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Resettlement Plan

April 2019

People’s Republic of China: Qinghai Haidong Urban-Rural Eco Development Project Prepared by Haidong Municipal Government for the Asian Development Bank. This is an updated version of the resettlement plan posted in June 2016 available on https://www.adb.org/projects/documents/prc-qinghai-haidong-urban-rural-eco-dev-jun-2016-rp

CURRENCY EQUIVALENTS (As of 25 April 2019)

Currency unit – Chinese Yuan (CNY)

CNY1.00 = $0.1486 $1.00 = CNY6.7303

ABBREVIATIONS

ADB – Asian Development Bank AP – affected person LRB – Land and Resource Bureau PMO – project management office RO – resettlement office RP – resettlement plan

WEIGHTS AND MEASURES

mu – 0.006 ha

This resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. Your attention is directed to the “terms of use” section of this website. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.

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1. Project Overview 1. This Updated Resettlement Plan should be read in conjunction with the agreed Resettlement Plan (RP) for the Qinghai Haidong Urban Rural Eco Development Project dated June 2016 available at https://www.adb.org/sites/default/files/project-document/185154/48102-002-rp-01.pdf. The agreed RP will still apply to other components, unless/until (if required) updates have been prepared for those components. 2. This updated RP only covers the batch 1 components for which DMS has been completed on basis of detailed design, which includes (i) Ping’an WWTP Water Reclamation Work (Phase 2) Component, and (ii) and Ledu Landfill Reconstruction and Expansion Component. The updated RP for the remaining components under the Qinghai Haidong Urban Rural Eco Development Project will be submitted to the Asian Development Bank (ADB) for review and concurrence once final design and DMS data become available. Table 1 below lists the components covered in the June 2016 RP and those components that are covered in this updated RP.

Table 1: Components covered in this updated RP

Component Subcomponent (as per the draft RP 2016)

Whether covered in this updated RP

Huangshui River Rehabilitation Huangshui River Ping’an segment No Huangshui River Ledu non-urban segment

No

Binhe River shelter forest construction

No

Yizhou ecological wetland No Eco-environment Protection and Restoration Mountain boundary shelter forest

construction No

Rural Water Supply and MSW Management Infrastructure Construction

Ping’an WWTP and Water Reclamation (Phase 2)

Yes

urban-rural water supply No Ledu landfill Yes

2. Final Design and Minimization of LAR Impacts 3. The final design of (i) Ping’an WWTP Water Reclamation Work (Phase 2) Component and (ii) and Ledu Landfill Reconstruction and Expansion Component was completed in July 2018. Design Institute and Implementing Agencies made best efforts to avoid and/or minimize the LAR impacts during design stage. See the LAR impact changes in table 2 for details. See the sites of these two components in figure 1 and 2.

Table 2: LAR impacts in FSR and the Final Design Stage

NO. Components FSR (original RP in June 2016)

Final Design (updated RP in October 2018)

Efforts to Minimize the LAR Impacts

1

Ping’an WWTP Water Reclamation Work (Phase 2)

Involve the permanent acquisition of 6.22 mu of land, all being irrigated land. Affecting 10 HHs with 35 persons in Dongying Village in Ping’an Town of Ping’an District

Involve the permanent acquisition of 11.92 mu of land, including 5.04 mu irrigated land and 6.88 mu barren hill. Affecting 3 HHs with 12 persons in three villages (Dalu, Shangzhuang, Nancun) in Ping’an Town of Ping’an District

i. Optimize the locations of pumping stations to minimize LAR impacts;

ii. Decrease the occupation of irrigated land through using more barren land.

2 Ledu Landfill Reconstruction and Expansion

Involve the permanent acquisition of 120 mu of collective land, all being wasteland in Qilidian Village, Nianbo Town of Ledu District, without any person affected.

Involve the permanent acquisition of 11.44 mu of collective barren land, all being wasteland in Qilidian Village, Nianbo Town of Ledu District, without any person affected.

i. Recheck the project scope and LAR impacts as per the final design; ii. Insist to use barren land for construction to avoid livelihood impacts to any households.

Source: Ping’an and Ledu sub-PMOs, DMS agency-Junbo Real Estate Appraisal Com, ltd.

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4. See changes of LAR impacts for these two components in table 3.

