises.
Policy Framework and Entitlements
In order to prevent or minimize adverse impacts caused by land acquisition, full negotiation with affected villages
and migrants has been carried out on the selection of project site. Through comparison and selection, an optimal
engineering design scheme is selected.
The resettlement plan is formulated according to the Land Administration Law of the People’s Republic of China
(2004), Decision of the State Council on Deepening Reform and Tightening Land Management (GF [2004] 28),
relevant policies of Hubei Province and Yichang City, ADB’s Safeguard Policy Statement (2009) and other related
social safeguard policies.
Based on the foresaid policies and negotiation with local governments and affected persons, main policies, rights
and interests involved in the resettlement in this project are described as follows:
1) Collectively-owned land acquisition: land compensation, resettlement subsidy, compensation for standing crops,
and compensation for land attachments. According to actual situations of the project area, in Dianjun District, 70%
of land compensation will be paid into personal accounts of affected persons, and 30% will be paid to the
collectives of affected villages and be used for purchasing pension insurance for land-lost farmers; resettlement
2
subsidies will be paid to affected persons in full amount, and compensations for land attachments and standing
crops will be paid to their owners. In Hi-tech District, land compensation and resettlement subsidies will be paid to
agricultural cooperatives in full amount, and compensations for land attachments and standing crops will be paid
to their owners.
2) Expropriation of rural housings: In Dianjun District, compensations will be made according to relevant policies
and documents including Notice of the People's Government of Dianjun District on the Issuance of Land Acquisition
and Resettlement Compensation Measures (August 15, 2012), Notice of Dianjun District Leading Group Office of
Land Acquisition and house demolition on Publication of the Comprehensive Cost Price of Resettlement House
(March 10, 2014), and Notice of the People’s Government of Dianjun District on Issuance of Supplementary
Provisions on Land Acquisitions and Resettlement Policies (March 26, 2014), and the following two resettlement
modes will be adopted in a centralized way: reconstruction resettlement and monetary resettlement. In Hi-tech
District, compensations will be made according to the Compensation and Resettlement Methods of Hi-tech District
in Yichang City for Demolition of Attachments to Land to Be Expropriated (October 28, 2012), and the following
two resettlement modes will be adopted in a centralized way: reconstruction resettlement and monetary
resettlement. Meanwhile, displaced persons may gain transition fees and relocation subsidies.
3) Monetary compensation will be made for expropriation of non-residential buildings on state-owned land, and
enterprises will carry out relocation and resume production by themselves.
Compensation Standard and Resettlement Scheme
Acquisition of collectively-owned will be done according to the Notice of the People’s Government of Hubei
Province on the Issuance of the Unified Annual Output Value Standard and Comprehensive Land Price of Districts
for Land Acquisition in Hubei Province (March 13, 2014), Notice of the People’s Government of Dianjun District on
the Implementation of the Unified Annual Output Value Standard for Land Acquisition (September 24, 2014), and
the Compensation and Resettlement Methods of Hi-tech District in Yichang City for Demolition of Attachments to
Land to Be Expropriated (October 28, 2012).
Compensation standards for land acquisition in different districts in Yichang City, which include land compensation
and resettlement subsidy, are different and range from CNY 49,000/mu to CNY 58,380/mu. Compensation
standards for standing crops are also different. The compensation standard for vegetable plots ranges from CNY
3,646/mu to CNY 4,600 /mu, and that for orange orchards is CNY 10,000/mu.
Compensation for expropriation of housings on collectively-owned land: The compensation is analyzed according
to the above mentioned policies and documents and the actual prices of the affected houses. The compensation
standard for brick-concrete house is CNY 600/m2, and that for a brick-timber-tile house is CNY 370/m2. The
standard of transition fees is CNY 8 /m2·month, and the standard of relocation subsidies is CNY 20 /m2·household.
Compensation for non-residential buildings on state-owned land: With reference to past practices and based on
negotiation with affected enterprises, the compensation for enterprises will be calculated as per the market price:
CNY 1,000 thousand per mu.
Complaints and Grievance Redress Mechanism
Formulating complaint procedures and solving disputes related compensations and other resettlement interests
are aimed at responding to the complaints of affected persons in a transparent and timely manner. Possible
sources of complaints in the project are collectively-owned land acquisition, temporary land acquisition and house
3
expropriation. The YPMO, the implementation organization of the project (Yichang Jiantou Health & Elderly Care
Industrial Investment Co., Ltd.) and affected district governments and village committees are responsible for
coordinating and solving complaints and grievances arising from land acquisition and resettlement activities.
Migrants may lodge complaints about any aspect of resettlement, including compensation standard.
Stage 1: If dissatisfied with resettlement, a physically displaced person can lodge a complaint with the villagers’
committee (community). An oral complaint must be recorded by a specially assigned person. The villager’s
committee (community) should make a decision within two weeks and inform the displaced person.
Stage 2: If the displaced person who lodges the complaint is dissatisfied with the reply given at Stage 1, he (she)
may appeal to the land requisition and house demolition office of the district or the implementation organization
within one month after receipt of the decision made in Stage 1. The land requisition and house demolition office
of the district or the implementation organization should make a decision within two weeks and inform the
displaced person.
