World Bank-financed Chongqing New Urbanization Pilot & Demonstration Project Nan’an Subproject Resettlement Action Plan Development and Reform Commission of Nan’an District, Chongqing Chongqing Inturer Technology Development Co., Ltd. May 2018 Letter of Commitment The Nan’an Subproject (hereinafter, the “Subproject�) of the World Bank-financed Chongqing New Urbanization Pilot & Demonstration Project (hereinafter, the “Project�) involves land acquisition and resettlement. Therefore, this Resettlement Action Plan (RAP) has been prepared as the basis for land acquisition (LA), house demolition (HD) and resettlement in accordance with the Bank’s policy on involuntary resettlement (OP4.12), and the applicable state and local regulations and policies to protect the basic rights and interests of the affected persons (APs), and restore or even improve their production level and living standard after resettlement. The Nan’an District Government (NDG) has reviewed this RAP, and agrees to implement resettlement, make resettlement funds available fully and timely, and compensate and resettle the APs properly in light of this RAP. The resettlement implementing agencies in Nan’an District are hereby instructed to implement and manage the resettlement of the Subproject in coordination with the agencies concerned. NDG (Official seal) Head (or deputy head in charge): ___ ___ (signature) ___ ___ (date) Foreword I. Purpose of Preparing the RAP 1 The RAP is prepared in accordance with the applicable laws of the People’s Republic of China and local regulations and a series of provisions in the Bank Operational Policy OP4.12 on Involuntary Resettlement for the purpose of “developing an action plan for resettlement and restoration for the people affected by the project, so that they benefit from the project, their standard of living is improved or at least restored after the completion of the project�. II. Definitions of Terms Displaced persons 2 Based on the criteria for eligibility for compensation, “Displaced Persons� may be classified in one of the following three groups: a) Those who have formal legal rights to land (including customary and traditional rights recognized under the laws of the country); b) those who do not have formal legal rights to land at the time the census begins but have a claim to such land or assets-provided that such claims are recognized under the laws of the country or become recognized through a process identified in the RAP; and c) Those who have no recognizable legal right or claim to the land they are occupying. 3 Persons covered under paragraphs 2(a) and (b) are provided compensation for the land they lose, and other assistance. Persons covered under paragraph 2(c) are provided resettlement assistance in lieu of compensation for the land they occupy, and other assistance, as necessary, to achieve the objective set out in this policy, if they occupy the subproject areas prior to a cut-off date1 established by the borrower and acceptable to the World Bank. Persons who encroach on the area after the cut-off date are not entitled to compensation or any other form of resettlement assistance. All persons included in paragraph 2(a), (b), or (c) are provided compensation for loss of assets other than land. III. Compensation and Resettlement Measures 4 To address the following impacts of the involuntary taking of land: (i) displacement or loss of shelter; (ii) loss of assets or access to assets; or (iii) loss of income sources or means of livelihood, whether or not the affected persons must move to another location, an RAP or a resettlement policy framework shall be prepared to cover the following: (a) The Resettlement Action Plan or resettlement policy framework includes measures to ensure that the displaced persons are: ➢ informed about their options and rights pertaining to resettlement; ➢ consulted on, offered choices among, and provided with technically and economically feasible resettlement alternatives; and 1 Normally, this cut-off date is the date the census begins. The cut-off date could also be the date the subproject areas was delineated, prior to the census, provided that there has been an effective public dissemination of information on the area delineated, and systematic and continuous dissemination subsequent to the delineation to prevent further population influx. ➢ Provided prompt and effective compensation at full replacement cost2, for losses of assets attributable directly to the project. (b) If the impacts include physical displacement, the RAP or resettlement policy framework includes measures to ensure that the displaced persons are: ➢ provided assistance (such as moving allowances) during displacement; and ➢ Provided with residential housing, or housing sites, or, as required, agricultural sites for which a combination of productive potential, locational advantages, and other factors is at least equivalent to the advantages of the old site. (c) Where necessary to achieve the objective of the policy, the Resettlement Action Plan or resettlement policy framework also includes measures to ensure that displaced persons are: ➢ offered support after displacement, for a transition period, based on a reasonable estimate of the time likely to be needed to restore their livelihood and standards of living; ➢ Provided with development assistance in addition to compensation measures described in paragraph 4(a) (iii), such as land preparation, credit facilities, training, or job opportunities. 5 Cut-off date: means the date of publication of the announcement of land acquisition and property demolition in this project. After this date, the displaced persons shall not build, rebuild or expand their properties; shall not change the uses of their properties and land; shall not lease their land, lease, sell or purchase their properties; and any person that moves in after this date shall not qualify as a displaced person. 2 "Replacement cost" is the method of valuation of assets that helps determine the amount sufficient to replace lost assets and cover transaction costs. In applying this method of valuation, depreciation of structures and assets should not be taken into account. Executive Summary 1. Background of the Subproject The Subproject is located in Nan’an District, Chongqing Municipality, and consists of 4 components: 1) Old Community Renewal; 2) Public Space Renewal; 3) Urban Slow Traffic System Renewal; and 4) Urban Planning and Management Research, and Capacity Building. 2. Resettlement Impacts According to the previous survey and identification on land and house acquisition of each subcomponent, the subcomponents requiring due diligence are Hugui Road and some parts of Longhuang Road broadening, and the subcomponents involving resettlement are Tushan Branch Road (involving LA and HD)and some parts of Longhuang Road broadening (involving LA and HD). There will be no LA and HD for other subcomponents. This RAP is for the 2 subcomponents of Tushan Branch Road (involving LA and HD) some parts of Longhuang Road broadening (involving LA and HD). The Subproject will affect Liujiagang Group of Liuhulan Village and Guihuayuan Group of Lianhua Village in Tushan Town, and Shanghao Community in Longmenhao Sub-district. 14.2 mu of rural collective land will be acquired permanently, including 6.5 mu of cultivated land, 2.5 mu of other farmland, 3.9 mu of housing land and 1.3 mu of unused land, affecting 14 households with 36 persons. In total, rural residential houses of 1,450 m2, urban residential houses of 539 m2, non-residential properties on state-owned land of 4,464.32 m2 and houses with limited property rights of 4,636.8 m2 will be demolished, affecting 31 households with 90 persons. 3. Resettlement Principles and Eligibility for Compensation In order to minimize LA and HD, close consultation was conducted with the local government and community committees at the preliminary design and feasibility study stage, avoiding the demolition of Chongqing No.11 High School and some industrial enterprises. 1) Acquisition of Rural Collective Land The LA compensation rates will be based on the Notice of the Chongqing Municipal Government on Further Adjusting Land Acquisition Compensation Rates (CMG [2013] No.58), and Document NDG [2013] No.68, where the land compensation rate is 18,000 yuan/mu, and the fixed compensation rate for young crops and ground attachments 22,000 yuan/mu. The resettlement subsidy for each rural resident converted into urban status is 38,000 yuan. 2) Residential Houses on Rural Collective Land The HD compensation rates on rural collective land are 660 yuan/m2 for reinforced concrete structure, 600 yuan/m2 for masonry concrete structure, 390-480 yuan/m2 for masonry timber structure, 330-360 yuan/m2 for earth wall structure and 100-120 yuan/m2 for simple structure. The resettlement modes include cash compensation and property swap, where the compensation rate under cash compensation is 7,200 yuan/m2, 30 m2 for each AP, and in case of property swap, each AP will have a resettlement house size of 30 m2. 3) Residential Houses on State-owned Land HD on state-owned land will be based on Measures of Chongqing Municipality for the Expropriation of Houses on State-owned Land and Compensation Therefor (Interim) (CMGO [2011] No.123), where both residential houses and non-residential properties will be compensated for based on appraisal, and the resettlement modes include cash compensation and property swap. In case of cash compensation, compensation based on appraisal will be paid; in case of property swap, an AH will select a resettlement house in order of agreement signing, and settle the price difference between the former house and the resettlement house. An affected entity will also receive compensation for production or business suspension at 6% of the appraised price. 4) Houses with Limited Property Rights “Houses with limited property rights� are residential houses built on rural collective land but not fully complying with the construction and sale provisions. The compensation rates will be based on the Guidelines of the Nan’an District Government on the Disposal of Houses with Limited Property Rights (NDG [2012] No.105). The resettlement modes include cash compensation and property swap, where in case of cash compensation, any size of not more than 100 m 2 will be compensated for at 5,000 yuan/m2, and any size in excess of 100 m2 at replacement cost; in case of property swap, any size of not more than 100 m2 will be swapped for a resettlement house of the same size, and any size in excess of 100 m2 will be compensated for at a replacement cost. Non-residential properties with limited property rights will be subject to cash compensation only at the same rates as residential houses, where a subsidy for business losses of 200,000 yuan per room and a moving subsidy of 30,000 yuan per 15 m2 will be paid for stores on the Floor 1 in addition to cash compensation. 4. Public Participation and Grievance Redress The APs have been notified that the key factor of the RAP is the detailed measurement survey (DMS). Public consultation is the key to project preparation. Since November 2017, the village/community committees, township government and other stakeholders have conducted a series of consultation activities with the APs, who participate in RAP preparation in such forms of participation in the socioeconomic survey and village/community meetings. The Nan’an PMO has consulted with the APs on compensation rates and resettlement, responded to their concerns, and finally reached a common understanding by such means as village/community meeting and personal interview. Their concerns and opinions have been incorporated into the RAP. More consultation activities will be conducted in the future. A grievance redress procedure has been established for the APs to solve their resettlement problems, and they may file appeals through the following channels: 1) LA and HD agency (Danzishi Housing Administration Office, Haitangxi Housing Administration Office, Nan’an District LA Management Office, or Tushan Town Construction Management Office); 2) township government or sub-district office; or the Chongqing Real Estate Appraisal Expert Committee for HD on state-owned land; 3) superior competent authority for LA and HD (Nan’an District Housing Administration Bureau, or Nan’an District Land and Resources Bureau); 4) administrative arbitration authority; and 5) people’s court. 5. Livelihood Restoration 1) Livelihood Restoration Endowment insurance for urban residents will be covered for the affected agricultural population converted into urban status. Other income restoration measures for the APs include skills training, employment training, free employment assistance, etc. 2) Rural Residential Houses The resettlement modes include cash compensation and property swap. In addition to house compensation, each AH will receive a moving reward, a residual value subsidy, a moving subsidy, etc. The compensation rate under cash compensation is 7,200 yuan/m2, 30 m2 for each AP, and in case of property swap, each AP will have a resettlement house size of 30 m2. 3) Urban Residential Houses The resettlement modes include cash compensation and property swap. In case of cash compensation, compensation based on appraisal will be paid; in case of property swap, an AH will select a resettlement house in order of agreement signing, and settle the price difference between the former house and the resettlement house. An affected entity will also receive compensation for production or business suspension at 6% of the appraised price. 4) Houses with Limited Property Rights The resettlement modes include cash compensation and property swap, where in case of cash compensation, any size of not more than 100 m2 will be compensated for at 5,000 yuan/m2, and any size in excess of 100 m2 at replacement cost; in case of property swap, any size of not more than 100 m2 will be swapped for a resettlement house of the same size, and any size in excess of 100 m2 will be compensated for at a replacement cost. Non-residential properties with limited property rights will be subject to cash compensation only at the same rates as residential houses, where a subsidy for business losses of 200,000 yuan per room and a moving subsidy of 30,000 yuan per 15 m 2 will be paid for stores on the Floor 1 in addition to cash compensation. For vulnerable groups, their special needs and expectations will be supported under the supervision of the Nan’an PMO to ensure that they receive sufficient compensation, housing, special funding and minimum living security for income and livelihood restoration. 6. Organizational Structure The resettlement implementing agencies (IAs) of the Subproject are the Nan’an District LA Management Office and the Nan’an District Housing Administration Bureau, which are responsible for preparation and coordination at the RAP preparation stage, resettlement at the implementation stage, and subsequent M&E. 7. Resettlement Budget and Implementation Schedule The resettlement budget for Tushan Branch Road and the uncompleted part of Longhuang Road broadening is 89.474 million yuan, including LA compensation of 568,000 yuan, compensation for rural residential houses of 8.426 million yuan, compensation for entities on state-owned land of 36.005 million yuan, compensation for residential houses on state-owned land of 5.077 million yuan, compensation for houses with limited property rights of 23.087 million yuan, compensation for infrastructure of 300,000 yuan, other costs of 4.188 million yuan, taxes of 2.267 million yuan and basic contingencies of 9.954 million yuan. Resettlement for Tushan Branch Road will begin in June 2018 and be completed in 2019. Resettlement for Longhuang Road broadening will begin in September 2018 and be completed in March 2019. Construction will not begin before compensation has been fully paid to the APs. 8. Monitoring and Evaluation RAP implementation will be subject to semiannual internal and external monitoring. Internal supervision and monitoring will be performed by the Nan’an PMO to ensure that resettlement is conducted as planned. External M&E will be conducted by an independent M&E agency appointed by the PMO. External M&E reports will be submitted to the IAs, Nan’an PMO and Bank by the external M&E agency directly. Contents 1 OVERVIEW OF THE SUBPROJECT ............................................................................................................. 1 1.1 BACKGROUND OF THE SUBPROJECT ............................................................................................................. 1 1.2 PROGRESS OF PROJECT PREPARATION AND THE RAP .................................................................................. 1 1.3 COMPONENTS ............................................................................................................................................. 2 1.4 MEASURES TO REDUCE RESETTLEMENT ...................................................................................................... 3 2. IMPACTS OF THE SUBPROJECT ................................................................................................................ 5 2.1 OVERVIEW .................................................................................................................................................. 5 2.2 IMPACTS ..................................................................................................................................................... 5 2.2.1. Permanent LA ................................................................................................................................... 5 2.2.2. Demolition of Rural Residential Houses ........................................................................................... 7 2.2.3. Demolition of Urban Residential Houses .......................................................................................... 8 2.2.4. Demolition of Non-residential Properties on State-owned Land ...................................................... 8 2.2.5. Demolition of Houses with Limited Property Rights ......................................................................... 9 2.2.6. Affected Vulnerable Groups ............................................................................................................ 11 2.2.7. Affected Population ......................................................................................................................... 11 2.2.8. Affected Ground Attachments ......................................................................................................... 11 3. SOCIOECONOMIC PROFILE OF THE SUBPROJECT AREA ..................................................................13 3.1 SOCIOECONOMIC BACKGROUND OF THE SUBPROJECT AREA .......................................................................13 3.1.1. Chongqing Municipality...................................................................................................................13 3.1.2. Nan’an District ................................................................................................................................13 3.1.3. Affected Townships and Sub-districts .............................................................................................14 3.2 BASIC INFORMATION OF AHS .....................................................................................................................15 4. LEGAL AND POLICY FRAMEWORK .........................................................................................................16 4.1 REGULATIONS AND POLICIES ON RESETTLEMENT ........................................................................................16 4.2 STATE LAWS AND REGULATIONS .................................................................................................................17 4.3 MUNICIPAL REGULATIONS ..........................................................................................................................24 4.4 DISTRICT MEASURES .................................................................................................................................26 4.5 BANK POLICY ON INVOLUNTARY RESETTLEMENT .........................................................................................28 4.6 RESETTLEMENT PRINCIPLES OF THE SUBPROJECT ......................................................................................30 5. COMPENSATION STANDARDS .................................................................................................................31 5.1 PERMANENT LAND ACQUISITION ................................................................................................................31 5.2 RURAL RESIDENTIAL HOUSES ....................................................................................................................31 5.2.1. Cash compensation ........................................................................................................................31 5.2.2. Property swap .................................................................................................................................32 5.3 URBAN RESIDENTIAL HOUSES....................................................................................................................34 5.4 URBAN NON-RESIDENTIAL PROPERTIES ......................................................................................................36 5.5 HOUSES WITH LIMITED PROPERTY RIGHTS .................................................................................................37 5.6 GROUND ATTACHMENTS , YOUNG CROPS AND INFRASTRUCTURE ................................................................38 6. PRODUCTION AND LIVELIHOOD RESTORATION PROGRAMS ............................................................39 6.1 RESTORATION PROGRAM FOR PERMANENT LAND ACQUISITION ...................................................................39 6.1.1. Appraisal of Lost Income ................................................................................................................39 6.1.2. Income Restoration Program ..........................................................................................................39 6.1.3. Employment Services for the APs ..................................................................................................39 6.2 RESETTLEMENT PROGRAM FOR DEMOLISHED RURAL RESIDENTIAL HOUSES ................................................41 6.2.1. Cash Compensation .......................................................................................................................41 6.2.2. Property Swap ................................................................................................................................41 6.3 RESETTLEMENT PROGRAM FOR DEMOLISHED URBAN RESIDENTIAL HOUSES................................................42 6.3.1. Cash Compensation .......................................................................................................................42 6.3.2. Property Swap ................................................................................................................................42 6.4 RESETTLEMENT PROGRAM FOR DEMOLISHED NON-RESIDENTIAL PROPERTIES ON STATE-OWNED LAND ........43 6.5 RESETTLEMENT PROGRAM FOR HOUSES WITH LIMITED PROPERTY RIGHTS .................................................43 6.5.1. Residential houses .........................................................................................................................43 1) Cash compensation...............................................................................................................................43 2) Property swap...............................................................................................................................43 6.5.2. Non-residential properties ..............................................................................................................43 6.6 RESETTLEMENT PROGRAM FOR AFFECTED GROUND ATTACHMENTS ............................................................44 6.7 RESETTLEMENT PROGRAM FOR AFFECTED INFRASTRUCTURE .....................................................................44 7. PUBLIC PARTICIPATION AND CONSULTATION ......................................................................................45 7.1 MEANS OF AND MEASURES FOR PUBLIC PARTICIPATION ..............................................................................45 7.1.1. Means of Participation ....................................................................................................................45 7.1.2. Measures for Participation and Consultation ..................................................................................45 7.2 PUBLIC PARTICIPATION ACTIVITIES AT THE PREPARATION STAGE ..................................................................46 7.3 PUBLIC PARTICIPATION PLAN FOR THE NEXT STAGE ....................................................................................47 7.4 W OMEN’S PARTICIPATION ..........................................................................................................................48 8. GRIEVANCE REDRESS PROCEDURES ....................................................................................................49 8.1 GRIEVANCE REDRESS DURING LA AND HD .................................................................................................49 8.1.1. Appeal procedure for the acquisition of rural collective land and HD (including houses with limited property rights) ..........................................................................................................................................49 8.1.2. Appeal procedure for house acquisition on state-owned land ........................................................49 8.2 GRIEVANCE REDRESS DURING CONSTRUCTION ..........................................................................................52 9. ORGANIZATIONAL STRUCTURE AND IMPLEMENTATION SCHEDULE ...............................................53 9.1 ORGANIZATIONAL STRUCTURE ...................................................................................................................53 9.2 ORGANIZATIONAL RESPONSIBILITIES ..........................................................................................................54 9.3 STAFFING AND EQUIPMENT ........................................................................................................................56 9.3.1. Equipment .......................................................................................................................................57 9.3.2. Training Program ............................................................................................................................57 9.4 IMPLEMENTATION SCHEDULE......................................................................................................................58 10. RESETTLEMENT BUDGET ......................................................................................................................61 10.1 RESETTLEMENT BUDGET .........................................................................................................................61 10.2 FUNDING SOURCES .................................................................................................................................65 10.3 FUND FLOW AND DISBURSEMENT PLAN ....................................................................................................65 10.3.1. Fund Flow .....................................................................................................................................65 10.3.2. Disbursement Plan .......................................................................................................................66 11. M&E ............................................................................................................................................................67 11.1 INTERNAL MONITORING ............................................................................................................................67 11.1.1. Procedure......................................................................................................................................67 11.1.2. Scope ............................................................................................................................................67 11.1.3. Reporting ......................................................................................................................................67 11.2 INDEPENDENT EXTERNAL MONITORING .....................................................................................................67 11.2.1. Purpose and Task .........................................................................................................................67 11.2.2. External M&E Agency ...................................................................................................................68 11.2.3. Procedure and Scope ...................................................................................................................68 11.2.4. Monitoring Indicators ....................................................................................................................68 11.2.5. Reporting.......................................................................................................................................69 11.3 POST-EVALUATION ...................................................................................................................................69 12. ENTITLEMENT MATRIX ............................................................................................................................71 APPENDIX: RIB ...............................................................................................................................................76 List of Tables and Figures TABLE 1-1 SCOPE OF THE SUBPROJECT............................................................................................................... 