SFG3870 V2 REV World Bank financed-Zhejiang Qiandao Lake and Xin'an River Basin Water Resources and Ecological Environment Protection Project Resettlement Policy Framework Of World Bank-financed Zhejiang Qiandao Lake and Xin’an River Basin Water Resources and Ecological Environment Protection Project (Jiande) Jiande Project Management office February 2018 Abbreviations AAOV Average Annual Output Value AH Affected Household AP Affected Person DMS Detailed Measurement Survey FGD Focus Group Discussion LA Land Acquisition M&E Monitoring and Evaluation MLS Minimum Living Security PRC People’s Republic of China RIB Resettlement Information Booklet RAP Resettlement Action Plan PMO Project Management Office Units Currency unit = Yuan (CNY) 1.00 yuan = $0.15 1 hectare = 15 mu I Contents 1 Basic Information of the Project .................................................................................................... 1 2. Objectives, Definitions and Key Principles of Resettlement ........................................................ 7 3. Legal and Policy Framework for affected persons...................................................................... 10 4. Preparation and Approval of Resettlement Plan ......................................................................... 13 5. Resettlement Compensation and Resettlement Rights ................................................................ 18 6. Implementation Procedure .......................................................................................................... 26 7. Resettlement Fund Budget and Arrangements ............................................................................ 29 8. Consultation and Information Disclosure ................................................................................... 29 9. Grievance Procedure ................................................................................................................... 31 10. Arrangements of Monitoring and Evaluation ............................................................................ 32 2 1 Basic Information of the Project World Bank-financed Zhejiang Qiandao Lake and Xin’an River Basin Water Resources and Ecological Environment Protection Project (hereafter referred as “the project�), involves Chun'an County and Jiande City respectively. The project financing plan and economic analysis was reviewed, and it was concluded that Project costs total US$293.46 million over 6 years of implementation period, inclusive of price and physical contingencies, interest during construction, commitment fee, and front-end fee. Project operations will be financed by an IBRD loan of US$150.00 million (about 51 percent of total project cost) and local counterpart funding of US$143.46 million from local governments (about 49%). The Bank loan will be on standard IBRD terms.This RAP is prepared for the feasibility study report of Jiande Sub-project. The sub-project of Jiande City involves 3 towns and 2 sub-districts. The project includes 3 components, namely, Component 1: Landscape Management Improvement. This component will support (a) Low Impact Crop Projection Practice; (b) Waste Management; (c) Forestry Eco-System Protection; (d) Wetland Management; Component 2: Water Resources Management Improvement component. This component will support: (a) Wastewater Management; (b) Water Course Improvement; (c) Portable Water Supplies in Rural Areas; and Component 3: Institutional Capacity Building, Monitoring and Project Management component. This component will finance technical assistance, training, research/studies, extension, awareness raising, monitoring and evaluation, as well as the project management. Jiande to ensure the implementation of the project, the Project leading group has been established in Zhejiang province. The resettlement plan is conducted by Hohai University. At the same time, project management offices （PMOs） have been established at Jiande city and Chun’an county respectively, which are responsible for the preparation of the resettlement plan of each sub project, land acquisition and relocation, implementation management and internal monitoring, etc. The collection and resettlement of rural collective land shall be coordinated by the Bureau of land and resources of the Jiande city, and shall be handled by the township land authorities. Project resettlement organizations and responsibilities are shown in table 1. Table 1Responsibilities of Organizations Number Organization Personnel Tel. 1 Jiande City National Liu Yin 13735838528 Development and Reform Commission 3 Jiande City Agriculture Qian Jianjun 13506811788 Bureau 4 Shouchang Town Xu Xiping 13306537661 Government 5 Hangtou Town Zheng Guangming 13777895640 Government 1 6 Datong Town Wu Xinjian 13429691389 Government 7 Forestry centre Shao Weizhong 13805704501 After identification, the resettlement impacts and the resettlement documents to be prepared for World Bank-financed Zhejiang Qiandao Lake and Xin’an River Basin Water Resources and Ecological Environment Protection Project are shown in Table 1. 2 Table2Resettlement Impact Identification and Required Resettlement Documents to be prepared of the Project Project Name Component Project Village Project Construction Scale and Resettlement Impact Required resettlement Name Town / Parameters documents Community /street Low Impact Bridge Datong Town Yongping 12 bridges reconstructed along Temporary occupation of RAPs have been Crop renovation Qingtan Qingtan River state - owned unused prepared for the Production project Xuhan land, no APs identified component. Practice Forest Fire Xin’anjiang Youyi 13 km Fire emergency access, 10 km Permanent collection of For the other potential Component Emergency Street drainage channel, 8800 m3, retaining collective forest land, conducted components, Corridor Project wall, 40 drainage culvert, 4 public without affecting the this RPF is prepared in toilets. livelihood of the farmers the project preparation Construction Wulong 9 km Fire emergency access road, Permanent collection of phase and a more of including 8.203km main road lasts collective forest land, detailed RAP will be Baolingkeng for, branch line length 0.815km, road without affecting the prepared once they are Reservoir width 4 meters. livelihood of the farmers determined. Central Section of Hangtou Town Ecological Upstream of Nanba The proposed wetland area is the Within the river bank, the wetland project Shouchang upgrading of the natural wetland in existing floating beach, River, Nanba the original floodplain area, with a only involved in the section total area of about 16,247.2 m2 construction period of temporary land, no APs Sewage Shouchang Shanfeng Rough grille and pump station will The construction of treatment plant Town utilize the land acquisitioned in first contents within the phase I phase of the project sewage treatment plant is extension located in a range of project wall, the land was acquisitioned in 2008 Agricultural A total of Organic fertilizer and soil testing Temporary land 3 Project Name Component Project Village Project Construction Scale and Resettlement Impact Required resettlement Name Town / Parameters documents Community /street non-point Datong formula fertilizer promotion; Pest occupation source pollution Town, Hang and disease prevention and control; control project Town and Aquaculture non - point source Shouchang pollution control project; Town, 3 Construction of ecological ditch townships and 75 villages. Plantation Involving a Afforestation, Forest facies Temporary land Restoration and total of 3 transformation, Health management occupation Afforestation towns, 13 villages; two state-owned forest Water River Shouchang Chengdong Ecological embankment Temporary occupation of Resources comprehensive Town improvement, 1.8km (left and right state - owned land Management renovation bank, each is 0.9km) without compensation Improvement project Component: Wulongxi Hangtou Dadiankou 13 ecological weirs with the average Temporary land comprehensive Town Pengjia height about 1.2 meters; 12.2 km occupation, agriculture, management Qianyuan ecological embankment forestry construction, project Wulong improvement, 4.2 km embankment unused land, involving Hangtou ecological restoration, 16.2 km no land acquisition Shimuling embankment greening, 10.3 km Hangchuan drainage channels in forest area, 12 mountain pools; drip irrigation facilities Installation for 1,000 m land Datong Town Datong Town Datong Datong Creek, Fengjia Creek, temporary land Datong Creek, Sancun Qingtan Creek, Zhenyuan Creek 4 Project Name Component Project Village Project Construction Scale and Resettlement Impact Required resettlement Name Town / Parameters documents Community /street Feng Jiaxi, Langjia ecological comprehensive occupation Qingtan Creek, Xuhan management, total length of 35.78 Zhenyuan Creek Xikou km, including river greening, village comprehensive Songxi ecological revetment and so on. management Zhujia project Shangma Zhenyuan Futang Chaoyang Qingtan Panshan 5 According to the resettlement impacts survey, the project involves permanent land acquisition, temporary land occupation, and ground attachments. 2 Project Impacts Jiande Sub-project involves total 5 towns\sub-districts. By using the World Bank loan, the project occupies a total of 199 mu collective forestland. The total affected persons of this project includes 63 households with 196 persons. The project will temporarily occupies 1626.15 mu land. Total 1799 households with 5553 persons are affected by temporary land occupation. The temporary occupied land includes 5 mu of state-owned land (3.01%) and 1621.15 mu of rural collective land (99.69%) respectively. Total 509,200 persons will also be benefited from this project. In general, the resettlement impact of this project is very limited. Nevertheless, there is some state-owned land will be permanently occupied with the changes of project design or the construction sites, in addition, during the construction of this project a lot of construction garbage and earthworks will be generated, which needs garbage piling up or treatment, and the stockyard and temporary sheds were inevitably cause temporary land occupation. To this end, the borrower agrees to take permanent occupation and temporary occupation woks according to the Bank's policies and procedures, when the permanent occupation or temporary occupation is unavoidable. The resettlement policy framework sets out principles and guidance to the implementation of land occupation and resettlement, and guide the preparation and implementation of the subsequent "Resettlement Action Plan" when needed. 