Stage 3: If the displaced person is dissatisfied with the reply given in Stage 2, he (she) may appeal to the YPMO
within one month after receipt of the decision made in Stage 1. The YPMO should make a decision within two
weeks and inform the displaced person.
Impact Type Impact Degree Entitled Persons Compensation and Resettlement Policy Additional Notes
Permanent
acquisition of
collectively-owned
land
62.86 mu,
including
agricultural land of
37.23 mu,
construction land
of 5.76 mu, and
unused land of 8.1
mu
No HH will be
severely affected
due to loss of
productive land.
41 households and
160 persons.
1) Compensation for land,
resettlement subsidy based on
compensation standards
2) Compensation for standing crops at
replacement cost.
3) Priority access to APs on employment
opportunities;
4) Occupational training and employment
information to APs free of charge.
Allocation of Compensation:
• All resettlement subsidies for
cultivated land, garden plots and
ponds in rural collectively-owned land
will be paid to farmers affected by land
requisition.
• 30% of land compensation will be kept
in collective which will be used for
purchasing pension insurance for
land-lost farmers, and the rest of the
land compensation (70%) will be paid
to the farmers affected by land
acquisition.
• All compensation for land attachments
and standing crops will be paid to the
owners
Permanent
acquisition of
state-owned land
34.58mu 3 enterprises with
51 employees
Affected Enterprises
1) compensation for assets at
replacement price including land, houses
and ground attachments and the
compensation for machines and
equipment;
2) compensation for business losses due
to production or business suspension
*In the provisions of Article 46 of Labor
Law of PRC passed on December 28,
2012, if an employing unit severs a
labor relation with an employee in
accordance with the provisions of
Articles 36, 40, and 41, it shall pay the
employee economic compensation.
Impact Type Impact Degree Entitled Persons Compensation and Resettlement Policy Additional Notes
which will be determined according to
the actual conditions and the duration
of shutdown generally include the
actual business loss and the expected
business loss and income loss of the
employees;
3) the subsidies including removal
subsidy, temporary transition subsidy,
and relocation reward if the enterprise
could complete removal on time
Affected Employees*
If the enterprise moves to another place to
continue their business, the employees
could continue their contract with the
enterprise without compensation.
If the enterprise shut down after the house
demolition and terminated the contract
with employees in advance, the
employees should be compensated
Article 47 stipulates that the economic
compensation paid to the employee
shall be calculated according to the
standard of monthly wage multiplying
by working years as an employee in
the unit. If the employee works in the
unit for a period of more than 6 months
but less than 1 year, the compensation
shall be the monthly wage. If the
employee works in the unit for a period
of less than 6 months, the
compensation shall be half a monthly
wage. The monthly wage refers to the
average wage of the employee during
the 12 months before the dissolution or
termination of the labor contract.
House Demolition Acquisition of rural
housings of 5433.4
m2
18 rural households
and 72 persons
(LA+HD)
Dianjun District:
C. Compensation Options:
During implementation, an assessment
company will be hired to
Impact Type Impact Degree Entitled Persons Compensation and Resettlement Policy Additional Notes
1 household
affected
(Liaojiawan
Resettlement
Community)
1) Cash Compensation. Those who
chose cash compensation instead
of a resettlement house will get (i)
2640 Yuan/m² for the demolished
house (2600 Yuan/ m² +house
structure compensation standard
600 Yuan/ m²-560Yuan/ m²), and
(ii) lump sum living allowance that
reflects the 6-month housing fee
standard
OR
2) Resettlement Housing Area. Basic
resettlement house price sets a basic
resettlement house price which is 560
Yuan /m². For the floor area of a
resettlement house, which is equal to
that of the demolished house, the
displaced household will purchase its
resettlement house from the Housing
Construction Unit at the price of 560
Yuan/m2.
D. Support and Subsidies
• Allowance for lost income caused by
relocation and transportation:
The AP can also purchase the extra
20m2 “comprehensive cost price at 2,200
Yuan /m²; Any extra construction area
within 21-40 m2/HH will be purchased
according to the market price from the
Housing Construction Units.
If an AP wants to purchase more than
360 m2 resettlement housing area, the
price will more than the basic
resettlement housing price. The cost
difference between comprehensive cost
price and basic resettlement house price
will be decided by the land user.
Impact Type Impact Degree Entitled Persons Compensation and Resettlement Policy Additional Notes
compensating 20 Yuan /m² for house
to be relocated in Dianjun District.
• Subsidy for transition: subsidizing
8Yuan/m² per month for main house,
compensation for moving from the day
notified for 03 months. The maximum
value of this type of compensation is
for 360 m² for each household.
• Farmers who initiatively remove their
standing crops and economic woods
within one month of the corresponding
notification day will be rewarded 500
Yuan/mu.
• Households who initiatively sign the
resettlement agreement within one
month of the corresponding
notification day will be rewarded 5000
Yuan. And another 5000 Yuan per
household, as well as another 50
Yuan /m² of main house, will be
rewarded to them if they carry on
house demolition on their own
initiatives.
If the area of the demolished house is
more than 360 m², and the AP wants to
purchase more than 360 m2 floor area,
the cost for extra area is called
repurchase fee = (comprehensive cost
price of the resettlement house 2200
Yuan +house structure compensation
standard 600 Yuan-560Yuan) × the extra
area that has been confirmed.