Table 3: Changes of Land Acquisition Impacts Ping’an WWTP Water Reclamation Work (Phase 2) Ledu Landfill Reconstruction and Expansion RP Acquired

land area (mu)

Affected Household

Affected Persons

Vulnerable Group

Acquired land area (mu)

Affected Household

Affected Persons

Vulnerable Group

Original RP (June 2016)

6.22 10 35 8 HHs with

12 persons 120 0 0 0

Update RP (April 2019)

11.92 3 12 1 HHs with 1 persons

11.44 0 0 0

Difference +5.7 -7 -23 - 7 HHs with 11 persons

-108.56 0 0 0

Source: Ping’an and Ledu sub-PMOs and DMS Agency

Figure 1: Site of the Ping’an WWTP Water Reclamation Work (Phase 2)

Figure 2: Site of the Landfill in Ledu District

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3. Project Impacts

3.1 Permanent Land Acquisition

5. According to the final design and detailed measurement survey (October, 2018), Ping’an WWTP Water Reclamation Work (Phase 2) component will acquire 11.92 mu land, including 6.88 mu barren land and 5.04 mu cultivated land, one towns and three villages will be involved in the component, with 12 people from 3 households will be affected; of which, the affected household in Nancun Village with one disabled people is identified as vulnerable group.

Table 4: Detailed land acquisition impacts of Ping’an WWTP Water Reclamation Work (Phase 2) component

No. Town Village Name of Head of AH

Land type Area (mu)

APs Remarks

1 Ping’an Dalu Liu Weitu Barren hill 6.88 3

2 Ping’an Shangzhuang Wang Yubao Cultivated land

2.52 3

3 Ping’an Nancun Xing Shengyuan Cultivated land

2.52 6 With one disabled person

Total 1 3 3 / 11.92 12 Source: Ping’an sub-PMO and DMS agency.

6. According to the final design and detailed measurement survey (October, 2018), the Ledu Landfill Reconstruction and Expansion will acquire barren land with an area of 11.44 mu. Since the land is owned by the 3rd Group of Qilidian Village, Nianbo Town in Ledu District and not contracted to any households, no one will be affected.

7. Haidong PMO agreed that a socioeconomic survey of the affected households will be carried out by the external monitoring and evaluation agency before commencement of land acquisition of these two components. The socio-economic profile of the affected households will be included in the baseline survey section of the first external monitoring and evaluation report which will be submitted to ADB for review in June 2019.

3.2 Impacts of Temporary Land Occupation

8. The two components will temporarily occupy 17.7 mu of collective land due to construction facilities, temporary roads, etc., affecting 23 HHs with 70 persons (same as the agreed RP). See Table 5.

Table 5: Summary of Impacts of Temporary Occupation of collective Land

Component / subcomponent

Types Affected

Irrigated land

River flat Subtotal HHs Population

Eco-environment Protection and Restoration

Ping’an WWTP and Water Reclamation (Phase 2)

4.8 3.7 8.5 11 36

Rural Water Supply and MSW Management Infrastructure Construction

Ledu Landfill Reconstruction and Expansion 5.56 3.64 9.2 12 34

Total 10.36 7.34 17.7 23 70 Source: Ping’an and Ledu sub-PMOs and DMS Agency.

4. Legal Framework and Policies 9. The updated RP will apply the policies and compensation standards as per agreed RP. No new policies and regulations has been issued by the Qinghai Provincial government or Haidong Municipal Government. See the land compensation rates in table 6 and the entitlement matrix in table 7. 10. The AAOV rates still reflect full replacement costs in 2019, considering: i) 57.7% of the land to be acquired is barren land, without any outputs and livelihood impacts; ii) the rest farmland to be acquired has

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similar low yields due to continuous poor irrigation conditions in project area. Therefore, the land compensation rates and entitlements below can fully offset losses of affected villager groups and households, as well as improve their income and livelihood levels.

Table 6: Uniform AAOV Rates of the Project Area

Region District Areas

Uniform AAOV (yuan/mu) Amount of compensation (yuan)

Irrigated land

Non- irrigated land

Pasture land

20 times for irrigated land (per capita >0.3 mu)

20 times for non- irrigated land

11 times for pasture land

Huangshui River Valley

Ping’an

1. Ping’an Town: (Xiying, Dongzhuang, Shangzhuang, Dalu, Nancun, Zhangjiazhai,)

2470 1330 215 49400 26600 2365

Ledu Nianbo Town: (Qilidian) 2470 1330 215 49400 26600 2365 Source: Haidong Land and Resources Bureau (the same standard as per agreed RP).

