documents.worldbank.orgdocuments.worldbank.org/curated/ru/3310014680288035… · Web...

Resettlement Action Plan & Due

Diligence Report

Of

Mudanjiang Cold Weather Smart Public

Transportation System Loaned by WB

RP1506

Mudanjiang Development and Reform

Commission

Oct. 2013

CURRENCY EQUIVALENTS (As of 31 Sep 2013)

Currency unit – Yuan (CNY) CNY 1.00 =$0.1627 $1.00 = CNY6.1480

ABBREVIATION

AH Affected HouseholdAP Affected PersonCNY Abbreviation for Yuan, PRC’s currencyDI Design InstituteEA Executing agencyEAR Environmental Assessment ReportFSR Feasibility Study ReportHH HouseholdLAB Land Administration BureauLA&R Land Acquisition and ResettlementLAO Land Acquisition OfficeLPMO Local Project Management OfficeMCWSPTS Mudanjiang Cold Weather Smart Public Transportation

SystemM&E Monitoring and EvaluationMMDRC Mudanjiang Municipal Development and Reform

Commissionmu Chinese land area unit, 1 mu = 0.0667 ha or 1 ha=15muNGO Non-Government OrganizationPMO Project Management OfficePRC People’s Republic of ChinaRAP Resettlement Action PlanRIB Resettlement Information BookletRMB Renminbi—another word for the PRC Currency, the YuanSA Social Assessment SES Socioeconomic SurveyWB World Bank

NOTES(i) The fiscal year of the Government of the People’s Republic of China

and its agencies ends on 31 December.(ii) In this report, "$" refers to US dollars and “¥” refers to CNY

Content

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

1. Project Background..............................................................................I

2. Project Impacts.....................................................................................I

3. Policy Framework and Entitlements...............................................III

4. Resettlement Measures.....................................................................V

5. Vulnerable Groups and Women Groups........................................VI

6. Public participation and information disclosure...........................VII

7. Complaints and Appeals.................................................................VII

8. Agency..............................................................................................VIII

9. Monitoring assessment and report..............................................VIII

10. Resettlement budget..................................................................VIII

1 Project Overview...................................................................................................1

1.1 Background..........................................................................................1

1.2 Project Overview..................................................................................2

1.2.1 The Project Components and Immigration Influence

Identification.................................................................................................2

1.2.2 Benefited areas and affected areas.....................................10

1.2.3 The Project’s Social and Economic Significance...............11

1.3 Measures of Avoiding or Minimizing LA and Resettlement.........14

2 Project Impacts...................................................................................................16

2.1 The Definition of Project Impact......................................................16

2.2 Impact Categories.............................................................................20

2.3 Survey Methodology and Process..................................................20

2.4 Social Survey results........................................................................21

2.4.1 The Collection of Rural Collective Land..............................22

2.4.2 The Allocation of State-owned Land....................................23

2.4.3 The Impact of Temporary Land.............................................23

2.4.4 Building Demolition.................................................................23

2.4.5 Affected Population.................................................................23

2.4.6 Vulnerable Groups..................................................................24

2.4.7 Project's Impact on Women...................................................24

2.4.8 Affected Ground Attachments...............................................24

3 The Social and Economic Characteristics and Impact Assessment..........27

3.1 Social and Economic Backgrounds in Mudanjiang City..............27

3.2 The Affected Area, The Villages and Towns Social and

Economic Conditions........................................................................................28

3.2.1 Sandaoguan Town, Aimin District.........................................28

3.2.2 Hualin Town, Yangming District............................................30

3.3 Economic and Social Situations of Villages Affected by Levy

Land and Remove of the Project....................................................................30

3.4 Socio-economic Sample Survey of Affected Regions.................34

3.4.1 Demographic Information......................................................34

3.4.2 The Socio-economic Status of Sampling Families............37

3.4.3 Analysis of Social Gender Status.........................................37

4 Resettlement Law and Policy...........................................................................41

4.1 Laws, Regulations and Policies on Resettlement........................41

4.2 China's laws and regulations and related policies.......................42

4.3 The World Bank's Main Policy.........................................................50

4.3.1 The World Bank's Policy Objectives....................................50

4.3.2 Measures as Required...........................................................50

4.4 The Main Difference between World Bank’s policies and

between Chinese’s law.....................................................................................51

4.5 The Principle of Compensation Projects........................................53

4.6 Compensation Deadline...................................................................53

5 Compensation Standards..................................................................................54

5.1 Compensation Standards of Rural Collective Land Permanently

Collection............................................................................................................54

5.2 Compensation Standards of State-owned Land Using...............54

5.3 Compensation Standards of Temporary Land..............................55

5.4 Compensation Standards of Young Crops and Items Attached to

Land 55

5.5 Other Fees Standard........................................................................56

5.6 Interest Table......................................................................................57

6 Production and Livelihood recovery program................................................60

6.1 Resettlement Objectives..................................................................60

6.2 Resettlement Principles....................................................................60

6.2.1 Minimize Immigration Policy..................................................60

6.2.2 Equivalence Principle of Compensation..............................60

6.2.3 Focus on Principles................................................................61

6.3 Permanent Resettlement Measure.................................................61

6.3.1 Permanent LA Impact Analysis.............................................62

6.3.2 Resettlement Program...........................................................62

6.4 Affected Infrastructures and Ground Attachments.......................66

6.5 Training of Resettler and Project Labor.........................................66

6.6 Resettlement of Vulnerable Groups...............................................69

6.7 Indemnification of Women's Rights................................................69

7 Public Participation.............................................................................................71

7.1 Public Participation Strategy............................................................71

7.2 Public Opinion Survey......................................................................73

7.3 Public Participation in the Process and Information Disclosure

Plan 77

8 Grievance Procedure.........................................................................................81

9 Institutions............................................................................................................82

9.1 Institutions Related to Immigration Action.....................................82

9.2 Organization Chart............................................................................83

9.3 The Immigration Agency Duty.........................................................84

9.3.1 The Lead Team of MCWSPTS..............................................84

9.3.2 The project office of MCWSPTS(management center of

MCWSPTS)................................................................................................84

9.3.3 Project Implementation Agencies (Mudanjiang City Traffic

Police Detachment, Construction Bureau, Public Transport

Corporation)................................................................................................85

9.3.4 LAD............................................................................................85

9.3.5 Design and Research Institute..............................................85

9.3.6 Immigration External Independent Monitoring Agency.....86

9.4 Qualifications and Staffing...............................................................86

9.5 Measures of Strengthening the Institutional Capacity.................87

10 Implementation Schedule...........................................................................89

10.1 Implementation Principle of Progress Convergence of

Resettlement and Project Construction.........................................................89

10.2 Critical Missions of Permanent LA and Resettlement.............89

10.3 Critical Missions of Temporary LA and Resettlement..............89

10.4 Resettlement Implementation Schedule for the critical

Missions 90

10.4.1 Formulate Principles of LA and Resettlement

Implementation Schedule.........................................................................90

10.4.2 Schedule of Overall Resettlement......................................90

11 Fees and Budget.........................................................................................92

11.1 Fees.................................................................................................92

11.2 Annual Fund Using Plan...............................................................96

11.3 Sources of Resettlement Funding..............................................96

11.4 The Flow of Funds and the Allocation Plan...............................96

11.4.1 Flow of Funds........................................................................96

11.4.2 Allocation and Management................................................97

12 Monitoring and Evaluation..........................................................................98

12.1 Internal Monitoring.........................................................................98

12.1.1 Implementing Procedure......................................................99

12.1.2 Monitoring Content...............................................................99

12.1.3 Internal Monitoring Report...................................................99

12.2 External Independent Monitoring..............................................100

12.2.1 Independent Monitoring Agency.......................................100

12.2.2 Monitoring Procedure and Content..................................100

12.3 Monitoring Indicators...................................................................101

12.4 Post Evaluation............................................................................101

Annex 1 Due Diligence Report for Land Acquisition and Resettlement

Process of Jiangnan Public Transport Hub Construction Project....................103

Annex 2 Due Diligence Report for First and Last Stops of Public Transport

in Fujiang Road........................................................................................................113

Annex 3 Letter about the Preliminary Examination Opinions of Land for

Construction Projects of MCWSPTS....................................................................118

Annex 4 Gender Analysis in Project Area........................................................121

Annex5 Heilongjiang Provincial Human Resources and Social Security

Department "Related Notice on the landless Farmers Participating in the

Basic old-age Insurance for Urban Enterprise Workers ".................................124

Annex 6 Resettlement Information Booklet.....................................................127

1. Project Overview..............................................................................127

2. Social Impacts..................................................................................128

3. Resettlement Law and Policy Objectives....................................131

4. Resettlement Program....................................................................133

5. Compensation Standards...............................................................136

6. Implementation Institutions............................................................137

7. Grievance Procedure......................................................................138

8. Contact Information.........................................................................139

Annex 7 Announcement of the Disclosure of “Resettlement Action Plan and

Due Diligence Report” and “Social Assessment Report” of MCWSPTS........140

Executive Summary

1. Project BackgroundIn response to the actual requisition of Mudanjiang on development of

resources, environment and ecology, and people's livelihood and economy,

improve the current situation of urban public transport which is relatively

backward, Mudanjiang Municipal Government intends to loan form WB, carry

out the Mudanjiang Cold Weather Smart Public Transportation System

Loaned by WB (hereinafter referred to as “the project”). The project is divided

into four sub-projects, namely: the integrated public transport corridor sub-

project, the public transport infrastructure sub-project, the intelligent

transportation systems, the institutional capacity building sub-project.

The project's total investment is RMB 1.24 billion, of which the WB loans

$ 100 million, and the remaining portion is to be resolved by the Mudanjiang

municipal government matching funds. Resettlement fund is RMB 3,815,000,

accounting for 0.31% of the total investment.

The Project is organized by Mudanjiang DRC, which is the lead

organization. Construction period will be three years, from January 2014 to

December 2016, a total of 36 months.

2. Project ImpactsProject beneficiaries’ district cover the entire city of Mudanjiang,

especially urban residents of Mudanjiang.

The project is going to permanently expropriate rural collective land

3.05ha (45.75 acres), mainly affected 3 administrative villages, under two

towns (streets), which are under two districts of Mudanjiang City, namely Aimin area

Sandaoguan Town Beian Village and Yinlong Village, Yangming District Hualin

District Hualin Village.

Su

b-

pro

ject

Name

of

individu

al

Dis

trict

Towns

hip

(town)

Village Total

cultivated

land of the

village

Dryland to be levied Rate of land

acquisition

impact Ha Mu

I

na

me

constru

ction

(mu,

before land

Bu

s

ter

min

als

con

str

ucti

on

Bada

bus

terminal

Ai

min

Sanda

oguan

town

Yinlong

village 410 0.43 6.45 1.57%

Hualin

bus

terminal

Ya

ng

min

g

Hualin

town

Hualin

village 5700 1.51 22.65 0.40%

Subtotal 6110 1.94 29.1

Re

pai

r

sho

p

con

str

ucti

on

Daqingl

u east

repair

shop

Ai

min

Sanda

oguan

town

Beian

village 631 1.11 16.65 2.64%

Subtotal 631 1.11 16.65

Total 6741 3.05 45.75 0.68%

The project will occupy a new state-owned land of 4.69ha (70.35 acres),

of which: state-owned land that Jiangnan transit hub construction going to

occupy is state reserve land of Mudanjiang Economic Development zone,

namely national recycling economy pilot park (hereinafter referred to as Zone)

(formerly was collective land of Dongan District Xinglong Town Niehe village,

acquired in 2006), total 4.29ha (64.35 acres), the state-owned land will be

used by free allocation; the state-owned land for Fujiang Road bus terminals

construction is the land occupied by the Dongsi cross-river bridge project two

in 2011(which was village collective land of Yangming District Xinxing Street

Dongjiang Village before expropriation), total 0.4ha (6 acres), the state-owned

land will be used by free allocation.

The project does not involve temporary land occupation.

The project does not involve the demolition of buildings.

The project affects a population of 102 from 26 households, which are all

II

Han, caused by collective land occupation; this project does not involve any

house demolition.

Subproject Individual

construction District

Township

(town)Village The number of AHs (family )

The number of affected

persons（person ）Tota

l

Among which：vulnerable families Tota

l

Among

which：Female

population

The

proportion

of women

Vulnerable

families

(family)

Vulnerable

population（person）

Vulnerable

types

Construction

of bus

terminal

BaDa bus

terminal

Aimin SandaoguanYinlong 3 0 0 N/A 13 6 46.15%

HuaLin bus

terminalYangmin Hualin Hualin 18 1 1

The

elderly，lo

w

household

69 33 47.83%

Subtotal 21 1 1 N/A 82 39 47.56%

Construction

of repair

shop

Daqing

Road repair

shop

Aimin Sandaoguan Beian 5 0 0 N/A 20 11 55.00%

Subtotal 5 0 0 N/A 20 11 55.00%

Total 26 1 1 N/A 102 50 49.02%

In the 26 AHs, there is one (Hualin town Hualin village, accounting for

3.8% of the total affected households) that received the government minimum

living guarantee. This is a vulnerable group for the elderly and low-income

families. The project will provide this vulnerable household with extra help.

Among the investigated affected population, there are 50 women,

accounting for 49.02% of the total. In the affected farmer families, there’s no

households based on single woman labor, because of being widowed,

divorced, abandoned, and other causes.

Affected ground attachments include 13 concrete poles, 8 wooden

poles,and 35 scattered seedlings.

3. Policy Framework and EntitlementsTo avoid or minimize the negative impact of land acquisition, during

III

feasibility study stage of the project, the project's location should be

negotiated fully with the affected villages, APs. Through the project

comparison and selection, choose the optimal solution.

The resettlement plan is make according to the "PRC Land Law" (2004),

"the State Council on Deepening the Reform to strict land management

decisions" (State Council [ 2004 ] No.28), relevant policies of Heilongjiang

Province and the WB "involuntary APs" and related social security policies.

Based on the policies above, after negotiation with local government and the

affected people, the resettlement principles of the project is developed as

follows: (a) if feasible, try your best to avoid involuntary resettlement; (b)

compensation and right the affected people get should be enough to at least

maintain their living standard "without project", or even increase it;(c) whether

the affected people have the legitimate rights or not, all the people affected

shall receive resettlement compensation and resettlement assistance;(d) If the

land is not enough for the person to maintain their livelihood after land

acquisition, provide cash or in-kind replacement land compensation, and other

income-generating activities;(e) Ensure that the affected people fully

understand the qualifications, compensation and standards, livelihood and

income restoration plans, project timing, and participate in the implementation

of the resettlement plan; (f) land acquisition shall not start until the affected

people are satisfied with compensation and resettlement (program);(g)

executive agencies and independent/ third party will monitor operations of the

compensation and resettlement;(h) special assistance or treatment should be

given to the vulnerable groups (including women) to ensure that they live

better, all the affected people should have the opportunity to benefit from the

project;(i) Resettlement program should be consistent with the overall

planning of district, township(town);(j) immigration fee shall be enough to

cover all affected parties .

The deadline of project compensation eligibility defining is set at October

IV

1st, 2013. The deadline will be noticed when the feasibility study is adopted.

Affected people newly reclaimed land, newly built houses, and new settlers in

the affected areas which happen after the closing date, will not be in the range

of compensation or subsidies. Any construction of buildings or trees planted

only for additional compensation only should not be counted.

4. Resettlement MeasuresAccording to the wishes of the affected villagers, the project is going to

take the cash compensation for resettlement. For permanent land acquisition,

land acquisition compensation includes land compensation fees, resettlement

fees and crops compensation fees. According to the provisions of

"Mudanjiang Municipal People's Government notice on adjusting the levy

Integrated premium around the city," this project involves Hualin Village, Beian

Village, and Yinlong village, totals 3 villages, whose integrated land

compensation standards are 25,333 RMB/mu, 40,000 RMB/mu, 50,000

RMB/mu. The project's crop compensation standard is 800 RMB/mu.

Measures for APs to restore income include cash compensation,

providing technical training and priority employment from the project, etc.

Through statistical analysis, the project's land acquisition will bring some

negative impact on farmers households’ daily agricultural production, but the

affected area is located in the suburban area of Mudanjiang City, non-

agricultural income is the main source of farmers’ income, agricultural income

account for only about 1-2% of the per capita net income of farmers. Thus,

overall, the project land acquisition impact on the per capita income of

affected farmers is very small.

After compensated for land acquisition, the affected farmers will use the

compensation fees for the improvement of land and expanding the

reproduction of household sideline. In addition, the Mudanjiang Municipal

People's Government Project Office will work with the affected zones, the

towns to arrange special funds (100,000 RMB) for vulnerable groups

V

assistance, at the same time, the project prepare funds of 100,000 for

affected villagers re-employment training.

After land acquisition, Mudanjiang Municipal Land Resources Bureau will

identify the landless farmers to participate in the basic old-age insurance for

urban enterprise workers, land use unit will pay insurance fee for these

landless farmers at the rate of 62,370 yuan per landless farmer. Affected

Village committee will convened all villagers to discuss who can be taken as

“landless farmer”, basically according to villagers’ affected degree and other

factors. The proposed list of insured persons will be twice publicly displayed

so as to collect villages’ suggestion. After payment, the qualified landless

farmers (male over 60 years and women over 55 years) can receive the basic

pension. The standard of it in Mudanjiang city of 2013 is about 500 yuan per

person per month. The specific amount of each person need to be calculated

according to a complicated calculation formula. The standard of the pension

for landless farmers will be adjusted according to the adjustment of urban

minimum living standard.

5. Vulnerable Groups and Women GroupsAccording to the investigation, all of the affected population are Han, in all

the affected 102 persons from 26 families, 50 of them are female. There is

one household with one person is vulnerable, vulnerable type for the elderly.

Women will fully participate in the resettlement activities through

information disclosure and village collective meeting; they have the equal

rights with men to access compensation, project employment and training

participation. In addition, the following implementation measures are to be

taken to protect women rights: (a) during the project construction process, to

ensure that a certain number of women (at least 20% of unskilled labors)

obtain opportunities of project unskilled employment. Besides, if the work is

same, women should receive equal payment as men; (b) in technical training,

including part-time work, hairdressing and other industries, giving priority to

VI

the affected women, at least 50% of the training population should be female

population, to ensure their economic status will not be compromised; (c)

during operation of the project, provide cleaning, security and green jobs for

women affected by the project, to ensure that its revenue recover. (d) The

affected women can receive relevant information during resettlement, and can

participate in the public consultation and resettlement. (e) Compensation

agreement must be signed by both husband and wife. During resettlement

implementation, hold a special women symposium to introduce immigration-

related policies to improve women's awareness.

For the vulnerable group family (one elderly), according to relevant

policies of Mudanjiang City, the township government will help its application

into the rural subsistence allowances; Meanwhile, the project is to set aside

10 million from the cost to establish a vulnerable group assistant fund to

support the current and potential vulnerable groups.

6. Public participation and information disclosureThrough a variety of approaches, such as meetings, interviews, villagers

group discussions, public participation meetings and negotiations, all affected

persons (including 30% of women), has been advised of key elements of the

resettlement plan. Through the above activities, the project office make APs

participate in the project, and fully considered their views in the resettlement

plan. The draft Resettlement Action Plan was publicized on October 10, 2013

in the "Mudanjiang Daily" and has been put one Mudanjiang city government’s

website. Resettlement information booklet and Resettlement Action Plan will

be distributed to the affected persons or villages at the end of March 2014,

draft resettlement plan will be published on the Bank's website before the end

of December 2013. Appeal channel has been established, the agencies will

accept the affected population grievances and complaints free of charge, and

the reasonable cost cause in the process will be paid from the project

unforeseen costs.

VII

7. Complaints and AppealsEstablish a complaints procedure to resolve compensation and other

resettlement interests disputes, of which the goal is to timely and

transparently react to the complaints of affected people. The possible

complaints of the project may come from the collective land expropriation and

so on. In this regard, WB Project Management Center of Mudanjiang City,

together with the affected districts, the town governments and village

committees take responsibility for coordinating and resolving the complaints

and appeals during the resettlement process. APs can appeal for any aspect

of the resettlement, including compensation standards and so on.

8. Agency Mudanjiang Municipal People's Government is the borrower and

responsible unit of the project, meanwhile, Mudanjiang municipal government

have established WB Project Management Center of Mudanjiang (located in

preliminary Branch of Mudanjiang municipal Development and Reform

Commission), which is responsible for the coordination of the project.

Mudanjiang Municipal Traffic Management Bureau, Construction Bureau,

automobile transportation companies and others are the implementing agency

for the project; WB Project Management center of Mudanjiang is in charge of

the resettlement plan.

9. Monitoring assessment and reportIn order to ensure successful implementation of the resettlement plan,

internal and external monitoring of the implementation of the project on

immigration will be taken. The WB Project Management Center of Mudanjiang

City, together with sub-units, that shall provide a monitoring report to the WB

every six months, will perform the resettlement internal monitoring. WB

Project Manage center of Mudanjiang City will consign an independent

monitoring institution to conduct the biannual external monitoring and

evaluation. Monitoring and evaluation costs are included in the estimated

VIII

resettlement budget.

10.Resettlement budgetExpenses incurred in the process of land acquisition and resettlement are

included in the total project budget. In accordance with the prices in October

2013, the total cost of the resettlement is 3.815 million CNY1. Among which,

permanent collective land costs is 1.5623 million CNY (40.95% of total costs);

ground attachments compensation is 53,300 CNY (1.4% of total costs);

special subsidies for vulnerable groups is 100,000 CNY (2.62% of total costs);

training costs of the affected population is 100,000 CNY (2.62% of total costs),

the direct costs of land acquisition, demolition during the resettlement process

is 1.5623 million CNY.

1Due to landless farmers participating in the urban enterprise workers basic pension requires Mudanjiang

Municipal Land Resources Bureau to determine after land acquisition. So, this part cost need to be updated in the

budget after the land acquisition.

IX

Resettlement Action Plan & Due Diligence Report of Mudanjiang Cold Weather Smart Public Transportation System

1 Project Overview

1.1 BackgroundIn response to resources, environment and ecology, the real demand of

people's livelihood and economic development in Mudanjiang City, as well as

to improve the current situation of urban public transport which is relatively

backward, the government of Mudanjiang City intends to loan from the WB,

carry out the Mudanjiang Cold Weather Smart Public Transportation System

Loaned by WB (hereinafter referred to as the project in following).

The project aims to build a green, safe city, environment protection and

low carton ecological homeland as the guiding ideology in extremely cold

area, vigorously develop “smart and safe” public transport system, and

promote the advanced concept of transportation active safety system, develop

the transit-oriented mode of transport, build and improve the corresponding

facilities, promote “safe and efficient” traffic management methods, build a

“safe, smart, efficient and environmentally friendly” traffic travel environment.