Impact Type Impact Degree Entitled Persons Compensation and Resettlement Policy Additional Notes
II. Gaoxin District
C. Compensation Options:
Main houses of the displaced households
will be replaced with resettlement houses
of which the area shall be equivalent to
original ones and no larger than 360 m2.
In case the area of the main house is less
than 40 m2, the resettlement house shall
be provided as per the approved number
of displaced persons, and the per capita
area will not exceed 40 m2.
The purchase price of multi-storey
buildings used as resettlement houses
shall be 1145 Yuan/ m2 and the purchase
price of small high-rise buildings used as
resettlement houses shall be 1245
Yuan/m2.
In case the area of the original main
house is larger than the resettlement
house, the compensation will be 1.5 times
As there is no unified basic resettlement
house price in Gaoxin District,the HD
compensation standard for house
structure is same as in Yichang city, as
showed in table 4-3. The compensations
for an acquired house will be the
compensations for the house structure
(Table 4-3) plus compensation for the
difference between the floor area of the
resettlement house and of the original
house.
For example, when an AP chooses the
resettlement house option which e is
1245 Yuan/m2, their house structure
compensation standard is 700 Yuan/m2,
and they will get an additional 545
Yuan/m2 compensation for purchasing
resettlement houses.
Impact Type Impact Degree Entitled Persons Compensation and Resettlement Policy Additional Notes
of the sum of compensations for the main
house as per its area and compensations
for the difference between the
resettlement house and original one
D. Support and subsidies:
• Temporary resettlement subsidies:
When displaced persons choose
resettlement houses or cash
compensation, temporary
resettlement subsidies shall be
provided as a lumpsum at the price of
8 Yuan/m2/month as per the area of
the main house to be relocated. The
maximum area calculated into
temporary resettlement subsidies for
each household shall be no more
than 360m2.
• If relocated persons decide to find
relocation houses on their own,
temporary resettlement subsidies
shall be provided in installments at
the price of 8 Yuan/m2/month for the
first year, 10 Yuan/m2/month for the
second year, and 12 Yuan/m2/month
Impact Type Impact Degree Entitled Persons Compensation and Resettlement Policy Additional Notes
for the third year.
• Relocation subsidies: Relocation
subsidies shall be
600Yuan/household and the
compensation for loss of working time
shall be 600 Yuan/household.
• Incentives for relocation: Displaced
persons who sign the relocation
agreement and hand over the house
within the specified time limit shall be
given 10,000 Yuan per the certificate
of use right of collectively-owned land
Loss of Housing
(living in a
building)
Renovation of
building which will
fully affect the units
they own.
2 elderly
households
As agreed, Yiling District Welfare Center
will rent the two units at market price. Civil
Affairs Bureau of Yiling District and Yiling
District Welfare Center will provide two
rooms to the APs for renting and they will
get 30% discount of both rent price and
service price.
Renters The rent contracts
will be terminated
in advance
Affecting 4 renters
with 47 employees
and 1 individual
The YPMO has consulted the
resettlement schemes with the renters to
reduce the income loss impacts to a
minimum and the preliminary agreement
as are as follows:
Impact Type Impact Degree Entitled Persons Compensation and Resettlement Policy Additional Notes
1) Pay penalty fee to the affected renters
according to the breach clause of the
agreement.
2) Pay the compensation for the
decoration according to the assessment
during implementation. 3) Notice the
renters to leave at least 6 months before
the project implementation.
4) Put the implementation schedule of
these CECCs after the expiration of the
contract period through adjusting the
construction progress.
5)Assist the owners to find new places to
continue their business, if needed.
6) Give the affected employees the
priority to work in the CECCs after the
project completion.
Vulnerable groups / No vulnerable HHs
found but will be
verified during RP
updating
1) The disabled will receive a relocation
transportation compensation fund at a
level of 24 Yuan per square meter
according to the area of the house to be
relocated; and a temporary resettlement
compensation fund at a level of 9.6 Yuan
per square meter according to the area of
Impact Type Impact Degree Entitled Persons Compensation and Resettlement Policy Additional Notes
the house to be relocated; besides, for
the disabled operating a business, they
will receive a loss compensation fund for
the business shutdown, which will be
20% higher than the normal level.
2) For the elderly of no family losing their
houses, can voluntarily apply for living at
a welfare house with the arrangement
of the local civil administration
department, provided they meet the
conditions.
3) During the implementation of this
project, the local village committee
coordinates and helps the vulnerable
groups with relocations, and allows them
to select the resettlement houses on
preferential basis
Appendix 2 Outline of External Monitoring for Resettlement
Purpose of the monitoring and evaluation of resettlement
It aims to conduct the external monitoring and evaluation of resettlement involved in the
Comprehensive Elderly Care Service Demonstration Project of Yichang as required by resettlement
policies stipulated by Asian Development Bank. It aims to track and evaluate land acquisitions and
resettlement by inspecting the progress, funds and administrative situation of the land acquisition
and resettlement as well as contrasting and analyzing changes and recovery conditions of
productions and living standards of displaced persons affected by land acquisitions. When regularly
submitting reports to ADB, Project Office in Yichang City and relevant authorities (twice a year during
the implementation of resettlement), relevant information and suggestions shall be provided for
various departments to facilitate their decision -makings. The external monitoring and evaluation
shall enable Asian Development Bank and authorities in charge of this project to fully understand
whether the land acquisition and resettlement have achieved expected goals as per quality
requirements within the specified time limit, identify problems and provide recommendations for
improvement.
