world bank-financed poverty alleviation and agriculture...
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Resettlement Policy Framework
China State Council Leading Group for Poverty Alleviation and
Development
Foreign Capital Project Management Center
November 2014
World Bank-financed Poverty Alleviation and
Agriculture Development Demonstration
in Poor Areas Project
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Table of Contents
Executive Summary .................................................................................................... 1
A. Project Overview, Principles and Rationale for a Resettlement Policy
Framework.................................................................................................................... 4
B. Framework for Land Acquisition .......................................................................... 7
B1. Objectives and Relevant Terms of the Policy Framework ............................. 7
B2. Preparation and Approval of Resettlement Action Plans ............................... 8
B3. Institutional and Legal Framework .................................................................. 11
B4. Implementation Process.................................................................................... 13
B6. Budget Arrangements........................................................................................ 14
B6. Public Participation and Information Publication ........................................... 14
C. 4. Land Transfers and Use of Land as Shares ........................................... 15
D. Complaint Mechanism ......................................................................................... 16
E. Monitoring and Evaluation .................................................................................. 17
Appendix I Laws and Policies Related on Land Acquisition ....................... 19
Appendix II Compensation Principles for the Project Areas ....................... 27
Appendix III Laws and Policies on Social Security ...................................... 29
Appendix IV Entitlement Matrix ....................................................................... 36
Appendix V Summary of Land Occupied for Market Construction ............ 41
1
Executive Summary
1. Process
This Resettlement Policy Framework (RPF) is based on the findings of a full social
assessment that bas been undertaken during project preparation by an independent
and qualified consulting firm, with extensive community consultation. The draft
document was made available to the public locally and the final document has been
publicly disclosed.
2. Purpose
The World-Bank financed Poverty Alleviation and Agriculture Development
Demonstration in Poor Areas Project aims to develop and demonstrate rural value
chain models in selected destitute areas that promote equitable organizational
arrangements, participation, and the sustainable increase of income of poor
households in 547 administrative villages in Gansu, Sichuan and Guizhou provinces.
This RPF is established for the following purposes:
Under Component I, the project will finance agricultural cooperative investment funds.
Cooperatives are likely to use part of this investment to expand their farming
operations in the form of plantations or breeding farms (production bases). The RPF
confirms the participatory process and cooperative formalization process, which have
been instituted in the project implementation manual and will serve to ensure fair and
transparent land arrangements. It also provides additional detail to guide
implementation of these processes.
Under Component 2 (public infrastructure and services), the project will finance the
construction of public markets and access roads to production areas. At the time of
appraisal, no instance of civil works requiring land acquisition had been identified.
However, as most locations for markets have not been confirmed at the time of
appraisal (Appendix V), and none of the locations for access roads have been
confirmed, it cannot be ruled out that some of this infrastructure would require land
acquisition. The World Bank Policy on Involuntary Resettlement OP 4.12 is therefore
applicable. This RPF is produced to ensure full compensation at replacement cost of
all affected households.
When access roads are built on land currently used as farmland, most land is likely to
be obtained through voluntary adjustments within the project villages. The RPF
requests coordination and agreement by the villagers, and documentation of these
cases. It will also guide the implementation of voluntary exchanges.
The project will take place in an environment where the government is implementing
ecological resettlement operations. Successful cooperative development can only
take place in stable communities. The RPF confirms that the project villages will
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neither be departure locations nor arrival locations for households in on-going
ecological resettlement programs.
3. Compensation for the Construction of Rural Infrastructure and Other Civil
Works
In accordance with OP 4.12, instances requiring land acquisition have been avoided
during project preparation and will continue to be avoided where feasible, or
minimized, exploring all viable alternative project designs.
In instances where land acquisition is unavoidable, affected persons would be diverse.
Although most of them will be farmer households affected on farmland, it may not be
precluded that some households might be urban households, or some land might be
residential land, or the construction of some markets might affect occasionally houses
and lead to house demolition. As a result, the RPF is a generic document covering all
these instances.