Give full play to the important role of transportation system of Mudanjiang

City, the construction of Northeast Asia economic and trade area. Specific

objectives are:

First, give priority to the development of city public traffic; improve the

public transport capacity and punctuality rate; enhance the attractiveness

greatly, the ability and level of service of public transport; build

“environmentally protection, energy-saving, low-carbon” green transport

environment; ease traffic congestion and promote green low carbon travel;

Second, solve the prominent contradictions between the rapid growth of

urban transportation and the resources of land and transportation by the

numbers; improve the effectiveness and efficiency of transport systems; and

promote the linkage of road safety system in order to make full use of the

resources and industrial advantages in Mudanjiang City; undertake

~ 1 ~


international industrial transfer and factors of restructuring; accelerate the

adjustment of economic structure to provide integrated transport support;

Third, in order to boost the tourism industry in Mudanjiang City, create a

good traffic condition for “ice and snow tourism, green tourism, the Northeast

Asian style tourism”, and enhance the image of city of Mudanjiang City and its

soft power vigorously.

1.2 Project Overview1.2.1 The Project Components and Immigration Influence

IdentificationAccording to the feasibility study report, the project is divided into four

sub-projects: the integrated public transport corridor sub-project, the public

transport infrastructure sub-project, the intelligent transportation systems, the

institutional capacity building sub-project. The specific content of the project

for:

Design and construct integration on five selected bus corridor, including

bus lanes, bus stops, and intersection widening and drainage of integrated

transformation, bus priority traffic signal control system, the transformation of

the corridor along the street entrances, pedestrian crossing system

improvement, reduction facilities, parking planning and management.

On the basis of intelligent transportation systems in Mudanjiang city on

the expansion and depth of integration, build “a data center, three large

business platforms, and eleven business systems.” It covers transportation

comprehensive monitoring, signal control, illegal automatic recording,

intelligent transportation scheduling, dispatching emergency transportation,

public transportation information services and so on.

Complete the design and construction of bus station, bus hub, surrenders

courts and other public infrastructure.

The project's total investment is 1.242934 billion CNY, of which the WB

loans is $ 100 million, and the remaining portion was resolved by the

~ 2 ~


municipal matching funds raised by Mudanjiang government. Resettlement

funds is 3.815 million CNY, accounting for 0.31% of the total investment.

The project is led by the Mudanjiang Municipal Development and Reform

Commission. Construction period is 3 years, from January 2014 to December

2016, a total of 36 months.

The major impact of the project LA and relocation is from public

transportation infrastructure, the project LA affect is shown in Table 1-1.

~ 3 ~


Table 1-1 Resettlement impact identification and resettlement documents to be prepared for this sub-projects

Name of subprojects

Construction

Units

Main construction contents of subprojects

Single project name of

subprojects

Construction contents of single project of subprojects

Impact identification

Resettlement documents preparation

The integrated

public

transport

corridor

engineering

Mudanjiang

City

Construction

Bureau

The integrated

public corridor

Taipin Road

slow system

comprehensive

reconstruction

Footpath reconstruction，set up isolation、across street

feasibility、parking feasibility, etc

Reconstruction in

the original

place, not

involves new

land acquisition,

no demolition,

no temporary

land occupation,

no livelihood

impact problem.

Compile

resettlement

Action Plan and

policy framework

for the possible

resettlement

impact

The

construction of

Xinan Street

integrated

transport

corridor

Road section adjustment, footpath reconstruction,

transportation engineering construction, set up isolation,

remake attachment lamp-posts, pipeline, greenery,

The

construction of

Pinan Road

integrated

transport

corridor

Road section adjustment, footpath reconstruction,

transportation engineering construction, set up isolation,

remake attachment lamp-posts, pipeline, greenery,

The

construction of

Guanghua

Street

integrated

Footpath and motor line reconstruction，roadbed、road

surface reconstruction，transportation engineering

construction，set up isolation, crossing

reconstruction，attached lamp、pipeline、greenery, build a

~ 4 ~


Name of subprojects

Construction

Units



subprojects




transport

corridornew over bridge

The

construction of

Xi’santiao

Road

integrated

transport

corridor




reconstruction，attached lamp、pipeline、greenery,

The

construction of

Dong’sitiao

Road

integrated

transport

corridor




reconstruction，attached lamp、pipeline、greenery,

Public

transport

infrastructure

construction

Mudanjiang

City Bus

Company

Repair factory

construction

Repair factory

construction in

the east

Daqing Road

Administrative office、technological management、life

service facilities（recreation and

spot、canteen、toilet、bachelor dormitory、medical

matters）etc,that kind of office building，repair

workshop,maintain garage,material warehouse,oil gas

Propose to

expropriate

collective lands

1.11ha (16.65

mu) of Beian

Village of

Compile

Resettlement

Action Plan

~ 5 ~


Name of subprojects

Construction

Units



subprojects




and so on, that kind of ,maintain building，stopping

pad,test road,factory road, parking

facilities，greenery,lighting,drainage,fire control facilities.

Sandaoguan

Town of Aimin

District

Public

transportation

transit hub

center

construction

Jiangnan

public

transportation

transit hub

center

construction

Transit hub management, routes scheduling, monitoring,

drivers rest,catering、hygiene，buses parking

Propose to

occupy4.29ha

(64.35 mu) in

Mudanjiang

economic

development

zone. This land

belongs to Yehe

Village of

Dongan District

Xinglong Town

of

Free allocation of

state-owned lands

included in

Resettlement

Action Plan and

compile due

DiligenceReport

of Jiangnan

Public Transport

Transit Hub

Center for the

land acquisition

The first and

last stations of

public

transportation

The first and

last stations of

Hualin public

transportation

routes scheduling, monitoring, drivers

rest,catering、hygiene，buses parking, lighting, greenery

Propose to

expropriate rural

collective land

1.51ha (22.65

mu)in Hualin

Village of hualin

Town of Yangmin

Compile Resettle

Action Plan

~ 6 ~


Name of subprojects

Construction

Units



subprojects




District,no

demolition and

temporary land

occupation

The first and

last station s of

Bada

Propose to

expropriaterural

collective land

0.43ha (6.45mu)

in Yinlong Village

of Sandaoguan

Town of Aimin

District, no

demolition and

temporary land

occupation

The first and

last station of

Fujiang Road

Propose to

expropriate 0.4ha

(6 mu) Dongjiang

Village of Xinxing

Street of

Yangmin District

Compile the first

and last stations

of Fujiang Road

land acquisition

diligence report

Mudanjiang Transport N/A Education base proposes to build with the construction of Extend in the N/A

~ 7 ~


Name of subprojects

Construction

Units



subprojects




traffic police

detachment

security

education

center

Mudanjiang City Transport Security Control Center,

build two-floor new building in the west of traffic police

center attachment building, only use as the Mudanjiang

City Transport Security Education Base. This building

includes transportation security exhibition, tele-

education center, education print facility,etc

original place, not

involve land

acquisition or

demolition, no

temporary land

occupation

impact, no

livelihood

problem impact

Mudanjiang

traffic police

detachment

Bus drivers

training center

N/A 1.Resting service center: planning occupy 420m2，three

floors on the land，area of structure 1260m2，including

student rest hall, supermarket, canteen, coach resting

room, office.

2. Site reconstruction: because the current bus training

place is abandon road, which need to br repaired. The

actual road area is 18900m2>

3. Vehicles and analog equipment: propose to purchase

them.

4.accessary equipment: include one gas station staff

vanish

Use abandon

road Not involve

land acquisition,

demolition, no

temporary land

occupation, no

livelihood

influence

Include

resettlement

Action Plan and

policy framework

for the possible

resettlement

impact

~ 8 ~


Name of subprojects

Construction

Units



subprojects




problem

Intellectual

transport

system

Mudanjiang

traffic police

detachment

Intellectual

transport

system

It will expend and deep integrate on the base of

Mudanjiang City Intelligent Transportation System, build

"one data center, three business platforms and 11

business system", covers transportation comprehensive

monitoring, signal control, illegal automatic recording,

intelligent transportation scheduling, dispatching

emergency transportation, public transportation

information services and so on.

Not involve land

acquisition,

demolition, no

temporary land

occupation, no

livelihood

influence problem

N/A

Institution

capacity

building

subproject

1）establish Mudanjiang City governmental framework of

sustainable transport system;2）objectives and promote

mechanism of capacity building and project

management;3）investigation in developed countries in

terms of transportation system;5）related issue research

and technological advisory service

Not involve land

acquisition,

demolition, no

temporary land

occupation, no

livelihood

influence problem

N/A

General impact

of the project

The project will permanently occupy additional 7.74ha (116.1mu) land, of which 4.69ha (70.35mu) is state-owned land, will be free allocated to this project

with no compensation; the other 3.05ha (45.75mu) is rural collective land, will be acquisitioned with compensation. There are 26 households, 102 people

are affected, all induced by rural land acquisition.

~ 9 ~


1.2.2 Benefited areas and affected areasThe project is located in Mudanjiang City, Heilongjiang Province.

Figure 1-1 Mudanjiang City Location Map and Administrative Map

The entire city of Mudanjiang will be benefit from the project, especially

Mudanjiang urban residents.

The project will collect 3.05 ha (45.75mu) rural collective land

permanently, the land which the project intends to collect affects 3

administrative villages of 2 Mudanjiang City District 2 Town, namely Aimin

~ 10 ~


area San Daoguan Town Village, Yin Long Village and Yang Ming District Hua

Lin Town Hua Lin Village.

Figure 1-2 The Map of Planned New Site and Affected Area

The project will occupy 4.69ha (70.35 acres) state-owned land, of which:

Jiangnan transit hub construction land is state-owned land and it is accounted

for Mudanjiang Economic Development cum national recycling economy pilot

park (hereinafter referred to as Zone), it is state reserve land (formerly the

land was Dongan District Xinglong Town Niehe village land, and it was

collected in 2006), total 4.29ha (64.35 acres), and the State-owned land use

was free allocated; Fujianag Road bus terminal construction land is state-

owned land, and the land was collected by the second period East Fourth

Cross River bridge project in 2011 (formerly the land was Yangming area

Xinxing street Dongjiang Village land), total 0.4ha (6 acres), and the State-

owned land use was free allocated.

1.2.3 The Project’s Social and Economic Significance1.2.3.1 The Project’s Social ImpactThe project will give priority to the development of city public traffic;

~ 11 ~


improve the public transport capacity and punctuality rate; enhance the

attractiveness greatly, the ability and level of service of public transport; build

“environmentally protection, energy-saving, low-carbon” green transport

environment; ease traffic congestion and promote green low carbon travel; it

will solve the prominent contradictions between the rapid growth of urban

transportation and the resources of land and transportation by the numbers;

improve the effectiveness and efficiency of transport systems; and promote

the linkage of road safety system in order to make full use of the resources

and industrial advantages in Mudanjiang City; undertake international

industrial transfer and factors of restructuring; accelerate the adjustment of

economic structure to provide integrated transport support; and in order to

boost the tourism industry in Mudanjiang City, create a good traffic condition

for “ice and snow tourism, green tourism, the Northeast Asian style tourism”,

and enhance the image of city of Mudanjiang City and its soft power

vigorously. In which:

The complete of the Integrated Public Transport Corridor Project could

increase the prevailing conditions of original bus transport to large degree,

improve the bus operating speed, and bring huge time savings to passengers.

At the same time, the improvement of bus service will attract more people

choose public transport to travel, accordingly, travel by private car will be

reduced effectively, the pressure of future road network in Mudanjiang City will

be reduced, service levels for roads and junctions will be increased, the total

vehicle kilometers and car hours on the road network will be reduced

significantly, then vehicle transportation cost saving and time saving benefits,

as well as benefit of the reduced bus operating vehicles will be gained.

Besides, the bus corridor integration project will improve transport condition

greatly, then reduce the traffic accidents, bring convenience to the residents

along for travelling and have certain social benefit.

From the perspective of transportation, energy and environment,

municipal Transport infrastructure project implementation will reform the main

traffic network in the old city of Mudanjiang City and bring in more new energy

vehicles. Its operation will improve the traffic planning and management

greatly in Mudanjiang city. All these actions have positive and obvious effects

on improving problems such as transport chaos existed for a long time in

~ 12 ~


urban transport operation, high traffic energy costs and serious environmental

pollution.

The operation of Urban Intelligent Public Transport System Project under

extremely cold environment has positive effects on reducing or eliminating

inducing factors of traffic accidents such as not to give way in accordance with

the regulations, speeding, drinking and driving, in violation of the traffic signs

marking, in violation of the traffic signal, illegal lane change, illegal operation,

illegal overtaking, illegal turn around, passing each other illegal, illegal parking

and so on.

Institutional capacity building is good to increase Mudanjiang city

planning and policy formulation, coordinate and plane finance department for

urban transport development and transport strategies implement, to provide

assurance on the organization helpful.

In addition, thanks to the concept of inclusive development, the project is

very concerned about the elderly, the disabled, women and other vulnerable

groups ,the project will make improvements to their travel conditions and

improve their quality of life, but also will help them to improve production and

living conditions as well as the development of the concept.

1.2.3.2 The Project’s Economic ImpactMacro speaking, implementation of the project makes for expanding the

urban construction and development of the space, enhancing regional

competitiveness, and laying a foundation for the sustainable development of

urban conditions; helps to improve the comprehensive competitiveness of the

city; promotes the overall urban image, and creates necessary conditions for

the investment promotion and capital introduction and rapid development of

the city. Micro speaking, the industrial base formatted in the history is the start

point of the new industry layout. With the implementation of the project,

obstruction of the road network and accessibility of the land could be

improved, the inefficient path dependence has been broken, system

innovation will be carried out, new efficient path dependence will be created,

then we can form a new spatial pattern of industrial development. Moreover,

the implementation of the project could improve the rate of population flow,

promote consumption optimize economic growth pattern and translate the city

~ 13 ~


traffic construction to a fast intelligent and economical development model, so

that the value of the land will increase.

1.3 Measures of Avoiding or Minimizing LA and Resettlement To reduce the project's impact on the LA and resettlement, the project

adopted a multi-program optimization design, optimize the construction

program and adjust the project’s construction site and try the maximum

possible to avoid or reduce the effects of regional economic and social

development and people's life causing by the project’s land collection.

In the feasibility study stage, the design departments and local

governments discussed in detail with the experts, under the premise of

without compromising technical standards, the project follow the following

principles, in order to reduce the impact of immigration:

a) The design departments should optimize the design, and minimize or

avoid collecting land

b) To avoid the cultural landscape (including temples and other religious

activities) and key cultural relics protection units.

c) To avoid or minimize the occupation of existing and planned residential

areas.

d) To avoid or minimize the occupation of environmentally sensitive areas

e) The choice of resettlement areas should meet local development

planning

In fact, at the feasibility study stage, the various subprojects have raised

more than two-building programs, in accordance with the above requirements,

through the project engineering, environmental protection and resettlement

comprehensive feasibility analysis, have chosen the optimal solution.

As five transit corridors and a slow part of a corridor in the integration of

public transport corridor project for example, the construction of the main

content is to broad the original transit line and update facilities, at the same

time, the project will not change the original road grade, and also will maintain

the original design of road speed, so this part of the project does not require

new land, new area mainly come from the original isolation belt, adjusted bike

lanes and open space along the street, and the new land (road optimization,

widening, Guanghua Pedestrian bridges, greening projects, traffic lights, traffic

isolation facilities, parking lots, etc.) are all urban transportation construction

~ 14 ~


land or state-owned open space, does not involve new land; For the station

part, through optimization, the number of the first and last stop of the project

reduce from 17 down to 3, and in a reduction of land 123,000m2(184.5acres);

The project also canceled a footbridge across the river, reducing 10,000m2 (15

acres)land.

~ 15 ~


2 Project Impacts2.1 The Definition of Project Impact

In WB-funded project, the borrower shall take all necessary measures to

mitigate the adverse social impact of the project, including the negative impact

of land occupation. In the WB Policy Manual OP4.12, necessary guiding of

policy objectives and principles for land occupation, resettlement and other

related impacts generated by the project, are provided in the provisions on

involuntary resettlement.

All reasonable measures shall be taken to avoid or minimize the

occupation of land, and reduce all the negative effects associated with land

occupation and resettlement. If the land occupation and the corresponding

impacts are inevitable, the resettlement action plan is intended to enable all

affected populations (see below for the definition of immigration) can be

acquire property and other compensation by the replacement cost (see below

for the definition of replacement cost), and provide them with ample

opportunity to improve or at least restore their income and living standards,

through the appropriate assistance and rehabilitation measures.

The scope of physical investigation for the project’s impact is delimited

according to the actual cover the scope that design institution delimited, that

is, the scope where land occupation or occupation is needed for the

construction of the Harbin Intelligent Public Transportation System

Construction Project under Extremely Cold Weather Loaned by WB, whose

main construction content include bus priority corridor construction project,

public transport infrastructure construction project, traffic management and

safety of construction project, road maintenance and construction project and

emergency response agencies capacity-building project. Since the project is

still in the process of optimizing the design during the resettlement physical

survey, engineering institution may also optimize the design of the line, and

the data of land occupation and demolition may be adjusted. Project will

ultimately affect the actual data as the basis for the resettlement work.

Meanwhile, the effects of any significant change in the project will also be

implemented prior to the WB report, and explain the reasons for affecting

change. If the number the affected increased, the resettlement plan

resettlement policy would also apply to the increased affected populations an

~ 16 ~


villages. Project Impact is defined as follows:

“APs” refers to those because of the above activities, whose (1) standard

of living is to be affected adversely; (2) or ownership, power or interest of any

houses, land (including the homestead, agricultural and rangeland), or any

other movable or immovable property is to be temporarily expropriated or

permanently occupied; (3) or other productive capitals is to be temporarily or

lastingly effected; (4) or operation, occupation, working or living place, or habit

is to be affected adversely; and all people need to be relocated in the

definition of “APs”.

“Land occupation” refers to a person who involuntarily lost the ownership;

use right or close opportunity of his land, because of the implementation of

the project. Land occupation can lead to a series of related effects, including

loss of houses or other fixed assets (fences, wells, graves or other fringe

buildings or ameliorating facilities).

“Permanent land” means an area of various types of land located within

the project, which need to be permanently occupied;

“Temporary land” refers to an area of various types of land, which need to

be occupied temporarily during the construction, and would be restored after

the construction;

“Buildings of demolition” refers to all the residential and non-residential

buildings within the area of the project, buildings are divided into brick and

concrete structure, brick and wood structure, civil engineering structure,

simple structure, and so on.

“Affected ground attachments” refers to the ground attachments within

the scope of the project, which mainly are flowers, trees, cables, poles, etc.;

“Affected HH” refers to the families or units whose land, buildings, or

ground attachments are within the project area, or within the scope of a direct

impact;

“Affected village” refers to the villages, whose land, buildings, or ground

attachments are within the project area, as well as affected by the

resettlement;

“Affected population” refers to the families and populations affected by

resettlement of the project;

“Vulnerable groups” refers to those social groups, who become

vulnerable, lack of adaptability to changes, and are disadvantaged in society, ~ 17 ~


due to capacity of social participation, social security system, disability,

poverty, etc. Vulnerable groups in urban areas are mainly including children,

the elderly, the seriously-ill, the disabled, women, low HHs and so on, low

HHs are low-income population groups, it may cover several types of

population above, but it may also cover the unemployed, the poor, laid-off

workers, disaster supplicants, etc.; vulnerable groups in rural areas are mainly

including children, the elderly, the seriously-ill, the disabled, women, five

guarantees, etc., five guarantees are including the old men with no labor, no

source, no legal obligor to support, or legal obligors with no supporting ability,

the disabled and minors.

“Replacement cost” is defined as follows: For agricultural land, the market

price of the nearby land with equal productive potential or use to the affected

land, before the project or before the resettlement, the higher one of which,

added with standard LA and all the registering and transferring taxes

constitute the replacement cost. For land within the city, it is the market price

of the land with equal size and use, with similar or improved infrastructure and

services, and located nearby the affected land before resettlement, coupled

with all the registering and transferring taxes. For housing and other buildings,

it refers to the market cost of the materials needed to build a replacement

whose geographical and quality is similar or better than the affected one, or to

repair some affected buildings, added with the cost of shipping materials to

the construction site, labor costs, contractor costs and registering and

transferring taxes. In the process of determining the replacement cost,

property depreciation and residual value of the material will not be considered,

nor do the value of project benefits reduce from the evaluated value of the

affected property. If law in the specific country does not meet the standard

compensation at full replacement cost, there shall other measures to

complement the compensation provided by national law, so as to achieve the

replacement cost standards. Such supplementary aid is different from the

resettlement measures provided under “Other” items of paragraph 6 from

WB’s Operational Policy OP4.12.

“Placement” refers to the process of providing the affected personnel with

adequate opportunities to restore productivity, incomes and living standards.

Property compensation is usually not sufficient to achieve full recovery.

“Deadline” is a cut-off date, before which, the ownership or use rights of ~ 18 ~


the affected population are eligible for compensation or other assistance.

Deadline is usually set consistent with the affected population census date or

publicity date of concrete civil works, which cause the demolition. People who

enter the project area after the deadline are not eligible for compensation or

other assistance.

WB Operational Policy OP4.12 has set the main guiding principles for

resettlement planning and implementation, some principles of which related to

this resettlement policy framework are as follows:

(1) In any case, when designing a project or a resettlement plan, it should

be considered to improve the opportunity for migrants to develop, and to

make migrants fully benefit from the project activities, services and the

construction process of associated facilities.

(2) All migrants are entitled to get compensation by the loss of property,

or equivalent forms of aid instead of compensation; People who are lack of

legal rights for the lost property, would not be excluded from the personnel

having right to compensation.

(3) The compensation rate in the resettlement plan is set for all the

collective and individual suffering from property losses, and it is never allowed

to discount for or reduce compensation because of depreciation or other

reasons.

(4) When acquire arable land, land-based resettlement through land

redistributing, should be given a total priority to. If arable income accounted

for only a small portion of migrants’ income, as long as landless migrants

prefer, you can take the cash compensation or provide them with

employment.

(5) The replacing housing or homestead, or commercial premises, or

agricultural sites of LA, should at least have a equal value as the lost.

(6) Shorten the transition period as far as possible, some related

compensation should be paid before the residents affected, so that they can

build new housings, moving or replace fixed assets; before the actual

placement, some measures to mitigate effects of the relocation should be

taken. Give migrants who was unable to obtain replacing housings some

necessary support for the transitional period, until they get the replacing

housings.

(7) While developing a resettlement planning, consult the APs, take their ~ 19 ~


requests and suggestions. Resettlement plan should be announced in the

way easy for APs to understand.

(8)Maintain or provide better community services and resources after

placement .

(9) The borrower is responsible for all costs associated with LA and

resettlement, and fully meet the financial and material needs in the

resettlement and rehabilitation process.

(10) Resettlement plan should include appropriate institutional

arrangements to ensure effective and timely design, planning and

implementation of resettlement and rehabilitation measures.

(11) Arrange for effective internal and external monitoring mechanisms for

the implementation of resettlement measures.

(12) Develop necessary immigration grievance procedures, and provide

them to APs.

2.2 Impact Categories According to the initial impact identification, the main impacts category of

this project include:

(1) Rural collective land expropriation

(2) Free transfer of state-owned land

(3) Impact of losing of ground attachments and infrastructure

2.3 Survey Methodology and Process(1) The process of investigation and preparation

In July 2013, according to an updated version of the feasibility study,

team of the RAP’s establishment surveyed of the socio-economic status of the

affected area, and sought for agreement of local government and the views of

some of the affected villagers. Also sort and statistics the impacted areas

about the socio-economic development and LA and resettlement, including

the impact on the population, land, ground attachments and physical quantity

affected by LA, and the sample survey about the affected region's social and

economic development level involving 2 zone 2 town (street) three affected

villages, and affected 26 HH, 102 persons. According to the above survey

data and information analysis and processing, also basing on the national

accordance and WB resettlement policy, finished the "alpine city of

Mudanjiang City Intelligent Transportation Project Resettlement Action Plan."