Main contents of monitroing and evaluation of resettlement
(1) Monitoring and evaluation of the implementation progress of land acquisition and house
demolition, including: ①Progress of land acquisition; ②Progress of temporary land occupation;
③Progress of house demolition and reconstruction.
(2) Monitoring and evaluation of the provision and application of funds, including: ①Progress of
fund appropriation; ② (Planned and actual) fund utilization.
(3) Monitoring and evaluation of living standards of displaced persons, including: ①Condition of
productions and living standards of displaced persons before the relocation; ②Condition of
productions and living standards of displaced persons after the relocation; ③Comparative analysis
and assessment of the employment status and living standard of displaced persons before and after
the relocation.
(4) Whether the APs are benefited by this project;
(5) Assessment of the capacity of relocation organizations, public consultation and complaints.
Technical route
The diagram of the external monitoring and evaluation is shown in Figure 1.
Figure 1 Technical Route of External Monitoring
External monitoring agency
The external monitoring and evaluation of resettlement in this project shall be entrusted by YPMO to
the external monitoring agency recognized by Asian Development Bank.
Organization and division of work in monitroing and evaluation of resettlement
504 YPMO shall entrust external organizations to carry out the investigation, data collection,
calculation and analysis for the monitoring and evaluation of the resettlement.
External monitoring agency shall work as the “Monitoring and evaluation Team for Resettlement
Work in Comprehensive Elderly Care Service Demonstration Project of Yichang.” This Team shall be
responsible for monitoring and assessing the resettlement in this project, preparing Terms of
Reference for the monitoring and evaluation, establishing monitoring points, carrying out field
investigation and monitoring, analyzing internal work, preparing the monitoring and evaluation report
for the resettlement as per statements of Asian Development Bank on security assurance policies.
YPMO shall facilitate the transportation and staffing and other affairs for Monitoring and evaluation
Team for Resettlement Work Monitoring and evaluation Team for Resettlement Work during the field
investigation and monitoring.
Project Initialization
Preparation of Term of Reference for the monitroing and evaluation
Preparation of the outline and form for investigation and the record card of typical households
Design of sample survey scheme
Baseline survey
Establishment of management information system for monitroing and evaluation
Monitoring and survey
Regional socio-economic surveys
Monitoring over resettlement organizations
Monitoring over villages/Groups affected by
land acquisitions
Monitoring over households affected by land acquisition and
house demolition
Organization of monitoring data and establishment of database
Comparative analysis and assessment
Preparation of monitroing and evaluation report
Whether the monitoring of resettlement is
completed
End
No
Methods of monitoring and evaluation of resettlement
The monitoring and evaluation shall be carried out by using the field investigation, computational
analysis and comprehensive expert assessment.
The investigation shall be carried out at selected spots and entire areas at the same time. The
progress, funds, institutions, management and other affairs related to the implementation of
resettlement shall be comprehensively investigated. The sample investigation shall be conducted
among displaced persons.
The random sampling by classification shall be used for the sample investigation so as to track and
investigate typical samples of displaced persons. (Sample size: 20% of villages and households
affected by land acquisitions and house demolitions and 50% of affected stores shall be sampled
randomly).
The questionnaire form, panel discussion and inquiry of archive files and documents shall be used in
the comprehensive investigation.
Literal data, photos, sound recordings, videos and physical objects shall be collected, too.
Reports of external monitoring and evaluation of resettlement
The external monitoring agency shall submit the monitroing and evaluation report to Asian
Development Bank and YPMO regally (semi-annually, in general) as per the project progress and
requirements of ADB. The reporting period is shown in the following table:
No. Report Date
1 Socio-economic baseline survey
2 Monitoring Report (Phase I)
3 Monitoring Report (Phase II) 4 Monitoring Report (Phase III) 5 Monitoring Report (Phase IV) 6 Annual Assessment Report (Phase I) 7 Annual Assessment Report (Phase II)
Appendix 3 Social-economic Situation of Renters
According to the latest data from the survey, there are totally 18 renters, among them 15 renters in 6 CECCs in Xiling, Wujiagang and Xiaoting District and Yidu County including 10 shops, 1 restaurant, 1 training institution, 1 SPA, 1 hotel and 1 driver school, 3 renters in the Geriatric Nursing Hospital component in Dianjun District including 2 factories and 1 individual.