July 2011 (project identification) is the cut-off date established to determine whether
land for future project-funded infrastructure or facilities are covered under the present
RPF. Counties that have acquired land after July 2011 have produced a due
diligence report prior to appraisal to confirm absence of land acquisition. Information
included in these reports will be monitored during project implementation.
4. Land Transfers and Use of Land as Shares for Agricultural Production
In accordance with OP 4.12, any instance of land transfer or use of land as share in a
joint cooperative investment must be fully voluntary. Households will therefore retain
the possibility not to join or to opt out after the end of a contract period. In
cooperatives, since the project provides an investment fund to cooperatives in a grant
form, there should be no requirement that households are requested to pool their land
into the cooperative’s capital stock (“land shares”) as a condition to become a
cooperative member. Should the use of land as shares be the preferred option for
local members, related rights to dividends would be open in a transparent manner.
Land transfers are now requested by the national legal framework to take the form of
a contract with a clear time limit, and with payments based on the local land market.
This process is starting in the project areas, and this RPF guides full use of this legal
framework.
In order to ensure that the project is implemented in accordance with these principles,
project supported cooperatives are required to go through a participatory process of
formalization of new or existing cooperatives that includes a mandatory step on land
arrangements. Participants will receive prior information and training on land
management in cooperatives, and they will receive individual land transfer contracts
in the event of land transfer.
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Land transfers and land share schemes for a production base undertaken by a
project-supported company or organization other than a cooperative will be subject to
the same requirement.
5. Complaint Mechanism
A complaint mechanism covering all situations listed in this Resettlement Policy
Framework is set up. This mechanism will start at the administrative village or
township level. The government offices in charge will be resettlement offices, or
another relevant office that has been designated for the project.
6. Responsibilities and Budget
County PMOs assume overall responsibility for the implementation of this RPF. They
ensure that township project implementation units and village committees undertake
the consultations and negotiations that are needed to prevent any unnecessary land
acquisition under the project. They will assume all expenses to cover planning in
relation to this framework and any potential need for compensation.
The Provincial Project Management Offices, under the guidance of the national
Project Coordination Office, take overall responsibility for preparation and appraisal of
abbreviated Resettlement Action Plans, and of full Resettlement Action Plans in the
event that such plans are needed, in close cooperation with county PMOs, and for
their submission to the World Bank.
7. Monitoring and Evaluation
International monitoring is undertaken, with quarterly reports, to cover all aspects of
this RPF including the complaints mechanism. An independent external evaluation
of this framework will be undertaken twice during project implementation. In the
event a full Resettlement Action Plan is needed, specific external and evaluation of
this plan will take place.
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A. Project Overview, Principles and Rationale for a Resettlement Policy
Framework
1. The World-Bank financed Poverty Alleviation and Agriculture Development
Demonstration in Poor Areas Project aims to develop and demonstrate rural value
chain models in selected destitute areas that promote equitable organizational
arrangements, participation, and the sustainable increase of income of poor
households. The project covers Sichuan Province, Guizhou Province and Gansu
Province in the nationally designated contiguous poverty-stricken areas of Wumeng
Mountain and Liupan Mountain, including 10 cities (autonomous prefectures), 27
counties, 547 administrative villages, 3940 natural villages in total, totally covering
243,800 households. It will benefit 929,200 rural people, of which 357,000 are
registered as poor and 243,000 belong to ethnic minorities. Average poverty
incidence in the project areas is assessed to reach 44%, and average rural per capita
net income is CNY 3,510 per year.