~ 20 ~


(2) The source of materials and survey methods

Because the time of this survey is short and the coverage range is wide,

the materials and data are mainly from the second hand, such as consulting

reports and related documents from relevant functional bureaus. Other

complemented methods are to hold formal discussion and to observe directly

in order to affirm above-mentioned materials and data.

Survey on LA: when the area of LA is defined by the feasibility study

report, the survey team investigates the current situation, owner of the land

use right, land type and area of the acquired land.

Survey on affected persons: sample survey on nationality, age,

education, and employment.

Survey on housing and auxiliary facilities: the project will involve a little

temporary building. The survey is carried out one HH by one HH. The data are

kept in file according to right, structure of the housing and the auxiliary

facilities are also kept in file.

Survey on ground attachments: the scattered trees and other

attachments within the LA area are counted, and the data are kept in file

according to different kinds.

2.4 Social Survey resultsProject will add 7.74ha (116.1 acres) permanent covers, which intends to

permanently 3.05ha (45.75 acres) rural collective land; represent 4.69ha

(70.35 acres) state-owned land.

The project does not involve demolition.

The land which the project intends to collect affects 3 administrative

villages of 2 Mudanjiang City District 2 Town, namely Aimin area San

Daoguan Town Village, Yin Long Village and Yang Ming District Hua Lin Town

Hua Lin Village; the state-owned land which the project will collect belongs to

the Development Area’s state-owned reserve land and some of it was already

collected by the second period East Fourth Cross River bridge project, the

land is free of charge.

A total of 26 HH 102 persons were affected, all caused by the rural land

collective, which affected a vulnerable from Hua Lin village (a person, the

elderly).

There are no minorities in the project area, all affected per capita for the

~ 21 ~


han nationality.

2.4.1 The Collection of Rural Collective Land The project will collect permanent collective land 3.05ha (45.75 acres), all

of it is dry land (the land is non-basic farmland). Involved in 3 administrative

villages of 2 Mudanjiang City District 2 Town, namely Aimin area San

Daoguan Town Village, Yin Long Village and Yang Ming District Hua Lin Town

Hua Lin Village. Details are shown in Table 2-1.

Table 2-1 Project Permanent Collective Land Case

Name of subproje

ct

Name of

individual

projects

Area Town Village

Quantity of

Village cultivat

ed land (mu,

before the land was

collected)

The rate of

collect

land

Plans to collect

Dry land

ha mu

Construction of

bus terminal

BaDa bus

terminal

AiMin SanDaoguan

YinLong 410 1.57

%0.43

6.45

HuaLin bus

terminal

YangMming HuaLin HuaLi

n 5700 0.40%

1.51

22.65

Subtotal 　 1.94

29.1

Construction of factory

warranty

DaQing

street factory warran

ty

AiMin SanDaoguan BeiAn 631 2.64

%1.11

16.65

Subtotal 　　 1.11

16.65

Total 　 0.68%　 3.0

545.75

2.4.2 The Allocation of State-owned LandThe project will occupy 4.69ha (70.35 acres) state-owned land, of which:

Jiangnan transit hub construction land is state-owned land and it is accounted

for Mudanjiang Economic Development cum national recycling economy pilot

~ 22 ~


park (hereinafter referred to as Zone), it is state reserve land (formerly the

land was Dongan District Xinglong Town Niehe village land, and it was

collected in 2006), total 4.29ha (64.35 acres), and State-owned land use was

free allocated; Fujianag Road bus terminal construction land is state-owned

land, and the land was collected by the second period East Fourth Cross

River bridge project in 2011 (formerly the land was Yangming area Xinxing

street Dongjiang Village land), total 0.4ha (6 acres), and State-owned land

use was free allocated. Niehe Village LA due diligence report is shown in

Annex 1. Jiangdong Village LA due diligence report is shown in Annex 2.

2.4.3 The Impact of Temporary LandThe project does not involve temporary land occupation.

2.4.4 Building DemolitionThe project does not involve the demolition of buildings.

2.4.5 Affected PopulationThis project affect the population of 26 families, 102 people, and all is the

han nationality, which is raised by collecting land; This project does not

involve the use of housing demolition. Project affect population see table 2-1.

Table 2-1 The Situation of Permanent Collective Land

Name of

subproject

Name of individual projects

Area Town Village

The number of AHs（family）The number of

affected persons（person）

Total

Of which: vulnerable

families

Total

Of which:

the numbe

r of female

The number of

vulnerabl

e famili

es (fami

ly)

The number of

vulnerabl

e peop

le (person)

The type of

vulnerabl

e

Construction of bus

terminal

BaDa

bus terminal

AiMinSanDaogua

n

YinLong

3 0 0 N/A

HuaLin bus term

YangMmin

g

HuaLin

HuaLin

18

1 1 Old people，weak

~ 23 ~


inal people

Subtotal 21 1 1 N/A

Construction of

factory

warranty

DaQing street

factory warranty

AiMinSanDaogua

n

BeiAn 5 0 0 N/A

Subtotal 5 0 0 N/A

Total 26 1 1 N/A 102

2.4.6 Vulnerable GroupsIn the 26 AHs, there is one family (Hua Lin town Hua Lin village, 3.8% of

the total affected HHs) received the government minimum living guarantee.

This vulnerable family is the elderly and low-income family. The project will

provide vulnerable HH extra help.

2.4.7 Project's Impact on WomenIn the investigation of the affected population, the number of women of 50

people, accounting for 49.02% of the total. In the land acquisition farmers

found no widowed, divorced, abandoned, and other causes of labor-based

single women households. The project impact analysis of women can be

found in the 4 rule 3.4.3 and Annex 4.

2.4.8 Affected Ground AttachmentsAffected ground attachments including 13 concrete poles, 8 wooden

poles, 35 sporadic seedlings.

The project does not involve other infrastructure.

~ 24 ~


The Pre-expropriation Land Site of HuaLin Bus Terminal

The pre-expropriation Land Site of BaDa Bus Terminal

The Pre-expropriation Land Site of Daqing Road Factory Warranty

~ 25 ~


3 The Social and Economic Characteristics and

Impact Assessment

3.1 Social and Economic Backgrounds in Mudanjiang CityAs one of the largest tributary of the Songhua River, Mudanjiang is

famous for crossing the city. Mudanjiang city, located in the southeast of

Heilongjiang province and in the hinterland of China, Russia and North Korea

at the border, is an important regional central city in eastern part of northeast

China. Mudanjiang city, which covers 40,600 square kilometers, including the

urban area of 2,456 square kilometers, is located in east longitude 128 ° 03 '~

131 ° 18', north latitude 43 ° 24 '~ 45 ° 59'. In addition, Mudanjiang city,

located in the beautiful scenery of the north of Changbai Mountain, borders

Harbin city in the west, Russian Far East in the east and Yanbian Autonomous

Prefecture in Jilin Province in the south. What’s more, Mudanjiang River runs

through the whole territory from the south to the north.

In 2011, Mudanjiang's GDP of the city area is CNY 92 billion, increase of

15.3% over 2010;The full caliber financial income of the city2 area completed

17.2 billion CNY, and the investment in fixed assets reached CNY 56.51

billion, increase of 36.5% over 2010; Social total retail sales of consumer

goods reached CNY 31.31 billion, and its increase ranks first in Heilongjiang

province; The total import and export volume is expected to achieve $10.6

billion in total, and keeps the first place in Heilongjiang Province; Industrial

added value of above-scale enterprises reached CNY 16.45 billion, up 29% ,

the increase of which ranks second in Heilongjiang Province; Per capita

disposable income of urban residents is expected to achieve CNY 14,500 , an

increase of more than 13% ; rural per capita net income reached CNY

2 Full-caliber financial income includes income of four taxes to the central, the local general budget

revenue, the government fund budget revenues, income from social security funds, the customs tariff

income, personal savings interest tax, VAT export rebate, petrochemical corporate income tax, vehicle

purchase tax, etc.

~ 26 ~


11,198 , which has realized the" nine consecutive years ." in Heilongjiang

Province.

3.2 The Affected Area, The Villages and Towns Social and Economic Conditions

3.2.1 Sandaoguan Town, Aimin District3.2.1.1 Aimin District

Aimin District with a township, seven offices of the streets, 12

administrative villages, and 39 community residents' committees, is located in

the northern city of Mudanjiang, and cover an area of 389 square kilometers,

of including urban area of 29 square kilometers. There are a population of

281,000 people, including 248,000 people in the urban population, and

agriculture and foreign population of 33,000 people.

In 20103, the added value of the district area is exceeded 1.46 CNY

billion, which is an increase of 22%. Full caliber financial income broke

through CNY 300 million and achieved CNY 324 million which is an increase

of 30%; General budget revenue reached CNY 184 million, which is an

increase of 29.6%; The investment in fixed assets, as a leader in four urban

districts, finished CNY 1.56 billion, which is an increase of 50.6% .

In 2010, the number of above-scale enterprises reached 23 HHs and the

added value achieved CNY 220 million, which is an increase of 22%. The

high-tech industry output value reached CNY 120 million, which is an increase

of 34%. The region's industrial enterprises reached 1,050 HHs, accounting for

44% of the total number of enterprises in the region.

In 2010, the per capita net income of rural residents reached CNY 8,739,

which is an increase of 20.6%. The total income of the rural economy reached

CNY 700 million, which is an increase of 15.8%.

In 2010, the number of identified urban and rural low income families

reached 2,819 HHs, and the number of relieved marginal HHs of basic

3 Aimin district social economic data in 2010 is from the speech of Wang Xiaobing in the sixth session of

thirteenth Aimin District People's Congress in Mudanjiang city in March 17, 2011.

~ 27 ~


insurance and offering love and warmth for marginal workers of basic

insurance reached 4,012 HHs; “Home of offering five kinds of service in

Sandaoguan” has been completed and used; 80 low rent houses have been

rented to eligible families; CNY 68,300 in funding were provided for 364 poor

students; Social assistance compliance rate reached 100% and the city

entrepreneurial base construction is being promoted in labor employment;

Social security subsidies of re-employment people, which is amount of CNY

20.68 million, were audited and issued to1,3157 people through 7 bathes;

New entrants to the urban labor force reached 14,342 people, and the

registered urban unemployment rate was controlled within 3.9%; 107 new

public service jobs were provided, 4,050 personnel were properly placed, and

the dynamic record of family without employment was reset; Labor and social

security compliance rate reached 100%.

3.2.1.2 Sandaoguan Town

Sandaoguan Town, originally named Bei'an township, is approved by the

the department of civil affairs of Heilongjiang province on June 26, 2012, to

use new name, Sandaoguan Town, in place of original name, Bei'an

Township. The administrative areas of newly established town are based on

original administrative areas, and the original subordinate relations and

government headquarters are remained.

Sandaoguan Town, which is a total area of 348 square kilometers, is

located in the northern suburbs of Mudanjiang city, and has jurisdiction over

12 administrative villages, including five urban-villages, six suburban villages,

and one outer suburbs village. There are 8,815 HHs and a total population of

32,349 people. The whole township has arable land of 1,940.3 hectares and

forestland of 1,969 hectares, and the forest coverage rate reached 76%. After

large-scale urban construction, Sandaoguan Town has long been integrated

into the downtown area. Five villages in the process of large-scale

shantytowns transformation, has been surrounded by urban area. Villagers'

~ 28 ~


life style and living environment have achieved urbanization, except their rural

registered permanent residence.

3.2.2 Hualin Town, Yangming DistrictYangming District, which was established in 1970, has a total area of 373

square kilometers, including urban area of 25 square kilometers, accounting

for 34% of the total area of the city. Yangming is located in the beautiful

scenery of the eastern Mudanjiang, and it is the strong agricultural and

industrial zone in Mudanjiang city area. The administrative area has 1.345

square kilometers, including built-up area of 12 square kilometers, and arable

land of 30,000 hectares. Yangming District has jurisdiction over four towns,

which are Tieling, Hualin, Wulin and Modao, and two street offices, which are

Qianjin and Yangming. The region's total population reaches 253,000 people,

including agricultural population of 137,000 people. Yangming is the only open

area in Mudangjiang with the three major functions, which are urban, rural and

border function.

In 2011, GDP of Yangming District realized CNY 5.12 billion, which is an

increase of 16.4%. The fiscal revenue reached CNY 0.54099 billion, which is

an increase of 35.2%.

In 2011, agricultural production overcame drought, and the yield reached

0.112 billion kilograms. The total income of the rural economy achieved CNY

2.34 billion, which is an increase of 15.4%. The per capita net income of

farmers reached CNY 9,605, which is an increase of 14.5%.

3.3 Economic and Social Situations of Villages Affected by Levy Land and Remove of the Project

This project aims to permanent collection of 3.05 hectares rural collective

land. The areas affected by the project are mainly concentrated in 3

administrative villages of 2 towns (streets) of 2 districts, which are respectively

Beian village and Yinlong village, Sandaoguan Town,Aimin District and Hualin

village , Hualin Town ,Yangming District.

~ 29 ~


According to the survey, the basic condition of society and economy of

villages affected by the project is shown in table 3-1. Effect of land

expropriation to villages is shown in table 3-2.

Table 3-1-1 The Basic Condition of Villages Affected by Project

Affected towns

Affected

villages

The numbe

r of HHs

The total populatio

n

Arablearea

（ha

）

Per capita arable

land（ha）

Annual per

capita net

income

(CNY / person

)

Including: the

proportion of

agricultural net

income（%）

Sandaoguan

Yinlong

903 2342 27.33 0.012 12724 1.24%

Bei'an 865 1990 42.07 0.021 15794 1.81%

Hualin Hualin 645 2073 380 0.183 12431 19.91%

Data sources: the social and economic survey.

~ 30 ~


Table 3- 2-2 Effect of Land Expropriation to Villages

Affected

villages

The total number

ofHHs

The total number

of people

Arable land area before the

land expropriati

on（ha）

Per capita arable

land（ha/

HH）

The arable land area of

land expropriatio

n（ha）

The effect rate of land

expropriati

on（%）

The number

of affected

HHs

The numbe

r of affecte

d person

s

The average areas of

land expropriation per HH

(ha)

The effect rate of arable land

expropriation per

HH（%）Hualin 645 2073 380.00 0.59 0.10 0.03% 18 -69　 0.005 0.95%

Yinlong

903 2342 27.33 0.03 0.03 0.10% 3 13 0.009 31.85%

Bei'an 865 1,990 42.07 0.05 0.07 0.18% 5 -20 0.015 30.41%

Total 2,413 6405 449.40 0.67 0.20 0.05% 26 -102　 0.029 3.51%

Data sources: the social and economic survey and investigation of the real object index.

~ 31 ~


As can be seen from Table 3-1, for the Yinlong village and Bei'an village,

because the land had been repeatedly expropriated, the village surplus land

has been very little. However, it is close to urban areas, so that employment

opportunity is very large, and wage income has become their main income

source, which is about 2000 CNY a month. In two villages, the mage income

of non-agricultural income accounted for more than 98% of its total annual net

income.

As can be seen from Table 3-1, for 26 families affected by the arable land

expropriation, the village land expropriation effect rate does not exceed 0.2%.

For the land expropriation loss rate per HH, the loss rate of 0.95% of Hualin

village is the smallest among affected villages, while the loss rate of more

than 30% of Yinlong village and Bei'an village is relatively high.

Among the farmers who are loss of arable land, the main planting

structure is soybeans, corn and vegetables. In mudanjiang area generally is

one year one season, the average annual output value of about soybeans at

1,500 CNY / mu, the average annual output value of corn around 900 CNY /

mu, therefore, the average annual output value per mu of arable land is about

1,200 CNY. Meanwhile, according to the survey, Mudanjiang area to grow

food crops production costs about 300 CNY per mu, therefore, the project

area farmers mainly grow crops situation, the actual arable land per acre net

income of 900 CNY. See table 3-3.

Figure 3－3 Mudanjiang area crop yield and annual income statement

Specie

sYield(Kg)

Three years

average

eprice

(CNY/kg)

Output

(CNY)

Cost (CNY)

(excluding

labor cost)

Land

income

(CNY)

soybea

n300 5.0

150

0300 1200

corn 600 1.6 960 300 660

Source: social, economic and physical impact survey

Comparison Table 3-1, Table 3-2 with Table 3-3 can be seen, although

the arable land loss rate per HH of Yinlong village ang Bei'an village is larger,

because agricultural income for local farmers is a very small proportion which

~ 32 ~


is less than 2% of total revenue, therefore, the effect rate to local farmers’ total

income, which is not more than 1%, is very small.

3.4 Socio-economic Sample Survey of Affected RegionsIn order to verify the project basic information and the number of AHs,

and make resettlement policy established on the basis of detailed and

accurate data, the project implementing agencies and staffs of making

resettlement action plan carried out the sample survey of socio-economic

status of AHs. In order to ensure the objectivity and validity of data, the survey

sample was a random sample of 10 HHs.

3.4.1 Demographic InformationFor the socio-economic sample survey of AHs, we interviewed a total of

10 families, involving 31 persons, and the family average population has 3

people. The sampling basic information is shown in table 3-4.

Table 3-4 The Sampling Basic Information

Affected regions

Affected

villages

The total

number ofHHs

The total

number of

people

The number

of surveye

d families

The total

number of AHs

Sampling rate (%)

Sandaoguan

Yinlong 903 2342 1 3 33.3%Bei'an 865 1990 2 5 40.0%

Hualin Hualin 645 2073 7 18 38.9%Total -- 2413 6405 10 26 38.5Data sources: the socio- economic survey.

The basic information of 10 surveyed families is as follows: According to the data, among 31 people of 10 surveyed HHs, there are

14 men and 17 women; the ratio of male to female is 1:1. 21. There are two

minors under 18 years old, accounting for 6.5% of the total population; 7 old

people above 60 years old, accounting for 22.5% of the total population; 22

young adults, accounting for 71.0% of the total population. According to the

survey, the population that the majority is between 18 and 60 years old shows

a normal distribution roughly. According to the definition of the labor force,

people in 18-60 years old are regarded as the main body of labor force,

therefore, the labor force accounts for 71.0% of the total sample population in

~ 33 ~


this survey. The basic conditions are shown in table 3-4 and figure 3-1.

Table 3-4 Age Structure of Surveyed Population in Survey

Age range

Male Female TotalThe

number of people

%The

number of people

%The

number of people

%

≤6 years old 0 0% 0 0% 0 0%7-18 years

old 1 3.2% 1 3.2% 2 6.5%18-60 years

old 10 32.3% 1238.7% 22

71.0%

≥61 years old 3 9.7% 4

12.9% 7

22.5%

Total14 45.2% 17

54.8% 31

100.0%

Data sources: the socio- economic survey.

Figure 3-1 Age Structure of Surveyed Population in Survey

According to table 3-5, there are 9 people with grade school culture

degree, accounting for 29.0% of the total population; 14 people with the junior

middle school culture degree, accounting for 45.2% of the total population; 8

people above senior high school degree, accounting for 25.8% of the total

population; 7 illiteracies or people without enrollment, accounting for 17.5% of

the total population. Among people above high school, the proportion of men

~ 34 ~


is slightly higher than women’s; it reflects the right to education for women is

relatively weak in project area.

Table 3-3-3 Cultural and Educational Statistics of Surveyed HHs

Style

Male Female Total

The number of surveyed people

%

The number

of surveyed people

%

The number

of surveyed people

%

Semi-literacy and illiteracy 0 0% 0 0% 0 0%

Grade school culture 1 3.2% 8 25.8

% 9 29.0%

Middle school culture 8 25.8% 6 19.4

% 14 45.2%

Above senior high school

culture5 16.1% 3 9.7% 8 25.8

%

Total 14 45.1% 17 54.9% 31 100.

0%Data sources: the socio- economic survey.

Figure 3-2 Cultural and Educational Statistics of Surveyed HHs

3.4.2 The Socio-economic Status of Sampling FamiliesThe socio-economic status of sampling families is shown in table 3-6.

~ 35 ~


Table 3-2-4 The Average Annual Income Statement of The Main

Crops of Surveyed Families in 3 Years

Style Yield（kg）

The average

price of the previous 3 years（CN

Y/kg）

Output（CNY/ha）

Cost（CNY/ha）

（excluding labor costs）

Land net income（C

NY/ha）

Soybean 300 5.0 22,500 4,500 18,000

Corn 600 1.6 14,400 4,500 9,900

Greenhouse

vegetables

5,000（Harvested six times in a

year）2.5 187,500 60,000 127,500

3.4.3 Analysis of Social Gender StatusAccording to the survey, the affected women enjoy the same legal rights

with men, including the contracting farmland, accept education, family

planning, participate in the election rights, etc. Accessed women labor force,

most of them think they have the same autonomy in operation of the

production, and they can choose their own job or do small business, etc. Of

course, men and women in family life and the production of division of labor is

different, the women taking more housework, raising children work and work

in manual manufacturing factory, and there exist a large amount of women go

out for a work; Mainly engaged in the transportation or go out to work for men.

Women's educationSocio-economic survey showed that the educational status of men and

women in the project area is not very different. But the proportion of women

received junior middle school education level or above education level is

lower than men's.

Employment and productive labor of femaleSocio-economic survey showed that the employment structure of male

~ 36 ~


and female is similar in a sample of working age people in project area.

However, women's employment status is slightly worse than men's, because

women are engaged in housework and taking care of the other members, and

some women's employment skills and culture quality is lower than men's.

Gender role in laborAccording to the economic survey of AHs and interviews for some

women, agricultural production activities that husband and wife are engaged

in together and migrant workers are the main mode of HH division of labor in

the project affected area. In all the surveyed population, about 10% of the

surveyed HHs are jointly engaged in agricultural production, and about 35% of

the surveyed HHs are jointly engaged in migrant working. Fieldwork was

informed that for HHs of her working husband outside the home, all

agricultural productive labor is responsible by women; there are also a part of

families that husband will return to rural areas to be engaged in agricultural

production, together with his wife.

Participation in public affairsSocio-economic surveys and interviews for some women show that

women have a lower proportion of participation in public affairs, and the

surveyed women rarely comment on public affairs. When their husbands

were not at home, the women would go to the village meetings, otherwise, the

husband were at home, more than 70% of women believed that husbands

should attend.

After the implementation of the project, the affected residents will loss

part of the land; meanwhile, they can also obtain the corresponding

compensation and the improvement of living conditions through it. Because

women bear most of HH chores in the project areas, their labor burden and

adverse environmental impact may be reduced with improvement of living

conditions and the environment. In addition, the women with most of the

housework will have other job opportunities. Of course, we can learn from the

survey of the social impact of gender that men and women are both

concerned about the question of fair and timely compensation.