2 TABLE 1-2 CONSTRUCTION SCHEDULE OF SUBCOMPONENTS................................................................................ 3 TABLE 3-1 SOCIOECONOMIC PROFILE OF CHONGQING MUNICIPALITY AND NAN’AN DISTRICT IN 2016 ....................13 TABLE 3-2 SOCIOECONOMIC PROFILE OF THE AFFECTED TOWNSHIPS AND SUB-DISTRICTS IN 2016 ......................14 TABLE 3-3 SOCIOECONOMIC PROFILE OF THE AFFECTED VILLAGES/COMMUNITIES IN 2016 ..................................14 TABLE 4-1 SUMMARY OF APPLICABLE REGULATIONS AND POLICIES .....................................................................16 TABLE 4-2 COMPENSATION RATES FOR RURAL RESIDENTIAL HOUSES .................................................................27 TABLE 5-1 COMPENSATION RATES FOR PERMANENT LA .....................................................................................31 TABLE 5-2 COMPENSATION RATES FOR HD ........................................................................................................33 TABLE 5-3 PRE-APPRAISED PRICES FOR URBAN RESIDENTIAL HOUSES IN THE LONGDONGTIAN AREA ...................35 TABLE 5-4 SUBSIDIES FOR URBAN RESIDENTIAL HOUSES AND COMPENSATION RATES FOR ATTACHMENTS ...........35 TABLE 5-5 PRE-APPRAISED PRICES FOR URBAN NON-RESIDENTIAL PROPERTIES IN THE CHONGQING MEDICAL TECHNICAL SCHOOL AREA ...........................................................................................................................37 TABLE 5-6 COMPENSATION RATES FOR HOUSES WITH LIMITED PROPERTY RIGHTS ..............................................37 TABLE 6-1 TRAINING SUBSIDIES OFFERED BY THE LOCAL GOVERNMENT .............................................................39 TABLE 6-2 EMPLOYMENT SERVICES OFFERED BY THE LOCAL GOVERNMENT ........................................................40 TABLE 6-3 RESETTLEMENT PROGRAM FOR DEMOLISHED RURAL RESIDENTIAL HOUSES .......................................41 TABLE 6-4 RESETTLEMENT PROGRAM FOR DEMOLISHED URBAN RESIDENTIAL HOUSES .......................................42 TABLE 6-5 RESETTLEMENT PROGRAM FOR DEMOLISHED RURAL RESIDENTIAL HOUSES .......................................43 TABLE 7-1 PUBLIC PARTICIPATION ACTIVITIES AT THE PREPARATION STAGE .........................................................46 TABLE 7-2 PUBLIC PARTICIPATION PLAN FOR THE IMPLEMENTATION STAGE ..........................................................47 TABLE 8-1 CONTACT INFORMATION OF AGENCIES CONCERNED ...........................................................................51 TABLE 9-1 STAFFING OF RESETTLEMENT AGENCIES ...........................................................................................56 TABLE 9-2 HEADS OF RESETTLEMENT AGENCIES ...............................................................................................57 TABLE 9-3 RESETTLEMENT IMPLEMENTATION SCHEDULE ....................................................................................59 TABLE 10-1 RESETTLEMENT BUDGET ................................................................................................................61 TABLE 10-2 RESETTLEMENT BUDGET FOR TUSHAN BRANCH ROAD .....................................................................62 TABLE 10-3 RESETTLEMENT BUDGET FOR LONGHUANG ROAD (REMAINING PARTS) ..............................................63 FIGURE 1-1 LOCATION MAP OF TUSHAN BRANCH ROAD AND LONGHUANG ROAD ................................................... 3 FIGURE 2-1 EXISTING PLOTS OF THE SUBPROJECT ............................................................................................... 7 FIGURE 2-2 RURAL RESIDENTIAL HOUSES TO BE DEMOLISHED .............................................................................. 8 FIGURE 2-3 URBAN RESIDENTIAL HOUSES TO BE DEMOLISHED ............................................................................. 8 FIGURE 2-4 NON-RESIDENTIAL PROPERTIES ON STATE-OWNED LAND TO BE DEMOLISHED ...................................... 9 FIGURE 2-5 HOUSES WITH LIMITED PROPERTY RIGHTS TO BE DEMOLISHED .........................................................10 FIGURE 2-6 AFFECTED STORES ......................................................................................................................... 11 FIGURE 6-1 JIANGNAN XIANGJUN (RESETTLEMENT COMMUNITY).........................................................................42 FIGURE 8-1 GRIEVANCE REDRESS FLOWCHART .................................................................................................51 FIGURE 9-1 ORGANIZATIONAL CHART.................................................................................................................54 FIGURE 10-1 DISBURSEMENT FLOWCHART OF RESETTLEMENT FUNDS ................................................................66 ABBREVIATIONS AH - Affected Household AP - Affected Person DMS - Detailed Measurement Survey FGD - Focus Group Discussion HD - House Demolition NDG - Nan’an District Government IA - Implementing Agency LA - Land Acquisition LEF - Land-expropriated Farmer M&E - Monitoring and Evaluation MLS - Minimum Living Security PMO - Project Management Office PRC - People’s Republic of China RAP - Resettlement Action Plan TTG - Tushan Town Government RIB - Resettlement Information Booklet Units Currency unit = Yuan (RMB) 1.00 yuan = $0.15 1 hectare = 15 mu 1 Overview of the Subproject 1.1 Background of the Subproject 1 As the largest developing country in the world, China's urbanization has achieved remarkable achievements. From 1978 to 2016, the urbanization rate increased from 17.9 percent to 57.35 percent, and the urban infrastructure and the public service level have been significantly improved. As one of the four municipalities directly under the central government in China, the urbanization rate in Chongqing has increased most in recent years, with the urbanization rate reaching 62.6% in 2016. However, compared with the other three municipalities, Chongqing's urbanization rate and urbanization quality are still in the lower level. Chongqing still needs to improve the urbanization development, and to carry out sustainable development idea in the process. 2 In Nan’an District, the urbanization rate has reached 94.97 percent at the end of 2016, and the average GDP per capita in the southern region is increasing from 2000 to 2015. In 2015, the GDP per capita was ranked 4th in the nine districts of Chongqing main central area, and in 2016 ranked the sixth. Nan’an District governs 8 sub-districts and 7 towns. The subproject area is about 60 km2, with a population of about 506,000. 3 However, with the increase of construction land, the degree of land development and utilization is relatively saturated. Some traffic arteries and traffic nodes have large flow, affecting the capacity of traffic. Public space has limited and inadequate infrastructure. The old communities’ appeal to the population is declining, and the heat island effect is growing. 4 With the rapid development of Chongqing's economy, the Nan 'an district urgently needs to carry out urban renewal, so as to obtain strong urban vitality. Chongqing Urban Renewal Special Planning (2016-2030) explicitly includes Nanping Street and Huayuanlu Street as streets to be renewed, and Longmenhao, Nanping town and Nanshan areas as to be renewed, to improve the quality of people's living environment through the improvement of public service facilities, transportation, space environment, old buildings and so on. Nan'an District Comprehensive Transportation Plan (2015-2030) clearly aims to develop a mode of transportation dominated by public transport and pedestrian traffic. 5 The government of Nan 'an district applied for the World Bank loan to carry out the urban renewal, which aims to realize the renewal of the old community and enhance the vitality of the public space；Improve the chronic system and the transportation connections; improve the infrastructure and environmental hygiene; strengthen the response to climate change and relieve urban heat island effect; and enhance community management and maintenance capabilities. 6 The Nan’an District Urban Regeneration Subproject (hereinafter, the “Subproject�) consists of 4 subcomponents: Old Community Renewal, Public Space Renewal, Urban Slow Traffic System Renewal and Connecting Roads, and Urban Planning and Management Research, and Capacity Building. The gross investment in the Subproject is 1.92246 billion yuan, including a Bank loan of 438.2837 million yuan, accounting for 22.56%. 1.2 Progress of Project Preparation and the RAP 7 The Nan’an District Development and Reform Commission appointed the relevant agencies to prepare the feasibility study report, RAP and environmental impact assessment report in November 2017. The Subproject is in smooth progress. 8 Appointed by Nan’an District Development and Reform Commission, Chongqing Inturer Technology Development Co., Ltd., as a resettlement consulting agency, participated in the whole process of RAP preparation. The task force conducted a two-week socioeconomic survey in the subproject area in November and December 2017, and extensive public consultation with the APs, and completed the RAP at the end of February 2018. 1 9 According to OP4.12, the cut-off date is the date of the LA and HD announcement. Anyone who moves in after this date will not qualify as an AP, and the APs should not build, rebuild or expand their houses, should not change the uses of their properties and land, and should not lease their land, lease, sell or purchase their houses. Any variation in physical quantity arising from any of the above acts will not be recognized. According to the current schedule, the DMS is expected to be conducted in April-May 2018. 1.3 Components 10 The components of the Subproject are Old Community Renewal, Public Space Renewal, Urban Slow Traffic System Renewal, and Urban Planning and Management Research, and Capacity Building. This RAP covers two subcomponents for which LA and HD have not begun, namely Tushan Branch Road and some parts of Longhuang Road broadening (Longhuang Road for short). 11 For the component of traffic system renewal, 3 roads were proposed to include: Huigui Road, Longhuang Road and Tushan Branch Road. All the three roads were designed to build in accordance with the urban renewal and development. And thus, resettlement to be implemented of Tushan Branch Road and the broadening part of Longhuan Road is described in the Resettlement Action Plan, whilst for the resettlement implemented in recent three years at the Hugui Road and part of the Longhuang Road Broadening, a Due Diligence Report was prepared and is herein presented See Table 1-1 and Figure 1-1. Table 1-1 Scope of the Subproject Involved or not Acquisitio HD on HD on Documen Componen State- Implemente Description n of rural rural state- t to be t owne d or not collective collectiv owne prepared d land land e land d land Upgrading of public facilities, street facilities, Old and water supply and Community drainage pipelines for No No No No - - Renewal 268 residential buildings in 10 communities in 3 sub-districts Infrastructure upgrading of 3 parks with total No No No No - - area of 7.92ha Infrastructure upgrading squares as Nanping Public Public Square and No No No No - - Space Huigonglu Square with Renewal total area of 4.25ha Utilization of open space with total area of No Yes No No - - 20ha, including the area under Dafosi Bridge Urban Improvement of 29 slow No No No No - - Slow traffic footpaths Traffic Facility improvement of No No No No - - System 16 mountain climbing 2 Renewal footpaths Hugui No Yes No Yes Ongoing DDR Road Tushan Branch Yes Yes Yes Yes Not started RAP Supportin Road g Roads DDR for started Longhuan Partly - Yes - Yes part /RAP g Road started for the rest Urban Planning and Management - - - - Research, and Capacity Building Figure 1-1 Location Map of Tushan Branch Road and Longhuang Road 12 According to the construction schedule, the construction period will be 4 years, from 2018 to 2021. See Table 1-2. Table 1-2 Construction Schedule of Subcomponents Construction Preparatory Construction Final Subcomponent drawing Construction work bidding acceptance design Tushan Branch 2017.11-2018.1 2018.6-2018.8 2018.9-2018.11 2019.1-2020.3 2020.3 Road Longhuang 2017.11.-2018.1 2018.9-2019.3 2019.4-2019.6 2019.7-2021.3 2021.3 Road 1.4 Measures to Reduce Resettlement 13 At the planning and design stages, the design agency and owner of the Subproject took the following effective measures to reduce the local socioeconomic impacts of the Subproject. For 3 example, the route of Hugui Road has been optimized to avoid the demolition of the dormitory building of Chongqing No.11 High School, and the boundary line of Longhuang Road has been optimized to avoid the relocation of 3 enterprises. 14 At the RAP preparation and implementation stage, when LA or HD is unavoidable, the following measures will be taken to reduce the local impacts of the Subproject: ➢ Strengthen the collection of basic information, make an in-depth analysis of the local present socioeconomic situation and future prospect, and develop a feasible RAP based on the local practical conditions to ensure that the APs will not suffer losses due to the Subproject. ➢ Encourage public participation actively and accept public supervision. ➢ Strengthen internal and external monitoring, establish an efficient and unobstructed feedback mechanism and channel, and shorten the information processing cycle to ensure that issues arising from project implementation are solved timely. 4 2. Impacts of the Subproject 2.1 Overview 16 For Nan’an traffic system renewal, 3 roads were proposed to include: Huigui Road, Longhuang Road and Tushan Branch Road. All the three roads were designed to build in accordance with the urban renewal and development, no matter financing with World Bank or domestic fund; therefore, work like preliminary assessment or resettlement of the roads were started even earlier than World Bank involvement. For instance, the Hugui Road and another part of Longhuang Road broadening where LA and HD were approved in September 2016 and March 2016 respectively. As of the date of the report, the main phases of the resettlement implementation, such as public consultation, publicity of compensation policy, asset appraisal and its publicity, contracts signing and notice on the payment had almost finished, and it was already in the final stages of the resettlement (74 percent of the compensation has already paid). According to the requirements of the Bank's safeguard policy and China's relevant laws and regulations, resettlement to be implemented of Tushan Branch Road and the broadening part of Longhuan Road is described in the Resettlement Action Plan, whilst the relevant safeguard issues for the resettlement implemented in recent three years at the Hugui Road and part of the Longhuang Road Broadening is described in this Due Diligence Report . See Error! Reference source not found. for criteria of reports to deliver. Table 2-1 Criteria of Reports Resettement Resettlement Policy and Road Implementation Resettlement Stage Project Standard Report component Commencement Approval Approval and Disclosure Resettlement implemented in Mar-16 July-August 2016 Aug-16 DDR other project Longhuang Road Resettlement to be RAP Preparation RAP implemented Tushan Resettlement to be RAP Preparation RAP Branch Road implemented Huguilu Resettlement implemented Sep-16 Jun-17 Jun-17 DDR 17 The two subcomponents of Tushan Branch Road and Longhuang Road involve LA and HD, affecting two communities and one village in one sub-district in Nan’an District, namely Luozibao Community (former Liujiagang Group of Liuhulan Village), Tushan Town, former Guihuayuan Group of Lianhua Village, and Shanghao Community, Longmenhao Sub-district. 14.2 mu of rural collective land will be acquired permanently, 52.8 mu of state-owned land allocated, rural residential houses of 1,450 m2, urban residential houses of 539 m2, non- residential properties on state-owned land of 4,464.32 m2, and houses with limited property rights of 4,636.8 m2 demolished. 18 Since all construction works of the Subproject will be conducted within the boundary line, and spoil and waste produced will be disposed of in a unified manner, no temporary land occupation will be involved. 2.2 Impacts 2.2.1. Permanent LA 19 In total, 67 mu of land will be acquired for the Subproject, in which the permanent acquisition of rural collective land will be caused by Tushan Branch Road, affecting Luozibao Community 5 (former Liujiagang Group of Liuhulan Village), Tushan Town. The acquired 14.2 mu of rural collective land includes 6.5 mu of cultivated land, 2.5 mu of other farmland, 3.9 mu of housing land and 1.3 mu of unused land, affecting 14 households with 36 persons. 20 52.8 mu of state-owned land will be allocated, all being state-owned construction land planned as road land3. See Table 2-2. Table 2-2 Permanent LA Impacts Rural collective land Affected State-owned land Non- irrigated Irrigated land Housing land Subtotal Unused land Garden land Sub- Township / Village / Population Woodland Group Subtotal component sub-district community HHs land Luozibao Tushan Community Formerly Tushan 38. 14. Branch (former Liujiagan 23.8 0 6.5 0 0 3.9 1.3 14 36 Town 0 2 Road Liuhulan g Village) Longmenha Shanghao o Sub- / / / / / / / / / / Longhuan Community 29. 29.0 district g Road 0 4 Tushan Guihuayua / / / / / / / / / / Town n Village 67. 14. Total 52.8 0 6.5 0 0 3.9 1.3 14 36 0 2 Plot of Tushan Branch Road (December 2017) 3 The controlling plan for some subcomponents is being adjusted. 4 Including existing road area 6 Plot of Longhuang Road (December 2017) Figure 2-1 Existing Plots of the Subproject 2.2.2. Demolition of Rural Residential Houses 21 Only Tushan Branch Road involves demolition of 5 rural residential houses, affecting 14 households with 36 persons in Luozibao Community (former Liujiagang Group of Liuhulan Village), Tushan Town. Rural residential houses of 1,450 m2 will be demolished, including 1,010 m2 in masonry concrete structure, 130 m2 in masonry timber structure, 160 m2 in masonry and steel color structure, and150 m2 of sheds. See Table 2-3. Table 2-3 Affected Rural Residential Houses Structure and size (m 2) Affected Town Village Group Household head Masonry Masonry Masonry Subtotal color Shed HHs Population concrete timber steel Liujiagang Hu Youbi 430 350 20 60 - 4 10 Liujiagang Hu Youzhen 440 360 30 50 - 4 10 Former Tushan Liuhulan Liujiagang Su Huaiming 375 300 25 50 - 4 10 Town Village Liujiagang Yang Guoqiang 55 - 55 - - 1 3 Liujiagang Yang Chunzhen 150 - - - 150 1 3 Total 1,450 1,010 130 160 150 14 36 22 The AHs have an average house size of 290 m2 per household or 40.28 m2 per capita, and their houses were mostly built in the 1980s. See Figure 2-1. 7 Figure 2-2 Rural Residential Houses to be Demolished 2.2.3. Demolition of Urban Residential Houses 23 Longhuang Road involves the demolition of 6 urban residential houses in Shanghao Community, Longmenhao Sub-district, all in masonry concrete structure, with a total area of 539 m2, in which houses No.25 and No.25-1 in Qianjin Village are in disrepair and unoccupied. See Table 2-4 . Table 2-4 Affected Urban Residential Houses HD area (m2) Sub- Sub-district Community Address AHs APs Masonry component Subtotal concrete No.20 Qianjin Village 1 3 208 208 Longhuang No.21 Qianjin Village 1 3 73 73 Longmenhao Shanghao Road No.22 Qianjin Village 1 3 60 60 No.23-25 Qianjin Village 3 9 198 198 Total 6 18 539 539 Figure 2-3 Urban Residential Houses to be Demolished 2.2.4. Demolition of Non-residential Properties on State-owned Land 24 The office building of the Tushan Town Government (TTG) will be demolished for Tushan Branch Road, with an HD area of 4,464.32 m2, including offices of 4,378.32 m2 and unused roadside stores of 86 m2. See Table 2-5. Table 2-5 Affected Non-residential Properties on State-owned Land Unit: m2 Subcomponent Affected entity Offices Stores Total Tushan Branch Road TTG 4378.32 86 4464.32 8 Figure 2-4 Non-residential Properties on State-owned Land to be Demolished 2.2.5. Demolition of Houses with Limited Property Rights5 25 Longhuang Road involves the demolition of 12 buildings with limited property rights with 13 households. These buildings are located in former Guihuayuan Group of Lianhua Village, Tushan Town, built in 1997, with a total size of 4,636.8 m2, including a residential size of 2,356.8 m2 and a non-residential size of 2,280 m2. There are four floors in total, in which the first store are used as stores, the second floor used as office and storage and the third and fourth floor used as residential houses for. See Table 2-6 . Table 2-6 Summary of Demolished Houses with Limited Property Rights Total Commercial size Residential Self-occupied No. Household head Floor size Subtotal Floor 1 Floor 2 size / leased 1 Yang Ming 4 436.56 212 99 113 224.56 N/A 2 Wu Hengzhong 4 436.56 212 99 113 224.56 Leased Self-run / self- 3 Tian Jialu 4 436.56 212 99 113 224.56 occupied 4 Zheng Houzhi 4 296 139 66 73 157 Leased 5 Wu Weiyi 3 70 70 Self-occupied 5 Wang Jichun 1.2.4 366.56 212 99 113 154.56 Leased 6 Xiong Gang 4 299 136 66 70 163 Leased 7 Xiong Mingxia 4 430 210 98 112 220 Leased 8 Luo Chun 4 436.56 212 99 113 224.56 Leased 9 Du Quanping 4 375 Leased 809 434 204 230 10 Su Yan 4 0 Leased 11 Wen Rufu 4 330 159 73 86 171 N/A 12 Chen Ruping 4 290 142 69 73 148 Leased 5 In Nan’an District, “houses with limited property rights� are residential houses built on rural collective land but not fully complying with the construction and sale provisions. 9 13 Huang Zhide 4 Leased 4,636.8 2,280 2,356.8 Figure 2-5 Houses with Limited Property Rights to be Demolished 26 The affected non-residential properties with limited property rights are 13 stores (divided into 33 rooms), with a total size of 1,071 m2. See Table 2-7. Table 2-7 Summary of Demolished Non-residential Properties with Limited Property Rights Basic information Type of Owned / No. Store APs # of Operating impact leased rooms size 1 Luo’erhu Auto Repair HD 3 99.0 2 Rural tourism HD 1 3 Shuanghong Frozen Food HD 2 99.0 4 Car wash and service shop HD 2 99.0 5 Tianjialu Non-staple Food Store HD 1 Self-run 6 Shengxiang Processing Plant HD 2 66.0 7 Erwa Patching & Painting HD 3 99.0 8 Pang’s Auto Repair HD 2 66.0 9 Xiaochen Auto Repair HD 3 98.0 10 Xiaoren Auto Repair HD 3 99.0 11 Xiaohu Auto Repair Service Center HD 6 204.0 12 Xiahua Patching & Painting HD 3 73.0 13 Dazhuo Auto Repair HD 2 69.0 Total 33 1,071.0 10 Figure 2-6 Affected Stores 2.2.6. Affected Vulnerable Groups 27 Vulnerable groups mainly refer to the poor (per capita income below the poverty line), five- guarantee households, the disabled, psychos, women-headed households, etc. According to the site survey conducted in December, 2017 and January 2018, Longhuang Road affects no vulnerable group. And no vulnerable group among the 5 households affected by Tushan Branch Road as well. 2.2.7. Affected Population 28 33 households with 102 persons will be affected by the Subproject in total, in which 14 households with 36 persons will be affected by both LA and the demolition of rural residential houses. See Table 2-8. Table 2-8 Information of Affected Population Type of impact Subtotal AHs 14 Permanent LA APs 36 AHs 14 Demolition of rural residential houses APs 36 AHs 6 Demolition of urban residential houses APs 18 AHs 1 Non-residential properties APs - AHs 13 Demolition of houses with limited property rights APs 48 AHs 33 Total APs 102 2.2.8. Affected Ground Attachments 29 The Subproject will affect 10 types of ground attachments. See Table 2-9. Table 2-9 Affected Ground Attachments and Infrastructure 11 Subcomponent Item Proprietor Unit Qty. Ficus virens (tree) TTG / 10 Tushan Branch Telegraph pole State Grid Corp. / 6 Road Water pipe / m 350 Nan’an District Urban Alley tree / 25 Administration Bureau Telegraph pole State Grid Corp. / 13 Chongqing Municipal Urban Streetlamp / 25 Lighting Administration Bureau Longhuang Road Monitoring District public security bureau / 6 Traffic sign pole District traffic police detachment / 5 Electric box China Telecom / 2 Waste transfer station Environmental sanitation office / 1 12 3. Socioeconomic Profile of the Subproject Area 30 In order to learn the socioeconomic profile of the subproject area, the task force conducted a field survey in the subproject area in November and December 2017 using such method as literature review, interview and FGD. A supplementary survey will be conducted after the announcement of the Subproject is published. 3.1 Socioeconomic Background of the Subproject Area 3.1.1. Chongqing Municipality 31 Chongqing Municipality is located in the upper Yangtze River, and the junction of central and western China, being an important central city of China, a historically and culturally famous city, and the economic center and traffic hub of southwestern China, with a land area of 82,400 km2 and a resident population of 30.4843 million (end of 2016), governing 38 districts/counties, 812 townships and 216 sub-districts. 32 Since it became a municipality directly under the central government in 1997, significant progress has been made in economic and social development. In 2016, the city’s GDP was 1.755876 trillion yuan, a year-on-year growth of 10.7%, per capita GDP 54,902 yuan, a year- on-year growth of 9.6%, and local fiscal general budgetary revenue 222.79 billion yuan, a year- on-year growth of 7.1%. With the rapid growth of economic strength, rapid progress has been made in urban and rural infrastructure construction, and social programs, and traffic, educational and medical care systems have been established preliminarily. However, the city’s urban and rural infrastructure, and public service capacity remain weak, restricting the city’s further development to a great extent. Therefore, the Project has been implemented to promote infrastructure construction, environmental improvement, and sustainable economic and social development. 3.1.2. Nan’an District 33 Nan’an District is an urban district of Chongqing Municipality, opposite to Jiulongpo, Yuzhong and Jiangbei Districts across the river, bordered by Banan District on the east and south, with a land area of 262.43 km2, governing 8 sub-districts and 7 towns, with a resident population of 873,900 (end of 2016). 34 In 2016, Nan’an District’s GDP was 74.55 billion yuan, local fiscal revenue 7.55 billion yuan, fiscal expenditure was 13.998 billion yuan, savings balance of urban and rural residents 60.16 billion yuan, balance of loans 104.705 billion yuan, social investment in fixed assets 43.377 billion yuan, social retail sales of consumer goods 41.619 billion yuan, up 10.7%, per capita disposable income of urban residents 32,983 yuan, up 8.3%, and per capita net income of farmers 17,839 yuan, up 1,473 yuan or 9.0%. See Table 3-1. Table 3-1 Socioeconomic Profile of Chongqing Municipality and Nan’an District in 2016 Per capita Gross Gross Local Per disposabl Per capita GDP agricultura industrial fiscal Land Populatio capita e income net income (00 l output output revenue Division area n (0,000) GDP of urban of farmers million value (00 value (00 (00 (km2) (yuan) residents (yuan) yuan) million million million (yuan) yuan) yuan) yuan) Chongqing 17,559. 23,906.5 2,227.9 3,048.43 82,400 57,904 29,601 11,548 1,151.77 Municipality 3 8 1 Nan’an 87.39 262.43 86,085 32,983 17,839 745.5 4.3 433.8 75.54 District Source: Statistical Yearbook 2017 of Chongqing Municipality, Statistical Yearbook 2017 of Nan’an District 13 35 In 2016, Nan’an District’s per capita GDP, per capita disposable income of urban residents and per capita net income of farmers were higher than the averages of Chongqing, indicating that the district ranked top among all districts and counties of Chongqing. 