SFG3870 V1 REV World Bank-financed Xin'an- Qiandao Lake Environmental Comprehensive Management Project Resettlement Policy Framework Of World Bank-financed Zhejiang Qiandao Lake and Xin’an River Basin Water Resources and Ecological Environment Protection Project (Chun’an) Chun'an Project Management Office February 2018 Definition This Resettlement Action Plan (RAP) is prepared according to the Laws and Regulations of PRC, and Zhejiang Province as well as the Guidelines of the World Bank (Operational Directive for Involuntary Resettlement OP 4.12). The purpose of this document is to set out an Action plan for the Resettlement and Rehabilitation of the Displaced persons (DPs) to ensure that they will benefit from the project and their standards of living will improve or at least be restored after the project impact. Acquisition of land and other assets for the project will adversely affect the livelihood of persons who live, work or earn their living on the land that will be acquired for the project. DPs are defined as those persons whose income or livelihoods will be adversely affected by land acquisition for the project. Displaced persons (DPs) include the following categories: 1) Persons who have a title, right, interest, in structures (houses, enterprises, shelters, or public buildings), land (including residential, agricultural, and grazing land) or any other asset acquired or possessed, in full or in part, permanently or temporarily; 2) Persons who use the structures, land or assets described above; or persons whose business, occupation, work, place of residence or habitat adversely affected; or 3) Persons whose standard of living is adversely affected as a consequence of land acquisition. Affected Persons “Affected Persons” means persons who on account of the execution of the project had or would have their: a) standard of living adversely affected; or b) right, title or interest in any house, land (including premises, agricultural and grazing land) or any other fixed or movable asset acquired or possessed, temporarily or permanently; or c) business, occupation, work or place of residence or habitat adversely affected. DPs may be individuals or legal persons such as a company, a public institution. Definition of DPs is not to set a limit to their legal registration or permission to live or conduct business in the affected location, or to the compensation of their property. Thus, it includes: 1) All those affected by the project regardless of their legal rights or absence thereof to the assets being taken; and 2) Persons without residential permit to live in a certain area. Therefore all such persons who are affected will be considered and recorded as DPs, regardless of their legal connection to assets land or location. If there are more than one person, family or household using or holding a title to the same land or property that is acquired, they will be compensated and rehabilitated according to the loss they suffer, their rights, and the impact on their living standards. The definition of DPs is linked directly to the adverse effect of the project, regardless of legal rights title or interest. All DPs are entitled to the improvement or at least restoration of their standards of living, and compensation for the material losses they suffer. Compensation for assets will cover replacement cost. No deductions or discounts will be applied to the compensation amount for depreciation or other reasons. All DPs deriving an economic benefit from the affected land and property are entitled to receive rehabilitation benefits in addition to the compensation for their assets lost. Those DPs without title, authorization or legal permission to reside, conduct business, cultivate land or construct structures are eligible for rehabilitation of their livelihoods and compensation for their assets on an equal footing with those with formal legal title, authorization or permissions to the assets. I Criteria for Eligibility. Displaced persons may be classified in one of the following three groups: (a) those who have formal legal rights to land (including customary and traditional rights recognized under the laws of the country); (b) those who do not have formal legal rights to land at the time the census begins but have a claim to such land or assets—provided that such claims are recognized under the laws of the country or become recognized through a process identified in the RAP; and (c) those who have no recognizable legal right or claim to the land they are occupying. Resettlement: refers to make an arrangement to people’s production and living that are affected in order to make them benefit from the project. It includes:  the relocation of living quarters;  finding acceptable new employment for those whose jobs are affected;  restoration (or compensation) of affected productive resources such as land, workplaces, trees and infrastructure;  restoration of other adverse effect on DPs’ living standards (quality of life) through land acquisition (such as the adverse effects of pollution);  restoration of or compensation for affected private and public enterprises;  restoration of adversely affected on cultural or common property. Rehabilitation : means: the restoration of the DPs’ resource capacity to continue with productive activities or lifestyles at a level higher or at least equal to that before the project. The objective of this RAP is to provide a plan for the resettlement and rehabilitation of the DPs so that their losses will be compensated and their standards of living will be improved or at least restored to the pre-project levels. To achieve these objectives the plan provides for rehabilitation measures so that the income earning potential of individuals are restored to sustain their livelihoods. Affected productive resources of businesses (enterprises including shops) and public property. Infrastructure and cultural property will also be improved or at least restored to their pre-project levels. Compensation and resettlement measures To address the following impacts of the involuntary taking of land: (i) relocation or loss of shelter; (ii) lost of assets or access to assets; or (iii) loss of income sources or means of livelihood, whether or not the affected persons must move to another location, a RAP or a resettlement policy framework will be prepared to cover the following: (a) The RAP or resettlement policy framework includes measures to ensure that the displaced persons are: (i) informed about their options