In addition, although agricultural income accounts for only 43.43% of HH

income, women undertake 61% of agricultural income. After the

implementation of the project, more employment opportunities will be provided

to make up for the labor loss, because there are more commercial activities. ~ 37 ~


According to the survey, women and men have the same concern: (a)

Compensation in accordance with the land productivity and resettlement cost

accounting; (b) According to the needs of the affected farmers, compensation

funds paid directly to the affected farmers.

About gender differences, women here are different from the needs of

men; (a)Women asks to provide both monetary compensation and the land

compensation in the according level; (b)the women asks to provide training

about planting, breeding, manual manufacturing; (c) Large most families

involved mostly male, and women also want to participate in the management

of village.

The living conditions will be improved by the resettlement of affected

people, and women with most of housework will enjoy more opportunities due

to the improvement of the living conditions.

Picture 3-1 Interview Scene Photos

~ 38 ~


4 Resettlement Law and Policy 4.1 Laws, Regulations and Policies on Resettlement

The basic purpose of Resettlement Action Plan is to ensure the

resettlement planning and implementation complies with the WB operational

policy OP4.12. Meanwhile, any LA and resettlement activities in this project

will comply with a number of laws and regulations of country, Heilongjiang

Province and Mudanjiang City, the specificies shown in Table 4-1.

Table 4-4-1 Resettlement Policy Framework

Level Policy documents Effective Time

State and central

ministries

"Property Law" 2007.10.1"Land Administration Law" 2004.8.28

"PRC Land Administration Law Implementing Regulations" (State Council Decree No. 256) 1998.12.27

"State-owned land on the housing levy and Compensation Ordinance" (State Council

Decree No. 590)2013.1.21

"State-owned land on the housing levy assessment approach" (housing [2013] No. 77) 2013.6.7

"The State Council on Deepening the Reform strict land management decisions" (Country

[2004] No. 28)2004.10.21

"On improving land compensation and resettlement, the guidance system" (MLR

[2004] No. 238)2004.11.3

"State Council on strengthening the regulation of land issues related to notice" (Country [2006]

No. 31)2006.8.31

"Resources on work to develop standards and annual output value of land Area unified

comprehensive land work notice" (National Land and Resources Bureau [2005] No. 114)

2005.7.23

"The State Council General Office of the Ministry of Labor and Social Security

employment of landless farmers do a good job training and social security work guidance

notice" (Country [2006] No. 29)

2006.4.10

"LA Announcement approach" (Ministry of Land Order No. 10) 2002.1.1

Heilongjiang Province

"Heilongjiang Land Management Regulations" 2000.1.1"Heilongjiang Provincial Urban Housing Demolition Management Regulations" 2002. 3.1

Heilongjiang Province, the implementation of "The People's Republic of China State-owned land use right transfer of urban and transfer of

the Provisional Regulations" approach, the

1993.1.1

~ 39 ~



Heilongjiang Provincial People's Government Order [1992] No. 11

"Landless farmers in Heilongjiang Province Pension Insurance Interim Measures" (BMA

black hair [2008] No. 64)2008.9.5

Heilongjiang Provincial Department of Housing and Urban-Rural Construction Department on

the issue of the "state-owned land on the housing levy and Compensation Ordinance"

relevant implementing provisions of the notice (black housing [2011] No. 11)

2011.3.30

"Heilongjiang levy Integrated Land Implementation Measures (revised version)"

(Heilongjiang provincial government [2011] No. 51)

2011.7.18

Mudanjiang Province

Mudanjiang Municipal People's Government on the land area in the city's comprehensive land

price adjustment notice2010.12.31

Mudanjiang City collective land compensation standards for ground attachments Measures 2011.10.19

Mudanjiang Mudanjiang Municipal People's Government on the issuance of state-owned

land on the urban residential housing levy removal, temporary relocation standards

(provisional) notice

2011.4.12

Word Bank

Operational Policy OP4.12 "involuntary APs" and its annexes 2002.1.1

Business Programs BP4.12 "involuntary APs" and its annexes 2002.1.1

4.2 China's laws and regulations and related policies “Property Law” key provisions:Article 42

For the purpose of satisfying the needs of public interests, it is allowed to

requisition collectively owned lands, premises owned by entities and

individuals or other realties in accordance with the statutory power limit and

procedures.

As for the requisition of collectively-owned land, it is necessary to,

according to law and in full amount, pay such fees as land compensation fees,

placement subsidies, compensations for the above-ground fixtures of the

lands and seedlings, arrange for social security fees for the farmers whose

land is requisitioned, secure their livelihood and safeguard their legitimate

~ 40 ~


rights and interests.

As for the requisition of the premises owned by entities and individuals or

other realities, it is necessary to make compensation for demolishment and

relocation according to law and safe guard the legitimate rights and interests

of the owners of the realities requisitioned as for the requisition of the

individuals residential houses, it is necessary to safe guard the housing

conditions of the owners of the houses requisitioned.

No entity or individual may embezzle, misappropriate privately share,

detain or delay in the payment of the compensation fees for requisition.

Article 43

The sate provides special protection for farmlands, strictly restricts the

conversion of farmlands into construction lands and controls the aggregate

quantity of construction lands. No one may requisition any collective-owned

land by violating the statutory power limit and procedures.

"Land management law" key provisions:Article 47

Expropriation of land, collect in accordance with the original purposes of

the land.

Land expropriation compensation costs include land compensation fees,

resettlement fees and ground attachments and young crops compensation

fees.

Compensation fee for expropriation of cultivated land, the fee is six to ten

times for expropriation land’s average annual output value of the previous

three years.

The resettlement fee, calculate with the number of agricultural population

to be resettled. The agricultural population to be resettled should be

calculated with the number of expropriated land dividing the number of the

average amount of cultivated land per capita calculation. Resettlement fee for

each of the agricultural person who will be resettled is four to six times of the

land’s three-year average annual output value before collected. However,

each hectare of LAed resettlement fee shall not exceed fifteen times of the

land’s prior three years average annual output value. Resettlement fee for

agricultural population to be resettled shall not exceed fifteen times of the

land’s prior three years average annual output value.

In accordance with the provisions of this paragraph pay land ~ 41 ~


compensation fees and resettlement fees ， if the fee is not enough for

resettled farmers to maintain their standard of living, relevant departments can

add resettlement fees when the provinces, autonomous regions and

municipalities are agree. However, the land compensation fees and

resettlement fees shall not exceed thirty times of the land’s prior three years

average annual output value.

Article 57

If construction project and geological prospecting need to temporarily use

state-owned land or land collectively owned by farmers, should be approved

by the people's governments above the county level land administration

department. Among them, when use temporary land in the urban planning

area should be obtained by the relevant administrative departments of urban

planning consent before getting office approval. Land users should be based

on land ownership sign the temporary use of the land contract with the land

administrative departments or rural collective economic organizations or

villagers' committee, and accordance with the contract to pay the temporary

use of land compensation.

Temporary land user shall use the land in accordance with the temporary

use of land contract and shall not build permanent structures. Temporary use

of land shall generally not exceed two years.

The State Council on Deepening Reform and Strict Land

Management Decisions, the key provisions：（ 12 ） Perfecting the LA compensation method. The local people's

governments at or above the county level should take effective measures, in

order to let the landless farmers’ living standard not be lower for land

expropriation, and ensure the full and timely payment in accordance with the

land compensation fees, resettlement fees and compensation for ground

attachments and green crops on the ground. Governments pay land

compensation fees and resettlement fees in accordance with the stipulations

of existing laws, cannot make the landless farmers keep original standard of

living, not enough to pay for requisition of land lead to landless farmers social

security fees, the people's governments of provinces, autonomous regions

and municipalities directly under the central government shall be approved to

increase resettlement fees. The sum total of land compensation fees and

~ 42 ~


resettlement fees at the legal limit, it is not enough to keep the landless

farmers original standard of living, the local people's governments can use the

income to be paid use of state-owned land subsidies. People's governments

of provinces, autonomous regions and municipalities directly under the central

government shall establish and promulgate unified annual output value of

various cities and counties in land expropriation standard or area of integrated

land price, land expropriation compensation do same price, at the same place

and the national key construction projects the land cost of full specified

amount must be included in the budget.

（ 13 ） Properly arrange the landless farmers. Local people's

governments at or above the county level shall formulate the specific

measures, make the long-term livelihood of landless farmers has safeguard.

For projects have a stable income, farmers can approval in accordance with

law of the land use right in the land for construction purposes. Within a

planned urban area, the local people's government shall be caused by land

expropriation of the landless farmers, incorporated into the urban employment

system, and establish the social security system; in urban planning zone,

levying land collectively owned by farmers, the local people's government to

within their respective administrative areas for the cultivation of landless

farmers have necessary land or arrange corresponding work; does not have

the basic production and living conditions of the landless farmers, should be

different resettlement. Labor and social security departments to jointly with the

relevant departments as soon as possible, proposes the establishment of

landless farmers employment training and guidance of social security system.

On Perfecting The System of LA Compensation and Resettlement of

Guidance，its notice No. (238) key rules:

（1）The process of making the unified annual output value standard.

Provincial department of land and resources to jointly with relevant

departments to formulate provincial within the lowest standard unified annual

output value of various counties (cities) of arable land, the people's

government at the provincial level for approval after execution. Unified annual

output value standards can consider the type, quality of cultivated land was

imposed, the investment of farmers on the land, prices for agricultural

products, agricultural land grade and other factors.

~ 43 ~


（ 2 ） The determination of unified annual output value ratio. Land

compensation fees and resettlement fees the unified annual output value of

multiples, should according to ensure that the original life level is not lower the

principle of landless farmers, within the scope of the law to determine;

calculated on legal unified annual output value of the ratio of land

compensation and resettlement fees, cannot make landless farmers to keep

the original life level, not enough to pay for requisition of land lead to landless

farmers social security fees, approved by the people's government at the

provincial level shall improve multiple; land compensation fees and

resettlement fees amount calculated at 30 times, it is not enough to keep the

landless farmers original standard of living, arranged by the local people's

government as a whole, from a certain proportion in the paid use of state-

owned land income subsidies. Approval in accordance with law to occupy

basic farmland, land expropriation compensation according to the local

people's government announced the highest compensation standards.

（ 3 ） The process of making the area comprehensive land value.

Conditional region, provincial department of land and resources domain can

be jointly with relevant departments to formulate province various counties

(city) area land comprehensive land price, newspaper published after the

approval of the people's government at the provincial level to carry out,

implement land expropriation compensation. Develop area comprehensive

land value should be considered in class, location of production, land,

agricultural land grade, per capita cultivated land quantity, land supply and

demand and local economic development level and the level of subsistence

allowances for urban residents and other factors.

（ 4 ） The distribution of the land compensation fees. According to the

principle of compensation for land is mainly used for landless farmers, land

compensation fees should be reasonable allocation within the rural collective

economic organizations. The people’s governments at the provincial level

shall formulate the distribution of specific measures. All land is, at the same

time, the rural collective economic organizations revoked, the organizational

system of the land compensation fees shall all be used for the landless

farmers' production and living place.

Heilongjiang Province Regional Land Measures for the

~ 44 ~


Implementation of Integrated Land Price (Revised)Title 7: According to the requisition of land area was land expropriation

compensation, 70% subsidy for resettlement landless farmers, used to hold

30% of collective land ownership of collective economic organization

arrangement of infrastructure and public facilities construction, the

establishment of village enterprises and landless farmers living allowance,

etc.

The local government according to the local town social security level,

overall consideration the resettlement of landless farmers, and solve the

landless farmers' social security problem such as employment, housing. The

local government according to the human resources social security

administrative department of the measuring line will be rural farmers

endowment insurance charge in land expropriation compensation, calculated

separately.

As mentioned in the present measures refer to the landless farmers on

the agricultural population and shall have the right of expropriation of rural

collective land contract and management rights of farmers.

Title 8: Staffing levels that land to be resettled, the number of landless

workers according to the amount of cultivated land expropriation divided by

land expropriation of land collective economic organizations determine the

number of cultivated land per capita.

Staffing levels that land to be resettled, the number of landless workers

according to the amount of cultivated land expropriation divided by land

expropriation of land collective economic organizations determine the number

of cultivated land per capita.

Title 9: Be green crops on the land or attachments, the green crops or

attachments to the ownership of the land compensation.

Green crops on the compensation standard by the people's governments

of cities (to) (area) according to the local agricultural production levels, prices

of agricultural products, and so on and so forth the development and changes

to make, submitted to the provincial government for the record.

The ground attachments shall be determined in accordance with the local

people's government of the town village relocation compensation and

resettlement housing, or by the people's governments of cities (to) (area) to

make specific provisions.~ 45 ~


The city (ground), county (city) (area) in accordance with the law of the

people's government issued land after pre announcement, busy planting, rob

planted, scrambling to green crops or attachments to no compensation on the

ground.

Title 10: Construction project construction and geological prospecting

need temporary use of land collectively owned by farmers, or of state-owned

land, lasts for 1 year, according to the regional land compensation, 10% of the

integrated land price for land use right lasts for 2 years, compensation should

be made by 20%.

Title 15: The human resources department of social security should be

based on the landless farmers' endowment insurance policy, according to the

collective economic organizations to participate in social insurance provided

by the personnel list, ginseng protect formalities in time. Gradually establish a

unified urban and rural employment service system, the employment and

reemployment preferential policies and difficult group employment aid to

landless farmers.

Title 20: Governments at all levels should actively create conditions and

free to landless farmers to provide targeted employment skills training, for the

units using the land to absorb the landless farmers to create conditions for

employment. The units using the land should be set as much as possible and

arrange a certain post, for employment for landless farmers, sign labor

contract fixed number of year for the first time should not less than three

years.

Title 21: Of landless farmers don't want to leave the original collective

economic organizations, and the land of the collective economic organizations

have motor, the villagers assembly members of more than two-thirds, or more

than two thirds, with the approval of the villagers' representatives available to

regulate, land expropriation compensation paid to the collective economic

organizations; Without motor, can and voluntarily accept the LA compensation

and resettlement of other farmers land replacement.

Heilongjiang province to implement the law of the People's Republic of China on urban state-owned land use right transfer and transfer of provisional regulations on the way

Title 48: transfer land use right transfer, lease or mortgage must advance

to the land administrations of municipal or county people's government where ~ 46 ~


the land formalities subsequently. The approval process is as follows:

（1）The land user shall hold state-owned land use right and the above-

ground buildings and other attached objects such as certificate of property title

legal documents, to the land administrations of municipal or county people's

government where a written application;

（2）Administrations of municipal or county people's government, based

on consensus through consultation with the applicant to sign contract of land

access sell one's own;

（3）The land user shall, within 30 days from the date of the signing of

the contract of land access sell one's own reserved land in city or county

people's government land management department to pay the land use right

transfer, the use of the land registration formalities;

（4）The land use right transfer, lease or mortgage the parties, the land

use right transfer of lease, mortgage contracts;

（ 5 ） The land user shall, in the transfer, lease or mortgage within 15

days from the date of the signing of the contract, respectively, to the municipal

or county people's government administrative departments of land and house

property management department to deal with the land use right and the

above-ground buildings and other attached objects to register formalities.

Title 49: Transfer land use right transfer, lease or mortgage to pay land,

be collected according to plot a certain proportion of the pricing, but shall not

be less than 30% of the land pricing. Rent allocation of land use rights, but

also to the government on a monthly or yearly pay land management

departments, specific pay measures shall be determined by the municipal or

county people's government, and submitted to the provincial land

administration for the record.

Title 50: Transfer land use right and ownership of the above-ground

buildings and other attached objects transfer, lease, mortgage, the expiration

of the land, the land use right by the land where the municipal or county

people's government gratis; The above-ground buildings and other attached

objects when the municipal or county people's government to recover, should

according to actual condition to give proper compensation.

Title 51: To transfer land use rights, the municipal or county people's

government may, according to the needs of urban development and urban

~ 47 ~


planning requirements gratis, and can according to the provisions of the

measures.

Gratis, allocation of land use rights to the aboveground buildings and

other attached objects, the municipal or county people's government shall,

according to actual condition to give proper compensation.

4.3 The World Bank's Main Policy WB chief resettlement policy of the Operational Policy OP4.12

"involuntary APs" and its annexes (January 1, 2002 implementation date) and

the WB operational procedures BP4.12 "involuntary APs" and its annexes

(2002 January 1 implementation date)

4.3.1 The World Bank's Policy ObjectivesExploring all viable alternative project designs to avoid or minimize

involuntary resettlement.

If APs are inevitable, migration should be as a scheme to design and

implement of sustainable development.

Should provide adequate resources to enable APs to share in project

benefits.

Should serious negotiations with immigration, make them have the

opportunity to participate in planning and implementation of resettlement

scheme.

Should help APs to improve their livelihood and living standards, at least

make it really move back to former or higher level of prior to the start of the

project.

4.3.2 Measures as RequiredBorrower shall prepare for a resettlement plan or resettlement policy

framework, which covers the following: resettlement plan or resettlement

policy framework includes measures to ensure that APs are informed about

their resettlement issues options and other rights; understanding technically

and economically viable option, participate in the consultation, and enjoy the

opportunity to choose; at full replacement cost, access to prompt and effective

compensation to offset the direct property loss caused by the project. If the

impacts include physical relocation, the resettlement plan or resettlement

policy framework should take appropriate measures to ensure that migrants

during relocation assistance (such as moving allowances); access to housing

~ 48 ~


or housing sites, or agricultural sites as required. Production potential of

agricultural production sites, location advantages, and other factors is at least

equivalent to the advantages of the old site.

To achieve the policy goals, the resettlement plan or resettlement policy

framework should also take corresponding measures when necessary, to

ensure that after the migration, according to the possible time that restoration

of livelihoods and standards of living, reasonable estimate the transitional

period, during this transitional period get help inside; In addition, resettlers still

can be obtained, such as soil preparation, the development of the credit,

training or employment assistance.

4.4 The Main Difference between World Bank’s policies and between Chinese’s law

Land resettlement compensationDifference: the WB's policy demand compensation should be enough to

offset any loss of income and restore long-term earning potential. Chinese

standards are based on annual production.

Solution: early solution is to provide replacement land, but are less likely

to practice. Cash is the first choice for most people, even though they cannot

ensure reasonable use of these compensation. As a result, the WB needs

further technical support, for severely affected, especially vulnerable groups to

monitor household income, while the local government to help people who

need help.

Compensation resettlement for vulnerable groupsDifference: the WB's policy is to give full compensation for special

vulnerable groups, especially those facing poverty seriously affected

households. Chinese regulations do not require social analysis, therefore

compensation based solely on the number of losses.

Solution: Special funds are available to assist the vulnerable groups, and

they will be determined during the detailed measurement survey. Various

measures have been stipulated in the resettlement plan.

Consultation and disclosureDifference: the WB's policy demand all the affected staffs fully informed,

and negotiate with them as soon as possible. The regulation of China has

~ 49 ~

http://dict.cnki.net/dict_result.aspx?searchword=%E7%A7%BB%E6%B0%91&tjType=sentence&style=&t=immigrant


improved the transparency of the notice and compensation. However, affected

by personnel's role in project decision-making is not strong, usually released

period is too short.

Solution: negotiation has begun at an early age. Project department

agreed to publish resettlement plan according to the requirements of the bank

to the associated affected personnel.

Lack of legal rightsDifference: WB policy requires all demolished buildings, whether they are

legal or illegal, should be compensated in accordance with the same

standards. According to Chinese law, a man without a local registered

residence may not have and the local people have the same right to

compensation. In addition, the current Chinese laws for illegal expropriation of

land and house owners without compensation.

Solution: For the WB loan project, all lawful and unlawful affected people,

regardless of ownership or have the right to use, will be protected. In

accordance with the requirements of the WB, will help.

Resettlement monitoring, evaluation and reportingDifference: WB requirements for internal and external resettlement

monitoring. But China's laws have no such requirement except for reservoir

project.

All WB projects have established internal and external resettlement

monitoring systems, which are written in the resettlement plan. The external

and internal reporting requirements have specific provision in the resettlement

plan.

4.5 The Principle of Compensation ProjectsAccording to the Chinese government and the WB's regulatory and policy

requirements, formulating the objective of the compensation and equity

principle, whose goal is to ensure that sufficient land compensation and

resettlement assistance measures at least back to the project started before

production and living level. Project resettlement principle as shown in the

table 4-2.

Figure 4- Project Resettlement Principle

Principle1 If possible, as much as possible to avoid involuntary migrants.2 The affected people get compensation and rights to at least maintain its

~ 50 ~


"without project" state before the standard of living, there could be improved.

3 With or without legal rights, the affected people will receive compensation and resettlement assistance.

4If each person have enough land for living after land acquisition, land to

provide cash or replacement land in-kind compensation, and other income-generating activities.

5The affected person has rights of qualification, compensation methods

and standards, livelihood and income recovery plan, fully understand the project schedule, and participate in the resettlement plan.

7 Actuators and independent third party will monitor compensation and land resettlement work.

8

Disadvantaged groups get special assistance or treatment, in order to guarantee better lives, all affected people should have the opportunity to benefit from the project. Every resettler families have 2 family members gain

skills training, at least one of whom are women.

9 Migration scheme with project affected city (district or county), the general layout of villages and towns.

10 Immigration fee will be fully and comprehensively cover all affected areas.

4.6 Compensation DeadlineQualification of compensation defined deadline was set at October 1,

2013. After the adoption of the feasibility study, deadline will be noticed.

Affected people's new land reclamation, building or settled in the affected

areas after the deadline is not within the scope of the compensation or

subsidies. Any simple construction of buildings or trees for additional

compensation is not in account.

~ 51 ~


5 Compensation StandardsUnder the provisions of the legal framework and the socio-economic

development situation in Mudanjiang city, the project compensation criteria

are developed as follows.

5.1 Compensation Standards of Rural Collective Land Permanently Collection

TO develop the compensation policy of expropriating collective lands this

project was predicated on Law of the People's Republic China on Land

Administration, Regulations of Heilongjiang Province on Land Administration

Law and Circular of Mudanjiang Municipality Concerning Adjusting

Comprehensive price of Expropriated Land. According to the specific

stipulation in Regulations of Heilongjiang Province on Land Administration

Law and Circular of Mudanjiang Municipality Concerning Adjusting

Comprehensive price of Expropriated Land, this project involves three villages

which are called: Hualin, Beian and Yinlong. The Compensation standard of

expropriated land is CNY 25,333 per mu, CNY 40,000 per mu and CNY

50,000 per mu respectively. The comprehensive price of expropriated land in

affected village is detailed in table 5-1.

Table 5-5-1 Comprehensive Price of Expropriated Land in Affected Village

No. Effect item Effected village Area

No.

Compensation fee of land expropriating

(CNY/m2)

Compensation fee of land expropriating

(CNY/mu)

1 Bada bus terminus

Sandaoguan Town

Yinlong village M-20 75 50,000

2Hualin

village bus terminus

Hualin Town Hualin village M-2 38 25,333

3Daqing road warranty

factory

Sandaoguan Town

Beian village M-19 60 40,000

5.2 Compensation Standards of State-owned Land UsingThe bureau of land would allocate construction land that is the state-

owned land this project occupied directly to construction units through the way

of free-allocation.

5.3 Compensation Standards of Temporary LandAs the project does not involve the temporary land using, it does not

~ 52 ~


involve the compensation mode of temporary land either.