6 2. Objectives, Definitions and Key Principles of Resettlement In World Bank-funded project, the borrower shall take all necessary measures to mitigate the adverse social impact of the project, including the negative impact of land occupation. In the World Bank Policy Manual OP4.12, necessary guidance of policy objectives and principles for land occupation, resettlement and other related impacts generated by the project, are provided in the provisions on involuntary resettlement. All reasonable measures shall be taken to avoid or minimize the occupation of land, and reduce all the negative effects associated with land occupation and resettlement. If the land occupation and the corresponding impacts are inevitable, resettlement policy framework is intended to enable all affected populations (see below for the definition of resettlement) can be acquire property and other compensation by the replacement cost (see below for the definition of replacement cost), and provide them with ample opportunity to improve or at least restore their income and living standards, through the appropriate assistance and rehabilitation measures. The scope of physical investigation for the project’s impact is delimited according to the actual cover the scope that design institution delimited, that is, the scope where land occupation or occupation is needed for the construction of the World Bank loans Zhejiang Qiandao Lake and the Xin'an River Basin Water Resources and Ecological and Environmental Protection Projects Loaned by World Bank, whose main construction content include bus priority corridor construction project, public transport infrastructure construction project, traffic management and safety of construction project, road maintenance and construction project and emergency response agencies capacity-building project. Since the project is still in the process of optimizing the design during the resettlement physical survey, engineering institution may also optimize the design of the line, and the data of land occupation and demolition may be adjusted. Project Resettlement Office will ultimately affect the actual data as the basis for the resettlement work. Meanwhile, the effects of any significant change in the project will also be implemented prior to the World Bank report, and explain the reasons for affecting change. If the number the affected increased, the resettlement plan resettlement policy would also apply to the increased affected populations an villages. Project Impact is defined as follows: "Resettlement" refers to those because of the above activities, whose (1) standard of living is to be affected adversely; (2) or ownership, power or interest of any houses, land (including the homestead, agricultural and rangeland), or any other movable or immovable property is to be temporarily acquisitioned or permanently occupied; (3) or other productive capitals is to be temporarily or lastingly effected; (4) or operation, occupation, working or living place, or habit is to be affected adversely; and all people need to be relocated in the definition of "resettlement". "Land acquisition" refers to a person who involuntarily lost the ownership, use right or close opportunity of his land, because of the implementation of the project. Land occupation can lead to a series of related effects, including loss of houses or other fixed assets (fences, wells, graves or other fringe buildings or ameliorating facilities). "Permanent land" means an area of various types of land located within the project, 7 which is need to be permanently occupied; "Temporary land" refers to an area of various types of land, which need to be occupied temporarily during the construction, and would be restored after the construction; "Buildings demolition" refers to all the residential and non-residential buildings within the area of the project, buildings are divided into brick and concrete structure, brick and wood structure, civil engineering structure, simple structure, and so on. "Affected ground attachments" refers to the ground attachments within the scope of the project, which mainly are flowers, trees, cables, poles, etc.; "Affected household" refers to the families or units whose land, buildings, or ground attachments are within the project area, or within the scope of a direct impact; "Affected village" refers to the villages, whose land, buildings, or ground attachments are within the project area,as well as affected by the resettlement; "Affected population" refers to the families and populations affected by resettlement of the project; "Vulnerable groups" refers to those social groups, who become vulnerable, lack of adaptability to changes, and are disadvantaged in society, due to capacity of social participation, social security system, disability, poverty, etc. Vulnerable groups in urban areas are mainly including children, the elderly, the seriously-ill, the disabled, women, low households and so on, low households are low-income population groups, it may cover several types of population above, but it may also cover the unemployed , the poor, laid-off workers, disaster supplicants, etc.; vulnerable groups in rural areas are mainly including children, the elderly, the seriously-ill, the disabled, women, five guarantees1, etc., five guarantees are including the old men with no labor, no source, no legal obligor to support, or legal obligors with no supporting ability, the disabled and minors. "Replacement cost� is defined as follows: For agricultural land, the market price of the nearby land with equal productive potential or use to the affected land, before the project or before the resettlement, the higher one of which, added with standard land acquisition and all the registering and transferring taxes constitute the replacement cost. For land within the city, it is the market price of the land with equal size and use, with similar or improved infrastructure and services, and located nearby the affected land before resettlement, coupled with all the registering and transferring taxes. For housing and other buildings, it refers to the market cost of the materials needed to build a replacement whose geographical and quality is similar or better than the affected one, or to repair some affected buildings, added with the cost of shipping materials to the construction site, labor costs, contractor costs and registering and transferring taxes. In the process of determining the replacement cost, property depreciation and residual value of the material will not be considered, nor do the value of project benefits reduce from the evaluated value of the affected property. If law in the specific country does not meet the standard compensation at full replacement cost, there shall other measures to 1 five guarantees family (the aged, the infirm, old widows and orphans) taken care of by the people's communes in five ways (food, clothing, medical care, housing and burial expenses) ; households enjoying the five guarantees, i.e. childless and infirm old persons who are guaranteed food, clothing, medical care, housing and burial expenses by the communes. 8 complement the compensation provided by national law, so as to achieve the replacement cost standards. Such supplementary aid is different from the resettlement measures provided under “Other� items of paragraph 6 from World Bank's Operational Policy OP4.12. "Placement" refers to the process of providing the affected personnel with adequate opportunities to restore productivity, incomes and living standards. Property compensation is usually not sufficient to achieve full recovery. "Deadline" is a cut-off date, before which, the ownership or use rights of the affected population are eligible for compensation or other assistance. Deadline is usually set consistent with the affected population census date or publicity date of concrete civil works which cause the demolition. People who enter the project area after the deadline are not eligible for compensation or other assistance. World Bank Operational Policy OP4.12 has set the main guiding principles for APs planning and implementation, some principles of which related to this resettlement policy framework are as follows: (1) In any case, when designing a project or a resettlement plan, it should be considered to improve the opportunity for APs to develop, and to make migrants fully benefit from the project activities, services and the construction process of associated facilities. (2) All APs are entitled to get compensation by the loss of property, or equivalent forms of aid instead of compensation; People who are lack of legal rights for the lost property, would not be excluded from the personnel having right to compensation. (3) The compensation rate in the resettlement plan is set for all the collective and individual suffering from property losses, and it is never allowed to discount for or reduce compensation because of depreciation or other reasons. (4) When acquire arable land, land-based resettlement through land redistributing, should be given a total priority to. If arable income accounted for only a small portion of APs’ income, as long as landless APs prefer, you can take the cash compensation or provide them with employment. (5) The replacing housing or homestead, or commercial premises, or agricultural sites of land acquisition, should at least have a equal value as the lost. (6) Shorten the transition period as far as possible, some related compensation should be paid before the residents affected, so that they can build new housings, moving or replace fixed assets; before the actual placement, some measures to mitigate effects of the relocation should be taken. Give APs who was unable to obtain replacing housings some necessary support for the transitional period, until they get the replacing housings. (7) While developing a resettlement planning, consult the resettlement, take their requests and suggestions. Resettlement plan should be announced in the way easy for APs to understand. (8) Maintain or provide better community services and resources after placement. (9) The borrower is responsible for all costs associated with land acquisition and resettlement, and fully meet the financial and material needs in the resettlement and rehabilitation process. 