World Bank Loan Supporting Project Shaanxi Small Towns Infrastructure Project Resettlement Action Plan The Foreign Loan Supporting Project Management Office of Shaanxi Province March 2014 Contents



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Resettlement Action Plan of the WB-supported Shaanxi Small Towns Infrastructure Project


RP1594 V1 REV


World Bank Loan Supporting Project

Shaanxi Small Towns Infrastructure Project

Resettlement Action Plan

The Foreign Loan Supporting Project

Management Office of Shaanxi Province

March 2014

Contents

Foreword 4

Commitment Letter 7

1. Project description 8

1.1 Project background 8

1.2 Overview of project and construction affect 10

1.3 Socioeconomic situation of the project area 28

2. Project Impact 46

2.1 The definition of project impact 46

2.2 General project affect 47

2.3 Evaluation of project impact 72

2.4 Survey on sensitive points of the project 73

3. Legal Framework 78

4.  Compensation Standards 85

5. House Relocation and Income Restoration 92

6. Resettlement Budget and Financing Plan 100

7. Institutional Arrangements 114

8. Information Disclosure, Consultation, and Participation 116

9. Grievance Redress Mechanisms 120

10.  Monitoring and Evaluation 123

Appendix I: Basic data of sample households at sample villages 130



Contents of Figures and Tables

Table 1 Selected project towns 8

Table 2 Construction contents 14

Table 3 Estimated investment 16

Table 4 Construction contents of project 19

Table 5 basic data if sample villages 33

Table 6 Basic data of the 1090 affected sample households 35

Table 7 Comparison of income between affected area and other places in 2012 36

Table 8 Interviews and seminars 39

Table 9 Form of questionnaire 42

Table 10 Village, town of the affected county/district 48

Table 11 Overview of poverty status of project counties/district(2013) 49

Table 12 name list of vulnerable group 50

Table 13 Construction Contents for Yanlaing 53

Table 14 Construction Contents forXunyi 54

Table 15 Construction Contents for Chunhua County 56

Table 16 Construction Contents for Wugong County 59

Table 17 Construction Contents for Chengcheng County 61

Table 18 Construction Contents for Yintai District 63

Table 19 Construction Contents for Chencang District 66

Table 20 Construction Contents for Hantai District 68

Table 21 Construction Contents for Hanyin County 70

Table 22 Annual output value of plants of Yangzhuang 73

Table 23 Annual output value of plants of Yangjiaying 73

Table 24 Data of sensitive points 74

Table 25 Cutural and religious sites in the project area 74

Table 26 Differences between WB’s and China’s policies 83

Table 27 Annual output value and compensation standard for farmland 86

Table 28 Housing standard of the project area 87

Table 29 Skill Training Plan (from July 2014 to the completion of the project) 94

Table 30 Timetable for resettlement and rehabilitaiton 97

Table 31 Matrix of affected persons’ compensation rights and relocation policy 98

Table 32 basic fee of LA&R of Chencang 101

Table 33 basic fee of LA&R of Chengcheng 102

Table 34 basic fee of LA&R of Chunhua 103

Table 35 basic fee of LA&R of Hantai 104

Table 36 basic fee of LA&R of Hanyin 106

Table 37 basic fee of LA&R of Tongchuan 107

Table 38 basic fee of LA&R of Wugong 108

Table 39 basic fee of LA&R of Xunyi 109

Table 40 basic fee of LA&R of Yangliang 110

Table 41 total fee of LA&R 112

Table 42 Procedure of Information Disclosure 118

Table 43 Adoption of villagers’ feedback 119

Table 44 Registration form of grievance and appeals about resettlement 122

Table 45 Monitoring on compensation of Shaanxi Small Towns Infrastructure Project 127

