RP398 V3 Liaoning Panjin Urban and Rural Solid Waste Integration Collection Project Resettlement Action Plan Panjin Urban Infrastructure Project Management Office April 2011 Panjin Urban and Rural Solid Waste Integration Collection Project Resettlement Action Plan Content PREFACE ............................................................................................................................................... 1 (1) THE PURPOSE OF THE PREPARATION OF RESETTLEMENT ACTION PLAN ........................................................ 1 (2) DEFINITIONS OF RELATED TERMS (IN ACCORDANCE WITH THE GUIDELINES OF THE WORLD BANK DEFINITION) ......... 1 1. DESCRIPTION OF THE PROJECT ......................................................................................................... 3 1.1 PROJECT INTRODUCTION ........................................................................................................................ 3 1.2 CONSTRUCTION CONTENTS AND SCALE ..................................................................................................... 3 1.3 CORRELATIVE PROJECT IDENTIFICATION ..................................................................................................... 4 1.4 PROJECT PREPARATION AND PROGRESS ..................................................................................................... 4 1.5 BENEFIT AREA AND AFFECTED AREA ......................................................................................................... 5 1.6 SOCIAL ECONOMY BACKGROUND OF PROJECT AREA .................................................................................... 5 1.7 MEASURES TO REDUCE THE PROJECT IMPACT ............................................................................................. 6 2. PROJECT IMPACT ANALYSIS.............................................................................................................. 9 2.1 PERMANENT LAND ACQUISITION .............................................................................................................. 9 2.2 AFFECTED POPULATION ........................................................................................................................ 10 3. SOCIO-ECONOMIC SURVEY RESULTS .............................................................................................. 11 3.1 THE BASIC SITUATION OF AFFECTED TOWNS AND VILLAGES........................................................................... 11 3.2 SURVEY RESULTS OF AFFECTED RURAL HOUSEHOLD .................................................................................... 11 4. FRAMEWORK OF LAWS AND POLICIES ........................................................................................... 14 4.1 MAIN LAWS AND POLICIES FOR RESETTLEMENT ........................................................................................ 14 1 Panjin Urban and Rural Solid Waste Integration Collection Project Resettlement Action Plan 4.2 PROVISION OF LAWS AND POLICIES RELATED TO THE RESETTLEMENT............................................................. 15 4.3 POLICIES ON INVOLUNTARY RESETTLEMENT OF WORLD BANK...................................................................... 22 4.4 RESETTLEMENT POLICY ON THE PROJECT.................................................................................................. 23 5. COMPENSATION STANDARDS ........................................................................................................ 25 5.1 COMPENSATION STANDARD FOR ACQUISITION OF RURAL ARABLE LAND .......................................................... 25 6. REHABILITATION SCHEME OF PRODUCTION AND LIVING OF PROJECT AFFECTED PEOPLE (PAP) .... 27 6.1 OBJECTIVE OF RESETTLEMENT................................................................................................................ 27 6.2 COMPENSATION STANDARD FOR PERMANENT OCCUPATION LAND ................................................................. 28 7. PUBLIC PARTICIPATION .................................................................................................................. 30 7.1 PUBLIC PARTICIPATION AND STRATEGIES ................................................................................................. 30 7.2 PUBLIC PARTICIPATION PROCESS AND POLICY DISCLOSE ............................................................................. 30 8. COMPLAINT PROCEDURE ............................................................................................................... 32 9.1 RESETTLEMENT ACTION ORGANIZATION .................................................................................................. 34 9.2 ORGANIZATION AND RESPONSIBILITY....................................................................................................... 34 9.3 ORGANIZATION CHART:........................................................................................................................ 40 9.4 ORGANIZATION QUALIFICATIONS AND STAFFING ....................................................................................... 41 10. IMPLEMENTATION SCHEDULE ...................................................................................................... 43 10.1 THE IMPLEMENTATION PRINCIPLE OF THE PROGRESS CONVERGENCE OF RESETTLEMENT AND PROJECT CONSTRUCTION ........................................................................................................................................ 43 10.2 IMPLEMENTATION PROCEDURE OF DEMOLITION AND RESETTLEMENT.......................................................... 43 10.3 SCHEDULE FOR THE KEY MISSION OF RESETTLEMENT IMPLEMENTATION ...................................................... 44 2 Panjin Urban and Rural Solid Waste Integration Collection Project Resettlement Action Plan 11. COSTS AND BUDGET ..................................................................................................................... 46 11.1 COST .............................................................................................................................................. 46 11.3 FUND SOURCE .................................................................................................................................. 47 11.4 THE CAPITAL FLOWS AND FINANCE PLAN ............................................................................................... 47 12. MONITORING AND EVALUATION ................................................................................................. 49 12.1 INTERNAL MONITORING ..................................................................................................................... 50 12.2 EXTERNAL INDEPENDENT MONITORING ................................................................................................. 51 12.3 MONITORING INDICATORS .................................................................................................................. 53 12.4 POST EVALUATION ............................................................................................................................ 53 13. RIGHT SHEET ................................................................................................................................ 55 ANNEX 1 PROJECT LOCATION MAP .................................................................................................... 56 ANNEX 2 RESETTLEMENT INFORMATION MANUAL............................................................................ 59 ANNEX 3 MONITORING AND EVALUATION OUTLINE ......................................................................... 62 3 Panjin Urban and Rural Solid Waste Integration Collection Project Resettlement Action Plan Preface (1) The Purpose of the Preparation of Resettlement Action Plan Resettlement Action Plan (RAP) is prepared in accordance with relevant national and local laws and regulations of the People's Republic of China, as well as a series of provisions of the World Bank OP4.12 "Involuntary Resettlement". The purpose of this document is "for the people affected by the project, to prepare an action plan for the resettlement and recovery, to ensure that they benefit from the project, to improve their standard of living, or at least after the project is completed, the standard of living can be restored." (2) Definitions of Related Terms (in accordance with the guidelines of the World Bank definition) "Compensation" Qualification (a) The people who have formal legal rights to the lands (including national legal recognition of customary and traditional rights); (b) The people at the time of the census began, do not have formal legal rights to the lands, but the piece of lands or properties are requested by whom - such claims were recognized by the national laws, or recognized during resettlement identification process; and (c) The people who do not have legal rights or requests to the lands occupied by them. The people belong to (a) and (b) will get compensation for loss of lands and other help. The people belong to (c) will be provided resettlement assistance instead of compensation for the lands loss, and other necessary assistance to achieve the objectives set in this policy, in case the lands were occupied by them before the cut-off-date( the day when land acquisition and resettlement announcement is made). If the lands were 1 Panjin Urban and Rural Solid Waste Integration Collection Project Resettlement Action Plan occupied after the announcement, there will not be any other forms of resettlement assistance. 2 Panjin Urban and Rural Solid Waste Integration Collection Project Resettlement Action Plan 1. Description of the Project 1.1 Project Introduction Garbage collection and transportation is a key part of the municipal solid waste disposal system. Normal operation of the system will ensure the city's economic development and improving the living quality of residents in the environment. Choose a reasonable collection and transportation methods, improving efficiency of garbage system to reduce waste disposal costs, control of environmental pollution are of great significance. With the implementation of Panjin urban and rural solid waste integration collection project, present problems of garbage collection and transportation systems of Panshan county and Dawa county will be solved gradually, the benefits on environmental, economic and social to achieve harmony and unity. 