9 (10) Resettlement plan should include appropriate institutional arrangements to ensure effective and timely design, planning and implementation of resettlement and rehabilitation measures. (11) Arrange for effective internal and external monitoring mechanisms for the implementation of resettlement measures. (12) Develop necessary resettlement grievance procedures, and provide them to resettlement. 3. Legal and Policy Framework for APs In this project, for the successful completion of work on LA and Resettlement the policies adopted are relevant to People’s Republic of China, Zhejiang Provincial Government, Local Authorities and World Bank. Table 3 An overview of the Resettlement Policy Framework Time in Policies Force Nationa Land Administration Law of the People’s Republic of China 2004-8-28 l Level Regulations on the Implementation of the Land Administration Law of 1998-12-27 the PRC (Decree No.256 of the State Council) Decisions for Further Reform and Strengthen Land Administration of 2004-10-21 State Council ([2004] No. 28) Guidelines on Improving Compensation and Resettlement Systems for 2004-11-3 Land Acquisition (MLR [2004] No.238) Notice of the State Council on Strengthening Land Adjustment and 2006-8-31 Control (SC [2006] No.31) General Office of the State Council on Forwarding the Notice of the 2006-4-17 Ministry of Labor and Social Security on Improving Landless Peasants Employment Training and Social Security Work (GBF [2006] No. 29) Notice of the Ministry of Land and Resources on Advancing the 2008-6-22 Implementation of the Unified Annual Output Standard and Comprehensive Land Price (GTZF [2008] No. 135) Notice of the Ministry of Land and Resources on Advancing the 2010-6-26 Administration of Land Acquisition Zhejian Measures of Zhejiang Province for the Implementation of the Land 2000-6-1 g Administration Law of the PRC Regulations on the Management of Urban Housing Demolition in 2007-3-29 Provinc Zhejiang Province ial Urban Road Management Method in Zhejiang Province (Decree 2002-10-1 Level No.145 of the Zhejiang People’s Government) Notice on the Issues of Urban Road Occupying and Mining Fee (ZJF 2007-6-1 [2007] No.136) Notice on the Issuance of Rehabilitation Fee for Urban Road 1993-11-1 Excavation in Zhejiang Province (ZJC [1993] No.410) Methods of Land Reclamation in Zhejiang Province (Decree No.33 of 1993-6-9 the Zhejiang People’s Government) Measures for the Transfer of State-owned Land Use Rights in Cities and 1992-3-12 Towns in Zhejiang Province (Decree No.33 of the Zhejiang People’s Government) 10 Time in Policies Force The Implementation Opinions of the People's Government of Zhejiang 2010-1-1 Province on Establishing the Social Insurance System for Urban and Rural Residents (ZZF [2009] No.62) Notice of the People's Government of Zhejiang Province on Adjusting 2014-4-29 and Improving the Policy of Compensation and Resettlement of Land Acquisition (ZZF [2014] No.19) Jiande Notice of the Jiande Government on Supports of Collecting Urban 2003-9-1 Public Infrastructures (JZ [2003 No.28]) City Opinions on the Further Promotion of Land Reclamation Works (JZH 2010-3-3 [2010] No.20) Measures of Forest Right Circulation and Mortgage Administration 2013-5-13 (JZH [2013], No.58) Notice of Adjusting the Basic Endowment Insurance Treatment 2013-5-13 Standard of Landless Peasants (JZH [2013] No.59) Notice on the Policy of Further Clarifying the Policy of Basic 2015-7-15 Endowment Insurance of Landless peasants (JZH [2015] No.101) Notice on Adjusting the Comprehensive Land Price for Land 2014-9-4 Acquisition in Jiande City (JZH [2014] No.119) World Operational Policy OP4.12 on Involuntary Resettlement and 2002-1-1 Bank Appendixes Bank Procedure BP4.12 on Involuntary Resettlement and Appendixes 2002-1-1 The Land Administration Law of the PRC is the main policy basis of the Project. The Ministry of Land and Resources and the Zhejiang Provincial Government have promulgated relevant policies and regulations accordingly. More details of the terms in these policies please see the Table 4. Table 4 Articles of Laws and Policies Items Descriptions of the items Item index 1. change in In order to meet the demands of public interests, the requisiti Property law ownership on of lands owned collectively, prmises owned by entities an Article 42-43 d individuals or other immovable is permitted according to the limits of statutory power and procedures. The requisition of collectively-owned land requires in accordance with the law, the full payment of land compensation fees, relocation subsidies, compensation for the above-ground fixtures of the land and seedlings, etc., the arrangement of social security fees for farmers affected by the land requisition, the guarantee of their livelihood and protection of their lawful rights and interests. No unit or individual can embezzle, misappropriate, Land embezzle, retain, or default the compensations. administration law of the PRC, Article 2 2. Need of occupation of state-owned land for construction for a Regulation on the 11 Items Descriptions of the items Item index Construction specific construction project within the scope of land for Implementation project land urban construction determined in the overall planning for of the Land processing land utilization will be handled pursuant to the following Administration procedure provisions: Law, Article 22 (1) At the time of the construction project feasibility study, the competent department of land administration shall examine the matters relating to land use for the construction project and come up with a report on the preliminary examination of land use for the construction project; at the time of submission of the feasibility study for approval, the report on the preliminary examination of land use for the construction project produced by the competent department of land administration must be enclosed therewith. (2) The construction unit will, on the strength of the relevant approval document of the construction project, file an application for land for construction with the competent department of land administration of municipal or county People's government, the competent department of land administration of the municipal or county government shall examine the same, draft a land provision plan and submit it to the municipal or county People's government for approval; where approval by People's government at the next higher level is required, it should be submitted to the People's government at the next higher level for approval. (3) Municipal or county People's government shall, upon approval of the land provision plan, issue a certificate of approval for land for construction for the construction unit. In the case of paid-for use of state-owned land, the competent department of land administration of municipal or county people's government will conclude a contract on the paid-for use of state-owned land with the land user; in the case of appropriation for use of state-owned land, the competent department of land administration will verify and issue a certificate of decision on the appropriation of state-owned land. (4) The land user will file an application for land registration according to law. 3. temporary Where land owned by the State or by peasant collectives Land land needs to be used temporarily for construction of projects or administration occupation for geologic prospecting, the matter will be subject to law of the PRC, approval by the land administration department of a People’s Article 57 government at or above the county level. However, if the land 12 Items Descriptions of the items Item index to be temporarily used is located in the area covered by city planning, the matter will be subject to agreement by the city planning administration department concerned before it is submitted for approval. The land user shall, depending on who owns the land and who has the land-use right, enter into a contract for the temporary use of the land with the land administration department concerned, or the rural collective economic organization, or the villagers’ committee, and pay compensation for it in accordance with the provisions of the contract. The temporary land user will use the land for purposes stipulated in the contract for temporary use of the land and may not build permanent structures on it. Generally, the period for temporary use of land will not exceed two years. The main WB resettlement policies is OP4.12 "involuntary APs" and BP4.12. The World Bank's Policy Objectives (a). Explore the feasible project design proposal to avoid or minimize the involuntary resettlement as much as possible; (b) If the resettlement is unavoidable, the resettlement activities should be designed and implemented as a sustainable development program. An adequate funds should be available to enable the affect persons benefit from this project. Consultation should be carefully made with the affect persons, so that they can participant in the process of the planning and implementation of resettlement plan. The affect persons should be supported to improve their livelihoods and living standards, at least, to recover their living standard before the resettlement. (c) The affect persons should be supported to improve their livelihoods and living standards, at least, to recover their living standard before the resettlement. Measures as Required Borrower shall prepare for a RAP or resettlement policy framework, which covers the following: RAP or resettlement policy framework includes measures to ensure that APs are informed about their resettlement issues options and other rights; understanding feasible plans from technical and economical perspective, , participate 13 the consultation, and enjoy the opportunity of choice; according to full replacement cost, obtain prompt and effective compensation to offset the direct property loss caused by the project. If the impacts include physical relocation, the RAP or resettlement policy framework should take appropriate measures to ensure that APs can got assistance (such as relocation compensation); and to be provided