PRC: Lanzhou-Chongqing Railway Development Resettlement Action Plan Monitoring Report No. 1

Transcription

1 Resettlement Monitoring Report Project Number: April 2010 PRC: Lanzhou-Chongqing Railway Development Resettlement Action Plan Monitoring Report No. 1 Prepared by: CIECC Overseas Consulting Co., Ltd Beijing, PRC For: Ministry of Railways This report has been submitted to ADB by the Ministry of Railways and is made publicly available in accordance with ADB s public communications policy (2005). It does not necessarily reflect the views of ADB.

2 The People s Republic of China ADB Loan Lanzhou Chongqing RAILWAY PROJECT EXTERNAL MONITORING & EVALUATION OF RESETTLEMENT ACTION PLAN Report No.1 Prepared by April 2010 Beijing 10

3 TABLE OF CONTENTS PREFACE 4 OVERVIEW PROJECT BRIEF DESCRIPTION PROJECT AND RESETTLEMENT PROGRESS PROJECT PROGRESS LAND ACQUISITION, HOUSE DEMOLITION AND RESETTLEMENT PROGRESS MONITORING AND EVALUATION RESETTLEMENT AUTHORITIES LAND ACQUISITION AND HOUSE DEMOLITION MONITORING LAND ACQUISITION MONITORING GANSU PROVINCE LANZHOU CITY DINGXI CITY LONGNAN CITY SHAANXI PROVINCE SICHUAN PROVINCE GUANGYUAN CITY NANCHONG CITY GUANG AN CITY CHONGQING CITY HOUSE DEMOLITION MONITORING GANSU PROVINCE LANZHOU CITY DINGXI CITY LONGNAN CITY SHAANXI PROVINCE SICHUAN PROVINCE GUANGYUAN CITY NANCHONG CITY GUANG AN CITY CHONGQING CITY CHONGQING CITY ATTACHMENT AND INFRASTRUCTURE MONITORING ATTACHMENT MONITORING AFFECTED INFRASTRUCTURE MONITORING LAND ACQUISITION AND HOUSE DEMOLITION COMPENSATION STANDARDS AND PAYMENT MONITORING POLICIES ON LAND ACQUISITION AND HOUSE DEMOLITION COMPENSATION LAND ACQUISITION, HOUSE DEMOLITION AND RESETTLEMENT COMPENSATION STANDARDS MONITORING COMPENSATION STANDARDS FOR LAND ACQUISITION COMPENSATION STANDARDS FOR HOUSE DEMOLITION AND RELOCATION PAYMENT FOR COMPENSATION FOR LAND ACQUISITION AND HOUSE DEMOLITION GANSU PROVINCE SHAANXI PROVINCE SICHUAN PROVINCE CHONGQING MUNICIPALITY AP RESETTLEMENT RESULTS MONITORING AP RESETTLEMENT HOUSE DEMOLITION AP RESETTLEMENT SOCIAL AND ECONOMIC IMPACTS OF LCR PROJECT EXECUTION TYPICAL INTERVIEWS CONDUCTED BY EXTERNAL MONITORING EVALUATION TEAMS GANSU PROVINCE SHAANXI PROVINCE SICHUAN PROVINCE CHONGQING MUNICIPALITY CONCLUSION, PROBLEM AND RECOMMENDATION MONITORING EVALUATION CONCLUSION

4 9.2 PROBLEM AND RECOMMENDATION ARRANGEMENT OF EXTERNAL MONITORING INSTITUTION FOR FURTHER WORK ANNEXURE... ERROR! BOOKMARK NOT DEFINED NAME LIST OF VILLAGES AFFECTED BY LAND ACQUISITION AND HOUSE DEMOLITION FOR LCR CONSTRUCTION... ERROR! BOOKMARK NOT DEFINED NAME LIST OF DEMOLISHED AND RELOCATED BUSINESSES, GOVERNMENT-SPONSORED ORGANIZATIONS AND SCHOOLS... ERROR! BOOKMARK NOT DEFINED PHOTOS TAKEN ON-SITE... ERROR! BOOKMARK NOT DEFINED. 3

5 Preface In accordance with the loan agreement between the Ministry of Railway and Asia Development Bank (ADB), the external monitoring institution (Intuition) for resettlement under Lanzhou-Chongqing Railway (LCR) Development Project needs to submit external monitoring report to ADB bi-annually. From February to March 2010, the Institution has formed two monitoring investigation and evaluation teams to conduct monitoring investigation along the to-be-built railway in Gansu, Sichuan, Shaanxi and Chongqing, according to predefined monitoring investigation outlines and evaluation indicators. The investigation covers relevant data and materials for resettlement report, and meanwhile, contributions of women participation and project execution to local social development and poverty reduction. This article is the 1 st issue of external monitoring report, with underlying information not later than March In evaluation, data related to land acquisition, house demolition and people resettlement is provided by resettlement authorities of local governments along LCR, and reference to macro-data from LYRC is also made. The external independent monitoring evaluation work of the Institution has received collaboration and support from MOR, project owner LYRC, the project executing parties and the local governments along LCR in Gansu, Sichuan, Shaanxi and Chongqing, and the Institution hereby acknowledges their contributions. 4