5.4 Compensation Standards of Young Crops and Items Attached to Land

According to the article 29 in Regulations of Heilongjiang Province on

Land Administration Law, It should pay compensation fees of young crops if

there are young crops growing on the expropriated land, and the

compensation standards are the output of those crops in this season.

According to the social and economic survey results of this project of

affected village land, the standard of young crops compensation fee

determined by the average annual output value three years ago and

on the basis of one season, the average compensation standard is CNY 800

per mu.

According to Provisional Administrative Rules of expropriating items

attached to state-owned land of Mudanjiang city, the guiding price of

compensation standards of expropriating main items attached to state-owned

land is detailed in table 5-2.

Table 5-5-2 The Guiding Price of Compensation Standards of Young Crops

and Items Attached to Land

Item Type Unit Standard (CNY)

GreenhouseEfficient energy-saving greenhouse m2 400

Heating greenhouses m2 220Sunlight greenhouse m2 160

Shed

Steel structure Shed m2 110Glass steel Shed m2 60

Wood Shed m2 80Bamboo skin Shed m2 40

Care roomHybrid structure Care room m2 660

Brick - wood structure Care room m2 600Simple structure Care room m2 300

Livestock, poultry house

Cowshed m2 555Henhouse m2 613

Pigpen m2 607Simple Pigpen m2 400

Cellar m2 m2

Power facilities

Electric meter piece 800Cement pillars piece 1000

Oiled wood column piece 300Power Electric Kilowatt 550

Well Hand pressure well piece 800

~ 53 ~


Motor well piece 1000

Artificial forest

0—5(Excluding 5 cm) CM piece 205—10(Excluding10 cm) CM piece 30

10—15(Excluding 15 cm) CM piece 4015—20(Excluding 20 cm) CM piece 5020—30(Excluding 30 cm) CM piece 60

More than 30 cm piece 70

Natural forest

0—5(Excluding 5 cm) CM piece 245—10(Excluding 10 cm) CM piece 3610—15(Excluding 15 cm) CM piece 4815—20(Excluding 20 cm) CM piece 6020—30(Excluding 30 cm) CM piece 72

More than 30 cm piece 84Nursery seedlings m2 30

Fish pond

Ordinary pond (have slope protection) m2 20

Ordinary pond (no slope protection) m2 10Overwintering pond (have slope

protection) m2 30

Overwintering pond (no slope protection) m2 20

5.5 Other Fees StandardOther fees standards about resettlement are detailed in table 5-3.

Table 5-5-3 Tax Standards of ResettlementNo. Item Fees standard Basis

1 Land Occupation Tax 30 CNY /m2

Implementing Rules for the Interim Regulations of the People's Republic of China on Land

Occupation Tax (People's Republic of China Ministry of finance and the

State administration of taxation (2008), NO.49);

Procedures of Heilongjiang Province on the Administration

of Land Expropriating Tax（Heilongjiang

Municipality〔2008〕88）

2 Fees of Land Cultivation

15000 CNY /ha

Procedures of Heilongjiang Province on the Administration of

Reclaim and Use the Fees of Land Cultivation（Heilongjiang Bureau of Land Resources［2001］NO.111）

3Use Fees of New

Construction Land

24 CNY/m2

Circular on the Question Concerning Policy of Adjust Use

Fees of New Construction Land（Finance

Integrated〔2006〕NO.48）~ 54 ~


4External

monitoring and assessment fees

2% of the total acquisition

cost/

5 Internal monitoring fee

0.5% of the total

acquisition cost

/

6 Unexpected expenses

10% of the total

acquisition cost

/

5.6 Interest TableFigure 5-4 Rights

Effect type Obligee The number

of Obligee Compensation policy Compensation Standard

Collective land

expropriating

(1) Village

collective(2)

Affected contracto

r

26 HHs，102

People

Compensation for LA costs by sign area piece

price compensation, young and fixtures compensation

fee of two charges. Constitute expropriation land price compensation

including "land expropriated agricultural resettlement subsidies" and "land compensation

fees"; In accordance with

land area price access the land compensation fees, 70% personal contract HHs, 30% is owned by village collectives in the village for infrastructure

construction To obtain

compensation for young crops;

To obtain opportunities of training and

employment, take measures to make its

business income does not reduce; Training costs

100,000 CNY included in the resettlement budget;

Yinlong villag：CNY 50,000 per

muHualin

village：CNY 25,333 per

muBeian

village：CNY 40,000 per

muYoung crops Compensation fees：CNY 800 per mu

~ 55 ~


First hired by businesses.

State owned land

The owner of accessori

es

In LA, if they are affixed, the compensation

to the owners compensation appendages

fee.

Items attached to land

Property Attachments

to all people

Property unit is responsible for recovery To obtain Monetary

compensation

Other support

Disadvantaged group

One person (the elderly)

According to the related policy in

Mudanjiang City, people can apply for the rural

subsistence under the help of township government. Extraction of 100,000

CNY from the project cost, set up fund for

vulnerable groups, to support the project’s reality and potential vulnerable groups.

woman 50persons through information disclosure and village

collective meeting women full

participation of resettlement activities;

They are compensated on the

recruitment and training, project have

the same rights as men. In addition, will

implement the following measures to guarantee the rights

and interests of women:

(1) in the process of project construction,

to ensure that a certain number of

women (at least 20% of the unskilled labor)

project of unskilled labor. In addition, if

the work is the same, women will be get the

~ 56 ~


same pay as men and;

(2) in terms of technical training,

including the maid, beauty salon, etc, give priority to the affected

women's labor, training by at least

50% for women in the population, to ensure

that its economic status will not

damage; (3) in the process of

project running, give priority in jobs such as

cleaning, green to women affected by

the project, to ensure that its revenue

recovery. (4) the affected

women can obtain relevant information

can be obtained in the process of

resettlement, and can be involved in the public consultation and resettlement.

(5) the affected women can obtain

relevant information can be obtained in the

process of resettlement, and can

be involved in the public consultation

and resettlement. The compensation

agreement must be signed by the both

sides of husband and wife.

6 Production and Livelihood recovery program6.1 Resettlement Objectives

Ensure that APs can get compensation for all their losses, reasonable

resettlement and good recovery can make them share the benefits of the

~ 57 ~


project, and give help to their temporary difficulties in order to make sure that

their income levels, living standards and profitability can be improved or at

least truly restored to the level before the project.

6.2 Resettlement Principles6.2.1 Minimize Immigration Policy

Take advantage of construction features with appropriate modifications

and optimal design solutions to minimize the project affected area and the

impact of immigration.

6.2.2 Equivalence Principle of CompensationImplement the equivalence principle of compensation to ensure that APs’

living standards are not lowered due to the project .This principle includes two

aspects: Firstly, the replacement cost of property compensation, secondly

losses are compensated by the peer , that means how much the APs lose ,

how much compensation .

(1) When the agricultural land has been expropriated, all the losses

should receive reasonable compensation, the compensation will be paid to

the represent collective for the development of the collective economy and it

can not be used for other purposes. According to the "local integration, multi-

channel jobs" principle, the local government, the PMO and the village should

cooperate to ensure that the peasant APs’ living are unaffected.

(2) Resettler families will get their place of residence at least equivalent to

their original replacement housing in transportation, various ancillary facilities

and the surrounding environment or their housing values obtained fairly

compensated.

(3) Enterprises and institutions can maintain the original organization and

the use of the house's size and function. They should try to restore the original

operating environment, or obtain compensation equivalent to their houses.

Meanwhile the project caused shutdown will also be compensated, that

means the project will compensate closure losses.

(4) Public facilities will be fully restored, its function is not less than the

original level at least, to keep the normal life of the person who didn’t move

around in the scope of the project construction.

(5) Temporary migrants affected by the project and the loss of part of the

property without the relocation of migrants should also be equivalent

~ 58 ~


compensated.

6.2.3 Focus on Principles(1) The project will focus on vulnerable groups (elderly people living

without adult children, widows, single parents, the disabled, the chronically ill

and poor families), the relocation will be given preferential policies, such as

housing, employment and other aspects of reasonable care. After the

relocation, the project office should also conduct regular visits and gives

hands to their special difficulties until handed over to the local civil affairs

department so far.

(2) The project of will design the development relocation plan to mobilize

the power of the local government to do the training of migrants’ and create

job opportunity, so that APs can adapt to settlements environment and

economically self-reliant in the short term , and timely transferred resettlement

responsibility from the placement agency to the migrants themselves.

(3) The project will seek to maximize the cost-effectiveness of the

resettlement, make great efforts to improve resettlement agencies’ working

ability, normalize behavior norms resettlement work, establish a sound

internal control mechanism to prevent the waste of money, interception, fraud

, corruption and make good resettlement funds in order to achieve the best

placement results.

6.3 Permanent Resettlement MeasureThe project intends to permanently expropriate rural collective land

3.05ha (45.75 acres), three administrative villages (namely Beian Village and

Yinlong Village, Sandaoguan Town, Aimin District and Hualin Village, Zhenhua

Town ,Yangming District) under the two towns ( streets ) of Mudanjiang City

are mainly affected. In the project design process, the project design office

should take the LA impact of the local social and economic development and

the production and living systems full into account, constantly optimize the

engineering design, proposed a multi-scheme comparison plan to minimize

LA area and the negative construction effects on local production and living.

From July 2013 to August 2013, the investigation team held relocation

symposium with each resettlement affected village to discuss the form of

resettlement compensation package.

According to the immigration advice, the actual situation in the affected

~ 59 ~


areas and the landless HHs’ discussion, they decided to take direct cash

compensation without land exchange. According to " Heilongjiang levy

Integrated Land Implementation Measures" (Black Zheng Fa [2011] No. 51)

Article 7:the LA compensation fee should determined by the land area

integrated price, 70% of the fee for the resettlement of landless farmers

subsidies and 30% for public utility construction, the establishment of village-

run enterprises and landless farmers living subsidies of the collective

economic organization who hold the collective land ownership and so on.

Also, the young crops compensation fee and ground attachments

compensation of the acquisition land will directly compensate to the people

who owns property rights.

6.3.1 Permanent LA Impact AnalysisThe projects need totaling levy 45.75 acres of rural collective land,

permanent expropriation of rural collective land involves three administrative

villages and affecting 102 people of 26 families. For the affected three

administrative villages by permanent LA per capita occupancy of cultivated

land of each village are relatively abundant, and due to the small number of

expropriated land the affect rate to the village land is no more than 2 percent;

On the another side, the project’s expropriation of the rural collective land are

not affected farmers’ main farming land, and the proportion of its output in the

economic income of farmers is very little. Therefore, the negative construction

effects on production and living are very small.

6.3.2 Resettlement ProgramAccording to the latest landless farmers’ policy of compensation and

resettlement of Mudanjiang City and combined with the scope of the project

and the expected resettlement of landless farmers, we should implement the

social security placement.

A. Land Compensation RelocationAccording to estimates, the permanent LA compensation expenses

totaled CNY 1.6156 million, and in which CNY 1.5623 million is land

compensation fees, ground attachments and young crops compensation fee

is CNY 53,300. According to regulations, 70% of the land compensation fee

paid directly to the affected farmers. After the affected HHs obtain land

compensation fee, these compensation funds will be used to recover their life.

~ 60 ~


According to the survey, the affected people will take advantage of LA

compensation fee to increase agricultural production technology, expanding

transportation, services and HH sideline production which can benefit from the

new opportunities. The remaining 30% of the land compensation fees will be

paid directly to the affected village collective, the village collective will

establish special accounts, and use the funds for the village's infrastructure

and establishment of village collective enterprises, employment training and

holding subsidies for landless groups. Young level ground attachment

compensation fees will be directly compensated to their owners.

Villages affected by LA / compensation for affected persons are shown in

Table 6-1.

Table 6-1 Villages Affected by LA / Land Compensation of AP

Affected Villages

Requisition number (mu)

Nature of the land

Compensation (ten

thousand CNY)

Compensation object

Hualin Village 22.65

Collective land

(agricultural land)

Total：57.38

40.17 18 families of 74 people

17.21 Village collective

Yinlong Village 6.45

Collective land

(agricultural land)

Total：32.25



Beian Village 16.65

Collective land

(agricultural land)

Total：66.6



B. Social Insurance for Landless Farmers Since there is not yet farmers pension insurance measures, Mudanjiang

City currently implementation the policy of Heilongjiang Provincial Human

Resources and Social Security Department "on the landless farmers to

participate in the basic old-age insurance for urban enterprise workers related

issues notice" (HRS[2012] No. 61) to resettle those landless farmers.

According to introduction, the number of landless farmers to participate in

~ 61 ~


the basic old-age insurance for urban enterprise workers is calculated with the

calculation unit of village. The concrete number will be issued by Mudanjiang

Land Resources Bureau. The calculation method is as below:

The number of landless farmers to participate in the basic old-age

insurance for urban enterprise workers requisition = acquisitioned arable land

area / average arable land area per capita

According to this formula, it is estimated there are 12 farmers can

participate in the basic old-age insurance for urban enterprise workers in this

project.

Table 6-2 Estimated numbers of the landless farmers to participate in the

basic old-age insurance for urban enterprise workers in this project

Township Affected village

Average arable

land（mu）

acquisitioned arable land area(mu)

Estimated numbers to participate in the basic

old-age insurance(person)

SandaoguangYinlong 0.18 1.51 9

Beian 0.32 0.43 2

Hualin Hualin 2.75 1.11 1

Total 3.05 12By estimating, about 12 farmers can participate the basic old-age insurance for

urban enterprise workers. After land acquisition, Mudanjiang Municipal Land Resources

Bureau will identify the landless farmers to participate in the basic old-age insurance for

urban enterprise workers, land use unit will pay insurance fee for these landless farmers

at the rate of 62,370 yuan per landless farmer. Affected Village committee will convened

all villagers to discuss who can be taken as “landless farmer”, basically according to

villagers’ affected degree and other factors. The proposed list of insured persons will be

twice publicly displayed so as to collect villages’ suggestion. After payment, the qualified

landless farmers (male over 60 years and women over 55 years) can receive the basic

pension. The standard of it in Mudanjiang city of 2013 is about 500 yuan per person per

month. The specific amount of each person need to be calculated according to a

complicated calculation formula. The standard of the pension for landless farmers will be

adjusted according to the adjustment of urban minimum living standard.

C. Other Supportive Policies and MeasuresFarmers lost their land and the sources of production and living in the

urban part. In order to make the farmers' production and living standards to

~ 62 ~


recover better and faster and find a long-term source of income for life, the

Government takes positive and effective measures to provide some

employment guidance to help farmers to improve production and employment

levels. The village collective should use the land compensation to set up

village collective enterprises to provide jobs for the farmers, meanwhile do

gather production technology and employability training targeted to help

farmers improve agricultural production skills and employment abilities, thus

helping effectively restore production and living levels of the landless farmer

families.

Firstly, prepare certain special funds to analyze the employment

aspirations and educational levels of farmers on the requisitioned land.

Combine the job training with the employment needs of enterprises around

and organize pre-employment vocational training for the farmers on the

requisitioned land in a planned and orderly way.

Secondly, combined with the actual economic condition, develop the

greenhouse vegetable cultivation. Targeted provide greenhouse cultivation

technology training to farmers whose land is requisitioned to improve their

level of agricultural production, thereby increasing their incomes.

Thirdly, actively develop jobs around the village. Give priority of the

village jobs to the vulnerable groups especially women such as the families on

the requisitioned land in poor economic conditions, cultural and physical

disadvantaged.

Fourthly, solve the landless farmers’ difficulties in production and life by

the strength of village, helping to restore their production and living levels as

quickly as possible.

6.4 Affected Infrastructures and Ground AttachmentsThe affected Infrastructures and ground attachments should be rebuilt by

property unit after the project unit compensate to the property unit.

The recovery measures for demolished facilities must be pre-plan

arranged. In actual operation, suit the measures to local conditions according

to the scene safely, efficiently, duly, accurate and minimize adverse effect on

nearby residents as possible.

The demolition should dismantle the affected municipal utilities according

to the project construction drawings. Minimize migration with the principle of

~ 63 ~


not affect the construction. The affected pipelines should be rebuilt or

migrated before dismantled to unsure not to affect residents including the

residents who needn’t to move along the construction line.

6.5 Training of Resettler and Project LaborOn agricultural income project influence area, account for only about 1%

of the total average net income of the family is agricultural industry income,

according to the affected labours’ will, the project plan to train them

agricultural and non-agricultural farmers technical. SanDaoguan town and

HuaLin town government will shoulder the land-lost farmers employment and

skills training and implementation of training plan formulation, science set up

the training course training work for half a year reporting system, according to

the labor demand, adjust the training plan timely.

Training includes employment pre-service training and vocational skills

training. Employment pre-service training main content is about the national

employment situation, employment policy, protection of the rights and

interests of workers and professional ethics training; Vocational skills training

according to post demand is held on a regular basis. In the project area

affected by the land population all can attend these institutions which for the

affected households provide free technical training and employment.200

persons will be trained, training plan as shown in the table 6-3and table 6-4.

Training program will be announced in the affected villages, and it will be

organized by the project management office, SanDaoguan town, HuaLin town

government, CNY 100,000 training fee is contained in the resettlement

budget.

~ 64 ~


Table 6-3 Agricultural Technology Training Plan of Project Influence Area

Area Town Training time Training objects

The number of

training（persons/year）

Training content

Responsible organization

Funding arrangement (ten

thousand CNY)

Financial resources

Aimin area SanDaoguan town

2014.3、2014.9

AHs 50Development of greenhouse

vegetables

Government of SanDaoguan

town1.5

The government

budget

Yangming area HuaLin town 2014.3、2014.

9AHs 50 Breeding

industryGovernment of HuaLin town 1.5

The government

budgetTable 6-4 Employment Training Program of Impacted Project Area

Area Town Training time Training objectsThe number of

training（persons/year） Training content Responsible

organization

Funding arrangement (ten

thousand CNY)

Financial resources

Aimin area

SanDaoguan town

2014.6、2014.12、2014.6

AHs 30 Apparel production training

Government of SanDaoguan town 1.5

The government

budget

2014.6、2014.12、2014.6

AHs 30Building materials,

decorative materials management training

Government of SanDaoguan town 1.5

The government

budget

2014.6、2014.12、2014.6

AHs 40 Pastry, overhaul training

Government of SanDaoguan town 2

The government

budget

Other training on a not regular basis Government of SanDaoguan town 2

The government

budget

~ 65 ~


At the same time, the project will create a temporary jobs, half fixed

construction, including material conditions and transportation engineering,

food supplies, etc., after the completion of the project, it will also provide some

permanent jobs, such as road maintenance, greening, cleaning, etc. The

affected farmer labors will be gave priority and be arranged to participate in

the project construction, non-technical work, in order to increase their income,

improve the production and living of AHs. This project can provide jobs such

as table 6-5.

Table 6-5 Provided Employment Information

Available jobs Quantity Income Estimated annual income (CNY )

Logistical support 50 CNY 50 a day 12,000Road

Maintenance 50 CNY 50 a day 10,000

Greening 20 CNY 50 a day 12,000Cleaning 20 CNY 50 a day 12,000

Summation 140 —— 76,000Note: Due to the current financial system in the project area and

specificity of jobs, the above positions’ remuneration paid by the day. The

annual revenues are predicted by the situation of full workload.

6.6 Resettlement of Vulnerable GroupsBy the recognition, the project effect one vulnerable group family, one

vulnerable person, an old man. Through consultations, the project decides to

use the following measures to recover the production and living:

(1) According to Mudanjiang policies that villages and towns government

should help the old man attend into the rural minimum subsistence guarantee

system;

(2) Extracted from the project cost 100000 CNY, set up the social

vulnerable groups support funds, support the reality and the potential

vulnerable groups.

6.7 Indemnification of Women's RightsThe project affects 50 women. Women will fully participate in the

resettlement activities through information disclosure and the collective village

meeting. They have the same rights as men in compensation, employment

and training. In addition, the following measures will be taken to protect

women's rights:

~ 66 ~


(1) In the process of project construction, ensure that a certain number of

women (at least 20% of unskilled labor) to obtain the opportunities of unskilled

project jobs. In addition, women will receive equal pay as man for the same

job;

(2) In the aspect of technical training including hourly employee, beauty

salon and other industries, priority of labors should be given to affected

women in order to ensure their economic status is not to be harmed, 50% of

the people who are trained in this project is women;

(3) During the project, give priority of cleaning, greening and other jobs to

women affected by the project to ensure its revenue recovery;

(4) The affected women can receive relevant information during the

resettlement and participate in the public consultation and resettlement.

(5) The affected women can receive relevant information during the

resettlement and participate in the public consultation and resettlement.

Compensation agreement must be signed by both husband and wife.

~ 67 ~


7 Public Participation7.1 Public Participation Strategy

In order to safeguard the legitimate rights and interests of residents,

enterprises and institutions affected by the project, reduce complaints and

dispute, and achieve the proper resettlement target, good policies and

implementation details of levy land and remove are further being made, the

resettlement action plan is well prepared, and organizational work is well

implemented, according to relevant resettlement policies and regulations

made by Mudanjiang City, Heilongjiang Province and the country. The whole

project will attach great importance to resettlement participation and

consultation, and listening to their opinions in resettlement policy formulation,

planning and implementation stages.

In the feasibility study stage of project preparation, PMO has repeatedly

asked Mudanjiang City, the NPC and CPPCC, mass organizations,

residents，and enterprises affected by the project in project areas for advice

about resettlement work.

In July 2013, PMO organized a special investigation team, and the

relevant resettlement representatives were invited to participate in the survey

work during the investigation of the physical quantity affected by the project

levy land and resettlement and socio-economic survey. PMO also listened to

advice of the residents, enterprises and institutions about levy land and

resettlement, and conducted extensive consultations with them. Meanwhile,

PMO of alpine urban intelligent transportation system in Mudanjiang City also

conducted a socio-economic, public psychological and opinion survey, and

investigated the willingness of resettlement and attitude to the project. Those

detailed surveys laid the foundation of formation of the resettlement action

plan.

In the future, PMO will adopt the following procedures and methods to

encourage public participation and consultation:

(1) Participation of representatives in levy land and resettlement workRepresentatives are elected in proportion by resettlement and the

affected units, with the relevant departments, to solicit opinions and

requirements from resettlement, to listen to reasonable suggestions, and to

regularly exchange information. PMO should reply to their questions, and give

~ 68 ~


serious consideration to their comments and suggestions.

In order to fully reflect the interests and views of resettlements, and keep

the resettlement work just, fair, reasonable and transparent, representatives

by themselves choose to participate in the working process in the process of

levy land and resettlement, the determination of compensation standard,

negotiations of compensation and resettlement agreement, and use and

distribution of compensation expense, etc.

(2) Placement was determined according to consultation of landowners

and users

Through public participation in work, landowners and users reach a wide

range of consultation and communication, and give reasonable proposals

about compensation and resettlement.

(3) Holding consultative meetings

Three months before levy land and resettlement, the affected HHs,

enterprises and institutions representatives should hold various forums, and

women representatives (women representatives should be more than 30% of

participants), to focus on their situation and continue listen to their opinions

and suggestions. And their recommendations and comments should been

recorded, so that those recommendations and comments can be considered

in the future project implementation process.