1.2 Construction Contents and Scale Basic contents and scale of the Project Table 1-1 Project Contents and Scale Remark ( land Project Title Sub-project Construction content and scale acquisition required) Panshan There are 7.5 Mu Panjin transfer 200t/d collective land will be Urban and station requisition. Rural Solid Dawa There are 15 Mu Waste transfer 350t/d collective land will be Integration station requisition. Collection Project Garbage 9428 of 240L garbage barrels collection No 530 garbage bins containers 3 Panjin Urban and Rural Solid Waste Integration Collection Project Resettlement Action Plan Remark ( land Project Title Sub-project Construction content and scale acquisition required) 921 tricycles, 28 of 5T rear-load compressed Garbage garbage trucks collection and No 6 of 8T rear-load compressed transfer truck garbage trucks 34 Hanging bucket garbage trucks Drum-type 18 drum-type garbage collection garbage point (county); No collection 323 drum-type garbage collection point point(village); Panshan transfer station is located in the Qingsha Village; chenjia Town of Panshan County, the total area is 5000m2. There are 7.5 Mu collective land be requisition. Dawa transfer station is located in the Yuanjia Village, Tangjia Town of Dawa County, the total area is 10000m2. There are 15 Mu collective land be requisition. 1.3 Correlative Project Identification The correlative project refers to the other projects that have direct relationships with the function or benefits of the project construction during the project preparation and implementation. During the project design, the project unit pays much attention to the identification of the correlative projects. PMOs and the design institutes of subprojects analyzed all subprojects. There are not correlative projects. 1.4 Project Preparation and Progress The feasibility study report of Panjin urban and rural solid waste integration collection project has been completed by Liaoning province urban and rural construction and planning design institute in March 2011. The environmental Impact Assessment report also has been prepared in April 4 Panjin Urban and Rural Solid Waste Integration Collection Project Resettlement Action Plan 2011, and approval on 26, May 2011. The planning site proposal of Panshan transfer station was issued on August 27, 2010, the pre-approval document was issued on 27, August 2010(refer to attachment); The planning site proposal of Dawa transfer station was issued on December 27, 2010, the pre-approval document was issued on 5, December 2011(refer to attachment). In parallel with the above work, the city PMO carried out affected survey base on affected survey outline determined by province PMO. During the survey, public participation also be conduct, the basic situation of the project and related policies has be explained, the survey form be issued to affected person for publicly solicit the views of affected people. 1.5 Benefit Area and Affected Area The benefit areas cover the Panshan county and Dawa county, and the benefit population is 0.836 million persons. The land acquisition and demolition of the Project affected two villages, which one is Qingsha village of Chenjia town of Panshan county and other is Yuanjia village of Tangjia town of Dawa county, there are 22.5Mu collective land will be will be permanently requisitioned. The affected population is 20 persons. 1.6 Social Economy Background of Project Area Panjin City is located in the coastal plain area of the southern of Liaohe Plain, rich local resources, with the exploration and development of oil and gas, the industrial of Panjin city has been continuous development, has become an important base for petrochemical and agricultural production. According to the actual development situation of Panjin, Liaoning Provincial People's Government submitted the application in Liaoning government [1984] No. 59 document to the State Council for "on the establishment of provincial jurisdiction Panjin City " on April 24, 1984, In the on 5, June 1984, 5 Panjin Urban and Rural Solid Waste Integration Collection Project Resettlement Action Plan the State Council approved application of the Liaoning Provincial People's Government, agreed to establish Panjin City (city level), and revoke Panshan county, the original Panshan county merged into Panjin City. There are 3 districts of Panshan, Xinglongtai and Suburb under Panjin City, Dawa also merge into Panjin city at the same time. In November 1986, the State Council approved the revocation of suburb district of Panjin City and restore Panshan County in existing suburb, the Panshan district was renamed to Shuangtaizi district. So far, there are two districts and two counties under Panjin City, are Shuangtaizi district, Xinglongtai district, Panshan County and Dawa County. Among them, the Xinglongtai district is the political, economic and cultural center, petrochemical industry and logistics industry are leading industries of Panshan; Dawa county is located in the Liaohe River estuary, ground flat and lying, river network over the all county, available beach area of 40 acres. Ship manufacturing and tourism are it’s the leading industry. 1.7 Measures to Reduce the Project Impact 1.7.1 Project Planning and Design Phase During Project planning and design phase, the design institute and the owner adopted some effective measurements to reduce the impact on local social economy; During Project planning phase, optimization selection should be carried out, the impact of project on the local economy should be considered as much as possible, and which should be the key factor in the scheme selection; Design unit should analyze the engineering in project, to avoid or reduce land acquisition, demolition and resettlement of rounding residents. 6 Panjin Urban and Rural Solid Waste Integration Collection Project Resettlement Action Plan 1.7.2 Project Construction Phase In order to mitigate the impact on urban transport, during the preparation of the implementation plan, project developers should fully consider this factor, temporary pavement should be designed for heavy traffic roads, and special traffic police should be arranged on duty to maintain normal traffic order; as the construction method, the project should be constructed by sections, and completed in a short period of time, the construction should avoid rush hours for the heavy traffic roads (such as night construction, in order to ensure the smooth flow of the daytime). During the construction process, the project developer should implement strong management to ensure the construction according to the design requirements, to prevent make adverse impact on the rounding environment due to improper construction.  Measures to reduce dust During construction, the dirt evacuated from canals was piled along the roads, the dust by dry monsoon and machines flies and affects the residents. To reduce the impact on the surrounding environment, if there are many sunny days and wind, the surface of the abandoned dirt should be sprayed, to avoid dust flying. The construction unit should dispose the abandoned dirt timely, without overload during transfer, adopt measures to avoid spilling along the roads, before the traveling the dirt on the wheels should be flushed clean to avoid the abandoned dust falling on the ground to affect the environment, in the mean time, the construction unit should conduct cleaning system, to clean the abandoned dust immediately.  Control Construction Noise The noise caused by channel excavation, transport vehicles horn, engine sound, concrete mixing sound, complex soil compactor noise during the construction, in order to reduce the impact of construction on the surrounding residents, the construction within 200m from residential areas is not allowed between 23:00 o’clock and next 6:00 o'clock in the morning, 7 Panjin Urban and Rural Solid Waste Integration Collection Project Resettlement Action Plan and construction units should give priority in the selection of construction equipments and methods, maximize the use of low-noise machinery. For the construction sites have to work in the night but still affect the residents, there should be noise elimination methods for the construction machinery, but also temporary noise barriers, in order to ensure the sound quality of the environment.  On-site waste disposal of construction area Project developers and construction unit should promptly contact local sanitation department, to clean domestic waste of the construction site, in order to keep the construction area clean. 1.7.3 Land Acquisition, Resettlement Plan and Implementation When the land acquisition and resettlement is unavoidable, to reduce the impact of construction on the local environment, the following measures will be taken.  Strengthen basic data collection, the in-depth analysis should be conducted for the local social and economic status and the future development, combine with the local conditions to develop practical resettlement plan, to protect the people affected by the project does not suffer losses due to the construction.  Actively encourage public participation and accept supervision by the masses.  Strengthen internal and external monitoring, establish effective feedback mechanisms and channels, reduce the information processing cycle as short as possible, in order to resolve various problems promptly during the project implementation process 8 Panjin Urban and Rural Solid Waste Integration Collection Project Resettlement Action Plan 2. Project Impact Analysis The land acquisition and demolition of the Project affected two villages, which one is Qingsha village of Chenjia town of Panshan county and other is Yuanjia village of Tangjia town of Dawa county, there are 22.5Mu collective land will be will be permanently requisitioned. The affected population is 20 people. There is one category of affected ground attachments. 