3.1.3. Affected Townships and Sub-districts 36 Longmenhao Sub-district has a registered population 24,600, all being urban residents, and a resident population of over 40,000. Tushan Town has a registered population of 57,400, all being urban residents, and a resident population of 41,215. Table 3-2 Socioeconomic Profile of the Affected Townships and Sub-districts in 2016 Gender Per capita Registere By gender By urban/rural ratio disposable income Division HHs d population Female Male Female Urban Rural Urban Rural = 100 Nan’an District 277,111 700,126 343,908 356,218 97 640,368 59,758 32,983 17,839 Longmenhao 27,501 0 10,039 24,587 12,139 12,448 98 24,587 0 Sub-district Tushan Town 24,579 57,380 27,763 29,617 94 57,380 0 0 18,996 Table 3-3 Socioeconomic Profile of the Affected Villages/Communities in 2016 Town / sub- Resident Agricultural Poor Poor Rural MLS Urban MLS Village HHs district population population HHs population population population Luozibao Community 4,752 14,682 0 / / / 90 Tushan Town (former Liuhulan Village) Lianhua Village 1,919 4,040 1,540 23 27 17 0 Longmenhao Shanghao 6,359 15,610 / / / / 284 Sub-district Community Source: provided by relevant departments during site survey in affected communities and re;evant agencies in December 2017 37 In 2016, Tushan Town’s per capita net income of farmers were was 18,996 yuan, and the socioeconomic profile of the 3 sub-districts / villages is as follows: Tushan Town Former Liuhulan Village (now governed by Luozibao Community) Overview: This village is located in the outskirts of Nan’an District, and its land will be acquired for urban construction. All rural residents in this village have been converted into urban status. Income: This village has only scattered farmland for own use. The main income source is employment. Lianhua Village 14 Overview: This village is one of the largest urban villages in Nan’an District, and the urban village reconstruction project was started in 2010. As of 2017, about 50% of rural residents had been converted into urban status, with 1,924 rural residents today. Income: This village has per capita net income is 14,000 yuan, and the main income source is employment. In village, employees account for 40% of population, farmers for 10%, merchants for 4%, and lessors for 46%. Agricultural income sources are potted plant, greenhouse and grains, while employees mostly work locally in leather factory, restaurants or supermarket. House rental income accounts for 80%-90% of gross income. Longmenhao Sub-district: Overview: Longmenhao Sub-district was once the political and economic center of Nan’an District, but is now faced with infrastructure aging and population loss. Income: The main income source is employment, some rely on house rental and other income sources.. 3.2 Basic Information of AHs 38 The door-to-door survey cannot be conducted for the moment, and will be postponed right after the project plan announcement per the request from the Owner and relevant towns/streets . 39 The demolition of houses with limited property rights in Guihuayuan Group involves 13 households with 48 persons, including 30 males and 18 females, all being urban residents, mostly former villagers of Guihuayuan Group of Lianhua Village. Their main income sources are employment, business and rental. 1) Employment income 40 Employees mostly work locally, dealing mainly with catering service, housekeeping, working for small enterprises, etc., with monthly income of 3,000-5,000 yuan. It’s one of the main income sources. 2) Rental income 41 11 AHs lease their houses or stores for rental, and two AHs live or do business in houses with limited property rights. Lease contracts are signed every 3 years. Monthly rental of stores on the Floor 1 is 200-300 yuan, and that of residential houses on Floors 3 and 4 is 100-150 yuan/room. It’s one of the main income sources as well. 42 All the 13 affected stores are located in the plot of Longhuang Road, in which 10 deal with electromobile repair, two with non-staple or frozen food, and one with catering. Except a non- staple food store that is self-run by the proprietor, the other 12 stores are running in leased houses. Lease contracts mostly have a term of 3 years, and would be renewed through negotiation upon expiry. Rental is paid annually, within the range of 2,400-3,600 yuan per annum. 43 Longhuang Road is located beside an expressway in Longmenhao Sub-district, where there are many automobile repair shops, which operate well, with annual income of about 100,000 yuan. Some operators also lease Floor 2 spaces for office or storage, and Floor 3 and 4 spaces for residence. 44 The 5 AHs in Luozibao Community were converted into urban status in 2000, and the household heads and their spouses are now retired and receive a pension of over 1,000 yuan per month per capita. And the pension is increasing as age growing, eg. the received pension shall be 1,350 yuan for a man aged 79. Their 5 children are employed outside, and their farmland is for own use. 15 4. Legal and Policy Framework 4.1 Regulations and Policies on Resettlement 45 The RAP has been prepared and will be implemented in strict conformity with the laws and regulations of the People’s Republic of China (PRC) and Chongqing Municipality, and the Bank’s requirements. The resettlement work of the Subproject will be conducted in strict conformity with the policies in the RAP. See Table 4-1. Table 4-1 Summary of Applicable Regulations and Policies Level Policy document Effective date Land Administration Law of the PRC 2004-8-28 Notice on Issuing the Guidelines on Improving Compensation and 2004-11-3 Resettlement Systems for Land Acquisition (MLR [2004] No.238) Decision of the State Council on Deepening the Reform and Rigidly 2004-10-21 Enforcing Land Administration (SC [2004] No.28) Notice of the Ministry of Land and Resources on Doing a Better Job in LA 2010-6-26 Management (MLR [2010] No.238) Notice on Adjusting Fees for Using Additional Construction Land (CZ 2006-11-7 [2006] No.48) State Notice of the Ministry of Labor and Social Security, and Ministry of Land and Resources on Doing a Good Job in Social Security for Land- 2007-4-28 expropriated Farmers Practically (MLSS [2007] No.14) Urban Real Estate Administration Law of the PRC (Decree No.72 of the 2007-8-30 President of the PRC) Regulations on the Expropriation of Houses on State-owned Land and 2011-1-21 Compensation Therefor (Decree No.590 of the State Council) Evaluation Measures for House Acquisition on State-owned Land (Decree 2011-6-3 77 (2011) of Jianfang) Land Administration Regulations of Chongqing Municipality (Decree No.53 1999-3-22 of the Chongqing Municipal Government) Land Acquisition Compensation and Resettlement Measures of Chongqing 1999-1-1 Municipality (Decree No.55 of the Chongqing Municipal Government) Interim Measures of Chongqing Municipality for Basic Endowment Insurance for Farmers Converted into Urban States in Land Acquisition 2008-1-1 after January 1, 2008 Notice of the Chongqing Municipal Government on Adjusting Land 2008-1-1 Chongqing Acquisition Compensation and Resettlement Policies (CMG [2008] No.45) Municipality Notice of the Chongqing Municipal Government on Further Adjusting Land 2013-1-1 Acquisition Compensation Rates (CMG [2013] No.58) Measures of Chongqing Municipality for the Expropriation of Houses on State-owned Land and Compensation Therefor (Interim) (CMGO [2011] 2011-5-5 No.123) Measures of Chongqing Municipality for the Selection of Appraisal 2011-5-5 Agencies for Acquired Houses on State-owned Land Measures of Chongqing Municipality for Compensation for Losses from 2011-5-5 Production or Business Suspension due to House Acquisition on State- 16 owned Land Trial Measurs for Evaluation of Chongqing House Acquisition on State- 2011-9-26 owned Land (YuGuotufangguanfa [2011]173) Notice of the Nan’an District Government on Adjusting Compensation 2013-9-27 Rates for Land Acquisition (NDG [2013] No.68) Nan’an Notice of the General Office of the Nan’an District Government on 2013-10-10 District Regulating Rewards (Subsidies) for Resettlement (NDGO [2013] No.120) Guidelines of the Nan’an District Government on the Disposal of Houses 2012-11-7 with Limited Property Rights (NDG [2012] No.105) Operational Policy OP4.12 on Involuntary Resettlement, and Bank Bank 2002-1-1 Procedure BP4.12 on Involuntary Resettlement and appendixes 4.2 State Laws and Regulations Land Administration Law of the PRC (2004) 46 Any organization or individual that need land for construction purposes should apply for the use of land owned by the State according to law. 47 Article 44: Whereas occupation of land for construction purposes involves the conversion of agricultural land into land for construction purposes, the examination and approval procedures in this regard shall be required. 48 Whereas agricultural land is converted into construction purposes as part of the efforts to implement the general plans for the utilization of land within the amount of land used for construction purposes as defined in the general plans for cities, villages and market towns, it shall be approved batch by batch according to the annual plan for the use of land by the organs that approved the original general plans for the utilization of land. The specific projects within the scope of land approved for conversion shall be approved by the people's governments of cities or counties. 49 Article 47: In acquiring land, compensation should be made according to the original purposes of the land acquired. Compensation fees for land acquired include land compensation fees, resettlement fees and compensation for attachments to or green crops on the land. 50 Whereas the land compensation fees and resettlement fees paid according to the provisions of the second paragraph of this article are not enough to maintain the original level of living, the resettlement fees may be increased with the approval of the people's governments of provinces, autonomous regions and municipalities. But the combined total of land compensation fees and resettlement fees shall not exceed 30 times the average output value of the three years prior to the acquisition. Notice on Issuing the Guidelines on Improving Compensation and Resettlement Systems for Land Acquisition (MLR [2004] No.238) 51 Agricultural resettlement. When rural collective land out of urban planning areas is acquired, land-expropriated farmers shall be first provided with necessary arable land using mobile collective land, contracted land turned over by contractors and arable land arising from land development so that they continue to pursue agricultural production. 52 Reemployment resettlement. Conditions shall be created actively to provide free labor skills training to land-expropriated farmers and place them to corresponding jobs. Under equal conditions, land users shall first employ land-expropriated farmers. When rural collective land within urban planning areas is acquired, land-expropriated farmers shall be included in the urban employment system and a social security system established for them. 17 53 Dividend distribution resettlement. When any land with long-term stable income is to be used for a project, the affected rural collective economic organization may become a project shareholder with compensation fees for land acquisition or rights to use construction land in consultation with the land user. The rural collective economic organization and rural households will receive dividends as agreed. 54 Non-local resettlement. If basic production and living conditions are not available locally to land- expropriated farmers, non-local resettlement may be practiced under the leadership of the government in consultation with the rural collective economic organization and rural households. Provisions on information disclosure and supervision: 55 Land acquisition approval shall be disclosed. For any land acquired with approval according to law, the Ministry of Land and Resources, and provincial land and resources department shall disclose land acquisition approval to the public through mass media except where any state secret is involved. The county (municipal) land and resources bureau shall disclose land acquisition approval to the affected village. Decision of the State Council on Deepening the Reform and Rigidly Enforcing Land Administration (SC [2004] No.28) 56 Basic farmland shall be protected strictly, because basic farmland is the basis for national food safety. Once identified, basic farmland shall not be occupied by any organization or individual, or not be reused without the approval of the State Council. Any basic farmland occupied after approval shall be compensated for at the highest applicable rate. 57 Improving measures of compensation for land acquisition. County-level and above local people’s governments shall take practical measures so that the standard of living of farmers affected by land acquisition is not reduced by land acquisition. Land compensation, resettlement subsidy and compensation for ground annexes and crops shall be paid in full and timely pursuant to law. If the land compensation and resettlement subsidy pursuant to the prevailing laws and regulations are insufficient to maintain the former standard of living of the farmers affected by land acquisition or to pay the social security expenses of farmers who lose all land due to land acquisition, the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government shall approve an increased resettlement subsidy. If the sum of the land compensation and the resettlement subsidy attains the statutory upper limit and is still insufficient to maintain the former standard of living of the farmers affected by land acquisition, local people’s governments may pay a subsidy from the income from compensated use of state land. 58 Resettling land-expropriated farmers properly. County-level and above local people’s governments shall take specific measures to guarantee long-term livelihoods of farmers affected by land acquisition. For projects with a stable income, farmers may become a shareholder using the right to use of land used for construction approved pursuant to law. Within the urban planning area, local people’s governments shall bring farmers who lose all land due to land acquisition into the urban employment system, and establish a social security system; out of the urban planning area, in acquiring land collectively owned by farmers, local people’s governments shall reserve necessary arable land or arrange appropriate jobs for farmers affected by land acquisition within the same administrative area; farmers without land who do not have the basic living and production conditions shall be subject to non-local resettlement. The labor and social security authorities shall propose guidelines for the employment training and social security systems for farmers affected by land acquisition as soon as possible. 59 Improving land acquisition procedures. During land acquisition, the ownership of collective land of farmers and the right to contracted management of farmers’ land shall be maintained. Before land acquisition is submitted for approval pursuant to law, the use, location, compensation standard and resettlement mode of the land to be acquired shall be notified to farmers affected by land acquisition; the survey results of the present situation of the land to be acquired shall be confirmed by rural collective economic organizations and farmers to be affected by land acquisition; if necessary, the land and resources authorities shall organize a hearing in 18 accordance with the applicable provisions. The materials for notification to and confirmation by the farmers affected by land acquisition shall be taken as requisite materials for approval for land acquisition. Accelerate the establishment and improvement of the coordination and judgment mechanism for disputes over compensation and resettlement for land acquisition to protect the lawful rights and interests of farmers affected by land acquisition and land users. Approved matters of land acquisition shall be disclosed unless in special cases. 60 Strengthening Supervision over the implementation of land acquisition. If the compensation and resettlement for land acquisition has not been implemented, the acquired land shall not be used forcibly. The People’s governments of provinces, autonomous regions and municipalities directly under the Central Government shall formulate the procedures for the distribution of the land compensation within rural collective economic organizations on the principle that the land compensation is used for rural households affected by land acquisition mainly. Rural collective economic organizations affected by land acquisition shall disclose the receipt, disbursement and allocation of land compensation fees to their members and accept supervision. Guidelines on Doing a Better Job in Employment Training and Social Security for Land- expropriated Farmers (SCO [2006] No.29) 61 Doing a good job in employment training and social security for LEFs shall be an important part of land acquisition institutional reform. Local governments at all levels shall strengthen employment training and social security, include LEF employment issues in economic and social development plans, and annual plans, establish social security institutions suited to the characteristics and needs of LEFs, take effective measures to secure employment training and social security funds, promote LEFs’ employment and integration into urban society, and ensure that LEFs’ living standards are not reduced due to land acquisition and that their long-term livelihoods are secured. 62 Define the scope, highlight the key points and make unified planning. Subjects of employment training and social security for LEFs shall mainly be registered agricultural population losing all or most of land due to the unified acquisition of rural collective land by the government, and having the right to contract rural collective land upon land acquisition. To do a good job in employment training and social security for LEFs, new LEFs should be the key group, LEFs of labor age be key subjects of employment training, and elderly LEFs be key subjects of social security. During implementation, all localities shall plan new and old issues of employment training and social security for LEFs in a unified manner based on local conditions, and the affordability of local public finance, village collectives and farmers. For eligible new LEFs, the government shall make employment training arrangements and implement appropriate social security policies upon land acquisition. Employment training and social security issues of former LEFs shall also be addressed properly. 63 Conduct classified guidance based on conditions within and out of urban planning areas. Within urban planning areas, local governments shall include LEFs in the urban employment system, and establish social security institutions. Out of urban planning areas, local governments shall ensure that cultivated land or jobs is/are reserved for LEFs within their administrative jurisdictions, and that LEFs are included in the rural social security system. LEFs in areas without adequate production and living conditions shall be relocated and included in the social security system of destinations. 64 Promote the employment of LEFs. A market-oriented employment mechanism should be stuck to, urban and rural employment planned in a unified manner, jobs developed in multiple ways, the employment environment improved, enterprises, public institutions and communities encouraged to absorb LEFs, and LEFs supported to find jobs and startup businesses themselves. Within urban planning areas, LEFs shall be included in the uniform unemployment registration system and urban employment service system. Unemployed LEFs may go through unemployment registration with local public employment service agencies, which shall provide employment consulting, guidance, training and referral services to LEFs so that LEFs of labor age and willing to get employed to be employed as soon as possible. Unemployed LEFs of 19 labor age and willing to get employed to be employed shall be entitled to supporting policies on employment promotion and reemployment. 65 Ascertain the responsibility for LEF employment and resettlement. The government shall develop public welfare jobs actively to place LEFs with employment difficulties, and urge and direct land users to employ LEFs with priority. Employment modes may include that land users offer jobs and enter into labor contracts with LEFs directly, or that land users, employment service agencies and LEFs enter into a contract together. 66 Strengthen training for LEFs. Within urban planning areas, all localities shall develop vocational training programs suited to LEFs, and help LEFs get employed by various means, such as order-based training. Out of urban planning areas, all localities shall give vocational training to LEFs actively to improve their employment competitiveness and ability to start up business. 67 Secure basic and long-term livelihoods. All localities shall secure basic and long-term livelihoods of LEFs by various means based on practical conditions. For LEFs within urban planning areas, measures for maintaining basic living standards and old age security shall be developed based on local economic level and for different age groups. LEFs entitled to minimum living security for urban residents shall be included in the minimum living security system for urban residents. In areas where trials on urban medical assistance institutions have begun, LEFs eligible for medical assistance shall be included in the scope of medical assistance. In areas where conditions permit, LEFs shall be included in social insurance for urban enterprise employees, such as endowment, medical and unemployment insurance, to solve their basic living security issues through the prevailing urban social security system. In areas where rural social endowment insurance institutions have been established, trials on new-type rural cooperative medical institutions are ongoing, and rural minimum living security institutions are implemented, LEFs out of urban planning areas shall be included in the scope of security. In areas where the above institutions have not been established, local governments may secure LEFs’ basic livelihoods by various means as the case may be, provide necessary old age support and medical services, and include eligible LEFs in local social assistance. 68 Determine security levels rationally. All localities shall fix social security standards for LEFs rationally on the principles of policy integration, fiscal affordability, living standard maintenance and feasibility. Basic living and old age security standards for LEFs shall not be less than local minimum living security standards. 69 Secure employment training and social security funds. Funds for the employment training of LEFs shall be disbursed from local finance; funds for social security shall be disbursed from resettlement subsidies and land compensation fees for land acquisition approved by local governments. In areas where conditions permit, local finance and collective economy shall strengthen support for LEFs to cover urban and rural social insurance. Notice of the Ministry of Labor and Social Security, and Ministry of Land and Resources on Doing a Good Job in Social Security for Land-expropriated Farmers Practically (MLSS [2007] No.14) 70 Subjects, rates and fund raising method of social security for land-expropriated farmers shall be subject to prior disclosure and public hearing to protect their rights of information and participation. Labor and social security, and land and resources departments should work effectively to ensure the proper implementation of social security for land-expropriated farmers. 71 All income from the transfer of the right to use state-owned land shall be entered into local treasuries, and disbursed from land transfer income under local budgets. Social security costs for land-expropriated farmers shall be transferred fully to the special account, and entered into the individual or pooling account within 3 months of approval of the land acquisition compensation and resettlement program. Notice of the Ministry of Land and Resources on Doing a Better Job in LA Management (MLR [2010] No.238) 20 72 (1) Apply uniform AAOV rates and location-based overall land prices for land acquisition in all aspects. Fixing uniform AAOV rates and location-based overall land prices for land acquisition are an important measure for improving land acquisition compensation mechanism and realizing equal price for equal land, and also an essential requirement for increasing compensation rates for land acquisition, and protecting farmers’ rights and interests. These rates shall be complied with strictly for rural collective land acquired for all types of construction. For any new construction project, strict control shall be exercised upon land use pre- examination to ensure that land acquisition compensation fees are calculated according to the published uniform AAOV rates and location-based overall land prices for land acquisition, and are included in the budgetary estimates in full. If the construction land is located in an area with the same AAOV or location-based overall land price, the level compensation for land acquisition shall be consistent, so as to realize equal compensation for equal land. 73 All localities shall establish a dynamic adjustment mechanism for compensation rates for land acquisition, adjust compensation rates for land acquisition every 2 or 3 years depending on economic level and local per capita income growth, and improve the compensation level for land acquisition gradually. Provinces where prevailing compensation rates for land acquisition have exceeded specified levels shall adjust and amend their compensation rates hereunder. Any province that fails to make timely adjustments shall not be pass land use examination. 74 (2) Explore and improve depository systems for land acquisition compensation fees. In order to prevent the default of land acquisition compensation fees, and ensure that compensation fees are made available timely and fully, all localities shall explore and improve depository systems for land acquisition compensation fees. When organizing land approval, a municipality or county shall estimate land acquisition compensation fees according to the size and compensation rate of land acquisition, and the land use applicant shall deposit land acquisition compensation fees in advance; for urban construction land and land for any construction project selected separately in the mode of transfer, the local government shall deposit land acquisition compensation fees in advance. After the land use has been approved according to law, the deposited land acquisition compensation fees shall be settled timely. 75 Province-level land and resources departments shall establish sound rules and regulations for the deposition of land acquisition compensation fees together with competent authorities based on local conditions, and exercise control during land use examination. 76 (3) Distribute land acquisition compensation fees rationally. After uniform AAOV rates and location-based overall land prices for land acquisition are practiced, province-level land and resources departments shall establish sound measures for the distribution of land acquisition compensation fees together with the departments concerned, and submit them to province- level governments for approval provided compensation fees for land acquisition should be used mainly on land-expropriated farmers. 77 Upon land acquisition, municipal and county land and resources departments shall pay compensation and resettlement fees timely and fully according to determined compensation and resettlement programs for land acquisition; fees payable to land-expropriated farmers shall be paid directly to individual farmers, and the withholding or embezzlement of compensation and resettlement fees for land acquisition shall be prevented or corrected timely. 78 (4) Give priority to agricultural resettlement. All localities shall adopt effective resettlement modes suited to local conditions. In rural areas where cultivated land has been added through land management or much mobile land is reserved by rural collective economic organizations, priority shall be given to the mode of agricultural resettlement upon land acquisition, where newly added cultivated land or mobile land shall be allocated to land-expropriated farmers so that they are able to maintain basic production conditions and income sources. 79 (5) Regulate resettlement on reserved land. Where land acquisition is conducted within the range of urban construction land identified in a master plan for land utilization, the resettlement mode on reserved land may be adopted based on local conditions. However, guidance and management shall be strengthened. Reserved land shall be provided in the range of urban construction land and converted into state-owned land; where farmland conversion is involved, 21 it shall be included in annual land utilization plans to prevent expanding the size of urban construction land due to resettlement on reserved land; reserved land development shall comply with the urban construction plan and pertinent provisions. In areas where resettlement on reserved land is practiced, local governments shall develop strict administrative measures to ensure that reserved land is arranged normatively and orderly, and developed and utilized scientifically and rationally. 