Table 7: Entitlement Matrix Type of impact

Degree of impact

Affected population

Entitlement Compensation rates

Permanent LA

23.36 mu, including 11.92 mu in Ping’an District and 11.44 mu in Ledu District

4 villages in Ping’an District and Ledu District; 3 households with 12 persons in Ping’an District

1) Cash compensation: Timely, full cash compensation will be provided to the groups and households affected by LA. Land compensation will be fully paid to the AHs. 2) Employment: The APs will be eligible for placement to public welfare jobs or jobs offered by industrial enterprises. Employment will help restore their income and living standard. 3) Skills training: A skills training program has been developed for the APs, including agriculture, cultivation, computer, cooking, construction, maternity matron, old-age care, etc. Qualified trainees will receive vocational qualification certificates. Villagers becoming skilled after training may also work outside. 4) Social security: The APs in the Project may be eligible for endowment insurance for urban and rural residents, and endowment insurance for LEFs to secure basic future living.

According to the Notice of the Qinghai Provincial Government on the Promulgation and Implementation of Uniform Annual Output Values and Location-based Compensation Rates for Land Acquisition (QPG [2015] No.61), the compensation rate for irrigated land is 20 times the corresponding uniform AAOV, that for pasture land 11 times, that for woodland is 6 times, and that for unused land one time.

Temporary land occupation

17.7mu

23 households with 70 persons in Ping’an and Ledu districts

1) The period of occupation will be one year and not exceed two years. 2) Construction will usually be conducted after harvest or before sowing to reduce impacts of temporary land occupation. 3) The temporarily occupied land will be restored through

The temporarily occupied land will be compensated for based on the actual period of occupation, and the compensation rate is based on AAOV. The compensation rate for the land occupied temporarily for the Project is 1,040 yuan/mu per annum, and

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Type of impact

Degree of impact

Affected population

Entitlement Compensation rates

consultation with the AHs and village collectives under the supervision of the owner, and land and sources bureau. 4) The compensation rate is 1,040 yuan/mu per annum.

affected seedlings and trees will be compensated for based on the Compensation Rates for Acquired Houses and Attachments on Collective Land in Ping’an District (PDG [2013] No.71), and Compensation Program for Acquired Houses and Attachments on Collective Land in Ledu District (HRACO [2013] No.53).

Vulnerable Groups

1 vulnerable households with 1person in Ping’an district

1) Priority in employment: Vulnerable residents able and willing to work will have priority in receiving jobs generated by the Project or public welfare jobs. 2) Skills training: Skills training on housekeeping, computer, cultivation, stockbreeding, etc. will be offered to vulnerable residents able and willing to work to help them get employed.

5. Income Restoration Plan of affected people

5.1 Land and Income Loss Analyses of Affected Households

11. See the land and income loss analyses of 3 AHs in Ping’an District in the table 8.

Table 8: Land and income loss analyses of 3 AHs

No.

AH Head

Land Contracted and operated (mu)

Lan to be acquired (mu)

Land Loss rate

Income loss rate

Main income restoration measures Remarks

(1) (2)

(3) (4)

1 Mr. Liu WT

5664 6.88 0.12

% Very tiny

Cash compensation

Directly benefited from the component

2 Mr. Wang YB

1030 2.52 0.24

% Very tiny

Cash compensation

Directly benefited from the component

3 Mr. Xing SY

4.2 2.52 60% 15% Cash compensation

free skills training

job opportunities

endowment insurance

6 persons, including 3 labors

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5.2 Income Restoration Measures

12. For the two AHs with very minimal impacts, including Mr. Liu’s and Mr. Wang’s households, cash compensation will be adequate to set off their losses, and their remaining land will be directly benefited from the component of Water Reclamation Work due to improvement of irrigation facilities in project area. Since Mr. Xing’s household is a vulnerable family with 60% loss of land and around 15% loss of income, income restoration measures has been prepared by local government. Based on consultations with Mr. Xing’s household and assessment on their needs, the priorities on restoration measures include: i) cash compensation; ii) free agricultural and nonagricultural skills training; iii) job opportunities to be provided; and iv) endowment insurance. These measures are also the entitlements for other two AHs, if they are willing to participate in during RP implementation. 13. The details are as follows:

(1)Using cash compensation for agricultural restructuring to grow more commercial crops or livestock.

14. Upon analysis and consultation with affected people, the agricultural income restoration measures are as the follows:

Upgrade of low-yield land through improving the soil and earth quality. According to the willingness of the displaced households, the balance un-requisitioned land shall be upgraded to improve the soil quality for the purpose of growing economic crops. In this connection, with an investment of RMB 2000 /mu, there will be additional gross incomes of RMB 1200 /mu each year, and thus the expected additional net incomes after deduction of costs shall be RMB 800 /mu..

Grow economic crops such as, Medicago sativa, and greenhouse. Taking greenhouse plantation as example , the unit average investment in this regard will be RMB 5000 -10000/mu, and thus the expected additional gross incomes shall be RMB 8000-20000 /mu, indicating an annual additional net incomes of RMB 3000-10000 /mu after deduction of costs.