housing or housing sites, or agricultural sites as required. Production potential of agricultural production sites, location advantages, and other factors which are at least equivalent to the advantages of the old site. To achieve the policy goals, the RAP or resettlement policy framework should also take measures when necessary, to ensure that after the resettlement, the restoration of livelihoods and standards of living, during this transitional period, can provide sufficient assistance to APs; Apartment from mentioned above,, APs are expected to get other assists like the development of the credit, training or employment opportunities. . The Main Difference between World Bank’s policies and between Chinese’s law Land resettlement compensation Difference: the WB's policy demand compensation should be enough to offset any loss of income and restore long-term earning potential. Chinese standards are based on annual production. Solution: early solution is to provide replacement land, but are less likely to practice. Cash is the first choice for most people, even though they cannot ensure reasonable use of these compensation. As a result, the WB needs further technical support, for severely affected, especially vulnerable groups to monitor household income, while the local government to help people who need help. Compensation resettlement for vulnerable groups Difference: the WB's policy is to give full compensation for special vulnerable groups, especially those facing poverty seriously affected households. Chinese regulations do not require social analysis, therefore compensation based solely on the number of losses. Solution: Special funds are available to assist the vulnerable groups, and they will be determined during the detailed measurement survey. Various measures have been stipulated in the RAP. Consultation and disclosure Difference: the WB's policy demand all the affected staffs fully informed, and negotiate with them as soon as possible. The regulation of China has improved the 14 transparency of the notice and compensation. However, affected by personnel's role in project decision-making is not strong, usually released period is too short. Solution: negotiation has begun at an early age. Project department agreed to publish RAP according to the requirements of the bank to the associated affected personnel. Lack of legal rights Difference: WB policy requires all demolished buildings, whether they are legal or illegal, should be compensated in accordance with the same standards. According to Chinese law, a man without a local registered residence may not have and the local people have the same right to compensation. In addition, the current Chinese laws for illegal acquisition of land and house owners without compensation. Solution: For the WB loan project, all lawful and unlawful affected people, regardless of ownership or have the right to use, will be protected. In accordance with the requirements of the WB, will help. Resettlement monitoring, evaluation and reporting Difference: WB requirements for internal and external resettlement monitoring. But China's laws have no such requirement except for reservoir project. All WB projects have established internal and external resettlement monitoring systems, which are written in the RAP. The external and internal reporting requirements have specific provision in the RAP. Policy Principles The project mainly occupies the rural collective woodland, which the livelihoods of the APs will not be damaged. The principles for compensation and resettlement have been developed in accordance with the regulations and policies mentioned above, with the aim of ensuring that APs obtain sufficient compensation as the role of ‘replacement price’, and negative feedbacks of the LA can be avoided. Moreover, assistance measures will be implemented to ensure that their production and livelihoods are at least restored to pre-project levels. ➢ Involuntary resettlement will be avoided if anywhere feasible ➢ APs can obtain sufficient compensation as the role of ‘replacement price’. ➢ Opportunities will be provided to the APs to participate in the planning and implementation of the RAP. ➢ Assistance measures will be implemented to ensure that the production and livelihood of APs are at least restored to pre-project levels. 15 4. Preparation and Approval of Resettlement Plan Preparation and execution of Resettlement Plan (including the payment of various fees related to resettlement) shall be played by the borrower (including meeting all the expenses associated with the resettlement). People's Government ofJiande City is the agency assume full responsibility for the project implementation. If necessary, the borrower will do possible coordinating works through project management agency, to ensure the preparation of effective resettlement plan and its implement. Resettlement plan should be designed associated with regional construction, social-economic development and environmental protection, fully embodying the sustainability of development of local economy and the affected persons. Account of local natural and social-economic situation, formulate feasible resettlement plan, restore production and living standards of APs effectively, and to maintain sustainable development. Once it is sure that the land acquisition is inevitable during the implementation of the project, and the involuntary resettlement is necessary, and the amount of land expropriation and resettlement impacts is identified, it is time to begin to prepare and submit the appropriate resettlement report files to the World Bank, such as resettlement plan, a brief resettlement plan or resettlement due diligence reports. Only until these documents passed through the examination by the World Bank, can the project office and project implementation unit start the implementation of land acquisition, house demolition and resettlement activities. In the preparation process, should fully consult with resettlement’ advice, so that they have the opportunity to participate in the design and implementation of the resettlement plan. Preparation of the resettlement plan aimed at ensuring that resettlement have ample opportunity to reset their lost property, and improve or at least restore their original income levels and living standards. To achieve these goals, it is necessary to ensure that all resettlement are to be identified, and ensure that all the resettlement think the remedial measures of resettlement plan are justified. Taking into account the main affected types (such as land expropriation and occupation, residential housing demolition (including rural areas and urban areas), non-residential housing demolition (including enterprises and shops), etc.), usually take the following measures: Ⅰ. Resettlement who lose agricultural land will be entitled to get the following types of compensation and rehabilitation measures: provide land compensation fee and resettlement subsidy to the directly affected people; directly affected people get all the young crops compensation fees. Ⅱ. The resettlement of houses and appurtenances demolition can get the following compensation and rehabilitation measures as the following: to provide replacement housing with the same value; to be compensated at the price of full replacement cost; compensated by reconstruct or restore all of the facilities and services( such as roads, water supply, electricity, telephone, cable television, schools, etc. ); Compensation for transition period should be able to ensure the removal of all the property or obtain temporary housing. Ⅲ. Resettlement who lost their business income (or employment income) will be 16 entitled to enjoy the following rehabilitation measures: Mitigation measures taken for APs who lost their revenue include: A. Provide alternative commercial points with customers’ source as the same or similar size; B. Give cash compensation to the owner at full replacement cost of house and all the facilities; C. provide transitional compensation for all expenses associated with the removal and damaged sales during the no-open the period; Mitigation measures taken for APs who lost their employment income include: A. Provide alternative employment opportunities with the same wage; B. Provide cash compensation for damage to wages, equivalent of at least three years; C. provide excessive subsidies, re-employment training or resettlement for APs, or take other necessary measures to help them get new jobs. Ⅳ. Preparation of resettlement plans should include the entitlement Matrix of the affected persons. Resettlement plans should be based on the time period it may take for APs to restore their livelihoods and standards of living, estimate a reasonable time of the transition period, and ensure that resettlement get help during this transition period. Borrowers should identify and enumerate the personnel suffered from subprojects’ land expropriation, demolition and other matters through census, and decide which people are eligible to receive assistance, and to prevent the influx of unqualified personnel; and identify the scope and extent of negative impact within the affected areas through social-economic surveys. Census must cover all directly affected populations, while social-economic survey can take sample survey. Census and socio-economic surveys conducted separately or simultaneously, depends on whether a comprehensive resettlement plan or a brief resettlement plan is needed to formulate (brief resettlement plan refer to the World Bank operational policy 4.12, Annex A). When the number of people affected reaches more than 200 people, a comprehensive resettlement plan shall be formulated. If the entire AP groups are affected somewhat little, or affect fewer than 200 people, you can develop a brief resettlement plan. If the affected person does not require relocation, and the loss of production is less than 10 %, then it is considered as " affected somewhat little". If you need to develop a resettlement plan, you should follow the principles, plans and implementation arrangements of this policy framework of resettlement. Resettlement plan should be developed on the basis of accurate results of census and social-economic survey, and develop mitigation measures to relieve all kinds of negative impact caused by resettlement (such as, compensation