and rights pertaining to resettlement; (ii) consulted on, offered choices among, and provided with technically and economically feasible resettlement alternatives; and (iii) provided prompt and effective compensation at full replacement cost①, for losses of assets attributable directly to the project. II (b) If the impacts include physical relocation, the RAP or resettlement policy framework includes measures to ensure that the displaced persons are: (i) provided assistance (such as moving allowances) during relocation; and (ii) provided with residential housing, or housing sites, or, as required, agricultural sites for which a combination of productive potential, locational advantages, and other factors is at least equivalent to the advantages of the old site. (c) Where necessary to achieve the objective of the policy, the RAP or resettlement policy framework also includes measures to ensure that displaced persons are: (i) offered support after displacement, for a transition period, based on a reasonable estimate of the time likely to be needed to restore their livelihood and standards of living; (ii) provided with development assistance in addition to compensation measures described in paragraph 4(a)(iii), such as land preparation, credit facilities, training, or job opportunities. Cut-off date: The date of publication of the bulletin of land acquisition and relocation in this project. After this date, the displaced persons shall not build, rebuild or expand their houses; shall not change the uses of their houses and land; shall not lease their land, lease, sell or purchase their houses; and any person that moves in after this date shall not qualify as a displaced person. Replacement cost: Replacement cost is the method of valuation of assets that helps determine the amount sufficient to replace lost assets and cover transaction costs. In applying this method of valuation, depreciation of structures and assets should not be taken into account. For agricultural land, it is the pre-project or pre-displacement, whichever is higher, market value of land of equal productive potential or use located in the vicinity of the affected land, plus the cost of preparing the land to levels similar to those of the affected land, plus the cost of any registration and transfer taxes. For land in urban areas, it is the pre-displacement market value of land of equal size and use, with similar or improved public infrastructure facilities and services and located in the vicinity of the affected land, plus the cost of any registration and transfer taxes. For houses and other structures, it is the market cost of the materials to build a replacement structure with an area and quality similar to or better than those of the affected structure, or to repair a partially affected structure, plus the cost of transporting building materials to the construction site, plus the cost of any labor and contractors' fees, plus the cost of any registration and transfer taxes. In determining the replacement cost, depreciation of the asset and the value of salvage materials are not taken into account, nor is the value of benefits to be derived from the project deducted from the valuation of an affected asset. Where domestic law does not meet the standard of compensation at full replacement cost, compensation under domestic law is supplemented by additional measures so as to meet the replacement cost standard. Such additional assistance is distinct from resettlement measures to be provided under other clauses in OP 4.12, para. 6. Involuntary land acquisition (a) the involuntary taking of land resulting in (i) relocation or loss of shelter; III (ii) lost of assets or access to assets; or (iii) loss of income sources or means of livelihood, whether or not the affected persons must move to another location; or (b) the involuntary restriction of access9 to legally designated parks and protected areas resulting in adverse impacts on the livelihoods of the displaced persons. IV Abbreviations AAOV Average Annual Output Value AH Affected Household AP Affected Person DMS Detailed Measurement Survey DPs Displaced Persons FGD Focus Group Discussion FSR Feasibility Study Report 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 PIU Project Implementation Unit PMO Project Management Office TNC The Nature Conservancy Units Currency unit = Yuan (CNY) 1.00 yuan = $0.15 1 hectare = 15 mu Contents 1. Basic Information of the Project and Institutional Arrangement............................................I 2. Objectives, Definitions and Key Principles of Resettlement ................................................ 6 3.Legal and Policy Framework ................................................................................................. 9 4.Preparation and Approval of Resettlement Plan .................................................................. 18 5.Resettlement Compensation and Resettlement Rights ......................................................... 21 (a) Compensation standards for permanent land .............................................................. 21 (b) Resettlement for affected persons ............................................................................... 22 6.Implementation Procedure ................................................................................................... 26 7.Resettlement Fund Budget and Arrangements ..................................................................... 29 8.Consultation and Information Disclosure ............................................................................ 30 9.Grievance Procedure ............................................................................................................ 32 10.Arrangements of Monitoring and Evaluation..................................................................... 33 Table List Table 1Organization structure and Responsibilities ............................................................... 3 Table 2 Types of Resettlement impacts ..................................................................................... 3 Table 3An overview of the resettlement policy framework ...................................................... 9 Table 4 Articles of laws and policies ....................................................................................... 10 Table 5 Standards for Compensation of LA of Rural Collective Land (districts and cities) ... 22 Table 6Entitlement Matrix ...................................................................................................... 