Resettlement Action Plan of Shenyang Wastewater Treatment Project The Second China Liao River Basin Project by World Bank Loan RP84 v. 3 Resettlement Action Plan for Shenyang Wastewater Treatment Project (Draft) [,H Jo--/>py Shenyang Urban Construction Project Office Shenyang-rap-e-lrbp2 DRaft Jan 24 2002 Resettlement Action Plan of Shenyang Wastewater Treatment Project December 2001 I Shenyang-rap-e-lrbp2 DRaft Jan 24 2002 Resettlement Action Plan of Shenyang Wastewater Treatment Project Table of Contents I PROJECT INTRODUCTION ................................................. 4 1.1 GENERAL INTRODUCTION ................................................. 4 1.2 AREA AFFECTED BY AND BENEFIT FROM THE PROJECT ................................................. 4 1.3 PROJECT APPROVAL ................................................. 4 1.4 DESIGN PROCESS ................................................. 4 1.5 OWNERSHIP AND ORGANIZATION OF THE PROJECT ................................................. 5 2 PROJECT IMPACT .6 2.1 DEFINITION OF AFFECTED PEOPLE BY THE PROJECT .6 2.2 THE GENERAL SITUATION OF COMPONENTS .6 2.3 PROJECT IMPACT. 8 2.4 IMPACT ANALYSIS .17 3 TARGET OF RESETTLEMENT AND REHECTAREBILITATION .21 4 SOCIAL ECONOMIC SURVEY .22 4.1 PROCESS OF SOCIAL ECONOMIC SURVEY .22 4.2 THE SOCIAL & ECONOMIC BACKGROUND OF THE PROJECT AREA .22 4.3 ADMINISTRATION MODEL OF XIAOYU VILLAGE .23 4.4 MINORITY PEOPLE IN XIAOYU VILLAGE .23 4.5 THE LAND CONTRACTOR CHENG CHAOPENG .24 4.6 LAND CONTRACTOR DAI SHUQING .24 4.7 RESIDENT HOUSE AFFECTED .24 4.8 ENTITIES AFFECTED .24 4.9 TYPICAL INTERVIEW .24 5 LEGAL FRAMEWORK ............................................. 26 5.1 EMINENT DOMAIN AND COMPENSATION FEATURES ............................................. 26 5.2 LEGAL AND ADMINISTRATIVE PROCEDURES .27 5.3 COMPENSATION PRESCRIPTION ........................ 27 5.4 LEGAL RESPONSIBILITIES OF CONCERNED ORGANIZATION .28 5.5 CONCERNED POLICIES OF THE WORLD BANK .29 5.6 RESETTLEMENT POLICIES FOR THE PROPOSED PROJECT .29 6 ORGANIZATIONS .................................................. 30 6.1 RELEVANT ORGANIZATIONS ON RESETTLEMENT ACTION ................................................ 30 6.2 RESPONSIBILITY .30 6.3 STAFFING .32 6.4 ORGANIZATION STRUCTURE .34 6.5 MEASURES FOR INSTITUTIONAL STRENGTHENING .34 6.6 IMPLEMENTATION .34 7 COMPENSATION QUALIFICATION AND POLICY .37 7.1 COMPENSATION QUALIFICATION .37 7.2 COMPENSATION POLICY .37 8 COMPENSATION STANDARD .39 8.1 COLLECTIVELY-OWNED LAND ACQUISITION .39 8.2 STATE-OWNED LAND .39 8.3 TEMPORARY LAND USE .40 8.4 RESETTLEMENT AND COMPENSATIONS FOR ENTERPRISES AND RESIDENCES AFFECTED BY HOUSE DEMOLITION .40 8.5 COMPENSATION STANDARD FOR GROUND ATTACHMENTS .41 2 Shenyang-rap-e-lrbp2 DRaft Jan 24 2002 Resettlement Action Plan of Shenyang Wastewater Treatment Project 9 RESETTLEMENT AND REHABILITATION ................................................................. 45 9.1 RESETTLEMENT PLAN FOR PEOPLE OF XIAOYU VILLAGE AFFECTED BY PERMANENT LAND ACQUISITION ................................................................................. 45 9.2 REHABILITATION PLAN FOR PEOPLE AFFECTED BY TEMPORARY LAND USE ........................ 45 9.3 COMPENSATION ON JINGSHEN NURSERY (LAND CONTRACTOR: CHEN SHAOPENG) ............. 45 9.4 COMPENSATION ON LAND CONTRACTOR DAI SHUQING .................................................. 46 9.5 RESETTLEMENT OF THE VILLAGERS AFFECTED BY HOUSE DEMOLITION ........ .................... 46 9.6 RESETTLEMENT OF URBAN RESIDENTS AFFECTED BY HOUSE DEMOLITION ........ ................ 46 9.7 RESETTLEMENT OF AFFECTED ENTERPRISES ................................................................ 47 10 ENVIRONMENTAL PROTECTION .48 10.1 THE ENVIRONMENT AROUND XIAOYU VILLAGE .48 10.2 CLEAN UP OF DISMANTLED HOUSES .48 10.3 POLICY ELIMINATING ENVIRONMENT IMPACTS CAUSED BY SEWERS CONSTRUCTION 48 11 PUBLIC PARTICIPATION AND CONSULTATION .49 11.1 STRATEGY OF PUBLIC PARTICIPATION .49 11.2 PUBLIC OPINION SURVEY .51 12 INTEGRATION WITH HOST COMMUNITIES AND POPULATION .53 13 GRIEVANCES AND APPEALS .54 14 IMPLEMENTATION SCHEDULE OF RESETTLEMENT ACTIVITIES .55 14.1 COORDINATION OF RESETTLEMENT IMPLEMENTATION AND PROJECT CONSTRUCTION . 55 14.2 SCHEDULE OF LAND ACQUISITION, HOUSE DEMOLITION AND RESETTLEMENT .55 15 COST AND BUDGET FOR COMPENSATION .57 15.1 COST .57 15.2 YEARLY EXPENDITURE PLAN .62 15.3 FUND SOURCE .62 15.4 FUND FLOWING .63 16 MONITORING AND EVALUATION .65 16.1 INTERNAL MONITORING AND EVALUATION .65 16.2 INDEPENDENT MONITORING SYSTEM .66 16.3 MONITORING INDEX .67 16.4 POST ASSESSMENT .67 17 Entitlement Matrix .68 ATTACHED MAP: LOCATION OF SHENYANG URBAN WASTEWATER TREATMENT PLAN 3 Shenyang-rap-e-Irbp2 DRaft Jan 24 2002 Resettlement Action Plan of Shenyang Wastewater Treatment Project 1 PROJECT INTRODUCTION 1.1 General Introduction Shenyang Wastewater Treatment Project is an important component of Liao River Basin Project (including other cities of Fushun, Panjin, Jinzhou Economic and Technological Development zone). After the completion, the environment in Shenyang and around Hun River Basin will be improved. This project comprises of the construction of Shenyang West Wastewater Treatment Plant (Shenyang West WWTP), upgrading of the urban drainage network, construction and reconstruction of pumping stations, Shenyang Urban Upgrading components. Shenyang West WWTP will be located within Xiaoyu village, Zhaijia town of Yuhong District. The area of 57 ha. (855 Mu) and will be acquired all at one time. The capacity of the plant is 800,000 t/d (secondary treatment), and will be constructed in two phases, i.e. 400,00 t/d for phase one to be completed by the year 2005 and 400,00 t/d for phase two to be completed by the year 2010. The interception system of Shenyang West WWTP comprises of the three parts which are Hun River west interception system, Xi River interception system and influent and effluent system of the WWTp. The total length of the interceptors is 6.915 km. The construction and upgrading of urban sewers network will be centralized within Chongshan area (6,500 m), Wu'ai area (1,200 m) and Nanta area (2,200 m). The total length is 9,900 m. Two new pumping stations will be built and three existing ones will be upgraded. Shenyang Urban Upgrading component mainly includes the rehabilitation and repairing of historic buildings in Imperial Palace and the protection of ancient pine in Dongling Tomb and Beiling Tomb. 1.2 Area Affected by and Benefit from the Project The area affected by Shenyang West WWTP is around the suburbs of the city; the area affected directly by the construction and upgrading of drainage system is the urban area. The benefitial area is the Hun River basin with total area of 12,980 km2. Since the reform and opening door policy of China, the development of economy, increment of population, city construction are developing rapidly. The discharge of wastewater is increasing annually. A large amnount of domestic and industrial wastewater are discharged directly into Hun River without any treatment, that make the contamination of the river more seriously. The discharge makes the pollutants in the supplement sources of groundwater exceeding the standard, which are threatening the health of residents and the production of enterprises within the downstream areas of the Hun River. After the completion of Shenyang West WWTP, 400,000 t/d wastewater will be treated, which will reduce the pollution loads on the river course and rehabilitate the biological environment of the Hun River water system. It will also reduce the pollution of groundwater and improve people's living condition around the Hun River basin. The pollution of Bohai Bay will be reduced and the biological environment of Bohai Bay can be improved. It is good for the development of onshore aquaculture. In general, the construction of WWTP will optimized the urban drainage network, develop economy of Shenyang City. 1.3 Project Approval Proposal of the Shenyang Wastewater Treatment Project is getting approvals according to normal procedures. 1.4 Design Process * Process Concept selection was held in April 2000 by Shenyang Urban and Rural Construction Commission and Shenyang Project Office. There are 16 firms presented, 4 Shenyang-rap-e-lrbp2 DRaft Jan 24 2002 Resettlement Action Plan of Shenyang Wastewater Treatment Project including 8 from local and 8 from international. . * Proposal of Shenyang Wastewater Treatment Project was prepared by Shenyang PMO in May 2000 and submitted to the Shenyang Planning Commission. * Notice on the Preparation for Shenyang Wastewater Treatment Plant was issued by Shenyang Planning Commission in May 2000. * The feasibility study report was completed by Shenyang Municipal Engineering Design and Research Institute in August 2000. * The open bidding for the proposed process was held in September 2000 by Shenyang Project Office. There are 10 firms purchased the bidding document. 6 bids were submitted, including 3 from local and 3 from international. * After bid evaluation, Kanuo company of Australia was awarded to conduct the scheme design of the project in November 2000. * The Kanuo company of Australia completed the scheme design of the project in January 2001. * The contract of preliminary design of the project was awarded to the Kanuo company of Australia in May 2001. * The Kanuo company of Australia completed the preliminary design of the project. 1.5 Ownership and Organization of the Project This project is an urban infrastructure construction project, invested by Shenyang Government. The construction funds will come from the local counterpart funds and the Bank loan. Total investment will be RMB 1.199 Billion Yuan including 579 million Yuan local counterpart fund, and 74.68 million USD of the loan from the World Bank (equal to 634.78 million RMB Yuan ). Shenyang Government will be responsible for the payment of the loan and interest. Shenyang Project Office under Shenyang Urban Construction Committee is responsible for the overall coordination of this project. Shenyang Urban Wastewater Treatment Co, Ltd., as the owner, is in charge of the construction of wastewater plant and interception system, and the construction and improvement of urban sewers network. 5 Shenyang-rap-e-lrbp2 DRaft Jan 24 2002 Resettlement Action Plan of Shenyang Wastewater Treatment Project 2 PROJECT IMPACT The project financed by the World Bank consists of four components which are Sheyang Western Wastewater Treatment Plant and the counterpart sewage interception system, upgrading of urban sewers network, construction and reconstruction of pumping stations, Shenyang Urban Upgrading component. 2.1 Definition of affected people by the project Affected people by the project means people affected in the following aspects due to the implementation of the project: 1. Their living level is affected adversely by the project. 2. Ownership, qualification and benefits or interests of their houses and lands including house foundation, farrnland and pasture are affected temporarily or permanently by the project. 3. Their business, agricultural and working activities are interrupted or affected, and their residential place and living custom are affected adversely due to the project. 2.2 The General Situation of Components 2.2.1 Shenyang Western Wastewater Treatment Plant Approved by Shenyang Urban Planning Bureau, Shenyang Western Wastewater Treatment Plant will be located in Xiaoyu village of Zhaijia Town of Yuhong district. The land scope occupied by the project is south bank of Xi river in north, interface of Yangshi commune and Zhaijia Town in east, dam of Hun river in south, 1,200m from boundary of Yangshi commune in west. Totally 57 hectare of land occupied by the Plant is owned by Xiaoyu village. 2.2.2 Wastewater Interception System The counterpart wastewater interception system of Sheyang Western Wastewater Treatment Plant is 6915 m long totally. Table 2-1 show the details of counterpart wastewater interception system. Table 2-1 Counterpart wastewater Interception System Item Affected Type Length Diameter of Construction area (m) pipe (m) width (m) Interception system in Xi River Sewage 3,900 1 x2.8x2.4 30 western part of Hun catchment river Interception system in Xi River Sewage and 1,300 3x2.8x2.4 30 Xi river catchment storm water Influent culvert of the Sewage 1,680 4x3.0x2.2 30 Plant__ _ _ _ _ effluent culvert of the Sewage 35 4x3.0x2.2 30 Plant Total 6915 2.2.3 Shenyang urban sewers network upgrading Wastewater collection system of the project will be formed by upgrading of existing drainage system (under Class one and two roads) and construction of new sewers. According to survey there is no demolish involved in this component, but traffic will be affected when this component is implemented. Table 2-2 shows the details. 6 Shenyang-rap-e-lrbp2 DRaft Jan 24 2002 Resettlement Action Plan of Shenyang Wastewater Treatment Project Table 2-2 Shenyang Urban Drainage System Item Affected Type Length of pipe The diameter Area (m) (m) Sewers in Chongshan Chongshan Sewage 1,200 1.5 road area Sewage 250 1 x2.Ox 1.8 Sewage 3,700 lx2.4x2.2 Sewage 1,350 1 x2.4x2.2 Sewers in Wuai Street Wuai area Sewage and storm 1,200 1 x3.2x2.4 w ater__ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Sewers in Nanta Street Wuai area Sewage 2,200 lxl .8x 1.5 Total I 9,900 The impacts caused by urban drainage system construction are showed as follows: Chongshan roads is 60 m wide now. The construction is proposed to be undertaken at non-motorized lane. The soil dug out will be delivered out timely. Pedestrian path will be reserved for rounding units. Wuai street is 30 m wide now. Construction will be undertaken in the middle part of the street. The soil dug out will be delivered out timely. Pedestrian path will be reserved for rounding units. Nanta street is 30 m wide now. Construction will be undertaken in the middle part of the street. The soil dug out will be delivered out timely. Pedestrian path will be reserved for rounding units. 2.2.4 Pumping Station Two pumping stations will be newly built and 3 existing pumping stations will be upgraded in the project. Details are indicated in the Table 2-3. Table 2-3 The Construction and Upgrading of Pumpin Station Item Location Type Flow Occupied land (m3/s) area (hectare) Pumping station of east Urban area Sewage 2.5 0.30 Chongshan road (upgrading) Pumping station of west Urban area Sewage 8.5 0.36 Chongshan road (upgrading) Zhonggong pumping station Urban area Sewage 0.16 (upgrading) Beisan pumping station (new Urban area Sewage and Sewage 1.56 0.30 construction) storm water Storm water _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 7 .6 0 Wuai pumping station (new Urban area Sewage and 11.0 0.36 construction) storm water Total 1.48 The construction and upgrading of pumping stations are showed as follows: As for Pumping station of east Chongshan road, only equipment will be upgraded, so no land acquisition and 7 Shenyang-rap-e-lrbp2 DRaft Jan 24 2002 Resettlement Action Plan of Shenyang Wastewater Treatment Project demolition are involved. As for Pumping station of west Chongshan road, upgrading will be undertaken at existing site so no land acquisition and demolition are involved. As for Zhonggong Pumping station, upgrading will be undertaken at existing site so no land acquisition and demolition are involved. Beisan pumping station to be newly built will occupy 3,010m2 land. On the basis of existing 1,029 m2 site, 1,981 m extra area need to be used. Wuai pumping station to be newly built will occupy 3,600 m2 land of Qingnian nursery of Shenyang Urban Greening Management Division. 