Among them, 4 renters’ contracts will expire from 2020 to 2022 and will be terminated in advance because of this project construction including 1 SPA, 1 hotel, 1 factory and 1 individual. There are 47 employees and 1 individual who will potentially be affected. The resettllent plan for the 4 renters is described in section 5.4. Among the other 14 renters, 11 renters’ (including 10 shops and 1 restaurant) contracts with Three Gorges employment training and development company15 and CAB of Xiaoting District have ended in the end of 2016 and were not renewed anymore because the CAB of Xiaoting District has planned to relocate to a confirmed new place and Three Gorges employment training and development company plan to use the house for other business. The occupants were allowed to continue their business operations rent-free since December 2016. The occupants have received written notice to leave in September 2017 by the house owner. They are planning to find new places to continue their business. As the design scheme for the 2 CECCs are renovation and there is no need to demolition the existing buildings. The assets in the proposed site are completely ideal, and the project construction doesn’t involve land acquisition and resettlement. The state-owned land and ancillary buildings on the ground can be directly allocated to be used for the construction of this project. Labor Hotel CECC: For the labor hotel CECC, there are two buildings (one is 3 stroey building and the other is 7 storey building) which belong to Labor and Employment Management Bureau of Yichang as a hotel named Labor Hotel since 2003 and the hotel was closed in 2010. Then the building was managed by Three Gorges employment training and Development Company which is a state-owned company and has moved to a new place since 2015. The 3-storey building faced the street were leased by 5 shops (salon, home decoration, tyre shop, disco and cigarette and liquir shops). Their lease contracts have ended in Decemer 2016 and were not renewed anymore. All occupants were allowed to continue their business operations rent-free since December 2016. Among 5 shops, 2 has closed, 4 are individually without employees. The occupants have received written notice to leave in September 2017 by the bureau and they have enough time to find new place to continue their business. The 7-storey building is unoccupied but there are two female employees (caretakers) of Three Gorges employment training and Development Company. One is 50 years old and will retire in October 2018 while the other employee is 45 years old and could transfer to new site of her company. She can also priority apply for the job in the CECC if she wishes. Yidu Pingan Driver School: For the new site of Yidu, the total land occupation area of this subproject is 14.67mu. It was a junior middle school since 1963 and the school has moved to new site in 1999 and the building was vacant since then. Guodu, a stated owned investment company of Yidu got the land use right certification and house property ownership certification in 2008 and will transfer the property to Yidu Welfare Center who is the PIU of this project. The site was used by two units now: 1) The building was temporarily occupied by the students from Yidu Vocational Education Center for transition because their new center will be complete in later 2018. They used the building for free and will move to the new center building once it completed. So there will be no impact on them. 2) The playground was rent to a drive training school named Yidu Pingan Driver School and the contract will expired in two months later. The local government has noticed the company about this project in advance and they plan to find new place to continue there business when the contract
15 The house owner is Labor Bureau of Yichang and managed by Three Gorges employment training and development company
which is a state-owned company and has moved to a new place since 2015.
expires and the staffs will go together. So there will be no impact on the company and their staffs. So there isn't LAR or APs in Yidu County. New Century Training Institution: The New Century Training Institution has started their business in the project site 10 years ago and made simple decoration to the 5 floors of the building. They have signed the rent contract with the Education Bureau every two years and the contract will expired in June 2018. They are mainly doing extracurricular tutoring and art training of primary, middle and high school students. They also undertake some public welfare activities for the youth together with Education Bureau. There are totally 20 relatively fixed teachers working in the institution and they also doing part-time jobs and have high mobility. According to the interview with the owner of the training institution, these teachers plan to continue their business in other places with the support of the Education Bureau. The contracts of 3 renters including 1 training institution, 1 driver school and 1 factory will expire in June 2018. All of them have been notified in advance according to their contract clauses and will not continue to rent the houses after expiration of contracts. The 14 renters will rent other places to continue their business and will not be affected by the project construction as:
i) Both parties reach the agreement through a free consultation and the agreement have legal
effect;
ii) The contract has the provision that once happened land acquisition and house demolition
during the period of contract, the contract will terminate and both of them consulate the
compensation;
iii) The renting market is so active that renters can found new places to rent easily;
iv) All of the renters have been notified the time of project and have enough time to looking for
new places. The local government will provide information to these renters to help them
found new place easily.
Table 1 Detailed information of the renters
Components
name
Location Ownership Name of the renters
Business
status
No. of
employees
Rent
price(Yuan/year)
Contract
ended date
Notice for
stop date
Planning
(3) Labor
hotel CECC
Wujiagang
District
Labor and
Employment
Management
Bureau of
Yichang
1) Decoration shop Close
down
Owner
themselves 10800 2016.12.31 2017.09.27
Find new
place to
continue.
2) Majisi Tyre shop Open Owner
themselves 32400 2016.12.31 2017.09.27
Find new
place to
continue.
3) Cigarette and liquir shops
Open Owner themselves 10800 2016.12.31 2017.09.27
Find new place to continue.
4) Toutoushidao Salon
Open 3 24000 2016.12.31 2017.09.27
Find new place to continue.
5) Shuijinghua Discotheque
Close
down
Owner
themselves 24000
2017.01.01 2017.09.27 Find new
place to
continue.
(10) Xiaoting CAB CECC
Xiaoting
District
CAB of
Xiaoting
District
6)Dingshengyuan restaurant
Open 20 75000 2016.11.30 2017.12.28 Get compensation for the loss of the kicthen and find new place to continue.
7)Lenovo computer shop
Open 2 14400 2016.12.08 2017.12.28
Find new place to continue.
8)Labour protection appliance supermarket
Open Owner themselves 14400 2016.12.08 2017.12.28
Find new place to continue.
9)Blue sky dry cleaning shop
Open Owner themselves 7200 2016.12.08 2017.12.28
Find new place to continue.