24 I 1. Basic Information of the Project and Institutional Arrangement World Bank-financed Zhejiang Qiandao Lake and Xin’an River Basin Water Resources and Ecological Environment Protection Project involves Chun'an County (Chun'an Sub-project) and Jian’de City (Jian’de Sub-project). The total investment of the project is about US$293.46 million over 6 years of implementation period. 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 Supplyies 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. Chun'an Sub-project has 5 components as follows:  Component 1: Chun’an County Rural Drinking Water Safety Promotion Component: This component adopts two water supply manners. i) Existing Pipe Network extension. The water supply scope of the project includes Jiangjia Town, Zhongzhou Town, Linqi Town, Fuwen Township, Jieshou Township, Langchuan Township, Qiandao Lake Town, Fenkou Town and Zuokou Township, with a total of nine townships and towns and a total of 108 natural villages benefited from it. The designed water supply service population is 59,500 persons and the total water supply amount is 0.99 million m3/d; ii) construct a new centralized water supply system crossing villages and towns. A total of 9 new water supply systems will be constructed under this compenent, includes Wangfu, Anchuan, Haashan, Pingmen, Fengshuoling, Baima, Zitong, Weiping and Jiangjia, and the total water supply service population is 128.87 thousand, with the total supply amount is 2.37 million m3/d. The Component from the water plant and lay the pipe network is going to permanently acquisition rural collective land, temporary land occupation and ground attachments. This component will involve permanent land acquisition, temporary land occupation and ground attachemnents.  Component 2: Chun'an County Comprehensive Management Of Small Watershed Component: The component is located in Hangzhou Chun'an County Wujiang Creek, Yuchuan Creek, Liudu Creek, Shangwu Creek, Zitong River a total of five watershed, involving Fenkou Town and Zhongzhou Town of Wuqiang Creek, Jiangjia Town and Langchuan Township of Liudu Creek, Anyang Township of Shangwu Creek, Zitong Town of Zitong Creek of Zitong River, a total of seven townships. The main task of this project is flood control, and the project combined with water landscape water ecology. The comprehensive management of the small watershed in Chun'an County is newly built (reconstruction, reinforcement) embankment, revetment about 89.30kma total of about 89.30km, new (altering and repairing) weir 66, and a river dredging ~1~ of 16.00km. The construction of the project will ensure the safety of the undertakings of the persons' lives and property and the industrial and agricultural production on both sides of the river basin, and promote the development of the regional economy faster and more stable and maintain social stability.The Component only covers temporary land occupation.  Component 3: Chun’an County Embankment Reinforcement And River Improvement Component: The project will improve 227km river section, and the new reinforcement embankment length is 114.63km, including embankment reinforcement project new embankment 47.11km, river renovation project new embankment 67.52km. Rural river dredging remediation, some to prevent the reinforcement of the river sedimentation is also a large amount of dredging remediation. The new or modified weir a total of 50, which embankment reinforcement 2 reconstruction of the weir, river remediation project to build or rebuild 48 weirs. New railing 2.17km, new agricultural bridge 4. 2.17km new railings, 4 new agricultural bridges. The Component only involves temporary land occupation.  Component 4: Chun’an County Agricultural Non-point Source Pollution Control Project: Mainly consists of four parts: unified rule, pesticide bottle recycling, the promotion of organic fertilizer and liquid fertilizer distribution. The component mainly involves in Weiping Town, Jiangjia Town, Zitong Town, Fenkou Town, Zhongzhou Town and Anyang Township. Unified rule is for the prevention and control of pests and diseases. Pesticide bottle recycling is used for the pesticide bags and pesticide bottles in accordance with certain standards for recycling, unified treatment; The promotion of organic fertilizer is to increase the use of organic fertilizer, thereby reducing the use of fertilizers, reduce the pollution of the soil, liquid fertilizer distribution is the promotion of this organic fertilizer.  Component 5: Chun'an County Forest Ecological Restoration Project: The project mainly includes two parts: the ecological restoration of the barren mountain and the ecological restoration of the low efficiency coniferous forest. The inefficient coniferous forest restoration is mainly carried out on the pure forest of Pinus massoniana pure forest. The ecological restoration of Manglou Mountain is the replanting of the barren young forest. The growth of barren hills and wasteland afforestation and restoration of forests. The project involves Qiandao Lake Town, Wenchang Town, Shilin Town, ShangTownship Township, Fuwen Township, Zuokou Township, Jinfeng Township, Linqi Town, Weiping Town, Jiukeng Township, Song Village, Jiangjia Town, Zitong Town, Langchuan Township, Jieshou Township, Fenkou Town, Zhongzhou Town, DaShu Town, Fengshuling Town, and Anyang Township. To ensure the implementation of the project, the Project Leading Groups have been established in Zhejiang province. Water Conservancy and Hydropower Investigation and Design Institute completed the feasibility study report (FSR) and environmental impact assessment (EIA), and the resettlement action plan (RAP) is prepared by Hohai University. At the same time, project management offices (PMOs) have been established at each Jiande city and Chun’an county respectively, which are ~2~ responsible for the preparation of the resettlement plan of each sub=project, land acquisition (LA) implementation management and internal monitoring, etc. Land acquisition and resettlement of rural collective land shall be implemented by the Land Resource Bureau Project resettlement organizations and responsibilities in Chun’an are shown in table1. Table 1Organization structure and Responsibilities Responsibility Organization County Pesonnel Project Project leading Chun’an management groups, PMO Overall Land Resource LA office coordination Bureau of Chun’an Wangfu Village Cheng Honglai All levels of Weiping Town Zhang Weibin government and Zhongzhou Town Jiang Xiangyong Implementation Land Resource Ping Men village Wang Daoping Bureau Fengyeling Town Yu Qingping Zitong Town Xiao Jinping In the implementation of the World Bank loan in Zhejiang Qiandao Lake, the Xin'an River basin water resources and ecological environment protection project in Zhejiang Province, the following institutions are grouped. They are responsible for the city project resettlement activities, planning, management, implementation and monitoring.  