80 (6) Ensure social security funds for land-expropriated farmers are available. Including land- expropriated farmers in the social security system is an effective way of solving the long-term livelihood problem of land-expropriated farmers. Land and resources departments at all levels shall promote the building of the social security system for land-expropriated farmers together with the departments concerned under the leadership of local governments. Presently, the key to the social security for land-expropriated farmers is to secure social security funds. All localities are encouraged to expand sources of social security funds from land users in conjunction with compensation and resettlement for land acquisition. During land use examination and approval, all localities shall control the availability of social security funds for land-expropriated farmers. 81 In areas where trials on the new rural social endowment insurance system are conducted, the social security for land-expropriated farmers shall be linked up with the new rural social security system. Where land-expropriated farmers are included in the new rural social security system, the social security system for land-expropriated farmers shall also be implemented, and the new rural social security system shall not be used in place of the social security system for land- expropriated farmers. 82 (7) Implement compensation and resettlement for houses demolished in land acquisition practically. All localities shall attach great importance to farmers’ house demolition in land acquisition, and strengthen management practically pursuant to the Emergency Notice. Compensation and resettlement for farmers’ house demolition involves many aspects, such as land, planning, construction, household registration and civil affairs management, and also such social issues as public security, environmental management and folk customs. Municipal and county land and resources departments shall establish a coordination mechanism, develop measures and implement house demolition properly together with the departments concerned under the unified leadership of local governments. The applicable laws, regulations and policies shall be complied with strictly, and the relevant procedures performed, so that displaced rural households are resettled before their houses are demolished, and illegal or nonconforming compulsory demolition shall be avoided or corrected. 83 (8) Reasonable compensation and resettlement shall be provided for house demolition. Farmers’ houses demolished in land acquisition shall be compensated for reasonably, and diversified resettlement modes suited to local conditions adopted to solve the housing problem for displaced rural households properly. In far suburbs and rural areas, the mode of relocation and reconstruction shall be adopted mainly, where housing sites shall be allocated for house construction. Compensation for house demolition shall cover both demolished houses and acquired housing sites. Demolished houses shall be compensated for at a replacement cost, and acquired housing sites shall be compensated for at local compensation rates for land acquisition. 84 In outskirts and urban villages, no housing site shall be allocated separately for house construction in principle, while the mode of compensation in cash or in kind shall apply mainly, where displaced rural households shall purchase houses themselves or accept resettlement housing provided by the government. The sum of compensation fees and government subsidies received by displaced rural households shall be sufficient for them to purchase houses at reasonable levels. 85 (9) Carry out LA and HD orderly under unified planning. In outskirts and urban villages, local governments shall forecast the scale of farmers’ house demolition and resettlement within a certain period based on urban development plans, make advance arrangements for resettlement sites and housing, and organize house demolition orderly. Resettlement housing 22 construction shall comply with urban development plans, and “repeated demolition� shall be avoided. In far suburbs and rural areas, in case of resettlement by relocation and reconstruction, relocation and reconstruction land shall be provided within village and town construction land, giving priority to the utilization of idle land and unused housing land. For villages included in the range of demolition and merger, relocation and reconstruction land shall be as close to planned settlements as possible. Where conditions permit, resettlement housing for displaced rural households shall be constructed in a unified manner in conjunction with new countryside or central village building. 86 (10) Conduct notification, confirmation and hearing carefully before reporting for approval. Land acquisition concerns farmers’ immediate interests, and the rights of information, participation, appeal and supervision of farmers shall be protected. Municipal and county land and resources departments shall perform the procedures carefully to listen well to farmers’ opinions before reporting for approval of land acquisition in strict conformity with the pertinent provisions. Land acquisition programs shall be notified practically to village groups and farmers by such means as broadcast, village bulletin board and announcement in conjunction with village affairs disclosure. If any land-expropriated farmer has an objection and proposes a public hearing, the local land and resources department shall organize a hearing timely. Reasonable requirements proposed by farmers must be addressed properly. 87 (11) Simply post-approval implementation procedures. In order to shorten the implementation time after land acquisition approval, where the notification, confirmation and hearing procedures have been performed, and the confirmation of land ownership, land type, size, ground attachments and young crops, and compensation registration have been completed before reporting for approval of land acquisition, the compensation and resettlement program for land acquisition may be drafted upon reporting for approval of land acquisition. After the approval of land acquisition, the land acquisition announcement, and the announcement of the compensation and resettlement program for land acquisition may be posted concurrently. If there is any further public opinion during announcement, the policies shall be publicized and explained carefully to win public understand and support. 88 (12) Strengthen the responsibility of municipal and county governments as the main subject of land acquisition. According to law, municipal and county governments are the main subject of land acquisition, and generally responsible for the fixation of compensation rates for land acquisition, compensation and resettlement for house demolition, the timely and full disbursement of compensation fees, the employment training of land-expropriated farmers, and the inclusion of land-expropriated farmers in the social security system. Land and resources departments shall perform its responsibilities under the unified leadership of the government to ensure that land acquisition is conducted normatively and orderly. 89 (13) Implement a feedback system after approval of land acquisition. Within 6 months of approval of construction land (for urban construction land approved by the State Council, after the approval of farmland conversion and land acquisition programs by province-level governments), municipal and county land and resources department shall submit information on the implementation of land acquisition, including the range and size of land acquisition, the performance of the post-approval procedures for land acquisition, the availability of land acquisition compensation fees, and the resettlement and social security implementation of land- expropriated farmers, to province-level land and resources department, and the Ministry of Land and Resources via the online submission system. Province-level land and resources departments shall urge and direct municipalities and county to submit information properly, check submitted information, correct non-submission, delayed submission and erroneous submission timely. Land and resources departments at all levels shall take full advantage of submitted information to master and analyze the post-approval implementation of land acquisition, strengthen post-approval land regulation, and ensure that land acquisition is implemented as required. Real Right Law of the PRC 23 90 Where a real right is damaged, the right holder may settle the problem by means of conciliation, mediation or arbitration, etc. 91 In order to meet the demands of public interests, it is allowed to requisition lands owned collectively, premises owned by entities and individuals or other realties according to the statutory power limit and procedures. 92 When requisitioning the premises owned by entities and individuals or other realties, it is required to compensate for demolishment and requisition in accordance with law and protect the lawful rights and interests of the owners of the requisitioned realties; when requisitioning the individuals’ residential houses, it is required to guarantee the housing conditions of the owners of the requisitioned houses. 93 The compensation fees for requisition and other fees may not be embezzled, misappropriated, privately shared, detained or delayed in the payment of by any entity or individual. 94 An individual has the right to own his legal income, premise, household goods, production instruments, raw materials as well as other realties and chattels. 95 The holder of the right to use construction land has the right to possess, use and seek proceeds from the land owned by the state, and shall be entitled to the construction of buildings, fixtures and their auxiliary facilities by making use of such land. Regulations on the Expropriation of Houses on State-owned Land and Compensation Therefor 96 The state may acquire properties on state-owned land for public interests, and grant compensation according to law. For residential houses acquired, residential conditions shall be guaranteed. 97 If a land use right is obtained by allocation, the transfer of the property shall be reported to the competent authority for approval. In case of transfer, a transfer fee shall be paid. 98 If a land use right is obtained by transfer, and the transferee changes the land use specified in the transfer contract, such change must be approved by the transferor, and the municipal or county administrative department for urban planning, and a new transfer contract entered into. 4.3 Municipal Regulations Land Administration Regulations of Chongqing Municipality (Decree No.53 of the Chongqing Municipal Government) 99 Article 19 If farmland is to be converted into construction land for construction purposes, the farmland conversion approval formalities shall be completed according to law. If farmland is to be converted into construction land within the range of construction land in the master land utilization plan, the following conditions shall be met: (1) The master land utilization plan is complied with; (2) The master urban development plan is complied with; (3) An annual quota for farmland conversion is obtained; and (4) A measure for cultivated land replenishment has been taken. 100 Article 22 In case of land acquisition, the acquirer shall pay land compensation fees, resettlement subsidy, and compensation fees for young crops and ground attachments in full within 3 months from the date of approval of the land acquisition compensation and resettlement program. Land Acquisition Compensation and Resettlement Measures of Chongqing Municipality (Decree No.55 of the Chongqing Municipal Government) 101 Article 19 For the following population converted into urban status, administrative authorities for land shall disburse land compensation fees and resettlement subsidies to civil affairs authorities at a time for resettlement or monthly payment of living expenses: 24 (1) Orphans under 18 years; (2) Male widows aged over 60 years and female widows aged over 50 years; (3) Certified disabled persons without a guardian; (4) Certified psychos without a guardian. Notice of the General Office of the Chongqing Municipal Government on Strengthening Land Acquisition and House Demolition Management Practically (CMGO [2013] No.27) 102 Article 3: Regulating land acquisition and house demolition behavior strictly: 1) Performing the prior disclosure procedure carefully; 2) Conducting the DMS properly; 3) Acting strictly on the announcement and registration institution; and 4) Strengthening control over land acquisition compensation and resettlement funds Measures of Chongqing Municipality for the Expropriation of Houses on State-owned Land and Compensation Therefor (Interim) (CMGO [2011] No.123) 103 Article 2 When properties on state-owned land are acquired for public interests, fair compensation shall be granted to proprietors. 104 Article 3 House acquisition and compensation shall be conducted on the basis of democratic decision-making, result disclosure and relocation first. 105 Article 4 Municipal administrative departments for real estate shall be responsible for directing and supervising house acquisition and compensation on state-owned land within own cities. 106 District / county governments shall appoint house acquisition departments to be responsible for house acquisition and compensation within own administrative divisions. 107 Article 9 The district / county house acquisition department shall investigate and register the ownership, location, purpose and building area of each acquired house, and disclose the investigation results. 108 The district / county government shall organize the administrative departments for urban and rural planning, land, housing, construction, etc. to investigate, identify and handle unregistered buildings within the range of acquisition before making an acquisition decision . 109 Article 10 The real estate appraisal agency shall be selected by the affected proprietors through consultation, or failing this, by majority or randomly under the supervision of a notary public. 110 Article 11 The appraisal agency shall conduct pre-appraisal, and provide pre-appraised prices for the development of the compensation program. 111 Article 12 The house acquisition department shall draft a compensation program, submit it to the district / county government for demonstration and disclosure, and collect comments for not less than 30 days. 112 Article 17 The district / county government shall publish an announcement within 5 working days after making the acquisition decision, specifying the compensation program, administrative reconsideration and litigation rights, etc. 113 The district / county government and the house acquisition department shall conduct relevant publicity and explanation properly. 25 114 If a house is acquired according to law, the right to use state-owned land shall be withdrawn simultaneously. 115 Article 18 After the acquisition decision is announced, the house acquisition department shall disclose preliminary household appraisal results for 7 days, and appoint an appraiser to conduct explanation on site. The appraiser shall register any mistake, and apply for correction. 116 Article 19 The appraisal agency shall submit an overall appraisal report and household appraisal reports to the house acquisition department after disclosure and correction. The house acquisition department shall send household appraisal reports to proprietors timely. 117 Article 26 If any residential house is actually occupied, and the household has no other residential house, a resettlement house with a building area of 30 m2 will be granted for a household with two or less members and an acquired house area of less than 30 m2, or a resettlement house with a building area of 45 m2 will be granted for a household with 3 or more members and an acquired house area of less than 45 m2. 118 If an affected proprietor is eligible for housing security, housing security shall be granted with priority. Notice of the Chongqing Municipal Government on Further Adjusting Land Acquisition Compensation Rates (CMG [2013] No.58) 119 1. Adjusting the land acquisition compensation rates of the main urban area: Land compensation fees shall be 18,000 yuan/mu based on acquired land area regardless of land type and location. Resettlement subsidy shall be 38,000 yuan per capita based on the agricultural population converted into urban status. Young crops and ground attachments shall be compensated for at 22,000 yuan per mu. 120 2. District and county governments not in the main urban area shall adjust land acquisition compensation rates by reference to local conditions, and submit adjusted rates to the municipal government for record. Regulations of Chongqing Municipality on Land and Property Ownership Registration 121 If a right to use state-owned obtained by transfer is to be registered, the voucher of the land transfer fee, land transfer contract, boundary map, former land ownership certificate and land delimitation report shall be submitted. 122 If a right to use state-owned obtained by allocation is to be registered, the land use approval document, boundary map, and land delimitation report shall be submitted. 123 If a right to use state-owned obtained by state authorization is to be registered, the land use agreement or approval document between the authorizer and the user, land asset disposal program, and land delimitation report shall be submitted. Administrative Measures for the Lease of Commercial Houses (2011) 124 These Measures shall apply to the supervision and administration of leases of commercial housing on state-owned land within the urban planning area. 125 The parties to a house lease shall specify the disposition of house acquisition or demolition in the lease contract. 4.4 District Measures Notice of the Nan’an District Government on Adjusting Compensation Rates for Land Acquisition (NDG [2013] No.68) Land compensation and resettlement subsidy: 26 126 Land compensation and resettlement subsidy shall be calculated separately, where land compensation shall be 18,000 yuan per mu of the lawfully acquired area. 127 Resettlement subsidy shall be 38,000 yuan per capita based on the agricultural population converted into urban status. Compensation for young crops and ground attachments: 128 Young crops and ground attachments shall be compensated for at a fixed rate of 22,000 yuan per mu. Compensation rates for rural residential houses: Table 4-2 Compensation Rates for Rural Residential Houses Structural type Detailed structure Compensation rate Reinforced concrete Frame (shear wall) cast-in-situ roof 660 Masonry concrete Brick wall (ashlar) with prefabricated roof 600 Brick wall (board) with prefabricated roof 480 Masonry timber Brick wall (stone sheet) with tile roof 420 Brick wall, asbestos tile roof (or felt, fiberglass tile) 390 Earth wall Earth wall with tile roof 360 Asbestos tile roof 330 Brick (stone, timber) columns, asbestos tile roof (or 120 Simple felt, fiberglass tile) Simple shed 100 129 Before the issue of the LA approval, agricultural population to be converted into urban status holding a certificate of house title and a certificate of the right to use collective land shall be subjects of housing resettlement in the mode of cash compensation or preferential housing purchase under property swap. 130 In case of housing resettlement, each person will receive a building area of 30 m2. The building area of a room is 15 m2. 131 1) Cash Compensation ⚫ The cash compensation rates for agricultural population converted into urban status shall be as follows: ⚫ Nanping, Tushan and Jiguanshi Towns: 5,700 yuan/m2; ⚫ Nanshan Sub-district: 5,000 yuan/m2; ⚫ Changshengqiao, Xiakou, Yinglong and Guangyang Towns: 4,000 yuan/m2. 132 2) Preferential housing purchase under property swap: The implementing agency shall offer resettlement housing, and resettle the affected persons according to the Land Acquisition Compensation and Resettlement Measures of Chongqing Municipality (Decree No.55 of the Chongqing Municipal Government), Notice of the Chongqing Municipal Government on Adjusting Land Acquisition Compensation and Resettlement Policies (CMG [2008] No.45), and Notice of the Chongqing Municipal Government on Further Adjusting Land Acquisition Compensation Rates (CMG [2013] No.58). 27 Notice of the General Office of the Nan’an District Government on Regulating Rewards (Subsidies) for Resettlement (NDGO [2013] No.120) 133 In case of cash compensation, any affected household handing over or demolishing its house shall be granted a reward of 1,500 yuan/m2. Guidelines of the Nan’an District Government on the Disposal of Houses with Limited Property Rights (NDG [2012] No.105) 134 “Houses with limited property rights� are left-over residential houses built on rural collective land but not complying with the construction and sale provisions. 135 The Nan’an District Land and Resources Bureau shall be responsible for the demolition of houses with limited property rights, and compensation and resettlement therefor. Local sub- district offices or township governments shall be responsible for implementation. 136 The following conditions shall be met for the identification of a house with limited property rights: ⚫ Its construction was approved by the competent authority; ⚫ It is located on rural collective land allocated in a unified manner; ⚫ Relevant stipulated fees have been paid for it; ⚫ Relevant housing transaction formalities are available; ⚫ A certificate of house title and a certificate of the right to use collective land have been obtained. 137 If the lawful size of a demolished house is not more than 100 m2, the size of the resettlement house shall be equal to that of the demolished house; if it is over 100 m2, the excess size shall be paid for at a replacement cost. 138 The resettlement modes include cash compensation and property swap, where only one mode can be selected. 139 In case of cash compensation, if the lawful size of a demolished house is not more than 100 m2, the compensation rate shall be 3,000 yuan/m2, and the moving reward 2,000 yuan/m2, totaling 5,000 yuan/m2. 140 In case of property swap, if the lawful size of a demolished house is not more than 100 m2, the size of the resettlement house shall be equal to that of the demolished house, without compensation by the acquirer; if it is over 100 m2, the excess size shall be paid for at a replacement cost. 141 The moving subsidy shall be 700 yuan per time x twice = 1,400 yuan per household, and the moving subsidy shall be 900 yuan per month per household (no transition subsidy in case of cash compensation). 4.5 Bank Policy on Involuntary Resettlement 142 The Bank’s policy on involuntary resettlement has the following objectives: ➢ Involuntary resettlement should be avoided where feasible, or minimized, exploring all viable alternative project designs. ➢ Where it is not feasible to avoid resettlement, resettlement activities should be conceived and executed as sustainable development programs, providing sufficient investment resources to enable the persons displaced by the project to share in project benefits. 28 ➢ Displaced persons should be meaningfully consulted and should have opportunities to participate in planning and implementing resettlement programs. ➢ Displaced persons should be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher. 143 Considering that there are some gaps between the domestic resettlement policy and the Bank’s OP4.12, during the resettlement implementation stage, the PMO will adopt good practices and policy from the Bank on the basis of domestic laws. Table 4 Gaps between the PRC and Bank Policies PRC policy Bank policy Policy to be followed Goal Guarantee the construction project can Avoid or minimize As per the Bank’s policy be finished in time and effectively, involuntary resettlement as ensure social stability and harmony. far as possible; ensure living standard of project affected persons is not lower than before. Compensati 1. Land acquisition is generally 1. Replacement land shall As per the Bank’s policy on compensated by currency, be provided for population measures supplemented by employment depending on land as main assistance and social security. source of income in the case of land acquisition. 2. The following resettlement approaches are available to the 2. Affected people have their households affected by the demolition own right to choose mode of of rural residential houses: compensation. 1) Housing land + self-built houses. The project IA will offer housing land for relocation and conduct land leveling and constructing infrastructure for AHs. 2) Resettlement housing. When resettlement house is chosen as compensation mode, the location and type of resettlement house have been determined. 3. The following resettlement modes are available to households affected by the demolition of rural residential houses: 1) Cash compensation: based on market appraisal; 2) Property swap: Resettlement housing is offered by the owner. Calculation Take the market price of house that of The price shall be calculated Actual compensation is method of the same type and purpose at the based on estimated not less than compensatio same district as the compensated replacement cost, without replacement cost, and n fees price. considering depreciation. includes market price plus subsidies and rewards. Public Public participation system is not A complete and sound public A multi-layer, multi- 29 participation sound enough, public can only participation process should channel public participate in some phases of the be followed. participation mechanism project implementation. is established. Monitoring Internal management mechanism of Including internal monitoring Set up external and arrangement project IA and resettlement from the internal internal monitoring implementation agency conducts the management mechanism of systems as required by monitoring process. project IA and resettlement the Bank. implementation agency and external monitoring from the external independent monitoring unit. Grievance Set up specialized agency to accept Public can appeal through Set up grievance mechanism public grievance. multiple channels and ways, mechanism as required including community, sub- by the Bank. district, project IA, external monitoring agency, etc. 4.6 Resettlement Principles of the Subproject 144 According to the above policy framework, the resettlement principles of the Subproject are as follows: ➢ Measures should be taken to minimize negative impacts on the APs; ➢ Community suggestions that can improve the APs’ living standard and livelihoods should be adopted; ➢ Compensation and resettlement programs should improve the APs’ living standard or at least restore it to the pre-project level; ➢ The APs should be meaningfully consulted and should have opportunities to participate in planning and implementing resettlement programs; ➢ Affected properties shall be compensated for at a replacement cost; ➢ Land acquisition or house demolition should be conducted after compensation has been fully paid, and resettlement sites and subsidies offered; ➢ Identification of APs: The cut-off date for the identification of APs is the date of publication of the announcement of LA and HD. After this date, the APs should not build, rebuild or expand their properties; should not change the uses of their properties and land; should not lease their land, lease, sell or purchase their properties; and any person that moves in after this date should not qualify as an AP. 30 5. Compensation Standards 145 The compensation rates for different impacts of the Subproject have been fixed according to the above legal framework, and based on the practical situation of the subproject area. The compensation rates for LA and HD will be adjusted in practice, but will not be lower than those specified in this RAP. The cut-off date will be the date on which QDLRB publishes the LA and HD announcement. After this date, the APs should not build, rebuild or expand their houses, should not change the uses of their properties and land, and should not lease their land, lease, sell or purchase their houses. Any variation in physical quantity arising from any of the above acts will not be recognized. 5.1 Permanent Land Acquisition 146 According to the Land Administration Law of the PRC, Decision of the State Council on Deepening the Reform and Rigidly Enforcing Land Administration (SC [2004] No.28), Notice of the Chongqing Municipal Government on Further Adjusting Compensation Rates for Land Acquisition (CMG [2013] No.58), and Document NDG [2013] No.68, land acquisition compensation includes land compensation, resettlement subsidy, and fixed-rate compensation for young crops and ground attachments. Land compensation fees are calculated based on acquired land area regardless of land type. The fixed compensation covers the compensation for young crops and ground attachments on rural collective land (such as fruit trees, seedlings), but doesn’t cover ground structures. See Table 5-1. Table 5-1 Compensation Rates for Permanent LA Land compensation Resettlement subsidy Fixed compensation rate for young crops and ground (yuan/mu) (yuan per capita) attachments (yuan/mu) 18,000 38,000 22,000 147 In 2000, all villagers in Liuhulan Village were converted into urban status. Crops on farmland is for own use mainly, and agriculture is no longer a main income source, so LA has little impact on household income. All state-owned land involved in the Subproject will be transferred to the project owner, and the transfer cost will be included during the project feasibility study reporting. 