2.3 Project Impact 2.3.1 Permanent Land Acquisition The permanent land acquisition for the Plant and pumping stations is showed in the Table 2-4. Table 2-4 Permanent land acquisition Item Property Collective land (ha) State-owne Sub-total of Number of right Vegetabl Cash land Constru d land land people e land ction (hectare) acquisition losing land land (hectare) WWTP Xiaoyu 39.095 15.918 1.987 57 249 village Beisan Xiaobei 0.30 0.30 pumping storage station Wuai Qingnia 0.36 0.36 pumping n station nursery 2 Note: Beisan pumping station is a new one to be built with total land acquisition area of about 3,010m . On the basis of existing 1,029 m2 site, 1,981 m2 land of Xiaobei Storage will be used. 2.3.2 Temporary Land use Lands used temporary by counterpart interception system, urban drainage system and culvert of newly built pumping station are indicated in the Table 2-5 (collective land) and Table 2-6 (State-owned land). Table 2-5 Temporary use of collective land (unit: hectare) Items Affected villages Occupied land Vegetable land among _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ th e m Interception of westem Wangjia 2.67 1.23 Hu river Nanliguan 5.55 2.04 Dapu 5.58 2.6 8 Shenyang-rap-e-lrbp2 DRaft Jan 24 2002 Resettlement Action Plan of Shenyang Wastewater Treatment Project Interception of Xi river Ganguantun 6.5 Influent and effluent of Yuliangpu 8.575 6.7 the WWTp Total 28.875 12.57 9 Shenyang-rap-e-lrbp2 DRaft Jan 24 2002 Resettlement Action Plan of Shenyang Wastewater Treatment Project Table 2-6 Temporary use of state-owned land (unit: hectare) Item Location State-owned land Sewers in Chongshan road Chongshan area 9.75 Sewers in Wuai street Wuai area 1.8 Sewers in Nanta street Wuai area 3.2 Total 14.75 2.3.3 Residents Affected by the Project The residents will be affected only by the construction of counterpart interception system and new pumping stations. Tab]e 2-7 presents the details. 10 Shenyang-rap-e-Irbp2 DRaft Jan 24 2002 Resettlement Action Plan of Shenyang Wastewater Treatment Project Table 2-7 Residents Affected by the project Item District Commu Village Affected Affecte Area of Owners ne househol d brick/woo hip of ds populatio d houses the ns (m2) house Interception system in Yuhong Yangshi Wangjia 50 180 2,500 Rural western Hu river district commu private ne Nanligua 160 560 8,000 Rural n private Dapu 85 298 4,250 Rural _______________ __ _____ ____ __ _______ p riv ate Beisan pumping Dadong 2 6 90 Urban station district _148_40 Public Total 297 1044 14840 2.3.4 Entities Affected by the Project Entities affected by the construction of the interception system and pumping stations in the project are presented in the following table 2-8: 11 Shenyang-rap-e-lrbp2 DRaft Jan 24 2002 Resettlement Action Plan of Shenyang Wastewater Treatment Project Table 2-8 Entities Affected by the project Entities Affec Employee House area (mi) Attachments Remark ting number _ degre Total Affecte Brick/con Brick/woo Simple e d crete d Interception of western Hu river Shenyang minitype Partly 900 (steel framework with brick 600i2 land, 30 m enclosure Newly built, electromotor factory and concrete) wall business not Poned Shenyang air-blower Partly 20 10 900 (steel framework with brick 600i2 land, 30 m enclosure collective equipment plant and concrete) wall, 80 young maidenhair tree Shenyang north blast furnace Partly 45 5 900 (steel framework with brick 450m land collective plant and concrete) Shenyang Shentie ventilation Entir 45 45 1018 1600i2 land Now be lend to equipment plant e engineering group and packaging belt plant Sand digging plant partly 7 7 10,890 m2 land Round shape Timber processing plant Partly 8 8 200 600m' land, 50 m enclosure Private wall Jinbao Iron products Partly 60 10 480 1600m2 land, 40 m enclosure Private manufacture Plant wall Shenyang meat processing Partly 30 10 150 800m7 land Collective plant Interception of Xi river Shenyang Duocai wood crafts Entir 10 10 800 (steel framework with brick 1,500m2 land Newly built, Ltd. company e and concrete) business not opened Shenyang branch of Liaohe Entir 50 50 4414 (steel framework with brick 419m2 greenhouse, 10,750m2 Collective Aiming animal feedstuffs Ltd. e and concrete) land, 40 m enclosure wall company _ Gas station Entir 4 4 147 3,120m2 land, 450 m2 Collective e underground oil storage, 4 set of oil feeding machines 13 Shenyang-rap-e-lrbp2 DRaft Jan 24 2002 Resettlement Action Plan of Shenyang Wastewater Treatment Project Yalan artifical flower plant in Entir |30 30 1685 3,120m2 land, 185 m enclosure Collective Yuhong district I e I wall Influent and eMuent culvert of the WWTp Shenyang Xinghuan chemical Partly [45 31 9400 Collective plantI Beisan pumping station . Xiaobei No. 2storage partly [185 10 f 120 180 1,029 m2 land, 47 m enclosure XoioIF I wall (more than 2 m high) Wuai pumping station Shenyang Qingnian nursery partly 1,200 cypress tree(2 year ripe period) 12,000 privet tree (3 years ripe period) Total 539 230 20,670 120 180 1 14 Shenyang-rap-e-lrbp2 DRaft Jan 24 2002 Resettlement Action Plan of Shenyang Wastewater Treatment Project 2.3.5 Ground attachments affected by the project Ground attachments affected by the project including the WWTp, 9.33 hectare of Jingshen nursery which is being operated by Chen Shaopeng and 1.5 hectare of land contracted by Da Shuqing are shown in the following table 2-9 and table 2-10. Table 2-9 Ground attachments of Xiaoyu Village and land contractor Da Shuqing affected by WWTp Item Unit Quantity Remark High voltage Power pole Piece * 103 High voltage power line M * 20,280 Scallion Mu * 64.81 Bailu scallion Mu * 54.91 Strawberry Mu * 2.34 Beida seedling Piece * 8,000 Zigen seedling Piece * 450 Brick Piece * 6,000 Elm tree Piece * 1,550 Poplar and willow tree Piece * 1,000 Above 1.7m high Poplar and willow tree Piece * 485 below 1.7m high Pagoda tree Piece * 35 Loss of production materials House made of brick and M7 * 66 Covered asphalt felt House made of brick and M2 * 234 Not covered asphalt felt Iron netting door Piece . 2 Enclosure wall M * 324.4 Bamboo fence M * 110 Manual well Piece . I Wire M * 700 Hose wire Plum tree Piece * 48 4 inch motor well Piece . 4 6 inch motor well Piece . Manual well Piece . Concrete power pole Piece . 1 3 8m high Concrete power pole Piece . 3 6m high Wire M * 1,750 Hose wire Wood power pole Piece . 16 Grape pole Piece * 491 Guard house M * 63.2 Covered Guard house M' * 34 Not covered Grapetree Piece * 1,552 Pear tree Piece * 74 Plum tree Piece * 1,130 Water well Piece * 1 0 Water tank M2 * 65 Small cavity M * 180 Transformer KVA * 250 Water lifting station Piece . 1 15 Shenyang-rap-e-lrbp2 DRaft Jan 24 2002 Resettlement Action Plan of Shenyang Wastewater Treatment Project Table 2-10 Ground attachments of Jingshen Nursery affected by WWTp Item Unit Quantity Remark House made of brick and tile M2 * 115.2 Brick house M' * 674.4 Prefab concrete board Iron board house MZ * 33.6 House made of brick and M2 * 16.45 asphalt felt Enclosure wall M * 826.8 Side room Mz . 9 Toilet M' _ 10 Water tank M2 * 12 Green house M* 468 Fish feeding pond Mu . 11 Construction cost Mu . 11 Cellar Mz . 40 Iron door Piece . 3 250mm diameter Brick Piece * 30,000 Concrete board Truck . 15 Fowl Piece * 600 Water lifting pump Piece . 2 Pear tree Piece * 1,500 Plum tree Piece * 165 Elm tree Piece * 1,100 Cherry seedling Piece * 300 Concrete Truck . 8 Sundries Truck I* 10 _ Grape tree Piece * 300 Manual well Piece . 5 4 inch motor well Piece . 5 Water well Piece . 2 Transformer KVA * 80 Concrete power pole Piece . 10 6m high Wire M * 2,000 Twisted-pair Plastic film Ton . 3 Cypress and privet seedling * Compensati on on one time 1 6 Shenyang-rap-e-Irbp2 DRaft Jan 24 2002 Resettlement Action Plan of Shenyang Wastewater Treatment Project Table 2-11 Ground attachments affected by interception system of the project ND. I t erm OAnershi p Lhi t Qaant i t y ReFrr k 1 Pouer pole Pi ece 26 Concret e 2 Pouer pole Pi ece 18 VMod 3 Ikt or uel I Nnl i guan Pi ece 5 4 aeen house Yul i angpu Ivt 33,750 (anguant un IA 3300 Nanl i guan IA 9257 5 Fr ui t t r ee Yuliangpu Piece 20,000 6 Popl ar t ree Hydraulic Piece 127 bur eau . 2.4 Impact analysis The proposed Plant will occupy 57 hectare of land of Xiaoyu village of Zhaijia Town of Yuhong District. The village has 821 households totally with 2,950 populations among them male 1,510 accounting for 51%, female 1,440, accounting for 49 %. The village has 262.7 hectare of cultivated lands. The per capita average income of the village is 4,804 Yuan in a year, most of which come from agricultural activities. 249 people will be directly affected by the project including 127 male, 122 female with 14 people below schooling age, 35 people obtained maximum primary education and 200 people obtained above junior high school education. Table 2-12 presents the details of the impact analysis. Table 2-12 Project Impact Analysis Village Prior to the roect Vegetable land Impact degree Population Population Cultivated land acquired(hectare (%) affected (hectare) ) (person) Xiaoyu 2,950 262.7 57 22 249 village _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Table 2-12 indicates that the land acquired by the plant occupy 22 % of total cultivated land in Xiaoyu village. The impact is not great. Depending their ideas, the affected people can re-obtain a plot of land for agriculture production by distributing the contingency lands to these affected people in Xiaoyu village, or they can be arranged to work in factories. After affected people are resettled by such way, their living level won't drop down. The project will affect 28.875 hectare of collective lands temporarily including 12.57 hectare vegetable land with 374 people directly affected. Cultivation on these lands will be affected within 2-4 month. When the construction finished, cultivation will be continued. So, social and economic impact caused by the project is small. Table 2-13 presents the details of the temporary impact analysis of the interception system of the project. 17 Shenyang-rap-e-lrbp2 DRaft Jan 24 2002 Resettlement Action Plan of Shenyang Wastewater Treatment Project Table 2-13 Temporary impact of the interception system of the project District Commune Village Prior to the project Vegetable Impact Affected Populati Cultivated land degree (%) people on land (hectare) (person) (hectare) Yuhong Yangshi Wangiia 1,526 60.2 1.23 2.04 62 District commune Nanliguan 2,422 90.5 2.04 2.25 102 Dapu 2,618 85.6 2.60 3.04 130 Yuliangpu 1,390 29.3 6.70 22.87 80 Total 7,956 265.6 12.57 374 For impact caused by dust, noise and living garbage produced during the construction period measures will be taken to relieve it. Details of people affected by land acquisition and house demolition of the project are showed in the following table 2-14: 18 Shenyang-rap-e-lrbp2 DRaft Jan 24 2002 Resettlement Action Plan of Shenyang Wastewater Treatment Project Table 2-14 Details of people affected by land acquisition and house demolition of the project Location Affected population (person) Cou Village Quantity Sex Age Labor status Vocation nty Hous Peopl Mal Fem <16 17-50 5 1-60 >60 Work Retire Retire Other Peasa Work Cadre Private n El ehold e e ale (P) (P) (P) (P) ing (P) due (P) nt er (P) owner (:1) (P) (P) (P) (P) to (P) (P) (P) illnes _____ _____ ~~~~~~~~~~~~~~s(P) _ _ _ Zhai Yuliangp 71 249 127 122 14 160 50 25 215 5 6 23 161 33 6 15 34 jia u cou nty__ ___ _ _ _ _ _ Yan Wangjia 50 180 94 86 10 116 36 18 151 4 4 21 113 23 4 11 29 gshi Nanligu 160 560 288 272 39 359 108 54 475 12 8 65 363 71 13 28 85 cou an nty Dapu 85 298 155 143 17 192 59 30 251 9 10 28 189 38 7 17 47 Total 366 1287 664 623 80 827 253 127 1029 30 28 137 826 165 30 71 195 19 Shenyang-rap-e-lrbp2 DRaft Jan 24 2002 Resettlement Action Plan of Shenyang Wastewater Treatment Project 3 TARGET OF RESETTLEMENT AND REHECTAREBILITATION Optimizing the project design to reduce the scope affected by land acquisition and house demolition of the project as possible and to minimize the involuntary resettlement. People lost their land due to the project will be fully compensated and lands will be reallocated in the affected village. Job opportunity will be provided to the affected people depending on their own idea. All involuntary displacement and resettlement will be implemented as an integral part of the project. Person or entities affected by the project should be given sufficient compensation and should be provided the opportunities to benefit from the project. Compensation should be paid before implementation of house demolition and displacement. Entities affected by the project should be given the loss compensation for production and business interruption. And employees should be relocated appropriately to make them to recover production and business as soon as possible. Participation of PAPs will be encouraged during the preparation of the RAP and their comments and suggestions on relocation and resettlement issues will be fully respected and considered. Efforts should be taken to improve PAPs' livelihoods and living to a relative higher level before the project, or at least to restore them, in real terms, to pre-displacement levels. 21 Shenyang-rap-e-lrbp2 DRaft Jan 24 2002 Resettlement Action Plan of Shenyang Wastewater Treatment Project 4 SOCIAL ECONOMIC SURVEY 4.1 Process of Social Economic Survey The socioeconomic survey is conducted with a aim of learning the objectives, quantity and quality affected by the project, and providing the basic information to identify the loss compensation, socioeconomic assessment, justification of the project scale, socio-economic impact study in the project area, preparing the resettlement and relocation plan, estimating resettlement cost, managing the resettlement implementation, monitoring and evaluating. In May 2000 the Shenyang Urban Wastewater Treatment Ltd. Company undertook the site investigation for inventory affected by land acquisition and house demolish of the project. The Company primarily initially learn about the type of land, house and ground attachment affected by the project and worked out a primary resettlement action plan. In order to prepare the feasibility study of the project, the Company and concerned departments undertook inventory survey within affecting scope of the project in August 2000. The Company investigate the houses, land and ground attachments to be affected by the project during 6 September to 6 October 2000. At the same time, public opinions on resettlement were investigated and collected and 53 households in Xiaoyu village of Zhaijia town of Yuhong district were sampled and investigated. Before the investigation, the company organized special technical training. Area of the houses to be dismantled was measured. Number of person, demolition area of the affected shops, entities as well as people affected by demolition were all investigated. Before starting the project construction, further surveys and measuring on house demolition and land acquisitionwill be made as re-identification. 