2.1 Permanent land acquisition There are 22.5 Mu land will be permanent occupied in Project, and involved in 20 persons of 4 households. Table 2-1 Affected analysis of rural collective land acquisition Unit:Mu,Household,Person Rural collective Affected population land Sub-project Town Village Paddy Number of Populati Total Labor land household on Dawa transfer Tangjia Yuanjia 15 15 3 15 9 station Panshan transfer Chenjia Qingsha 7.5 7.5 1 5 3 station Total 22.5 22.5 4 20 12 Table 2-2 the situation analysis of affected villager Area of collective Area of land Number of Impact rate Name land acquisition famil (%) (Mu) (Mu) 9 Panjin Urban and Rural Solid Waste Integration Collection Project Resettlement Action Plan Zhang 5 20 5 25% Dianfu Yan 5 20 5 25% Xichun Liu 5 20 5 25% Zuojun Liu Guoxi 5 20 7.5 37% Total 34 80 22.5 28% 2.2 Affected population The land acquisition and demolition of the Project affected two villages, which one is Qingsha village of Chenjia town of Panshan County and other is Yuanjia village of Tangjia town of Dawa county, 20 persons from 4 households. Table 2-3 Affected population Affected type Sub-total Number of affected 4 Permanent acquisition of household rural collective land Affected population 20 Among: number of labor 12 Number of household 4 Total Affected population 20 10 Panjin Urban and Rural Solid Waste Integration Collection Project Resettlement Action Plan 3. Socio-economic Survey Results 3.1 The basic situation of affected towns and villages Table 3-1 the basic situation of affected town and villages Town Village Population Land area Average net Arable Agriculture Industrial Service (person) (Mu) income land area income income income (Yuan/Pers (Mu) (X10 Yua (X10 Yua (X105Yua5 5 on/Year ) n/Year) n/Year)) n/Year) Chenjia Qingsha 1,992 3,063 4,479 1,980 300 3,100 1,079 Tangjia Yuanjia 1,770 1,930 3,450 1,470 300 1,900 1,250 3.2 Survey results of affected rural household 3.2.1 Family Population Feature Total population is 88 persons in surveyed two villages, there are 66 labors, which 48 persons were farming at home and other 12 persons work at outside. The surveyed population included 46 men, 42 women, male and female ratio of 5 to 4. Table 3-2 basic situation of rural household Population Number of labor Age (Person) (Person) Town Village Agricul Fame Total Total Worker M F 0-6 7-15 16-60 60以上 ture r Chenjia Qingsha 38 38 19 19 5 18 20 2 5 20 4 Tangjia Yuanjia 50 50 29 29 7 28 22 5 6 39 7 Total 88 88 48 48 12 46 42 7 11 59 11 11 Panjin Urban and Rural Solid Waste Integration Collection Project Resettlement Action Plan 3.2.2 Annual income and expenditure of rural household The household annual income per capita is 3964.5 Yuan, include agriculture 300 Yuan, which is 7.5% of annual income per capita; working(leave home) 2500 Yuan, which is 63% of annual income per capita; other 1165 Yuan, which is 29.5% of annual expenditure per capita. The household annual expenditure per capita is 2950 Yuan, include Production cost 100yuan, which is 3.4% of annual expenditure per capita; food cost 600 Yuan, which is 20.7% of annual expenditure per capita; clothing cost 375 Yuan, which is 12.5% of annual expenditure per capita; Household Facilities and Services 500 Yuan, which is 12.7% of annual expenditure per capita; Medical and health 350 Yuan, which is 11.9% of annual expenditure per capita; Transportation and Communications 259 Yuan, which is 8.5% of annual expenditure per capita; Culture, education and entertainment 375 Yuan, which is 12.7% of annual expenditure per capita; other goods and service 400yuan, which is 13.6% of annual expenditure per capita. Table 3-3 Income and expenditure structure of rural household(10% rate sampling) Total Average Rate Constitutes of income and expenses (Yuan) (Yuan/ person) (%) Agriculture income 7800 300 7.5 Household Working income 65000 2500 63 annual income Other income 30290 1165 29.5 Annual income (total) 103090 3964.5 100 Production cost 2600 100 3.4 Food 15600 600 20.7 Clothes 9750 375 12.7 Household Household Facilities and Services 13000 500 16.9 annual Medical and health 9100 350 11.9 expenditure Transportation and Communications 6500 250 8.5 Culture, education and entertainment 9750 services 375 12.7 Other goods and services 10400 400 13.6 12 Panjin Urban and Rural Solid Waste Integration Collection Project Resettlement Action Plan Total Average Rate Constitutes of income and expenses (Yuan) (Yuan/ person) (%) Annual expenditure(Total) 76700 2950 100 Net income (income - productive expenditure) 26390 1014.5 13 Panjin Urban and Rural Solid Waste Integration Collection Project Resettlement Action Plan 4. Framework of Laws and Policies 4.1 Main Laws and Policies for Resettlement National Laws and Regulations: ● Land Management Law of PRC (revised and enacted since August 28 2004 ) ● Announcement on Guidelines for Improving Compensation and Resettlement System for Land Acquisition (State Land and Resources Administration [2004] No. 238, enacted since November 3rd 2004) Law, regulations and policies issued by Liaoning provincial government include: ● Measures of Liaoning Province on implementing the Land Administration Law of the People's Republic of China (Orders of Liaoning Provincial Government [2002] No. 149 ● Announcement on Compensation and Resettlement for Land Acquisition to Protect Lawful Rights and Interests of Farmers, issued by Liaoning Provincial Government ([2004] No. 27) ● Announcement on Implementation of the Criteria of Integrated Land Price in Land Acquisition Area, issued by the General Office of Liaoning Provincial Government ([2010] No. 2) Law, regulations and policies issued by Panjin city government include: ● 《The compensation and resettlement standards of collective land acquisition of Panjin city》(Provisional regulations of Panjin city land resources bureau) World Bank Policies: ● World Bank operational policies OP4.12 "Involuntary Resettlement" and its Annex (executed from 1st, Jan, 2002) 14 Panjin Urban and Rural Solid Waste Integration Collection Project Resettlement Action Plan 4.2 Provision of Laws and Policies Related to the Resettlement The law of land administration of the People’s Republic of China: Article 43: Any unit or individual that need land for construction purposes should apply for the use of land owned by the State according to law. 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. Article 45: The requisition of the following land shall be approved by the State Council: 1. Basic farmland; 2. Land exceeding 35 hectares outside the basic farmland; 3. Other land exceeding 70 hectares.…… Article 46: For requisition of land by the State the local people's governments at and above the county level shall make an announcement and organize the implementation after the approval according to the legal procedures. Owners or users of the land requisitioned should, within the time limit specified in the announcement, go through the compensation registration for requisitioned land with the land administrative departments of the local people's governments on the strength of the land certificate. Article 47: In requisitioning land, compensation should be made according to the original purposes of the land requisitioned. Compensation fees for land requisitioned include land compensation fees, resettlement fees and compensation for attachments to or green crops on the land. The land compensation fees shall be 6-10 times the average output value of the three years preceding the requisition of the cultivated land. The resettlement fee shall be calculated according to the number of agricultural population to be resettled. The number of agricultural 15 Panjin Urban and Rural Solid Waste Integration Collection Project Resettlement Action Plan population to be resettled shall be calculated by dividing the amount of cultivated land requisitioned by the per capital land occupied of the unit whose land is requisitioned. The resettlement fees for each agricultural person to be resettled shall be 4-6 times the average annual output value of the three years preceding the requisition of the cultivated land. But the maximum resettlement fee per hectare of land requisitioned shall not exceed 15 times of the average annual output value of the three years prior to the requisition. The standards for land compensation and resettlement fees for land requisitioned shall be determined by various provinces, autonomous regions and municipalities in reference to the land compensation fees and resettlement fees for cultivated land requisitioned. 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 requisition. In special circumstances, the State Council may raise the standards for land compensation and resettlement fees for land requisitioned according to the social and economic development level. Article 54: A paid leasing should be gone through in use of land owned by the State by a construction unit. But the following land may be obtained through government allocation with the approval of the people's governments at and above the county level according to law: 1. Land for use by government organs and for military use; 16 Panjin Urban and Rural Solid Waste Integration Collection Project Resettlement Action Plan 2. Land for building urban infrastructure and for public welfare undertakings; 3. Land for building energy, communications and water conservancy and other infrastructure projects supported by the State. 4. Other land as provided for by the law and administrative decrees. Article 57: In the case of temporary using State-owned land or land owned by peasant collectives by construction projects or geological survey teams, approval should be obtained from the land administrative departments of local people's governments at and above the county level. Whereas the land to be temporarily used is within the urban planned areas, the consent of the urban planning departments should be obtained before being submitted for approval. Land users should sign contracts for temporary use of land with related land administrative departments or rural collective organizations or villagers committees depending on the ownership of the land and pay land compensation fees for the temporary use of the land according to the standard specified in the contracts. Article 58: In one of the following cases, the land administrative departments of related people's governments shall recover the land use right of State-owned land with the approval of the people's governments that originally gives the approval or the people's governments with the power of approval: 1. Use land for the sake of public interests; 2. Use land for adjustment in re-building old city districts in order to implement urban construction plans;…… The Measure of Implementation of Liaoning Province for “Land Management Law of People's Republic of China”: 17 Panjin Urban and Rural Solid Waste Integration Collection Project Resettlement Action Plan Article 23: The land compensation and resettlement fee of arable land acquisition is according to the following standard: The public welfare and urban infrastructure construction projects is located outside the urban planning area, the land compensation fee shall be 6-7 times average annual output value of the three-year preceding the acquisition of arable land; for other project, he land compensation fee shall be 8-10 times average annual output value of the three-year preceding the acquisition of arable land. The resettlement fee for each agriculture person to be resettled shall be 4-6 times the average annual output value of the three years preceding the acquisition of arable land. But the maximum resettlement fee per hectare of land acquisition shall not exceed 15 times of average annual output value of the three years preceding the acquisition of arable land. Whereas the land compensation fee and resettlement fee paid according to the above provision are not enough to maintain the original level of living, the resettlement fee may be increased with the approval of the province government. But the combined total of land compensation fee and resettlement fee shall not exceed 30 times of the average annual output level of the three years prior to the land acquisition. 。 