6 Overview 1. LCR spans km, with Lanzhou to Guanyuan (excluded) km, Guangyuan (included) to Chongqing km, and newly-built single track between Nanchong, Guang an and Gaoxing km. The planned total investment is RMB billion, including ADB loan USD 300 million. The project takes 6 years to complete, and land acquisition and house demolition affects 246 villages, 77 towns/townships, 20 counties/districts and 7 cities in Gansu, Sichuan, Shaanxi and Chongqing: in Gansu, Yuzhong County and Chengguan District of Lanzhou City, Min County, Zhang County, Weiyuan County, Linyao County and Anding County of Dingxi City, and Wudu District and Dangchang County of Longnan City; in Shaanxi, Ningqiang County of Hanzhong City; in Sichuan, Chaotian District, Lizhou District, Yuanbai District and Changxi County of Guangyuan City, Langzhong City, Nanbu County, Jialing District and Shunqing District of Nanchong City, and Wusheng County of Guang an City; and in Chongqing, Hechuan District. LCR starts from Lanzhou Railway Hub in Gansu to span southward and passes successively Dingxi and Longnan of Gansu, Hanzhong of Shaanxi, Guangyuan, Nanchong and Guang an of Sichuan and Hechuang of Chongqing to reach Chonqing railway hub. A single track will branch from Nanchong to connect Gaoxing. 2. Permanent acquisition of land of 28, mu and house demolition of 833,836.00m2 has been made for this project, with 2,980 households and 9,540 people being affected. In Gansu, 13, mu of land has been permanently acquired and 644,011.00m 2 of house demolished; in Shaanxi, mu and m 2 ; in Sichuan, 13, mu and 188,550.00m 2 and in Chongqing, 1, mu and m In comparison with RAP plan for LCR, the originally planned permanent land acquisition is 24,694 mu and the actual is 115.7% higher. In Gansu, actual permanent land acquisition is 118.1% of 112,344 mu as per RAP plan, in Shaanxi, 93.3% of 79 mu as per RAP plan, in Sichuan, 130.5% of 10,690 mu as per RAP plan and in Chongqing, 61.6% of 2,691 mu as per RAP plan. Actual house demolition is 70.1% of 1,189,240m2 as per RAP plan. 4. As of Dec 31 st, 2009, actual compensation made to APs in Gansu was RMB million, and this was made to APs under town/township level only, without considering the 5

7 administration expenses and the compensation made by parties other than county/district resettlement authorities. 5. In Shaanxi, the executing parties have advanced RMB4.7 million for land acquisition and house demolition expenses. 6. In Sichuan, actual compensation made to APs was RMB million, including million in Guangyuan, million in Nanchuang and million in Guang an. 7. In Chongqing, actual compensation made to APs was RMB million. 8. LCR land acquisition compensation and resettlement authorities offers APs multiple resettlement options, including reserved land resettlement, cash compensation to APs, farming to non-farming household registration and joining social security and employment system. 9. It can be safely concluded from the various and massive information gathered that during the process of land acquisition, house demolition, resettlement and compensation for LCR project, the APs has been well resettled, restoration of their living is effective and majority of the APs feel satisfied with compensation and resettlement. 10. But some problems are still pending for solution, including: dilapidated houses outside of the Red Line needs to be examined and treated; some resettled households whose houses were demolished but land is not acquired now reside long distance from their land; some temporarily acquired land can longer be re-cultivated and needs to be checked by qualified institutions so that it can be treated as permanently acquired land; and project execution cuts off irrigation to some farmlands and at many places it is not possible to add new irrigating facilities, so local governments and villagers require to treat such as dry-land and to make according compensation. The monitoring team acknowledges that most problems have been raised and are pending for solution, and hopes that competent authorities to accelerate handling to avoid impact on farming work. Some cornered land lots that have no access or water supply are created by project execution, and local governments and villagers require the executing parties to acquire them, to which the LCR Project Construction Headquarters reply that it is unnecessary to acquire the land, but appropriate compensation can be made. The monitoring team acknowledges that most problems have been closed, but some are still open, and the team 6

8 hopes that the competent authorities to accelerate handling to avoid impact on farming work. Large volume of water gathers in many tunnels due to limits of railway speed raising and design, which brings about considerable inconveniences to living and work of residents along the railway. APs complain strongly and competent authorities have already taken measures, but water gathering in some tunnels remains unresolved up to date. It is hoped that competent authorities take expedient efforts to protect the interests of the re-settlers. At some places, compensation agreement has been reached with numerous small businesses, such as small workshop and small store, for land acquisition and house demolition, but the land for resettlement can t be arranged in time. The Institution believes that this will present potential adversities to the resettlement of these affected small businesses and their restoration of operations. It is recommended that more secured resettlement approach be developed for these affected small businesses to help them resume operations. 1. Project Brief Description LCR spans km, with total planned investment RMB billion. It starts on the north from Lanzhou, passes central and southern Gansu, lightly touches southwest corner of Shaanxi, dives into Eastern Sichuan and joins other railways in Chongqing. From Lanzhou Eastern Railway Station where it starts, LCR runs south to join Longhai Railway in Jinya, and then it extends into deeper south to reach Nanchong and then passes Guang an to reach Chongqing Northern Railway Station. LCR will be an electrified double track constructed to MOR s Class 1 standards, with a carrying capacity designed to provide high speed, 200km/hr passenger trains, as well as lower speed express passenger train service (160 km/hr) and double stack container freight trains at 120 km/hr. Land acquisition and house demolition for the main line of this project affects 246 villages, 77 towns/townships, 20 counties/districts and 7 cities in Gansu, Sichuan, Shaanxi and Chongqing: in Gansu, Yuzhong County and Chengguan District of Lanzhou City, Min County, Zhang County, Weiyuan County, Linyao County and Anding County of Dingxi City, and Wudu District and Dangchang County of Longnan City; in Shaanxi, Ningqiang County of Hanzhong City; in Sichuan, Chaotian District, Lizhou District, Yuanbai District and Changxi County of Guangyuan City, Langzhong City, Nanbu County, Jialing District and Shunqing District of Nanchong City, and Wusheng County of Guang an City; and in Chongqing, Hechuan District. 7