fee for property damages, transitional assistance, economic rehabilitation assistance). In order to ensure that relocation, or restriction of resources and assets do not occur before necessary resettlement measures to be implemented, the implementation of resettlement activities shall be associated with the implementation of projects’ investment. For various types of negative impact, special attention should be paid to the following items: A. Description of the activities causing land acquisition; B. Scope and extent of the potential negative impact; C. Results social-economic survey and census; D. Review of laws and regulations relevant with land acquisition and resettlement; 17 E. Specific compensation rate of all categories of affected property (or other alternative methods); F. Take any other necessary measures in place to provide opportunities for APs to restore income; G. Compensation and other assistance eligibility criteria; H. Replacement arrangements, transitional assistance measures shall be included when necessary; I. If necessary, select and prepare resettlement sites; J. Restore or reconstruct infrastructure and services of the community; K. Organizational arrangements for implementation; L. Arrangements for consultation and information disclosure; M. Resettlement implementation schedule; N. Cost and budget; O. Arrangements for monitoring and evaluating; P. Complaints handling procedures; Q. Summary equity table. If you need to develop a brief resettlement plan, should also follow policy principles, plans and implementation arrangements of this resettlement policy framework. Should include at least the followings: A. Census on the affected populations and assessment on affected property; B. Provide a description of compensation and other resettlement assistance (measures); C. Qualified Compensation standard; D. Arrangements for consultation and information disclosure; E. Organization arrangements for the implementation; F. Schedule and budget; G. Monitoring and evaluation arrangements; H. Complaints handling procedures; Any resettlement plan prepared in accordance with the resettlement policy framework requires review and approval of the World Bank, before signing the civil engineering contract which cause the relocation. 5. Resettlement Compensation and Resettlement Rights According to the existing World Bank’s, national, provincial and municipal relevant legal framework, combined with the actual situation in Jiande, formulate compensation standards of the various impacts of the project. Deadline for APs qualification is the time when notice of land acquisition and resettlement release. After this date, persons shall not build, expand and rebuild houses; may not change the housing and land use; shall leasehold land and rental and sale of housing, and the influx people after this date won’t have the eligibility for compensation. All affected persons are eligible for compensation and/ or other forms of assistance, the specific details are determined by the nature of their impact. Generally, people who are eligible for compensation will include the populations affected by the following ways: 18 Permanent expropriation of land because of the project: including A) villagers with formal land use rights in the affected villages, and B) villagers from other villages farming on leased land in the affected villages. Class A displaced persons are entitled to be compensated at the replacement cost. Class B displaced persons are entitled to be compensated for the loss of crops and buildings. Lost their houses, other buildings and fixed assets, including trees and crops harvested: owners of the houses and other assets (no matter they held land use rights or building permit before the deadline or not). Losses related to temporary effects: including temporary loss of land, resettlement- related transitional costs, or disruption to the business during construction. Resettlement plan is designed to ensure resettlement have ample opportunity to reset their lost assets, improve living standards, or at least restore their income and living standards. To achieve this goal, it is necessary to confirm resettlement (eligibility), and ensure that all resettlements are eligible to get resettlement assistance referred in the resettlement plan. Particularly, the affected persons will be entitled to the following types of compensation and resettlement measures. (a) Compensation standards for permanent land Based on the resettlement intention, after a thorough consultation with the affected village and the APs representative during social and economic investigations, different resettlement and income recovery schemes were identified. The specific means of resettlement and restoration measures are as follows: Monetary compensation and distribution This project will provide monetary compensation for land expropriation by affected villages and affected farmers, according to the "on the adjustment of Jiande City area levy comprehensive price standard notice" (government letter [2014]119), the influence of the village by land project in LA compensation rates is shown in Chapter 5. The land compensation fee will be paid directly to the landless farmers. Young and ground attachments compensation are paid directly to the LA farmers. In this project, only collective woodland is collected, the livelihood of the villagers is not affected. The LA farmers can be engaged in agricultural and non-agricultural activities after receiving the compensation money. This project compensation funds will be paid through the bank card account rather than cash. The payment needs 3 signatures of both of the couples who receive the money and 1 from the village leader. The benefits of the three signatures is to avoid the risk of withheld or embezzled of compensation funds on the one hand. On the other hand, it can ensure awareness of women on compensation funds. (b) Resettlement for affected populations Ⅰ. Affected populations who lose agricultural land a) The priority mechanism of compensate for the loss of agricultural land is to provide a replacement land that not only has the equal production capacity but also 19 satisfied by the affected population. If you are unable to find a satisfactory replacement land, you can provide compensation by replacement cost. If the resettlement don’t consider replacement land as the priority program, or the provided land will adversely affect the sustainability of parks or nature reserves, or sufficient land cannot be get at a reasonable price, in addition to cash compensation for the loss of land and other properties, resettlement programs like opportunities for employment or self-oriented living should be provided at the same time. The lack of adequate land, shall be demonstrated and documented in accordance with the requirements of the World Bank. b) The affected population shall get compensation for the unharvested crops at the market price, the economic trees shall be compensated at the net present value, for other fixed assets (ancillary buildings, wells, fences, irrigation correctional facilities) shal be compensated at the replacement cost. c) Temporary use of land would be paid compensation, the compensation rate is related to the using period, and the land or other assets will be restored to the condition before using, and the owner or user is not required to bear the cost of restoration. Ⅱ. Affected population who lose their buildings a) Affected population who lose their buildings, can get either kind compensation (by replacing the same size of construction land and housing, which is satisfactory to the affected people), or cash compensation at replacement cost. For demolition of houses on rural collective land, homestead for housing reconstruction with the same conditions in the neighboring areas should be provide, as well as cash compensation at full replacement cost; or directly provide resettlement housing for the affected people to choose, and clearing houses spreads; for the levy of housings on the state-owned land, the imposed are supposed to select a qualified real estate appraisal company through negotiation, to assess the market value of the property, on the basis of that, decide the compensation and resettlement programs, the levy should also provide the imposed with replacement housing to choose, the spreads between resettlement housing and the original housing shall be cleared. b) If the remaining residential land is not sufficient to rebuild or restore other structures housing with the same size or value, after some of the land is acquisitioned, required by the demolished population, the whole construction land and buildings shall be levied at replacement cost. c) For fixed assets, the compensation shall be paid at replacement cost. d) Tenants living in rental housing shall consult with the owner for the compensation for the losses arising from termination of the lease contract, and they are entitled to the help with finding new houses and relocation expenses from the borrower. Ⅲ. Affected populations who lost their business Related compensation for loss of business, including: (a) provide replaced land for business with the same size, same customer accessibility, and satisfactory to the resettlement; (b) provide cash compensation for the losses of business buildings; (c) transitional support for the income losses during the transition period (including wages); and (d) the relocation costs. 20 Ⅳ. Vulnerable groups Projects involving vulnerable populations, including the elderly, the disabled, and women-headed households, should be identified confirmed in the census. All the compensation and resettlement provisions for affected personnel are applicable to this population. In addition, vulnerable populations will also enjoy additional assistance, in order to ensure that the implementation of the project makes their income and living to restore or improve. Ⅴ. Minority Resettlement issues of Minorities are particularly complex, resettlement activities may cause adversely negative effects on their identity and cultural continuity. Therefore, the borrower should explore all viable alternative project designs to avoid the actual resettlement of these groups. If the resettlement cannot be avoided, resettlement strategies based on land should be worked out for these groups, which shall also be developed by consulting with the minorities fully, so as to be in accordance with the cultural identity of the affected Minorities. Ⅵ. Infrastructure and services For the affected communities, restore or replace the infrastructure (such as water, roads, sewage systems or electricity) and community services (such as schools, clinics or community centers) free of charge. If the new resettlement sites have been settled, provide the removed with infrastructure and community services equal to the local free of charge. Create community organizations adapt to the new environment according resettlement’ wiling. Try to save the existing social and cultural systems of the resettlement and the resettlement community as much as possible, respect for APs’ willing about whether to relocate to the preexisting communities and groups. 