4.2 The Social & Economic Background of the Project Area Shenyang, the capital of Liaoning Province, located in the south of the northeast part of China, is the center of politics, economy, culture and information of the whole province and the biggest hub of communication and industrial city in the northeast part of China. Liaoning Province is a highly urbanized province. Shenyang is located in the hinterland of Loadong Peninsula Development Zone. With Shenyang being as the center of region, within the diameter of 150km radius, Shenyang, Anshan, Fushun, Benxi, Dandong, Yingkou, Liaoyang and Tieling form the middle-part economic circle and city group of Liaoning Province. The unique location of Shenyang shows that she has large developing potential and advantage. At the same time, beside self development, Shenyang also takes the responsibility of promoting the development of Liaoning Province and the northeast part of China. There is one county-level city, nine urban districts and three counties under the jurisdiction of Shenyang. The jurisdiction area is 12,980 km2 with total population of 6.8 million (4.76 million in urban). The build-up area is 185 km2 with a population of 3.48 million. There are 5,000 industrial enterprises in the city, among which 330 are large-scale enterprises. Shenyang is the old industrial base constructed in the first five-year-plan period. In the past, the development principles of the city were " producing first, then comes living ", " polluting first, then comes the harness " and " production first, management latter". This unreasonable development concept caused lots of 22 Shenyang-rap-e-lrbp2 DRaft Jan 24 2002 Resettlement Action Plan of Shenyang Wastewater Treatment Project serious problems on urban biological environment. Since the reform, Shenyang has become the biggest economic central city. Automobile, machinery, electronic information, environmental protection and chemical pharmacy are prominent industries. Shenyang Taoxian International Airport provides more than 40 domestic scheduled flights and several international scheduled flights. Shenyang is the biggest railway hub in the northeast part of China. The highways in Shenyang radiate in all directions. The highway between Shenyang and Beijing has been put in use in September, 2000. This highway shortens the distance between Shenyang and Beijing, the capital of China, even the distance between Shenyang and the world. In 1999, GDP of Shenyang was 101.31 billion RMB Yuan. Shenyang is located on the north bank of the Hun River. The Hun River was called "Shen Water" in history and "Yang" was given as a name to a place on the north bank of a river. Shenyang, a famous historical city in China, is a good place for trourism. There are many famous historic sites, museums and memorial halls in Shenyang, such as Qing Imperial Palace, Fu and Zao tombs, " 18th, September" Historical Museum, "the Zhang's Residence" (the residence of late warlord Zhang Zuolin and his son Zhang Xueliang), School of Teenager Zhou Enlai, and Steam Locomotive Museum and so on. There are several famous markets in Shenyang such as Wu'ai Garment Wholesale Market, Nan'er Food Wholesale Market, Nanta China Shoes City, Jiulu Furniture Market in Tiexi district and so on. 4.3 Administration Model of Xisoyu Village The scope of land acquisition is Xiaoyu village in Zhaijia town. There are 2,950 people and 262.7 hectare of cultivated land in Xiaoyu village. Agriculture is the main production activity of the village. The second and tertiary industries are being developed in the village. In 1999, the average net revenue per person is 4,804 Yuan. In 1998, Administration Committee of Xiaoyu village was established includingoOne director, one vice-director and 5 members. The Committee is responsible for the routine management of the village. Big decision shall be made by discussion of villager representative meeting. 4.4 Minority people in Xiaoyu Village There are 260 Man nationality people in Xiaoyu village, accounting for 9 % of total population and 41 Man nationality people affected by the project, accounting for 16 %of the total directly affected people. Man nationality, which has more than 1,000 years of histiry, is one of minorities in China. In 1616, "Da Jin" dynasty was established in Xinbin town of Fushu city and its capital city was moved to Sheyang inl625. In 1636, Huantaiji became the empire and established " Qing" dynasty. The capital of Qing dynasty was moved to Beijing in 1644. Since then, Qing dynasty ruled China until 1911. Man nationality has its own language and words. The main religion is Saman. Since communication with Han nationality for a long time, Man nationality gradually custom to use Chinese. And their habits and customs have become similar with that of Han nationality people. The following is a record of interview with Mr. Zhang Jihai, a Man nationality person: "My nationality is Man and my wife's nationality is Han. There are four people in my family. We have two children. The elder one is 14 years old and is studying in Ningguan Junior Middle School; the younger one is 8 years old and is studying in Chaojia Primnary School. Now Man nationality have been assimilated by Han nationality entirly. And they are treated as same as Han nationality both on politics and economics. 23 Shenyang-rap-e-lrbp2 DRaft Jan 24 2002 Resettlement Action Plan of Shenyang Wastewater Treatment Project The social and economic survey shows that living habits and customs of Man nationality are the same as Han nationality. 4.5 The Land Contractor Cheng Chaopeng Mr. Cheng Chaopeng (party B) signed the land contract with Xiaoyu Agriculture, Industrial & Commercial Joint Co.( party A) in Zhaijia town. The contract regulates that: the contract period is that from 1't, January, 2000 to 30t', December, 2004; the contract area is 9.33ha. The annual rent is 13.52 x 100 + 97.94 x 155 + 28.54 x 130 = 2,0243 Y. Rule and obligation of the two parties in the contract are as following: Main rights and obligation of Party A: If the land acquired by the Government, Party A will take back the land, and the contract shall be terminated. The compensation of the land acquisition will be paid to Party A. The compensation of the ground attachment etc. will be paid to Party B. If it is not in the cultivation season, Party A will pay 100 Yuan/mu (1,500 Yuan/hectare to Party B. Main rights and obligation of Party B: a) Contract land based on law regulation. b) Keep the original type and status of collective land. c) Comply with country's uniform planning. d) The contract cost between 2001 to 20004 will be paid once. 4.6 Land Contractor Dai Shuqing Dai Qingshu (party A) has signed a land contract with Xiaoyu Agricultural, Industrial and Commercial Company (party A) in Zhaijia town. The contract regulates that: the contract period is that from 20th, April,2000 to 20t,April, 2000. The area of contracted land is 1.5hectare. The sum of rent is 28,OOORMB. Dai Shuqing has paid the money once in April, 2000. The contract rules: if the parent authority acquires the land and money of compensation is involved, it will be determined based on the two parties'discussion. 4.7 Resident house affected The interception system of the project will affect 295 households with 1038 rural people lived in Wangjia, Nanliguan, Dapu village. 14,750 m2 rural houses owned by local people (brick/wood structure) will be demolished. 2 households with 6 people in urban area will be affected by the project. 90 m2 public houses which not be involved in house reform (brick/wood structure) will be demolished. 4.8 Entities affected The project will affect 15 entities, most of which are only partly affected. Some are impacted only for the fence or wall. Most of these entities are located in the suburbs, and some in the rural area. There are enough extra land for re-construction in the surroundings of these affected entities. Some of these are under a bad operation, and some are forced to interrupt due to the heavy loss. 4.9 Typical interview Wide-ranging interviews and discussions are made between staff members and people associated in order to get further information about the people affected and compile practical resettlement plan. The selection of interviews is following: 4.9.1 Interview 1: Manager Mr. Zhao yue, Xiaoyu, Village United Co. of Agriculture, Industry and Commerce People in Xiaoyu village all agreed with the project because this can bring much improvement in the water quality of Xi River near the village and their living environment. Currently, the water quality of Xi River is so 24 Shenyang-rap-e-lrbp2 DRaft Jan 24 2002 Resettlement Action Plan of Shenyang Wastewater Treatment Project contaminant that the ducks would die when getting into the river. The morbidity of cancer is high. The construction of road surrounding the plant will make the transportation convenient and be helpful to local development of secondary and tertiary industry. Some farmers will lose some land due to the acquisition. From long-term consideration, how to resettle those people appropriately is concemed by the village in accordance with the national policy which is agreed by the farmers. 4.9.2 Interview 11: Farmer Mr. Zhang Shicai There are 3 persons in his family and they have 5.71 mu cultivated land, which is mainly used to plant vegetables. Annual income is about more than 10,000 Y/y. He has learned that the plant would be constructed in Xiaoyu village, and agreed with the project firmly although my cultivated land might be acquired. Because the pollution of Xi River is too heavily, the water is dark and has an extreme odor smell. This situation has being kept for several decades. I wish my family will get the rational compensation according to the concemed policies. 25 Shenyang-rap-e-lrbp2 DRaft Jan 24 2002 Resettlement Action Plan of Shenyang Wastewater Treatment Project 5 LEGAL FRAMEWORK 5.1 Eminent domain and compensation features Based on the prescription of Land Administration Law of PRC, Article 2: Collectively-owned land could be acquired for public interests in compliance with concerned laws. Article 44: Formalities for examination and approval should be performed when agricultural land will be diverted for construction use. In the road, pipeline engineering, and large infrastructure construction projects approved by the government of provincial, autonomous region, and municipalities directly under central government, as well as construction projects approved by the State Council, agricultural land's diversion for construction use should be approved by the State Council. Within urban, village and small-town land utilization scope, identified in the land utilization master planning, agricultural land's diversion for construction use should be orderly approved, according to annual utilization planning, by the authority which has previously approved land utilization master planning. Within the agricultural land scope, function diversion of which has already been approved, specific construction project could be approved by municipal or county level government. Article 57: Temporary acquisition on state-owned or collectively-owned land by construction and geologic survey should be approved by the land administration authorities under government above county level. Before its submission for approval, temporary land acquisition within urban planning area should firstly be agreed by urban master planning authorities. Land user should, based on the land property, sign contract with concerned land administration authorities, collective economic organizations in small villages or villagers' committee, and pay the land acquisition compensation according to contractual agreement. Temporary land user should, according to the terms agreed in the temporary land use contract, make use of the specific land, and should not build permanent structures on that land. Temporary land acquisition should generally not exceed 2 years. Article 58: Under following situations, state-owned land tenancy could be drawn back with approval from the government that previously approved the land acquisition, or the government that has the approval right. These situations include: (1) alternative land use for public interests; (2) land function modification for urban upgrading within the urban master planning scope. Concerned regulations on Urban House Demolition Administration Rules in Shenvan include: Article 17: 26 Shenyang-rap-e-lrbp2 DRaft Jan 24 2002 Resettlement Action Plan of Shenyang Wastewater Treatment Project The demolisher should provide compensation to all affected people, including house-keepers and authorized manager of state-owned houses and their dependencies, concerned with demolished houses and their dependencies. Article 25: The demolisher should reallocate users of the demolished houses in accordance with this Order. Transition period should be clarified in the agreement if reallocation should not be completed in one time. 5.2 Legal and administrative procedures Land Administration Law of PRC prescribes that: Article 46: Local government above county level will make the proclamation and organize implementation for state land acquisition after its legal approval. Land owners and users should, taking along their certificate of land property, handle their registration for land acquisition compensation at local land administration authorities within the time limit in the proclamation. 5.3 Compensation prescription LandAdministration Law of PRC prescribes that: Article 47: Compensation should be provided according to the original purpose of the acquired land. Compensation costs for agricultural land acquisition include: land compensation, reallocation allowance and compensation for surface structures and crops. Land compensation should be 6 to 10 times of average annual output of the previous 3 years before land acquisition. Reallocation allowance should be calculated based on the peasant population to be reallocated. Compensation standard of acquisition on other types of land should be developed in reference of that on agricultural land acquisition by concerned government of provincial, autonomous regions and municipalities directly under central government. Compensation standard for surface structures and crops should be developed by concerned government of provincial, autonomous regions and municipalities directly under central government. If land compensation and reallocation allowance, stipulated in Article 2, still could not restore the original living standard of the peasants to be reallocated, reallocation allowance could be complemented with the approval from concerned government of provincial, autonomous regions and municipalities directly under central government. However, totaling of land compensation and reallocation allowance should not exceed 30 times of average annual output of the previous 3 years before land acquisition. Under specific situation, the State Council may, in consideration of social and economic development progress, raise the land compensation and reallocation allowance standard for agricultural land acquisition. Article 48: 27 Shenyang-rap-e-lrbp2 DRaft Jan 24 2002 Resettlement Action Plan of Shenyang Wastewater Treatment Project After compensation option for land acquisition is confirmed, local govemment should make public announcement, and give audience to concerned collective economic organizations in the villages as well as the affected peasants. Article 49: Concemed collective economic organizations in the villages should announce to the members income and expenses conditions of the compensation costs for the acquired land, and at the same time accept their supervision. Defalcation and appropriation of the land compensation costs and other concerned costs should be strictly forbidden. Concerned regulations in Shenvanj Urban Domestic House Demolition Administration Orders include: Article 17: The demolisher should provide compensation to all affected people, including house-keepers and authorized manager of state-owned houses and their dependencies, concemed with demolished houses and their dependencies. Article 25: The demolisher should reallocate users of the demolished houses in accordance with this Order. Transition period should be clarified in the agreement if reallocation should not be completed in one time. 5.4 Legal responsibilities of concerned organization LandAdministration Law of PRC prescribes that: Article 66: Land administration authorities under govemment above county level should perform monitoring and inspections on the activities against laws and regulations for land administration. The monitoring and inspection agencies should be familiar with laws and regulations of land administration, and justly execute concemed laws. Article 70: Illegal activities should be punished through administrative measures during the course of monitoring and inspections, by land administration authorities under govermnent above county level. For the punishment execution beyond their right, they should submit administrative punishment proposal to supervisory department under the govemment with the same or superior levels, which will in tum perform their legal disposal procedures. Article 79: Defalcation and appropriation of the land compensation costs and other concerned costs, which could be defined as a crirne, should be brought to justice. Activities below crime level should be legally given administrative disposal. 