Table 46 basic data of sample households in Yanliang, Xian 130

Table 47 basic data of sample households in Xunyi, Xianyang 130

Table 48 basic data of sample households in Chunhua, Xianyang 130

Table 49 basic data of sample households in Wugong, Xianyang 131

Table 50 basic data of sample households in Chengcheng,Weinan 131

Table 51 basic data of sample households in Yintai, Tongchuan 132

Table 52 basic data of sample households in Chencang, Baoji 132

Table 53 basic data of sample households in Hantai, Hanzhong 133

Table 54 basic data of sample households in Hanyin, Ankang 133



Figure 1 Towns of the project 9

Figure 2 Chenghuang Temple of Wugong, Tai Tower of Xunyi, Hantai Mosque 76

Figure 3 Fund flow 100

Figure 4 Institutional arrangements 114

Figure 5 Public Consultation in the Affected Village by the Staff of the Project Office 117

Figure 6 Public consultation with women in Yintai District, Tongchuan City 118

Figure 7 Public consultation at Wugong town, Wugong County 118

Figure 8 Appeal and lawsuit agencies and procedure 120



Foreword

I. Purpose of preparing this resettlement action plan

The resettlement action plan (RAP) is prepared in accordance with the applicable laws of the People’s Republic of China and local regulations and a series of provisions in the Bank Operational Policy OP4.12 Involuntary Resettlement for the purpose of “developing an action plan for resettlement and restoration for the people affected by the project, so that they benefit from the project, their standard of living is improved or at least restored after the completion of the project”.

II. Definitions of terms

Displaced persons

Based on the criteria for eligibility for compensation, “Displaced Persons” may be classified in one of the following three groups:



  1. those who have formal legal rights to land (including customary and traditional rights recognized under the laws of the country);

  2. those who do not have formal legal rights to land at the time the census begins but have a claim to such land or assets—provided that such claims are recognized under the laws of the country or become recognized through a process identified in the Resettlement Plan; and

  3. those who have no recognizable legal right or claim to the land they are occupying.

Persons covered under paragraphs 2(a) and (b) are provided compensation for the land they lose, and other assistance. Persons covered under paragraph 2(c) are provided resettlement assistance in lieu of compensation for the land they occupy, and other assistance, as necessary, to achieve the objective set out in this policy, if they occupy the project area prior to a cut-off date established by the borrower and acceptable to the World Bank. Persons who encroach on the area after the cut-off date are not entitled to compensation or any other form of resettlement assistance. All persons included in paragraph 2(a), (b), or (c) are provided compensation for loss of assets other than land.

III. Compensation and resettlement measures

To address the following impacts of the involuntary taking of land: (i) relocation or loss of shelter; (ii) loss of assets or access to assets; or (iii) loss of income sources or means of livelihood, whether or not the affected persons must move to another location, a Resettlement Plan or a resettlement policy framework shall be prepared to cover the following:

(a) The Resettlement Plan or resettlement policy framework includes measures to ensure that the displaced persons are:

(i) informed about their options and rights pertaining to resettlement;

(ii) consulted on, offered choices among, and provided with technically and economically feasible resettlement alternatives; and

(iii) provided prompt and effective compensation at full replacement costi, for losses of assets attributable directly to the project.

(b) If the impacts include physical relocation, the Resettlement Plan or resettlement policy framework includes measures to ensure that the displaced persons are:

(i) provided assistance (such as moving allowances) during relocation; and

(ii) provided with residential housing, or housing sites, or, as required, agricultural sites for which a combination of productive potential, locational advantages, and other factors is at least equivalent to the advantages of the old site.

(c) Where necessary to achieve the objective of the policy, the Resettlement Plan or resettlement policy framework also includes measures to ensure that displaced persons are:

(i) offered support after displacement, for a transition period, based on a reasonable estimate of the time likely to be needed to restore their livelihood and standards of living;

(ii) provided with development assistance in addition to compensation measures described in paragraph 4(a)(iii), such as land preparation, credit facilities, training, or job opportunities.

Cut-off date: means the date of publication of the bulletin of land acquisition and relocation in this project. After this date, the displaced persons shall not build, rebuild or expand their houses; shall not change the uses of their houses and land; shall not lease their land, lease, sell or purchase their houses; and any person that moves in after this date shall not qualify as a displaced person.