Article 24: The land compensation and resettlement fee of other land acquisition is according to the following standard The compensation fee for woodland, grassland, reed pond, water aquaculture, irrigation land shall be 4-6 times average annual output value of the three-year preceding the acquisition of arable land; The compensation fee for the public facilities or public welfare of town and village, village enterprises and villager house on the collective land shall 18 Panjin Urban and Rural Solid Waste Integration Collection Project Resettlement Action Plan be 2-3 times average annual output value of the three-year preceding the acquisition of arable land; The compensation fee for idle land, barren hills, wasteland and unused land shall be 5-7 times average annual output value of the three-year preceding the acquisition of arable land。 The compensation fee for collective productive land , as threshing and drying yard land shall be paid as compensation standard. When woodland, grassland, reed pond, water aquaculture, irrigation land and collective construction land be in acquisition, the resettlement fee for each agriculture person to be resettled shall be 4 times the average annual output value of the three years preceding the acquisition of arable land. But the maximum resettlement fee per hectare of land acquisition shall not exceed 10 times of average annual output value of the three years preceding the acquisition of arable land. There are not resettlement fee for idle land, barren hills, wasteland, unused land and threshing yard of non-agriculture tax. Article 25: The compensation fee of attachment and young crops on the land is according to the following standard: The compensation fee of attachment shall be equivalent to their value and the actual loss; The compensation fee of young crops shall be 1 time output value. There are not any compensation fee to new planted tree, young crops and built building and structures after the announcement of land acquisition issue. 19 Panjin Urban and Rural Solid Waste Integration Collection Project Resettlement Action Plan Article 45: The land needed for public interests, reconstruction of the old city area, and building public facilities and public welfare undertakings of townships (towns) and villages, the use right of state-owned and collective land may be recovered by the approval of the people's government that gives the approval for the use of land Proper compensation shall be given to land users in the case of recovering the use right of state-owned and collective land. The detail compensation standard shall be decided by each city government according to local condition. Peoples Government of Liaoning Province: Notice about Land Acquisition and Compensation to Protect Farmers Legal Rights: 3. Reasonably Determine Compensation Standard for Land Acquisition, to Protect Farmers right on Land and Other Properties Reasonably raise annual turn-over value of the requisition land. Local government shall raise annual turn-over value of the requisition farming land, based on actual situation of agricultural development and farmer’s income, and making adjustment accordingly. The annual turn-over value shall no t be determined by only crop harvest, but calculated with integral “crop-economic ratio” of local Xiang/Zhen. As for Liaoning province, it shall be no less than 2000 Yuan/mu for farming land within planning area of a municipality, 1500 Yuan/mu for a county, and 1000 Yuan/mu for other area. Higher standard will be applied for economic developed zone. When forest and grass land will be the requisition land, it shall be adjusted as of annual turn-over value of farming land. Compensation standards for buildings and other adhesive objects shall be determined by relevant municipal government. Reasonably increase compensation factors for land acquisition. Continue to use the way of annual turn-over multiply compensation factor in 20 Panjin Urban and Rural Solid Waste Integration Collection Project Resettlement Action Plan determination of compensation cost, and to use the ceiling factor as stated in the implementation regulation. 5. Enforcing Management of Land Acquisition and Compensation Fees, Regulating Allocation and Application Strictly regulate payment for land acquisition and compensation. After the land acquisition, if local collective organization cannot re-allocate same amount of land for the farmers who lost land, at least 80% of the compensation cost shall be made to them. The compensation cost retained by local collective organization shall not exceed 20% of the total compensation cost for the land. Compensation for crop and adhesive objects shall be made all to the owner. Compensation for resettlement will be made according to: In case of unified resettlement, it shall be made to the local collective organization in charge; in case of individual resettlement, it shall be made to persons affected. In case of all land being acquired, and the local collective organization cancelled, cost for land acquisition and resettlement will be used for production and living of the said village and villagers. If there is need to pay back of debt of the local collective organization, it must follow relevant rules and regulations, and to be agreed by villagers conference. Implementation Regulation for Taxation on Farm Land Acquisition in Liaoning Province: Clause 5: Mean taxation for land acquisition within municipalities district, per square meter: ( 3) Dandong, Jinzhou, Liaoyang and Panjin: RMB 5.50 Notice about Land Reclamation and Farm Land Abandon Charges Scope, Objective and Standard of Charges 21 Panjin Urban and Rural Solid Waste Integration Collection Project Resettlement Action Plan For approved non-farm land acquisition, land reclamation charges shall be paid by an organization or individual, at standard of RMB 10/m2; for basic farm land, it shall be RMB 10/m2.. Management Departments and Fees Land management department may collect management fees in certain percentage of total land reclamation charges. In the case of land acquisition for farm land approved by the state council and provincial government, the provincial and municipal land management department will respectively collect 2% of the total land reclamation charges as management fees, and the municipality and county land management department shall determine their share from the 2% through consultation; In the case of land acquisition for farm land approved by the municipality and county government, the municipality and county land management department will collect 2% of the total land reclamation charges as management fees, and the provincial land management department shall not collect any fees. 4.3 Policies on Involuntary Resettlement of World Bank 4.3.1 Should explore all other feasible alternative project designs, as far as possible to avoid or minimize involuntary resettlement. 4.3.2 If it is not feasible to avoid resettlement, the resettlement activities should be considered and executed as sustainable development, provided sufficient funds, so people were forced to be relocated by the project can share the benefits of the project. It is shall to negotiate with the settlers carefully, they should have the opportunity to participate in the planning and implementation of resettlement schemes. 22 Panjin Urban and Rural Solid Waste Integration Collection Project Resettlement Action Plan 4.3.3 It is shall help the settlers to improve living standards, or at least rehabilitate the level before the resettlement or project began, and the higher standards prevailed. 4.3.4 People affected by the project will be provided: help to improve the living standards, in order to improve their earning capacity or production level, at least to make the level of income or livelihood recovered. There should be special attention and help for the resettlement of poor families and their members. 4.4 Resettlement Policy on the Project In order to fully implement the land acquisition, demolition and resettlement of Panjin Urban and Rural Solid Waste Integration Collection Project of World Bank Loaned Liaoning Medium Cities Infrastructure Project Phase II, to ensure the smooth progress of project construction, to protect the legal rights of land units, the units and citizens whose land are acquired, this policy should be developed according to "The land administration law of the People’s Republic of China ", " Measures of Liaoning Province for the Implementation of the Land Administration Law of the PRC "and " The compensation and resettlement standards of collective land acquisition of Panjin city", World Bank operational policies OP4.12 "Involuntary Resettlement", as well as relevant laws and regulations, combined with the actual situation of the city and the project. Its purpose is to ensure that no people will permanently lose work because of the project, the situation that, within the scope of the project planning, the state-owned and collective-owned lands to be acquired, and be compensated and relocated will applies the following policies. 4.4.1 Compensation policy of rural collective land acquisition There are 22.5 Mu paddy land will be occupied permanently in this project, the compensation standard is: 23 Panjin Urban and Rural Solid Waste Integration Collection Project Resettlement Action Plan Guided compensation price of land acquisition is sum of land compensation, resettlement fees and young crops compensation. The formula is : Guided compensation price = Output value per Mu× ( Land compensation multiple + resettlement compensation multiple ) + young crops compensation( paddy land: Output value per Mu×1)。 Paddy land : Land compensation multiple is 14, and resettlement compensation multiple is 6. Average annual output value standard of paddy land: 1,500 Yuan/Mu. The allocation scheme of above all compensation is: In principle, the land compensation should be paid to the rural collective organizations, but 80% of the compensation will be paid directly to the landless farmers are also allowed. Young resettlement and compensation should be paid directly to farmers and land contractor affected by land acquisition. Labor Resettlement Policy: 1、 The Labor resettlement fee, young crops compensation and more than 80% of the land compensation fees shall be paid directly to People affected by land acquisition when other land is adjusted to them. After obtaining the above resettlement funds, these labors can keep their current job continually, and also can use these funds to develop other self-employed. 2、 The village committee also can introduce affected villages to work in some village enterprises. 3 、 The employment information, training and assistance in employment also will provide to the affected people. 