Develop animal breeding such as chicken, cow and sheep. In this regard, sheep are planned for breeding. In terms of costs, the costs are: RMB 400-500 /year for a sheep. Accordingly, the annual additional gross incomes will be RMB 800-1000 /year for sheep. After deduction of costs, the annual additional net incomes will be RMB 400-500 / year for a sheep.

(2) Offering job opportunities at the construction and operation stages

15. APs expressed their interesting in job opportunities. In this regard, Haidong PMO committed to give priority to employing APs for the project generated job opportunities. During project construction of the Ping’an WWTP Water Reclamation Work (Phase 2), it is estimated around 100 unskilled jobs are available, and during operation 20 unskilled jobs with about half for forest cultivation and maintenance and half for greening and cleaning. These jobs will be provided to local villagers with priority given to land acquisition APs. Their preferential treatment shall be implemented according to the provisions of Labor Law. The daily rate will be from 100 to 180 yuan. Affected persons are entitled to receive training program.

(3) Non-farming employment/business

16. The APs also expressed that they are willing to non-farming employment /activities or self-employment business to mitigate their income loss. 17. It is estimated that more than 1000 job opportunities will be directly provided by the project and additional 5000 job opportunities will be indirectly created through attracting of the Haidong Industry Zone, the average salary per moths per labor is more than RMB2000. In terms of small business, they prefer mainly running small shops (Handicraft, traditional goods) or small restaurant (noodle, snack), their anticipated net income is RMB 10000-20000 annually. 18. In addition, public consultation during RP preparation and update also found that women willing to do some handicraft at home, with net income average at RMB2000-5000 per month. Market information and skills about handicraft will be served by company and support by local government.

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(4) Offering free skills training to the APs

19. Based on the above restoration options chosen by the APs, training programs will be designed to meet the specific needs and preferences of APs. A total of CNY 900,000 has been budgeted in the original RP. The affected people shall receive three skill trainings at least before project completion. 20. For the APs that choose agricultural restoration measures, agricultural technical training such as raising chicken and mutton, Medicago sativa plantation and other cash crop plantation will be provided as required. Additionally, training in the form of farmer-back-farmer training will be organized. The farmers with skills in cash crops could be invited to share experiences and skills to the new growers in the same or other villages. It will be useful to organize study tours to other villages for APs who are interested in planting new cash crops. It will either be organized by Haidong PMO directly or by entrusted government agencies such as agriculture bureau, forestry bureau, or women’s federation. 21. For the non-farming employment, skill training will include cooking, house decoration, handicraft production, car repair, and other skills. Training to the APs will be designed according to their final selection of non-farming business. In terms of off-farming training, it will be delegated to labor and social insurance bureau.

Table 9: Summary of Local Skills Training Programs

Training course

Duration Number of trainees

Venue Scope Budget (0,000 yuan)

Funding source

Agricultural skills

2018- 2020

200 Village committees

Cultivation management, and farm product storage and marketing

10

Government training funds

Computer skills

2018- 2020


Basic knowledge and operating procedures

12

Cooking skills

2018- 2020


Basic skills and use of ingredients

15

Old-age care 2018- 2020


Theoretical knowledge and operating skills

15

Maternity matron

2018- 2020


Care of newborns and lying-in women

10

Construction skills

2018- 2020


Basic knowledge, safety awareness and operation

8

Expertise for LEFs

2018- 2020

800 Township governments

Cultivation and stockbreeding

20

Source: original RP agreed by Haidong Municipal Government and ADB.

(5) Allowing eligible LEFs enjoy the endowment insurance for LEFs

22. All the members of Mr. Xing’s HH expressed interest in social insurance. After land acquisition, this HH’s per capita cultivated land is less than 0.3 mu, and is eligible for the endowment insurance for LEFs, and men over 60 years old and women over 55 years old shall start to receive pension from local government. 23. As per i) the Interim Measures of Qinghai Province for Endowment Insurance for Land-expropriated Farmers (QPGO [2012] No.336), ii) Notice of the General Office of the Qinghai Provincial Government on Paying Endowment Insurance Premiums for Land-expropriated Farmers (QPGO [2013] No.23), and iii) the Notice of Further Accelerating the Works on Endowment Insurance for Land-expropriated Farmers Issued by the Office of Haidong Municipal Government (HMGO[2014] No.113) , the process of LEF endowment insurance in project area includes (note: same as original RP):

Target: The person with entitlement of collective farming land contract; and (ii) the adult (age over 18 years old) with per capita remaining land less than 0.3 mu after land acquisition.