10)Great wall electrical shop
Open Owner themselves 7200 2016.12.08 2017.12.28
Find new place to continue.
11)Telecom service shop
Open Owner themselves 7200 2016.12.08 2017.12.28
Find new place to continue.
(4) New
Century
Training
Institute
CECC
Wujiagang
District
Education
Bureau of
Wujiagang
District
New Century Training Institute
Open 18
300000 2016.6.30 2018.6.30
Find new place to continue.
(14) Yidu
Community
elder care
center
Yidu
County
Yidu Guo Tong
Investment
and
Development
Co., Ltd.
Pingan Driver School
Open 5
N/A 2017.6.1 2018.6.30
Find new place to continue.
Geriatric
Nursing
Hospital
Dianjun
District
Yichang
Maoming Tool
Manufacturing
Co., Ltd.
Yichang Deyi Stone Industry Co. Ltd.
Open 10
80000 2017.6.1 2018.6.1
Find new place to continue.
Appendix 4 Commitment Letter of Existing Elders Resettlement in Yiling District
Picture 4-1 Commitment Letter of Existing Elders Resettlement of Yiling District Welfare Center
Appendix 5 Commitment Letter of Existing Elders Resettlement in Xiling District
Picture 5-1 Commitment Letter of Existing Elders Resettlement of Civil Affair Bureau in Xiling District
Translation of the Commitment Letter of Existing Elders Resettlement of Civil Affair Bureau in Xiling
District:
Commitment Letter
To Yichang Jiantou Health & Elderly Care Industrial Investment Co., Ltd.,
At present, there are eighty elderly people living in Xiling Social Welfare Home and fourteen
employees (contract labors). Due to the need of constructing ADB-funded Yichang
Comprehensive Elderly Care Service Demonstration Project, the elderly people living in the
social welfare home should be properly resettled. Upon negotiation with those elderly people,
their relatives and employees, the resettlement schemes are formulated as below:
1. Resettlement schemes for the elderly people
Only the eighty elderly people who now live in the social welfare home will be resettled.
(1) Scheme 1: All the elderly people will be transferred to the new social welfare home
and will not move back.
Before construction is commenced in the location of Xiling Social Welfare Home for
ADB-funded Yichang Comprehensive Elderly Care Service Demonstration Project, all the
elderly people will be transferred to the new welfare home (address: Dongshan Fourth Road,
Yichang City. The floor area is 28mu, and there will be 524 beds. Construction was
commenced in February 2018 and is expected to be completed in 2020. The new welfare
home will be put into service before December 30, 2021). The accommodation fee will not
be increased.
If the new welfare home in Xiling District is not completed as scheduled, or if the new welfare
home is completed as scheduled but the time of transferring the elderly conflicts with the
construction progress of the project in the location of Xiling Social Welfare Home for
ADB-funded Yichang Comprehensive Elderly Care Service Demonstration Project, our
bureau will be responsible for temporarily resettling all the elderly people in other elderly
care institutions in the urban area of Yichang City, and the accommodation fee will not be
increased during temporary resettlement. The relatives may also take the elderly people
home for temporary care and resettle them in the new welfare home after it is completed.
Scheme 2: The elderly people will be temporarily resettled in other social welfare
homes and will move back.
Our bureau will be responsible for temporarily resettling all the elderly people in other elderly
care institutions in the urban area of Yichang City, and the accommodation fee will not be
increased during temporary resettlement. The relatives may also take the elderly people
home for temporary care. After the project in the location of Xiling Social Welfare Home for
ADB-funded Yichang Comprehensive Elderly Care Service Demonstration Project is
completed, all the elderly people will move back, and the accommodation fee will not be
increased.
2. Resettlement schemes for employees
(1) Scheme 1: employment resettlement
Before construction is commenced in the location of Xiling Social Welfare Home for
ADB-funded Yichang Comprehensive Elderly Care Service Demonstration Project, our
bureau will coordinate to resettle the employees below the statutory employment age
(contract labors) to other elderly care institutions including the newly-built Xiling Social
Welfare Home, and the income for the same post will not be decreased.
(2) Scheme 2: Monetary resettlement
Before construction is commenced in the location of Xiling Social Welfare Home for
ADB-funded Yichang Comprehensive Elderly Care Service Demonstration Project, if our
bureau cannot coordinate to provide employment resettlement for some employees,
monetary compensation will be made to those employees according to relevant laws and
regulations including the Labor Law of the People’s Republic of China, and they may search
for jobs on their own.
3. Final negotiation and preferred scheme
Before construction is commenced in the location of Xiling Social Welfare Home for
ADB-funded Yichang Comprehensive Elderly Care Service Demonstration Project, our
bureau will finally negotiate with the elderly people living in Xiling Social Welfare Home, their
relatives and employees, and select and implement abovementioned resettlement schemes.
Any other preferred scheme may be implemented upon negotiation.