24 Panjin Urban and Rural Solid Waste Integration Collection Project Resettlement Action Plan 5. Compensation Standards According to the provisions of the legal framework, combined with the local situation, the compensation standards for the various affected categories are prepared as follows: 5.1 Compensation standard for acquisition of rural arable land In this project, there are 22.5 Mu arable land will be occupied permanently. According to the Land Administration Law of the PRC and the notice of the Liaoning Provincial Government on land compensation and resettlement work earnestly safeguard the legitimate rights and interests of farmers, The annual output value of the arable land is determined as following table 5-1: Table 5-1 Compensation standard for acquisition of collective land Multiple Annual Multiple Total Total land Category land Town Village output value resettlem multipl compensation of land compen (Yuan/Mu) ent fees es (Yuan/Mu) sation Paddy Tangjia Yuanjia 1,500 14 6 20 30,000 land The compensation standard for permanent acquisition of rural arable land as table 5-2: 25 Panjin Urban and Rural Solid Waste Integration Collection Project Resettlement Action Plan Table 5-2 The compensation standard for rural collective land Unit:Yuan/Mu youn Compen Land Land g Arab sation man Labor Land The comp crop le fees of age resett (1)+( recla To Vill natu ensat (1)+( s land new land ment Total Item leme 2)+(3 matio wn age re of ion 2) com occu construct fee taxes nt fee ) n land fee pens patio ion (Yu (2) fees (1) ation n tax (Yuan/ an/M (3) Mu) u) Dawa Yu Tan Pad 2100 3000 3150 transfer anji 9000 1500 6666 16008 800 23474 gjia dy 0 0 0 station a Pansha Ch Qin n Pad 2100 3000 3150 enji gsh 9000 1500 6666 16008 800 23474 transfer dy 0 0 0 a a station Villag City City Affect Affe City ers finan finan Province Recipie ed cted land Com ce ce land nts Peopl Peo bure mitte bure bure bureau e ple au e au au Note:The more than 80% of the land compensation fees shall be paid directly to People affected by land acquisition when other land is adjusted to them. 26 Panjin Urban and Rural Solid Waste Integration Collection Project Resettlement Action Plan 6. Rehabilitation Scheme of Production and Living of Project Affected People (PAP) 6.1 Objective of Resettlement The objective of the resettlement of the Project is to make sure that the PAPs can get the compensation for all their losses, reasonable resettlement and good restoration and enable them to share in project benefits. The settlers should be given allowance to their temporary difficulties and assisted in their efforts to improve their livelihoods and standards of living and enterprise production and or at least to restore them, in real term, to pre-displacement levels or to levels prevailing beginning of project implementation, whichever is higher. Resettlement Principles of the Project::  Resettlement scheme should optimize engineering design; try to avoid densely populated areas, to minimize the scope of land acquisition and resettlement, so that involuntary resettlement is reduced to a minimum.  All involuntary resettlement should be implemented as part of the construction of the Project, to provide adequate funding and benefits for PAPs.  During the preparation of the resettlement plan, PAPs’ participation should be encouraged, and the resettlement pattern should fully respect the opinions of the settlers.  The production and living level should be rehabilitated to the level before the resettlement or the project implementation, or improved。 27 Panjin Urban and Rural Solid Waste Integration Collection Project Resettlement Action Plan 6.2 Compensation standard for permanent occupation land 6.2.1 The rural collective land acquisition 6.2.1.1 Impact Analysis In this project, there are 22.5 Mu paddy land will be occupied permanently. The impact analysis of land acquisition is in table 6-1, Table 6-1 the impact analysis of land acquisition Quantit Percentage of total Land Net income Popul y of Impact revenue Village Name acqui per capita ation arable rate Non-agric sition (Yuan) Agriculture land ulture Zhang 5 20 5 25% 1600 14% 86% Dianfu Yan 5 20 5 25% 2000 18% 82% Yuanjia xichun Liu 5 20 5 25% 1900 29% 71% zuojun Liu Qingsha 5 20 7.5 37% 1800 20% 80% Guoxi 4 Total House 20 80 22.5 28% 1825 20.25% 79.75% hold Base on the above analysis, the impact rate of land acquisition to Qingsha village of Chenjia town under Panshan county and Yuanjia village of Tangjia town under Dawa county was 28%. The largest percentage of agriculture income in total revenue is 20.25% in the four household villagers. The agricultural income is not the main source of income of the villagers, and they are not primarily dependent on the land for a living. 28 Panjin Urban and Rural Solid Waste Integration Collection Project Resettlement Action Plan 6.2.1.2 Resettlement scheme 1、 The Labor resettlement fee, young crops compensation and more than 80% of the land compensation fees shall be paid directly to People affected by land acquisition when other land is adjusted to them. After obtaining the above resettlement funds, these labors can keep their current job continually, and also can use these funds to develop other self-employed. 2、 The village committee also can introduce affected villages to work in some village enterprises. 3 、 The employment information, training and assistance in employment also will provide to the affected people. 29 Panjin Urban and Rural Solid Waste Integration Collection Project Resettlement Action Plan 7. Public Participation 7.1 Public Participation and Strategies According to national, provincial and subproject municipal policies and regulations about land acquisition and demolition, project should protect the legal rights of displaced persons and enterprises reduce the discontent and dispute. So, at the rebuild and construction of project, displacement and resettlement policy and implementation rules, resettlement plan should be prepared well to achieve the goal of resettlement successfully and this project pays much attention to consult with displaced person and listen to their opinions on resettlement policy, plan and implementation. 7.2 Public Participation Process and Policy Disclose After the determination of the scope of the project land acquisition, PMO organized relevant personnel to conduct physical survey, in the mean time, investigate a wide range of APs for their opinions, and resettlement willingness, the participation process is detailed as follows: Table 7-1 Participation Process of the Affected People Time Location Participants Contents Remark Yuanjia The policies Staff of Panjin city land village and Scheme of acquisition office, relative The Consensus April 2011 and compensation villager of Yuanjia village and was reached. Qingsha and Qingsha village village resettlement Table 7-2 Policy Disclose Process Disclose Manner and Documents Disclose Date Disclose Location Language 30 Panjin Urban and Rural Solid Waste Integration Collection Project Resettlement Action Plan Disclose Manner and Documents Disclose Date Disclose Location Language Introduction of the project Chinese, Panjin Daily May 2011 General information of affected village Chinese, to PAPs May 2011 resettlement communities After reviewed affected village Resettlement manual Chinese, to PAPs by the World communities Bank Resettlement plan report Chinese, Panjin Daily July 2011 Panjin PMO 31 Panjin Urban and Rural Solid Waste Integration Collection Project Resettlement Action Plan 8. Complaint Procedure During the resettlement plan preparation and implementation process of project, participation of AP and establishment of complaint system will always get attention. The complaint procedure in project as following: Stage 1: If any AP is dissatisfied with the RAP, he/she can file an oral or written appeal with the Panjin land acquisition service station orally or in writing. In case of an oral appeal, the Panjin land acquisition offices shall handle such appeal and keep written records. Such appeal should be solved within 2 weeks. Stage 2: If the AP is dissatisfied with the disposition of Stage 1, he/she may file an appeal with the Panjin PMO after receiving such disposition, which shall make a disposition within 2 weeks. Stage 3: If the AP is still dissatisfied with the disposition of Stage 2, he/she may escalate the appeal to the Panjin city land bureau in accordance with Administrative Procedure Law of the PRC after receiving such disposition for arbitration. The arbitration shall be awarded within 3 weeks. Stage 4: If the AP is still dissatisfied with the arbitration award, he/she may file a suit in a civil court in accordance with the Civil Procedure Law of the PRC after receiving such award. The above mentioned complaint procedures will be informed through meetings and other forms to the affected people. They can be fully aware of their rights in this issue. Meanwhile, media will be used for publicity and various opinion and suggestions about land acquisition and resettlement will be sorted into documents for the land acquisition and resettlement institutions at all levels to study and respond. 32 Panjin Urban and Rural Solid Waste Integration Collection Project Resettlement Action Plan The demolition and resettlement agency of project is Panjin land acquisition offices. The location of compliant and appeal: Panjin land acquisition offices Reception Staff :Zhang Yutian Contact telephone number:0427- 2805662 The location of Panjin PMO: No. 173 Taishan Road, Xinglongtai district Reception Staff :Zhao Yanfeng Contact telephone number:0427-2870560 The location of Panjin city land bureau: Petition reception room of Panjin land bureau Reception staff:Liu Shurong Contact telephone number:0427- 2836549. 