Contribution: The endowment insurance fund for LEFs consists of individual contribution, collective subsidy and government subsidy.1) Individual contribution: An LEF will pay premiums for 15 years based on 35% of the local MLS rate for urban residents at a time. For a new LEF, such premiums will be deducted from land compensation fees and resettlement subsidies at a

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time. 2)Government subsidy: A government at or above the county level implementing LA will grant a subsidy to each LEF to be insured at 15% of the local MLS rate for urban residents, to be withdrawn by the local finance department for 15 years from land income at a time. Each insured eligible for receiving pensions will receive a basic pension subsidy of 120 yuan per month from the local government. 3) Collective subsidy: Eligible village collectives may grant a subsidy to the insured as determined by the village committee democratically. The base amount of contribution for new LEFs will be adjusted timely based on the local annual MLS rate for urban residents.

Benefit: The insured will receive pensions monthly from 60 years. The pension will consist of a basic pension and an individual account pension, where the basic pension will be 120 yuan, and the individual account pension will be the balance of the individual account divided by 139 (this is the same as the prevailing factor for the individual account of basic endowment insurance for urban employees).

24. In addition, to guarantee the vulnerable groups livelihood restoration, MLSS will be made available for officially identified poor at any time.

5.3Restoration Program for Temporary Land Occupation

25. The temporarily occupied land will be restored through consultation with the AHs and village collectives under the supervision of the owner, and land and sources bureau. The principles for restoration are as follows:

(1) The AHs will have priority, so that not only the APs will obtain job opportunities to increase household income, but also the quality of land restoration will be ensured. If the AHs or the village collective are/is unwilling to restore the temporarily occupied land itself, such land will be reclaimed by the IA.

(2) Strict measures will be taken during construction to protect surface soil and avoid any irrecoverable impact. During excavation, surface soil (recommended thickness 30-50cm) will be collected and stored separately, and measures taken to prevent water loss and soil erosion. After construction, subsurface soil will be backfilled first, then surface soil will be spread on the surface evenly, and the ground leveled to reduce the impact on the quality of cultivated land. Land that hardens during construction will be plowed immediately after construction to restore the loose state.

26. The temporarily occupied collective cultivated land and woodland will be restored by the construction agency, and compensation will be paid to the affected proprietors.

5.4 Assistance Measures for Vulnerable Groups

27. Mr. Xing’s household is identified as a vulnerable one, and all the measures mentioned above can restore and improve its livelihood levels.

6. Consultation and Public Participation 28. According to relevant policies and regulations of the People’s Republic of China, regional and municipal on land acquisition and resettlement, it is very necessary to conduct public consultation and encourage active participation of affected persons (APs) in project preparation and implementation stages in order to protect the lawful rights and interests of the APs, reduce grievances and disputes, and realize the resettlement objectives properly. Consultation has been fully highlighted during preparing the RP, and organizing implementation. 29. The affected persons were consulted during RP preparation/updating and copies of resettlement information booklets were already provided to them. 30. All the 12 people from 3 households participated in the DMS and public participation and consultation, to update them about the project’s impacts and compensation standards of land acquisition, see details in table 9. The PMO and village officials will continue to consult and inform them of the progress of the project and compensation schedule as presented in Table 10 below.

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Table 10: Public Participation and Consultations during URP (Updated)

Location Date Participants

Number of persons/female

Key topics Main concerns and suggestions received

Measures incorporated in the project design and RP

Dalu October, 2018

Affected persons, sub-PMO, engineering technical personnel, consultants

6(3 females)

Introducing the background, purpose and benefits of the project Explore how to minimize the land acquisition impacts Explain compensation standards of land acquisition in project areas Discuss the measures to restore the income

Minimize the impacts on income and living, and keep project information and resettlement policies transparent

Optimizing the design of the Project and minimize the LAR impacts Disclose the information and conduct public consultation related to land acquisition and compensation in a timely manner

Shuangzhuang October, 2018


6(3 females)

Introducing the background, purpose and benefits of the project Explore how to minimize the land acquisition impacts Explain compensation standards of land acquisition in project areas Discuss the measures to restore the income

APs hope reasonable compensation for the loss of land and assets can be provided fully and timely.

The compensation rates at replacement cost shall be in accordance with the comprehensive land prices issued by Henan Provincial Government, and shall be subject to public supervision. Establishing GRM and independent external monitoring mechanism will be established to supervise and monitor the payment of compensation funds. A fund audit system will be established to ensure that funds are paid in compliance.