Commitment Letter

World Bank Loan Supporting Project Shaanxi Small Towns Infrastructure Project involves resettlement. Therefore, in order to gurantee relocated persons’ basic rights, to make the relocated persons’s life and production level recover or rise, the RAP is formulated according to World Bank’s involuntary resettlement policy (OP4.12) and relevant national an dlocal laws as the policy of resettlement of the project.

Shaanxi Provincial Government supervises the RAP and agrees to implement the resettlement according to the RAP, to make sure the resettlement fee paid in full amount and in time, to compensate the affected persons reasonably and resettle them. Shaanxi Provincial Government entrusts the Foreign Loan Supporting Project Managemetn Office of Shaanxi Province to coordinate the four districts and five counties to deal with the relevant implementation and management of resettlement related to World Bank Loan Supporting Project Shaanxi Small Towns Infrastructure Project.

_________________ (signature

_________________

(date)

1. Project description


1.1 Project background


  1. In order to carry out the Guanzhong-Tianshui Economic Development Zone Plan approved by the State Council and to propel the development of rural and urban area in Shaanxi, and to search for a urbanization way suitable to our country, Shaanxi Province will implement WB-supported Small Town Infrastructure Project, whose purpose is to improve the socioeconomic development of small towns. With the example of these small towns, the project tries to cultivate new growth point of urban economy, to optimize the scientific urban planning and a rational layout, to transfer more rural surplus labor force, to improve the province's urban infrastructure construction level, to promote the urban industrial development, to further utilize the Economic Zone urban system, and to coordinate urban and rural development. The principle of the project is to set an example, to take towns in Guanzhong as emphasis, and to consider the small towns in south Shaanxi. The standard of choosing the project town is as follows:

(I) Key towns with a certain size of population, industry; urgent municipal needs such as roads, water supply and drainage, and highly correlated with Township development planning.

(II) With the principle of a high degree of relevance of the project; to demand urgent implementation time in line with the project.



(III ) Good industrial base, location and traffic conditions, development potential, population absorptive capacity and theindustrial town with capacity of radiation, commerce city and tourism town;

  1. According to the above criteria, project implementation towns are selected as follows:

Table 1 Selected project towns

city

County/district

Project town

Xian

Yanliang

Wutun

Baoji

Chencang

Guo

Qianwei

Xianyang

Xunyi

Chengguan

zhitian

Chunhua

Run

Wugong

Wugong

Weinan

Chengcheng

Chengguan

Tongchuan

Yinta

Chenlu

Beicheng

Hanzhong

Hantai

Pu

Ankang

Hanyin

Chengguan

Figure 1 Towns of the project

  1. As the above figure shows, the Small Towns Infrastructure Project chooses nine counties and districts in 7 cities as project implementation area. The 12 project towns (subdistricts) are Wutun town of Yanliang district in Xian city; Chengguan town and Zhitian town of Xunyi county , Run town of Chunhua county, Wugong town of Wugong county in Xianyang city; chengguan town of Chengcheng county in Weinan city; Chenlu town and Beicheng town of Yintai district in Tongchuan; Guo town and Qianawei subdistrict of Chencang district in Baoji,; Pu town of Hantai district in Hanzhong city; and Chengguan town of Hanyin county in Ankang city. The project towns are mainly county towns and members fo “a hundred towns in Guanzhong”. The project mainly chooses the towns within Guanzhong-Tianshui Economic Development Zone, but also some towns in south Shaanxi considering that examples to the province and the differences between towns in south and middle Shaanxi. The project will make use of fund and experts from World Bank to improve the infrastructure in the key towns and county towns and to set an example for town construction in Shaanxi.

  2. The construction of the project is two kinds: traffic infrastruction and water supply and drainage system, involving road construction, channel digging, water supply and drainage pipeline layout or relayout, which will affect local people’s life. In order to define relocation affect and to avoid as far as possible, FL_PMO entrusts Project Assessment Center of Shaanxi Academy of Social Sciences to work out the RAP of Shaanxi Small Towns Infrastruture Project. RAP wil base on the field survey, public consultation and participation.



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