33 Panjin Urban and Rural Solid Waste Integration Collection Project Resettlement Action Plan 9. Organization 9.1 Resettlement Action Organization During the implementation of the project, the agencies are responsible for the resettlement activities, management, implementation, and monitoring of World Bank Loan Panjin Urban and Rural Solid Waste Integration Collection Project:  Liaoning Urban Construction and Renew Project Office  Panjin Housing and Urban-Rural Construction Management Committee  Panjin Urban Infrastructure Project Management Office  Panjin Sanitation Department  Panjin Land Resources Bureau  Panjin Land Acquisition Service Station  Liaoning Province Urban and Rural Construction and Planning Design Institute  Village committee 9.2 Organization and responsibility 9.2.1 Institutions and Responsibilities Liaoning Urban Construction Project Office: 34 Panjin Urban and Rural Solid Waste Integration Collection Project Resettlement Action Plan  Help and guide the preparation of resettlement plan and the implementation of the project  Supervise and check the works of the resettlement  Maintain the contact between the project city project and the World Bank Leading group of World Bank Loan Panjin City Infrastructure Project The group leader of Leading group of World Bank Loan Panjin City Infrastructure Project is the deputy mayor, the deputy group leader is the Vice mayor in charge of urban construction and mayor assistant, the members include the head of Municipal Construction Committee, Municipal Supervision Bureau, the Municipal Development and Reform Commission, the Municipal Finance Bureau, the Municipal Environmental Protection Bureau. The main responsibility of who is:  responsible for the leadership, organization and coordination of the land acquisition and resettlement activities of the project;  responsible for preparation of the resettlement policy;  responsible for the resettlement plan approval;  responsible for the supervision and inspection during the implementation process of resettlement action plan;  Panjin City Project Management Office (PMO):  prepare and implement resettlement plan policies 35 Panjin Urban and Rural Solid Waste Integration Collection Project Resettlement Action Plan  organize and coordinate the preparation of the resettlement plan  identify and coordinate the implementation of resettlement plan according to the schedule of project construction  finance and supervise the use of funds  guide, coordinate and supervise the implementation and progress of resettlement  organize and implement internal monitoring, determine the external independent monitoring agencies, and coordinate external monitoring activities  check monitoring report  prepare progress reports and submit to the provincial PMO  coordinate and handle the conflicts and problems during the implementation process  organize the relevant departments for physical register and investigation during land acquisition and relocation Panjin Land and Resources Bureau:  fully implement the national policies and regulations related to project construction land management  participate in the preparation and review of the land acquisition plan  issue construction permits for land use 36 Panjin Urban and Rural Solid Waste Integration Collection Project Resettlement Action Plan  guide, coordinate and supervise the implementation of land acquisition and resettlement activities  coordinate and handle the contradictions and problems during land acquisition and implementation process for the project  handle the formalities for project land Panjin Planning and Construction Committee  Identified land redline of project;  Issuing permits for land use planning. 9.2.2 Resettlement Implementing Agencies  Panjin Land Acquisition Service Station:  organize public participation;  implement the resettlement plan;  relevant procedures for land acquisition;  sign land acquisition compensation and resettlement agreement with the affected people in conjunction with PMO;  train staff;  report the situation of land acquisition and resettlement to City PMO;  coordinate and handle the conflicts and problems during the implementation process; 37 Panjin Urban and Rural Solid Waste Integration Collection Project Resettlement Action Plan Village Committees:  participate in the preparation of socio-economic survey and resettlement plan  organize public consultation and promote land acquisition policies;  organize the settlers to develop, produce and rehabilitate income after land acquisition;  submit opinions and suggestions of settlers to the relevant higher authorities;  to provide assistance for needy households 9.2.3 Project Design Institute Liaoning Province Urban and Rural Construction and Planning Design Institute:  reduce the impact by optimizing the design of the project  determine the impact scope of land acquisition and resettlement 9.2.4 External Independent Monitoring and Evaluation Agency The external Independent Monitoring and Evaluation Agency will charge of tracking Supervision and audit to Land acquisition.  monitor the resettlement funds 38 Panjin Urban and Rural Solid Waste Integration Collection Project Resettlement Action Plan  conduct tracking surveys for social economy and living standards after the completion of the project, and comparative study of the basic living guarantee  monitor land acquisition and demolition of the project, including (1)Land Acquisition and Demolition Procedure; ( 2 ) Determine optional ways to the affected rural labor employment replacement; (3)Implementation of Land Acquisition and Demolition Agreement. Monitor the sufficiency and rationality for the public consultation and participation Evaluate the disbursement, investment plan and the effect of funds Responsible for finishing the technical guidance and census data for affected residents, submitting the census reports to the City PMO. Regularly provide independent monitoring and evaluation reports of resettlement for the PMO, the Leading Group, and the World Bank. 39 Panjin Urban and Rural Solid Waste Integration Collection Project Resettlement Action Plan 9.3 Organization Chart: Liaoning Urban Leading group of World Construction and Renew Project Bank Loan Panjin City Office Infrastructure Project Panjin Housing and Urban-Rural Construction Management Committee The external Panjin Urban Infrastructure Project Independent Management Office Monitoring and Evaluation Agency Liaoning Province Panjin Land Urban and Rural Resources Bureau Construction and Planning Design Institute Panjin Land Panjin Sanitation Acquisition Department Service Station Affected enterprise and person 40 Panjin Urban and Rural Solid Waste Integration Collection Project Resettlement Action Plan 9.4 Organization Qualifications and Staffing The leading group of Panjin City Infrastructure Project is consisted of leaders and staff of Panjin People's Government and administrative departments. The Panjin urban infrastructure project management office (PMO) under Panjin housing and urban-rural construction management committee is responsible for organization and coordination on Land acquisition and resettlement activities of project. The staffs of PMO have rich experienced on specific resettlement activities. Table 9-1 Staffing of Resettlement Agencies Related to the Project Total Resettlement Agencies Staffs Staff Qualification Remark Staffs Government There are Leading group of World Bank officials and relatively good Loan Panjin City 3 10 university transportation and Infrastructure Project graduates communication tools for the Civil servants, relocation Panjin Urban Infrastructure engineering staff, 7 27 management and Project Management Office and management implementation staff agencies of the Panjin Land Resources project. There are 2 3 Civil servants Bureau strong computer tools and Panjin Planning and 2 3 Civil servants technologies for Construction Committee the survey design, Panjin Land Acquisition Economic monitoring and 2 10 Service Station management evaluation Village Committee 4 8 Management staff agencies. There is rich experience in Liaoning Province Urban and land acquisition, Rural Construction and 5 10 Engineering staff demolition and Planning Design Institute resettlement of 41 Panjin Urban and Rural Solid Waste Integration Collection Project Resettlement Action Plan The external Independent University the Monitoring and Evaluation 6 12 professor, Ph.D., implementation, Agency Masters monitoring and evaluation Total 31 83 agencies of the project. 42 Panjin Urban and Rural Solid Waste Integration Collection Project Resettlement Action Plan 10. Implementation Schedule 10.1 The Implementation Principle of the Progress Convergence of Resettlement and Project Construction According to the progress of the project implementation schedule, the project will be completed in 2014. The resettlement schedule will follow the construction plan, the main work of land acquisition and resettlement will be completed in April 2014. The basic principles of the schedule are as follows:  Land acquisition and demolition should be completed before the start of the project, and the start time should be determined according to the need of land acquisition and resettlement.  There must be enough time for land acquisition and resettlement before the project construction. 10.2 Implementation Procedure of Demolition and Resettlement (1)Determine the scope of land acquisition and resettlement According to land red line diagrams and plan design, PMO organize the survey and registration for physical volume within the red line scope. (2)Land acquisition physical survey The urban construction bureau and land acquisition offices of Dawa county and Panshan county organize survey and registration of the lands and houses for the affected villages, and make detailed records; survey the infrastructures on and under the ground, determine the property and ownership of the infrastructures within the red line, and then describe the situation of land acquisition for each infrastructure unit, provide plan design 43 Panjin Urban and Rural Solid Waste Integration Collection Project Resettlement Action Plan for all relevant villages, and submit the relevant infrastructures information to the PMO by the relevant units within 15 days after received design. (3)Develop plan and budgeting of land acquisition and resettlement According to the survey, the urban construction bureau and land acquisition offices of Dawa county and Panshan county prepare the resettlement plan and budget in accordance with the relevant policies and regulations, and then submit it to government for approval. (4)Sign land acquisition compensation and resettlement agreement According to the policies, regulations and plans of the resettlement, under the help of land acquisition offices, Panjin Sanitation Department negotiate with the APs from reality, according to the relevant regulations of the State, in consultation with each other sensibly, negotiate and solve compensation standards and resettlement issues, once settled, immediately sign the land acquisition compensation and resettlement agreement. (5)Apply for land use permits When the information is all available, Municipal Land Resources Bureau will issue land use approval documents and land use permits or temporary land use permits. (6)Summary and Archive After the completion of land acquisition, settlement work will be conducted, in the mean time, the organizers will summary the work and archive after the approval. 