Nancun October, 2018


9(5 females)

Introducing the background, purpose and benefits of the project Explore how to minimize the

APs hope effective livelihood rehabilitation measures can be provided effectively after

Various income restoration measures have been incorporated in updated RP

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land acquisition impacts Explain compensation standards of land acquisition in project areas Discuss the measures to restore the income Discuss the assistance measures to vulnerable group

land acquisition; APs hope they can benefit from the project directly.

and consulted with APs.

Table 11: Public Participation Plan for Implementation Stage

Purpose Mode Time Agencies Participants

Topics

LA announcement

Village bulletin board, village meeting

May 2019

Haidong PMO and sub-PMOs, district land and sources bureaus, township and village officials

All APs

Disclosure of LA area, compensation rates and resettlement modes, etc.

Announcement of compensation and resettlement options for LA

Village bulletin board, village meeting

May 2019


All APs

Compensation fees and mode of payment

Verification of DMS results

Field survey May 2019


All APs

1) Checking for omissions and finally confirming DMS results; 2) Detailed list of occupied land and losses of APs; 3) Preparing a basic compensation agreement

Training program

Village meeting

May 2019 – Dec. 2020


All APs

Discussing training needs

Monitoring Villager participation

May 2019 – Dec. 2020

External M&E agency, township and village officials

All APs

1) Resettlement progress and impacts; 2) Payment of compensation; 3) Information disclosure; 4) Livelihood restoration

7. Grievance Redress Mechanism 31. Haidong PMO has established a set of grievance redress mechanism. The content of the grievance redress mechanism is accordance with the agreed RP (Section 7.4). So far, no complaints or appeals related to land acquisition and compensation are received. 32. Since public participation is encouraged during the preparation and implementation of RP, no substantial dispute will arise. However, unforeseeable circumstances may arise during this process. In order to address issues effectively, and ensure the successful implementation of project construction and land acquisition, a transparent and effective grievance redress mechanism has been established.

7.1 Modes of Collection of Grievances and Appeals

33. The main modes include:

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Grievances, resettlement progress and issues from reports submitted by the township resettlement offices;

Construction impacts from construction logs submitted by construction agencies; Coordination issues in LA found by the construction agency through field patrol; Information from the external M&E agency; Letters and visits from APs; Special issues reported during auditing and disciplinary inspection; LA expenses collected from fund disbursement sheets; and Internal monitoring information.

7.2 Grievance Redress Procedure

34. According to the survey, the existing grievance redress channels in the project area are: 1) Villagers may reflect complaints and suggestions to their village committees, which is the main grievance redress channel; 2) Villagers may reflect complaints and suggestions to their town governments or sub-district offices; 3) Villagers may reflect complaints and suggestions to the complaint handling office of the district governments. All APs may maintain their rights and interests through the above channels. 35. A grievance redress mechanism has been established to ensure the successful implementation of resettlement. 36. Stage 1: If any AP is dissatisfied with the RP, he/she can file an oral or written appeal to the village committee or sub-district office orally or in writing. In case of an oral appeal, the village committee or sub-district office shall handle such appeal and keep written records. Such appeal should be solved within two weeks. 37. Stage 2: If the AP is dissatisfied with the disposition of Stage 1, he/she may file an appeal to the Haidong municipal water resources bureau or Ledu/Pingan District Housing Construction Bureau, Ledu/Pingan District Water Resources Bureau, Ledu/Ping’an District Forestry Bureau within one month after receiving such disposition, which shall make a disposition within two weeks. 38. Stage 3: If the AP is still dissatisfied with the disposition of Stage 2, he/she may file an appeal to the Haidong PMO within one month after receiving such disposition, which shall make a disposition within two weeks. 39. If the AP is still dissatisfied with the disposition of Stage 3, he/she may file a suit in a civil court in accordance with the Civil Procedure Law of the PRC after receiving such disposition. At any stage, an AP may bring a suit in a civil court directly if he/she is dissatisfied with the grievance redress procedure or disposition. 40. If any AP may also file an appeal with the Office of the Special Facilitator or Compliance Review Panel of ADB in accordance with ADB’s accountability mechanism1. 41. All grievances, oral or written, will be reported to ADB in internal and external resettlement monitoring reports. 42. All agencies will accept grievances and appeals from the APs for free, and costs so reasonably incurred will be disbursed from the contingencies. At the whole construction stage, the above procedure will remain effective so that the APs can use it to solve relevant issues. The above appeal channel will be disclosed to the APs via the RIB and mass media.

7.3 Scope and Modes of Reply

Scope of reply:

Brief description of grievance; Investigation results; Applicable state provisions, and the principles and rates specified in this RP;

1 For further information, see: http://www.adb.org/Accountability-Mechanism/default.asp

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Disposition and basis; The complainant has the right to file an appeal to the resettlement authority of the next higher

level or file a suit in a civil court at the expense of the owner.