Zhejiang World Bank loan leading group  Chun’an World Bank loan leading group  World Bank Loan Project Management Office  Project implementation unit  Government functional departments  Project Design Unit  National Research Centre for Resettlement, Hohai University According to the resettlement impacts survey, the project involves permanent land acquisition, temporary land occupation, and ground attachments. Among them, Chun'an County rural drinking water safety promotion component involve permanent land acquisition and temporary occupation; comprehensive management of small watershed, embankment reinforcement and river improvement project of Chun'an County involve temporary land; agricultural non-point source pollution control and forest ecological restoration do not involve the resettlement impacts. The contents of each sub project and the main types of resettlement impacts are shown in table 2. Table 2 Types of Resettlement impacts Serial Types of Measures to reduce the Preparation for Constructi numb resettlement impact of resettlement Resettlement documents on content er impacts Chun'an permanently The construction of water The compilation of the 1 rural land plant is going to framework for the ~3~ drinking acquisition, permanently expropriate resettlement policy water temporary land rural collective land, safety occupation and temporary land promotion ground occupation and ground component attachments attachments; lay the pipe network is going to temporary land occupation, not involve land acquisition and house demolition Chun'an County To minimize the impact of comprehen resettlement, only involve sive temporary land 2 temporary land cover, not manageme occupation land acquisition and house nt of small demolition watershed component Chun'an County Embankme To minimize the impact of nt resettlement, only involve reinforcem temporary land 3 temporary land cover, not ent and occupation land acquisition and house river demolition improveme nt component Chun'an County agricultural non-point 4 Not involve source pollution control project Chun'an County forest 5 Not involve ecological restoration project ~4~ Project impact: Chun’an county will be benefit from this project as the project construction covers 23 townships in Chun'an County. The direct beneficiaries reach to 0.459 million and with 0.395 million as indirect beneficiaries. The project requires 1411.09 mu in total, of among which 39.4 million mu of rural collective land will be permanently acquired and 1371.69 mu will be temporarily occupied. The project affects 1,585 households with 6,685 persons. Among them, Chun'an County Rural Drinking Water Promotion Project involves 1,034 households with 4,461 persons (71 households, 272 persons are affected by the permanent land acquisition and 963 households with 4189 persons are affected by temporary land occupation); 56 households with 172 persons are affected by temporary land occupation of small-scale comprehensive land management projects; and 495 households with 2,052 persons are affected by temporary land occupation of Embankment Reinforcement and river improvement projects. This project does not involve vulnerable groups. Through investigation, this project does not involve single-parent families. The project affects a total number of 1,585 households with 6,685 people, of whom 3,228 are women, accounting for 48.3% of the affected persons. And these women will be affected by the permanent land acquisition and temporary land occupation. Through the investigations, the project does not involve the use of state-owned land, collective land and unused land by intruders and outsiders. The alike situations do not exist in China. The positive social impacts of this project include: promoting the development of rural tourism; improving the infrastructure of new villages; promoting local employment; improving the conditions of industrial water use; accelerating the process of urbanization; reducing the operation and maintenance of workloads and reducing financial dependence; improving the quality of water use; reducing the labor intensity of women’s taking water; improving residents' awareness of water conservation; ensuring residents' health and safety; reducing the impact of floods and other disasters on agricultural production; promoting the sales of local building materials; improving the ecological environment; and increasing the positive social impact of farmers' income. The negative social impact of this project is mainly relocation and land acquisition. Finally, through investigation and identification, this project does not involve the use of state-owned land, collective land and unused land by intruders and outsiders. Such situation doesn’t not exist in China. ~5~ 2. Objectives, Definitions and Key Principles of Resettlement The scope of the survey affected by this project’s is determined in accordance with the actual scope of land occupation by project design unit, including the potable water supplies in Rural Areas in Chun’an county, river embankments reinforcement and water course improvement project, integrated watershed management in Chun’an, forest eco -system restoration project and Rural non-point source pollution management 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, and the data of permanent land acquisition and temporary land occupation may be adjusted. The project Resettlement Office will use the actual data as the basis for the resettlement work. Meanwhile, any significant changes of the project , together with changes’ justifications, will also be reported to the World Bank prior to the project implementation. If the number of the affected persons and villages get increased, the resettlement policy framework (RPF) will be applied . 