9 11. LCR is a railway funded and built by MOR and three provinces (city) as Gansu Province, Shaanxi Province, Sichuan Province and Chongqing Municipality. LYRC, having formally registered with industrial and commercial administration authority of Lanzhou City on Mar 19 th, 2010, is mainly responsible for project implementation and management. 12. To execute LCR project, a company (LYRC) is formed to be mainly responsible under the leadership of the board of directors, execution work will be contracted to a main contractor, project design will be provided on consultation basis and the implementation will be monitored by independent supervisors. Departments for general affairs, plan and finance, technology and equipment, safety and quality, project management and land acquisition and demolition are established, and two on-site offices respectively under the leadership of two vice general managers, including Longnan Project Construction Headquarters (Lanzhou to Guangyuan (excluded) km) and Nanchong Project Construction Headquarters (Guangyuan (included) to Chongqing km) are also founded to coordinate project execution. 13. The LCR project will be executed in parallel in two execution units as Xiaguan Ying to Guangyuan and Guangyuan to Chongqing. Four laying bases will be setup as Jinya Laying Base, Nanchong Laying Base, Xinglong Chang Laying Base and Gaoxing Laying Base. The project is contracted by LYRC and contracted to 16 executing parties and 13 supervision parties through bid selection for 16 tender packages. Table 1-1 lists the executing and supervising parties for each bid section. 8

10 Table 1-1 Executing and Supervising Parties for Each Bid Section of LCR No. Sec. Executing Party Supervising Party Railway Mileage Bid Section Length (Km) China Railway 19 th Bureau 1 LYS-1 Xi an Engineering Consultancy and Supervision Co., Ltd., FSDI DK DK China Railway 10 th Bureau 2 LYS-2 China Railway 16 th Bureau Gansu Tieke Construction Supervision Co., Ltd. DK DK LYS-3 4 LYS-4 China Railway Tunnel Group China Railway 7 th Bureau China Railway 13 th Bureau China Railway 11 th Bureau Beijing Tiecheng Construction Supervision Co., Ltd. DK DK Beijing Tieyan Construction Supervision Co., Ltd. DK DK LYS-5 CCCC 2 nd Highway Engineering Co., Ltd. Lanzhou Jiaotong University Construction Supervision Co., Ltd. DK DK LYS-6 CCCC 1 st Harbor Engineering Co., Ltd. Inna Mongolia Jingyuan Construction Supervision Co., Ltd. DK DK XQLS1 China Railway 13 th Bureau Sichuan Tieke Construction Supervision Co., Ltd. DK DK (Right to Line) XQLS2 China Railway Tunnel Group Sichuan Tieke Construction Supervision Co., Ltd. DK DK (Left to Line) LYS-7 China Railway 21 st Bureau Gansu Xinda Construction Supervision Co., Ltd. DK DK LYS-8 China National Coal Group Corp. Zhengzhou Zhongyuan Construction Supervision Co., Ltd. DK DK LYS-9 China Railway 18 th Bureau Zhengzhou Zhongyuan Construction Supervision Co., Ltd DK DK LYS-10 China Railway 2 nd Bureau SSDI Engineering Consultancy and Supervision Co., Ltd., DK DK LYS-11 China Road & Bridge Corp. Beijing Fangda Construction Supervision Co., Ltd. DK DK LYS-12 CCCC 1 st Highway Engineering Co., Ltd. Henan Changcheng Construction Supervision Co., Ltd. DK DK LYS-13 China Railway 1 st Bureau Henan Changcheng Construction Supervision Co., Ltd. ID2K ID2K Not Within Supervision 16 LYS-14 China Railway 10 th Bureau Beijing Tiecheng Construction Supervision Co., Ltd. DK DK

11 14. The Institution has confirmed with the local governments along LCR that 246 villages, 77 townships/towns and 22 counties of the three provinces and one municipality are to be affected by land acquisition and house demolition. Please refer to Annex I for affected villages. 2. Project and Resettlement Progress 2.1 Project Progress 15. In accordance with the latest progress brief submitted by Department of Project Management, LYRC, the project is executed smoothly in terms of accomplished real work quantity. As of end of February 2010, RMB million, or 0.82% of total investment has been invested to complete million m 3 of earthwork (e.g. 7.43% of design), 13, linear meters of bridges (e.g. 6.84% of design) and 58, hole-meters of tunnel (e.g. 9.33% of design). 2.2 Land Acquisition, House Demolition and Resettlement Progress 16. Land acquisition and house demolition for LCR is performed and paid by local governments, with the expenses being treated as shares paid by local governments to LYCR. Gansu, Shaanxi, Sichuan and Chongqing undertake to raise, utilize and allocate the funds to acquire lands and demolish houses, and to make the according compensations, and LYCR needs to collaborate with local governments in land acquisition and house demolition. 17. The land acquisition and house demolition data (Table 2-1) as of end of February 2010 furnished by LYCR shows that land acquisition and house demolition in some counties and districts has already finished, where work in Chongqing is still in progress, and work in other places has finished by over 50%. 18. According to information provided by local resettlement authorities along LCR, in the four affected provinces/municipality, totally 28, mu of land has been acquired permanently by the Project, with detailed distribution for each province/district/county as shown in Table In terms of land acquisition progress, permanent acquisition for resettlement has been accomplished by 116.9%. When comparing with RAP plan, it was originally planned to permanently acquire land of 24,694 mu, and the actual acquired is 15.7% more, of which actual acquired land in Gansu is 118.1% of RAP planned 112,344 mu, in Shaanxi 93.3% of RAP planned 79 mu, in Sichuan % of RAP planned 10,690 mu and in Chongqing 61.6% of RAP planned 2,691 mu. 10

12 20. Land to be temporarily acquired for resettlement has been initially determined to be 20,826 mu, of which 8, mu has already been acquired. Gansu has acquired 6, mu, 49.4% of the 12,254 mu for resettlement plan, Sichuan 1, mu, 28.7% of the 6,816 mu for resettlement plan, and Chongqing mu, 21.9% of the 1,733 mu for resettlement plan. Temporarily needed land can be consulted by contracting parties with local villagers. 11