5.2 Rural Residential Houses 148 The AHs may choose either cash compensation or property swap. 5.2.1. Cash compensation 1) Rates of house structure compensation 149 The HD compensation rates are 600 yuan/m2 for masonry concrete structure, 480 yuan/m2 for masonry timber structure, 390 yuan/m2 for masonry color steel structure, 360 yuan/m2 for earth wall structure and 120 yuan/m2 for simple structure. 2) Cash compensation subsidy 150 The Nan’an District LA Management Office will enter into a house compensation agreement with each AH, and pay cash compensation at 5,700 yuan/m2 for 30 m2 per capita at a time. 3) Reward 151 In case of cash compensation, any AH handing over or demolishing its house will be granted a reward of 1,500 yuan/m2. 4) Other subsidies 31 152 In case of cash compensation, a moving subsidy of 1,000 yuan per capita will be paid at a time. 153 Any AH moving within the specified time will receive the following moving subsidy twice: Household with 3 or less members: 700 yuan per time; Household with 4 or more members: 1,000 yuan per time. 154 Any AH moving within the specified time will receive a demolition subsidy of 60 yuan/m2. 155 Overall compensation for water supply, power supply, CCTV and other facilities will be paid at 2,000 yuan per household. 156 If any AH moving within the specified time is unable to demolish the house, or waives the residual value thereof voluntarily, a residual value subsidy will be paid at 20 yuan/m2 for masonry concrete structure, or 10 yuan/m2 for other structures. After payment, the residual value will be disposed of by the IA. 157 Based on the compensation rates, the price for cash compensation will be at least 7800yuan/m2, including compensation for structure (600Yuan/m2), cash compensation subsidy (5700yuan/m2) and reward (1500yuan/m2). Others, such as moving subsidy, demolition subsidy and residual value, are not included. According to a market survey to the second-hand house of Nan’an district in May 2018, houses with price between 7000~8000yuan/m2 are adequate in supplying. For example, price for house well decorated in Ma’nao Gardon in Houbao neighborhood is 7228yuan/2，price of Houbao Shiyan School is 6381yuan/m2, Houbao Shequ is 7746yuan/m2, and price of No.4 Huayuan Village is between 7125~8378yuan/m2. Therefore, according to the result of market survey, the price of cash compensation has met the requirement of replacement cost. 5.2.2. Property swap 1) Rates for house structure compensation 158 The HD compensation rates are 600 yuan/m2 for masonry concrete structure, 390-480 yuan/m2 for masonry timber structure, 330-360 yuan/m2 for earth wall structure and 100-120 yuan/m2 for simple structure. 2) Resettlement housing 159 The IA will offer resettlement housing, and resettle the affected persons according to the Land Acquisition Compensation and Resettlement Measures of Chongqing Municipality (Decree No.55 of the Chongqing Municipal Government), Notice of the Chongqing Municipal Government on Adjusting Land Acquisition Compensation and Resettlement Policies (CMG [2008] No.45), and Notice of the Chongqing Municipal Government on Further Adjusting Land Acquisition Compensation Rates (CMG [2013] No.58). 160 Each AH will select a resettlement house at 30 m2 of building area per capita. 3) Subsidies 161 Any AH moving within the specified time will receive the following moving subsidy twice: Household with 3 or less members: 700 yuan per time; Household with 4 or more members: 1,000 yuan per time. 162 Any AH moving within the specified time will receive a demolition subsidy of 60 yuan/m2. 163 Overall compensation for water supply, power supply, CCTV and other facilities will be paid at 2,000 yuan per household. 164 If any AH moving within the specified time is unable to demolish the house, or waives the residual value thereof voluntarily, a residual value subsidy will be paid at 20 yuan/m2 for masonry concrete structure, or 10 yuan/m2 for other structures. After payment, the residual value will be disposed of by the IA. 32 4) Transition subsidy 165 In case of property swap, an AH will receive a transition subsidy of 400 yuan per capita per month from the starting month of transition to the month following the resettlement notice. The subsidy will be adjusted with economic development and market fluctuation. According to a survey in the project area and also around the internet, the price of house rental in the project area is between 500-2000 Yuan/month depending on the structure, age and location. In average, there are 3-4 people for each AH, and thus, the transition subsidy for each AH will be 1500- 2000yuan/month, therefore, it is enough for the cost of transition. 166 In case of property swap, AHs can apply for purchasing resettlement housing at preferential prices, so this resettlement mode is sufficient for replacement. 167 See Table 5-2. Table 5-2 Compensation Rates for HD Item Structure Description Rate Unit Masonry Brick wall (board) with prefabricated roof 600 yuan/m2 concrete Brick wall (stone sheet) with tile roof 480 yuan/m2 Masonry timber Brick wall, asbestos tile roof (or felt, 420 yuan/m2 fiberglass tile) Overall house Brick wall (board) with prefabricated roof 390 yuan/m2 compensation Earth wall Earth wall with tile roof 360 yuan/m2 Asbestos or fiberglass tile roof 330 yuan/m2 Brick (stone, timber) columns, asbestos 120 yuan/m2 Simple tile roof (or felt, fiberglass tile) Shed 100 yuan/m2 Moving 3 members or less 700 yuan/HH * time subsidy 4 members or more 1,000 yuan/HH * time Demolition subsidy 60 yuan/m2 Overall compensation for water supply, power supply, Subsidies 2,000 yuan/HH CCTV and other facilities Reinforced concrete 30 yuan/m2 Residual value Masonry concrete 20 yuan/m2 subsidy Other 10 yuan/m2 Cash compensation (30 m2 per capita) 5,700 yuan/m2 For cash compensation Reward (30 m2 per capita) 1,500 yuan/m2 only Moving subsidy 1,000 yuan/HH For property yuan/capita * Transition subsidy 400 swap only month Note: the HH in the table refers to household with registered property right. One house with registered property right accounted as one household. 33 168 Based on overall calculation, this resettlement mode is sufficient for replacement. 5.3 Urban Residential Houses 169 Affected urban residential houses will be subject to either cash compensation or property swap. ⚫ Cash compensation: based on appraisal price by independent third party (the appraiser) ⚫ Property swap: The size of the resettlement house is equal to that of the acquired house in principle, and any price difference will be paid for. 170 The appraiser is an independent agency which will follow the associated business rules and accept monitoring of the government bureaus, e.g. the Price Bureau. According to the Evaluation Measures for House Acquisition on State-owned Land (Decree 77 (2011) of Jianfang), the time for the appraisers to evaluate the house asset should be the date of disclosure of House Acquisition Approval (Article 10). The appraisers should evaluate the market price of the acquiring houses (Article 2). The appraiser should consider the elements of house location, usages, structures, ages of year, size of both house and land and land rights during the operation of evaluation (Article 14). The result of evaluation will be disclosed to the public. During the disclosure, the appraisers should be placed to the sites and accept queries from people if any. Once any mistakes identified, the appraisers should revise the evaluation reports (Article 16). The affected households can apply for verification to the evaluation result as long as any objections raised by APs in ten days after the evaluation result disclosed (Article 20). Once received the verification application, the appraisers should assign a professional team with at least three experts, including at least half of members with appraisal licenses, to verify the result (Article 24). The verification team should assess the appraisal process, regulations of reference and methodologies used in the operation. As result, a verification report will be issued to show the result of professional review. If the original result were remained, a technical explanation will be specified in detail; if the original result were identified as wrong, new assessment report would be issued (Article 25). 171 The agency will also accept audit every year. Poor performance may result to punishment. For example, lose the license for some period in asset value appraisal market. The appraiser is licensed and put into the market pool by market management department. When the resettlement project approved by associated government, the IAs will normally recommend several appraisers for the AHs to select.The AHs can either select the appraiser from the recommended list, or select others in the licensed pool. Once the appraiser nailed, it normally provides a appraisal report to the AHs and the local authorities after appraisal. The authorities can use the price of appraised when there is no objection, or not use it. But most of the time, the authorities would use the price in line with the appraisal report when no big objection. Otherwise, re-appraisal can be applied. 172 All urban residential houses affected by the Subproject are affected by Longhuang Road, and located in the Longdongtian area of Shanghao Community, Longmenhao Sub-district. See Table 5-3. 173 If the sharing factor of the acquired house is not more than 15%, the size of the resettlement house will be calculated at 15%; if such factor is over 15%, the actual size will be applied. 174 In case of property swap, if the sharing factor of the resettlement house is over 15%, the shared size for the excess size will be purchased by the acquirer; if such factor is not more than 15%, the actual size will be applied. 175 Reward for agreement signing within the specified time: If the original use of the acquired house is residence and the AH enters into an agreement within the specified time, a one-off reward of 1,500 yuan/m2 of building area will be granted in case of cash compensation, or 1,000 yuan/m2 of building area in case of property swap. 176 Subsidy for unregistered illegal building: not more than 40% of the appraised value for the same structure for mixed buildings used as residence, or not more than 1,800 yuan/m2 for masonry 34 concrete structure, not more than 1,200 yuan/m2 for masonry timber structure or not more than 800 yuan/m2 for simple structure buildings used for other purposes 177 See Table 5-4. Table 5-3 Pre-appraised Prices for Urban Residential Houses in the Longdongtian Area Pre-appraised No. Purpose Age Structure In set? Unit price 1 Masonry concrete In set yuan/m2 7,700 1990s 2 Masonry concrete Not in set yuan/m2 7,620 3 In set yuan/m2 7,550 Masonry concrete 4 1980s and Not in set yuan/m2 7,480 5 before Masonry timber yuan/m2 7,380 6 Simple yuan/m2 7,270 7 Separate water meter yuan each 600 8 Separate kilowatt-hour meter yuan each 660 9 CCTV yuan each 525 10 Natural gas yuan per HH 3,000 Demolished 11 attachments6 Telephone yuan each 158 Reimbursed with 12 Digital TV / invoice Reimbursed with 13 Broadband / invoice 14 House decoration / Consultation 15 Other Structures Retaining walls, pools yuan/m2 400 attachments and Enclosing walls, parterres, 16 attachments yuan/m2 300 courtyards Note: the rates listed in the table was sourced from a recent implemented resettlement in the project area. The data here is used for budget estimate and assessment reference only. The actual rates for the project will be decided by market evaluation at the time of resettlement implementation. Table 5-4 Subsidies for Urban Residential Houses and Compensation Rates for Attachments No. Item Rate Residential 1,000 yuan/HH * time 1 Moving subsidy Non- 30 yuan/m2 * time for commercial, office and business residential properties, 40 yuan/m 2 * time for production properties 40 yuan/HH * day for residential houses, 20 yuan/m 2 * day for 2 Reward for early agreement signing non-residential properties 6 In case of attachment demolition, only AHs choosing cash compensation will receive compensation. In case of property swap, existing natural gas pipelines, CCTV and other attachments will be restored by the IA without compensation. 35 Residential 30,000 yuan/HH. For the cash compensation mode only Cash compensation 5% of the value of the 3 Non- acquired house, not less For a mixed property, the subsidy is subsidy residential than 20,000 yuan based on the higher rate, and paid at a time. 1) Separate water and kilowatt-hour meters will be demolished by the AH itself, and fully compensated for at a time. Compensation for 2) In case of property swap, existing natural gas, CCTV and other facilities will be 4 water, electricity, restored by the acquirer without compensation. natural gas, etc. 3) In case of cash compensation, existing natural gas, CCTV and other facilities will be compensated for at the prevailing rates. In case of property swap, a transition subsidy will be granted at the rate fixed by 5 Transition subsidy the district government. 178 Based on overall calculation, this resettlement mode is fully sufficient for replacement. 5.4 Urban Non-residential Properties 179 House compensation: based on appraisal price as the same practice as urban residential properties. 180 Compensation for losses from production or business suspension will be 6% of the appraised value paid at a time in case of cash compensation; 5‰ of the appraised value per month in case of property swap for the actual transition period, plus 5‰ from the month of extension of the transition period. If the entity or individual dealing with production or doing business is not the proprietor, such compensation will be distributed between them through consultation. 181 As indicated, the appraiser will evaluate the properties based on the actual realities and the market price independently and then, get the compensation amount for production or business suspension. In case unacceptable for the property owners, he/she is able to ask for re- calculating the compensation for business loss in accordance with one of the other three forms, if he/she is not satisfied with the price defined as the methodology above: 1. on the basis of tax payment; 2. independent evaluation; and 3. negotiation. 182 Reward for agreement signing within the specified time: If the original use of the acquired house is business and the proprietor enters into an agreement within the specified time, a one-time reward of 1,500 yuan/m2 of building area will be granted in case of cash compensation, or 1,000 yuan/m2 of building area in case of property swap. 183 Subsidy for unregistered building used for business: no more than 2,000 yuan/m2 for loss of operation suspension will be paid to those who take doing business in unregistered building as main income source 184 All urban non-residential properties affected by the Subproject are affected by Tushan Branch Road, and located in the same plot as the Chongqing Medical Technical School Plot Slum Reconstruction Project (implemented in 2017) in Luozibao Community, Tushan Town. Therefore, the compensation under the Subproject is estimated based on the pre-appraised price for Chongqing Medical Technical School for the moment. And it will be updated according to the appraised price at the implementation stage. See Table 5-5. 36 Table 5-5 Pre-appraised Prices for Urban Non-residential Properties in the Chongqing Medical Technical School Area Appraised price No. Purpose Age Structure Remarks (yuan) 1 Masonry concrete 8,730 2 Office / Masonry timber 7,590 3 Simple 7,450 Estimated at the pre- Stores at the first appraised price for 4 1990s Masonry concrete 18,900 floor Chongqing Medical Technical School 185 Based on overall calculation, this resettlement mode is fully sufficient for replacement. 5.5 Houses with Limited Property Rights 186 “Houses with limited property rights� are legacy issue in terms of residential houses built on rural collective land but not fully complying with the construction and sale provisions, although they were registered as rural residential housing. According to the resettlement IA, the rates of these houses had considered the overall situation, such as the replacement cost of the structure, the year age of the houses and the living conditions etc. Since the land would be acquired and compensated separately, compensation for land would not be reflected in the price of the house, and thus, the prices between houses with fully legal license and limited rights look different.Therefore, neither compensation standards for rural residential houses on collective land nor compensation for residential houses on state-owned land applicable for them. Based on the facts and putting people first, the disposal principles and reference rates are set as follows: 1) Residential houses 187 “Houses with limited property rights� will be subject to either cash compensation or property swap. According to the survey, all 13 AHs have chosen property swap. 188 In case of property swap, if the size of a demolished house is not more than 100 m 2 (including 100m2), the size of the resettlement house will be equal to that of the demolished house; if it is over 100 m2, the excess size will be paid for at a replacement cost based on appraisal price. 189 In case of cash compensation, the compensation will cover the full cost of house structure based on market price evaluation, moving reward and moving subsidy, while value of land will not be considered since it had been compensated during the land acquisition in 2012. 190 The moving subsidy will be 700 yuan per time * twice = 1,400 yuan per household 191 The moving subsidy will be 900 yuan per month per household (no transition subsidy in case of cash compensation). 192 Table 5-7: Table 5-6 Compensation Rates for Houses with Limited Property Rights Resettlement Scope of Purpose Type of compensation Unit Rate mode compensation Residential Full house size HD compensation yuan/m2 37 5000m2 (based Cash Moving reward yuan/m2 on the market compensation price) Moving subsidy yuan/HH * time 700 Size of not more Equal size swap Equal size resettlement house than 100 m2 Compensation for excess Replacement yuan/m2 Property Swap size cost Size in excess of yuan/HH * Transition subsidy 900 100 m2 month / Moving subsidy yuan/HH * time 700 Compensation for store / yuan/15 m2 30,000 Non- Cash relocation losses residential compensation Moving subsidy for Floor / yuan/room 200,000 1 store Note:1. According to the interview with the Lianhua Village, the land of the area of house with limited property rights were acquired in 2012. It was verified with LA documents. 2. the rates in the table was sourced from a experienced project for house with limited property rights in 2016. The rates for the World Bank project will be adjusted on the basis of market price. 3. the HH in the table refers to household with registered property right. One house with registered property right accounted as one household. 193 According to an experienced resettlement related to houses with limited property rights in 2016, the total of cash compensation was 5000yuan/m2(excluding the land compensation), and the rate will be adjusted on the basis of market price when the resettlement starts. The market price of second-hand houses between 4500yuan/m2~6000yuan/m2 was enough in supply in Nan’an around 2016. The cash compensation was enough for affected households to replace. 2) Non-residential properties 194 All stores affected by the Subproject are affected by Longhuang Road, all located on Floor 1 of houses with limited property rights, some are self-run and some leased. The affected stores will be subject to cash compensation at the same rates at those for rural residential houses. 195 In addition to house compensation, an income loss subsidy of 200,000 yuan/shopfront and a relocation subsidy of 30,000 yuan per 15 m2 will be paid for stores at the first floor. 5.6 Ground Attachments , Young Crops and Infrastructure 196 Young crops and ground attachments will be compensated for at a fixed rate of 22,000 yuan per mu, which is sufficient for replacement. 197 The affected infrastructure will be compensated for at appraised price. For non-structural infrastructure, the compensation shall be negotiated between land acquisition implementation agency or road construction unit and the infrastructure owner. 38 6. Production and Livelihood Restoration Programs 6.1 Restoration Program for Permanent Land Acquisition 6.1.1. Appraisal of Lost Income 198 Permanent land acquisition involves Liujiagang Group of Liuhulan Village, Tushan Town, and the 14.2 mu of acquired is all remaining cultivated land of this group, but the AHs will suffer minor income losses, because: ⚫ The acquired land is scattered hilly land, used to grow vegetables for own use only; ⚫ All villagers in Liujiagang Group of Liuhulan Village were converted into urban status in 2000, and have been covered by endowment insurance for urban residents. ⚫ Liuhulan Village is surrounded by the urban area on 3 sides, and the main income source of the AHs is employment. 6.1.2. Income Restoration Program 199 LA compensation includes land compensation (18,000 yuan/mu in Tushan Town), resettlement subsidy, and fixed-rate compensation for young crops and ground attachments (excluding ground structures). Land compensation fees are based on acquired land area regardless of land type. Young crops and ground attachments will be compensated for at a fixed rate. Land compensation will be distributed as resolved at the group congress. 200 All villagers in Liujiagang Group were converted into urban status in 2000, and all APs aged 16 years or above have been covered by endowment insurance for urban residents. 6.1.3. Employment Services for the APs 201 In order to improve the production level and living standard of the APs, the local competent authorities offer a series of employment promotion policies, including labor skills training and employment assistance. Because the door-to-door survey hasn’t been conducted yet, the needs of APs can’t be captured currently. The RAP describes potential trainings and employment services according to government interviews. More specified survey on APs’ needs will be taken after the project plan announcement and employment guide and training will be provided through negotiation with the project owner and relevant agencies. 1) Labor skills training 202 During project implementation, NDG will appoint a specified agency to organize various skills trainings. APs are encouraged to attend the trainings to get more employment opportunities. There are two ways of employment service: 203 Training subsidy: The government will grant training subsidies to AHs receiving certificates of occupational qualifications or skills. See Table 6-1. 204 Employment training: Trainings organized by relevant government agency or government appointed training agency for APs. Such training includes computer operation, 2D design, accounting computerization, electric repair, cooking, housekeeping, etc. All such training is free. Qualified trainees will receive certificates and be recommended by training agencies. See Table 6-2. Table 6-1 Training Subsidies Offered by the Local Government Authority Scope of training Trainees District Employment skills and household service training: Children of local poor employment households, fresh college 100% of the subsidy rate for a primary vocational qualification graduates, senior high and talent or grade certificate, or 80% for a special vocational skills service school graduates, certificate, where the subsidy rate is 120%, 100% and 80% of reemployed rural laborers, bureau training costs for very scarce, scarce and ordinary types of work registered unemployed 39 Each trainee can receive a training subsidy once per annum, urban residents and a training subsidy for the same type of work and grade once throughout the life only. District Skills development training for in-service enterprise In-service enterprise employment employees: employees with one-year or and talent above labor contracts and 50% of training costs for a primary or above vocational covered by social insurance service qualification or grade certificate, or a special vocational skills bureau (incl. non-local) certificate Sub-district / Employment adaptation training: Farmers converted into township labor urban status, registered and social Not more than 2 days, not less than 20 trainees per class, unemployed urban residents security subsidy rate 100 yuan per capita per day aged above 45 years, centers reemployed rural laborers 2) Employment assistance and unemployment insurance 205 The government offers public welfare jobs to residents with employment difficulty to promote their employment, and social insurance subsidies to residents with employment difficulty and MLS residents to reduce their financial pressure. In addition, free employment services are available to unemployed APs, such as employment opportunities and policies. And Nan’an Labor Market promised to provide at least three employment opportunities for each of those with job hunting difficulties in order to meet a two-way choice between job hunters and employers. Table 6-2 Employment Services Offered by the Local Government Authority Program Details Public welfare jobs such as cleaning, attendance, parking charging and Placement to support for old people are offered to residents with employment difficulty public welfare with pays not less than the local minimum wage standard. MLS residents jobs can also receive an employment subsidy of 300 yuan per month. Urban MLS residents having received MLS subsidies for 6 or more District Subsidy for consecutive months, and being able to work may apply for a subsidy for employment MLS MLS employment, which will be paid for not more than 36 months and talent employment cumulatively. service bureau An organization employing recruiting a resident with employment difficulty Subsidy for and covering social insurance for them will receive a subsidy for basic employing endowment, basic medical and unemployment insurance premiums paid for residents with such resident, excluding individual contributions paid by such resident. Such employment subsidy should not exceed 2/3 of its actual contribution of such organization, difficulty and should be paid for not more than 3 years in principle. Free A special service window will be set up to provide one-stop employment Public employment services to the unemployed, including job referral, career planning, policy service services consulting, unemployment registration, etc. agencies 3-job The Nan’an District Labor Market will offer 3 jobs to each unemployed selection resident who is willing to get employed locally at its option. 206 An AP having registered for urban unemployment may apply for an unemployment insurance subsidy from the following month. In addition, APs starting up businesses independently may be entitled to preferential measures. 40 3) Startup and employment policy for women 207 The Nan’an District Women’s Federation will provide reemployment services to local women, and one-year interest-free loans to eligible women starting up businesses. In addition, free training will be offered once a month to all unemployed local women. 6.2 Resettlement Program for Demolished Rural Residential Houses 208 The resettlement modes include cash compensation and property swap. According to the survey, most AHs prefer property swap. Table 6-3 Resettlement Program for Demolished Rural Residential Houses Cash compensation Property swap √ √ 6.2.1. Cash Compensation 209 In case of cash compensation, the Nan’an District LA Management Office will enter into a house compensation agreement with the AH, and settle compensation at a time. Except for structural compensation, the HD cash compensation subsidy of Tushan Town is 5,700 yuan/m2 per capita, and the moving reward 1,500 yuan/m2 per capita, totaling 7,200 yuan/m2 per capita, with a resettlement house size of 30 m2 per capita. If a 10-member family has a 300 m2 house, a 25 m2 attachment in masonry timber structure and a 50 m2 masonry color steel shed, it will receive overall house compensation of 211,500 yuan, and cash compensation of 2,160,000 yuan, totaling 2,371,500 yuan, which is sufficient to buy a 272 m2 secondhand commercial house (based on secondhand house prices of 8,700-10,000 yuan/m2 in Tushan Town in December 2017). In addition, the location, layout and supporting facilities of the new house will be much better. 6.2.2. Property Swap 210 In case of property swap, the Nan’an District LA Management Office will enter into a property swap agreement with the AH, with a resettlement house size of 15-30 m2 per capita. The resettlement community is Jiangnan Xiangjun, which has been completed, and has several layouts, including one living room and one bedroom, one living room and two bedrooms, and one living room and 3 bedrooms. If a 3-member family has a 100 m2 house in masonry concrete structure, it will receive a 90 m2 resettlement house. 