Modes of reply

For any individual grievance, the reply will be delivered directly to the grievant in writing. For any common grievance, a village meeting will be held or a notice given to the village

committee. 43. In whichever mode of reply, the reply materials must be sent to the grievant and submitted to the competent resettlement agency.

7.4 Recording and Feedback

44. During the implementation of the RP, the resettlement agencies should register and manage appeal and handling information, and submit such information to the Haidong PMO, which will inspect the registration of appeal and handling information regularly. See Table 12.

Table 12: Grievance Registration Form Accepting agency: Time: Location:

Appellant Appeal Expected solution Proposed solution Actual handling

Appellant (signature) Recorder (signature)

Notes: 1. The recorder should record the appeal and request of the appellant factually. 2. The appeal process should not be interfered with or hindered whatsoever. 3. The proposed solution should be notified to the appellant within the specified time.

7.5 Contact Information

45. The resettlement agencies will assign dedicated staff members to collect and accept grievances and appeals from the APs. See Table 13.

Table 13: Contact Information for Grievance Redress Agency Name Address Tel

Haidong PMO No.205 Ping’an Avenue, Ping’an District

0972-8611125

Municipal land and resources bureau Liang Dongqing No.231 Ping’an Avenue, Ping’an District

0972-8613246

Ping’an District Land and Resources Bureau

Chen Jian No.231 Ping’an Avenue, Ping’an District

0972-8687384

Ledu District Land and Resources Bureau West Street, Ledu District 0972-8633672

Ping’an District Housing Construction Bureau

Xu Peiwu No.199 Ping’an Avenue, Ping’an District

0972-7696293

Ledu District Water Resources Bureau Yu Changxian No.5 Wenhua Street,Ledu District 0972-8622386

Ledu District Live Built Bureau Shi Tianhong No.11 Binhe South Street, Ping’an District

0972-8629940

Ping’an District Water Resources Bureau Li Qidong No.14 Huangyuan stret, Ping’an District

0972-8611678

Ping’an District Forestry Bureau Zhang Wanqing Ledu street,Ping’an District 0972-8613156

8. Resettlement Budget 46. The resettlement budget of the Ping’an WWTP Water Reclamation Work (Phase 2) Component and Ledu Landfill Reconstruction and Expansion Component costs CNY1.16 million in total, see details in table

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14. The subproject implementation agencies will ensure that adequate resettlement funds are available to address all the resettlement issues that must be settled.

Table 14: Resettlement Budget

Item Unit Rate (1,000 yuan)

Eco-environment Protection and Restoration

Urban-Rural Environment Rehabilitation

Total

Percent Qty. Budget Ping’an WWTP Water

Reclamation Phase II Ledu Sanitary Landfill Expansion

Qty. Budget Qty. Budget

1. Basic costs 1,000 yuan

406.71 50.16 456.9 39.39%

1.1 Compensation for permanent LA

1,000 yuan

11.92 265.25 11.44 27.06 23.36 292.3 25.20%

Irrigated land mu 49.4 5.04 248.98 0 0 5.04 249.0 21.46% Barren land mu 2.365 6.88 16.27 11.44 27.06 18.32 43.3 3.74% 1.2 Endowment insurance for LEFs