13 Table 2-1 LCR Project Land Acquisition and House Demolition Progress Table Land Acquisition House Demolition No. Location Permanent Mu Temporary Mu House Demolished m 2 Total in 2009 (Actual) Since Kick-off Total in 2009 Since Kick-off Total in 2009 Since Kick-off Lanzhou 3, , , , Yuzhong 2, , , , , , Dingxi 2, , , , Longnan 1, , , , Gansu Sub-total 13, , , Ningqiang Shaanxi Sub-total Guangyuan 2, , , , ,

14 Nanchong 4, , , Guang an 2, , , Sichuan Sub-total 13, , , Hechuan 1, , Chongqing Sub-total 1, Total 28, , ,

15 22. Data from local resettlement authorities shows that as of 1 st issue of LCR external monitoring report, 833,836.00m2 of house has been demolished. 23. In terms of house demolition progress, 70% of the 1189,240m 2 planned for resettlement has been demolished, of which Gansu has demolished 644,011.00m 2, or 198.5% of the planned 324,220m 2, Sichuan m 2, or 23.6% of the planned m 2, and Chongqing m 2, or 1.2% of the planned 64,301m 2. House demolition is in progress. 24. In addition to demolishing residential housing, at 37 sites large housing of businesses, government-sponsored institutions and schools has also been demolished, of which 18 is in Gansu, 7 in Sichuan and approximately 12 in Chongqing (without adequate detailed information). Please refer to Annex II. 25. In general the resettlement proceeds smoothly, and as of this phase of external monitoring investigation, compensation for land acquisition and house demolition along LCR has already been made, and housing land for building new houses has been provided to APs on FOC basis, where for new houses are under construction, most APs have not moved into new houses. Demolition of business houses is still in consultation. 3. Monitoring and Evaluation 26. This phase of resettlement external monitoring is the 1 st phase of external monitoring for LCR project. To successfully complete external monitoring and evolution, the Institution (Beijing Zhongzi Overseas Consultation Co., Ltd.) formed dedicated monitoring and evaluation teams and defined scope, contents, monitoring indicators, methodology and schedule of the independent monitoring and evolution in accordance with the agreed Independent Monitoring and Evaluation Work Outlines and External Independent Monitoring On-site Investigation Work Scheme st phase of monitoring and evaluation on-site investigation was performed along LCR in February to March The Institution dispatched two on-site investigation and evaluation teams to perform external monitoring and evaluation in the three provinces and one municipality. The teams visited LYCR headquarters, Longnan Project Construction Headquarters, Nanchong Project Construction Headquarters, Land Consolidation and Land Consolidation and Acquisition Office of Chengguan District of Lanzhou City, and resettlement and land administration authorities at the following places: in Gansu, Yuzhong County, Aning District, Anding District of 14

16 Dingxi City, Weiyuan County, Zhang County, Min County, Dangchang County of Longnan City, and Wudu District; in Shaanxi, Hanzhong City; in Sichuan, Qingchuan County, Chaotian District, Shizhong District, Yuanba District, Changxi County of Guangyuan City, Nanbu County, Shunqing District, Gaoping District and Langzhong City of Nanchong City, and Wusheng County of Guang an City; and Hechuan County of Chongqing Municipality. The teams also held interviews with 16 project contractors along LCR. The teams gather macro-data and acknowledge resettlement progress through visits to villages and rural households and interviews with resettlement authorities at county/district level, and sometimes at township/town level. 4. Resettlement Authorities 28. Resettlement authorities for LCR project consists of one dedicated land acquisition and house demolition commissioner at the high-level project coordination institution Foreign Capital and Technical Import Center of MOR, resettlement coordination authorities at province/municipality level, and land acquisition and house demolition office of LYCR. Competent authorities at county level will actually perform land acquisition, house demolition and resettlement under the consolidated arrangement of the province-level coordinating authorities. Tender Invitation LYRC Consultation Empowerment and Assistance Monitoring Institution for House Demolition Contr a-acti Executing Parties Project Supervision Party Execution Supervisio LCR Project Construction Project Execution Evaluation 15

17 Figure 4-1 Block Diagram for Resettlement Monitoring Process 5. Land Acquisition and House Demolition Monitoring 29. As of December 2009, land of 28, mu has been acquired for construction of tracks, stations and auxiliary buildings of LCR, and 832,561.00m 2 of house been demolished. Local resettlement authorities have not estimated number of the affected households and people. 5.1 Land Acquisition Monitoring 30. As of this phase of on-site external monitoring, LCR project has actually acquired 115.7% more land than the 24,694 mu as RAP originally planned, of which Gansu has acquired 118.1% of RAP planned 112,344 mu, Shaanxi 93.3% of RAP planned 79 mu, Sichuan 130.5% of RAP planned 10,690 mu, and Chongqing 61.6% of RAP planned 2,691 mu. 31. The project has temporarily acquired land of mu, 115.7% of the orginally planned land as per RAP, of which Gausan has aquired 118.1% of RAP planned 112,344 mu, Shaanxi 93.3% of RAP planned 79 mu, Sichuan 130.5% of RAP planned 10,690 mu and Chongqing 61.6% of RAP planned 2,691 mu Gansu Province 32. In Gansu province, land acquisition and house demolition for LCR involves Chengguan District and Yuzhong County of Lanzhou City, Min County, Zhang County, Weiyuan County, Linyao County and Anding County of Dingxi City, Wudu District and Dangchang County of Longnan City, with permanently acquired land up to 13, mu. Please refer to Table 2-1 for details Lanzhou City 33. Yuzhong County and Chengguan District are affected by permanent land acquisition of 7, mu, or 128.2% of RAP planned 5,727 mu, with Yuzhong acquired 3, mu and Chengguan District 3, mu. 16