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, 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; ~6~ "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.; vulnerable groups in rural areas are mainly including children, the elderly, the seriously-ill, the disabled, women, five guarantees, 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 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 resettlement 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 ~7~ considered to improve the opportunity for migrants to develop, and to make migrants fully benefit from the project activities, services and the construction process of associated facilities. (2) All migrants 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 migrants’ income, as long as landless migrants 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 migrants 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 resettlement 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. (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. ~8~ 3.Legal and Policy Framework 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. The resettlement implementation of this project complies with the RAP. Any policy-changes in the process of the resettlement implementation, will be approved by World Bank. More details of the policy framework given in the Table.3. Table 3An overview of the resettlement policy framework Time in Policies Force Land Administration Law of the People’s Republic of China 2004-8-28 Regulations on the Implementation of the Land 1998-12-2 Administration Law of the PRC (Decree No.256 of the State Council) 7 Regulations Regarding on the Administration of Urban 2001-11-1 Housing Removal (Decree No.305 of the State Council) Decisions for Further Reform and Strengthen Land 2004-10-2 Administration of State Council ( [2004] No. 28 ) 1 Nationa Guidelines on Improving Compensation and Resettlement l Level Systems for Land Acquisition (MLR [2004] No.238) 2004-11-3 Notice of the State Council on Strengthening Land 2006-8-31 Adjustment and Control (SC [2006] No.31) Provisional Regulations on the Land Occupation Tax of the People's Republic of China (Decree No.511 of the State Council) Planning and Design of Land Acquisition for Water 2009-11 Conservancy and Hydropower Projects (SL290-2009) Measures of Zhejiang Province for the Implementation of the 2000-6-1 Land Administration Law of the PRC Regulations on the Management of Urban Housing 2007-3-29 Demolition in Zhejiang Province Urban Road Management Method in Zhejiang Province 2002-10-1 (Decree No.511 of the Zhejiang People’s Government) Zhejian Notice on the Issues of Urban Road Occupying and Mining 2007-6-1 g Fee (ZJF [2007] No.136) Notice on the Issuance of Rehabilitation Fee for Urban Road Provinc 1993-11-1 Excavation in Zhejiang Province (ZJC [1993] No.410) ial Methods of Land Reclamation in Zhejiang Province (Decree Level 1993-6-9 No.33 of the Zhejiang People’s Government) Measures for the Transfer of State-owned Land Use Rights in Cities and Towns in Zhejiang Province (Decree No.33 of the 1992-3-12 Zhejiang People’s Government) Notice of the People's Government of Zhejiang Province on the Administration of Land Occupation Tax Collection and 2008-5-30 Administration (ZZ [2008] No.38) ~9~ Time in Policies Force Notice of the People's Government of Zhejiang Province on Adjusting the Collection Standard of Land Reclamation Fee 2008-6-11 ( ZZF [2008] No.39) Notice of the People's Government of Zhejiang Province on Adjusting the Minimum Protection Standard of Land 2009-1-1 Expropriation (ZZF [2009] No.17) The Implementation Opinions of the People's Government of Zhejiang Province on Establishing the Social Insurance 2010-1-1 System for Urban and Rural Residents (ZZF [2009] No.62) Methods of the People's Government of Zhejiang Province on the Compensation and Farmers Basic Livelihood Safeguard 2010-1-1 (Decree No.264 of the Zhejiang People’s Government) Regulations on the Budget of Design of Zhejiang Water 2010-10 Conservancy and Hydropower Projects (2010) Measures of Improving the Social Security System of Land 2014-11 Acquisition Peasants (CZF [2014] No. 144) Measures of the Implementation of the Compensation and Resettlement of Acquiring Collectively-owned Lands (CZF 2015-12 Chun’a [2015] No.162) n Measures of the Compensation of Acquiring the Houses on County 2015-12 Collectively-owned Lands (CZF [2015] No.163) Notice of the Update Results of Basic Land Price in ’Chun’an 2016-11 County (CZF [2016] No.10) Operational Policy OP4.12 on Involuntary Resettlement and 2002-1-1 World Appendixes Bank Bank Procedure BP4.12 on Involuntary Resettlement and 2002-1-1 Appendixes 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 In order to meet the demands of public interests, the re quisition of lands owned collectively, prmises owned by entities and individuals or other immovable is perm 1. change itted according to the limits of statutory power and Property law in procedures. Article 42-43 ownership 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 ~ 10 ~ Items Descriptions of the items Item index seedlings, etc., the arrangement of social security fees for farmers affected by the land acquisition, the guarantee of their livelihood and protection of their lawful rights and interests. The State practices, in accordance with law, a system Land of compensated use of state-owned land, with the administration exception of land the right to the use of which is law of the allocated by the State within the provisions of laws. PRC, Article 2 Need of occupation of state-owned land for construction for a specific construction project within the scope of land for urban construction determined in the overall planning for land utilization will be handled pursuant to the following provisions: (1) At the time of the construction project feasibility study, the competent department of land administration will 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 Regulation on department of land administration must be enclosed the 2. therewith. Implementation Constructi (2) The construction unit will, on the strength of the of the Land on project relevant approval document of the construction Administration land project, file an application for land for construction Law of the processing with the competent department of land administration People, Article procedure of municipal or county people's government, the 22 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 will be submitted to the people's government at the next higher level for approval. (3) Municipal or county people's government will, 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 ~ 11 ~ Items Descriptions of the items Item index 