28 Shenyang-rap-e-lrbp2 DRaft Jan 24 2002 Resettlement Action Plan of Shenyang Wastewater Treatment Project 5.5 Concerned policies of the World Bank Policy objectives in OP 4.12 of the World Bank. The objective of the Bank's resettlement policy is to ensure that the population displaced by a project receives benefits from it. (1) Involuntary resettlement should be avoided or minimized where possible. (2) Where displacement is unavoidable, resettlement plans should be developed. Displaced persons should be: * Compensated for their losses at full replacement cost prior to the actual move. * Assisted with the move and supported during the transition period in the resettlement site. * Assisted in their efforts to improve their former living standard, income earning capacity, and production levels, or at least to restore them. Particular attention should be paid to the needs of the poorest group to be resettled. (3) Community participation in the planning and implementation resettlement should be encouraged. Appropriate patterns of social organization should be established, and existing social and cultural institutions of resettlers and their hosts should be supported and used to the greatest extent possible. (4) Resettlers should be integrated socially and environmentally into host communities so that adverse impacts on host communities are minimized. The best way of achieving this integration is for resettlement to be planned in areas benefiting from the project and through consultation with the future hosts. (5) Land, housing, infrastructure, and other compensation should be provided to the adversely affected population, indigenous groups, ethnic minorities, and pastoralists who may have usufruct or customary rights to the land or other resources taken from the project. The absence of legal title to land by such groups should not be a bar to compensation. 5.6 Resettlement policies for the proposed project The resettlement policies for the proposed project are developed according to concerned regulations from the World Bank, national, Liaoning Provincial as well as Shenyang municipal orders. In order to keep the compensation and resettlement policy of the project in accordance with the resettlement target of the project, in case there are any big revision or variation on the resettlement policy such as variation of compensation qualification and condition, reduction of compensation standard, limitation and reduction of helps and assistance provided to affected people, it should be agreed by project's owner and the World Bank before implementation. 29 Shenyang-rap-e-lrbp2 DRaft Jan 24 2002 Resettlement Action Plan of Shenyang Wastewater Treatment Project 6 ORGANIZATIONS 6.1 Relevant organizations on resettlement action Relevant Organizations responsible for planning, management, implementation and monitoring in the resettlement action include: * Liaoning Urban Construction and Renewal Project Office(LUCRPO) * Shenyang Urban Environmental Project Leading Group(SUEPLG) * Shenyang Urban Construction Project Management Office(SUCPMO) * Shenyang Urban Wastewater Treatment Ltd. Company(SUWTC) * Shenyang Municipal Urban Planning Bureau(SUPB) * Shenyang Municipal Land Administrative Bureau(SLAB) * People's Government of Zhaijia Town of Yuhong district (PGZT) * House Demolition Management Office of Yuhong District (HDMOYuhong) * Land Administrative Bureau of Yuhong District (LABYuhong) * Administrative Committee of Xiaoyu, Wangjia, Nanliguan, Dapu, Yuliangpu and Ganguangtun Village. * China Shenyang Urban Engineering Design Institute(CSUEDI) * Resettler Research and Monitoring Center of Hehai University (RRMC) Vice-mayor of Shenyang city who is mainly in chectarerge of urban construction is appointed as the director of Shenyang Urban Environmental Project Leading Group; And vice-secretary of Shenyang city and the director of Shenyang Construction Committee undertake as vice-directors of it; Its members include leaders of Planning Committee, Financial Bureau, Construction Committee, Urban Planning Bureau, Environmental Protection Bureau, Land Administrative Bureau, Hydraulic Facilities Management Bureau, Urban Construction Bureau. The leading group set a subordinate unit of Shenyang Urban Construction Project Management Office. Shenyang Urban Construction Project Management Office will be responsible for organization, coordination and supervision and checking of land acquisition, house demolition and resettlement of the project, and also is responsible for the preparation and implementation of Resettlement Action Plan. Shenyang Land Administration Bureau will be responsible for the acquisition of rural collective land. China Shenyang Urban Engineering Design Institute will be responsible for the feasibility study and design of the project. The resettler research and Monitoring center of Hehectarei University will be responsible for the external monitoring of resettlement action independently. 6.2 Responsibility 6.2.1 Liaoning Urban Construction and Renewal Project Office • To help and guide the preparation of resettlement action plan report and the implementation of land acquisition and resettlement * To supervise and check the progress of land acquisition and resettlement * To keep the liaison between the project city and the World Bank * To review the internal supervision report on resettlement and submit it to the World Bank 6.2.2 Shenyang Urban Construction Project Management Office ( project management organization * To make and carry out the resettlement policy * To organize and coordinate the preparation of resettlement action plan report * To disburse the compensation funds and supervise its using * To guide, coordinate, supervise the process and progress of land acquisition and 30 Shenyang-rap-e-lrbp2 DRaft Jan 24 2002 Resettlement Action Plan of Shenyang Wastewater Treatment Project resettlement action. * To carry out internal supervision and identify the external supervision organization, and coordinate and support the external monitoring action of the porject * To review and check the supervision report * To prepare the progress report and submit it to Liaoning Urban Construction and Renewal Project Office * To coordinate and hectarendle the issues and contradiction occur in implementation of the resettlement action plan 6.2.3 Shenyang Urban Wastewater Treatment Ltd. Company * To invite and entrust the design institute to identify the affected scope by the project * To organize and implement the socioeconomic survey * To submit the application of land use and planning certificate and land construction certificate to Shenyang Municipal Urban Planning Bureau and Shenyang Municipal Land Administrative Bureau * To implement the resettlement action plan according to the project construction schedule * To disburse the compensation and resettlement funds according to agreement * To arrange and implement internal supervision 6.2.4 Shenyang Municipal Land Administration Bureau * To carry out the concerned policy and regulations on construction land management of our country * To participate the preparation of resettlement action plan and review it * To issue the land use certificate * To guide, coordinate and supervise the resettlement action * To coordinate and hectarendle the issues and contradiction occur in the land acquisition and transferring * To go through the formality on land acquisition 6.2.5 People's Government of Zhectareijia Town * To participate the socioeconomic survey * To participate the preparation of resettlement action plan * To supervise and check resettlement and income recovery action made by Administration Committee of Xiaoyu Village * To reflect the comments and suggestions of PAPs to the higher department 6.2.6 Land Administrative Bureau of Yuhong District * To issue the public announcement and implement registration of affected objectives by the project * To organize the public participation and consultation activities * To consult with affected village and prepare the resettlement plan and disclose it 6.2.7 Shenyang Municipal Urban Planning Bureau * To examine the land acquisition scope of the project * To issue land use and planning certificate 6.2.8 House Demolition Mangement Office of Yuhong District * To survey on people and entities to be affected by house demolition of the project * To implement compensation and resettlement for house demolition of the project 6.2.9 Administrative Committee of Xiaoyu Village * To participate the socioeconomic survey and the preparation of resettlement plan * To participate the compilation of resettlement plan report * To organize the public consultation and propagate the policies on land acquisition and demolition * To responsible for reallocation of lands of Xiaoyu after land acquisition * To organize production development and income recovery activities after land acquisition * To reflect the comments and suggestions of PAPs to the higher department 31 Shenyang-rap-e-lrbp2 DRaft Jan 24 2002 Resettlement Action Plan of Shenyang Wastewater Treatment Project 6.2.10 China Shenyang Urban Engineering Design Institute (design organization) * To reduce the project impacts by optimizing the engineering design * To identify the acquisitioned land scope and demolition scope * To assist the preparation of resettlement action plan * To provide technological consultation to Shenyang Urban Construction Project Management Office on data survey and hectarendle 6.2.11 Resettler Research and Monitoring Center of Hehectarei University (independent external supervision organization) It will, as an independent external monitoring and evaluation organization, monitor and check all aspects of the implementation of resettlement action plan and submit the external monitoring report to the project office and the World Bank for review 6.3 Staffing The resettlement organizations allocate high quality staff on various concerned specialties, among which 58 full time staffs who heave good technology and experience. The maximum working staff can be up to 108 in peak time. A smooth information flowing channel is set up which can play an important role in implementation of resettlement action. And resettlement implementation organizations are equipped with good transportation and communication tools. Survey, design and supervision organizations have strong capacity and technology on computer operation. The land acquisition and demolition implementation organizations and monitoring organizations of the project both have rich experiences on land acquisition, house demolition and resettlement. The staffing of concerned resettlement implementation organization are showed in table 6-1. 32 Shenyang-rap-e-lrbp2 DRaft Jan 24 2002 Resettlement Action Plan of Shenyang Wastewater Treatment Project Table 6 - 1 Staffing of concerned resettlement implementation organizations Average Working Organizations working staff in Qualification of the working Operational starting staff peak time staff point (person) (person) Shenyang project leading 3 11 Officials June 2000 group Shenyang urban Engineering, technological, June 2000 construction project office 5 10 and economic management staffs Shenyang urban wastewater 10 15 Engineering and June 2000 treatment ltd. Company technological staffs Shenyang land Public servant and June 2000 administration bureau 5 10 economic management staffs Shenyang urban planning 2 2 Public servant June 2000 bureau Land administration bureau Public servant September 2000 of Yuhong District 5 Hous demolition Public servant September 2000 management office of 5 5 Yuhong district Administration committee 15 25 * Cadre September 2000 Shenyang urban engineering 12 Engineering technological August 2000 design institute staffs Resettler research and Professor, master and doctor monitoring center El independent supervision 4 10 organization El Total 38 108 33 Shenyang-rap-e-lrbp2 DRaft Jan 24 2002 Resettlement Action Plan of Shenyang Wastewater Treatment Project 6.4 Organization structure Liaoning urban construction and renewal project office Shenyang environmental project leading group Resett Sheny Shenyan Shenyang urban Shenyang le ang g urban wastewater land resear Planni construc treatment ltd. administr ch ng tion company ation center bureau project bureau office I Sheny Concerned LAB of ang demolition Yuhong urban office I engine Village AD institut F - e res enti ettl ties Resettler er Figure 6 - 2 Organization structure of resettlement for Shenyang proposed project 6.5 Measures for institutional strengthening * 14 set of personal computers equipped for Shenyang urban project management office and working funds are guaranteed. * Information management system was set up for resettlement and demolition to enhance information management and feedback during the work and to assure the smooth connection. * Reporting and internal monitoring will be enhanced in order to find and solute any problems timely. * Independent monitoring and evaluation of the project will be strengthened, Independent monitoring and evaluation organization will present any occurred issues and suggest necessary solutions to concerned authorities. 6.6 Implementation 6.6.1 Identifying scope of land acquisition/demolition Based on drawings of proposed red-line scope of land acquisition and engineering layout, project implementation organizations conduct inventory survey affected by the project within red-line scope. 6.6.2 Investigation for inventory affected by land acquisition and house demolition Working staffs of Shenyang Urban Wastewater Treatment Ltd. Company and Shenyang Land Administration Bureau will jointly investigate and record carefully the land, housing, ground attachments, structures and 34 Shenyang-rap-e-lrbp2 DRaft Jan 24 2002 Resettlement Action Plan of Shenyang Wastewater Treatment Project equipment affected by land acquisition and house demolition of the project. Ownership of affected properties within the red-line scope will be identified firstly, and then requirement on land acquisition and demolition of the proposed project will be introduced to the owner and user of these properties. The survey will be conducted under the participation of the owner and user of affected properties. 6.6.3 Planning for land acquisition and resettlement Shenyang Urban Construction Project Management Office will be in chectarerge of preparing plan of land acquisition and resettlement as well as related budgets according to the survey results and concemed policies and regulations, and submit it to the higher level authority for review and approve. 6.6.4 Review and approval of resettlement action plan Shenyang LAB and Shenyang Urban Wastewater Treatment Ltd. Company will send Land Acquisition Notification to each concerned unit and institutions who is involved in this work. They will also issue a Land Acquisition & Demolition announcement. 6.6.5 Declaration of tree cutting Shenyang Urban Wastewater Treatment Ltd. Company shectarell be responsible for providing quantities of the trees to be cut to the Shenyang Forestry Bureau, Park & Garden Division as well as City Greening Office, and make an application to these management authorities for cutting. When it is approved, City Greening Office will be responsible for the implementation of cutting trees. Compensation for trees cutting shectarell be given based on the investigated quantities of trees. 6.6.6 Agreement of compensation and resettlement Based on the resettlement policy, regulation and proposed plan, Shenyang Urban Wastewater Treatment Ltd. Company will negotiate and sign a agreement of land use of Shenyang Western Wastewater Treatment Project with Shenyang Land Administration Bureau. 6.6.7 Detailed step for housing demolition and resettlement (1) Investigate and archive the housing and auxiliary structure within the proposed demolition area. (2) Shenyang Urban Wastewater Treatment Ltd. Company sign a lump-sum contract of house demolition implementation with with House Demolition Management Office of Yuhong District. (3) House Demolition Management Office of Yuhong District sign a demolition compensation agreement with individual and entities affected by demolition of the project. (4) After being given the compensation, individual and entities affected by demolition of the project will be responsible for rehectarebilitation and reconstruction themselves. 