18 Dingxi City 34. Min County, Zhang County, Weiyuan County, Linyao County and Anding County are affected by permanent land acquisition of 2,927 mu, or 106.4% of RAP planned 2,749 mu Longnan City 35. Wudu District and Dangchang County are affected by permanent land acquisition of 3, mu, or 108.8% of RAP planned 2,758 mu Shaanxi Province 36. Only one county Ningqiang of Hanzhong City is affected by permanent land acquisition of mu, or 88.5% of RAP planned 83 mu Sichuan Province 37. Chaotian District, Qingchuan County, Shizhong District, Yuanbai District and Changxi County of Guangyuan City, Nangzhong City, Nanbu County, Jianing District, Shunqing District and Gaoping District of Nanchong City, and Wusheng County of Guang an City will be affected by permanent land acquisition of 13, mu, or 130.5% of RAP planned 10,690 mu. Please refer to Table 2-1 for details Guangyuan City 38. Chaotian District, Qingchuan County, Shizhong District, Yuanbai District and Changxi County will be affected by permanent land acquisition of 3, mu, or 108.5% of RAP planned 3,358 mu Nanchong City 39. Nangzhong City, Nanbu County, Jiangling District, Shunqing District and Gaoping District will be affected by permanent land acquisition of 6, mu, or 99.8% of RAP planned 6,092 mu Guang an City 40. Only Wusheng County will be affected by land acquisition of 4, mu, or 341.0% of RAP planned 1,240 mu. 17

19 5.1.4 Chongqing City 41. Only Hechuan District will be affected by land acquisition of 1, mu, or 61.5% of RAP planned 2,691 mu. 5.2 House Demolition Monitoring 42. For details about house demolition for LCR project, please refer to Table 2-1. House demolition of 833,836.00m 2, 70.1% of RAP planned 1,189,240m 2, has already been made along LCR. 43. In addition to residential house demolition, large housing owned by businesses, government-sponsored institutions and schools also has been demolished at 37 sites, of which 18 is in Gansu, 7 in Sichuan and 12 in Chongqing. Please refer to Annex II for details Gansu Province 44. House demolition of 644,011.00m 2 has been made in 7 counties of 3 cities in Gansu Province, or 198.6% of RAP planned 324,220m Lanzhou City 45. House demolition of 174,213.00m 2 has been made in Lanzhou, or 74% of RAP planned 235,367.00m 2, including 135,890.00m 2 in Yuzhong County and 38,323.00m 2 in Chengguan County respectively Dingxi City 46. House demolition of 194,005.00m 2 has been made in Min County, Zhang County, Weiyuan County, Linyao County and Anding County, or 444.9% of RAP planned 43,383.00m Longnan City 47. House demolition of m 2 has been made in Wudu District and Dangchang County, or 606.5% of RAP planned 45,470m Shaanxi Province 48. Only 500m 2 of house has been demolished in Ningqiang County of Hanzhong City, or 40% of RAP planned 1,250.00m 2. 18

20 5.2.3 Sichuan Province ,550.00m 2 of house, or 23.6% of RAP planned 799,469.00m 2, has been demolished in Chaotian District, Lizhou District, Yuanba District and Changxi County of Guangyuan City, Nangzhong City, Nanbu County, Jialing District and Shunqing District of Nanchong City, and Wusheng County of Guang an City Guangyuan City 50. In the four counties/districts affected by LCR, including Chaotian District, Lizhou District, Yuanba District and Changxi County, house demolition of 28,000,00m 2 has been made, or 7.3% of RAP planned 380,980.00m Nanchong City 51. Land acquisition is in progress in affected Langzhong City, Nanbu County, Jialing District and Shunqing District, and house demolition of 22,850.00m 2 has been made, or 5.9% of RAP planned 384,849.00m Guang an City 52. Only Wusheng County is affected by LCR project, and house demolition of 137,700.00m2 has been made, or 409.3% of RAP planned 33,640.00m Chongqing City Chongqing City 53. Only Hechuan District is affected, where house demolition of m 2 has been made, or 1.2% of RAP planned 64,301.00m Attachment and Infrastructure Monitoring 6.1 Attachment Monitoring 54. In this phase of monitoring investigation and evaluation, the resettlement external monitoring teams only obtain attachment information provided by resettlement authorities of Gansu Province 19

21 and Sichuan Province, as Table 6-1 shows. Shaanxi Province and Chongqing Municipality fail to submit detailed statistics. 20

22 Table 6-1 Affected Attachments in Counties of Yuling, Gansu Apple, Pear, Peach, Poplar Tree, Landsc County/ District Jujube Tree Almond, Plum and Willow Tree and Other ape Conife Willow for Rafter Nursery (mu) Herbs (mu) Special Tree phylloxera Trees r grape, etc. Yuzhong 300 9,847 4, Chengguan Anding 702 Linyao Weiyuan 2,169 4, Zhang County Min County 8,174 5, Dangchang ,795 55, ,601 0 Wudu ,988 84, , Gansu Total , , , ,603 8 Changxi 20, ,495 Langzhong 51,000 8,140,000 Nanbu Shunqing 5.7 Chaotian Lizhou 8 2,925 1, Sichuan Total , , Total 1, ,813 8,497, , ,

23 6.2 Affected Infrastructure Monitoring 55. In this phase of external monitoring evaluation, some counties/districts submit data on affected infrastructure, as Table 6-2 shows. Table 6-2 Infrastructure Affected by LCR Project Item Measurement Number Wire Pole Unit/m² 52 10KV Wire Pole V Wire Pole V Wooden Wire Pole 77 Transformer 16 Uncovered Channel m² 20,430 Bridge 8 Road m² 71,560 Rural Road m² 52,960 Tomb 1530 Underground Structure m 0 Gas Pipe m 42 Water Supply Pipe m 37,650 Drainage Pipe m 534 Communication Cable m 23,063 Power Cable m 9,050 Heat Supply Pipe m 4,441 Flower Bed m 2,505 Tap Water Pipe m 36,355 Vegetable Shed m² 1, Motor-pumped Well 205 Bush 3,966 22