(4) Holding mass meetings

In one month before levy land and resettlement, relevant staffs should

continue extensively to explain the relevant policies and regulations,

compensation standards, and resettlement programs, etc., so that prior to the

implementation of resettlement program, people can know early, and are able

to make adequate arrangements. The aim is to combine the actual situation

with the local masses opinions and suggestions, and carry out the project in

strict accordance with the bank's policy and national policy.

(5) Using tools (radio, television, newspapers, Internet and other media,

etc.) to propagate the policy related to the project levy land and resettlement.

On the one hand, through Mudanjiang TV station, Mudanjiang Daily and

broadcast, policies related to levy land and resettlement were widely

propagated, so that the affected population can acquire relevant information

as far as possible.

On the other hand, many relevant booklets are extensively sent to the ~ 69 ~


affected people, or relevant staffs should accept inquiries and provide advice

in the field, if necessary.

(6) Issuing levy land and resettlement notice

The main contents of the notice should include as follows: the brief

project overview, LA area, resettlement policies (including compensation

standard), agencies for resettlement, timetable of housing demolition and

relocation, resettlement rights and obligations, the mechanism of complaining

and appealing, M&E, etc.

(7) Resettlement action plan for public

Prior to Before the WB project evaluation, the resettlement action plan will

be put at the project office and each subproject unit, also be reported on the

radio and TV, PMO will issue a notice to let resettlements and non-

governmental organizations access on municipal network and the main local

newspaper. Meanwhile, copies are sent to the affected villages and street

offices, and to be kept at the office or the reference room in order to facilitate

people to access.

(8) Resettlement Information manual

PMO will turn the main sections of resettlement action plan into

resettlement Information manual that will be distributed to the hands of APs

before the implementation of the project. Main contents of information manual

include: brief introduction of the project, project impacts, compensation

policies, implementing agencies, channels of complaining, and contacts and

contact information, etc. See appendix 5.

7.2 Public Opinion SurveyIn July 14, 2013, PMO of alpine urban intelligent transportation system in

Mudanjiang City organized a survey of public opinion and suggestions under

the guidance of project team numbers of NRCR of the Hohai University. The

survey involved a total of 63 people, including the affected HHs, ordinary

villagers and village cadres, etc. Survey results show that: Among the 63

people, there are 80.95% of the respondents who know that the project will be

built, and 19.05% of the respondents who do not know or do not make sure it;

There are 90.48% of the respondents mainly through meetings who know the

project construction and levy land and resettlement matters; There are

100.00% of respondents in favor of the construction of this project; people

~ 70 ~


who considers that the project is beneficial to the country accounts for

100.00% of respondents, people who considers that the project is beneficial to

the collective accounts for 100.00% of respondents, people who considers

that the project is beneficial to the individual accounts for 100.00% of

respondents, too; There are 33.33% of respondents who believe that this

project will protect their lives and property, 38.09% of respondents who

believe that this project will improve agricultural production and travel

conditions, 33.33% of respondents who believe that the project will improve

the investment environment, 4.76% of respondents who believe that the

project will increase their economic income; There are 85.71% of respondents

who believe that the construction of this project has no adverse effect on

them, and the rest of respondents who believe that may bring traffic

inconvenience and economic losses caused by the project demolition, etc;

There are 85.71% of respondents who have a comprehensive or general

understanding, and 80.95% of respondents who know that they can complain

to the relevant department, when their legitimate rights and interests are

violated in the demolition process; When asked about wishes of the land

compensation, there are 95.24% of respondents who choose monetary

compensation without land, and the majority of people who want to get

technical training or employment information after the levy land and

resettlement. Public comments and suggestions findings are shown in Table

7-1.

In the survey, the majority of the affected residents know the construction

of this project, and they believe that the project will help improve the project

area's natural environment and agricultural production conditions, and

safeguard their life and property. In the end, they all said that they will actively

support and coordinate the project construction.

~ 71 ~


Table 7-3 Public Comments and Suggestions Results

No. Questions Answers

Results（1）

（2）

（3）

（4）

（5）

1 Do you know the project will be built?

（1）know（2）don't know（3）don't make sure

51 9 3

2

The information sources about the project andLevy land and resettlement

（1）newspapers（2）meetings（3）Neighbors （4） social investigators

3 57 3

3 Do you approve of the project?

（1）approve（2）disapprove（3）don't matter

63

4

Do you think that Who will benefit from construction of the project (multiple choices）

The country （1〕yes（2）no 63The collective （1〕yes（2）no

63

The individual （1〕yes（2）no63

5Do you think that what are the benefits of this project to you?

（1）Safeguarding life and property （2）Improving travel conditions（3）Increasing economic income（4）Improving investment environment（5）others

21 24 3 21

6Do you think that what are adverse effects of this project on you?

（1）Having no adverse effects（2）Bringing traffic inconvenience（3）Economic losses caused by the housing demolition,（4）Economic losses caused by the Land expropriation（5）others

54 3 6

7

Do you know policies related to the land compensation and resettlement?

（1）understand （2）understand something（3）don't understand

51 3 9

8 Do you know how to complain, when your legitimate rights and

（1）understand（2）don't understand

51 12

~ 72 ~


No. Questions Answers

Results（1）

（2）

（3）

（4）

（5）

interests are violated in the process of LA demolition?

9What do you choose in wishes of the land compensation?

（1）Monetary compensation, without land（2）The adjustment of land, compensation belongs to the collective（3）Others（please make a list）

60 3

10

If you would only receive cash compensation without adjustment of agricultural land, what is going on after acquiring the compensating?

（1）Engaged in the secondary or the tertiary industry（2）Migrant workers（3）Developing family economy according to adjusting the industrial structure, or using the remaining land（4）The purchase of insurance（5）Others（please state）

36 15 6 3 6

11（ Land expropriated HH ） What kind of help do you want after LA?

（1）Technical training（2）Given employment information（3）Others（please state）

33 15 9

~ 73 ~


7.3 Public Participation in the Process and Information Disclosure Plan

In order to timely and appropriately address the problems and

requirements of the affected people in levy land and resettlement, we need

further negotiation and consultation with them, so that all problems can be

solved before the implementation of the resettlement plan as far as possible.

Implementation agencies of resettlement will arrange the masses to

participate in relevant meetings, so that each of the affected people can have

an opportunity to negotiate relevant matters of compensation agreement

before compensation agreement is signed with implementing agencies

Table 7-4 Public Participation in the Process and Participation Plan

Time Location Participants Content Remark State

Jul. 2013

1.PMO2.The township / town government office3. Location of affected people

1.OPM 's staffs2.The township / town/village relevant staffs3.The affected people4.The project team numbers of NRCR of the Hohai University

Socio-economic survey of resettlement、the survey of scope and physical volume affected by the project

The project impact in socio-economic survey

Has been implemented

Jul. 2013

1.OPM2.The township / town government office3.Location of affected people

1.OPM 's staffs2.The township / town/village relevant staffs3.The affected people4.The project team numbers of NRCR of the Hohai University

Compensation and resettlement policy,and preliminary resettlement program

A preliminary agreement on compensation policy during making resettlement action plan


Jul. 2013

1.OPM2.The township / town government office3. Location of affected people

1.OPM 's staffs2.The township / town/village relevant staffs3.The affected people

Compensation and resettlement policy, and resettlement program

Further consultations on compensation policies during modifying the resettlement action plan


spt. 2013 1.OPM2.The township / town

1.OPM 's staffs2.The township / town/village relevant staffs

Resettlement policy, and

few problems about

Consultations on few problems in finalizing the


~ 74 ~


Time Location Participants Content Remark Stategovernment office3. Location of affected people

3.The affected people the program

resettlement action plan

2013.12 The affected villages

Cold condition in Mudanjiang city intelligent transport system project department, the municipal land and resources bureau, the affected people

Prepare basic contract compensation agreement

plan

Before carrying out

The affected villages

All the affected people

Villagers conference (many times), and discuss the final revenue recovery solutions and the use of compensation funds

plan

2104.1-2016.12


Labor and social security bureau , township, village cadres, all affect a person

Discuss the training needs

plan

2014.7 Affected village


1st notice on the list to participate in the basic old-age insurance

plan

2014.9 Affected village


2nd notice on the list to participate in the basic old-age insurance

plan

2014.1-2017.12

External monitoring unit, all affected people

1) resettlement progress and influence2) pay compensation

plan

~ 75 ~


Time Location Participants Content Remark State3) information4) production life back


Table 7 - 3 Project Information Disclosure Process

DocumentThe way of using

language and public way

Open dateAccountability

unit The public place

With the introduction of the involved in

this project

In Chinese, the city government

website2013.10

Project department

Municipal government website, the

affected villageProject

requisition of the general

introduction of information


website2013.10

Project department Municipal

government website, the

affected village

The city land expropriation compensation

policy


website2013.10

项目办，国土资源局

Municipal government website, the

affected village

The public resettlement action plan

In Chinese, Mudanjiang daily 2013.10

Project department

Municipal government

website, Mudanjiang

daily, the affected village

Resettlement information

booklet

In Chinese, to extend into the hands of the immigration

After reviewed by the bank

Project department Affected

villages

Report of RAP In Chinese and English

After reviewed by the bank before

the end of December 2013

The WB, project

department, the township government, the affected

village committee

The bank's web site,

Mudanjiang city

government websites, the

affected village, town

office

Land announcement

Chinese, announcement of the land area, the

standard of the compensation and resettlement way,

etc

2013.10

Project department,

bureau of land and resources

Village and the villagers

meeting the bulletin boards

Land requisition Chinese, 2014.1 Project Village and the

~ 76 ~


DocumentThe way of using

language and public way

Open dateAccountability

unit The public place

compensation and resettlement

plan announcement

compensation fees and payment

department, bureau of land and resources

villagers meeting the

bulletin boards

Converting review

Schedule of immigration

occupied land and the loss of assets

2014.3

Project department,

bureau of land and resources

Village and the villagers

meeting the bulletin boards

~ 77 ~


8 Grievance ProcedureDuring the preparation and implementation process of RAP, public

participation is encouraged, so great disputes may not occur. But some

unforeseen problems may occur during the whole process. In order to solve

the problem effectively, ensure the success implementation of the project

construction and LA, project office has established a transparent and effective

complaint and grievance procedure. Basic grievance procedure is following:

Stage 1: If APs feel dissatisfied with RAP, they can put forward an oral or

written complaint to the village committee; if it is an oral complaint, it should

be handled and kept as written record by the village committee. Village

committee should solve it in two weeks.

Stage2: If APs still fell dissatisfied with the decision of the stage 1, they

can put forward grievance to county PMO after receiving the decision. And

county PMO should solved it in two weeks.

Stage3: If APs still fell dissatisfied with the decision of the county PMO,

they can put forward grievance to district people's government after getting

the decision. And it should be solved in 20 days.


they can put forward grievance to city project IA after receiving the decision, or

they can go to the civil court according to the Civil Procedure Law.

APs can put forward grievance in any terms, including compensation

rates and so on. Grievance procedure and channel mentioned above and the

name, location, person in charge and telephone number of related

departments will be told to APs by manners such as meeting, notices and

issuing of information booklet to ensure APs fully understand their right of

grievance and how to conduct it. At the same time, multi-media will be used to

strengthen the publicity, and opinion and suggestions from all terms will be

arranged to information advocacy, then researched and handled in time by

resettlement agency at all levels.

All agencies will accept complain and grievance of APs at free,

reasonable fee because of these activities will be paid by contingencies of the

total budget. During the whole construction process, the grievance procedure

will be effectively to ensure APs can use it to solve relevant problems.

~ 78 ~


9 Institutions8.1 Institutions Related to Immigration Action

In order to ensure the smooth implementation and to achieve the desired

effect of “Resettlement Action Plan”, in the process of project implementation,

there should set up a set of organizations, from top to bottom, so that to plan,

coordinate and monitor the activities. During project implementation, the

agency in charge of planning, managing, implementing and monitoring the

project of resettlement actions of Mudanjiang River are:

The leading team of MCWSPTS

PMO of MCWSPTS (project management center)

Project implementation agencies (Mudanjiang city traffic police

detachment, construction bureau, Bus Corporation, etc.)

Land Administration Bureau of Mudanjiang city (area)

Involved Villagers committees in LA

Design and research institute

Immigration independent monitoring agency

The leading team of MCWSPTS: responsible for the LA and demolition of

the project and the leadership, policymaking and the examination and

approval of the resettlement action plan.

PMO of MCWSPTS: responsible for the creation of resettlement action

plan, migration demolished and relocated management, coordination and

implementation of the internal supervision and inspection, prepare the internal

monitoring report regularly, report to the WB.

Land Administration Bureau of Mudanjiang city (area): responsible for

land expropriation procedure, examination, approval, implementation,

coordination, management, supervision and arbitration work.

Design and research institute: responsible for the design and the

determination of the range of the project.

Immigration independent monitoring agency: responsible for external

work of M&E of LA, demolition and resettlement.

~ 79 ~


8.2 Organization ChartFigure 9-1 The Project Organization Chart

~ 80 ~


8.3 The Immigration Agency Duty8.3.1 The Lead Team of MCWSPTS

Responsible for the objective of the decision making and project

leadership

8.3.2 The project office of MCWSPTS(management center of MCWSPTS)

Connect with MCWSPTS construction group and Mudanjiang city

government related functional departments;

Responsible for all project related to the resettlement plan by the

national, Heilongjiang province, Mudanjiang, declare work of related

department and reply;

Responsible for the examination of project implementation unit and

guidance;

Resettlement consulting institutions entrusted to the resettlement

preparatory work;

During the preparation for the assigned project and consulting firms

coordinate work with other agencies;

Coordinate projects and the implementation of the resettlement plan

schedule;

Resettlement fund plan and report to Mudanjiang fiscal urged money

payment;

Coordinate the efforts of the resettlement of related agencies;

Responsible for raising project resettlement funds;

Responsible for resettlement funds disbursed;

Responsible for carrying out the project resettlement work;

Responsible for tracking and urge the project resettlement funds of

the enterprises;

Handles immigration resettlement process of complaints and

complaints;

Responsible for cooperate with external resettlement monitoring

institutions;

~ 81 ~


Responsible for monitoring report within the book project required for

a variety of data collection and sorting;

Responsible for the project file management of resettlement;

Training for each subproject resettlement heads

8.3.3 Project Implementation Agencies (Mudanjiang City Traffic Police Detachment, Construction Bureau, Public Transport Corporation)

Responsible for cooperate with external resettlement monitoring

institutions;

Responsible for monitoring report within the book project required for a

variety of data collection and sorting.

8.3.4 LAD To carry out national policies and regulations about project

construction land

Participate in the review project compensation standard of LA and

appendages

Make the formalities for examination and approval of project land

expropriation

Participate in social economic survey

Participate in the preparation and review of resettlement action plan

Create Pre-examination report of construction land

Publish “The land expropriation announcements”

Guide, coordinate and supervise the project LA and resettlement

activities

Coordinate and deal with the contradictions and problems

encountered in projects of land expropriation and transfer implementation

8.3.5 Design and Research InstituteReduce effect expropriation bring to emigration by optimizing the

design of engineering

Determine the influence scope of the requisition

8.3.6 Immigration External Independent Monitoring AgencyAs an independent monitoring institute, observe all aspects of the

resettlement action plan and implementation, and provide resettlement

~ 82 ~


independent M&E report to the PMO of MCWSPTS and the WB. To be

responsible for the following work:

(1) Do research on social and economic status of planning area;

(2) Estimate the detailed influence and the recovery of immigrations’

production life

(3) Data analysis;

(4) Monitoring the whole process of implementation immigration plan, and

provide resettlement independent M&E report to the PMO of MCWSPTS and the

WB. The responsibility of the institutions in the section external monitoring and

evaluating for details.

8.4 Qualifications and StaffingThe PMO of MCWSPTS consists of land demolition resettlement office

and project department, responsible for making resettlement action plan and

implementation of resettlement work. Members of the office with rich work

experience, has organized a number of municipal engineering involves the

requisition, demolition and resettlement work before in Mudanjiang city,

accumulated rich experience in land demolition and resettlement. Projects

keep good communication channels with government at all levels and various

functional departments, which have a very good effect of organization and

coordination in the land demolition and resettlement work. Other institutions

involved in implementation are persons with abundant project management

experience on urban construction.

The resettlement agency equipped with complete, high quality, full-time

staff of 7 people, mostly are professional and technical, who has good

professional quality. There will be 13 people can work in peak time, with a

bottom-up unimpeded information channel. It plays an important role to carry

out the resettlement action plan and implementation. The management,

evaluation and implementation agencies demolition project have good

transportation and communication tools. Survey designing, monitoring and

evaluating institutions have strong computer tools and technology level; the

institute of project resettlement implementation and M&E has rich experience

in LA, demolition and resettlement work.

The personnel of resettlement institute involved in project chart9-1

Resettlement institute The principal

Full-time staff

Peak-time staff The composition

~ 83 ~


person in charge

The leading team of MCWSPTS

Zhang Jingchua

n 1 3 Governmental

agents

PMO of MCWSPTS LiuJunfeng 1 2

Governmental agents, engineers and technicians

Land Administration Bureau of Mudanjiang

city (area)

ZhaoGang 1 2

Governmental agents, engineers and technicians

NRCR of Hohai university

ShiGuoqing 4 6

Experts of migration and

sociology

Total —— 7 13 ——

8.5 Measures of Strengthening the Institutional CapacityPMO of MCWSPTS has organized staff training on the project LA

demolition and resettlement in January 2013, including the immigration policy

of WB (OP4.12), the relevant laws and regulations, theory and method of

social and economic research etc.

PMO of MCWSPTS will continue to organize staff training on the project LA

demolition and resettlement, the content including the WB immigration

guidance and rules and regulations of requisition, implementation of

resettlement management, etc., in order to improve the staff professional

quality, capacity to deal with policy

In order to improve work efficiency, institute should ensure sufficient

money and equipment.

Reasonable division of labor, establish and improve the rewards and

punishments measures of staff who work on LA demolition and resettlement,

arouse the enthusiasm of the staff.

Establish land demolished and relocated migration information

management system, using computer to manage the data of land demolition

and resettlement, strengthen information feedback, guarantee the smooth of

information flow from top to bottom and from bottom to top, the major issues

decided by PMO of MCWSPTS

Strengthen reporting system and internal monitoring and solve the

problems timely.

Strengthen independent M&E; independent M&E mechanism should

~ 84 ~


point out the existing problems timely to the relevant department and puts

forward suggestions to solve the problems.

~ 85 ~


9 Implementation Schedule9.1 Implementation Principle of Progress Convergence of

Resettlement and Project Construction According to the progress of project implementation schedule, the project,

which will last for two years plans to begin in 2014 and completed in 2016.

Resettlement schedule combines each subproject construction schedules.

The major work of LA and resettlement plans to implement from 2013 to 2015.

As follows the basic principles of the schedule are:

LA demolition should be completed a month before the beginning of the

project. The determination of start time should be based on the needs of LA

and resettlement work.

Enough time must be given to LA and resettlement work before project

construction.

9.2 Critical Missions of Permanent LA and Resettlement(1) The project office applies for land using certification to the planning

department and turn to LRC of Heilongjiang Provincial for LA;

(2) Application for approval of LA;

(3) The project office negotiates with the relevant municipal (district) LRC

about land compensation matters, signing a land compensation agreement

and manages the land use formalities;

(4) District LRC and the relevant head of street (village) committee

measure the scope of LA and quantity to the scene;

(5) District LRC and the relevant street (village) committee sign up the

“LA Agreement ”;

(6) Inform to the affected population;

(7) Compensations should be appropriated;

(8) Go through the legal formalities;

(9) LA for the project;

9.3 Critical Missions of Temporary LA and ResettlementThis project involves no temporary LA and resettlement, if involved:

Sign up the agreement of temporary use with the original land users;

Sign up the temporary land use contract with the urban road authorities;

Occupy of land within the contract time;

Recover it by the construction unit after use.~ 86 ~


9.4 Resettlement Implementation Schedule for the critical Missions

9.4.1 Formulate Principles of LA and Resettlement Implementation Schedule

LA demolition range should be finally determined according to the project

design drawings of each individual project before the work begins.

Physical measurement and calculation of LA and resettlement should be

conducted by the project the department of immigration and property owners

according to the LA and resettlement red line before sign up the

compensation and resettle agreement.

The department of immigration project should open relocation

mobilization meeting participated with immigration HHs and the demolition unit

to announced LA, demolition, resettlement policies of resettle compensation

and approaches for settlements before sign up the compensation and resettle

agreement. Officially release the announcement of demolition after the

mobilization meeting.

Demolition and demolition should sign up the compensation and resettle

agreement after the physical measurement calculations and the

announcement of demolition

Infrastructure constructions should be built before the demolition.

Compensation cost of clearing and payment should happen after the two

sides sign the agreement and before relocation.

Propose project LA and resettlement activities schedule according to the

project LA, resettlement preparation and implementation schedule.

9.4.2 Schedule of Overall ResettlementPropose the schedule of overall resettlement according to the project LA,

resettlement preparation and implementation schedule. Specific

implementation time may be biased to the overall progress of the project and

should make appropriate adjustments. Seeing

~ 87 ~


Table 10-1 Timetable of the Resettlement ImplementationStage Task Time

Preparation period

Determine the scope of LA and demolition

January 2013 - July 2013

Real survey of LA and demolition July 2013 - August 2013

Preliminary investigation of socio-economic July 2013 - August 2013

Consultation of resettlement scheme July 2013 - August 2013

Preparation of resettlement action plan

August 2013 - September 2013

Make resettlement action plan public October 2013

Approval of resettlement action plan October 2013

Implementation period

Relevant approval procedures of levy rural

collective landJuly 2013 - June 2014

Hold LAR mobilization meeting and announce the

policy

December 2013 - June 2014

Publish notice of LA and demolition

January 2014 - July 2015

Discuss of signing compensation and

resettlement agreement

February 2014 - August 2015

Relocation of ground attachments and facilities

April 2014 - October 2015

Delivery of construction land May 2014 - June 2016Restoration of immigration

incomesNovember 2013 - June

2017M&E M&E June 2014 - June 2017

~ 88 ~


10 Fees and Budget10.1Fees

In the process of LA and resettlement, all costs should be included in to

the total project budget. According to the prices during 2013, the total resettle

cost is CNY 3.815 million4.

Among it, the cost of permanent collective land is CNY 15,623 million

(40.95% of total costs); compensation for ground attachments is CNY 53,300

(1.4% of total costs); special subsidies for vulnerable groups is CNY 100,000

(2.62% of total costs). The affected population groom cost CNY 100,000

(2.62% of the total cost). Therefore, the direct cost for LA, demolition and

resettlement process is CNY 1.5623 million.

Other costs include the RAP report design fees, implementation and

management fees, technical training, M&E fees, and unforeseen costs.

Detailed budget of the resettlement project shows on table 11-1.

4 Due to landless farmers participating in the urban enterprise workers basic pension requires Mudanjiang

Municipal Land Resources Bureau to determine after land acquisition. So, this part cost need to be updated in the

budget after the land acquisition.