Table 1. Project Areas
Area Province City (Autonomous
Prefecture) County (District)
Wumeng
Mountains
Guizhou Bijie City Dafang, Zhijin
Zunyi City Chishui City, Xishui, Tongzi
Sichuan
Luzhou City Gulin, Xuyong
Liangshan Yi
Autonomous
Prefecture
Zhaojue, Meigu, Jinyang, Butuo
Liupan
Mountains Gansu
Tianshui City Zhangjiachuan
Wuwei City Gulang
Dingxi City Tongwei, Longxi, Min County, Weiyuan,
Lintao, Anding District
Qingyang City Huan County, Huachi, Zhengning,
Heshui
Linxia Hui
Autonomous
Prefecture
Dongxiang, Yongjing
Pingliang City Zhuanglang, Jingning
Total 3 10 27
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2. The Project includes four components:
Component 1: Integrated Value Chain Development. The objective of this component
is to support the improvement of value chains for selected agricultural products with
local competitive advantage (key commodities), establish new farmer cooperatives or
strengthen existing cooperatives or other producer/ community cooperation
arrangements to become effective business entities, and strengthen forward and
backward marketing linkages. Specific activities include: (a) Cooperative
Establishment and Development, (b) Establishment of Cooperative Development
Funds, (c) Public Private Partnerships for training and technical services for
cooperatives, communities, and farmer households groups that will be delivered
through qualified agricultural enterprises.
Component 2: Public Infrastructure and Services including (a) the construction of
production road infrastructure, irrigation infrastructure and land leveling, information
infrastructure and equipment, and public market facilities, (b) public services, such as
food safety testing and control, and public extension and training, and (c) advisory
services for cooperatives through cooperative facilitators.
Component 3: Poverty Reduction in Adjacent Destitute Areas - Training and Learning
analytical studies and development of guidelines.
Component 4: Project Management, Monitoring and Evaluation.
3. The construction period of this Project is five years, and total investment is
CNY 1.8 billion, with USD 150 million from a World Bank loan, equivalent to CNY 915
million, and CNY 885 million of domestic funds. Project components account
respectively for 65.2% (component 1), 22.3% (component 2), 0.2% (component 3)
and 3.4% (component 4) of the total planned investment. Sichuan, Guizhou and
Guangxi would respectively access USD 50 million, USD 40 million and USD 60
million of the World Bank loan.
4. The principles of this Project in relation to land are as follows:
avoiding direct occupation of cultivated lands;
avoiding the use of project investments on lands with undocumented land
transfers by cooperatives or enterprises;
avoiding departure and arrival areas in ecological resettlement programs for
poverty alleviation;
regular monitoring of whether land acquisition of cultivated lands or investments
on lands with undocumented land transfers have been avoided or not.
5. There are no large-area concentrated and contiguous lands in land use in this
project. Most of the civil works would take place on rural collective lands, and most of
the lands would be set up through voluntary land donation and in-village land
exchanges, through full negotiation among the villagers. Some land transfers from
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farmer households to cooperatives and enterprises might also take place for the
purpose of project-funded activities, and these would also be done through full
negotiation with the villagers.
6. In spite of this, cases of land acquisition may arise in this Project in relation to the
construction of public/farmers markets and village trading facilities, cooperative
buildings, feed storage facilities, epidemic prevention facilities, access roads for
agricultural production, and irrigation and drainage facilities. In addition, since trading
markets/farmer’s markets constructed in most project counties do not have a
well-defined location and area at present, their impact cannot be determined. The
Borrower has therefore, in accordance with the Involuntary Resettlement OP4.12 of
the World Bank, formulated this Resettlement Policy Framework (RPF) to guide land
acquisition, in-village land donations and land transfers caused by the project.
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B. Framework for Land Acquisition
This framework applies to instances where land reallocation within villages is made
without voluntary adjustments within a village for the construction of rural
infrastructure and other civil works. It also provides guidance for voluntary land
adjustments within a village.
B1. Objectives and Relevant Terms of the Policy Framework
7. This RPF is prepared in accordinace with the World Bank’s Involuntary
Resettlement OP4.12, dated December 2001. It’s overall objectives are as follows:
discussing all feasible project design plans to avoid or reduce involuntary
resettlement as far as possible;
if the resettlement is unavoidable, the resettlement activities shall be designed
and implemented as sustainable development plans; providing sufficient funds,
and making the affected households share the benefits of the project; seriously
negotiating with the affected households, and making them have the opportunity
to participate in the planning and implementation of the resettlement plans;
helping affected households to endeavor to improve livelihood and living
standards, and at least making them practically recover to higher standards
before removal or before the commencement of the project.