24 7. Land Acquisition and House Demolition Compensation Standards and Payment Monitoring 7.1 Policies on Land Acquisition and House Demolition Compensation 56. Compensation for land acquisition and house demolition under LCR project will be carried out in strict compliance with Land Administrative Law of PRC, Implementation Methods for Land Administrative Law of PRC and Regulations on House Demolition and Resettlement that are promulgated by State and local governments, compensation agreements reached between MOR and the involved provinces, and the compensation standards defined in Resettlement Action Plan as mutually agreed by ADB and MOR. These laws and regulations, in essence, intend to ensure that APs can rapidly restore their work and living to level before the impacts, and restoration costs should be deemed as the evidence to justify the compensation standards. Land and acquisition and house demolition for LCR project is carried out in compliance with the following laws and regulations: i. Land Administration Law of PRC, August 1998; revised by People s Congress on August 28, 2004 with an order entitled: Decisions on Modification on PRC Land Administration Law. ii. Urban Land and Housing Property Administration Law of PRC, April iii. iv. The State Council s Decision on Further Reform to Strictly Implement Land Administration, State Document No.28 (2004). Regulations on Implementation Methods for the Land Administration Law of PRC, December v. Administrative Regulations for Urban Housing Demolition and Relocation of PRC, June vi. Law of the People s Republic of China on Administration of Urban Real Estate, April, vii. Basic Farmland Protection Regulations, December viii. Circular of the Central Committee of the Communist Party of China and the State Council Concerning Further Enhancing Land Administration and Earnestly Protecting Cultivated Land,

25 ix. Gansu Province Implementation Method for Land Administrative Law of PRC, March 2003 x. Property Law, 2007 xi. xii. xiii. xiv. xv. xvi. Sichuan Province Implementation Method for Land Administrative Law of PRC, December 1999 Chongqing Municipality Implementation Method for Land Administrative Law of PRC, May 1999 Lanzhou City Implementation Method for Land Administrative Law of PRC Dingxi City Implementation Method for Land Administrative Law of PRC Guangyuan City Implementation Method for Land Administrative Law of PRC Guang an City Implementation Method for Land Administrative Law of PRC xvii. ADB s Policies on Involuntary Resettlement, xviii. ADB s Policy on Aboriginals, xix. Conference Summary on Accelerating LCR Construction, MOR Circular No. 150, 2005 xx. xxi. xxii. xxiii. xxiv. Conference Summary on Accelerating Initial Phase of LCR Project, MOR Circular No. 114, 2007 Notice on Compensation Standards for Land Acquisition and On-ground Attachments (within Dingxi City) for LCR by Gansu Provincial Administration of State Land and Resource, Circular No.1, 2009 Notice on Compensation Standards for Land Acquisition and On-ground Attachments (within Lanzhou City) for LCR by Gansu Provincial Administration of State Land and Resource, Circular No.2, 2009 Notice on Compensation Standards for Land Acquisition and On-ground Attachments (within Longnan City) for LCR by Gansu Provincial Administration of State Land and Resource, Circular No.3, 2009 Notice on Publicizing Compensation Standards for House Demolition within Gansu for LCR, Circular No. 574,

26 xxv. xxvi. xxvii. xxviii. xxix. xxx. xxxi. xxxii. xxxiii. xxxiv. xxxv. Explanation on Compensation Standards for Land Acquisition and On-ground Attachments for LCR, Gansu Provincial Land Acquisition Office, December Notice on Publishing Methods for Land Acquisition, Compensation and Resettlement by Hanzhong City People s Government, Document No.33, Notice on Publishing Compensation Methods for Land Acquisition, House Demolition and Attachment Removal within Ningqiang County for LCR by Ningqiang County People s Government, Document No. 21, Guangyuan City s Compensation Standards for On-ground Attachments on the Acquired Land and Methods for House Demolition and Resettlement, Document No.10, Letter of Guangyuan City People s Government on Average Annual Farmland Output Three Years before Land Acquisition, Document No. 105, Report on Cost Estimation for Land Acquisition within Guangyuan City for LCR by Key Construction Office of Guangyuan City People s Government, Document No.12, 2009 Letter of Nanchong City Development and Reform Committee on Reporting Compensation Standards for Land Acquisition, House Demolition and Resettlement within Nanchong City for LCR, Document No. 20, Compensation Implementation Methods for Land Acquisition, House Demolition and Resettlement with Guang an City for LCR, Document No. 4, Report by Guang an City Development and Reform Committee on Initial Cost Estimation for Land Acquisition, House Demolition and Resettlement within Guang an City for LCR, Document No. 261, Notice on Adjusting Policies on Compensation for Land Acquisition by Chongqing City People s Government, Document No. 45, Notice on Adjusting Policies on Compensation for Land Acquisition by Chongqing City Hechuan District People s Government, Document No. 15,