6.6.8 Detailed step for land acquisition and resettlement (1) Under the leadership and coordination of Shenyang Environmental Project Leading Group, Shenyang Urban Wastewater Treatment Ltd. Company will sign a lump sum contract of land acquisition of the project with Shenyang Land Administration Bureau. (2) Shenyang Urban Wastewater Treatment Ltd. Company and Shenyang Land Administration Bureau will survey and record the lands, auxiliary structures on ground within the proposed land acquisition scope (inside the red-line). (3) Shenyang Land Administration Bureau will negotiate and sign the compensation agreement for land acquisition with Xiaoyu village. (4) Shenyang Land Administration Bureau will pay the compensation for land acquisition according to the signed agreement. (5) Xiaoyu village will be responsible for lands reallocation within the whole village or develop the planting 35 Shenyang-rap-e-lrbp2 DRaft Jan 24 2002 Resettlement Action Plan of Shenyang Wastewater Treatment Project in green house. 6.6.9 Land use certificate As all necessary information are prepared, Shenyang LAB can issue an official approval and land use certificate for the project. 6.6.10 Summarization and record-keeping After the land acquisition/demolition finished, a report summarizing the work should be prepared and kept in archives. 36 Shenyang-rap-e-lrbp2 DRaft Jan 24 2002 Resettlement Action Plan of Shenyang Wastewater Treatment Project 7 COMPENSATION QUALIFICATION AND POLICY 7.1 Compensation qualification As for land acquisition of the project, affected people and inventory, which are confirmed before November 13, 2000 when public notice of land acquisition was issued, is qualified for compensation. As for temporary land use and house demolition of the project, affected people and inventory which are confirmed before October, 2002 when impacts survey will be completed, will be qualified for compensation. All qualified people affected by the project will be given the rational compensation and help. * The peasants of Xiaoyu village affected by land acquisition of the project * Owner of ground attachments temporarily affected by sewers construction of the project * Entities temporarily affected by sewers construction of the project * Individual temporarily affected by sewers construction of the project 7.2 Compensation policy Compensation for collective land acquisition of the project is identified as follows l * Land compensation and labor resettlement subsidy for the collective vegetable lands of Xiaoyu village will be identified as 19 times of average annual output value of the last three years in the acquired vegetable land, among which 10 times for land compensation and 9 times for labor resettlement. Compensation for nursery land, fish pond and construction land to be occupied by the project will be identified based on the above mentioned standard. * Compensation for young crops will be identified as I time of average annual output value. * Compensation for house demolition will be identified based on replacement cost. * Compensation for ground attachment affected by the project will be identified based on market price. 7.2.1 Principle The resettlement and compensation policy for the project is made based upon the concerned policies prescribed by the People's Republic of China, Liaoning Provincial People's Government, Shenyang Municipal Government and the World Bank as follows El * The compensation standard for properties affected by the project will be identified based upon replacement cost * The compensation will be paid before properties and land are occupied * Shenyang Urban Wastewater Treatment Ltd. Company will negotiate on compensation standard and resettlement with the owners of properties affected by the project. * Compensation for house demolition will be identified according to the construction area and replacement cost of the houses to be dismantled. * Assistance, training and employment opportunity will be provided for resettlement of agricultural labor on land to be occupied by the project to ensure their living level not lower than before the project. * Compensation for ground attachments will be identified according to market price. * All people affected by the project will be given rational compensation. * To ensure people who lost their land due to the project won't be unemployed. * Infrastructures affected by the project will be rehabilitated and reconstructed. 7.2.2 Compensation policy for all kinds of PAPs A. Administration committee of Xiaoyu village: * Get land compensation * To restore income level of PAPs by using land compensation and labor resettlement subsidies. * B. Collective land contractor: * By land reallocation in the whole village they can re-obtain lands for agricultural production. 37 Shenyang-rap-e-lrbp2 DRaft Jan 24 2002 Resettlement Action Plan of Shenyang Wastewater Treatment Project * Compensation for young crops which is identified as one time of average annual output will be paid to them. * Rural people affected by the house demolition * Get house demolition compensation according to replacement cost * Get a plot for house reconstruction without any cost * Get compensation for house moving * Build house by themselves according to plan C. Entities affected by the project * Get house demolition compensation according to replacement cost * Rehabilitation and reconstruction will be responsible for by themselves, if new construction land is needed Shenyang Land Administration Bureau will arrange for it. * Get compensation for transportation and installation of materials and equipment. * Get compensation for production interruption and employees' salary D. Owner of the ground attachments * Compensation will be given to the owner of affected ground attachments based on market price. 38 Shenyang-rap-e-lrbp2 DRaft Jan 24 2002 Resettlement Action Plan of Shenyang Wastewater Treatment Project 8 COMPENSATION STANDARD 8.1 Collectively-owned land acquisition Compensation standard for collective land is developed according to the Land Administration Law of the People s Republic of China with the reference of the profits from the acquired land. Table 8-1 shows the average annual output for the previous 3 years. Table 8-1 Average annual output of the acquired land of Xiaoyu Village in the previous 3 years Unit: RMB Yuan/hectare Year 1998 1999 2000 Average Vegetable land 44,000 46,000 45,000 45,000 Cash land 33,500 35,000 35,000 34,500 Land acquisition for the proposed wastewater treatment plant belongs to Xiaoyu Village, Zhaijia Town in Yuhong District of Shenyang City. At present, the village has a population of 2,950, and agricultural land of 262.7 ha (0.089 ha/per capita.). So, the land price is rather high. According to the Land Administration Law of the Peopie s Republic of China, the Xiaoyu villager committee, Drainage Co. and Shenyang Land Administration Bureau have reached an agreement that land compensation multiples shall be 10, that of resettlement subsidy shall be 9 and the total compensation multiples shall be 19. And young crops compensation multiples shall be 1. According to the Liaonin2z Implementation Measures on Agzricultural Land Acquisition Tax, agricultural land acquisition tax on the proposed project will be 7.05 Yuan/M2. According to Liaoning Land Administration Regulation, land reclamation cost shall be 10 Yuan/M2 and vegetable land rehabilitation cost is 300,000 Yuan/hectare, contingency is 2% of land acquisition cost, administration fee is 2% of the land acquisition cost. Table 8-2 shows the compensation standard. Table 8-2 Compensation standard for land acquisition Unit: RMB 104 Yuan/hectare Compensatio Vegetab Crops Agricult Comenstiole land CosArcl Land n for land ea mp Contingen Administrat ural Ian Types and labor rehabili ensati cy ion fee acquisiti reclamation Total resettlement tation on tax ee fund on Vegetabl 85.5 30 4.5 1.8 1.8 7.05 10 140.65 e land ansdh 65.55 3.45 1.311 1.311 7.05 10 88.672 Land Land Land Shenya Liaoning Affected adminis Land administr administra ng land Receiver villages or . contra . . fmancia . tration ation tion resource agencies ctor I bra agency agency agency bureau bureau Compensation standard for garden land will be same as that of the vegetable land. 8.2 State-owned land State-owned land acquired by the project is mainly concerned with the land acquisition of pumping stations. 39 Shenyang-rap-e-lrbp2 DRaft Jan 24 2002 Resettlement Action Plan of Shenyang Wastewater Treatment Project Construction of Wu'ai pumping station will acquire land of Qingnian Nursery. Present user of that land is Shenyang Greening Administration Bureau, which has obtained the land tenure for free. After project land acquisition, Shenyang Greening Administration Bureau will move Qingnian nursery into other nurseries under its administration. Beisan pumping station will acquire the land of Xiaobei No.2 Storage, Shenyang Storage and Transportation Company, which has obtained the land tenure for free. After project land acquisition, Shenyang Storage and Transportation Company will get another land with the same area according to the master plan. The project implementation agency will pay the land transfer fee. According to the "Notice on Shenyang Urban State-owned Land Categories and the Utilization Right Transfer Price Standard" issued by Shenyang Land Administration Bureau and Shenyang Price Bureau, the land transfer price will be: 938 Yuan/M2 for Wu'ai pumping station, and 317 Yuan /m2 for Beisan pumping station. 8.3 Temporary land use Land to be used temporarily by the project is mainly vegetable land. According to the relevant regulations on the temporary land use of Shenyang city, compensation for young crops shall be paid (temporary land use by interceptors shall be compensated according to the number of growing in half a year, while annual output of vegetable land will be assumed as 45,000 RMB Yuanlhectare. Land recovering costs shall be 1.7 times of the annual output, Administration fees shall be 4% of young crops compensation and land recovering costs. Table 8-4 shows compensation standard for temporary land acquisition. Table 8-4 Compensation standard for temporary land acquisition of collective-owned land Unit: RMB 104 Yuan/hectare Type Young crops Land recovering Administration fee Total compensation costs Vegetable 2.25 7.65 0.396 10.296 Receiver Land contractor Villages' Land administration Receiver ILand contractor Icommittee departments 8.4 Resettlement and compensations for enterprises and residences affected by house demolition Housing compensation standard of enterprises and village residence shall be identified according to replacement costs. Compensation standard has been identified based on Shenyang Housing Standard Replacement Costs, developed by Shenyang Urban and Rural Construction Commission, Shenyang Real Estate Administration Bureau, Shenyang Price Bureau and Construction Bank Shenyang Branch. Displacement subsidy and transition costs shall be paid in compliance with "Housing Demolition Measures for Shenyang Slum Residential Area Reconstruction" Order No.17 issued by Shenyang People's Government. Table 8-5 shows the details. 40 Shenyang-rap-e-lrbp2 DRaft Jan 24 2002 Resettlement Action Plan of Shenyang Wastewater Treatment Project Table 8-5 Compensation standard for enterprises and residences affected by house demolition Affect Affected Relocation compensation policy Compensation standard type people Village Land propert Bricks and wood house 360 Yuan/mr residenc own er Move subsidy 100 Yuan/family e Transition costs 10 Yuan/e (1) directly purchase the apartment for the private property ownership according to housing reform policy (2) alternative options between monetary and physical compensation (3) physical compensation: Unit price of the resettlement apartment to 400 Yuan/ m2 cover the original house area Unit price for additional areas 520 Yuan/ m2 Urban Those who are unable to purchase new apartment residenc Land user could rent the apartment e (4) monetary resettlement 2,000 Yuan/ m2 Average price of common commercial apartment x (Average price of building areas of the demolished house common commercial apartment) (5) temporary resettlement subsidy 100 Yuan/family (6) resettlement compensation when move to other places Further than 2km 2,000 Yuan/family Further than 5km 4,000 Yuan/family Over 5km, compensation per Ikm distance increase 1,000 Yuan/family Frame structure 762 Yuan/ m2 Brick and concrete 455 Yuan/ m2 Brick and wood 360 Yuan/ mr Simple 230 Yuan/ m2 Simple warehouse 100 Yuan/ m2 Enclosing walls 120 Yuan/m Equipment movement and installation To be negotiated compensation Enterpris Salary compensation: es Enterprise 350 Yuan/capita during the construction period; Profit compensation: to Staff salary compensation when producing stopped be negotiated according to demolition amount, affected extent and profit in the previous year. House demolition compensation (brick and 10 Yuan' m2 concrete) I_ _ _ _ _ _ _ _ _ _ _ _ _ Note: Salary compensation rate is determined according to payable income 350 Yuan/capita in Shenyang city and twons. Compensation period is determined according to the production interruption period. 8.5 Compensation standard for ground attachments Compensation standard for ground attachment has been identified based on the relevant regulations of 41 Shenyang-rap-e-lrbp2 DRaft Jan 24 2002 Resettlement Action Plan of Shenyang Wastewater Treatment Project Shenyang People's government and market price. Details are given in Table 8-6. Table 8-6 Compensation standard for ground attachment of Xiaoyu village and land contractor Dai Shuqing affected by the WWTp No. I t errs Linhi t ULhi t pr i ce Rerar k (Yuan) 1 High voltage Power pole Piece 1, 000 2 High voltage power line M 7 3 Scallion Mu 3 000 4 Bailu scallion Mu 3, 000 5 Strawberry Mu 4, 000 6 Beida seedling Piece 5 Zigen seedling Piece 8 Brick Piece 0. 02 9 Elm tree Piece 4 10 Poplar and willow tree Piece 5 Above 1.7m high I11 Poplar and willow tree Piece 4 Low than 1.7m high 12 Pagoda tree Piece 25 13 Loss of production Corpensat i on materials on one t i rre 14 House made of brick and M2 240 Covered asphalt felt 15 House made of brick and M2 200 Not covered asphalt felt 16 Iron netting door Piece 500 17 Enclosure wall M 120 1 8 Bamboo fence M 30 19 Manual well Piece 800 20 Wire M 7 Hose wire 21 Plum tree Piece 45 22 4 inch motor well Piece 4, 000 23 6 inch motor well Piece 6, 000 24 Concrete power pole Piece 600 8m high 25 Concrete power pole Piece 600 6m high 26 Wood power pole Piece 100 27 Grape pole Piece 13 28 Guard house M2 170 Covered 29 Guard house M2 100 Not covered 30 Grape tree Piece 35 31 Pear tree Piece 30 32 Water well Piece 45, 000 33 Water tank M2 200 34 Small cavity M 100 42 Shenyang-rap-e-lrbp2 DRaft Jan 24 2002 Resettlement Action Plan of Shenyang Wastewater Treatment Project 35 Transformer KVA 1, 200 36 Water lifting station Piece 100, 000 Table 8-7 Compensation standard for ground attachments of Jingshen Nursery affected by the WWTp No. I t ens L'i t Lni t pr i ce Renar k (Yuan) 1 House made of brick M2 300 and tile 2 Brick house Ml 430 Prefab concrete board Iron board house 300 4 House made of brick M' 240 and asphalt felt Enclosure wall M 120 6 Side room 150 7 Toilet M2 240 8 Water tank M2 12 Green house M2 40 10 Fish feeding pond Mu 3,000 11 Construction cost Mu 1, 000 12 Cellar M' 300 13 Iron door Piece 500 250mm diameter 14 Brick Piece 0. 