10.3 Schedule for the Key Mission of Resettlement Implementation According to the progress of the implementation of land acquisition and resettlement of the project, the master schedule of the land acquisition and 44 Panjin Urban and Rural Solid Waste Integration Collection Project Resettlement Action Plan resettlement activities will be developed. Table 10-1 Schedule of Resettlement Implementation Mission Title Dawa Transfer Station Panshan Transfer Station Confirm of land acquisition and Febuary 2011 Febuary 2011 demolition area Actual calculation for land Febuary 2011 Febuary 2011 acquisition and demolition Preliminary investigation of Febuary 2011 Febuary 2011 socio-economic Prepare resettlement plan March ~ May 2011 March ~ May 2011 Hold land acquisition mobilization August 2011 August 2011 meeting, and announce policy Publish land acquisition September 2011 September 2011 announcement Negotiate and sign resettlement October ~ November 2011 October ~ November 2011 compensation agreement Construction land delivery December 2011 December 2011 Monitoring and Evaluation July ~ December 2011 July ~ December 2011 45 Panjin Urban and Rural Solid Waste Integration Collection Project Resettlement Action Plan 11. Costs and Budget 11.1 Cost The total budget includes land compensation fees, and the planning and design fee is calculated as 2% of the land compensation fees; the implementation and the management fee is calculated as 3% of the land compensation fees; the monitoring and supervision fee is calculated as 3% of the land compensation fees; and the basic reserve fund is calculated as 10% of the above 4 items. The total budget of the project resettlement is 1,414,833 million CNY, including the land compensation fees 708,750 CNY (~50%). The compensation cost is estimated in accordance with the price in 2011. The total resettlement cost will be covered by the total cost of the entire project. Table 11-1 Budget List of Resettlement Compensation Compensation Total Cost No. Item Unit Standards Quan. (CNY) (CNY/Unit) Permanent occupation of 1 land 1.1 Paddy land Mu 30,000 22.5 675,000 1. 2 Young crop compensation 1,500 22.5 3,3750 Sub-total 708,750 3.0 Planning and design fee Yuan 2% 707,625 14,152.5 Implementation and 4.0 Yuan 707,625 21,229 management fee 3% Monitoring and 6.0 Yuan 707,625 14,152.5 supervision fee 2% 46 Panjin Urban and Rural Solid Waste Integration Collection Project Resettlement Action Plan Compensation Total Cost No. Item Unit Standards Quan. (CNY) (CNY/Unit) 7.0 Basic reserve fund Yuan 10% 1,285,189 128,519 8.0 Tax Yuan 528,030 Total cost Yuan 1,414,833 11.3 Fund Source According to the process schedule, all the funds of land acquisition, demolition and resettlement will be delivered in 2014, and the source of which is financial allocation from the Panjin Government. 11.4 The Capital Flows and Finance Plan 11.4.1 Fund Flow To ensure the project resettlement compensation funds promptly and fully paid to the affected people in accordance with the compensation policy and settled in the resettlement plan, the project funding process is: financial allocation to Panjin Sanitation Department; Panjin Sanitation Department deliver the funds to land acquisition offices according to the fund plan, and deliver to units or individuals in accordance with the agreement of land acquisition and demolition; Panjin Sanitation Department directly deliver the compensation funds to the relevant units or individuals who own the infrastructure facilities or ground attachments. 47 Panjin Urban and Rural Solid Waste Integration Collection Project Resettlement Action Plan Capital Flows Diagram: Financial Allocation Panjin Sanitation Department Land Acquisition Offices Affected collective organizations and individuals 48 Panjin Urban and Rural Solid Waste Integration Collection Project Resettlement Action Plan 12. Monitoring and Evaluation To successfully implement the resettlement plan, according to the requirements of World Bank operational guide OP4.12, the monitoring of land acquisition, demolition and resettlement will be divided into internal monitoring of resettlement agencies and external independent monitoring. Regular monitoring and evaluation of the implementation of the resettlement activities will be carried out, the internal monitoring will be conducted by Province PMO, Panjin city PMO, Panjin sanitation department, Panjin land bureau, and land bureau of Dawa county and Panshan county to ensure the land acquisition, demolition and resettlement could be implemented in accordance with the schedule and resettlement plan by the units in charge. The objective of internal monitoring is to make the resettlement agencies to function well during the implementation process. External independent monitoring and evaluation is the activity that independent monitoring agencies regularly and independently monitor and evaluate land acquisition, demolition and resettlement. An external independent monitoring and evaluation agency will be responsible for the external monitoring of the Project. The contents of external monitoring are:  Responsibility of resettlement network;  Implementation process and compensation of land acquisition, demolition and resettlement;  Survey and analysis of the living standards of the settlers. Independent monitoring is to check and evaluate all the implementation activities of land acquisition, demolition and resettlement from a long-term and overall view by the unit which is independent from the resettlement implementation agencies. The independent monitoring agency will track the 49 Panjin Urban and Rural Solid Waste Integration Collection Project Resettlement Action Plan resettlement activities, to evaluate whether the resettlement followed the relevant national laws or regulations about land acquisition, demolition and resettlement, accorded with World Bank operational guide OP4.12 "Involuntary Resettlement", and the living standards of settlers improved or at least kept the same level of pre-project. The independent monitoring agency will give suggestions to the relevant implementation bureaus about the problems found during monitoring and help to solve these problems. 12.1 Internal Monitoring Panjin sanitation department will establish a basic database of land acquisition, demolition and resettlement, to prepare resettlement plan and monitor all resettlement households, and conduct internal supervision and inspection for the entire process of resettlement preparation and implementation. 12.1.1 Implementation Procedure During the implementation, Panjin land acquisition offices collect and record information about the implementation of the resettlement of residents based on the monitoring samples and timely delivery the activity records to Panjin sanitation department, in order to maintain continuous monitoring on implementation. Panjin sanitation department will check the implementation regularly and report the progress of implementation. In the monitoring mechanism above, it is to develop the specified format information table; to achieve a continuous flow of information from the Panjin land acquisition offices to the leading group of the Panjin city, Panjin PMO and Panjin land bureau as important parts of the internal monitoring system will regularly check and verify the information. 50 Panjin Urban and Rural Solid Waste Integration Collection Project Resettlement Action Plan 12.1.2Monitoring Contents  Schedule of the activities above;  Follow the policies and provisions of resettlement plan;  Participation and negotiation during the implementation of resettlement;  Staffing, training, work schedule and efficiency of resettlement staff. 12.1.3Internal Monitoring Report Panjin land acquisition offices and Panjin PMO will prepare a land acquisition and resettlement progress report and submit for Provincial PMO every six months, and the Provincial PMO will submit the report for the World Bank. 12.2 External Independent Monitoring 12.2.1 Independent Monitoring Agency The experienced independent monitoring agency will be hire to check and evaluate the resettlement of project. 12.2.2 Responsibility The independent monitoring and evaluation unit will regularly track, monitor and evaluate the implementation activities of resettlement, about the process, quality and funds, provide consulting suggestions, and submit monitoring and evaluation reports for Panjin PMO and the World Bank. 51 Panjin Urban and Rural Solid Waste Integration Collection Project Resettlement Action Plan 12.2.3 Monitoring Steps and Contents (1) Prepare monitoring and evaluation work outline; (2) Develop monitoring and evaluation information system software for resettlement (3) Prepare survey framework, table and record cards for the affected enterprises (4) Sample and survey scheme design (5) Baseline survey The baseline survey required by the independent monitoring and evaluation for the residents, and the baseline information required by the monitoring for the living standards of the settlers and the units affected by the land acquisition and demolition of the Project (6) Establish monitoring and evaluation information system Establishment of monitoring and evaluation information system, will develop database for various data involved in the monitoring and evaluation of the resettlement, and provide computer assistance for analysis and tracking monitoring. (7) Monitor evaluation and survey Local social-economic survey: social-economic development situation within the project areas Resettlement implementation agency monitoring: working capacity and efficiency of resettlement implementation agency The typical household affected by demolition: resettlement compensation, 52 Panjin Urban and Rural Solid Waste Integration Collection Project Resettlement Action Plan employment status, resettlement quality and others. Public negotiation: public participation activities during the preparation and implementation of resettlement plan, and participation effect of public. Compliant: monitor the operation system and efficiency of resettlement compliant. Temporary occupation of land rehabilitation (8) Monitor data collection and establish database (9) Compare and analyze (10) Prepare one monitoring and evaluation report every year  submit monitoring and evaluation report No. 1 (baseline survey report);  The second monitoring, submit monitoring and evaluation report No. 2 and post evaluation report. 12.3 Monitoring Indicators Social-economic Indicators: income per capita, gross domestic product, the Engel coefficient, and employment rate Organizational Indicators: staff composition, staff quality, rules and regulations, equipments, and completion rates Household affected by demolition: rate of compensation funds become available, and change rate of employment and income 12.4 Post Evaluation After the completion of the implementation, based on the monitoring and evaluation, post evaluation will be conducted for the resettlement by using 53 Panjin Urban and Rural Solid Waste Integration Collection Project Resettlement Action Plan post evaluation theory and methods. The successful experience and valuable lesson in the land acquisition and demolition will provide useful experience for the future resettlement. The post evaluation will be implemented by the external independent monitoring and evaluation agency commissioned by PMO. The post evaluation unit will prepare the post evaluation framework and establish evaluation index system, to conduct social-economic survey and prepare the post evaluation report of "World Bank Loaned Panjin Urban and Rural Solid Waste Collection Project ", and submit for Liaoning Provincial PMO and the World Bank. 54 Panjin Urban and Rural Solid Waste Integration Collection Project Resettlement Action Plan 13. Right Sheet Impact Affected Compensation Resettlement Policy Compensation Standards Category People Villagers' The Labor resettlement fees, Young crop Paddy land: Committees compensation fee and more than 80% of Land compensation fee:4200 the land compensation fees shall be distributed to people affected by land Yuan/Mu acquisition; It does not exceed 20% of the land compensation fee may reserved for the welfare of all the villagers. Land Shall be got young crop compensation Paddy land: contractor fee, Labor resettlement fee and more Land compensation fee:16,800 than 80% of the land compensation fees. Yuan/Mu Rural land acquisition Labor resettlement fees : 9000 Yuan/Mu Young crop compensation fee: Paddy land 1500 Yuan/Mu. Labor Get training and employment placement opportunities; To take measures to ensure that its operating income is not reduced; The village enterprises shall prior employ to persons affected by land acquisition. 