27 7.1.1 Land Acquisition, House Demolition and Resettlement Compensation Standards Monitoring Compensation Standards for Land Acquisition 57. Policies enacted by Gansu Provincial Administration of State Land and Resource for land acquisition for LCR in Lanzhou City, Dingxi City and Longnan City includes Notice on Compensation Standards for Land Acquisition and On-ground Attachments (within Dingxi City) for LCR by Gansu Provincial Administration of State Land and Resource, Circular No.1, 2009, Notice on Compensation Standards for Land Acquisition and On-ground Attachments (within Lanzhou City) for LCR by Gansu Provincial Administration of State Land and Resource, Circular No.2, 2009, and Notice on Compensation Standards for Land Acquisition and On-ground Attachments (within Longnan City) for LCR by Gansu Provincial Administration of State Land and Resource, Circular No.3, These three documents have defined that compensation plan for permanent land acquisition in Gansu Province includes compensation for land, allowance for resettlement and compensation for standing-crops or woods, with actual standards varying for each city. Please refer to Table 7-1 for details. Compensation for temporarily acquired land will be determined in accordance with type of land and length of tenure, and the temporarily acquired land shall be re-cultivated by the executing parties. Table 7-1 Compensation Standards for Permanently Acquired Land, Gansu Province County/City Lanzhou Dingxi Longnan Note Compensation Standards for Permanent Land Acquisition (RMB10,000/mu) Vegetable Irrigated Dry Land Woodland Wasteland Land Land Planned Actual Planned Actual Planned Actual Table 7-2 Compensation Standards for Temporary Land Acquisition 26

28 County/City Lanzhou Dingxi Longnan Compensation Standards for Temporary Land Acquisition (RMB10,000/mu.Year) Irrigated Dry Land Waste Land Land Planned Actual Planned Actual Planned Actual Policies enacted by Ningqiang County People s Government, Shaanxi Province for land acquisition for LCR includes Notice on Publishing Methods for Land Acquisition, Compensation and Resettlement by Hanzhong City People s Government, Document No. 33, 2006, and Notice on Publishing Compensation Methods for Land Acquisition, House Demolition and Attachment Removal within Ningqiang County for LCR by Ningqiang County People s Government, Document No. 21, In accordance with such two documents, compensation plan for permanent land acquisition in Shaanxi Province include compensation for land, allowance for resettlement and compensation for standing crops or woods. Please refer to Table 7-3 for actual compensation standards. Compensation for temporarily acquired land will be determined in accordance with type of land and length of tenure, and the temporarily acquired land shall be re-cultivated by the executing parties. For actual compensation standards, please refer to Table 7-4. Table 7-3 Compensation Standards for Permanently Acquired Land, Shaanxi Province County/City Ning Qiang City Note Compensation Standards for Permanent Land Acquisition (RMB10,000/mu) Vegetable Irrigated Land Dry Land Woodland Wasteland Land Planned Actual

29 Table 7-4 Compensation Standards for Temporary Land Acquisition County/City Compensation Standards for Temporary Land Acquisition (RMB10,000/mu.Year) Irrigated Land Dry Land Waste Land Ningqiang Planned County Actual Policies enacted by Sichuan Province for land acquisition for LCR in Guangyuan City, Nanchong City and Guang an City include Guangyuan City s Compensation Standards for On-ground Attachments on the Acquired Land and Methods for House Demolition and Resettlement, Document No.10, 2009, Report on Cost Estimation for Land Acquisition within Guangyuan City for LCR by Key Construction Office of Guangyuan City People s Government, Document No.12, 2009, Compensation Implementation Methods for Land Acquisition, House Demolition and Resettlement with Guang an City for LCR, Document No. 4, 2009, and Report by Guang an City Development and Reform Committee on Initial Cost Estimation for Land Acquisition, House Demolition and Resettlement within Guang an City for LCR, Document No. 261, All these documents have only proposed the initial scheme but not the standards in detail. Except that Nanchong City has defined standards for compensation for on-ground attachments and house demolition, relevant standards of the rest cities needs to be further detailed. Table 7-5 Compensation Standards for Permanently Acquired Land, Sichuan Province County/City Guangyuan Nanchong Guang an Note Compensation Standards for Permanent Land Acquisition (RMB10,000/mu) Vegetable Land Irrigated Land Dry Land Woodland Wasteland Planned Actual Planned Actual Planned Actual 28

30 Table 7-6 Compensation Standards for Temporary Land Acquisition County/City Guang yuan Nan chong Guang an Compensation Standards for Temporary Land Acquisition (RMB10,000/mu.Year) Irrigated Dry Land Waste Land Land Planned Actual Planned Actual Planned Actual 60. Policies enacted by Chongqing Municipality for land acquisition for LCR in Hechuan District include Notice on Adjusting Policies on Compensation for Land Acquisition by Chongqing City People s Government, Document No. 45, 2008 and Notice on Adjusting Policies on Compensation for Land Acquisition by Chongqing City Hechuan District People s Government, Document No. 15, In accordance with such two documents, compensation plan for permanent land acquisition in Shaanxi Province include compensation for land, allowance for resettlement and compensation for standing crops or woods. Please refer to Table 7-8 for actual compensation standards. Compensation for temporarily acquired land will be determined in accordance with type of land and length of tenure, and usually as the tenure of temporarily acquired land will not exceed one year, the compensation for temporarily acquired all kinds of land will include compensation for standing-crops or woods and land use fees, with actual compensation standards shown as Table 7-8. The temporarily acquired land shall be re-cultivated by the executing parties. Table 7-7 Compensation Standards for Permanent Land Acquisition, Chongqing Municipality County/ City Hechuan Note Compensation Standards for Permanent Land Acquisition (RMB10,000/mu) Vegetable Irrigated Land Dry Land Woodland Wasteland Land Planned Actual

31 Table 7-8 Compensation Standards for Temporary Land Acquisition, Chongqing Municipality County Compensation Standards for Temporary Land Acquisition (RMB10,000/mu.Year) /City Irrigated Land Dry Land Waste Land Hechuan Planned Actual Compensation Standards for House Demolition and Relocation 61. As of this phase of external monitoring evolution, compensation standards for land acquisition and house demolition have been enacted by local governments along LCR, but there is difference among them, and local governments have also adopted various expedient measures. 62. Policy on house demolition and relocation for LCR in Lanzhou City, Dingxi City and Longnan City that is promulgated by Guansu Provincial Administration of State Land and Resource includes Notice on Publicizing Compensation Standards for House Demolition within Gansu for LCR, Circular No. 574, 2008, which has defined common compensation standards for all house demolition and relocation activities in each affected city of Gansu. Please refer to Table 7-9 for details. 30