211 Jiangnan Xiangjun in located in Nanping Town, enjoys a good environment, an advantaged location and low population density, and is surrounded by commercial facilities(about 1500m from Nanping commercial area) subway stations(1000m from Sigongli station and 750m from Luojiaba station which is under construction), schools(3 kindergartens, 2 primary schools and 2middle schools), 4 hospitals, over 10 various shopping malls, super markets, stores and 2 food markets etc. 212 See Figure 6-1. 41 Figure 6-1 Jiangnan Xiangjun (Resettlement Community) 213 Since the resettlement community has been completed, the AHs can move into it after entering into an agreement, so no transition subsidy will be paid. 6.3 Resettlement Program for Demolished Urban Residential Houses 214 The resettlement modes include cash compensation and property swap. According to the survey, most AHs prefer property swap. 215 Demolished urban residential houses will be appraised by a qualified appraisal agency selected by the acquirer and the AHs through consultation. Table 6-4 Resettlement Program for Demolished Urban Residential Houses Cash compensation Property swap √ √ 6.3.1. Cash Compensation 216 In case of cash compensation, the Haitangxi Housing Administration Office will enter into a cash compensation agreement with the AH, and settle compensation at a time. The compensation rate will be fixed through appraisal. In the slum reconstruction of the nearby Longdongtian area in 2016, the compensation rate for a masonry concrete residential house completed in the 1980s was 7,480 yuan/m2. A family in Shanghao Community with a 100 m2 residential house will receive house compensation of 748,000 yuan, rewards of about 100,000 yuan, and compensation for attachments and decoration of about 80,000, totaling 928,000 yuan, which is sufficient to buy a 92.8-109 m2 secondhand house (based on secondhand house prices of 8,500-10,000 yuan/m2 in Longmenhao Sub-district). 6.3.2. Property Swap 217 In case of property swap, the Haitangxi Housing Administration Office will enter into a property swap agreement with the AH, and settle the price difference between the former house and the resettlement house. The value of the former house will be fixed through appraisal. In the slum reconstruction of the nearby Longdongtian area in 2016, the compensation rate for a masonry concrete residential house completed in the 1980s was 7,480 yuan/m2. A family in Shanghao Community with a 100 m2 residential house will receive house compensation of 748,000 yuan and rewards of about 200,000 yuan, totaling 948,000 yuan, and obtain a 158 m2 resettlement house (6,000 yuan/m2). 218 The acquirer will offer resettlement housing. Since the resettlement community has been completed, the AHs can move into it after entering into an agreement. 42 6.4 Resettlement Program for Demolished Non-residential Properties on State- owned Land 219 The Subproject will affect one non-residential property on state-owned land (office building of TTG), within the range of Tushan Branch Road. It will be compensated for through appraisal, and rebuilt by NDG. 6.5 Resettlement Program for Houses with Limited Property Rights 6.5.1. Residential houses 220 The resettlement modes include cash compensation and property swap. According to the survey, all AHs prefer property swap. Table 6-5 Resettlement Program for Demolished Rural Residential Houses Cash compensation Property swap √ √ 1) Cash compensation 221 In case of cash compensation, TTG will enter into a cash compensation agreement with the AH, and settle compensation at a time. NDG has fixed special rates for houses with limited property rights. According to the resettlement IA, the fixed rates had considered the overall situation, such as the replacement cost of the structure, the year age of the houses and the living conditions etc. Since the land will be acquired and compensated separately, compensation for land will not be reflected in the price of the house, and thus, the prices between houses with fully legal license and limited rights look different. 222 If the size of the house is not more than 100 m2, it will be compensated for at 3,000 yuan/m2, with rewards and subsidies of 2,000 yuan/m2, totaling 5,000 yuan/m2. Any size in excess of 100 m2 will be compensated for at a replacement cost. If a family has a 200 m 2 residential house with limited property rights, it will receive house compensation of 600,000 yuan, and rewards and subsidies of 80,000 yuan, totaling 680,000 yuan, which is sufficient to buy an 80 m 2 secondhand commercial house (based on the average price of nearby secondhand house of 8,500 yuan/m2). In addition, the location, layout and supporting facilities of the new house will be much better, and the rental rate will be higher, so total rental will be almost the same. 2) Property swap 223 In case of property swap, the AH will receive a resettlement house of not more than 100 m2. Any size in excess of 100 m2 will be compensated for at a replacement cost. If a family has a 200 m2 residential house with limited property rights, it will receive a resettlement house of 100 m2, and compensation of about 100,000 yuan. Although the resettlement house is smaller than previous one, the location, transportation and living environment are better and rental is higher as well. 224 The acquirer will offer resettlement housing. Since the resettlement community has been completed, the AHs can move into it after entering into an agreement. 6.5.2. Non-residential properties 225 All the 13 stores affected by the Subproject are affected by Longhuang Road, all being properties with limited property rights in Guihuayuan Group. In case of cash compensation, TTG will enter into cash compensation agreements with the proprietors, and settle compensation at a time. 226 NDG has fixed special rates for non-residential properties with limited property rights: 227 Property swap: House compensation will be based on the same rates as those for residential houses. Each roadside store will be receive compensation of 200,000 yuan, and a relocation 43 subsidy of 30,000 yuan per 15 m2. A proprietor with 3 stores with a total size of 99 m2 will receive 810,000 yuan. 228 Compensation for any tenant will be based on the following principles: 1) The tenant will be notified to move in advance, and given sufficient time to find a suitable place of business. 2) If the tenant will continue to operate, the owner or TTG will assist it in finding a suitable place of business. 3) Compensation and subsidies will be distributed between the proprietor and the tenant through consultation, or by reference to the applicable law. 6.6 Resettlement Program for Affected Ground Attachments 229 The ground attachments affected by the Subproject mainly include young crops, scattered trees and ground structures. Young crops and ground attachments on land other than housing land will be compensated for at a fixed rate of 22,000 yuan/mu, and ground structures will be compensated for at market price. 6.7 Resettlement Program for Affected Infrastructure 230 The infrastructure affected by the Subproject includes street trees, streetlamps, power transmission lines, telegraph poles, water delivery pipelines, waste transfer stations, etc., and will be compensated through consultation between the acquirer and proprietors. 44 7. Public Participation and Consultation 231 According to the policies and regulations of the state, Chongqing Municipality and the Bank on LA, HD and resettlement, great importance will be attached to the participation of and consultation with the APs at the resettlement policy-making, planning and implementation stages in order to protect the lawful rights and interests of APs and entities, reduce grievances and disputes, and realize the resettlement objectives properly by developing sound policies and implementation rules on displacement and resettlement, preparing an effective RAP, and organizing implementation properly. 7.1 Means of and Measures for Public Participation 7.1.1. Means of Participation 232 The means of public participation at different stages are as follows: ➢ Before the survey, terms of reference were prepared to specify the scope, methods and requirements of survey, listen to comments of local governments, and had local governments assign representatives to the survey team. ➢ During the general survey, town, village and group heads, and AP representatives were invited to participate, the necessity, benefits and impacts of the Subproject, principles for compensation and resettlement progress were communicated to them, and the survey team discussed possible resettlement sites with them. ➢ At the RAP preparation stage, the resettlement planning staff discussed with county and town leaders, listened to their comments, requirements and issues, and selected resettlement sites. ➢ During the field survey, local residents and staff of departments concerned were involved in site selection. ➢ On 9th May 2018, the draft RAP, RPFand SIA were disclosed on a public website () 233 These consultation activities will be meaningful for the successful implementation of the RAP. 234 At the preparation stage, many public participation activities were conducted in such forms of meeting, FGD and interview, including 6 men-times of interviews with the owner and government departments, 4 men-times of interviews with community officials, and a survey on 3 AHs. 235 On the basis of effectiveness and feasibility, public participation activities were conducted in the following manners: 1) FGD 236 FGDs covering all affected population were organized at the village groups, including ordinary residents affected by LA and HD, old people, women and other special groups. 2) Structured questionnaire survey 237 At the preparation and design stages of the Subproject, a structured questionnaire was designed to fully understand the expected resettlement modes of the affected population. 3) Discussion meeting and personal interview 238 Depending on public participation activity, discussion meetings and personal interviews were organized to collect relevant information. 7.1.2. Measures for Participation and Consultation 239 Public participation and consultation activities were conducted in the form of discussion meeting and sampling willingness survey to explain the purpose, scope and importance of the Subproject, and discuss resettlement programs with AP representatives. Through the survey, 45 public opinions will be well considered, and incorporated into house reconstruction and production resettlement programs as where possible without breach of the overall plan so as to satisfy the APs. 240 At the resettlement implementation stage, the above two forms will be still used to collect resettlement information, investigate expectations of the APs, and further improve resettlement programs. In addition, the APs may reflect grievances, comments and suggestions to village committees, resettlement agencies and M&E agencies, which will be handled according to the established procedures. 241 In order that the APs and the affected local governments are fully aware of the RAP, and the compensation and resettlement programs under the Subproject, the state laws and regulations on resettlement, and the Bank’s policy on involuntary resettlement through public participation (in the form of discussion meeting, etc.) or local news media (e.g., website) to the APs from the beginning of the Subproject to the whole process of resettlement implementation, so that the APs know the compensation calculation method, compensation measures of physical indicators, resettlement measures, the disbursement and use of resettlement funds, and the rights and preferential policies to which they are entitled. Resettlement information will also be disclosed to the residents of the resettlement communities, so that they know information on LA, land compensation rates and fund uses. This will increase the transparency of the resettlement work, win the support of the APs for resettlement and ensure the successful completion of resettlement. 7.2 Public Participation Activities at the Preparation Stage 242 At the preparation stage, the following public participation and consultation activities were held to provide a basis for subproject design and implementation: ➢ FGD with the owner: learning the background, scale and impacts of the Subproject ➢ FGDs with community officials: learning local socioeconomic profile, expectations for the Subproject, comments and suggestions on LA compensation and resettlement, etc. ➢ Government interviews: Heads of the district development and reform bureau, land and resources bureau, labor and social security bureau, and statistics bureau were interviewed, acquiring some information and policies related to the Subproject, and learning their comments and suggestions on the Subproject. See Table 7-1. Table 7-1 Public Participation Activities at the Preparation Stage Item Mode Time Participants Topic Nov. – Nan’an District Construction Learning background Interviews with Intervie Dec. Commission, Nan’an District Tunnel information of the Subproject owner w 2017 Construction Office Interviews with Nov. – Learning the socioeconomic Two officials of Tushan Town and sub-district Meeting Dec. profile of the subproject area Longmenhao Sub-district officials 2017 FGD in Learning the AHs’ population, Nov. – Shanghao and employment and income Meeting Dec. 3 community workers Luozibao 2017 Communities 8 officials of the Nan’an District LA Learning their functions, LA Nov. – Management Office, Haitangxi Housing and HD policies, rates, FGD with IAs Meeting Dec. Administration Office and Danzishi resettlement programs, 2017 Housing Administration Office organizational and staffing 46 arrangements, etc. Learning the local 12 staff members of the district development plan, Government Intervie Dec. development and reform commission, employment and training interviews w 2017 labor and social security bureau, policies, and supporting women’s federation, etc. policies for vulnerable groups The RAP is disclosed to Chongqing PMO receive comments and advice RAP Hualong 11 May Nan’an DRC from public. disclosure website 2018 Contacts of consultants were People who are relevant or interest to the project disclosed for query from public, if any 243 The APs are concerned about the payment of compensation and the construction of resettlement housing. They expect compensation to be paid timely and fully, and resettlement housing to be well located and supported. The Nan’an District LA Management Office, Haitangxi Housing Administration Office and TTG promise to publicize the whole process of land acquisition and house demolition and contact information of implementation agency. All compensation fund has been prepared in place and can be paid to the APs timely once agreement signed and house handed-over. 7.3 Public Participation Plan for the Next Stage 244 With the progress of project preparation and implementation, the Nan’an PMO will conduct further public participation. See Table 7-2. Table 7-2 Public Participation Plan for the Implementation Stage Time Tushan Longh Particip Purpose Mode Agencies Topic Branch uang ants Road Road Nan’an District LA RIB distribution Management Office / All RIB Distribution 2018/7 2019/2 Haitangxi Housing APs Administration Office / TTG Village Disclosure of LA Nan’an District LA bulletin area, compensation LA Management Office / All board, 2018/7 2019/3 rates and announcement Haitangxi Housing APs village resettlement modes, Administration Office / TTG meeting etc. Announcement Village Compensation and Nan’an District LA of compensation bulletin mode of payment Management Office / All and board, 2018/8 2019/3 Haitangxi Housing APs resettlement village Administration Office / TTG program for LA meeting Determination of Village Nan’an District LA Discussing final income meeting 2018/8 2019/3 Management Office / All compensation restoration (many -12 -6 Haitangxi Housing APs programs, and program, and times) Administration Office / TTG selecting an selection of 47 appraisal appraisal agency agency Owner, construction agency, Income restoration, Public Village Nan’an District LA house construction, participation meeting, 2019/1 2019/7 All Management Office / compensation for during interview, - end - end APs Haitangxi Housing temporary impacts, construction etc. Administration Office / TTG etc. 7.4 Women’s Participation 245 The implementing agencies and the local governments have attached special importance to the role of women in resettlement implementation, and cared about their personal and household needs from the beginning of the Subproject. 246 In the subproject area, women enjoy the same rights and status as men, and play a crucial role in economic activities and housework, especially in rural areas, where most women stay at home. Except family responsibility, women play a crucial role in farming and nonagricultural operations. Therefore, in the subproject area, women even show greater enthusiasm about the Subproject than men. They not only participate actively in all stages of resettlement, but also play an outstanding role in the consultation about resettlement sites and modes. All women support the Subproject. 247 At the preparation stage, women were actively involved. During interviews, women expressed their opinions and requirements actively. 248 In addition, the IAs and local governments will pay more attention to women’s participation during implementation. Priority will be given to women during resettlement, especially in livelihood restoration and project construction activities, to provide them with more job opportunities and relevant skills training. 48 8. Grievance Redress Procedures 249 During LA, HD and resettlement, the following measures shall be taken to reduce grievances and appeals: 1) The implementing agencies and the local governments will give extensive publicity to the LA, HD and resettlement policies in such forms as meeting, discussion and door- to-door survey so that the APs can understand the LA, HD and resettlement policies and principles, and compensation rates; 2) Disclose information on LA and HD losses, resettlement agreements, compensation fee disbursement, the construction progress of resettlement housing, and the resettlement agencies through mass media and bulletin boards to accept public supervision; 3) Strengthen communication and consultation with the APs. The implementing agencies and the local governments will listen to the APs’ comments and requirements carefully, conduct honest communication and consultation with them, help them solve difficulties and problems encountered during resettlement, and meet their reasonable requirements where possible. 250 During preparation and implementation of the RAP, consistent attention will be paid to the participation of the APs and the affected entities, and an appeal mechanism established. If any AP is dissatisfied with any compensation arrangement or thinks that he/she is treated unfairly or unreasonably during resettlement, he/she may seek a solution through the appropriate procedure. 8.1 Grievance Redress during LA and HD 251 Since the resettlement work is conducted with the participation of APs, no substantial dispute will arise. However, to ensure that APs have a channel to file an appeal on any issue concerning land acquisition and resettlement, a grievance redress mechanism has been established respectively for different type of LA and HD during the preparation and implementation the RAP: 8.1.1. Appeal procedure for the acquisition of rural collective land and HD (including houses with limited property rights) 252 This procedure has 5 stages: Stage 1: If an AP is dissatisfied with LA/HD compensation and resettlement, he/she may file an appeal to the Nan’an District LA Management Office or Tushan Town Construction Management Office, which should make a disposition within two weeks. Stage 2: If the AP is dissatisfied with the disposition of Stage 1, he/she may file an appeal to the town government (sub-district office), which should make a disposition within two weeks. Stage 3: If the AP is dissatisfied with the disposition of Stage 2, he/she may file an appeal to the Nan’an District Land and Resources Bureau or Nan’an District Complaint Visit Reception Center orally or in writing. In case of an oral appeal, the accepting agency should handle such appeal and keep written records. Such appeal should be solved within two weeks. Stage 4: If the AP is still dissatisfied with the disposition of Stage 3, he/she may file an appeal to the Nan’an District Housing Administration Bureau after receiving such disposition for arbitration, which shall make an arbitration award within 4 weeks. Stage 5: If the AP is still dissatisfied with the arbitration award of Stage 4, he/she may file a suit in a civil court in accordance with the Administrative Procedure Law of the PRC after receiving such judgment. 8.1.2. Appeal procedure for house acquisition on state-owned land Stage 1: If an AP is dissatisfied with the appraised price of its house or in any other aspects, he/she may file an appeal to the Haitangxi Housing Administration Office or Danzishi Housing Administration Office, which shall explain the appraisal result together with the 49 appraisal agency within two weeks. If the AP does not accept the appraisal result, he/she may apply for reappraisal; if he/she is dissatisfied in any other aspects, the housing administration office should give a reply within two weeks. Stage 2: If the AP has an objection to the reappraisal result in Stage 1, he/she may apply for identification with the Chongqing Real Estate Appraisal Expert Committee, which should make a disposition within 4 weeks. If the AP is dissatisfied in any other aspect, he/she may file an appeal to the Nan’an District Housing Administration Bureau orally or in writing. In case of an oral appeal, the accepting agency should handle such appeal and keep written records. Such appeal should be solved within two weeks. Stage 3: If the AP is still dissatisfied with the disposition of Stage 2, he/she may file an appeal to the Nan’an District Housing Administration Bureau after receiving such disposition for arbitration, which shall make an arbitration award within 4 weeks. Stage 4: If the AP is still dissatisfied with the arbitration award of Stage 3, he/she may file a suit in a civil court in accordance with the Administrative Procedure Law of the PRC after receiving such judgment. 253 Except for the ways of grievance appealing described above in resettlement of both rural and urban area, the APs can also be able to submit grievances to the local authorities (township government/sub-district government or higher level) and PMO during construction. The local authorities and PMO will develop a system for documenting and tracking complaints raised by the APs of the project. All grievance will be reviewed by the resettlement monitoring agency during the project monitoring period. 254 The APs may file an appeal about any aspects of resettlement, including compensation rates, etc. The above appeal channel will be notified to the APs at a meeting or otherwise, so that the APs are fully aware of their right of appeal. Mass media will be utilized for publicity, and opinions and advice about resettlement will be compiled into messages for study and disposition by the resettlement agencies. All agencies will accept grievances and appeals from the APs for free, and costs so reasonably incurred will be disbursed from contingencies. The local PMO and the resettlement implementation agency will be required to document the grievances collected through any channels as part of their routine work during the implementation phase. The grievance collected will also one of the key indicators for internal and external monitoring and evaluation. 255 See Figure 8-1. Appeal to resettlement implementation agency 50 LA, rural HD,HD with Urban HD limited right Appeal to Appeal to First Stage resettlement resettlement implementation implementation agency agency for reappraisal Appeal to Apply to Chongqing villages/communities Municipal Real Estate Second Stage Price Appraisal or street/town government Committee for appraisal Document tracking by PMO and IAs Appeal to Nan’an Appeal to Nan’an Third Stage District Land District House Acquisition Office Management Office Fourth Stage Apply for Apply for administrative administrative Bring an Bring an Fifth Stage administrative suit administrative suit Figure 8-1 Grievance Redress Flowchart 256 See Table 8-1 for contact information of related land acquisition and resettlement agencies. Table 8-1 Contact Information of Agencies Concerned Agency Name Title Tel Person responsible Nan’an District LA Management Office Mr. Tu 15310321520 for LA and HD Danzishi Housing Administration Office Ms Huang Civil servant 18725879769 Haitangxi Housing Administration Office Ran Linjie Civil servant 13594299423 Person responsible for reconstruction TTG Chen Jinzhong and demolition of 13330222566 houses with limited property rights Longmenhao Sub-district Mr. Tan Civil servant 15023201005 51 Shanghao Community Ms Liu Director 15178834794 Lianhua Village Wu Hengzhong Director 13883506996 Luozibao Community Yao Chun Director 15023382387 Nan’an District Land and Resources Bureau Director Hu Office Director 62803003 Nan’an District Housing Administration Bureau Director Li Office Director 62980355 Nan’an District Complaint Visit Reception Center Director Xu Head 62980355 8.2 Grievance Redress during Construction 257 At the implementation stage, the APs may file an appeal directly to the owner or construction agency, which should make a disposition as soon as possible, but not more than two weeks. The owner or construction agency should keep records on such appeals for future monitoring and evaluation. 52 9. Organizational Structure and Implementation Schedule 9.1 Organizational Structure 258 In order to ensure successful resettlement as desired, a systematic organizational structure must be established during project implementation in order to plan, coordinate and monitor resettlement activities. Since resettlement is a very comprehensive task that requires the assistance and cooperation of different departments, NDG must first establish an organizational structure and strengthen its capacity. Since August 2017, the resettlement agencies of the Subproject have been established successively, and their duties defined. 259 These agencies include: ◆ Subproject Leading Group ◆ Nan’an PMO ◆ Chongqing Jiangnan Urban Construction & Asset Management Co., Ltd. ◆ Nan’an Tunnel Construction Office ◆ Nan’an District Land Reservation Center ◆ Nan’an District LA Management Office ◆ Local housing administration offices ◆ Town governments / sub-district offices ◆ Community committees ◆ External M&E agency 260 Other agencies include district land and resources bureau, housing administration bureau, civil affairs bureau, women’s federation, and labor and social security bureau. See Figure 9-1. 