Confirmed by: Xiling District Civil Affairs Bureau (seal)
March 23, 2018
Appendix 6 Detailed LAR Impacts of Each Project Components
Detailed LAR Impacts Table of Each Project Components
Component/subcomponents Location:
District/county
New
construction/
Renovation
Land Acquisition Impacts House Demolition Impacts Estimated Number of
HHs and APs
Component 1: Community- and Home-based Elderly Care Centers
(1) Tucheng Village
Committee Dianjun District
New
Construction
4 mu of farm land to be
acquired. None 6 (20)
(2)Shangheyuan Wujiagang
District Renovation
None. Same land. 2-floor
building. Purchase house
property.
None None
(3)Labor hotel Do Renovation
None. The hotel is unused
now and 2 staffs left and
take care of the property.
One is 49 years old and will
retired next year, the other
is 45 years old and could
stay and work at the CECC.
No HD because the buildings
are owned by Labor Affairs
Bureau. However, there are
occupants:
a) 3-storey building were
leased by 5 shops
(salon, home decoration,
tyre shop, disco and
cigarette and liquer
shops). Their lease
contracts ended in
Decemer 2016 and were
not renewed anymore.
All occupants were
allowed to continue their
business operations
rent-free since
December 2016. The
occupants have received
None but the information
on the occupants has
been included in the
Resettlement Plan as
part of due diligence in
appendix 3.
Detailed LAR Impacts Table of Each Project Components
Component/subcomponents Location:
District/county
New
construction/
Renovation
Land Acquisition Impacts House Demolition Impacts Estimated Number of
HHs and APs
written notice to leave in
September 2017 by the
bureau.
b) 7-storey building. The
hotel is unoccupied but
there are two employees
(caretakers). One will
retire next year while the
other employee will
continue to work for
CECC
(4) New Century Training
Institute Do Renovation
None. Rented to a training
company now and the
contract will expire in June
2018.
No HD. They have been
notified in advance according
to their contract clauses and
will not continue to rent the
houses after expiration of
contracts. They will rent other
places to continue their
business and will not be
affected by the project.
None but the information
on the occupants has
been included in the
Resettlement Plan as
part of due diligence in
appendix 3.
(5) CAB Kindergarten Xiling District Renovation.
None. Rent to a SPA and
the contract will expire in
2022.
None. No HD because the
building is owned by the Civil
Affairs Bureau. However, the
SPA may potentially be
affected if their contract
needs to be terminated in
1 spa owner with 21
employees.
Detailed LAR Impacts Table of Each Project Components
Component/subcomponents Location:
District/county
New
construction/
Renovation
Land Acquisition Impacts House Demolition Impacts Estimated Number of
HHs and APs
advance.
(6) Yunlin Hotel Do Renovation.
None. Rent to a private
hotel now and the contract
will expire in May 2019.
No house demolition.
However, it is being rented in
by an individual who
managed this hotel. However,
the hotel may potentially be
affected if their contract
needs to be terminated in
advance.
1 hotel owner and 6 hotel
staff
(7)Xiling District Social
Welfare Institute Do Renovation
None. Use state-owned
land which they got 20
years ago.
None. The building belonged
to Xiling District Welfare
Center and about 80 elderly
people living in the building
and accepting the elderly
care service now. Xiling
District Welfare Center has
already applied a new place
to build a new center and the
existing elders and staffs will
transfer to the new welfare
center (not our CECC) which
is under construction by the
Civil Affair Bureau of Xiling
District and will be completed
None. Civil Affair Bureau
in Xiling District and the
old persons’ families
have come to an
agreement through
consultations that
institutions will provide
residential facilities for
them at other buildings
inside the center during
the transition. After the
construction of the new
CECCs and the new
welfare center (not our
CECC), the affected old
Detailed LAR Impacts Table of Each Project Components
Component/subcomponents Location:
District/county
New
construction/
Renovation
Land Acquisition Impacts House Demolition Impacts Estimated Number of
HHs and APs
in recent two years. persons can choose to
move to new CECCs or
to a new welfare center.
Civil Affair Bureau in
Xiling District has also
agreed that the current
charges will not be
raised at the new
institutions for them and
commit this and the
Commitment Letters of
the two institutions were
attached in the appendix
5 in RP
(8) Sanjiang yuan Do Renovation None. Purchase house
property. None None
(9)Xiaoting CAB Elderly Care
Center
Xiaoting
District NC
None .Use state-owned
land got in 12 years ago.
No HD because the buildings
are owned by the CAB.
However, there are
occupants:
a) Bldg 1 inside the
compound :(i) the ground
floor inside the building is
rented out to an individual
who is operating a
None. The information
about the occupants has
been included in the
Resettlement Plan as
part of due diligence in
appendix 3.
According to CAB, the
contracts of the 5 renters
ended in the end of
2016. CAB has not
Detailed LAR Impacts Table of Each Project Components
Component/subcomponents Location:
District/county
New
construction/
Renovation
Land Acquisition Impacts House Demolition Impacts Estimated Number of
HHs and APs
restaurant. The kitchen
(about 100 m2) was built
by the renter, and (ii) the
2nd floor is used by CAB.
b) Bldg 2 facing the street.
(i) The ground floor with
stalls facing the street is
rented out to 4 individuals
for business: (dry
cleaning, computer shop,
pipe shop and labor
protection appliance
shop); (ii) The 2nd floor is
being used by the CAB.
The Office of CAB will
relocate to another place
which has been
confirmed and there will
be no impact on them.
renewed the contract
with the renters any
more. They have posted
a notice in December
2017 to tell them they
are scheduled to vacate
the area before the
Spring Festival.