32 Table 7-9 Compensation Standards for House Demolition and Attachments, Gansu Province County/ City Lanzhou Compensation Standards for House Demolition (RMB Yuan/m 2 ) Attachment Others Brick Brick-Wo Earth-Wood Simplified Wall Well Stove Cement Tomb Reloca Transition od RMB (RMB RMB Floor RMB each tion Cost /m each) each Cost RMB/m 2 RMB/ RMB/House House hold/month hold Planned Actual Dingxi Planned Actual Longnan Planned Actual

33 63. Policy enacted by Ningqiang County People s Government for house demolition for LCR includes Notice on Publishing Methods for Land Acquisition, Compensation and Resettlement by Hanzhong City People s Government, Document No.33, 2006, and according to this document, actual compensation standards for house demolition in Shaanxi is shown as Table

34 Table 7-10 Compensation Standards for House Demolition and Attachment Removal, Shaanxi Province County /City NIngqiang Compensation Standards for House Demolition Attachment (RMB Yuan/m 2 ) Brick Brick Earth Simplified Wall Well Stove Cement Tomb -Wood -Brick RMB (RMB RMB each Floor RMB /m each) each RMB/m 2 Planned Actual 00 Others Relocati Transition on Cost Cost RMB/Hous ehold RMB/Househ old/month

35 64. Competent governmental authorities of Sichuan have issued policies on house demolition in Guangyuan City and Guang an City for LCR, including Guangyuan City s Compensation Standards for On-ground Attachments on the Acquired Land and Methods for House Demolition and Resettlement, Document No.10, 2009 and Compensation Implementation Methods for Land Acquisition, House Demolition and Resettlement with Guang an City for LCR, Document No. 4, 2009, but policies of Nanchong City is unavailable, and such two documents indicate that actual compensation standards in Sichuan for house demolition vary by city. Please refer to Table 7-11 for details. 34

36 Table 7-11 Compensation Standards for House Demolition and Attachment Removal, Sichuan County/ City Guangyuan Nanchong Guang an Compensation Standards for House Demolition (RMB Yuan/m 2 ) Attachment Others Brick Brick Earth Simplified Wall Well Stove Cemen Tomb Relocation Transition -Wood -Brick RMB (RMB RMB t Floor RMB each Cost Cost /m each) each RMB/Hous RMB/ ehold RMB/House Planned Actual Planned Actual Planned Actual m 2 hold/month 35

37 65. Competent governmental authorities of Chongqing Municipality have issued policies on house demolition in Hechuan District, including Notice on Adjusting Policies on Compensation for Land Acquisition by Chongqing City Hechuan District People s Government, Document No. 15, 2008 and Notice on Adjusting Policies on Compensation for Land Acquisition by Chongqing City People s Government, Document No. 45, 2008, and according to such two documents, actual compensation standards of Chongqing City are shown as Table

38 Table 7-12 Compensation Standards for House Demolition and Attachment Removal, Chongqing Municipality County/City Hechuan Compensation Standards for House Demolition (RMB Yuan/m 2 ) Attachment Others Brick Brick Earth Simpli Wall Well Stove Cem Tom Reloc Transiti -Wood -Brick fied RM (RMB RMB each ent b ation on Cost B each) Floor RM Cost /m B RMB/ RMB/ RM each House Househ B/m hold old/mo Planned Actual nth 37

39 7.1.2 Payment for Compensation for Land Acquisition and House Demolition 66. As land acquisition and house demolition for LCR progresses and funds for compensation are being allocated, in total direct payment of RMB4, million has been made for land acquisition and house demolition, of which Gansu Province RMB1, million, Shaanxi Province RMB4.70 million, Sichuan Province RMB1, million and Chongqing Municipality RMB million. Please refer to Table 7-13 for details. Table 7-13 Paid Compensation for Land Acquisition and House Demolition for LCR Serial Accumulatively Paid District/County Item No. (RMB Yuan) 1 Compensation for Chengguan District of Lanzhou Land Acquisition City and Other Places in Gansu and House Province Demolition 1,074,240, Compensation for Anning District Administration Land Acquisition of State Land and Resource, and House Lanzhou City Demolition 752,301, Gansu Sub-total 1,826,542, Compensation for 4 Ningqiang County Land Acquisition and House 4,700, Demolition 5 Shaanxi Sub-total 4,700, Guangyuan City Compensation for Land Acquisition and House 515,491, Demolition 7 Nanchong City Compensation for Land Acquisition and House 779,293, Demolition 8 Guang an City Compensation for Land Acquisition 613,723,

40 and House Demolition 9 Sichuan Sub-total 1,908,508, Shaping Ba District, Chongqing Compensation for Municipality Land Acquisition 279,930, Chongqing Municipality Sub-total 279,930, Total 4,019,680, Gansu Province 67. For details about paid compensation for land acquisition and house demolition for LCR in Gansu Province, please refer to Table Table 7-14 Paid Compensation for Land Acquisition and House Demolition for LCR in Gansu Province Serial Accumulatively Paid District/County Item No. (RMB Yuan) 1 Compensation for Chengguan District of Lanzhou Land Acquisition City and Other Places in Gansu and House Province Demolition 1,074,240, Compensation for Anning District Administration Land Acquisition of State Land and Resource, and House Lanzhou City Demolition 752,301, Gansu Total 1,826,542, According to Table 7-14, RMB1, million has been directly paid to compensate land acquisition and house demolition in Gansu, with RMB1, million to Chengguan District of Lanzhou City and other places in Gansu, and RMB million to Anding District of Lanzhou City Shaanxi Province 68. RMB4.70 million has been allocated by Shaanxi Province to compensate land acquisition and 39