8. This RPF has stipulated the principles and objectives of the resettlement,
applicable criteria, rights, legal and institutional framework, compensation and
restoration modes, participation features and complaint procedures of resettlement to
specifically guide the compensation, relocation and restoration of the resettlement.
9. Each resettlement plan must be based on the identifiable basic information
collected, and the following persons shall be defined as affected persons, whether
they are affected in a permanent or temporary manner:
Rural residents whose farmland or houses and homesteads are partly or fully
affected by the project;
Urban residents whose houses are partly or fully affected by the project;
Enterprises and public institutions whose businesses or facilities are partly or fully
affected by the project;
Those whose young crops or attachments are partly or fully affected by the
project.
10. The specific principles of the RPF are as follows:
minimizing the acquisition of lands and other properties and corresponding
resettlement as far as possible;
up to the baseline survey date, all affected households shall be qualified for
requesting restoration measures to help them improve or at least maintain their
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living standards, income acquisition ability and production level before the project.
The lack of lawful rights to loss of assets shall not impede the affected
households’ rights to the resettlement measures;
the resettlement measures provided include: (1) reimbursing houses and other
buildings with replacement costs without depreciation or salvage value recovery;
(2) replacement with farmlands with equal production capacity acceptable by the
affected households; (3) replacement with equivalent houses and homesteads
acceptable by the affected households; (4) resettlement and living allowances; (5)
livelihood recovery, including skill training, employment assistance, social
security and other aspects;
if the affected households accept the replacement of the houses and homesteads,
farmlands, which shall be adjacent to the lost lands as far as possible;
the transitional period of resettlement shall be minimized, and the restoration
measures shall be provided to the affected households at each project area in
advance before the prospective commencement date;
the acquisition plan for lands and other assets and the restoration measures
provided shall be repeatedly negotiated with the affected households to
guarantee the minimized interference. The affected households will be
empowered before the prospective commencement date;
maintaining or improving original service and resource level;
the availability of financial and material resources for resettlement and restoration
must be guaranteed whenever and wherever necessary. The budget for the
Resettlement Action Plan shall include unexpected expenses;
system and institutional arrangements shall guarantee the effective and timely
design, plan, consultation and implementation of the properties and resettlement;
effectively and timely supervising, monitoring and assessing the implementation
of the Resettlement Action Plan.
B2. Preparation and Approval of Resettlement Action Plans
11. July 2011 (project identification) is the cut-off date established to determine
whether land for future project-funded infrastructure or facilities are covered under the
present resettlement policy framework. Counties that have acquired land after July
2011 have produced a due diligence report prior to appraisal to confirm absence of
land acquisition. Information included in these reports will be monitored during project
implementation.
12. When some involuntary land acquisition is taking place under a subproject,
population affected by the sub-project, but the number of affected persons is not more
than 200 in one specific instance, the provincial Project Coordination Offices will
closely cooperate with the county Project Management Offices (PMOs) to prepare an
Abbreviated Resettlement Action Plan for the selected sub-project. This Plan shall be
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submitted by the provincial Project Coordination Offices to the World Bank;
meanwhile, sufficiently consultation of affected households will take place, so that and
they have the opportunity to participate in the design and implementation of the
Resettlement Action Plan.
13. The Abbreviated Resettlement Action Plan will at least contain the following
contents:
detailed survey on affected households’ situation and asset evaluation;
description of compensations prepared to provide and other resettlement
assistance;
communication with the affected households of the acceptable alternative
solutions;
institutional duties and complaint procedures for the implementation;
monitoring and implementation arrangements;
progress chart and budgets.