~ 89 ~


Table 11-1 Consolidation of Resettlement Costs

No. Project U

nitQuantity

Compensation standards

Compensation standards fee Prop

ortion

Unit Quantity Unit Quant

ityMillion %

One

Permanent occupation

Ha 7.74 　　　　 156.

23 40.95

%

1.00

Free transfer of

state-owned land

Ha 4.69 　　　 0.00 0.00 0.00

%

1.10

Public transit hub

of JiangNan new district

Ha 4.29

CNY per mu

0.00 CNY per Ha

0.00 0.00 0.00%

1.20

First and the end bus

station in Fujiang

Ha 0.40

CNY per mu

0.00 CNY per Ha

0.00 0.00 0.00%

2.00

Levy collective

land (agricultural

land)

Ha 3.05 　　　　 156.

23 40.95

%

2.10


station in Yelin

Ha 1.51

CNY per mu

25,333.0

0

CNY per Ha

379,995.00

57.38

15.04%

2.20


station in Bada

Ha 0.43

CNY per mu

50,000.0

0

CNY per Ha

750,000.00

32.25

8.45%

2.30

Factory warranty on

Daqing Road

Ha 1.11

CNY per mu

40,000.0

0

CNY per Ha

600,000.00

66.60

17.46%

3.00

Ground attachment

s　　　　　　 5.33 1.40

%

3.10

Young crops

Ha 3.05

CNY per mu

800.00

CNY per Ha

12,000.00 3.66 0.96

%

3.20

Sporadic natural forest

Tree

35.00

CNY per tree

36.00

CNY per tree

36.00 0.13 0.03%

3.30

Power facilities 　　　　　 1.54 0.40

%

~ 90 ~


　 Electric cement column

Stick

13.00

CNY per stick

1,000.00

CNY per

stick

1,000.00 1.30 0.34

%

　Oiled

wooden electric column

Stick 8.00

CNY per stick

300.00

CNY per

stick

300.00 0.24 0.06

%

Two

Disadvantaged subsidy 　　　　　 10.0

0 2.62%

Three

Training fee 10.00

2.62%

Four

Subtotal (one to three)

　　　　　　 176.23

46.19%

five

Fee 　　　　　　 89.18

23.38%

　　　　　　

Survey and design fees

According to the basic cost percentage 　 0.06 10.5

62.72%

Implementation and

management fees

According to the basic cost percentage 　 0.02 3.52 0.92

%

Technical training

fees


%

External M&E fee


%Internal

monitoring fee


%

Unforeseen expenses


2 4.62%

six LA fees 　　　　　　 116.

09 30.43

%

　　　 Land reclamation

feesHa 3.05

CNY Per

square

meter

7.50 CNY per Ha

15,000.00 4.58 1.20%

tax on land occupation

Ha

3.05 CNY Per

squa

30.00

CNY per Ha

300,000.00

91.50

23.98%

~ 91 ~


re mete

rLA and

management fees


1 5.25%

seven

Summation 　　　　　　 381.50

100.00%

~ 92 ~


10.2Annual Fund Using PlanPrepare the annual fund-using plan, according to the specific project

implementation schedule. Specific plans are shown in Table 11-2.

Table 11-2 Annual fund using plan for APs Year 2014 2015 2016 小计

Investment (million) 228.9 114.45 38.15 381.5

Proportion (%) 60% 30% 10% 100%10.3Sources of Resettlement Funding

Resettlement funding should be paid by the domestic and foreign bank

loans and funding according to the overall project arrangements. All sources

of funding for the resettlement are local matching funds.

10.4The Flow of Funds and the Allocation Plan10.4.1 Flow of Funds

In order to ensure that the resettlement compensation can be promptly

and fully paid to the affected people funds in accordance with the

compensation policy and compensation standards determined in the

resettlement action plan, the project funds should be paid In accordance with

the procedures as follows: Land related taxes and fees will be directly

allocated to the City LRC by the project office of Mudanjiang City Alpine PMO

urban intelligent transportation system, meanwhile deposited directly the land

compensation fees and resettlement fees into a bank or credit union in

accordance with the LA agreement.Directly pay the fees to the relevant

villages or individuals by the bank or credit union relying on the approval of

the project office of Mudanjiang city Alpine City Intelligent Transportation

System. Directly pay the compensation for young crops to the affected people.

Directly pay the infrastructure and appurtenances compensation to the

relevant units or individuals.

Specific funding process shows in Figure 11-1.

~ 93 ~


Figure 11-1 Allocation process of resettlement fund for this project

10.4.2 Allocation and Management(1) All costs associated with demolition resettlement should be included in

the total project budget.

(2) Land compensation fees and resettlement subsidy fees, housing

relocation compensation fees should be absolutely paid before LA demolition

to ensure all the affected persons could be properly placed.

(3) To ensure that LA and resettlement can be successfully implemented,

financial and supervisory bodies at all levels should be established to ensure

all funds appropriated in place on time.

~ 94 ~


12 Monitoring and EvaluationIn order to ensure the smooth implementation of RAP, realize the

appropriate resettlement target, the project will monitor and evaluate the

implementation of resettlement action termly according to the requirement of

WB Business Policy OP4.12 Involuntary Immigration and Guildlines for M&E

of Resettlement of Projects loaned by WB in China. The monitoring can be

divided into two parts, internal monitoring of resettlement institution and

external independent monitoring.

Internal monitoring is executed by the leader group of project office of

MCWSPTS and the project office of MCWSPTS to ensure the charge unit

obey the principle and schedule of PAP to implement LA, HD and

resettlement. The purpose of internal monitoring is to maintain the good

function of resettlement agency during the implementation process.

Independent monitoring institution mainly puts external independent

monitoring forward timely. NRCR of Hohai University undertakes Independent

monitoring of this project, and the content of indepedent monitoring are:

The work ability and efficiency of resettlement agency;

Implementation process of LA, HD and resettlement and compensation;

Survey analysis of resettlements’ living and livelihood level.

Independent monitoring is evaluated by agency independent of the

resettlement IA, and checks all implementation activities such as LA, HD and

resettlement with comprehensive and long-term view. Independent monitoring

will track the resettlement activity of the project to evaluate whether the

resettlement implement laws related to national LA, HD and resettlement;

whether accord with WB Business Policy OP4.12 Involuntary Immigration;

whether resettlements’ living and livelihood level improve or at least maintain

the former level. Independent monitoring agency will put forward suggestions

to relevant units according to the problems found during the monitoring, to

ensure the problems occurred during the implementation process can be

solved in time.

10.5 Internal MonitoringProject office put forward an internal monitoring operating mechanism to

check resettlement activity. Project office established basic database for LA,

HD and resettlement, and uses it to make up RAP and monitor all

~ 95 ~


resettlements and units affected by LA and HD, proceed internal monitoring to

the whole process of resettlement preparation and implementation.

10.5.1 Implementing ProcedureDuring the implementation process, project office of MCWSPTS and

implementing unit collect and record information about resettlements and

affected units according to the monitoring samples, deliver record of activities

to project office of MCWSPTS at province and city level and keep continuous

implementing monitoring. Project office of MCWSPTS at province and city

level will check implementing situation timely.

In monitoring operating mechanism above, make information table whose

format is prescribed to realize the information flow from implementing units to

provincial project office is continuous. Project office of MCWSPTS and City

Bureau of Land Management will check and verify the situation timely as the

important part of internal monitoring system.

10.5.2 Monitoring ContentPayment, usage and in place of compensation funds for LA,

implementing progress and quality of production development project for

resettlements;

Investigation, coordination and suggestions for main problems in

resettlements and IAs during LA and resettlement implementing process;

Recovery situation of resettlement HHs’ income level;

Recovery situation of vulnerable groups;

Payment, usage and in place of compensation funds for resettlements

and LA and HD units;

Degree of participation and negotiation during the LA, HD and

resettlement process;

Training for resettlements and its effect;

Work organization, training, schedule and efficiency of local resettlement

office.

10.5.3 Internal Monitoring ReportProject office of MCWSPTS compiles internal monitoring report very three

month and report to project office of MCWSPTS at province and city level.

Provincial PO of MCWSPTS summaries once and reports to WB at the end of

the year.

~ 96 ~


10.6External Independent Monitoring10.6.1 Independent Monitoring Agency

Project office will engage independent monitoring agency to put forward

external monitoring. Independent monitoring agency takes tracking M&E

timely to resettlement implementing activity, monitors the process, quality and

fund of resettlement and put forward advice. It takes tracking monitoring to the

resettlements’ living and livelihood level, and provides M&E report to project

office of MCWSPTS and WB.

10.6.2 Monitoring Procedure and Content1) Write resettlement M&E outline

2) Develop M&E infromation database

3) Compile investigation outline, table and record card for resettlement HHs,

enterprises and affected villages

4) Investigation design

Sampling preparation: d30% of HHs affected by LA.

5) Baseline investigation

Conduct baseline investigation needed by independent M&E to

resettlements and villages affected by LA and HD, gain baseline information

for the living and livelihood level (living, production operation and income

level) of resettlements and affected units.

6) Build M&E information system

Build M&E information system, establish database according to the

classification of all kinds of data involving M&E, and provide computer aid to

analysis and follow up monitoring.

7) M&E investigation

Local social-economy investigation: investigate the social-economy

situation in project area.

Resettlement IA monitoring: investigate the work ability and efficiency

of resettlement IA.

Typical temporary LA resettlement monitoring: compensation arrival

rate, livelihood resettlement, rate of income change, employment

rate, and degree of satisfaction to resettlement.

Communal facilities: monitor the compensation; proceed of recovery

and rebuild of the capacity of the communal facilities.

~ 97 ~


Communication and information disclosure: engaged in the compile

of RAP and participate in the activities during the implantation

process, monitor the effect of participation and the information public

situation.

Grievance: monitor the operating mechanism and efficiency of the

grievance.

8) Arrange of monitoring information and establish database

9) contrastive analysis

10) Write M&E report

Mar. 2014, establish independent M&E group, write outline.

May.2014, do preparation work for independent M&E, including:

compile investigation outline and table, establish monitoring system,

determine tasks and choose monitoring location.

Jun.2014, put forward No.1 M&E report (baseline report).

Dec.2014, do second monitoring and put forward No.2 M&E report.

Jun.2015, do third monitoring and put forward No.3 M&E report.

Dec.2015, do forth monitoring and put forward No.4 M&E report.

Jun.2016, do fifth monitoring and put forward No.5 M&E report.

Dec.2016, put forward completion evaluation report.

10.7Monitoring Indicators Social-economy indicator: per capita income, GDP and employment

rate

Agency indicator: personnel consist, personnel quality, regulatory

framework, facility, finishing rate of affairs handling

Resettlements affected by LA: compensation arrival rate, livelihood

resettlement, rate of income change, employment rate, and degree

of satisfaction to resettlement.

Infrastructure: compensation arrival rate.

10.8Post EvaluationAfter the completion of the project implementation, on the basis of M&E,

post evaluation for resettlement will be conducted with post evaluation theory

and method. Evaluate successful experiences and lessons worth to learn on

terms of LA, HD and resettlement to provide experiences can be learned in

latter resettlement. Post evaluation will be conducted by independent

~ 98 ~


monitoring agency entrusted by project office. Evaluating unit will write outline

and establish indicator system after being entrusted, then do social-economy

analysis and survey, compile Resettlement Post Evaluation Report for

MCWSPTS, and Report to Project Office of MCWSPTS at province and city

level and WB.

~ 99 ~


Annex 1 Due Diligence Report for Land Acquisition and Resettlement Process of Jiangnan Public Transport Hub Construction Project

In order to monitor and check resettlement implementation program and

situation of this project, ensure resettlements’ legal rights and interests can be

garenteed, NRCR of Hohai University entrusted by DRC of Mudanjiang City

conducted due diligence report for LA process of Jiangnan Public Transport

Hub Project.

A. Propose of Due Diligence

Conduct a comprehensive review for LA and resettlement work; evaluate

whether all LA and resettlement involved in this project confirm with the Land

Administration Law of the People's Republic of China, the requirments of

relevant laws, regulations and policy about resettlements in Heilongjiang

Province and Mudanjiang City; check working process, the implementation

schedule, capital management, resettlement effect, and evaluate

resettlements’ living and livelihood level and degree of satisfaction to

resettlement; find out leftover problems during LA and HD process and put

forward feasible suggestions.

B. Method of Due Diligence

Materials for due diligence are mainly from two aspects:

a. Refer to document and literature and collect informanage, collect and

arrange information and relevant servey data provided by relevant

departments of local government and IA.

Literature materials collected this diligence survey including: Project

examination and approval documents, land approval, “ a book and

four plans” about construction land, LA reciplents roster and different

kinds of agreements relate to resettlements;

Information about public paticipation relate to resettlement: meeting

record about allocation plan, LA announcement, other infromation,

etc.

b. Field investigation. Further verify the information and data with the help

of methods such as symposium and direct communication with relevant

groups, etc.

~ 100 ~


Field investigation consistsby several parts below: symposium, on-

site interview, etc.

Symposium: conduct symposium with staff in project

management office of MCWSPTS and DRC, resettlements, learn

the implementing situation of compensation for LA and

resettlement;

In 31th Jul.2013, due diligence survey group visited Niehe village.

They talked to village head and villager respectively, distrubuted

2 effective questionnaries.

Refer to materials relate to LA, and verify on-site interview. Interview

people who provide key information.

Chart Annex1-1

C. Content of Due Diligence

LA background

LA policy and implementation

LA progress, funds disbursed situation, compensation standard, etc.

Income recovery and resettlements’ satifaction

Resettlement implementing organizations

Public paticipation and communication

Complain and grievance

D. LA Background and Process

According to the development strategy of “ a river in the center,

developing on both sides” in Mudanjiang City, Mudanjiang Government

established Mudanjiang Economic Development Zone and National

~ 101 ~


Circulating Economy Pilot Park in 7th Jul. 2006. The orientation of this

Economic Development Zone is to be the main economic development

platform in Mudanjiang City. At the base of original three big parks –

Mudanjiang Jiangnan New City Area, Mudanjiang Russia Trade Industrial

Park, and National Circulating Economy Pilot Park, it makes full use of policy

advantage and brand effect to integrate. And then, by constructing

development park, accelerate the expansion of the space for urban

development, improve the urban functions, enlarge import and export

processing capacity to Russia, promote the process of urbanization and

industrialization. To develop the platform better, further enlarge the park area,

after the early stage of the negotiation and public announcement, in 18th Oct.

2006, Jiangnan project management department of Xinshuguang Urban

Construction Investment Development co., LTD ( XUCID for short below)

signed Monetary Compensation Agreement for LA Ground Attachments

Demolition with committee of Niehe Village, Party A is XUCID Jiangnan

project management department, Party B is committee of Niehe Village. The

agreement stipulates that compensation standard should be in accordance

with the Land Administration Law of the People's Republic of China, the

Regulation of Land in Heilongjiang Province and relevant regulations of

Privince and City Government. Party B volunteered to choose monetary

compensation mode, and received compensation for vegetable field and

young crops CNY 4,114,338 in total, LA 43,956.6m2 in total, LA agreement

shows below in chart annex 1-2.

~ 102 ~


Chart Annex 1－2 Monetary Compensation Agreement for LA Ground

Attachments Demolition

E. LA Policy

LA compensation standard implementing as Notice of Mudanjiang City

Annual Production Standards for Non-agricultural Construction LA for and

Relevant Provisions published by Mudanjiang Government in 14th Dec. 2000.

The notice stipulates annual output value standard, dry field output value

standard, paddy output value standard, fish pond annual production

standards, vegetable field output value standard, annual output value

standard field, etc.

Acquied land in Niehe Village was outdoor vegetable field, according to

the document, annual production standards is 3.6 CNY/ m2, 2,400 CNY/Mu/

m2 in total, compensation for LA and resettlement is calculated as 25 times of

the annual output value, compensation for young crops is calculated as the

annual output value.

According to the policy, actual compensation is:

Type Quality(m2)

Compensation

standard(CNY/m2)

Calculation formula

Amount(CNY) Note

Compensation for LA

and resettlemen

t

43,956.6 3.6*25 43,956.6*3.6

*253,956,0

94

Among them, 11

times was paid to

villagers directly, 1-2 times was

paid as incentive fee

to encourage early LA villagers,

others was used to

resettlement collective

land. Compensat

ion for young crops

43,956.6 3.6*1 43,956.6*3.6 158,244

Pay to villages (see

Chart Annex1-4)

Total 4,114,3 62.4Thouns

~ 103 ~


38 and /Mu

Chart Annex1－3 Notice of Mudanjiang City Annual Production Standards

~ 104 ~


for Non-agricultural Construction LA for and Relevant Provisions

Chart Annex 1－4 Payment Document

F. Distribution and Usage for Compensation

Compensation for Niehe Village in this LA was CNY 4,114,338 in total, by

communication, 1,872,538 was paid to villagers, other 2,241,799.76 was for

collective. The village used the money to build village industrial park (Longbin

industrial park).

~ 105 ~


Chart Annex 1-5 Longbin Industrial Park

According to on-site interview, compensation for LA and resettlement has

been full specified amount paid, and there was no situation of compensation

defaulting. Person whose land was collected involves no vulnerable groups.

Resettlement method is autonomous resettlement.

G. Evaluation for Livelihood Recovery and Resettlement Effect

According to the introduction of Xin Guoping Director in Niehe Village,

there are 2,063 populations in Niehe Village now. Since 2006, more than half

of the land was removed and relocated. All land by collected is farmland and

there is no homestead. Original, villagers in Niehe Village mainly planted

vegetables, and annual per capital income were around CNY 14,000. Now

because of LA and the construction of Longbin Industrial Park, most villagers

are working in the park, annual per capital income were around CNY 18,000.

There are 41 plant fixed assets, the net asset value is CNY 48,624,099.43.

Niehe Village benefit most, LA and HD has solved employment problems, now

there are 17 enterprises, including Master Kang Mineral Water Factory, Glass

Factory, etc., recruiting more than 200 villagers. Enterprises pay villagers

wages in time, the monthly income for villagers is about CNY 1,500. In

addition, Niehe Village established Property Company by itself, and there are

76 villagers working there. There is a welfare factory (Cigarette Factory) also

recruiting 7-8 villagers.

After La, every winter, village will put forward some training classes, 40-

50 people will participate in them. Before 2010, the training classes were

~ 106 ~


mainly in planting fruit trees and vegetable; after 2010, the classes began to

train for employment, such as bakers training classes, vehicle maintenance

training classes, etc. By groping for several years, training has gained positive

effect.

By training, there are more than 200 villagers are working in the village,

male can get CNY 2,000 per month, female are mainly occupied in property

management, such as street sweepers and collective property management,

and their monthly wage is between CNY 1,050 to 1,500.

Up to now, there is only one real HH enjoying the five guarantees in the

village, after villager congress discussion, he has been sent to the best

nursing home in Mudanjiang, the fare 1,700 per month is paid by village.

Because, in recent years, development of the village is good, annual net

income can reach more than 4 million. Through discussion, the village

executes retirement pension system. Villagers, both male and female, when

get 55 years old can get CNY 280 pension every month, when get 60 years

old can get CNY 380 pension every month, when get 80 years old can get

CNY 480 pension every month. The expend reaches 900 thousand every

year.

Due diligence investigation personnel conducted sampling survey to APs,

interviewed APs such as Li Xingcai respectively and found that their income

improve overall. Set Li Xing as example: before LA, annul net agriculture

income of his family was CNY 5,500, annul sideline income was CNY 40,000;

in 2012, the annul net agriculture income was CNY 3,600, annul sideline

income was CNY 55,000, and the Total revenue had recovered and improved.

H. Situation of Information Disclosure and Public Participation

a. LA and HD Organization and Public Participation

During preparation process of LA and HD, LA and HD unit published LA

announcement, announcement for LA compensation and resettlement plan,

HD announcement, etc. sooner or later in document and announcement

manner. At the same time, public telephone number for complaining and

monitoring, to ensure information publicity.

During implementation process of LA and HD, Land and Resources

Bureau, Demolition Office, Niehe Village and APs established working group

together to ensure LA and HD work could conduct smoothly, and listen to the

suggestions from affected villagers. Working group is consist by all ~ 107 ~


stakeholders to make it convenient to communicate and negotiate with APs,

solve existing problems during the LA and HD progress, reduce effect on

stakeholders to the greatest extent, and receive positive effect.

From Mar. to Jul. 2006, LA and HD IA hold 4 symposiums with

resettlements and 4 on-site interviews, people participated in meetings

reached 69, they discussed about inhabitants’ view on project’s construction,

range of LA, LA compensation standard and agreement, resettlement manner,

construction of resettlement community, environment protection and so on.

And they fully asked for resettlements’ opinion in these terms.

b. Progress and Effect for Complain and Grievance

Controversy existing during the LA process, APs can grievance to

relevant institutions. Grievance ways are below:

Way 1: If APs have doubts about LA, they can appeal to project

headquarters, city government and village committee, survey group will

answer face to face and communicate solution with APs.

Way 2: APs can appeal through government special reporting agencies

directly.

Way3: APs can appeal to administrative organs have jurisdiction step-by-

step for arbitration according to the Administrative Procedure Law of the

People's Republic of China. If resettlements are not satisfied with the

decision, they can prosecute to the civil court according to civil procedural law

after getting the decision.

APs can complaint about all aspects affected. Grievance ways are told to

APs by meeting and other manners to make them know their right clearly. At

the same time, media tools will be used to strengthen publicity, and opinions

and suggestions from different aspects will be arranged into information

provision, researched and handled by different levels of LA and HD agencies.

These agencies will accept complaint and grievance of APs for free.

I. Gender Impact Analysis

There are 2,063 villagers in Niehe Village, 1,075 of them are female,

account for 52.11%. Due to LA, most female in the village are live on working

for others, some of them do business by themselves. Most female work in

property enterprise, monthly income is about CNY 1,500. Jobs for female

working in property enterprise are mainly cleaner, which are easier than

farming, and the income is higher and steadier. So it can be analyzed that LA ~ 108 ~


promotes female’s living level.

J. Conclusion and Suggestion

a. LA compensation standard implement according to policy seriously; LA

has apparent effect on APs’ livelihood, and the construction of Development

Park provides plenty of employment chance.

b. Relevant organizations of LA project are definite, quality of staff is

relative high and they can complete stuff relative to resettlement good.

c. During the preparation and implementation process, project unit

organized several public participating activities about problems APs

concerning about such as converting measurements, compensation standard

and compensation payment. But part villagers have no clear knowledge of LA

policy and compensation standard, and the intensity of public participation

need strengthen.

d. Complain and grievance: Channels for complain and grievance are

unblocked; full-time coordinator regulation for complain and grievance has

been established; resettlements know grievance way when their right be

violated.

~ 109 ~


Annex 2 Due Diligence Report for First and Last Stops of Public Transport in Fujiang Road

Construction site of first and last stops of public transport in Fujiang Road

is located near Dongjiang Village, Xinming Street, Mingyang District, and it is

0.40ha (6 Mu) in total. Now, it is state-owned open spaces and collected by

Mudanjiang unified expropriation workstation during the second construction

process of Dongsi Kuajiang Bridge. The land was owned by Dongjiang

Village, Xinming Street originally.

In order to know the impact of LA, due diligence survey group visited

unified expropriation workstation and Dongjiang Village in 1st Aug. 2013.