02 15 Concrete board Truck 110 16 Fowl Piece 5 17 Water lifting pump Piece 1, 000 18 Pear tree Piece 30 19 Plum tree Piece 45 20 Elm tree Piece 4 21 Cherry seedling Piece 15 22 Concrete powder Truck 110 23 Sundries Truck 110 24 Grape tree Piece 10 25 Manual well Piece 800 26 4 inch motor well Piece 4, 000 27 Water well Piece 45, 000 28 Transformer KVA 1, 200 29 Concrete power pole Piece 600 6m high 30 Wire M 5 Twisted-pair 31 Plastic film Ton 9, 000 32 Cypress and privet * Compensat seedling ion on one time 43 Shenyang-rap-e-lrbp2 DRaft Jan 24 2002 Resettlement Action Plan of Shenyang Wastewater Treatment Project 44 Shenyang-rap-e-Irbp2 DRaft Jan 24 2002 Resettlement Action Plan of Shenyang Wastewater Treatment Project 9 RESETTLEMENT AND REHABILITATION 9.1 Resettlement plan for people of Xiaoyu village affected by permanent land acquisition The affected people by permanent land acquisition of the proposed project are Group I villagers of the Xiaoyu village, with 720 persons in total. After the land acquisition, there will be 33 ha. agricultural land left. Now, there are 40 ha. reserved land in the Xiaoyu Village. Rehabilitation plan of Xiaoyu village is that: the 40 ha. reserved land will be re-allocated to the 249 persons, who are directly affected by the land acquisition. After the re-allocation, land occupation will be 0.16 ha. per capita, which is lower than the 0.23 ha. per capita before the project (0.07 hectare reduced); However, the following measures will be undertaken by Xiaoyu Village in order to avoid living standard decrease of the affected people,: The land compensation costs and resettlement subsidy should be fully used on the 40 ha. reserved land to develop greenhouses. The vegetables and fruits, such as cucumber, eggplant, broccoli, and peach trees, etc. with high economic benefits will be produced in greenhouses. The resellers have had experiences in planting in the greenhouse before. Training may be needed when necessary. (1) The land compensation costs will be used to development industries with other agencies, to provide job opportunities for the affected villagers. The industries include: * Beijing Liubiju Pickles Plant branch, with land occupation of 1.3 ha. 300 persons will be recruited. Land tenure has already been confirmed. * Shenyang Huilong Electrical Appliances Co. Ltd, with land occupation of Iha. 130 persons will be recruited. Land tenure has already been confirmed. * Shenyang Weiming Decoration Materials Co. Ltd, with land occupation of 0.3ha. 200 persons will be recruited. Land tenure has already been confirmed. (2) The affected peasants of Xiaoyu Village have 2 options to choose. According to survey, 46 among affected people prefer to employment, and other 203 affected people prefer to continue to take agricultural activities. Xiaoyu Village will allocate certain agricultural land or provide employment opportunity for them depending on their own idea. Relative training will also be offered before their employment. With the carrying out of these measures, living standard of affected people in Xiaoyu Village will not be decreased. 9.2 Rehabilitation plan for people affected by temporary land use Construction of the sewers upgrading will have temporary impact on the peasants near the sewer areas. The construction period is estimated of 2 to 4 months; As the construction completion, the land compensation for the temporary land occupation will be used to restore the land function. The direct affected peasants shall be compensated in the construction period. Table 84 shows the compensation standards. 9.3 Compensation on Jingshen Nursery (land contractor: Chen Shaopeng) According to the land contracting agreement between Chen Shaopeng and Xiaoyu Village Commercial and Trade Company, with the validity of the contract of land acquisition by Western Treatment Plant, agreement of Chen will be automatically terminated. Chen needs not to continue being charged with contracting costs. Compensation costs for ground attachments within his contracted land will be paid to Chen. If land acquisition occurs in non-planting season, Xiaoyu Village Commercial and Trade Company will compensate 45 Shenyang-rap-e-lrbp2 DRaft Jan 24 2002 Resettlement Action Plan of Shenyang Wastewater Treatment Project Chen with 100 RMB Yuan per mu (1500 RMB Yuan/ha). Jingshen Nursery don't has fixed or long term workers. If workers are needed, Chen Shaopeng, the owner of the nursery, only employs several labors temporarily from Labor Market of Xiaoyu hamlet at a wage of 2 Yuan per hour. So it is not necessary to compensate for employees' salary of Jingshen Nursery. 9.4 Compensation on land contractor Dai Shuqing According to the land contract agreement between Dai Shuqing and Xiaoyu Village Commercial and Trade Company, when superior department acquires the land, compensation issues shall be negotiated mutually between the two parties. With the validity of the contract for the land acquisition by Western Treatment Plant, land contract agreement of Dai Shuqing will be automatically terminated. Dai has already handed in 280,000 RMB Yuan for the land contract fee. In Dai's agreement, land contracting period is 30 years and she has already used 2 and a half years. Xiaoyu Village will return the remaining contract fee to Dai Shuqing (land contract fee=280,000Yuan xland used period /contract period). Compensation for the ground attachments within her contracted land will be paid to Dai. Dai is a private proprietor, with several companies. The termination of her contract will not decrease her living standard. Due to Dai Shuqing don't start any business on the land until now, so no employees need to be compensated by the project. 9.5 Resettlement of the villagers affected by house demolition The affected villagers will be resettled by self-demolition and self-reconstruction. Affected village of will allocate 76,700 m2 land for house reconstruction to the affected 295 households, according to the standard of 260 m2 each household. The affected villagers will make use of house compensation and resettlement subsidy to build their houses. Resettlement land for villagers affected by house demolition are given in the following table: Village Affected households Resettlement land for house reconstruction Area location (m2 Wangjia 50 13,000 Wangjia Nanliguan 160 41,600 Nanliguan Dapu 85 22,100 Dapu Total 295 76,700 9.6 Resettlement of urban residents affected by house demolition There are 2 options for the resettlement of the affected urban residents: (1) Physical resettlement. According to the regulations of Shenyang People's Government, all the 2 affected families will be resettled with apartments of Type One. The affected families will purchase new apartments at the price of 400 Yuan/M2 for their original area recover and at 520 Yuan /m2 for additional area, with entire house property ownership. The resettllers with no ability to purchase new apartment will negotiate with the Drainage Co. to for apartment renting issues. (2) Monetary resettlement: Monetary resettlement will be based on the building areas of the demolished houses. Unit price will take the average price of common marketable housing. The resettlers will be paid with cash. For those who are unable to purchase the new apartment and are going to rent the apartment, the compensation will be deducted by 15% for house property ownership compensation costs. 46 Shenyang-rap-e-lrbp2 DRaft Jan 24 2002 Resettlement Action Plan of Shenyang Wastewater Treatment Project 9.7 Resettlement of affected enterprises Shenyang Qingnian Nursery and Xiobei No.2 storage of Shenyang Preservation and Transportation Company will suffer from permanent land occupation due to pumping station construction. However, the other 13 enterprises will only be temporarily affected brought by the construction of interceptors. These 13 enterprises distribute along the 6415 m interceptor and most of them can be rehabilitated in the surrounding area except 4 enterprises will be rehabilitated in other new location. According to netotiation with the affected enterprises, the enterprises will make use of their compensation to restore their production in nearby area. As the construction of the interceptor will be conducted section by section, construction will be conducted first and demolition after, and the normal operation of the industries will not be affected. When production interrupt in the construction period, certain compensation will be provided to cover staff salary and industry profit losses. Table 9-1 shows the compensation and rehabilitation options on the affected enterprises. Table 9-1 Compensation and Rehabilitation on the Affected Entities bb. Reset tlIed l and Conrpensat ion No rre of af f ect ed ent i t i es Reset t I enrent pl an _ ( ) (104 Yuan) 1 Shenyang minitype electromotor 84. 48 Peset t I ernent by factory 900 i t sel f 2 Shenyang air-blower equipment 73. 78 Reset t I erent by plant 900 i t sel f 3 Shenyang north blast furnace 40. 98 Reset t I errent by plant 513 i tsel f 4 Shenyang Shentie ventilation 81. 35 Peset t I errent i n equipment plant 1018 ot her new l ocat ion 5 Sand digging plant Pr esent 5. 88 .ccupi ed I and Reset t I errent by occupi ed l and i t sel f 10, OOOni 6 Timber processing plant 22. 29 Peset t I errent by 200 i t sel f 7 Jinbao Iron products 44. 62 Peset t I erent by manufacture Plant 480 ______ ~~~~~~~~~~~~~~~~~~~~~~~~~~~i t sel f 8 Shenyang meat processing plant 15.21 Peset t I enent by 150 i tsel f 9 Shenyang Duocai wood crafts 62. 22 Reset t I errent by Ltd. company 800 i t sel f 10 Shenyang branch of Liaohe 344.81 Reset t l erent by Aiming animal feedstuffs Ltd. 3, 418 company i t sel f 11 Gas station 35 Reset t I errent i n 147 ot her new l ocat i on 12 Yalan artifical flower plant in 145. 38 Reset t I enent i n Yuhong district 1685 ____ ___________ ~~~~~~~~~~~~ot her new l ocat ion 13 Shenyang Xinghuan chemical 427. 7 Reset t I errent i n plant 9400 plant 9400_______________________________ ot her new l ocat i on 47 Shenyang-rap-e-lrbp2 DRaft Jan 24 2002 Resettlement Action Plan of Shenyang Wastewater Treatment Project 14 Xiaobei No. 2storage 35. 70 tset t I erent by 3000 15 Shenyang Qingnian nursery 3600 115.60 RbsettI errent by Total 26,211 1535 The 4 entities are all sponsored by respective village, so after demolition, the respective village will be responsible for providing a new location to these affected entities for resettlement. 10 ENVIRONMENTAL PROTECTION Environmental protection will be paid more attention during land acquisition and house demolition and sewers construction of the project. 10.1 The environment around Xiaoyu village After PAPs get compensation and resettled, their productive and living level will improve to a certain extent. Administration committee of Xiaoyu village will improve infrastructure and beautify residential environment by using the compensation. 10.2 Clean up of dismantled houses All kinds of garbage produced by structures demolition will be cleaned up and dumped to the place appointed by Shenyang Urban Appearance Administration Department. 10.3 Policy eliminating environment impacts caused by sewers construction * Sewers are mainly installed along the dam of Hu river which hectareve a small environmental impacts and no large traffic impacts. * Measures relieving dust: Air borne dust in dry weather condition due to excavated soil stockpiled on the side of road will affect the surrounding entities and people. In order to relieve the impacts during construction period, water will be sprayed on excavated soil in fine or windy day to avoid dust raising. The waste soil will be disposed appropriately in time and over-loading during delivery to outside will be avoided. The construction site and hectareuling route will be cleaned up timely. * Noise controlling: Construction noise produced by excavation, vehicle bugle, engine, concrete mixing and road roller will affect the surrounding residence. To relieve these noise impacts construction is forbidden within 200 m distance from residential areas during 11 o'clock at night to 6 o' clock in the morning. In addition equipment with low noise will be adopted as possible. In case of urgent construction at night affecting the surrounding residence noise-relieving measures should be taken and the noise intensity should be controlled within 40-60 dB, at the same time noise isolator around construction site will be installed to ensure the acoustic environment in residential areas. * Solid waste disposal in construction site: The owner and construction unit of the project should contact with the local sanitary department to clean up solid waste timely and ensure the cleaning at construction site. 48 Shenyang-rap-e-lrbp2 DRaft Jan 24 2002 Resettlement Action Plan of Shenyang Wastewater Treatment Project 11 PUBLIC PARTICIPATION AND CONSULTATION 11.1 Strategy of public participation Public participation and consultation will be paid much more attention. And comments and suggestions of PAPs were collected extensively and considered during the process of resettlement planning and implementation so thectaret appropriate arrangements for resettlement are in place which meet PAP needs and desires wherever possible, and which protects the legal rights of affected entities and individuals. Complaints and grievance of PAP are to be avoided and reduced as possible through implementation of consultation processes. In the feasibility study stage of project the project management office made many times survey on opinions and comments of municipal and each district government, people's congress, political consultation congress, public communities, PAPs for sewer route, location and plan of WWTP and land acquisition and resettlement. The survey results are analyzed and put into the report. Table 11-1 shows the general information on public participation and consultation of Shenyang project. Public participation and consultation will be encouraged and strengthened by using the following ways in the future: (1) PAPs will participate in the process of demolition and resettlement. The administration committee of Xiaoyu village and representatives of PAPs will participate in the process of survey of affected houses and ground attachments, compensation standard determination, negotiation and implementation of compensation/resettlement agreements to ensure the full consideration of PAP's interests and comments and to guarantee the fair, reasonable and transparence of resettlement and demolition. (2) Holding consultation meeting Discussion meeting with people, village cadre and women representative accounting for more thectaren 300/oaffected by land acquisition and demolition attended will be held 6 month prior to land acquisition. In the meeting general information such as resettlement policy and resettlers' rights will be announced and opinions and comments of PAP will be collected. (3) Holding mobilization meeting Mobilization meeting will be held 3 month prior to implementation of land acquisition and demolition so thectaret concerned information on policy and regulations, compensation standard and resettlement plan are disclosed and are known by PAPs as early as possible. (4) Using public media will propagate policies conceming land acquisition and demolition. (5) Issuing public announcement of land acquisition Yuhong District People's Govemment will issue the public announcement of land acquisition. Firstly the announcement will be send to people's govermment of town level and village, and then the leaders of village will be responsible for distribution to each household and people at the same time the announcement will be pasted on the bulletin board of the village for information disclosure. 49 Shenyang-rap-e-lrbp2 DRaft Jan 24 2002 Resettlement Action Plan of Shenyang Wastewater Treatment Project (6) Resettlement plan and land reallocation plan will be negotiated and identified democratically in Xiaoyu village under the guide and help of Shenyang Land Administration Bureau and People's Govermnent of Yuhong District. (7) The Resettlement Action Report reviewed and approved by the World Bank will be kept in Shenyang Urban Wastewater Treatment Ltd. Company and Shenyang Urban Construction Project Management Office for the report available to be read by anyone who is interested in the project. (8) After the resettlement plan report is approved by the World Bank, Shenyang Urban Construction Project Management Office will summarize and prepare a resettlement manual which will be hectarend out to each PAP. Table 11-1 Public participation information Date Site Attending people Topic Conclusion 12 Government Part of PAPs and Inquire the opinion It is think thectaret the September of working staffs of and comments of PAP construction of WWTP will 2000 Zhectareijia project office, on environmental produce a certain adverse wastewater impacts of WWTP impacts on surrounding company, land construction, at the environment but it can administration same time publish improve the overall bureau and town public announcement environment of the city government of land acquisition largely. All people expressed to support the proiect. 