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. The allocation of the right to use land will mean the handover of a tract of land by the People’s Government above the county level for use by a land 3. user in accordance with the law for compensation, Urban real Allocation settlement, etc. or gratis. estate of rights to The right of land use obtained through allocation in administration use land accordance with this law, except those prescribed Article 23 otherwise by the laws and administrative rules, has no time limit. Requisitioning land collectively owned by peasants, will pay the land compensation fees and resettlement fees, compensation for ground attachments and green crops on the land and other costs (hereinafter generally referred to as the land acquisition compensation) in full in accordance with the laws, arrangement of landless peasant’s social security costs, Compensation protection of the landless farmers' basic life security of for land the legitimate rights and interests of landless peasants. acquisition and 4. When the funds for landless farmers' basic livelihood methods of Resettleme have no ability to bear 2 months of payment, the local securing the nt people’s governments will adopt the methods of basic life of compensat transferring social security risk reserve to fill up the landless ion and gap, ensuring that the landless farmers' basic peasants basic life livelihood funds are issued timely. For expropriation (issued in security of land collectively owned by peasants, peasants who 1.1.2010) should participate in the basic life security should be verified. The peasants who have not reached the age of 16 should be provided one-time land compensation fees and resettlement fees. The peasants who participate in the basic life security will receive the basic living allowances in the month of the month after the woman turns 55 years old and the man turns 60 years old respectively. If the peasants who ~ 12 ~ Items Descriptions of the items Item index participate in the basic life security are still not employed after employment training, the People's government of the city or county where they are located will have a certain living allowance. The construction of such facilities as various pipes and lines, and pole networks appendant to urban roads will be carried out upon approval of the competent municipal engineering administrative departments. The temporary occupancy and use of urban roads due to extraordinary circumstances must be approved by the competent municipal engineering administrative department and the public security and traffic administrative departments, and the roads in question may thus be occupied and used as approved. The temporary occupancy and use with approval will not damage urban roads, the sites occupied and used will be promptly cleaned up and restored to the 5. original conditions of urban roads upon the expiration Regulations on Temporary of the approved occupation and use duration; if Administration occupancy damage is made to the urban roads they will be of Urban Roads and use of repaired or compensation will be made therefor. Article 29, 31 urban Where it is required by construction projects to dig and 33 roads urban roads, the examination and approval formalities will be gone through with the competent municipal engineering administrative department and public security and traffic administration department, on the strength of the documents issued with approval of the municipal planning authorities and the relevant design documents. No newly-built, extended or renovated urban road, within 5 years of its completion, and no urban road to which major repairs have been made, within 3 years of the completion of the repair, may be dug up. Where it is needed to dig up due to special circumstances, it will be approved by the people’s governments of cities at or above the county level. 6. Social The urban and rural residents who have the household The endowmen registration of Zhejiang Provence and over the age of implementation t insurance 16 (beside full-time school students), and engage in opinions of the for urban non-state organs, public institutions, social groups People's and rural without attending the basic old-age insurance can Government of ~ 13 ~ Items Descriptions of the items Item index residents participate in the social endowment insurance. Zhejiang Urban-rural social endowment insurance fund should Province on make up of individual pay cost, collective allowance establishing the and government subsidies. Residents who participate social in urban and rural social endowment insurance will endowment pay endowment insurance by the regulation. The insurance standard of basic pension should not less than 60 yuan system for per person per month. The monthly standard of urban and rural personal account pension is divided by 139 per residents personal account. The principle of the monthly payment of the pension will be graded according to the principle of long pay. In another word, for the insured person that has made payment for no more than 5 years (including 5 years), the monthly payment of old-age pension will be calculated and issued by the standard of RMB 1/year; for the insured person that has made payment for more than 6 years and no more than 10 years (including 10 years), the monthly payment of old-age pension will be calculated and issued by the standard of RMB 2/year from the 6th year; for the insured person that has made payment for no more than 11 years (including 11 years), the monthly payment of old-age pension will be calculated and issued by the standard of RMB 3/year from the 11th year. 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 ~ 14 ~ 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 technically and economically viable option, participate in the consultation, and enjoy the opportunity to choose; at full replacement cost, access to 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 during relocation assistance (such as moving allowances); access to housing or housing sites, or agricultural sites as required. Production potential of agricultural production sites, location advantages, and other factors is 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 ~ 15 ~ 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 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 ~ 16 ~ 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. ~ 17 ~ 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 of ZheJiang is the agency assume full responsibility for the project implementation. If necessary, the borrower will do possible coordinating works through project management agency (management office of the project of Harbin smart bus project loaned by World Bank), 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 migrants 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. During the RPF preparation phase, local PMOs and PIUs, including some potential APs have participated the discussion of RPF in Nov 2017, and the main points of the RPF have been disclosed to local APs in Chinese in Dec 2017. 