14. The Abbreviated Resettlement Action Plan shall be completed at the latest 4
months before the estimated resettlement commencement working day. Each
Abbreviated Resettlement Action Plan shall be submitted to the World Bank for review
and approval at least 3 months in advance before the actual implementation. Only
upon the acceptance of the Resettlement Action Plan by the World Bank shall the
compensation, resettlement and restoration activities be actually started.
Compensation, resettlement and restoration activities shall be completed before the
performance of the building project contract.
15. In case the population affected by the project exceeds 200, the provincial Project
Coordination Offices will closely cooperate with the county PMO to prepare a full
Resettlement Action Plan.
16. The preparation and implementation of a Resettlement Action Plan (including
paying various expenses related to the resettlement) shall be assumed by the
Borrower. The provincial PCOs shall be fully responsible for this Project.
17. Such a Plan shall be submitted by the provincial PCOs to the World Bank;
meanwhile, affected households will be consulted, and will be given the opportunity to
participate in the design and implementation of the Resettlement Action Plan.
18. In accordance with OP 4.12, the Resettlement Action Plan will contain the
following contents (if relevant), and the contents irrelevant to the project shall be
indicated in the Resettlement Action Plan:
overall description of the project;
identification of the potential influence of the project;
objectives (main objectives of the relocation plan);
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social and economic research. Research shows that potential affected
households shall be contained, including survey results and other descriptions at
the early stage of the project preparation;
legal framework. The analysis on legal framework shows that, it includes the
power spectrum of the acquisition authority of relevant organizations that are
responsible for resettlement activities, and relevant compensation nature,
applicable laws and administrative proceedings, relevant laws and social welfare
legislation, laws and regulations, and necessary legal procedures;
institutional framework. Including the identification of the organizations that are
responsible for resettlement activities, and NGOs that may play a role; assessing
their institutional capacity and suggesting any step to enhance the institutional
capacity;
qualifications. Determining the standards of affected households, and deciding
whether he/she is qualified to be the affected household to obtain compensation
and other assistances for relocation;
evaluation and compensation for losses;
describing cash compensation and other resettlement measures;
resettlement place choosing, place preparation and rearrangement;
providing houses, infrastructures and social services;
environmental protection and management;
must contain public participation and negotiation, affected household and
relevant communities;
integration with local population. Measures for mitigating the influence of
resettlement on any local community;
complaint procedure. Available procedures for a third party settling any dispute
arising from the resettlement;
organizations and duties;
implementation progress chart;
costs and budgets;
monitoring and assessment.
19. The Resettlement Action Plan shall be completed at latest 6 months before the
estimated resettlement commencement working day. Each Resettlement Action Plan
shall be submitted to the World Bank for review and approval at least 3 months in
advance before the actual implementation. Only upon the acceptance of the
Resettlement Action Plan by the World Bank shall the compensation, resettlement
and restoration activities be actually started. Compensation, resettlement and
restoration activities shall be completed before the performance of the building project
contract.
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B3. Institutional and Legal Framework
20. The legal framework for guiding the implementation of a Resettlement Action
Plan is the World Bank’s Involuntary Resettlement OP 4.12; and relevant laws,
regulations and decrees of the People’s Republic of China (including national,
provincial and municipal and county ones related to the project).
21. In respect of land acquisition, house demolition, resettlement and compensation,
China has formulated an integrated legal framework and policy systems. Since its
issuance and implementation in 1986, the Land Administration Law of the People’s
Republic of China has been amended three times, and the latest amendment to it was
at the 11th Session of the Standing Committee of the Tenth National People's
Congress on August 28, 2004. Within national laws and policy frameworks, Guizhou
Province, Sichuan Province and Gansu Province have formulated relevant local laws
and policies according to the requirements of national laws and policies to manage
and guide relevant local works. Local governments at various levels have in turn
issued and implemented relevant laws and policies conforming to local conditions to
manage and guide local land acquisition, house demolition, resettlement and
compensation and other works. Each prefecture-level city, county-level city, district or
county shall execute relevant provisions of their provincial government within the
scope of the provincial jurisdiction.