53 Subproject Leading Group Nan’an Tunnel Construction Chongqing Jiangnan Office Inter nal Urban Construction & Asset Management Co., Extern moni Nan’an District Land al M&E torin Ltd Reservation Center g Danzishi Tushan Haitangxi Longm TTG, Town Housing Housing enhao Danzishi Nan’an Construction Administratio Administratio Sub- Sub- District LA Management n Office n Office district district Management Office Demolition of Demolition of Office Office Demolition of residential Office entities on LA, rural HD houses with houses on state-owned land limited state-owned property land Proprietors Affected of houses Affected Affected rural with limited urban entities residents property residents rights, Figure 9-1 Organizational Chart 9.2 Organizational Responsibilities (1) Subproject Leading Group 261 Responsible mainly for organizing the resettlement of the Subproject, formulating policies on resettlement activities of the Subproject, coordinating relations among the resettlement agencies at all levels, and making decisions on major issues during project construction and resettlement (2) Nan’an PMO 262 Responsible mainly for handling day-to-day affairs in resettlement planning and implementation, and exercising the management, planning, implementation, coordination, supervision and monitoring functions of resettlement as the project management agency ➢ Implementing major decisions of the Subproject Leading Group on the Subproject; ➢ Coordination, management, supervision and service in project implementation; ➢ Coordinating with the Chongqing PMO and consulting agencies; ➢ Coordinating the implementation of legal documents with the Bank, and reporting the progress of project implementation to the Chongqing Project Leading Group and the Bank; 54 ➢ Organizing the preparation of the RAP; ➢ Assisting in external M&E (3) Owner 263 The owner of Longhuang Road is Nan’an Tunnel Construction Office (the Nan’an District Land Reservation Center is responsible for LA and HD), and the owner of Tushan Branch Road, and Hugui Road is Chongqing Jiangnan Urban Construction & Asset Management Co., Ltd. Their main responsibilities are: ➢ Assisting the consulting agency in preparing the RAP; ➢ Providing resettlement funds; ➢ Providing resettlement housing to AHs choosing property swap; ➢ Participating and coordinating the DMS; ➢ Coordinating resettlement implementation; ➢ Supervising and managing resettlement activities; ➢ Reporting resettlement progress and submitting internal monitoring reports to the PMO (4) District resettlement agencies 264 The IAs of the Subproject include the Nan’an District LA Management Office, responsible for LA and rural residential houses, the Haitangxi Housing Administration Office (Longhuang Road) and Danzishi Housing Administration Office (Tushan Branch Road), responsible for HD on state-owned land, and TTG, responsible for the demolition of houses with limited property rights. Their main responsibilities are: ➢ Participating in the preparation of the RAP; ➢ Conducting resettlement activities according to the RAP approved by the Bank; ➢ Going through LA and HD formalities; ➢ Communicating the resettlement policies; ➢ Organizing public participation; ➢ Entering into compensation agreements with the AHs, and submitting to the PMO for reference; ➢ Implementing resettlement programs, and submitting to the PMO for reference; ➢ Disbursing funds, and submitting copies of payment vouchers to the PMO for reference; ➢ Handling issues arising from resettlement (5) Town governments / sub-district offices 265 Town governments / sub-district offices are government agencies at the town / sub-district level. Their main responsibilities are: ➢ Assisting the IAs in publicity, announcement, disclosure and public participation; ➢ Settling disputes during project implementation; ➢ Providing assistance to vulnerable groups and residents with employment difficulty; 55 ➢ Recording and responding to grievances and appeals (6) Community committees 266 Their responsibilities are: ➢ Assisting the IAs in publicity, announcement, disclosure and public participation; ➢ Settling disputes during project implementation; ➢ Submitting the APs’ opinions and suggestions to superior authorities; ➢ Reporting resettlement progress; ➢ Providing assistance to houses with difficulty in HD (7) Design agency 267 The design agency is responsible mainly for: ➢ At the planning and design stage, it will survey the physical indicators of LA and HD, the environmental capacity, the usable resources, etc. accurately, and assist the governments in the subproject area in formulating resettlement programs, preparing budgetary investment estimates for compensation for LA and HD, and drawing the relevant drawings. ➢ At the implementation stage, it will submit the design documents, technical specifications, drawings and notices to the owner timely, make design disclosure to the PMOs of all levels, assist in the implementation of the relocation and resettlement for production of the APs, and improve the resettlement programs based on the practical situation. (8) External M&E agency 268 The Chongqing PMO will appoint a qualified M&E agency as the external resettlement M&E agency. Its main responsibilities are: ➢ Observing all aspects of resettlement planning and implementation as an independent M&E agency, monitoring and evaluating the resettlement results and the social adaptability of the APs, and submitting resettlement M&E reports to the PMO and the Bank; and ➢ Providing technical advice to the PMO in data collection and processing. 9.3 Staffing and Equipment 269 To ensure the successful implementation of the resettlement work, all resettlement agencies of the Subproject have been provided with full-time staff, and a smooth channel of communication has been established. Each resettlement agency is composed mainly of administrative staff and specialized technicians, all of whom have certain professional and management skills, and considerable experience in LA, HD and resettlement. See Tables 9-1 and 9-2. Table 9-1 Staffing of Resettlement Agencies Agency Workforce Composition Subproject Leading Group 2 Government officials Chongqing Jiangnan Urban Construction & 2 Leaders and staff workers Asset Management Co., Ltd. Nan’an Tunnel Construction Office 2 Leaders and staff workers Nan’an District Land Reservation Center 2 Leaders and staff workers 56 Agency Workforce Composition Nan’an District LA Management Office 2 Civil servants, clerks Haitangxi Housing Administration Office 4 Civil servants, clerks Danzishi Housing Administration Office 4 Civil servants, clerks Tushan Town Construction Management Office 2 Civil servants, clerks Town governments / sub-district offices 4 Civil servants, clerks Community committees 6-10 Community leaders and officials Design agency 2 Senior engineers, engineers External M&E agency 4-6 Resettlement and social experts Table 9-2 Heads of Resettlement Agencies Agency Responsibility Head Title Nan’an District Development and Reform Coordinating the Subproject for the Deputy Qin Xian Commission Subproject Leading Group Director Nan’an District Finance Bureau Financial management Wang Haiqing Staff member Chongqing Jiangnan Urban Construction Owner of Tushan Branch Road, and Xia Hao Civil servant & Asset Management Co., Ltd. Hugui Road Nan’an Tunnel Construction Office Owner of Longhuang Road Zhang Haiyan Civil servant Nan’an District Land Reservation Center Owner of Longhuang Road Zeng Xiangbin Director Nan’an District LA Management Office LA and HD for Tushan Branch Road Mr. Tu Director Demolition of houses on state-owned Danzishi Housing Administration Office Ms Huang Director land for Tushan Branch Road Demolition of houses on state-owned Haitangxi Housing Administration Office Ran Linjie Director land for Longhuang Road Demolition of houses with limited Director of the property rights (Longhuang Road) Construction TTG Chen Jinzhong Management Office Assisting in HD Longmenhao Longmenhao Sub-district Mr. Tan Sub-district 9.3.1. Equipment 270 All district and town resettlement agencies of the Subproject have been provided basic office, transport and communication equipment, including desks and chairs, PCs, printers, telephones, facsimile machines and vehicles. 9.3.2. Training Program 271 Purpose of training: to train the management staff and technicians related to LA and HD in the Subproject, so that they understand and master information on LA and HD, and ensure that the action plan for LA and HD of the Subproject is fully implemented. 272 Trainees: There are two types of training: ➢ For management staff of LA and HD—The purpose is to train the management staff of the Subproject on LA, HD and emergency measures, so that they learn experience in highway 57 resettlement and management from advanced countries, and communicate it to all LA and HD staff of the Subproject. ➢ Resettlement staff—The purpose is to make them understand the scope of construction, resettlement policies and restoration measures of the Subproject, and ensure the successful implementation of the RAP. 273 Mode of training: Training is divided into two levels: The management staff training will be given by the Chongqing PMO, and World Bank officials, government officials and experts will be invited to give lectures; the resettlement staff training will be given by the district/county PMOs under the direction of the Chongqing PMO at the district/county level. 274 Scope of training: overview and background of the Subproject, applicable laws and regulations, details of the RAP, management and reporting procedures, cost management, M&E, reporting, and grievance redress, etc. 9.4 Implementation Schedule 275 According to the implementation schedule of the Subproject, the LA, HD and resettlement schedules of the components will be linked up with the construction schedules of the components; the main part of LA, HD and resettlement will begin in April 2018 and end in October 2019. 276 The basic principles of scheduling are as follows: (1) The LA, HD and resettlement work shall be completed at least one month before the commencement of construction so that the APs have sufficient time to prepare for production resettlement and income restoration; (2) During resettlement, the APs should have opportunities to participate in the Subproject; the range of land acquisition should be published, the RIB issued, and public participation should be carried out before the commencement of construction; and (3) all kinds of compensation should be paid directly to the affected proprietors within 3 months from the date of approval of the RAP; no organization or individual should use property compensation on their behalf, and such compensation should not be discounted for any reason. 277 The overall resettlement schedule of the Subproject has been drafted according to the progress of preparation and implementation of LA, HD and resettlement. The times listed in the table are subject to adjustment with actual progress, as shown in Table 9-3. 58 Table 9-3 Resettlement Implementation Schedule 2017 2018 2019 2020 2021-22 No. Item 10 12 2 4 6 8 10 12 2 4 6 8 10 12 2 4 6 8 10 12 1-12 1 RAP preparation 1.1 Appointing the RAP preparation agency 1.2 Conducting the socioeconomic survey 1.3 Preparing the RAP 2 RAP finalization and disclosure Consulting with agencies concerned and 2.1 APs 2.2 RAP finalization Disclosing the RAP on the Bank’s 2.3 website 2.4 Disclosing the RAP to APs 3 RAP approval 4 Construction land application 4.1 Preliminary land examination 4.2 Land approval 5 Implementation stage 5.1 RIB distribution Entering into land compensation 5.2 agreements and paying compensation 5.3 HD Determination of income restoration 5.4 measures 59 2017 2018 2019 2020 2021-22 No. Item 10 12 2 4 6 8 10 12 2 4 6 8 10 12 2 4 6 8 10 12 1-12 5.5 Commencement of construction 5.6 Skills training 6 M&E 6.1 Baseline survey 6.2 Internal monitoring 6.3 External M&E Note: In the above table, an item in is completed, one in is uncompeleted. 60 10.Resettlement Budget 10.1 Resettlement Budget 278 According to the requirements of the World Bank, the LA and HD cost of already completed part shall not be included into the total investment of the Subproject. Therefore, the total investment of the Subproject should only include the cost for Tushan Branch Road and uncompleted part of Longhuang Road where LA and HD has not been lunched yet, namely the RAP only involves the LA and HD cost of the whole Tushan Branch Road and part of Longhuang Road,. 279 The resettlement budget for whole Tushan Branch Road and the uncompleted part of Longhuang Road broadening is estimated to be 54.7 million yuan and 34.77 million yuan respectively, 89.474 million yuan in total, including compensation of 568,000 yuan for permanent land acquisition, 8.426 million yuan for rural residential houses, 36.005 million yuan for entities on state-owned land, 5.077 million yuan for residential houses on state-owned land, 23.087 million yuan for houses with limited property rights, 300,000yuan for infrastructure, 4.188 million yuan for other costs, 2.267 million yuan for taxes and 9.954 million yuan for basic contingencies. See Tables 10-1, 10-2 and 10-3. Table 10-1 Resettlement Budget Unit: yuan Tushan Branch No. Component Total Longhuang Road Road 1 Permanent LA 568,000 568,000 0 2 Allocation of state-owned land Compensation for rural residential 3 8,426,600 8,426,600 0 houses Compensation for entities on state- 4 36,005,170 36,005,170 0 owned land HD compensation on state-owned 5 5,077,160 0 5,077,160 land 6 Houses with limited property rights 23,087,416 0 23,087,416 7 Compensation for infrastructure 300,000 0 300,000 8 Other costs 9 Taxes 2,267,165 1,907,585 359,580 10 Basic contingencies 9,554,360 5,861,081 3,693,279 Total 89.474.027 54,703,426 34,770,601 1 1 However, according to the requirements of FSR in China, all actual cost of LA and HD occurred for the Subproject shall be included into the total investment, regardless already paid or to be occured. The LA and HD budget for Hugui Road is about 500 million yuan. The LA and HD has been launched in September 2016 according to the national and Chongqing related policies and regulations. Till the date of survey, total compensation of 350 million yuan had been paid and 150 million yuan was pending to payment. The LA and HD budget for Longhuang Road was about 195 million yuan. the LA and HD of the main part was basically completed in July 2016 and related compensation of 160 million yuan was paid. The whole Tushan Branch Road (budget of 54 million yuan) and uncompleted part of Longhuang Road (budget of 34.77 million yuan), at 61 Table 10-2 Resettlement Budget for Tushan Branch Road Compensation No. Item Unit Qty. Amount rate (yuan/unit) Part 1 Permanent LA 1.1 Land compensation mu 18,000 14.20 255,600 1.2 Resettlement subsidy mu 38,000 0.00 - Fixed-rate compensation for 1.3 young crops and ground mu 22,000 14.20 312,400 attachments Subtotal yuan 568,000 Compensation for rural Part 2 residential houses House compensation Masonry concrete m2 600 1010.00 606,000 2.1 Masonry timber m2 480 130.00 62,400 Masonry color steel m2 390 160.00 62,400 Shed m2 100 150.00 15,000 Other compensation HH * time 700 0.00 - Moving subsidy HH * time 1,000 10 10,000 2.2 Reward for moving within the m2 60 1450.00 87,000 specified time Water, electricity, CCTV HH 2,000 5 10,000 Residual value subsidy 2.3 Masonry concrete m2 20 1,010.00 20,200 Other m2 10 440.00 4,400 (For property swap only) 2.4 Resettlement housing costs m2 6,990 1,080.00 7,549,200 Subtotal yuan 8,426,600 Compensation for entities on Part 3 state-owned land House compensation - 3.1 Masonry concrete office m2 7,830 4,378.32 34,282,246 Floor 1 stores m2 18,900 86.00 1,625,400 which LA and HD has not launched yet, were proposed to be covered by the RAP. According to the cost estimation requirements of FSR , the total LA and HD cost in FSR shall be 750 million yuan, including 500 million for Hugui Road, 54 million yuan for Tushan Branch Road and 195 million yuan for Longhuang Road. 62 6% of Compensation for production 3.2 appraised 6% 1625400.00 97,524 or business suspension price Subtotal 36,005,170 Subtotal of Parts 1-3 Yuan 44,999,770 Part 4 Other costs 4.1 Planning and design costs yuan 0.003 44,999,769.60 134,999 Implementation management 4.2 yuan 0.03 44,999,769.60 1,349,993 costs 4.3 Skills training costs yuan 0.005 44,999,769.60 224,999 4.4 M&E costs yuan 0.005 44,999,769.60 224,999 Subtotal yuan 1,934,990 Part 5 Taxes Compensation for additional 5.1 yuan/m² 80 9,466.67 757,333 construction land 5.2 Land reclamation costs yuan/m² 30 9,466.67 284,000 5.3 Farmland occupation tax yuan/m² 35 9,466.67 331,333 5.4 LA planning costs mu 30,000 14.20 426,000 5.5 HD costs on collective land yuan/m² 12 1,450.00 17,400 5.6 HD costs on state-owned land yuan/m² 20 4,464.32 89,286 5.7 Appraisal costs yuan/m² 0.5 4,464.32 2,232 Subtotal yuan 1,907,585 Part 5 Basic contingencies yuan 0.12 48,842,344.92 5,861,081 Total of Tushan Branch Road 54,703,426 Table 10-3 Resettlement Budget for Longhuang Road (remaining parts) Compensation No. Item Unit Qty. Amount rate (yuan/unit) Compensation for residential Part 1 houses on state-owned land House compensation - 1.1 Masonry concrete, not in set, m2 7,550 539 4,069,450 completed in the 1980s Other costs - Reward for agreement signing HH * day 40 360 14,400 1.2 within the specified time Reward for agreement signing m2 1,000 539 539,000 within the specified time 63 Cash compensation subsidy HH 30,000 6 180,000 Moving subsidy HH * time 1,000 12 12,000 - Compensation for decoration - and other attachments Compensation for decoration m2 400 539 215,600 Separate water meter / 600 6 3,600 Separate kilowatt-hour meter / 660 6 3,960 1.3 CCTV / 525 6 3,150 Natural gas HH 3,000 6 18,000 Retaining walls, pools m2 400 15 6,000 Enclosing walls, parterres, m2 300 40 12,000 courtyards Subtotal 5,077,160 Houses with limited property Part 2 rights Residential houses with limited 2.1 property rights Property swap - Equal size swap costs within m2 5,530 1100 6,083,000 100 m2 Replacement cost for excess m2 870 1,956.8 1,702,416 size HH * Transition subsidy 900 0 - month Moving subsidy HH * time 700 22 15,400 Non-residential properties with 2.2 limited property rights House compensation Compensation for size of not 3,000 1,100 3,300,000 more than 100 m2 2.2.1 Moving reward for size of not 2,000 1,100 2,200,000 more than 100 m2 Replacement cost for excess 870 1,180 1,026,600 size Compensation for roadside store Compensation for store 2.2.2 Per 15 m2 30,000 72 2,160,000 relocation losses Moving subsidy for Floor 1 Room 200,000 33 6,600,000 store 64 Subtotal yuan 23,087,416 Affected infrastructure 3.1 waste transfer station EA 300,000 1 300,000 Subtotal yuan 300,000 Subtotal of Parts 1-3 yuan 28,464,576 Part 4 Other costs 4.1 Planning and design costs yuan 0.03 28,164,576 844,937 Implementation management 4.2 yuan 0.03 28,164,576 844,937 costs 4.3 Skills training costs yuan 0.005 28,164,576 140,823 4.4 M&E costs yuan 0.015 28,164,576 422,469 Subtotal yuan 2,253,166 Part 5 Taxes - 5.1 HD costs yuan/m² 70 3,595.8 251,706 5.2 Appraisal costs yuan/m² 30 3,595.8 107,874 Subtotal yuan 359,580 Part 6 Basic contingencies yuan 0.12 30,777,322 3,693,279 Total of Longhuang Road yuan 34,770,601 10.2 Funding Sources 280 According to the construction plan of the Subproject, the resettlement funds of the Subproject are from district finance. 10.3 Fund Flow and Disbursement Plan 10.3.1. Fund Flow 281 During the implementation of the Subproject, the county land and resources bureau will pay compensation for LA and HD directly to the affected entities/households according to compensation agreements with the affected entities/households under the compensation policies and rates specified in the RAP under the supervision of the Subproject Leading Group. See Figure 10-1. 65 IAs Land Compensation for compensation, houses and resettlement attachments Affected villages and groups APs APs Figure 10-1 Disbursement Flowchart of Resettlement Funds 10.3.2. Disbursement Plan 282 Compensation will be disbursed by the PMO and used under the supervision of the internal monitoring agency and the auditing of the external M&E agency: ➢ All costs related to resettlement will be included in the general budget of the Subproject; ➢ LA: The PMO will enter into LA and ground attachment compensation agreements with the village/community committees, and disburse compensation to the village/community committees according to such agreements, and pay compensation for ground attachments to proprietors through the village/community committees. ➢ HD: The IA will enter into compensation agreements with the AHs, and pay compensation to the AHs directly. ➢ Other costs: The owner has the right to use contingencies. If contingencies are insufficient due to price rise, a notice should be given to the competent authority immediately. 66 11.M&E 283 In order to ensure the successful implementation of the RAP and resettle the APs properly, periodic M&E of LA, HD and resettlement activities will be conducted in accordance with the Bank Operational Policy OP4.12 on Involuntary Resettlement and the Operational Guide to the Monitoring and Evaluation of Resettlement of World Bank Financed Projects in China. Monitoring is divided into internal monitoring of resettlement agencies and external independent monitoring. M&E will begin in March 2014, and end half a year after the completion of resettlement activities and, production and livelihood restoration. According to the construction and resettlement schedule of the Subproject, internal and external monitoring reports will be submitted to the Bank semiannually, and an evaluation report on overall resettlement prepared upon completion of the Subproject. 11.1 Internal Monitoring 284 The Nan’an PMO will establish an internal monitoring mechanism to monitor resettlement activities. It will also establish a database of LA, HD and resettlement, and use it to prepare the RAP, monitor all displaced households and entities, and conduct internal supervision and inspection of the whole process of resettlement. 11.1.1. Procedure 285 During implementation, the owner will establish a corresponding resettlement database, collect and record information on the resettlement of APs from the monitoring sample, and report real- time activity records to the PMO timely to maintain continuous monitoring. The PMO will inspect implementation regularly. 11.1.2. Scope ➢ Payment of compensation ➢ House reconstruction ➢ Staffing, training, working schedule and efficiency of the resettlement organization ➢ Registration and handling of grievances and appeals of APs 11.1.3. Reporting 286 The owner will prepare an internal monitoring report semiannually, and submit it to the Nan’an PMO, which will in turn submit it to the Chongqing PMO. 11.2 Independent External Monitoring 11.2.1. Purpose and Task 287 Independent monitoring is conducted on all resettlement activities by an agency independent of resettlement implementation with a comprehensive, long-term point of view. The external M&E agency will follow up the resettlement activities to see if the state laws on resettlement, and the Bank’s operational policy are complied with, and if the production level and living 67 standard of the APs are improved or at least restored to pre-project levels. The external M&E agency will give suggestions to the implementing agencies based on issues found during monitoring so that such issues can be solved timely. 11.2.2. External M&E Agency 288 As required by the Bank, a qualified agency will be appointed as the external M&E agency, which will provide technical assistance to the implementing agencies, and implement basic monitoring through resettlement survey and standard of living survey. 11.2.3. Procedure and Scope 1) Preparing the terms of reference of M&E 2) Preparing a survey outline, survey form and record card of affected residents and typical affected entities 3) Design of sampling survey plan and sample size: not less than 20% of households affected by LA if less than 100, or 15% if 100 or more but less than 500, or 10% if 500 or more; not less than 50% of households affected by HD; all affected entities 4) Baseline survey: A baseline survey required for the independent M&E of the households affected by land acquisition will be conducted to acquire baseline data on the standard of living (livelihood, production and income levels) of the monitored displaced households. 5) M&E survey a) Capacity evaluation of resettlement implementing agencies; b) Monitoring of resettlement progress, compensation rates and payment to typical displaced households; c) Public participation and consultation; d) Monitoring the registration and disposition of appeals of APs 6) Compiling monitoring data, and establishing a database 7) Comparative analysis 8) Preparing M&E reports according to the monitoring plan 11.2.4. Monitoring Indicators 289 According to the purpose of M&E, the main monitoring indicators are as follows: 1) Resettlement agencies ➢ Consistency between the resettlement activities and policies; ➢ Organizational management and internal control of resettlement agencies, and appropriateness thereof; 68 ➢ Accuracy of internal monitoring reports 2) Resettlement progress ➢ Adequacy and timeliness of preparation of the resettlement site and compensation; ➢ Relocation progress of APs; ➢ Reasonableness and timeliness of compensation to APs and affected entities; ➢ Reasonableness house allocation (including location, floor, size, etc.) 3) Production and livelihood restoration ➢ Livelihood restoration of APs, especially vulnerable groups; ➢ Restoration of production of affected enterprises ➢ Use of compensation; ➢ Relocation, replacement and reconstruction of infrastructure; ➢ Availability of other subsidies 4) Other ➢ Adequacy and rationality of public participation and consultation; ➢ Response to appeals from APs ➢ Grievances recorded in different authorities and agencies ➢ Satisfaction of APs 11.2.5. Reporting 290 The external M&E agency will prepare external monitoring reports based on its observations and survey findings, and report independently to the Chongqing PMO and the Bank. 291 M&E will begin in April 2018, and end half a year after the completion of resettlement activities and, production and livelihood restoration. As required by the Bank, external monitoring will be conducted twice a year since the beginning of resettlement, i.e., in the middle and at the end of each year, and annually after the completion of resettlement and before the completion of the Subproject. 11.3 Post-evaluation 292 After the completion of the Subproject, the resettlement activities will be subject to post- evaluation using the theory and methodology for post-evaluation on the basis of M&E. Successful experience and lessons of land acquisition will be evaluated to provide experience that can be drawn on for future resettlement. Post-evaluation will be conducted by an external independent M&E agency appointed by the PMO. The post-evaluation agency will prepare terms of reference for post-evaluation to establish a system of evaluation indicators, conduct 69 socioeconomic analysis and survey, and prepare the Resettlement Post-evaluation Report for submission to the Chongqing PMO and the Bank. 70 12.Entitlement Matrix Table 12-1 Entitlement Matrix Entitled Type of Degree of Affected Compensation persons/entitie Implementation impact impact population policy s Permanent 14.2 mu of rural 1) Collective 14 1) Land Land compensation will be paid to the acquired rural collective economic organization, LA collective land, economic households compensation rate: to be fully paid to the AHs based on LA impacts. including 6.5 mu organization with 36 18,000 yuan/mu of cultivated land, owning the land; persons in All villagers in Liujiagang Group were converted into urban status in 2000, and all APs 2.5 mu of other one group 2) Fixed aged 16 years or above have been covered by endowment insurance for urban farmland, 3.9 mu 2) Households of one compensation rate residents. of housing land have the right to village in for young crops and and 1.3 mu of use the land one town ground unused land. attachments: 22,000 Liuhulan Village is surrounded by the urban area on 3 sides, and the main income yuan/mu source of the AHs is employment. Demolition Rural residential Proprietors 14 1) Compensation for 1.Structural Compensation of rural houses of 1,450 households demolished rural residential m2 in one group with 36 residential houses The HD compensation rates are 660 yuan/m 2 for reinforced concrete structure, 600 houses of Liujiagang persons in will be paid directly yuan/m2 for masonry concrete structure, 390-480 yuan/m 2 for masonry timber structure, Group of one group to the AHs based on 330-360 yuan/m2 for earth wall structure and 100-120 yuan/m2 for simple structure. Liuhulan Village, of one the The Nan’an District LA Management Office will enter into a house compensation Tushan Town, village in local,compensation agreement with each AH, and pay cash compensation subsidy at 5,700 yuan/m2 for 30 including 1,010 one town rates, required by m2 per capita at a time. m2 in masonry (CMG [2013] concrete No.58). In case of cash compensation, any AH handing over or demolishing its house will be structure, 130 m2 granted a reward of 1,500 yuan/m 2. in masonry 2) Replacement timber structure, cost requirement in In case of cash compensation, a moving subsidy of 1,000 yuan per capita will be paid 160 m2 in OP4.12 (Involuntary at a time. masonry and Resettlement), World Bank Any AH moving within the specified time will receive the following moving subsidy twice: steel color household with 3 or less members: 700 yuan per time; household with 4 or more structure, and members: 1,000 yuan per time. sheds of 150 m2 Any AH moving within the specified time will receive a demolition subsidy of 60 71 yuan/m2. Overall compensation for water supply, power supply, CCTV and other facilities will be paid at 2,000 yuan per household. If any AH moving within the specified time is unable to demolish the house, or waives the residual value thereof voluntarily, a residual value subsidy will be paid at 20 yuan/m2 for masonry concrete structure, or 10 yuan/m2 for other structures. After payment, the residual value will be disposed of by the IA. Based on the compensation rates, the price for cash compensation will be at least 7800yuan/m2, including compensation for structure (600Yuan/m2), cash compensation subsidy (5700yuan/m2) and reward (1500yuan/m2). Others, such as moving subsidy, demolition subsidy and residual value, are not included. According to a market survey to the second-hand house of Nan’an district in May 2018, houses with price between 7000~8000yuan/m2 are adequate in supplying. Therefore, the price of cash compensation has met the requirement of replacement cost. 2. Property swap The HD compensation rates are 660 yuan/m 2 for reinforced concrete structure, 600 yuan/m2 for masonry concrete structure, 390-480 yuan/m 2 for masonry timber structure, 330-360 yuan/m2 for earth wall structure and 100-120 yuan/m2 for simple structure. The IA will offer resettlement housing, and resettle the affected persons according to the Land Acquisition Compensation and Resettlement Measures of Chongqing Municipality (Decree No.55 of the Chongqing Municipal Government), Notice of the Chongqing Municipal Government on Adjusting Land