17 Xiaoyu Concerned staffs Opinions of villagers Get a initial agreement September village of land on land acquisition 2000 administration were inquired at the bureau, project same time survey table office and was distributed. Land wastewater acquisition was company negotiated with administration committee of Xiaoyu village 25 Xiaoyu Part of PAPs and Opinions and It is think thectaret the September village working staffs of comments of villagers project construction benefits 2000 project office, were inquired and the state and collective and also wastewater survey table was favorable to people's health. company and collected. All people expressed their village supports to the project administration committee 9 October Xiaoyu Part of PAPs and Survey on villager's There are no minority 2000 village working staffs of living level people within impact scope project office, and villagers lived richly. wastewater company 18-19 Xiaoyu Part of PAPs and Negotiation on All organizations expressed October 2000 village working staffs of compensation and their willing to participate project office, resettlement plan for and assist the wastewater land acquisition and implementation of land company, town affected facilities on acquisition and government and ground identification of 50 Shenyang-rap-e-lrbp2 DRaft Jan 24 2002 Resettlement Action Plan of Shenyang Wastewater Treatment Project village compensation and administration resettlement plan. committee 15 Publish All citizen in the Inquire public opinion Letters and calls are September "public whole city and comments on received from part of 2000 participation project construction citizen. They support the advertisemen project but hope to take t" in local measures to reduce adverse newspaper impact. 11.2 Public opinion survey From 12 September to 19 October 2000 Shenyang Urban Construction Project Management Office and Shenyang Urban Wastewater Treatment Ltd. Company carried out a survey of socioeconomic condition, public opinions. 53 households affected by or benefit from the project were solicited on their opinions of resettlement. The results of opinion poll show: 90% of sampling households think that urban wastewater will harm seriously people's living and working; 60% of sampling households are aware of the project, and 85% agree and support the project; 65% of sampling households are aware of or partially understand the policies on land acquisition, house demolition, resettlement and compensation; 85% of the sampling households think that the project will benefit the state; 80% think that the project will benefit the collective; 600/o think that the project benefit to individuals; 90% know that they can appeal to concemed department when their rights are infringed. Table 11-2 shows the details of the survey. 51 Shenyang-rap-e-lrbp2 DRaft Jan 24 2002 Resettlement Action Plan of Shenyang Wastewater Treatment Project Table 11-2 Results of public opinions and comments survey Househ Results %0 Questions Answers olds (1) (2) (3) |(4) | (5) A B C D E F G H Do you know that the O I 0 Yes] 2 OKnow a little about 5 project will begin to ito 310 No 53 60 40 0 0 O construct?____ ___ Do you agree and support 0 10 Ye0] 2[N6] 3[Indifference 53 85 10 5 O O the project?______ a) State (I)Yes (2)No 53 85 15 0_ O] 0 Who will benefit from th b) Coletive (1)Yes (2)No 53 80 20 1] n El project?(multiple choices) b) Collective (I)Yes (2)No 53 80 20 0 0 0 c) Individuals (I)Yes (2)No 53 60 40 0 10 01 0 1 i Economic loss 0 2 0 Deterioration of living D envirornent Do you know which 0 30F Do harm to resident health 53 8 90 0 70 6 potential hazard will be 14] 3DhArmeto r nesid ent helt 80 90 80 70 65 made by urban wastewater? (4) Affect investment environment 0 5 0 Smear the images of Jinzhou city o1 11C No impacts To what degree dose the 0 20 Not seriously 53 5 15 50 30 O your work and life? 0 3 1 Rather seriously 0 40 Seriously 0 1 0 Improve living environment 0 2 0 Improve working Which benefit do you think environment 53 80 60 40 50 0 that you can get from the D 3 0 Provide employment project? opportunity 0 40 Benefit health of body and mind 0 1 0 No adverse impacts 0 2 0 Affect traffic conditions Which adverse impacts do Li 30 Economic loss caused by you think that the project house demolition 53 80 10 20 15 0 make on you? 0 4 OPossible income decreasing caused by land acquisition Li 5 0 Other adverse impacts _ Do you know the policies 1 IO Yes on land acquisition, 0] 20 Know a little about 53 30 35 35 O] demolition, resettlement O and compensation? 0 31] No Do you know that you can IYes0 10 appeal when your rights are 0 20 No 53 90 10 0 0 0 ,infringed? a ] N o 2 52 Shenyang-rap-e-lrbp2 DRaft Jan 24 2002 Resettlement Action Plan of Shenyang Wastewater Treatment Project 12 INTEGRATION WITH HOST COMMUNITIES AND POPULATION The people affected by house demolition of the project all live in suburb area of Shenyang city. They have the same or similar living and production custom, social and cultural background with people living in urban area of Shenyang. After resettlement their social relationships will not be broken so there are no obstacle on integration of resettlers with host communities and populations. 53 Shenyang-rap-e-lrbp2 DRaft Jan 24 2002 Resettlement Action Plan of Shenyang Wastewater Treatment Project 13 GRIEVANCES AND APPEALS Special attention will be paid to the participation of individuals and entities affected by the project, Jinzhou Jiaxin Ltd. Company throughout the process of compilation and implementation of RAP. Transparent and efficient grievance redressing procedure is established for the project as follows: Stage I: * If people or entities affected by the project are not satisfied with the RAP and implementation of RAP, they can appeal to concerned departments orally or in writing. And concerned department should settle the grievance within 2 weeks. * Stage Il: . * If people or entities affected by the project are not satisfied with the solution of stage I, they can then appeal to Shenyang Urban Construction Project Management Office. Shenyang Urban Construction Project Management Office should make a decision on complaint within 2 weeks. * Stage III: * If people or entities affected by the project are still dissatisfied with the solution of stage 11, they can appeal to Shenyang House Demolition Management Office (the organization in charge of supervision and arbitration of house demolition) or Shenyang Land Administration Bureau (the organization in charge of supervision and arbitration of land acquisition) and submit the dispute for arbitration. The arbitration organization will make arbitration on the complaint within 10 days. * Stage IV: 0 * If people or entities affected by the project are still dissatisfied with the arbitration, they can appeal to the people's court in accordance with the administration procedure law of PRC after receiving the decision of the arbitration organization. The people or entities affected by the project can make an appeal on any issues of resettlement. The PAPs will be informed of the grievance redressing procedures above mentioned through meetings and other ways to ensure that they are clear about their rights of grievance and appeals and their own rights can be protected. 54 Shenyang-rap-e-lrbp2 DRaft Jan 24 2002 Resettlement Action Plan of Shenyang Wastewater Treatment Project 14 IMPLEMENTATION SCHEDULE OF RESETTLEMENT ACTIVITIES 14.1 Coordination of resettlement implementation and project construction According to the project construction schedule, the construction of Shenyang Western WWTP will begin in April 2002 and will be completed in December 2004. The schedule of land acquisition, house demolition and resettlement should be determined according to schedule of project construction schedule. The basic principles to ensure the progress of land acquisition, house demolition and resettlement fit to the project construction progress is showed as follows: • The schedule of land use of the project will be determined according to the schedule of sewers construction and treatment plant construction respectively. * Sufficient time should be left for land acquisition and resettlement before project construction begins. * Land acquisition shall be completed one month before land use of project. The Joint schedules of project construction and land acquisition are showed in table 14-1. Table 14-1 Schedule of project construction and land acquisition Date of land t item Date of construction acquisition and Date of resettlement demolition Begin Finish Begin Finish Begin Finish Shenyang western WWTP and counterpart 2002.4 2004.12 2000.12 2003.10 2001.5 2003.10 interceptions I Urban sewer upgrading 2002.4 2002.12 2001.12 2002. 3 2001.5 2003.9 14.2 Schedule of land acquisition, house demolition and resettlement Table 14-2 and table 14-3 show the schedule of land acquisition, demolition and resettlement made according to above mentioned principles. Table 14-2 Schedule of land acquisition and resettlement activities for WWTp Activities WWTp To identify the scope of land acquisition and house 2000.7 demolition To check the survey results of tangible materials affected 2000.8-10 by the project Holding mobilization meeting and announcing relevant 2000.10 policies Issuing land acquisition and demolition notice 2000.9.13 To negotiate and sign the agreement of compensation and 2000.11 2001.5 resettlement Payment of compensation cost 2002.1-2002.3 Old house or facilities dismantle 2002.1-2002.4 55 Shenyang-rap-e-lrbp2 DRaft Jan 24 2002 Resettlement Action Plan of Shenyang Wastewater Treatment Project Table 14-3 Schedule of land acquisition and resettlement activities for WWTp Activities Interceptions To identify the scope of land acquisition and house 2001.11 demolition To check the survey results of tangible materials affected 2002.1-2002.10 by the project Holding mobilization meeting and announcing relevant 2002.6 policies ____________________ Issuing land acquisition and demolition notice 2002.10 To negotiate and sign the agreement of compensation and 2002.10-2002.11 resettlement ____________________ Payment of compensation cost 2002.11-2003.2 Old house or facilities dismantle - 2003.2-2003.10 56 Shenyang-rap-e-lrbp2 DRaft Jan 24 2002 Resettlement Action Plan of Shenyang Wastewater Treatment Project 15 COST AND BUDGET FOR COMPENSATION 15.1 Cost All cost incurred in land acquisition, demolition and resettlement will be included in the overall budget of the project. Calculated at the price in September 2001, the total cost of land acquisition, demolition and resettlement of the project is RMB 125.94 million Yuan. 15.1.1 Basic cost Basic cost include compensation for permnanent land acquisition, temporary land use, house demolition, demolition and reconstruction of entities and ground attachments. Details of compensation for the affected entities are showed in table 9-1. And table 15-1, table 15-2 and table 15-3 given the detailed compensation for ground attachments affected by the project. Table 15-1 Compensation for ground attachments of Xiaoyu village and the land contractor DaShuqing affected by the land acquisition of WWTp CorTpensat i o Qiant it i Tot al No. I t errs Lkdi t Rerrar k n standard es (Yuan) (104 Yuan) 1 High voltage Power Piece 103 1, 000 10. 3 pole 2 High voltage power M 20280 7 14. 196 line 3 Scallion Mu 64.81 3,000 19.443 4 Bailu scallion Mu 54. 91 3, 000 16.473 5 Strawberry Mu 2. 34 4, 000 0. 936 6 Beida seedling Piece 8000 5 4 7 Zigen seedling Piece 450 1 0. 045 8 Brick Piece 6000 0. 02 0. 012 Elm tree Piece 1550 4 0.62 10 Poplar and willow Piece 1000 Above 1. 7m 5 0. 5 tree 11 Poplar and willow Piece 485 Bel ow 1. 7m 4 0.194 tree 12 Pagoda tree Piece 35 25 0. 0875 13 Loss of production Conpensat i o 30 materials n on one t i me 14 House made of brick M2 66 Covered 240 1.584 and asphalt felt 15 House made of brick Mz 234 Nbt 200 4. 68 and asphalt felt covered 16 Iron netting door Piece 2 500 0. 1 17 Enclosure wall M 324. 4 120 3. 8928 18 Bamboo fence M 110 30 0.33 19 Manual well Piece 1 _ 800 0. 08 20 Wire M 700 Hbse w re 7 0.49 57 Shenyang-rap-e-lrbp2 DRaft Jan 24 2002 Resettlement Action Plan of Shenyang Wastewater Treatment Project 21 Plum tree Piece 48 45 0. 216 22 4 inch motor well Piece 4 4, 000 1. 6 23 6 inch motor well Piece 1 6, 000 0. 6 24 Manual well Piece 1 800 0. 08 25 Concrete power pole Piece 13 8m hi gh 800 1. 04 26 Concrete power pole Piece 3 6m hi gh 600 0. 18 27 Wire M 1750 Fbse w re 7 1.225 28 Wood power pole Piece 16 100 0. 16 29 Grape pole Piece 491 13 0. 6383 30 Guard house M' 63. 2 Covered 170 1. 0744 31 Guardhouse m 34 NDt 100 0. 34 covered 32 Grape tree Piece 1552 _ 35 5. 432 33 Pear tree Piece 74 30 0. 22 34 Plum tree Piece 1130 45 5. 085 35 Water well Piece 10 45, 000 45 36 Water tank 65 200 1. 3 37 Small cavity M 180 100 1. 8 38 Transformer KVA 250 1200 30 39 Water lifting station Piece 1 1 100, 000 10 Tot al I __ 213. 956 Table 15[1 2 Compensation for ground attachments of Jingsheng Nursery affected by land acquisition of WWTp I t errs Uni t Qiant iti Rerrar k Corrpensat i Tot al ND. es on st andard (10' Yuan) (Yuan) I House made of brick M' 115.2 300 3.456 and tile 2 Brick house 674. 4 Pr ef ab 430 28. 9992 concr et e board 3 Iron board house M2 33.6 300 1.008 4 House made of brick M' 16. 45 240 0. 3948 and asphalt felt_ 5 Enclosure wall M 826.8 120 9.9216 6 Side room M9 _ 150 0. 135 7 Toilet 10 240 0.24 8 Watertank M 12 200 0.24 9 Green house 468 40 1. 872 10 Fish feeding pond Mu 11 3, 000 3. 3 11 Construction cost Mu 11 1,000 1. 1 12 Cellar M 40 300 1. 2 58 Shenyang-rap-e-lrbp2 DRaft Jan 24 2002 Resettlement Action Plan of Shenyang Wastewater Treatment Project 13 Iron door Piece 3 250nrn 500 0. 15 di anet er 14 Brick Piece 30000 0. 02 0. 06 15 Concrete board Truck 15 110 0. 165 16 Fowl Piece 600 5 0. 3 17 Water lifting pump Piece 2 1, 000 0. 2 18 Pear tree Piece 1500 30 4. 5 19 Plum tree Piece 165 45 0. 7425 20 Elm tree Piece 1100 4 0. 44 21 Cherry seedling Piece 300 15 0. 45 22 Concrete Truck 8 110 0. 088 23 Sundries Truck 10 110 0. 11 24 Grape tree Piece 300 10 0. 3 25 Manual well Piece 5 800 0. 4 26 4 inch motor well Piece 5 4, 000 2 27 Water well Piece 2 45, 000 9 28 Transformer KVA 80 1200 9. 6 29 Concrete power pole Piece 10 6m hi gh 600 0. 6 30 Wire M 2000 Tw st ed- pa 5 1 i r 31 Plastic film Ton 3 9, 000 2. 7 32 Cypress and privet Corrpensat i 820 seedling on on one =__ Tot al _ 904.67 Table 15-3 Compensation for ground attachments affected by interceptions of the project ND. I t ers OAnershi p LUiit Qjant i t i Corpensat Tot al Rerrar k es ion (10' standard Yuan) (Yuan) 1 Power pole Pi ece 26 600 1.56 Concr et e 2 Pouer pole Pi ece 18 100 0. 18 vood 3 Iht or uel i Nanl i guan Piece 5 45,000 22.5 4 Green house Yul i angpu lvi 33, 750 40 135 Oanguant un 1v 3300 40 13.2 NanI i guan K4 9257 40 37.0280 5 Fr ui t t r ee Yuliangpu Piece 20,000 30 60 6 Poplar t ree I-draul i c Pi ece 127 2,000 25.4 bureau Tot al 294. 868 59 Shenyang-rap-e-lrbp2 DRaft Jan 24 2002 Resettlement Action Plan of Shenyang Wastewater Treatment Project 15.1.2 Management fee 3 percent of basic cost should be used as project management fee which will be used for the cost of activities relating to land acquisition, demolition and resettlement such as equipment procurement, transportation, meeting, communication, trip and handling official business. 15.1.3 Contingencies fee 10% of basic cost will be used as contingency cost which comprise of material contingency and price contingency. The material contingence fee is prepared to pay the additional costs resulted from the changes in project design and affected tangible materials during the implementation of RAP. The price contingence is prepared with mainly considering the inflation and changes in price during the implementation of RAP. The estimation of contingence cost mentioned above is based on the price in September 2000. 15.1.4 Survey and design cost 2% of basic cost is used as cost of survey and design. 15.1.5 Monitoring and evaluation costs 1% of basic cost is spent as monitoring and evaluation costs. Table 15-4 shows the total budget and cost for land acquisition, demolition and resettlement of the Shenyang project. 