(10) Huya Middle school
(Gaojia village in Huya
sub-district center)
Do NC None. Use state-owned
land got 7 years ago. None None
(11) Xinchang Market in
Beiyuan sub-district center Gaoxin District NC
4.5 mu of
collectively-owned land to
be acquired. There are still
some vegetables on the
1 residential house, 1
fishpond to be demolished.
1 HH with 4 person,
collectively-owned land
not contracted with
farmers,
Detailed LAR Impacts Table of Each Project Components
Component/subcomponents Location:
District/county
New
construction/
Renovation
Land Acquisition Impacts House Demolition Impacts Estimated Number of
HHs and APs
land.
(12)Xiaoxita, 48 Pingyun
Road Community elder care
center I
Yiling district Renovation None.
None. 2 households who
have the property of the
houses are living in the 3
floors building which will be
renovated to be a CECC by
this project need to relocate
to other places.
2 households with 2
elderly people will be
affected by the
renovation of the whole
building for CECC of this
project.
(13)Xiaoxita Community elder
care center II No.8 Huangjin
Road(Yiling District Welfare
Home)
Do Renovation None.
None. The building belonged
to Yiling District Welfare
Home and about 130 elderly
people living in the building
and accepting the elderly
care service now. According
to the consulting between
elderly people , their family
and Yiling District Welfare
Home in March 2018, the
existing elders will move to
other buildings inside the
Welfare Home and after the
construction of the
renovation, 70 elders want to
move back to the building and
the other 60 elders want to
None. The Yiling Yiling
District Welfare Center
has promised that the
basic price will not
increase for these elders
and they could choose to
accept the additional
services provided by this
project.
Please find the
commitment letter by
The Yiling Yiling District
Welfare Center in
appendix 4.
Detailed LAR Impacts Table of Each Project Components
Component/subcomponents Location:
District/county
New
construction/
Renovation
Land Acquisition Impacts House Demolition Impacts Estimated Number of
HHs and APs
move to other buildings inside
named Fuxing building and
Fushou building.
(14) Yidu Community elder
care center
Yidu County
level City NC
None. Use there own
state-owned land got in 19
years before.
None. The site was used by
two units now: 1) The building
was temporarily occupied by
the students from
Yidu Vocational Education C
enter for transition because
their new center will be
complete in later 2018. They
used the building for free and
will move to the new center
building once it completed.
So there will be no impact on
them. 2) The playground was
rent to a drive training school
and the contract will expired
in two months later.
None. The local
government has noticed
the company about this
project in advance and
they plan to find new
place to continue there
business when the
contract expires and the
staffs will go together. So
there will be no impact
on the company and
their staffs. So there isn't
LAR or APs in Yidu
also. The information
about the occupants has
been included in the
Resettlement Plan as
part of due diligence in
appendix 3.
(15) Maoping Town Rural
Welfare No 1 Institute Zigui County NC
None. The site located in
Jingangcheng New District
of Maoping Town. The land
No relocation None
Detailed LAR Impacts Table of Each Project Components
Component/subcomponents Location:
District/county
New
construction/
Renovation
Land Acquisition Impacts House Demolition Impacts Estimated Number of
HHs and APs
has been acquired by the
local government 8 years
before for the development
of new district. It is vacant
now without houses or other
ground attachments. So
there isn't LAR or APs.
(16) No 9 Jianshe Road (Ma
jiadian sub-district center)
Zhijiang
County NC
3096.8m2 of land vacant
and got in 20 years before
which is readily available
None None
Component 2: Dementia Care Center
Component 2:Dementia Care
Facility (DCF)
Xiling
District(new
Salvation
Management
Station of CAB)
New construction None. Use state-owned
land got 20 years ago. None None
Component 3: Geriatric Medicine and Nursing Service
Component 3.1: Geriatric
Nursing Hospital Dianjun District NC
(a) 31.42 mu of state-owned
land (b) 54.36 mu of
collectively-owned land to
be acquired.
(a)4989.2m2 residental house
demolition with 18 HHs and
76 APs.(b)9880.23m2 of
factory HD with 3 enterprises
and 51 employees.
(a) 34HH (136APs) will
affected by LAR.(b)18
HHs with 76 APs
affected by HD, 17 HHs
of the total are affected
by both HD and LAR.(c)
3 enterprises and 51
employees will be
affected by HD.
Detailed LAR Impacts Table of Each Project Components
Component/subcomponents Location:
District/county
New
construction/
Renovation
Land Acquisition Impacts House Demolition Impacts Estimated Number of
HHs and APs
Component 3.2: Geriatric
Medicine Hospital Xiling District NC
Land owned by No.2
Hospital of Yichang since
1978. The land is vacant.
The building will be built on
the hospital’s vacant land. None
Component 4: EC-ICT Platform & Component 5: Caregiver and Manager Training and Career Center
Elderly Care Management
Information System &
Caregiver and Manager
Training and Career Center
Xiling District
(in the Yichang
Welfare Home)
NC
Land and buildings are
owned by CAB since 2012.
The welfare house building
and rehabilitation hospital are
currently occupied by 110
children.
None. 110 children. They
will be transferred to
another building