Acquisition Compensation and Resettlement Policies (CMG [2008] No.45), and Notice of the Chongqing Municipal Government on Further Adjusting Land Acquisition Compensation Rates (CMG [2013] No.58). Each AH will select a resettlement house at 30 m 2 of building area per capita. Any AH moving within the specified time will receive the following moving subsidy twice: household with 3 or less members: 700 yuan per time; household with 4 or more members: 1,000 yuan per time. Any AH moving within the specified time will receive a demolition subsidy of 60 yuan/m2. Overall compensation for water supply, power supply, CCTV and other facilities will be 72 paid at 2,000 yuan per household. If any AH moving within the specified time is unable to demolish the house, or waives the residual value thereof voluntarily, a residual value subsidy will be paid at 20 yuan/m2 for masonry concrete structure, or 10 yuan/m 2 for other structures. After payment, the residual value will be disposed of by the IA. In case of property swap, an AH will receive a transition subsidy of 400 yuan per capita per month from the starting month of transition to the month following the resettlement notice. The subsidy will be adjusted with economic development and market fluctuation. Demolition 6 urban Proprietors 6 1) Affected urban Cash compensation: based on appraised price of urban residential households residential houses residential houses in with 18 will be subject to Property swap: The size of the resettlement house is equal to that of the acquired houses Shanghao persons either cash house in principle, and any price difference will be paid for. Community, compensation or If the sharing factor of the acquired house is not more than 15%, the size of the Longmenhao property swap resettlement house will be calculated at 15%; if such factor is over 15%, the actual size Sub-district, all in required by (CMGO will be applied. masonry [2011] No.123). concrete In case of property swap, if the sharing factor of the resettlement house is over 15%, structure, with a 2) Replacement the shared size for the excess size will be purchased by the acquirer; if such factor is total size of 539 cost requirement in not more than 15%, the actual size will be applied. m2 OP4.12 (Involuntary Resettlement), Reward for agreement signing within the specified time: If the original use of the World Bank acquired house is residence and the AH enters into an agreement within the specified time, a one-time reward of 1,500 yuan/m 2 of building area will be granted in case of cash compensation, or 1,000 yuan/m 2 of building area in case of property swap. Subsidy for unregistered illegal building: not more than 40% of the appraised value for the same structure for mixed buildings used as residence, or not more than 1,800 yuan/m2 for masonry concrete structure, not more than 1,200 yuan/m 2 for masonry timber structure or not more than 800 yuan/m2 for simple structure buildings used for other purposes Based on the practice of market price evaluation and the overall calculation for property swap, resettlement for houses with limited property rights is sufficient for replacement. Demolition A non-residential Proprietor TTG 1) Compensation House compensation: based on appraised price of non- property in will be paid to the residential Tushan Town, proprietor at the Compensation for losses from production or business suspension will be 6% of the 73 properties with an HD area appraised price at a appraised value paid at a time in case of cash compensation; 5‰ of the appraised on state- of 4,464.32 m2, time, required by value per month in case of property swap for the actual transition period, plus 5‰ from owned land including offices (CMGO [2011] the month of extension of the transition period. If the entity or individual dealing with of 4,378.32 m2 No.123). production or doing business is not the proprietor, such compensation will be and unused distributed between them through consultation. roadside stores 2) Replacement of 86 m2 cost requirement in The appraiser will evaluate the properties based on the actual realities and the market OP4.12 (Involuntary price independently and then, get the compensation amount for production or business Resettlement), suspension as above proportion. In case acceptable for the property owners, he/she is World Bank able to ask for re-calculating the compensation price in accordance with one of the other three forms, if he/she is not satisfied with the price defined as the methodology above: 1. calculate on the basis of tax payment; 2. require for independent evaluation; and 3. negotiation. Demolition 12 houses with Proprietors 11 Residential houses In case of property swap, if the lawful size of a demolished house is not more than 100 of houses limited property proprietors with limited property m2, the size of the resettlement house will be equal to that of the demolished house; if it with limited rights in Lianhua rights will be subject is over 100 m2, the excess size will be paid for at a replacement cost. property Village, Tushan to either cash rights Town, with a total compensation or The resettlement modes include cash compensation and property swap, where only size of 4,636.8 property swap. one mode can be selected. m2, including a In case of cash compensation, if the lawful size of a demolished house is not more than residential size of Non-residential properties with 100 m2, the compensation rate will be 3,000 yuan/m 2, and the moving reward 2,000 2,356.8 m2 and a yuan/m2, totaling 5,000 yuan/m2. non-residential limited property size of 2,280 m2. rights will be subject In case of property swap, if the lawful size of a demolished house is not more than 100 to cash m2, the size of the resettlement house will be equal to that of the demolished house, compensation only. without compensation by the acquirer; if it is over 100 m2, the excess size will be paid Compensation will for at a replacement cost. be paid to The moving subsidy will be 700 yuan per time x twice = 1,400 yuan per household. proprietors at a time. The moving subsidy will be 900 yuan per month per household (no transition subsidy in case of cash compensation). In case of cash compensation, the compensation will cover the full cost of house structure based on market price evaluation, moving reward and moving subsidy, while value of land will not be considered since it had been compensated during the land acquisition in 2012. Ground Enclosing walls, Proprietors All AHs with Paying Former attachments will be disposed of by the owner. attachments roads, retaining ground compensation 74 walls, etc. attachments directly to on acquired proprietors land 75 Appendix: RIB 1. Background of the Subproject NDG plans to apply for a loan with the Bank for the Subproject. The subcomponents involving LA and/or HD are Hugui Road, Tushan Branch Road and Longhuang Road. This Resettlement Information Book is a summary of the RAP and will be distributed after the World Bank appraisal in the project affected areas by the PIU. 2. Impacts of the Subproject The Subproject will affect Liujiagang Group of Liuhulan Village and Guihuayuan Group of Lianhua Village in Tushan Town, and Shanghao Community in Longmenhao Sub-district. 14.2 mu of rural collective land will be acquired permanently, 52.8 mu of state-owned land allocated, rural residential houses of 1,450 m2, urban residential houses of 539 m2, non- residential properties on state-owned land of 4,464.32 m2, and houses with limited property rights of 4,636.8 m2 demolished. 3. Compensation Rates Table 1 Compensation Rates for Permanent LA Land compensation Resettlement subsidy Fixed compensation rate for young crops and ground (yuan/mu) (yuan per capita) attachments (yuan/mu) 18000 38000 22000 Note: there will be no resettlement subsidy if any APs has been converted into non-agricultural status. Table 2 Compensation Rates for HD Item Structure Description Rate Unit Masonry Brick wall (board) with prefabricated roof 600 yuan/m2 concrete Brick wall (stone sheet) with tile roof 480 yuan/m2 Masonry timber Brick wall, asbestos tile roof (or felt, 420 yuan/m2 fiberglass tile) Overall house Brick wall (board) with prefabricated roof 390 yuan/m2 compensation Earth wall Earth wall with tile roof 360 yuan/m2 Asbestos or fiberglass tile roof 330 yuan/m2 Brick (stone, timber) columns, asbestos tile 120 yuan/m2 Simple roof (or felt, fiberglass tile) Shed 100 yuan/m2 Subsidies Moving 3 members or less 700 yuan/HH * time 76 subsidy 4 members or more 1,000 yuan/HH * time Demolition subsidy 60 yuan/m2 Overall compensation for water supply, power supply, 2000 yuan/HH CCTV and other facilities Reinforced concrete 30 yuan/m2 Residual value Masonry concrete 20 yuan/m2 subsidy Other 10 yuan/m2 Cash compensation (30 m2 per capita) 5,700 yuan/m2 For cash compensation Reward (30 m2 per capita) 1,500 yuan/m2 only Moving subsidy 1,000 yuan/HH For property yuan/capita * Transition subsidy 400 swap only month Table 3 Subsidies for Urban Residential Houses and Compensation Rates for Attachments No. Item Rate Residential 1,000 yuan/HH * time 1 Moving subsidy Non- 30 yuan/m2 * time for commercial, office and business residential properties, 40 yuan/m 2 * time for production properties 40 yuan/HH * day for residential houses, 20 yuan/m 2 * day for 2 Reward for early agreement signing non-residential properties Residential 30,000 yuan/HH. For the cash compensation mode only Cash compensation 5% of the value of the 3 Non- acquired house, not less For a mixed property, the subsidy is subsidy residential than 20,000 yuan based on the higher rate, and paid at a time. 1) Separate water and kilowatt-hour meters will be demolished by the AH itself, and fully compensated for at a time. Compensation for 2) In case of property swap, existing natural gas, CCTV and other facilities will be 4 water, electricity, restored by the acquirer without compensation. natural gas, etc. 3) In case of cash compensation, existing natural gas, CCTV and other facilities will be compensated for at the prevailing rates. In case of property swap, a transition subsidy will be granted at the rate fixed by 5 Transition subsidy the district government. Table 4 Pre-appraised Prices for Urban Residential Houses in the Longdongtian Area Pre-appraised No. Purpose Age Structure In set? Unit price 1 Masonry concrete In set yuan/m2 7,700 1990s 2 Masonry concrete Not in set yuan/m2 7,620 3 1980s and Masonry concrete In set yuan/m2 7,550 77 4 before Not in set yuan/m2 7,480 5 Masonry timber yuan/m2 7,380 6 Simple yuan/m2 7,270 7 Separate water meter yuan each 600 8 Separate kilowatt-hour meter yuan each 660 9 CCTV yuan each 525 10 Natural gas yuan per HH 3,000 Demolished 11 attachments8 Telephone yuan each 158 Reimbursed with 12 Digital TV / invoice Reimbursed with 13 Broadband / invoice 14 House decoration / Consultation 15 Other Structures Retaining walls, pools yuan/m2 400 attachments and Enclosing walls, parterres, 16 attachments yuan/m2 300 courtyards Table 5 Pre-appraised Prices for Urban Non-residential Properties in the Chongqing Medical Technical School Area Appraised price No. Purpose Age Structure Remarks (yuan) 1 Masonry concrete 8,730 2 Office / Masonry timber 7,590 3 Simple 7,450 Estimated at the pre- appraised price for 4 Floor 1 stores 1990s Masonry concrete 18,900 Chongqing Medical Technical School 8 In case of attachment demolition, only AHs choosing cash compensation will receive compensation. In case of property swap, existing natural gas pipelines, CCTV and other attachments will be restored by the IA without compensation. 78 Table 6 Entitlement Matrix Entitled Type of Degree of Affected Compensation persons/entitie Implementation impact impact population policy s Permanent 14.2 mu of rural 1) Collective 14 1) Land Land compensation will be paid to the acquired rural collective economic organization, LA collective land, economic households compensation rate: to be fully paid to the AHs based on LA impacts. including 6.5 mu organization with 36 18,000 yuan/mu of cultivated land, owning the land; persons in 2.5 mu of other one group 2) Fixed farmland, 3.9 mu 2) Households of one compensation rate of housing land have the right to village in for young crops and and 1.3 mu of use the land one town ground unused land. attachments: 22,000 yuan/mu Demolition Rural residential Proprietors 14 3) Compensation for 1.Structural Compensation of rural houses of 1,450 households demolished rural residential m2 in one group with 36 residential houses The HD compensation rates are 660 yuan/m 2 for reinforced concrete structure, 600 houses of Liujiagang persons in will be paid directly yuan/m2 for masonry concrete structure, 390-480 yuan/m 2 for masonry timber structure, Group of one group to the AHs based on 330-360 yuan/m2 for earth wall structure and 100-120 yuan/m2 for simple structure. Liuhulan Village, of one the The Nan’an District LA Management Office will enter into a house compensation Tushan Town, village in local,compensation agreement with each AH, and pay cash compensation subsidy at 5,700 yuan/m2 for 30 including 1,010 one town rates, required by m2 per capita at a time. m2 in masonry (CMG [2013] concrete No.58). In case of cash compensation, any AH handing over or demolishing its house will be structure, 130 m2 granted a reward of 1,500 yuan/m 2. in masonry 4) Replacement timber structure, cost requirement in In case of cash compensation, a moving subsidy of 1,000 yuan per capita will be paid 160 m2 in OP4.12 (Involuntary at a time. masonry and Resettlement), World Bank Any AH moving within the specified time will receive the following moving subsidy twice: steel color household with 3 or less members: 700 yuan per time; household with 4 or more structure, and members: 1,000 yuan per time. sheds of 150 m2 Any AH moving within the specified time will receive a demolition subsidy of 60 yuan/m2. Overall compensation for water supply, power supply, CCTV and other facilities will be paid at 2,000 yuan per household. If any AH moving within the specified time is unable to demolish the house, or waives 79 the residual value thereof voluntarily, a residual value subsidy will be paid at 20 yuan/m2 for masonry concrete structure, or 10 yuan/m 2 for other structures. After payment, the residual value will be disposed of by the IA. 2. Property swap The HD compensation rates are 660 yuan/m2 for reinforced concrete structure, 600 yuan/m2 for masonry concrete structure, 390-480 yuan/m 2 for masonry timber structure, 330-360 yuan/m2 for earth wall structure and 100-120 yuan/m2 for simple structure. The IA will offer resettlement housing, and resettle the affected persons according to the Land Acquisition Compensation and Resettlement Measures of Chongqing Municipality (Decree No.55 of the Chongqing Municipal Government), Notice of the Chongqing Municipal Government on Adjusting Land Acquisition Compensation and Resettlement Policies (CMG [2008] No.45), and Notice of the Chongqing Municipal Government on Further Adjusting Land Acquisition Compensation Rates (CMG [2013] No.58). Each AH will select a resettlement house at 30 m 2 of building area per capita. Any AH moving within the specified time will receive the following moving subsidy twice: household with 3 or less members: 700 yuan per time; household with 4 or more members: 1,000 yuan per time. Any AH moving within the specified time will receive a demolition subsidy of 60 yuan/m2. Overall compensation for water supply, power supply, CCTV and other facilities will be paid at 2,000 yuan per household. If any AH moving within the specified time is unable to demolish the house, or waives the residual value thereof voluntarily, a residual value subsidy will be paid at 20 yuan/m2 for masonry concrete structure, or 10 yuan/m 2 for other structures. After payment, the residual value will be disposed of by the IA. In case of property swap, an AH will receive a transition subsidy of 400 yuan per capita per month from the starting month of transition to the month following the resettlement notice. The subsidy will be adjusted with economic development and market fluctuation. Demolition 6 urban Proprietors 6 3) Affected urban Cash compensation: based on appraised price of urban residential households residential houses residential houses in with 18 will be subject to Property swap: The size of the resettlement house is equal to that of the acquired Shanghao either cash 80 houses Community, persons compensation or house in principle, and any price difference will be paid for. Longmenhao property swap Sub-district, all in required by (CMGO If the sharing factor of the acquired house is not more than 15%, the size of the masonry [2011] No.123). resettlement house will be calculated at 15%; if such factor is over 15%, the actual size concrete will be applied. structure, with a 4) Replacement cost requirement in In case of property swap, if the sharing factor of the resettlement house is over 15%, total size of 539 the shared size for the excess size will be purchased by the acquirer; if such factor is m2 OP4.12 (Involuntary Resettlement), not more than 15%, the actual size will be applied. World Bank Reward for agreement signing within the specified time: If the original use of the acquired house is residence and the AH enters into an agreement within the specified time, a one-time reward of 1,500 yuan/m 2 of building area will be granted in case of cash compensation, or 1,000 yuan/m2 of building area in case of property swap. Subsidy for unregistered illegal building: not more than 40% of the appraised value for the same structure for mixed buildings used as residence, or not more than 1,800 yuan/m2 for masonry concrete structure, not more than 1,200 yuan/m 2 for masonry timber structure or not more than 800 yuan/m 2 for simple structure buildings used for other purposes Demolition A non-residential Proprietor TTG 3) Compensation House compensation: based on appraised price of non- property in will be paid to the residential Tushan Town, proprietor at the Compensation for losses from production or business suspension will be 6% of the properties with an HD area appraised price at a appraised value paid at a time in case of cash compensation; 5‰ of the appraised on state- of 4,464.32 m2, time, required by value per month in case of property swap for the actual transition period, plus 5‰ from owned land including offices (CMGO [2011] the month of extension of the transition period. If the entity or individual dealing with of 4,378.32 m2 No.123). production or doing business is not the proprietor, such compensation will be and unused distributed between them through consultation. roadside stores 4) Replacement of 86 m2 cost requirement in OP4.12 (Involuntary Resettlement), World Bank Demolition 12 houses with Proprietors 11 Residential houses In case of property swap, if the lawful size of a demolished house is not more than 100 of houses limited property proprietors with limited property m2, the size of the resettlement house will be equal to that of the demolished house; if it with limited rights in Lianhua rights will be subject is over 100 m2, the excess size will be paid for at a replacement cost. property Village, Tushan to either cash rights Town, with a total compensation or The resettlement modes include cash compensation and property swap, where only size of 4,636.8 property swap. one mode can be selected. m2, including a 81 residential size of Non-residential In case of cash compensation, if the lawful size of a demolished house is not more than 2,356.8 m2 and a properties with 100 m2, the compensation rate will be 3,000 yuan/m 2, and the moving reward 2,000 non-residential limited property yuan/m2, totaling 5,000 yuan/m2. size of 2,280 m2. rights will be subject to cash In case of property swap, if the lawful size of a demolished house is not more than 100 compensation only. m2, the size of the resettlement house will be equal to that of the demolished house, without compensation by the acquirer; if it is over 100 m 2, the excess size will be paid Compensation will for at a replacement cost. be paid to proprietors at a The moving subsidy will be 700 yuan per time x twice = 1,400 yuan per household. time. The moving subsidy will be 900 yuan per month per household (no transition subsidy in case of cash compensation). Ground Enclosing walls, Proprietors All AHs with Paying Former attachments will be disposed of by the owner. attachments roads, retaining ground compensation walls, etc. attachments directly to on acquired proprietors land 82 Table 7 Compensation Rates for Houses with Limited Property Rights Resettlement Scope of Purpose Type of compensation Unit Rate mode compensation Size of not more HD compensation yuan/m2 3000 than 100 m2 Moving reward yuan/m2 2000 Cash compensation Size in excess of Compensation for excess Replacement yuan/m2 100 m2 size cost / Moving subsidy yuan/HH * time 700 Residential Size of not more Equal size swap Equal size resettlement house than 100 m2 Compensation for excess Replacement yuan/m2 Property Swap size cost Size in excess of yuan/HH * Transition subsidy 900 100 m2 month / Moving subsidy yuan/HH * time 700 Compensation for store / yuan/15 m2 30000 Non- Cash relocation losses residential compensation Moving subsidy for Floor / yuan/room 200000 1 store 4. Resettlement and Income Restoration 1) LA Resettlement and compensation will be based on the Land Administration Regulations of Chongqing Municipality, Notice of the Chongqing Municipal Government on Further Adjusting Land Acquisition Compensation Rates (CMG [2013] No.58), the applicable policies of Nan’an District, and the Bank’s policy on involuntary resettlement. LA compensation includes land compensation, resettlement subsidy and young crop compensation, and is 18,000 yuan/mu, regardless of land type; resettlement subsidy is 38,000 yuan per capita for agricultural population converted into urban status; young crops and ground attachments will be compensated for at a fixed rate of 22,000 yuan/mu. Other income restoration measures for the APs include offering job opportunities at the construction and operation stages, offering skills training, recommendation for employment, etc. 2) Rural residential houses The resettlement modes include cash compensation and property swap. In addition to house compensation, each AH will receive a moving reward, a residual value subsidy, a moving subsidy, etc. The compensation rate under cash compensation is 7,200 yuan/m 2, 30 m2 for each AP, and in case of property swap, each AP will have a resettlement house size of 30 m2. 3) Urban residential houses Urban residential houses will be compensated for based on appraisal, and the 83 resettlement modes include cash compensation and property swap. In case of cash compensation, compensation based on appraisal will be paid; in case of property swap, an AH will select a resettlement house in order of agreement signing, and settle the price difference between the former house and the resettlement house. 4) Non-residential properties on state-owned land Non-residential properties on state-owned land will be compensated for based on appraised price, and an affected entity will also receive compensation for production or business suspension at 6% of the appraised price. 5) Houses with limited property rights The resettlement modes include cash compensation and property swap, where in case of cash compensation, any size of not more than 100 m2 will be compensated for at 5,000 yuan/m2, and any size in excess of 100 m2 at replacement cost; in case of property swap, any size of not more than 100 m2 will be swapped for a resettlement house of the same size, and any size in excess of 100 m2 will be compensated for at a replacement cost. Non-residential properties with limited property rights will be subject to cash compensation only at the same rates as residential houses, where a subsidy for business losses of 200,000 yuan per room and a moving subsidy of 30,000 yuan per 15 m2 will be paid for stores on the Floor 1 in addition to cash compensation. 5. Organizational Structure and Implementation Schedule The IAs of the Subproject include Nan’an District LA Management Office (LA, rural residential houses), Haitangxi Housing Administration Office (residential houses on state- owned land), Danzishi Housing Administration Office (residential houses on state-owned land), and TTG (houses with limited property rights). These agencies are responsible for preparation and coordination at the RAP preparation stage, resettlement at the implementation stage, and subsequent M&E. The affected village/community committees will appoint members to coordinate resettlement. 6. Grievance Redress Mechanism Since the resettlement work is conducted with the participation of APs, no substantial dispute will arise. However, to ensure that APs have a channel to file an appeal on any issue concerning land acquisition and resettlement, a grievance redress mechanism has been established during the preparation and implementation the RAP: 1) Appeal procedure for the acquisition of rural collective land and HD (including houses with limited property rights) This procedure has 5 stages: Stage 1: If an AP is dissatisfied with LA/HD compensation and resettlement, he/she may file an appeal to the Nan’an District LA Management Office or Tushan Town Construction Management Office, which should make a disposition within two weeks. Stage 2: If the AP is dissatisfied with the disposition of Stage 1, he/she may file an appeal to the town government (sub-district office), which should make a disposition within two weeks. 84 Stage 3: If the AP is dissatisfied with the disposition of Stage 2, he/she may file an appeal to the Nan’an District Land and Resources Bureau or Nan’an District Complaint Visit Reception Center orally or in writing. In case of an oral appeal, the accepting agency should handle such appeal and keep written records. Such appeal should be solved within two weeks. Stage 4: If the AP is still dissatisfied with the disposition of Stage 3, he/she may file an appeal to the Nan’an District Housing Administration Bureau after receiving such disposition for arbitration, which shall make an arbitration award within 4 weeks. Stage 5: If the AP is still dissatisfied with the arbitration award of Stage 4, he/she may file a suit in a civil court in accordance with the Administrative Procedure Law of the PRC after receiving such judgment. 2) Appeal procedure for house acquisition on state-owned land Stage 1: If an AP is dissatisfied with the appraised price of its house or in any other aspect, he/she may file an appeal to the Haitangxi Housing Administration Office or Danzishi Housing Administration Office, which shall explain the appraisal result together with the appraisal agency within two weeks. If the AP does not accept the appraisal result, he/she may apply for reappraisal; if he/she is dissatisfied in any other aspect, the housing administration office should give a reply within two weeks. Stage 2: If the AP has an objection to the reappraisal result in Stage 1, he/she may apply for identification with the Chongqing Real Estate Appraisal Expert Committee, which should make a disposition within 4 weeks. If the AP is dissatisfied in any other aspect, he/she may file an appeal to the Nan’an District Housing Administration Bureau orally or in writing. In case of an oral appeal, the accepting agency should handle such appeal and keep written records. Such appeal should be solved within two weeks. Stage 3: If the AP is still dissatisfied with the disposition of Stage 2, he/she may file an appeal to the Nan’an District Housing Administration Bureau after receiving such disposition for arbitration, which shall make an arbitration award within 4 weeks. Stage 4: If the AP is still dissatisfied with the arbitration award of Stage 3, he/she may file a suit in a civil court in accordance with the Administrative Procedure Law of the PRC after receiving such judgment. The APs may file an appeal about any aspect of resettlement, including compensation rates, etc. See Table 8. Table 8 Contact Information of Agencies Concerned Agency Name Title Tel Person responsible Nan’an District LA Management Office Mr. Tu 15310321520 for LA and HD Danzishi Housing Administration Office Ms Huang Civil servant 18725879769 Haitangxi Housing Administration Office Ran Linjie Civil servant 13594299423 Person responsible TTG Chen Jinzhong for reconstruction 13330222566 and demolition of houses with limited 85 property rights Longmenhao Sub-district Mr. Tan Civil servant 15023201005 Shanghao Community Ms Liu Director 15178834794 Lianhua Village Wu Hengzhong Director 13883506996 Luozibao Community Yao Chun Director 15023382387 Nan’an District Land and Resources Bureau Director Hu Office Director 62803003 Nan’an District Housing Administration Bureau Director Li Office Director 62980355 Nan’an District Complaint Visit Reception Center Director Xu Head 62980355 3) Grievance Redress during Construction At the implementation stage, the APs may file an appeal directly to the owner or construction agency, which should make a disposition as soon as possible, but not more than two weeks. The owner or construction agency should keep records on such appeals for future evaluation. 86