Chart Annex2-14-2Interview Head of Dongjiang Village

According to information, second construction phase of Dongsi Kuajiang

Bridge and comprehensive development project are the key projects of

Mudanjiang in 2011, projects include: second construction phase of Dongsi

Kuajiang Bridge constructed with full mat endowment by Beijing Zhongmai

Investment co., LTD, including 2,048m long city roads, 1 flyover, 1 underpass

bridge under the railway, 1 bridge over cross Mingyang, and the total

investment is expected to be CNY 450 million.

The population of Dongjiang Village is 514, among them, 137 are male

labors, 79 are female labors. There are farmland 746.4 Mu, among them,

319.9 Mu is dry land, 426.5 is vegetable land. In 2012, the total income of the

~ 110 ~


village was CNY 283,748, total expand was CNY 230,846.66, and total

revenue at the end of the year was CNY 52,984.

Collected dirt road in Dongjiang Village was a village-level road, and the

LA affected no villagers directly. There are 13,195 m2 road involved, which

means 19.79 Mu; the compensation standard was 171 CNY/m2 (114,000.57

CNY/Mu), 2.556.345.00 in total.

Compensation has been paid in Jun. 2011, Dongjiang Village built a

environment- friendly brick factory with the money, and attracted 30 villagers

to work in the factory, and their monthly income was about CNY 1,500-2,000.

According to information, Dongjiang Village will not recover the original

road, they thought it may have the same effect by building a park here, which

can convenient their travel as well.

Compensation agreements for the land are shown below.

~ 111 ~


~ 112 ~


~ 113 ~


~ 114 ~


Annex 3 Letter about the Preliminary Examination Opinions of Land for Construction Projects of MCWSPTS

~ 115 ~


~ 116 ~


~ 117 ~


Annex 4Gender Analysis in Project Area

A-Women Analysis in Rural Project Area 1 Legal rights

According to legal document in China, although women have not recognized, women have the same legal rights with men.

2 Social status

Women’s status in project area is relative high, major family issues are decided communicating by both husband and wife. Men are backbones in families, they present in main meetings,

but women can affect the decisions men made.

3 Land and property

rights

Women have same rights. The statues in project area are same as that in other area. Since household contract responsibility system was conduced in 1982, the daughter’s land should

remain in her mother’s family after get married, and she has to share the land of her husband. But, if the affected village conducted two rounds of land contract (around 1999), the

situation has been corrected. If LA, HD and resettlement involve, women enjoy the same compensation right.

4 Collective property

rights

Women have same rights.

5 Life and gender roles

No gender restriction. But, women in rural area, mainly do house work and other agricultural production work in their power. Men

mainly do agricultural production work and work outside. General, women’s working time is 1.3 times of that of men. At

the same time, many young women also work outside. 6 Family income

contribution

Women’s income is mainly sideline and wage by working in factory, accounts for about 35% of family income. And income

resource is mainly agriculture income and breeding.

7 Family statues

Women have same speaking right. When men work far away from home, women decide many things.

8 Education

level

Chances for girls and boys are the same, if children work hard, their parents will try their best to afford them to school.

9 Health condition

Women’s health condition is relative good, and has no apparent distinction in terms of nutrition compare to men. But with the increasing trend of hospitalization costs in family costs, the

burden of women may be heavier.

10 Village and

government institution

In all village committees, there are women represent. At the same time, in village and village groups, women have good

informal network. Women can participate in generation election in village committee, and have right to vote and the right to be elected. Local government pays a lot attention to the women

development, especially in terms of supporting the poor. Overall

evaluation and main

risks

Women status in project area are relative good, there is no gender restriction. Although women seldom participate in the decision of public affairs, they can express their opinion by

different kinds of ways (like male members in family).

~ 118 ~


A-Women Analysis in Rural Project Area B-Women Gender Analysis in Resettlements

Gender problems Stake /risks Project influence Slow down

measures

1 Land, property and compensatio

n rights

Women’s land or

property or compensation right will be

deprived.

Women have same LA, HD, resettlement and

compensation right. Project has no apparent negative

influence on women.

(1) Currency compensation

or improve remained land, and go through

planting structure

adjustment.

2 HD and rebuilding

Women have no right to participate in deciding

or compensatio

n usage.

Women enjoy house property; all family members

decide house rebuilding together. So, women can

participate in choosing homestead, house

construction and the arrangement of makeshift

shelter, etc.

(2) Women have house property of rebuilding

house.

3 Living and livelihood

recovery after LA

Women may be affected more and

get less aid.

All APs lost part of land, so, the just loss part income. Usage of compensation is

decided by APs themselves. Only HHs affected seriously

need change income resource. Apart from

currency compensation, project will provide auxiliary

measures to help APs to recover income (such as,

give priority to employment during construction process, skill training and late-stage

support, etc.).

(1) Women will get LA

compensation; (2) In skill training, women

account for at least 50%; (3)

During construction

period, women can get at least

unskilled occupation.

4 Increase of gender

inequality

Resettlement may lead to

heavier burden or

less chances.

Lead no gender inequality, and to many families,

resettlement influence is not serious.

Land loss and sufficient compensation will help women change planting structure (like plant more

economic crops), and it will increase women’s income.

Monitoring

5 Social network

Damage of social

network.

Project has no serious influence on social network. No influence

6 Health Health Project has no serious Provide aid

~ 119 ~


A-Women Analysis in Rural Project Area

influence/ increase

social problems

problems or social

problems (violent,

AIDS, etc.) because of

resettlement pressure.

influence on production. But some households affected seriously and vulnerable groups have problems.

with Civil Affairs

Department

~ 120 ~


Annex 5 Heilongjiang Provincial Human Resources and Social Security Department "Related Notice on the landless Farmers Participating in the Basic old-age Insurance for Urban Enterprise Workers "

~ 121 ~


~ 122 ~


~ 123 ~


Annex 6Resettlement Information Booklet1. Project Overview

In response to resources, environment and ecology, the real demand of

people's livelihood and economic development in Mudanjiang City, as well as

to improve the current situation of urban public transport which is relatively

backward, the government of Mudanjiang City intends to loan from the WB,

carry out the Mudanjiang Cold Weather Smart Public Transportation System

Loaned by WB.

According to the feasibility study report, the project is divided into four

sub-projects: the integrated public transport corridor sub-project, the public

transport infrastructure sub-project, the intelligent transportation systems, the

institutional capacity building sub-project. The specific content of the project

for:

Design and construct integration on five selected bus corridor, including

bus lanes, bus stops, and intersection widening and drainage of integrated

transformation, bus priority traffic signal control system, the transformation of

the corridor along the street entrances, pedestrian crossing system

improvement, reduction facilities, parking planning and management.

On the basis of intelligent transportation systems in Mudanjiang city on

the expansion and depth of integration, build “a data center, three large

business platforms, and eleven business systems.” It covers transportation

comprehensive monitoring, signal control, illegal automatic recording,

intelligent transportation scheduling, dispatching emergency transportation,

public transportation information services and so on.

Complete the design and construction of bus station, bus hub, surrenders

courts and other public infrastructure.

Total investment of the project of intelligent transportation system in

extremely cold city with the loan from World Bank in Mudanjiang City is CNY

1.23 billion, which the use of World Bank loans $ 100 million and the

remaining part of the money is solved by the government’s matching funds in

Mudanjiang City. Capital for resettlement is about CNY 3815,000, accounts for

0.31% of the total investment.

Mudanjiang City Development and Reform Commission take the lead in

this project. The construction period is 3 years, from 2013 October to 2016

~ 124 ~


December, about 38 months totally.

2. Social ImpactsBenefit area of the project is the whole city, espiaclly the resident in the

urban area.

The project planed to collect rural collective land permanently of 3.05ha

(45.75Mu), affected area mainly concentrated in 3 administrative villages in 2

districs and 2 towns in Mudanjiang, they are Beian Village and Yinlong Village

in Sandaoguan Town in Aimin Distric and Hualin Village in Hualin Town in

Yangming Distric.

Name of sub-

project

Name of

single project

District Town Village

Total farm land (Mu, befor

e LA)

Dry land to be

collected Impact

ratioHa Mu

Construction of first and last

stops

Bada Aimin Sandaoguan

Yinlong 410 0.4

3 6.45 1.57%

Halin Yangmin Hualin Huali

n5,70

01.51

22.65

0.40%

Sub Total 6,110

1.94 29.1

Construction of

maintain factory

East maintai

on factory

in Daqing Road

Aimin Sandaoguan

Bei’an 631 1.1

116.6

52.64%

Sub Total 631 1.11

16.65

Total 6,741

3.05

45.75

0.68%

The project will collect state-owned land of 4.69ha (70.35Mu), among

them: state-owned collected by the construction of Jiangnan Public Transport

Hub Project is state-owned reserving land (land of Niehe Village in Xinglong

Town in Andong District, collected in 2006) of Mudanjiang Economic

Development Zone and National Circulating Economy Pilot Park

(Development Park for short), 4.29ha ( 64.35 Mu in total), and is transferred

for free; state-owned collected by the construction of first and last stops of

public transport in Fujiang Road is state-owned reserving land (land of

Dongjiang Village in Xinxing Street in Yangming District, collected in 2010) of

~ 125 ~


second phase of Dongsi Kuajiang Bridge, 0.4ha ( 6 Mu in total), and is

transferred for free.

~ 126 ~


The project involves no temporary LA.

The project involves no construction demolition.

The project affected 26 HHs, 102 persons in total, all of them are Han Nationality, and all of them are caused by LA; the project

involves no HD.

Name of sub-project

Name of single project

District Town Village

Affected HHs (per HH) APs (per person)

Total

Among：vulnerable familyTota

l

Among: female

population

Female ratioVulnerabl

e familyVulnerable people Type

Construction of first and last

stops

Bada Bada Aimin Sandaoguan 3 0 0 N/A 13 6 46.15

%

Halin Halin Yangmin Hualin 18 1 1

Elderly,

insured

69 33 47.83%

Sub Total 21 1 1 N/A 82 39 47.56%

Construction of

maintain factory

East maintaion factory

in Daqing Road

Aimin Sandaoguan Bei’an 5 0 0 N/A 20 11 55.00

%

Sub Total 5 0 0 N/A 20 11 55.00%

Total 26 1 1 N/A 102 50 49.02%

~ 127 ~


In the 26 AHs, there is one family (Hua Lin town Hua Lin village, 3.8% of

the total affected HHs) received the government minimum living guarantee.

This vulnerable family is the elderly and low-income family. The project will

provide vulnerable HH extra help.

Among the population of APs in investigation, there are 50 women,

account for 49.02%. In farm family by LA, there is no single women labor

household caused by divorced, abandoned or widowed.

Affected attachments including: 13 cement electric poles, 8 wooden

electric poles and 35 sporadic seedlings.

3. Resettlement Law and Policy ObjectivesThe basic purpose of Resettlement Policy Framework is to ensure the

resettlement planning and implementation complies with the WB operational

policy OP4.12. Meanwhile, any LA and resettlement activities in this project

will comply with a number of laws and regulations of country, Heilongjiang

Province and Mudanjiang City, the specific policy framework shown in table

below.


State and central

ministries

"Property Law" 2007.10.1"Land Administration Law" 2004.8.28

"PRC Land Administration Law Implementing Regulations" (State Council Decree No. 256) 1998.12.27

"State-owned land on the housing levy and Compensation Ordinance" (State Council

Decree No. 590)2013.1.21

"State-owned land on the housing levy assessment approach" (housing [2013] No. 77) 2013.6.7

"The State Council on Deepening the Reform strict land management decisions" (Country

[2004] No. 28)2004.10.21

"On improving land compensation and resettlement, the guidance system" (MLR

[2004] No. 238)2004.11.3

"State Council on strengthening the regulation of land issues related to notice" (Country [2006]

No. 31)2006.8.31

"Resources on work to develop standards and annual output value of land Area unified

comprehensive land work notice" (National Land and Resources Bureau [2005] No. 114)

2005.7.23

"The State Council General Office of the Ministry of Labor and Social Security

employment of landless farmers do a good job

2006.4.10

~ 128 ~



training and social security work guidance notice" (Country [2006] No. 29)

"LA Announcement approach" (Ministry of Land Order No. 10) 2002.1.1

Heilongjiang Province

"Heilongjiang Land Management Regulations" 2000.1.1"Heilongjiang Provincial Urban Housing Demolition Management Regulations" 2002. 3.1

Heilongjiang Province, the implementation of "The People's Republic of China State-owned land use right transfer of urban and transfer of

the Provisional Regulations" approach, the Heilongjiang Provincial People's Government

Order [1992] No. 11

1993.1.1

"Landless farmers in Heilongjiang Province Pension Insurance Interim Measures" (BMA

black hair [2008] No. 64)2008.9.5

Heilongjiang Provincial Department of Housing and Urban-Rural Construction Department on

the issue of the "state-owned land on the housing levy and Compensation Ordinance"

relevant implementing provisions of the notice (black housing [2011] No. 11)

2011.3.30

"Heilongjiang levy Integrated Land Implementation Measures (revised version)"

(Heilongjiang provincial government [2011] No. 51)

2011.7.18

Mudanjiang city

Mudanjiang Municipal People's Government on the land area in the city's comprehensive land

price adjustment notice2010.12.31

Mudanjiang City collective land compensation standards for ground attachments Measures 2011.10.19

Mudanjiang Mudanjiang Municipal People's Government on the issuance of state-owned

land on the urban residential housing levy removal, temporary relocation standards

(provisional) notice

2011.4.12

Word Bank

Operational Policy OP4.12 "involuntary APs" and its annexes 2002.1.1

Business Programs BP4.12 "involuntary APs" and its annexes 2002.1.1

According to the laws, regulations and policy documents of Chinese

government and WB, the compensation and rights principle of the project is to

ensure resettlements can gain sufficient compensation and aid measures, and

recover their living and livelihood level to that before LA. Specific details

shown below:

~ 129 ~


Principle1 If possible, avoid involuntary immigration.

2 Compensation and rights APs get can at least maintain the living level before LA and improve if possible.

3 No matter APs have legal rights or not, they will get compensation and resettlement aid.

4 If APs’ land after LA cannot make ends meet, provide currency or compensate for land, and put forward other activities to recover income.

5APs have sufficient knowledge about qualifications, compensation

manner and standards, livelihood and income recovery schedule, project time arrangement, and participate in implementation of RAP.

7 Implementation agency and independent agency will monitor the operation of compensation and LA.

8

Voluntary group get special aid or treatment, to ensure they can live better, and all APs should have chance to benefit from the project. Each

resettlement family has 2 family members get skill training, at least 1 female.

9 RP should in accordance with layout plan of affected village, town, city (district, county)

10 Resettlement fee should be fully used and all covered all aspects.

The deadline of definition for compensation qualification is 1st Oct. 2013.

After the feasibility study gets through, the deadline will be told to the public.

APs’ newly cultivated land, newly built houses or settled in affected area after

deadline will not be considered in compensation range. Any construction or

trees just for extra compensation will not be calculated.

4. Resettlement ProgramAccording to the latest landless farmers’ policy of compensation and

resettlement of Mudanjiang City and combined with the scope of the project

and the expected resettlement of landless farmers, we should implement the

social security placement.

A. Land Compensation RelocationAccording to estimates, the permanent LA compensation expenses

totaled CNY 1.6156 million, and in which CNY 1.5623 million is land

compensation fees, ground attachments and young crops compensation fee

is CNY 53,300. According to regulations, 70% of the land compensation fee

paid directly to the affected farmers. After the affected HHs obtain land

compensation fee, these compensation funds will be used to recover their life.

According to the survey, the affected people will take advantage of LA

compensation fee to increase agricultural production technology, expanding

transportation, services and HH sideline production which can benefit from the

~ 130 ~


new opportunities. The remaining 30% of the land compensation fees will be

paid directly to the affected village collective, the village collective will

establish special accounts, and use the funds for the village's infrastructure

and establishment of village collective enterprises, employment training and

holding subsidies for landless groups. Young level ground attachment

compensation fees will be directly compensated to their owners.

Affected Villages

Requisition number (mu)

Nature of the land

Compensation (ten

thousand CNY)

Compensation object

Hualin Village 22.65

Collective land

(agricultural land)

Total：57.38



Yinlong Village 6.45

Collective land

(agricultural land)

Total：32.25



Beian Village 16.65

Collective land

(agricultural land)

Total：66.6



B. Social Insurance for Landless Farmers Since there is not yet farmers pension insurance measures, Mudanjiang

City currently implementation the policy of Heilongjiang Provincial Human

Resources and Social Security Department "on the landless farmers to

participate in the basic old-age insurance for urban enterprise workers related

issues notice" (HRS[2012] No. 61) to resettle those landless farmers.

According to introduction, the number of landless farmers to participate in

the basic old-age insurance for urban enterprise workers is calculated with the

calculation unit of village. The concrete number will be issued by Mudanjiang

Land Resources Bureau. The calculation method is as below:

The number of landless farmers to participate in the basic old-age

insurance for urban enterprise workers requisition = acquisitioned arable land

area / average arable land area per capita

~ 131 ~


After land acquisition, Mudanjiang Municipal Land Resources Bureau will

identify the landless farmers to participate in the basic old-age insurance for

urban enterprise workers, land use unit will pay insurance fee for these

landless farmers at the rate of 62,370 yuan per landless farmer. Affected

Village committee will convened all villagers to discuss who can be taken as

“landless farmer”, basically according to villagers’ affected degree and other

factors. The proposed list of insured persons will be twice publicly displayed

so as to collect villages’ suggestion. After payment, the qualified landless

farmers (male over 60 years and women over 55 years) can receive the basic

pension. The standard of it in Mudanjiang city of 2013 is about 500 yuan per

person per month. The specific amount of each person need to be calculated

according to a complicated calculation formula. The standard of the pension

for landless farmers will be adjusted according to the adjustment of urban

minimum living standard.

C. Other Supportive Policies and MeasuresFarmers lost their land and the sources of production and living in the

urban part. In order to make the farmers' production and living standards to

recover better and faster and find a long-term source of income for life, the

Government takes positive and effective measures to provide some

employment guidance to help farmers to improve production and employment

levels. The village collective should use the land compensation to set up

village collective enterprises to provide jobs for the farmers, meanwhile do

gather production technology and employability training targeted to help

farmers improve agricultural production skills and employment abilities, thus

helping effectively restore production and living levels of the landless farmer

families.

Firstly, prepare certain special funds to analyze the employment

aspirations and educational levels of farmers on the requisitioned land.

Combine the job training with the employment needs of enterprises around

and organize pre-employment vocational training for the farmers on the

requisitioned land in a planned and orderly way.

Secondly, combined with the actual economic condition, develop the

greenhouse vegetable cultivation. Targeted provide greenhouse cultivation

technology training to farmers whose land is requisitioned to improve their

level of agricultural production, thereby increasing their incomes.~ 132 ~


Thirdly, actively develop jobs around the village. Give priority of the

village jobs to the vulnerable groups especially women such as the families on

the requisitioned land in poor economic conditions, cultural and physical

disadvantaged.

Fourthly, solve the landless farmers’ difficulties in production and life by

the strength of village, helping to restore their production and living levels as

quickly as possible.

5. Compensation Standards

Effect type Obligee

The number

of Obligee

Compensation policy Compensation Standard

Collective land

expropriating

(1) Village

collective(2)

Affected contracto

r

26 HHs，1

02 People

Compensation for LA costs by sign area piece price compensation, young and fixtures compensation fee of two charges. Constitute expropriation land price compensation including "land expropriated agricultural resettlement subsidies" and "land compensation fees"; In accordance with land area price access the land compensation fees, 70% personal contract HHs, 30% is owned by village collectives in the village for infrastructure construction To obtain compensation for young crops; To obtain opportunities of training and employment, take measures to make its business income does not reduce; First hired by businesses.

Yinlong villag：CNY

50,000 per muHualin

village：CNY 25,333 per mu

Beian village：CNY 40,000 per muYoung crops

Compensation fees：CNY 800 per mu

State owned land

The owner of accessori

es

In LA, if they are affixed, the compensation to the owners compensation appendages fee.

Items attached to land

Property

Property unit is responsible for recovery To obtain Monetary compensation

Details in table 7-2

~ 133 ~


Other support

Disadvantaged group

During the project implementation, encourage the vulnerable groups to participate in the project, the adverse effects on vulnerable groups recognition project life cause, and to develop mitigation measures. According to the related policy in Mudanjiang City, the poor families fix low living conditions can apply for the rural subsistence under the help of township government. To have labor ability, development township and village committee jobs, for simple jobs, give priority to the vulnerable groups have employment to help its own ability’s construction. Extraction of 200,000 CNY from the project cost, to support the reality and potential vulnerable groups.

6. Implementation InstitutionsInstitutions involve in the project are: The leading team of MCWSPTS,

PMO of MCWSPTS, Land Administration Bureau of Mudanjiang city (area),

Involved Villagers committees in LA, Design and research institute,

Immigration independent monitoring agency, etc. Early stage preparation is

leaded by DRC. Organization chart is shown below:

~ 134 ~


7. Grievance ProcedureDuring the preparation and implementation process of RAP, public

participation is encouraged, so great disputes may not occur. But some

unforeseen problems may occur during the whole process. In order to solve

the problem effectively, ensure the success implementation of the project

construction and LA, project office has established a transparent and effective

complaint and grievance procedure. Basic grievance procedure is following:

Stage 1: If APs feel dissatisfied with RAP, they can put forward an oral or

written complaint to the village committee; if it is an oral complaint, it should

be handled and kept as written record by the village committee. Village

committee should solve it in two weeks.

Stage2: If APs still fell dissatisfied with the decision of the stage 1, they

can put forward grievance to county PMO after receiving the decision. And

county PMO should solved it in two weeks.


they can put forward grievance to district people's government after getting

the decision. And it should be solved in 20 days.


~ 135 ~


they can put forward grievance to city project IA after receiving the decision, or

they can go to the civil court according to the Civil Procedure Law.

APs can put forward grievance in any terms, including compensation

rates and so on. Grievance procedure and channel mentioned above and the

name, location, person in charge and telephone number of related

departments will be told to APs by manners such as meeting, notices and

issuing of information booklet to ensure APs fully understand their right of

grievance and how to conduct it. At the same time, multi-media will be used to

strengthen the publicity, and opinion and suggestions from all terms will be

arranged to information advocacy, then researched and handled in time by

resettlement agency at all levels.

All agencies will accept complain and grievance of APs at free,

reasonable fee because of these activities will be paid by contingencies of the

total budget. During the whole construction process, the grievance procedure

will be effectively to ensure APs can use it to solve relevant problems.

8. Contact Information

Construction Unit Early Stage Section of Mudanjiang DRC Linkman Section Chief Liu

Contact Number 0453-6171284E-mail [email protected]

~ 136 ~


Annex 7 Announcement of the Disclosure of “Resettlement Action Plan and Due Diligence Report” and “Social Assessment Report” of MCWSPTS

~ 137 ~

documents.worldbank.orgdocuments.worldbank.org/curated/ru/3310014680288035… · Web...

Documents

Transcript of documents.worldbank.orgdocuments.worldbank.org/curated/ru/3310014680288035… · Web...