21 Table 5 Entitlement matrix Nu Impac Project Impacts degree Affected Compensation and resettlement policy Compensation standard mb ts person ers type 1 Perma HangTou Rural collective 33 Cash compensation Arable land compensation fee: nent Town Forest land 199 mu househol 24000 yuan / mu; green crop acquis road ds with compensation fee: 1600 yuan / ition engineering 108 mu of arable land； of persons collec tive land 2 Temp Datong Temporary The temporary use of state-owned land in the land where the city and The temporary occupation of orary Town occupation of county land administrative departments for approval. The temporary state-owned land in this project is occup Bridge state owned land use within the urban planning area will be approved by the free to use. The ground ation reconstructio land 5 mu relevant administrative department of urban planning before approval. attachments will be compensated of n project The land user shall according to the ownership of land, and land in accordance with the state administrative departments signed the contract for the temporary use replacement price or the PIU will owne of land, and pay the temporary use of land compensation fees be responsible for the restoration d land according to the contract, temporary land will use the land according according to their original to the use of temporary land use contract, shall not build permanent construction standards and the structures. After the temporary use of land expires, the temporary land original scale use units and individuals are responsible for the restoration of the 22 original use of the land; the loss cannot be restored, and will bear the corresponding economic compensation responsibility. Temp HangTou Temporary 16 The project construction unit in accordance with the temporary land Green crop compensation fee: orary Town Forest occupation of househol compensation policy of the local government, should give the 1600 yuan / mu of arable land in occup road collective land ds with compensation to landowners to be able to plough and sow,; Young general; the construction project ation engineering 6 mu 79 crop compensation fees should be paid to the land contractors. will be completed by the PIU of persons responsible for the restoration of collec the original size, according to the tive original standard land HangTou Temporary 20 The project construction unit in accordance with the temporary land Green crop compensation Town New occupation of househol compensation policy of the local government, should give the land fee:1600 yuan / mu of arable land ecological collective land ds with compensation to landowners to be able to plough and sow, young crop in general; the construction 13 weirs 6 mu 62 compensation fees should be paid to the land contractors. project will be completed by the persons unit responsible for the restoration of the original size, according to the original standard HangTou Temporary 30house The project construction unit in accordance with the temporary land Green crop compensation fee: Town occupation of holds compensation policy of the local government, should give the land 1600 yuan / mu of arable land in Ecological collective land with 95 compensation to landowners to be able to plough and sow, young general; the construction project transformati 5 mu persons crop compensation fees should be paid to the land contractors. will be completed by the unit on of dyke responsible for the restoration of 10.2 km the original size, according to the original standard HangTou Temporary 19house The project construction unit in accordance with the temporary land Crop compensation fee: 1600 23 Town occupation of holds compensation policy of the local government, should give the land yuan / mu of arable land in Ecological collective land with 61 compensation to landowners to enable them to plough and sow,; general; the construction project restoration 3mu persons young crop compensation fees should be paid to the land contractors. will be completed by the unit 4.2 km responsible for the restoration of the original size, according to the original standard HangTou Temporary 34house The project construction unit, in accordance with the temporary land Crop compensation fee:1600 Town New occupation of holds compensation policy of the local government, should give the land yuan / mu of arable land in forest collective land with 106 compensation to landowners to enable them to plough and sow; young general; the construction project drainage 5 mu persons crop compensation fees should be paid to the land contractors. will be completed by the unit ditch 16.2 responsible for the restoration of km the original size, according to the original standard Ecological Temporary 1783 The project construction unit in accordance with the temporary land Crop compensation fee:1600 comprehensi occupation of househol compensation policy of the local government, should give the land yuan / mu of arable land in ve treatment collective land ds with compensation to landowners to enable them to plough and sow; young general; construction projects of Datong 1576.15mu 5474 crop compensation fees should be paid to the land contractors. completed by the unit to be Creek of persons restored according to the original Datong standard, the original size Town 3 Affect All The affected infrastructure and ground attachments will be At full replacement price ed Component compensated by the PIU according to the replacement price; the Groun property right unit will be restored to its original structure, or the PIU d will be restored to the original standard and the original scale Attac 24 hment s 4 Affect 2902 1) have priority in employment; ed females. 2) receive agricultural and femal nonagricultural skills training; 3) es receive resettlement information and participate in public consultation; 4) attend a special FGD for women to improve resettlement awareness; and 5) have the right to sign the compensation agreement. 5 Griev Compensatio All APs Free; all costs so reasonably incurred will be disbursed from the ances n rates, contingencies and payment and appeal resettlement s measures 25 6. Implementation Procedure Resettlement plans should include detailed implementation schedule of all the required activities. Payment of compensation fees, other recovery measures (in cash or otherwise), and other necessary resettlement activities, should be completed at least one month prior to the expropriation. If you cannot pay all the land compensation fees before expropriation, or cannot provide other necessary assistant measures, then you should provide the necessary transitional compensation. Meanwhile, in the implementation process of the land acquisition and resettlement, the basic legal procedures following should be followed. Ⅰ. General resettlement program for land acquisition and demolition on collective land The 20th article of "Implementation Regulations of the Land Administration Law of PRC" says that, within the area of construction land determined by the master land usage plan, expropriation of land without urban planning, shall be dealt in accordance with the following provisions: A. City and county government develop agricultural land conversion program, cultivated land supplement program, land acquisition program in accordance with the annual land use planning, escalate to the People's Government with approval authority in batches. B. Land administrative departments of the people's government with approval authority shall view on the agricultural land conversion program, cultivated land supplement program, land acquisition program, provide review comments, and report it to the government for approval; among which, cultivated land supplement program shall be approved along with the agricultural land conversion program by the same government. C. When agricultural land conversion program, cultivated land supplement program, and land acquisition program have been approved, the municipal and county governments organized and implemented, providing land according to specific construction projects. Article 25 requires that, once the land acquisition program is approved according to the law, the people’s government of the city or county, where the acquisitioned land locate, shall organize the implementation, and announce the authority approving the land acquisition, approval number, use, scope and area, of the requisition land, compensation standards for land requisition, resettlement methods of agricultural personnel, and deadlines of compensation, etc. within the villages where the land expropriation takes place. The owner or user of the acquisitioned land shall go to designated land administrative departments of the people's government to get registration for compensation, bringing the ownership certificates. City and county people's government administrative departments of land, under the approved land expropriation program, in conjunction with relevant departments to 26 develop land compensation and resettlement program, and announce it in township (town) and village where the land is to be acquisitioned, and listen to the rural collective economic organizations and peasants whose land is to be acquisitioned. When land compensation and resettlement program have been approved by the city and county government, the land administrative departments of the municipal or county government shall organize the implementation. If there is objection to the compensation standard, it shall be coordinated by the people's