60 Shenyang-rap-e-lrbp2 DRaft Jan 24 2002 Resettlement Action Plan of Shenyang Wastewater Treatment Project Table 15-4 Cost for land acquisition, demolition and resettlement activities Item Unit Quantity Unit price Total cost (104 Yuan) [ 104 Yuan[o 1. Permanent land acquisition 189. __________ ~~~ ~~665 Vegetable land Hectare 498. 712 Garden land Hectare 79.4 72 Cash land Hectare 411. 481 2. Temporary land using 29.4 Vegetable land Hectare 12. 57 10. 296 129. 42 3. Rural house demolition 548. 7 Brick/wood house M2 14750 0. 036 531 House moving fee household 295 0. 01 2. 95 Transition fee ML 14750 0. 001 14. 75 4. Urban house demolition 41.04 Resettled house 2 200 0. 20 40 House moving fee household 2 0. 01 .02 Resettlement cost household in other location 61 Shenyang-rap-e-lrbp2 DRaft Jan 24 2002 Resettlement Action Plan of Shenyang Wastewater Treatment Project Resettlement household subsidy .02 5. Jingshen Nursery 04.6 7 6. Ground attachments of Xiaoyu village 13.9 56 7. Affected entities __________________ ~~~~~~~~535 8. Groud attachments affected by interceptions 94.8 _________________ __________ ~~ ~~68 Sub-total of basic cost 10857.3 19 9. Management fee 3% of basic cost 325. 72 10. Survey and design fee 2% of basic cost 217.146 11. Monitoring evaluation 1% of basic cost 108.57319 12. Contingency 10% of basic cost 1085.73 Total 12594.49 15.2 Yearly expenditure plan Table 15-2 shows the expenditure plan by years made according to the implementation schedule of land acquisition and house demolition. Table 15-5 Expenditure plan Unit: RMB 104 Yuan Year 2001 2002 2003 Tot al Amunt 2518. 9 8816. 143 1259.45 12594. 49 Percent age 20 70 10 100 15.3 Fund source The fund for project land acquisition and demolition will all come from municipal fnance. 62 Shenyang-rap-e-lrbp2 DRaft Jan 24 2002 Resettlement Action Plan of Shenyang Wastewater Treatment Project 15.4 Fund flowing 15.4.1 Permanent land acquisition Shenyang wastewater treatment company will consign Shenyang land administration bureau to be responsible for land acquisition of the project and the cost for land acquisition will be paid by the Shenyang wastewater treatment company. Shenyang land administration bureau will sign the land acquisition agreement with affected Xiaoyu village. After being paid the compensation for land, labor resettlement and young crops, Xiaoyu village will hand over the land to the Shenyang wastewater treatment company. Cost for land reclamation and management will be paid to relevant departments by the Shenyang wastewater treatment company. Compensation for ground attachments and young crops will be paid to the affected land contractor. Compensation funds for collective land belong to Xiaoyu village but its use should be approved by Yuhong land administration bureau of Shenyang. 15.4.2 Temporary land use Shenyang wastewater treatment company will consign Yuhong land administration bureau to sign the temporary land use agreement on quantity, construction time, compensation (including young crops and restoration fee) with affected village or entities. Shenyang wastewater treatment company will pay the cost for temporary land use according to the agreement. 15.4.3 House demolition Shenyang wastewater treatment company will consign relevant house demolition administration office to be responsible for the house demolition of the project. And relevant house demolition administration office will sign compensation agreement with affected people, entities and owner of affected ground attachments. The Shenyang wastewater treatmnent Company will pay the compensation according to agreement. 63 Shenyang-rap-e-lrbp2 DRaft Jan 24 2002 Resettlement Action Plan of Shenyang Wastewater Treatment Project Municipal finance 4 / | Shenyang Lk ban Const r uct i on Pr oj ect !vhnagenrent of f i ce Shenyang Urban wastewater treatment Ltd. Company Relevant house demolition office | Shenyang Land Administration Bureau I I J/~~~~~ Adrri ni st ration Comri ttees of affected Omner Af f Af f ... of ect ect groun ed ed Land contractor d ent peo attac iti ple hrent es Figure 15-1 Fund flowing 64 Shenyang-rap-e-lrbp2 DRaft Jan 24 2002 Resettlement Action Plan of Shenyang Wastewater Treatment Project 16 MONITORING AND EVALUATION According to OP 4.12 of the World Bank, the implementation of land acquisition, house demolition and resettlement activities should be monitored regularly to ensure those action proceed in accordance with the provision in RAP and realize the resettlement objective. There are 2 kinds of monitoring mechanism for resettlement action which are internal monitoring and the external monitoring carried out by a independent institution. The internal monitoring is carried out by LUCRPO, Shenyang Urban Construction Project Office, Shenyang Urban Wastewater Treatment Company, Shenyang Land Administration Bureau, Yuhong Land Administration Bureau and relevant House Demolition Administration Office to ensure that the schedule and principles in the RAP is followed. The purpose of internal monitoring is to make the resettlement organizations fulfil their duties efficiently during the implementation of the RAP. Independent monitoring organization is responsible for conducting independent monitoring and evaluation on activities of land acquisition, demolition and resettlement regularly. Resettlement Research Center of Hehai University is invited to undertake the independent monitoring of the project which covers the following contents: * Operational efficiency of resettlement network; * Progress and compensation of land requisition, demolition and rehabilitation and resettlement; * Resettlement and restoration of people affected by house demolition * Investigation and analysis of living level of PAPs; A independent organization is entrusted to monitor and evaluate externally the implementation of RAP from an overall and long-term point of view. Independent monitoring organization will follow the resettlement activities of the project closely to evaluate whether the goals of resettlement are achieved. The evaluation criteria include: * To follow national laws and regulations relevant to land acquisition, demolition and resettlement; * To comply with the principles of OP 4.12 on involuntary resettlement of the World Bank; * To help PAPs to improve their living standard or at least to restore that before the project. * The independent monitoring organization should provide suggestions about the RAP implementation to concerned institute so as the problems incurred during the implementation of RAP can be resolved without delay. 16.1 Internal monitoring and evaluation Shenyang Urban Construction Project Management Office and Shenyang Urban Wastewater Treatment Company will develop an internal monitoring system to check the resettlement activities and establish a basic database on resettlement activities which is used to compile the RAP and to monitor and evaluate the people and entity affected by the project. And also the whole course of resettlement preparation and implementation will be monitored and evaluated internally. 16.1.1 Implementation procedure During the implementation of RAP, Shenyang Urban Construction Project Office, Shenyang Urban 65 Shenyang-rap-e-lrbp2 DRaft Jan 24 2002 Resettlement Action Plan of Shenyang Wastewater Treatment Project Wastewater Treatment Company, Shenyang Land Administration Bureau, Yuhong Land Administration Bureau and relevant House Demolition Administration Office will collect and record the information of people and entities affected by the project according to the samples provided by monitoring organizations. At the samne time, they will report the current activities record timely to project office so as to ensure a continuous monitoring on implementation. Shenyang Urban Construction Project Office, will check regularly the implementation of RAP and report the progress to higher authorities concerned. In the internal monitoring system mentioned above, the information table with unified form should be made in order to realize that information flow continuously from relevant land administration bureau and house demolition administration bureau to Shenyang project leading group. Project leading group, Shenyang Urban Construction Project Office, Shenyang Urban Wastewater Treatment Company, Shenyang Land Administration Bureau, Yuhong Land Administration Bureau and relevant House Demolition Administration Office as the important components of internal monitoring system should carry out regular inspection and verification on the implementation of RAP. 16.1.2 Tasks of monitoring * Payment of compensation; * The schedule of resettlement activities; * Conformity with the policy and regulation of RAP; * Community participation and consultation during the implementation of RAP; * Staffing, training, working schedule and working efficiency of resettlement institutions; 16.1.3 Internal monitoring and evaluation report Shenyang Urban Wastewater Treatment Company will prepare and submit the progress report of resettlement implementation to Shenyang Urban Construction Project Management Office biannually who will then transfer it to LUCRPO by which the report will be sent to the World Bank for review. 16.2 Independent monitoring system Independent monitoring will be carried out based on the census date provided in the RAP and by resettlement implementation organization. 16.2.1 Independent monitoring organization (IMO) Shenyang Urban Construction Project Management Office will invite Resettlement Research and Monitoring Center of Hehai University (RRMCHU) to carry out the external monitoring and evaluation of the project. The independent monitoring team comprises of 8 resettlement specialists who has rich experiences on resettlement policy and social evaluation and management etc. 16.2.2 Duties RRMCHU should follow, monitor and evaluate the implementation of RAP. And it should provide advice and suggestions on progress, quality and funds of resettlement and provide external monitoring and evaluation report to project office and the World Bank. 16.2.3 Monitoring and evaluation procedure (1) Compile the outline of independent monitoring and evaluation; (2) Develop monitoring and evaluation information system software; (3) Prepare and compile survey outline, questionnaire, recording card of Jinzhou Jiaxin Ltd. Co.; (4) Work out sampling survey plan (5) Carry out baseline survey to get the basic information of people, entities affected; (6) Establish monitoring and evaluation information system; (7) Conduct monitoring and survey with socioeconomic survey; Working capacity and efficiency of 66 Shenyang-rap-e-lrbp2 DRaft Jan 24 2002 Resettlement Action Plan of Shenyang Wastewater Treatment Project resettlement implementation organization; To monitor sampling PAP households on the compensation and resettlement quality; Public consultation[ ]To take part in the consultation activities during RAP compilation and implementation and to monitor the quality of public consultation; Appeal and grievance. Re-cultivation of temporarily used land (8) Collection of monitoring information and establishment of database; (9) Comparison and analysis; (10) To prepare monitoring and evaluation report once a year: * In October 2002 to complete the baseline survey and the first monitoring and evaluation report; * In April 2003 to complete the second monitoring and evaluation report; * In October 2003 to complete the third monitoring and evaluation report; * In April 2004 to conduct the fourth monitoring and evaluation report; * In October 2004 to conduct the fifth monitoring and evaluation report; * In October 2005 to conduct the post assessment of the project; 16.3 Monitoring index * Socioeconomic index: per capita income, Gross Domestic Product, employment rate; * Institutional index : staff, qualification, regulations and rules, equipment, working efficiency; * Affected entities: Availability of compensation funds, changing of business situation, employee's income changing rate; * Households losing land : availability of compensation funds, employment, income changing rate; * Ground attachments: availability of compensation funds; 16.4 Post assessment After the project finished post assessment of the project will be conducted based on the monitoring and evaluation to assess the successful experiences and lessons from the project. Project office will invite external independent monitoring institute to conduct the post assessment of the project. They will firstly compile an outline of post assessment work and establish a assessment index system, then make a socioeconomic survey and analysis. Secondly they will prepare a post assessment report on resettlement of Shenyang wastewater treatment project and present it to LUCRPO and the World Bank. 67 Shenyang-rap-e-lrbp2 DRaft Jan 24 2002 Resettlement Action Plan of Shenyang Wastewater Treatment Project 17 Entitlement Matrix Af f ect ed I rrpact t ype peopl e & Corrpensat i on pol i cy St andard entities Get t i ng I and conpensat i on; Veget able I and: Rest ore PAPs' i ncorre by use of 855, 000 conrpensat i on f or land and Yuan/ hect are; I abor reset t I errent; Gard I and: 855, 000 \AI I aayu I nvest i nt o product i on by use Yuan/ hect are; of corrpensat i on for I and and Cash I and: 655, 500 Per rranent I abor reset t I errent under bei ng Yuan/ hect are land agreed by 2/3 rrajority of the acqui siti vi i i age; on Veget abl e I and: 45, 000 Land Gat t i ng corTpensat i on f or young Yuan/hectare; Cash cont r act or crops I and 34, 500 Yuan/ hect are; Land Nanagetnent f ee 18, 000 Yuan/ hect are adni ni st rat i o Cont i ngency 18, 000 Yuan/ hect are n depart rrent Newveget abi e I and recl arBt i on 300, 000 Yuan! hect are V I I age Cat t i ng I and r est or at i on f ee 76, 500 Yuan/ hect are Land Cat t i ng corrpensat i on f or young Terrpor ar y 22, 500 Yuan! hect ar e Iland use cont r act or crops lbnagermnt Land adni ni st rat i on fee depart ryent 3, 960 Yuan/ hect are f ee depart nent Repl acenent cost of br i ck/ mod Rural house private OAner Gtt i ng house rrDvi ng subsidy 100 Yuan/household house GCt t i ng t ransi t i on f ee 10 Yuan/ rd Ur ban (1) pur chase house accor di ng t o house Cwner house r ef or m policy by t hensel ves (2) choose cash corrpensat i on or t angi bl e reset t I errent dependi ng on t hei r own i deas (3) Tangi bl e r eset t I erent: Reset t I ed house ar ea 45 ni Paynent for di srrnt I ed area 400 Yuan/ ni 68 Shenyang-rap-e-lrbp2 DRaft Jan 24 2002 Resettlement Action Plan of Shenyang Wastewater Treatment Project Payrrent for ext r a area beyond 520 Yuan/ n1 di snant I ed area Rent house i n case of no af f ordabi l i t y of pur chasi ng house (4) cash corrpensat i on 20000/ nI Average pri ce of comn(on ( Aver age prilce of cormer ci al house on dernl i t i on comTmn comnerci al ar eax const r uct ion area of house on denol i ti on di snrnt l ed house area) (5)temporary resettlement subsidy 100 Yuan/household (6)subsidy for resettlement at other place More than 2Km from resettled place 2,000 Yuan/household More than 5Km from resettled pae 4,000 Yuan/household place In case of more than 5 km, extra 1,000 Yuan/household one km Frame-structure house 762 YuanO M2 Brick/concrete house 455 Yuan[] m2 Brick/wood house 360 YuanO m 2 Simple hosue 230 YuanO] m 2 Simple storage 100 YuanO iM2 Enclosure wall 120 Yuan / m Compensation for transportation To be identified by and installation of equipment and negotiation materials Compensation for production Salary subsidy:350 interruption and employees' salary Yuan/ per son. rnnt h Entities Owner based on const r uct i on Entities Owner per iod. Corrpensat i on for prof i t s I oss: t o be identified based on t he di srrnt l ed quant i t y and i npact degree as Ael l as cornpar i son W t h t he profits in the previous year Compensation for house 10 Yuan[l ni displacement 69 Shenyang-rap-e-lrbp2 DRaft Jan 24 2002 Resettlement Action Plan of Shenyang Wastewater Treatment Project See t able 8-5 Ground Owner corrpensati on standard attachments Owner I for ground at t achrent s WB1 1282 N:\AcGRead\AB Second Liao Riv B Proj\RAPs\Shenyang-rap-e-Irbp2 DRaft Jan 24 2002.doc January 25, 2002 6:13 PM 70 Shenyang-rap-e-lrbp2 DRaft Jan 24 2002