55 Panjin Urban and Rural Solid Waste Integration Collection Project Resettlement Action Plan Annex 1 Project Location Map 56 Panjin Urban and Rural Solid Waste Integration Collection Project Resettlement Action Plan 盘山转运站 57 Panjin Urban and Rural Solid Waste Integration Collection Project Resettlement Action Plan 大洼转运站 58 Panjin Urban and Rural Solid Waste Integration Collection Project Resettlement Action Plan Annex 2 Resettlement Information Manual Resettlement Information Manual 1、Brief Description of the Project The main content of Panjin Urban and Rural Solid Waste Collection Project include Dawa transfer station (350t/d), Panshan transfer station (200t/d), garbage truck and garbage barrel etc.。 2、 The area of Land Acquisition and Demolition The 22.5Mu land of Qingsha village, Chenjia town of Panshan county and Yuanjia village, Tangjia town of Dawa county will be permanently occupied in the project. The final area of land acquisition will be determined in notice of land acquisition 3、Policies of Resettlement The villages affected by land acquisition will receive land compensation fees, and the People affected by land acquisition also will be paid labor resettlement fee and young crops compensation fee. The more than 80% of the land compensation fees shall be paid directly to People affected by land acquisition when other land is adjusted to them. The Villagers Committee should provide some employment opportunities for the persons affected by land acquisition in village enterprise. The Villagers Committee also should provide information, training and assistance in employment for the affected people. The compensation standard of ground attachments is determined as replacement price, and should be paid to the property owner. 59 Panjin Urban and Rural Solid Waste Integration Collection Project Resettlement Action Plan The detail Compensation Standards as following: Unit:Yuan/Mu you Compe Land ng Arab nsation manag Land Labo Sub-t crop le Land fees of ement T Vi The comp r otal s (1)+( land recla new fee o lla natur ensat resett Total Item of com 2)+(3 occu mati land (Yua w g e of ion leme taxes (1)+( pen ) pati on constru n/Mu) n e land fee nt fee 2) sati on fees ction (1) (2) on tax (Yuan (3) /Mu) Daw T Y a a u trans Padd 2100 3000 150 3150 n a 9000 6666 16008 800 23474 fer y 0 0 0 0 gji nji statio a a n Pans Qi C han n h trans g Padd 2100 3000 150 3150 e 9000 6666 16008 800 23474 fer s y 0 0 0 0 nji statio h a n a Villag City City Affec Affe Reci ers fina finan Provinc City ted cted pient Com nce ce e land land Peop Peo s mitte bure bure bureau bureau le ple e au au Note:The more than 80% of the land compensation fees shall be paid directly to People affected by land acquisition when other land is adjusted to them. 4、 Compliant and Appeal Stage 1: If any AP is dissatisfied with the RAP, he/she can file an oral or 60 Panjin Urban and Rural Solid Waste Integration Collection Project Resettlement Action Plan written appeal with the Panjin land acquisition offices orally or in writing. In case of an oral appeal, the Panjin land acquisition offices shall handle such appeal and keep written records. Such appeal should be solved within 2 weeks. Stage 2: If the AP is dissatisfied with the disposition of Stage 1, he/she may file an appeal with the Panjin PMO after receiving such disposition, which shall make a disposition within 2 weeks. Stage 3: If the AP is still dissatisfied with the disposition of Stage 2, he/she may escalate the appeal to the Panjin city land bureau in accordance with Administrative Procedure Law of the PRC after receiving such disposition for arbitration. The arbitration shall be awarded within 3 weeks. Stage 4: If the AP is still dissatisfied with the arbitration award, he/she may file a suit in a civil court in accordance with the Civil Procedure Law of the PRC after receiving such award. The demolition and resettlement agency of project is Panjin land acquisition offices. The location of compliant and appeal: Panjin land acquisition offices Reception Staff :Zhang Yutian Contact telephone number:0427- 2805662 The location of Panjin PMO: No. 173 Taishan Road, Xinglongtai district Reception Staff :Zhao Yanfeng Contact telephone number:0427-2870560 61 Panjin Urban and Rural Solid Waste Integration Collection Project Resettlement Action Plan Annex 3 Monitoring and Evaluation Outline 1、Objective of Monitoring and Evaluation of Resettlement According to the requirements of the World Bank Operational Guide OP4.12 "Involuntary Resettlement", the technical documents as No. 80 "Involuntary Resettlement during Project Development -- Policy Guidelines for World Bank Loaned Project", Annex 3 "Technical Guidelines for Monitoring and Evaluation for Involuntary Resettlement" and "Operational Directives for Monitoring and Evaluation of Resettlement for World Bank Loaned Project in China", the resettlement process of World Bank Loaned Panjin Urban and Rural Solid Waste Collection Project will be conducted with independent monitoring and evaluation, and the resettlement work of the Project will be conducted with tracking evaluation by inspecting the resettlement process, funds and management of the affected people, enterprises, shops. The Project will submit the report for World Bank, Panjin sanitation department and the relevant management departments every year, with information and suggestions, for the reference of the decision by each department. The independent monitoring and evaluation can make the World Bank and the management departments fully understand the land acquisition and resettlement work is on time and on quality to achieve the required objectives, pointing out where the problem lies, and make recommendations to improve the work. 2、Contents of Monitoring and Evaluation of Resettlement  Capacity Evaluation of Resettlement Implementation agencies: working capacity and efficiency of resettlement implementation agency  Process, compensation standards and payment of resettlement  Impact analysis of land acquisition, demolition and resettlement 62 Panjin Urban and Rural Solid Waste Integration Collection Project Resettlement Action Plan  Tracking survey and evaluation for the income level of the residents affected by land acquisition, demolition and resettlement (sample rate 10%) The typical household affected by demolition monitoring: payment of compensation funds, resettlement housing construction progress and quality, relocation schedule, Income restoration etc. Typical enterprises monitoring: payment of compensation funds, the new site land acquisition, housing construction, relocation schedule, production recovery, and income restoration, replacement quality etc. Restoration measures for vulnerable groups.  Public facilities: monitor the delivery of compensation funds, function recovery of public facilities, and reconstruction progress  Public participation and negotiation: public participation activities during the preparation and implementation of resettlement plan, and participation effect of public. Compliant: monitor the registration and solution of resettlement compliant 63 Panjin Urban and Rural Solid Waste Integration Collection Project Resettlement Action Plan 3. Technical Route Technical route of independent monitoring and evaluation as following: Project Proposal Prepare monitoring and evaluation Outline Prepare survey framework, table, and typical household and record cards Sample and survey scheme Baseline Survey Establish management information system for monitoring and evaluation Monitoring and Survey Participation Monitoring of Tracking Restoration Restoration and resettlement survey for the measures for measures for negotiation implementing affected vulnerable Enterprises angency households groups mechanism Compile monitoring data and establish database Compare and analyze Prepare monitoring and evaluation report Whether the monitoring of resettlement is over Complete 64 Panjin Urban and Rural Solid Waste Integration Collection Project Resettlement Action Plan 4 、 Organization and Work Division of Monitoring and Evaluation for Resettlement ⑴ Local PMO commissioned the external independent monitoring and evaluation agency to be responsible for the detailed survey, data collection, and calculation analysis for the monitoring and evaluation, and review the results. ⑵ The mission of which is: under the guidance of World Bank officials, to monitor and evaluate the resettlement of the Project, to be responsible for the preparation of the monitoring and evaluation outline, to set monitoring points, to be responsible for the on-site survey, monitoring and analysis, and to be responsible for the preparation of monitoring and evaluation reports of resettlement. ⑶ Local PMO will give on-site cooperation to the staffs, transport and other aspects for the monitoring and evaluation group of resettlement during the monitoring and survey works. 6、Monitoring and Evaluation Methods of Resettlement (1) Monitoring and evaluation adopts the method that combined on-site survey, calculation analysis and expert evaluation. (2) The survey combines the points and the entire areas. The implementation progress, funds, organization and management of resettlement as area conditions should be fully investigated. And the sampling survey should be conducted for the settlers. (3) The sampling survey adopts classified random sampling, which means the typical households, enterprises and institutions will be sampled and conducted with designated and tracking survey. Sampling rate is 10% of the households affected by land acquisition and resettlement. 65 Panjin Urban and Rural Solid Waste Integration Collection Project Resettlement Action Plan (4) The comprehensive survey adopts the forms, discussion, inquiring files and documents and other means. 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