governments above the county level; when coordination fails, it shall be decided by the People's Government approving the land expropriation. Land acquisition fees shall be paid in full within 3 months since requisition compensation and resettlement program approved. Ⅱ. general procedure of levy housing on the state-owned land According to "Regulations on levy and compensation for the housing on state- owned land", when levy housing on the state-owned land during this project, it will follow the main basic procedures: A. Reference to the statutory conditions and procedures, make housing levy decision B. Publish housing levy notice and announcement of recovering the use right of state-owned land C. Select a qualified assessment agencies, to carry out house valuation, and public the assessment results D. Sign the agreement on housing levy compensation E. Announce the compensation cases, establish the acquisition files F. Remove the levy housing, and transfer the acquisitioned land During the preparation and implementation process of RAP, public participation is encouraged. But some unforeseen problems may occur during the whole process. In order to solve the problem effectively, ensure the successful implementation of the project construction and LA. The PMO has established a transparent and effective complaint and grievance procedure. The following grievance procedure will be followed. ➢ Stage 1: If the APs are dissatisfied with the RAP, the APs can express their opinions to the "Farmers’Group of supporting Zhejiang Qiandao Lake and Xi’an River Basin Water Resources and Ecological Environment Protection Project" and the group will make timely feedback within 2 weeks; ➢ Stage2: If APs were no satisfied with outcomes, they can put forward an oral or written complaint to the village committee; if it is an oral complaint, it will be handled and kept as written record by the village committee. Village committee will solve it in two weeks. ➢ Stage3: If APs still fell dissatisfied with the decision of the stage 2, they can put forward grievance to county PMO after receiving the decision. And county PMO 27 will solved it in two weeks. ➢ Stage4: If APs still fell dissatisfied with the decision of the county PMO, they can put forward grievance to district People’s government after getting the decision. ➢ Stage5: If APs still fell dissatisfied with the decision of the county PMO, they can put forward grievance to city project IA after receiving the decision, or they can go to the civil court according to the Civil Procedure Law. APs can put forward grievance in any terms, including compensation rates and so on. Grievance procedure and channel mentioned above will be told to APs by manners such as meeting, notices and issuing of information booklet to ensure APs fully understand their right of grievance and how to conduct it. At the same time, multi-media will be used to make the APs know what they need to know, and the opinion and suggestions from all terms will be arranged to information advocacy, then researched and handled in time by resettlement agency at all levels. All agencies will accept complain and grievance of APs at free, reasonable fee because of these activities will be paid by contingencies of the total budget. During the whole construction process, the grievance procedure will be effectively to ensure APs can use it to solve relevant problems. 28 7. Resettlement Fund Budget and Arrangements Jiande City People's Government will bear all the costs related to land acquisition and resettlement. Any resettlement plan consistent with the resettlement policy framework must include estimated cost and budget. No matter whether they are identified as resettlement during the resettlement planning stage, no matter whether the funding is adequately in place, all the people affected by the project land acquisition and relocation are entitled to obtain compensation or enjoy other appropriate mitigation measures. For the reasons above, the resettlement program budget should include unforeseen costs, which is usually account for 10% or more of the total budget expected for the resettlement, in order to meet unforeseen resettlement matters. Resettlement compensation standards identified in the plan provides the basis for the calculation of resettlement compensation costs. Resettlement compensation fees shall be paid in full to the individual or collective suffering from loss of land or other property, for no reason can anyon discount on these compensations. The procedures through which the compensation fees goes from Jiande People’s Government to the affected community residents, units, and related stakeholders, should be described in the resettlement plan. The basic principle is that capital flows must be as direct as possible, to minimize the coordination, arbitration and other intermediate link. 8. Consultation and Information Disclosure Resettlement plan must describe the measures taken or to be taken, let the affected people to participate in the proposed resettlement arrangements, cultivate their sense of participation in the activities to improve or restore their livelihoods and living standards. To ensure that affected people's opinions and suggestions can be fully considered, public participation should be taken prior to the project design and the implementation of ease measures. Public participation must be conducted throughout the entire process of resettlement plan the planning, implementation, and external monitoring. In the preliminary and final stages of the resettlement plan, the project office should public the resettlement plan to the affected people and the general, at the specific occasion of the project site, in the specific language. Draft resettlement plan shall be public at least 1 month before the World Bank’s assessment. After the World Bank's approval, the final draft of resettlement plan must public again. While the public participation in this project, and the publish of the resettlement plan, the policy framework is also sought the views of affected people, as well as being public in the affected communities / villages. In the resettlement policy formulation, planning and implementation stages, great importance should be attached to resettlement’ participation and negotiation, take use of social-economic surveys, social impact assessment surveys and other opportunities, widely publicize and present resettlement policy of the project through various methods, solicit opinions from types of the affected population. Through extensive public participation, coordination, and communication, the local government, the affected village collectives, and the affected populations have fully understood the potential impact of the project, resettlement policies, and income restoration programs. 29 Participation of those affected and consultation with the affected is the starting point of resettlement activities, through consultation can help the project implement smoothly, and it is the necessary method to achieve the resettlement and rehabilitation objective. Resettlement plan must describe the measure taken to consult with the resettlement, to provide resettlement and their communities or their resettlement community with related information timely, to encourage resettlement and resettlement area residents to participate in the planning, and to provide them with opportunities to participate in the planning, implementation and monitoring of resettlement. Provide necessary infrastructure and public services In the new resettlement sites or communities, in order to improve, restore or maintain the facility utilization and service levels existing in the resettlement or resettlement communities. Established for these groups through appropriate and accessible grievance mechanisms to improve and increase their wages and income status. In order to ensure full consideration of the affected person's opinions and preferences, consultation should be taken before the project design and mitigation measures are determined. Through external monitoring (see below), make public participation go throughout the implementation process of resettlement plan. Project Resettlement Office and local resettlement agencies may adopt the following procedures and methods to encourage participation and consultation of affected population: Ⅰ. Promote resettlement information To ensure that the affected areas and local government fully understand the details of the resettlement plan, and compensation and resettlement plan of each subproject, the project resettlement office shall summarize and post all the resettlement information approved by the World Bank in the affected area, or release them via radio, television, or online media, and made them into information booklet to distribute to every AP. The main contents of resettlement information include: all the losses of property; compensation standards; compensation fees and resettlement policy; AP rights; feedback and grievance channels, etc. The cut-off date will be publicized to all affected persons, groups and stakeholders before impact survey. The RPF will be translated into local language and disclosed among the stakeholders and in the Bank’s Infoshop. Ⅱ. Hold a public consultation meeting According to the actual situation of the land acquisition and demolition, project resettlement office irregularly organize consultation meetings with the affected population. Each meeting should invite representatives of vulnerable groups, especially women, and should be monitored by external independent monitoring agency. And propaganda the project content, progress and resettlement policies through television, radio, newspapers, Internet, etc. Ⅲ. Hold a hearing Ⅳ. Hold the villagers’ congress Project Office should also publicize draft and final versions of the resettlement 30 plan to the resettlement and the public within the project area, and distribute them in the easy accessible place. The usual places for the publicity of Resettlement plan can be the public library, the villagers’ activity room of the affected village committee, government public information website, etc. whose language should be easy to understand. Draft resettlement plan should be publicized one month before submitting to the World Bank for approval, and the final version can be publicized after World Bank’s approval. 