1,000 yuan

11.92 132.62 11.44 13.53 23.36 146.2 12.60%

1.3 Temporary land occupation

mu 1.04 8.5 8.84 9.2 9.57 17.7 18.4 1.59%

2. Compensation for young crops and ground attachments (20% of the basic costs)

1,000 yuan

81.342 10.032 91.4 7.88%

3. Administrative costs (2% of basic costs)

1,000 yuan

8.13 1 9.1 0.79%

4. Resettlement planning and monitoring costs

1,000 yuan

101.678 12.54 114.2 9.85%

4.1 Resettlement planning and design costs (10% of basic costs)

1,000 yuan

40.671 5.016 45.7 3.94%

4.2 Resettlement M&E costs (15% of basic costs)

1,000 yuan

61.007 7.524 68.5 5.91%

5. Training costs (1% of basic costs)

1,000 yuan

4.07 0.5 4.6 0.39%

6. Taxes and fees on LA

1,000 yuan

236.29 132.59 368.9 31.80%

6.1 Land occupation tax

mu 16.675 5.04 84.04 0 0 5.04 84.0 7.24%

6.2 Land restoration costs

mu 3.4 5.04 17.14 0 0 5.04 17.1 1.48%

6.3 Land reclamation costs

mu 2.8 8.5 23.8 9.2 25.76 17.7 49.6 4.27%

6.5 Compensation fees for the use of addition construction land

mu 9.338 11.92 111.31 11.44 106.83 23.36 218.1 18.81%

Subtotal of Items 1-6

1,000 yuan

838.2195 206.822 1,045.0 90.09%

7. Contingencies (11% of subtotal of items 1-6)

1,000 yuan

92.204 22.75 115.0 9.91%

8 Total of Items 1-7 1,000 yuan

930.424 229.57 1,160.0 100.00%

9. Resettlement Implementation Schedule

47. The Ping’an WWTP Water Reclamation Work (Phase 2) Component and Ledu Landfill Reconstruction and Expansion Component plan to start construction in June 2019 and finished in June 2020. Handover of land to the contractor will only be done once the Updated RP is satisfactory to ADB and compensation been paid to the affected people. See the resettlement implementation schedule in the table below.

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Table 15: Resettlement Implementation Schedule

No. Activity Agency responsible

Target Timeline Remarks

1 RP preparation stage / /

1.1

DMS Haidong PMO, sub-PMOs, DMS agency, consultants

Affected villages, affected population

Oct. 2018

Completed

1.2

Public consultation Haidong PMO, sub-PMOs, DMS agency, consultants


Oct. 2018

Completed

1.3 RP updating Haidong PMO,

sub-PMOs, consultants

Updated RP Oct. 2018 to Apr. 2019

Completed

2 Information disclosure and public participation

/ /

2.1

Consultation with departments concerned and APs

Haidong PMO, sub-PMOs, DMS agency, consultants

Departments concerned and consulting agency

Oct. 2018

Completed

2.2 Disclosure of the updated RP on ADB’s website

Haidong PMO, ADB

APs, public Apr. 2019

2.3 Disclosure of the updated RP and the RIB to APs

Haidong PMO, sub-PMOs, consultants


Apr. 2019

3 Implementation stage / /

3.1

Signing of LA agreements and payment of land compensation fees

Haidong PMO, sub-PMOs, land and resources bureaus


May 2019

3.2 Income restoration measures

Haidong PMO, township governments


May 2019 to Jun. 2020

3.3 Skills training Haidong PMO,

township governments


May 2019 to Jun. 2020

5 M&E / /

5.1 Baseline survey External M&E

agency Affected villages May 2019

5.2 Internal monitoring

Haidong PMO Semiannual report

From May 2019

5.3 External M&E External M&E

agency Semiannual report

May 2019.02 to Dec. 2020

6 Participation records Haidong PMO / ongoing

7 Grievance redress records

Haidong PMO / ongoing

10. Monitoring and Evaluation 48. Preparation and submission of monitoring reports will be carried out as per agreed RP (please refer to Section 10). The Haidong PMO is using ADB loan to hire a qualified and experienced resettlement agency as the external resettlement monitoring and evaluation agency. The Haidong PMO, and relevant sub-PMOs in Ping’an and Ledu District will take the responsibilities of internal monitoring works, with assistance of resettlement specialist of project implementation consulting.

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10. Associated Facilities and Due Diligence Reviews 49. During project preparation, two subprojects below were identified as the associated facilities, and due diligence reviews had been conducted and attached in original RP.

(1) Ping’an WWTP and Water Reclamation Project (Phase 1)

50. This subproject required 50.4 mu of land, including the permanent acquisition of 24.45 mu of collective land (including 17.55 mu of irrigated land and 6.9 mu of woodland), and acquired the occupation of 25.95 mu of state-owned construction land, affecting 11 households with 49 persons in Dongying Village, Nianbo Town. By the end of October 2015, resettlement had been completed, and LA compensation had been fully paid to the AHs. There was no any pending issues related to LAR of this subproject. See Appendix 4 (Due Diligence Report of the Ping’an WWTP and Water Reclamation Project (Phase 1)) in the draft RP (https://www.adb.org/sites/default/files/project‐document/185154/48102‐002‐rp‐01.pdf. ).

(2) Ledu landfill (Zone 1 and 2) 51. The Ledu landfill is designed in 4 zones, with a gross floor area of 155 mu, a design storage capacity of 1.27 million m3. Zone 1 and 2 have been completed their land acquisition and civil works in 2007 and put into operation, with a floor area of about 2.45×10⁴ m2 and a total capacity of about 850,000 m3. This subproject only involved the acquisition of collective land in Qilidian Village, Nianbo Town, all being wasteland of no economic value, affecting no one. There is no pending issues related to land acquisition and compensation.

qinghai haidong urban-rural eco development project ...€¦ · group original rp (june 2016) 6.22...

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