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 is 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 ~ 18 ~ 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 entitled to enjoy the following rehabilitation measures: Mitigation measures taken for resettlement who lost their revenue include: A. Provide alternative commercial points with customer’s 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 resettlement 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 resettlement 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 persons, 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 affected persons 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 ~ 19 ~ 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; 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 resettlement 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 persons 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. ~ 20 ~ 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 Harbin, formulate compensation standards of the various impacts of the project. Deadline for resettlement 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: 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 acquisition The permanent acquisition of collective land affects 12 administrative villages in 6 townships / sub-district offices, covering about 39.4 mu of collective land, affecting 71 households (272 persons). LA compensation is based on the " Land Administration Law of the Peoples Republic of China", “Guiding opinions on improving Land Administration and Resettlement Compensation", “Land Administration Law of the Peoples Republic of China” implemented by Zhejiang province, " notice to update the basic data of benchmark land of ’Chun’an County" (Chun’an, 2016 No. 10) and ’Chun’an County "on the re-released notice of ’Chun’an County Land Administration area comprehensive price” and many other relevant policies and regulations. The detailed compensation standards for the compensation of permanent LA of rural ~ 21 ~ collective land in this project are shown in table 5. According to the Land Management Law and the Land Classification promulgated by the Ministry of Land and Resources, cultivated land refers to the land for planting crops, including paddy fields, dry land, irrigated land and vegetable fields. Constructive land refers to land for the construction of buildings. Types of constructive land include: urban and rural residential and public facilities land, mining land; traffic, water conservancy facilities and other types of land. Table 5 Standards for Compensation of LA of Rural Collective Land (districts and cities) Unit: 10000 Yuan / Mu ’Chun’an County Fengshu Zhongz Items Pingmen Weipin Wangfu Zitong ling hou Villages g Town Villages Town Town Town Cultivated land,Rural 4.0 4.4 4.0 4.4 4.0 4.4 Construction land forest land and unused forest 1.9 1.9 1.9 1.9 1.9 1.9 land others 3.7 3.7 3.7 3.7 3.7 3.7 (b) Resettlement measures for affected persons Ⅰ. Affected persons 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 satisfied by the affected population. If the affected persons are unable to find a satisfactory replacement land, they can be offered the compensation by replacement cost. If the resettlement cannot 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 given a replacement price, in addition to cash compensation for the loss of land and other properties, resettlement programs like opportunities for employment by taking skill trainings 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) shall be compensated at the replacement cost. c) Temporary use of land would be paid by compensation, the compensation rate is ~ 22 ~ 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 persons 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. 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 ~ 23 ~ 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 resettlement’ willing about whether to relocate to the preexisting communities and groups. Table 6Entitlement Matrix Types of affected Types of effect Types of compensation resettlement Policy persons Village land adjustment or Villagers in the cash compensation, skills affected villages, Land compensation, resettlement fees and training, employment with formal land compensation for young crops promotion and support, as Permanent land use rights well as social security expropriation measures landless farmers Assist them in finding Individuals renting Compensation for cultivated crops other agricultural land to land for farming lease Owners of affected New residential land, cash compensation Provide new residential buildings on the for the affected buildings at full land plots acceptable in rural collective replacement cost, relocation allowance, terms of size and land temporary relocation transition accessibility Provide resettlement cash compensation based on assessed housing with equal size, Demolition and Owners of affected market prices; provide replacement location and quality, and reconstruction buildings on housing for the imposed to choose; acceptable to the imposed; of housing state-owned land relocation allowance; transitional or cash compensation relocation sufficient for buying house of this type Negotiated with the owner of the housing Assist them in finding Housing tenants to settle the compensation for losses from other houses to rent termination of the lease contract 1)new business land, or cash Forced compensation based on replacement cost; Provide new business land Loss of resettlement of 2) cash compensation for the loss of the with acceptable size, no-residential business operators business building; 3)transitional support location, and operating buildings and their for the loss of income (including wages); conditions employees 4) allowance for the cost of relocation Loss of Owners of the Cash compensation based on the appendages and appendages and replacement cost other assets other assets The owners