9. Grievance Procedure During the preparation and implementation process of RAP, public participation is encouraged. But some unforeseen problems may occur during the whole process. In order to solve the problem effectively, ensure the successful implementation of the project construction and LA. The PMO has established a transparent and effective complaint and grievance procedure. The following grievance procedure will be followed. Stage 1: If the APs are dissatisfied with the RAP, the APs can express their opinions to the "Farmers’ Group of supporting Zhejiang Qiandao Lake and Xi’an River Basin Water Resources and Ecological Environment Protection Project" and the group will make timely feedback within 2 weeks; Stage2: If APs were no satisfied with outcomes, they can put forward an oral or written complaint to the village committee; if it is an oral complaint, it will be handled and kept as written record by the village committee. Village committee will solve it in two weeks. Stage3: If APs still fell dissatisfied with the decision of the stage 2, they can put forward grievance to county PMO after receiving the decision. And county PMO will solved it in two weeks. Stage4: If APs still fell dissatisfied with the decision of the county PMO, they can put forward grievance to district People’s government after getting the decision. Stage5: If APs still fell dissatisfied with the decision of the county PMO, they can put forward grievance to city project IA after receiving the decision, or they can go to the civil court according to the Civil Procedure Law. APs can put forward grievance in any terms, including compensation rates and so on. Grievance procedure and channel mentioned above will be told to APs by manners such as meeting, notices and issuing of information booklet to ensure APs fully understand their right of grievance and how to conduct it. At the same time, multi-media will be used to make the APs know what they need to know, and the opinion and suggestions from all terms will be arranged to information advocacy, then researched and handled in time by resettlement agency at all levels. All agencies will accept complain and grievance of APs at free, reasonable fee because of these activities will be paid by contingencies of the total budget. During the whole construction process, the grievance procedure will be effectively to ensure APs can use it to solve relevant problems. 31 10. Arrangements of Monitoring and Evaluation Resettlement monitoring and evaluation is on: (1) the national resettlement laws and administrative regulations; (2) World Bank Operational guidelines; (3) legal documents directly related to the project, such as the resettlement plan with mutual recognition of both the World Bank and the project owner. Principles of resettlement monitoring and evaluation include: (1) periodic surveys to understand and evaluate the situation of the implementation of the Resettlement Action Plan; (2) collect data and analyze data accurately, ensure the accuracy of the monitoring and evaluation results; (3) evaluate the implementation of the resettlement plan scientifically, objectively, and impartially; (4) report to the project owner and the World Bank timely, to enable them to keep abreast of the progress of the project and make scientific decisions. Internal monitoring should generally cover the contents as follows: (1) Organizational structure: resettlement implementation and related institutional settings and division, resettlement staffing agencies, resettlement institutional capacity- building; (2) Resettlement policy and compensation standards: development and implementation of resettlement policy; actual implementation of the compensation standards for various types of losses. It should be said particularly whether it is implemented in accordance with standards provided in the resettlement plan. If there is some changes, it is necessary to explain the reasons; (3) Land acquisition and implementation schedule of resettlement activities; (4) Resettlement budget and its implementation; (5) Production and living restoration for APs: the main resettlement measures for rural APs (land adjustment, by developing new land, providing enterprises and institutions working opportunities, self-employment, pension insurance , etc.), the number of the persons, resettlement for shops and enterprises demolition, resettlement of vulnerable groups (minorities, women families, elderly families, disabled, etc.), land reclamation of temporary occupied land, resettlement effects, etc.; (6)Housing reconstruction and living restoration of APs: resettlement ways and resettlement destinations for rural resettlement, homestead distribution and arrangement, housing reconstruction forms, "three dredge one pave" work for homestead, payment of compensation funds, public utilities (water, electricity, road, commercial outlets, etc.) supporting, relocation, etc.; urban resettlement, resettlement sites, housing construction, selection and allocation of new housing, construction and relocation of public facilities, reconstruction and distribution of commercial shops, reconstruction and distribution of enterprises and housing; (7) The restoration and reconstruction of industrial and mining enterprises, institutions, shops, city (set) town and all kinds of special facilities (water, electricity, telecommunications, communications, transportation, pipelines, etc.); (8) Complaints, appeals, public participation, consultation, information disclosure and external monitoring; 32 (9) Deal with the issues within the memorandum the World Bank mission; (10) The existing problems and their solutions. External monitoring and evaluation will be taken by the organizations or agencies with resettlement monitoring and evaluation capacity, which is independent of the project owners and resettlement implementation agency. External monitoring and evaluation should normally cover the contents as follows: (1) Resettlement agencies: interviews through surveys, monitoring the settings, division of labor and staffing situations of the project owner and resettlement implementation institution, institutional capacity building and training activities of the resettlement institution; comparison with the Resettlement Action Plan, assess their suitability; (2) Resettlement policy and compensation standards: investigate and understand the major policy of resettlement implementation, and comparison them with the Resettlement Action Plan, analyze the changes, and assess their suitability. Typical sampling to verify the actual implementation of compensation standards for various losses of resettlement (especially permanent land acquisition, house demolition and other major losses), and compare them with the Resettlement Action Plan, analyze the changes, and assess their suitability; (3) Progress of resettlement implementation (4) Resettlement compensation funds and budget (5) Resettlement for production and employment: by taking typical sample surveys and tracking typical resettlement monitoring, evaluate the resettlement for APs’ production and employment, and the implementation status of the recovery plan. (6) Resettlement housing reconstruction and living restoration: analyze and evaluation after sampling. (7) Reconstruction of industrial and commercial enterprises: by reading literatures, typical sampling investigation and tracking monitoring, find out the status of enterprises and shops demolition and reconstruction; compared with resettlement action plan to assess their suitability; (8) Reconstruction of City (sets) towns and special facilities: through literature searching and field surveys, grasp the status of implementation of relocation and restoration of the city (set) town; compared with the resettlement plan, assess their suitability; (9)Restoration of levels of income, living and production standards: through resettlement baseline survey before and the sampling survey and tracking monitoring investigations after, find out the sources, quantity, structure, and stability of income of the typical households, as well as the expenditure structure and quantity, and do the comparative analysis for revenue and expenditure levels before and after the resettlement, to assess the extent of reaching for APs objectives like income restoration and others. With comparison in living (housing, etc.), transportation, public facilities, community environment, culture and entertainment, economic activities, and other aspects of the typical sample, assess the degree of achieving goals in restoration of income and living standards; (10) Complaints and appeals: through access to documents, information and field 33 survey on typical household, monitoring the complaints and grievances procedures for APs, the dealing situation of the main complained issues; (11)Public participation, consultation and information disclosure: through access to documents and field investigation, monitoring the effects of public participation, consultation activities during the resettlement implementation process, preparation, issuance, and feedback of resettlement information booklet, resettlement information disclosure activities and their effects ; (12) Handle problems in the memorandum of the World Bank inspection team, and those raised in the last resettlement monitoring and evaluation report; (13)Conclusions and recommendations: summarize on the situation of the resettlement implementation, draw the appropriate conclusions. Tack on the existing problems until they are solved. During the relocation, external monitoring and evaluation agencies generally carry out field surveys and monitoring and evaluation twice a year. When the relocation has been completed, field surveys and monitoring and evaluation can be conducted once a year, but also changes the number of investigations and monitoring and evaluation appropriately, according to the needs of the resettlement work, but need be approved by the World Bank. External monitoring and evaluation work normally extended to the fulfillment of resettlement goals. External monitoring and evaluation works are supposed to provide evaluative advice and suggestions for the whole process of resettlement and recovery of production and living standards. External monitoring report shall also submit the project office and the World Bank. 34