or Restore infrastructure and Restore the affected facilities to their Loss of responsible services of the local original state and function, or supply infrastructure agencies of the community, in case of recovery funds to the relevant departments affected facilities negative affect Various types Vulnerable groups Give extra support, to ensure that their ~ 24 ~ Types of affected Types of effect Types of compensation resettlement Policy persons of direct loss such as the poor, income levels and living standards to the elderly, the restore or improve disabled, and women-headed households Affected 1) have priority in females employment; 2) receive agricultural and nonagricultural skills training; 3) receive resettlement information and All involved 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. Free; all costs so Grievances reasonably incurred will All involved and appeals be disbursed from the contingencies ~ 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 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 ~ 26 ~ 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 agency, 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 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. ~ 27 ~  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 People's Government of Zhejiang Province will bear all the costs related to permanent occupation of land compensation fees, the removal of rural resident ’s compensation fees and the affected infrastructure and land attachments compensation costs, related taxes and fees and management fees. 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 these compensations be deducted. The procedures through which the compensation fees goes from Harbin 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. ~ 29 ~ 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. During the RPF preparation phase, local PMOs and PIUs, including some potential Aps have participated the discussion of RPF in Nov 2017, and the main points of the RPF have been disclosed to local APs in Chinese in Dec 2017. 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 persons have fully understood the potential impact of the project, resettlement policies, and income restoration programs. 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 ~ 30 ~ 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 immigrant. The main contents of resettlement information include: all the losses of property; compensation standards; compensation fees and resettlement policy; immigrant 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 organizes 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 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. ~ 31 ~ 9. Grievance Procedure It is the main purpose of the resettlement work to ensure that production and living standards of the affected objects can be restored and improved. Therefore, the resettlement work is conducted after consultation with resettlement, in most cases does not cause complaints. However, in the project implementation process, more or less there will be problems. In order to solve the problems timely and effectively when they appear, so as to safeguard the smooth progress of the resettlement project, and ensure that there are ways for resettlement to complain about the land acquisition, house demolition and resettlement, the project will develop the following grievance procedures:  First stage: The affected population can put forward their grievance in verbal or written form to the village committee/ neighborhood committee, town/ street government, and resettlement implementing agency. Village committee/ neighborhood committee, town/ street government, and resettlement implementing agency must keep a written record of oral complaint, and give a clear reply within two weeks.  Second stage: If the complainant is not satisfied with the reply given in the first stage, the complainant can appeal to the project office of Harbin smart transportation system construction within one month since received reply in the first stage. The project office of Harbin smart transportation system construction must make a decision within three weeks.  Third stage: If the affected populations are not satisfied with the reply of project office of Harbin smart transportation system construction, they can appeal to the leading group of Harbin smart transportation system construction within one month since received the second stage response. The leading group of Harbin smart transportation system construction shall respond within four weeks.  Fourth stage: If the APs are still not satisfied with the reply from the leading group of Harbin smart transportation system construction, they can go to the civil court after they received the decision of the leading group of Harbin smart transportation system construction, according to the Civil Procedure Law. The above ways of complaint, should be publicized in a way that is easy for resettlement, making the resettlement fully understanding their rights to appeal. Relevant units should do field investigations for complaints and grievances raised by resettlement, and fully solicit views of the affected persons, according to state laws and regulations, and principles and standards provided in the resettlement plan, put forward dealt opinions objectively and impartially. ~ 32 ~ 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 employment resettlement for resettlement: the main resettlement ways for rural migrants (land adjustment resettlement, resettlement by developing new land, enterprises and institutions resettlement, self-employment resettlement, pension insurance resettlement, etc.), the number of the persons, resettlement employment 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 resettlement of resettlement: 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 resettlement 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; ~ 33 ~ (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 resettlement’ production and employment, and the implementation status of the recovery plan. (6) Resettlement housing reconstruction and living resettlement: 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 resettlement 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; ~ 34 ~ (10) Complaints and appeals: through access to documents, information and field survey on typical household, monitoring the complaints and grievances procedures for resettlement, 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. ~ 35 ~