22. In addition to OP 4.12, the major laws, regulations and decrees of the People’s
Republic of China that form the basis of this Framework and guarantee its legal force
include: (1) laws and policies and compensation principles related to land acquisition
(Appendix I, Appendix II); (2) social insurance laws and policies (Appendix III) and
(3) laws and policies related to house demolition, which cover:
1. Regulation on the Acquisition of Buildings on State-owned Land and
Compensation (Order No. 590 of the State Council);
2. Measures for Assessment on the Acquisition of Buildings on State-owned Land
(No.77 [2011] of the Ministry of Housing and Urban-Rural Development).
23. The latest local policies will be used in the project during the actual
implementation process. The land acquisition compensation standards involved in this
Project shall be subject to the stipulation that “each region shall establish dynamic
adjustment mechanism for land acquisition compensation standards, and adjust the
land acquisition compensation standards every 2 to 3 years according to the
economic development level and local per capita income amplification” as defined in
in the Notice of the Ministry of Land and Resources on Furthering Strengthening
Management on Land Acquisition (June 26, 2010) .
24. Each Resettlement Action Plan will be compiled to guarantee that the affected
households have sufficient opportunities to restore their lost properties, and improve
or at least recover their original income level and living standards. In order to realize
these objectives, it shall guarantee that all affected households are identified, and that
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they have confirmed that mitigation actions listed in the Resettlement Action Plan are
reasonable. In consideration of the diversity of potentially affected assets (such as,
land acquisition and occupation, residential house demolition (in rural and urban
areas), and non-residential house demolition (including enterprises and public
institutions, shops.), the following general measures would be adopted:
25. Affected households losing farmland will be entitled to obtain the following types
of compensation and restoration measures:
Collectively owned cultivated lands or unallocated village lands remaining
available after land acquisition will be redistributed among all collective members
through the village committees. Under such circumstances, if houses or buildings
are unsafe or loss their functions due to land acquisition, such land shall be
entirely acquired. All affected households shall be qualified to participate in land
redistribution, and benefit from collective land compensation.
Affected households losing cultivated land must be identified in those places
where it is impossible to carry out land redistribution according to Land
Administration Law and other relevant laws. In some cases, they may be provided
with paid job opportunities, and the salary shall at least be equal to their lost
incomes. If not, the affected households will at least obtain resettlement subsidies
equal to four to six times of the average output value1 generated from their lost
lands for the first three years. If the affected households still cannot entirely
recover original living standards through the above-mentioned measures,
resettlement subsidies may be increased to 15 times of the average output value
for the first three years;
If land compensation and resettlement subsidies still cannot recover original living
standards of the affected persons, relevant municipal and county people’s
governments may grant subsidies with paid use of State owned lands;
Land compensation and resettlement subsidies are paid to the village committees
or affected households in the land-affected villages for: (1) increasing the areas of
cultivated land where feasible; (2) enhancing agriculture by providing irrigation
and improving agricultural works; (3) developing non-agricultural incomes based
on existing activities. In addition to fixed assets, the costs of damaged young
crops, fruits and economic forests of affected persons will be compensated at full
replacement cost.
The impaired incomes, young crops and land restoration fees and damaged
infrastructures of those affected by temporary land occupation by the project will
be compensated.
If the affected households who lost their farmland meet with local conditions for
social security for land-losing farmers, they shall be timely incorporated into the
social security system for land-losing farmers in time.
1 Or unified annual output value.
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The affected households shall be provided with timely and reasonable skills
training to improve their agricultural and non-agricultural skills, and enhance their
ability to obtain incomes.
26. In the event of household demolition, affected households will be compensated
as follows for their houses and attachments, with following restoration measures:
providing replacement houses with equal value;
compensated at full replacement cost;
giving rebuilding or restoration compensation for all facilities and services (such
as, roads, water supply, electricity, phone, cable TV, schools, etc.);
subsidies in the transitional period to guarantee that all properties are removed or
temporary houses are obtained.
27. The Resettlement Action Plan compiled shall include an entitlement matrix, a
sample of which is provided in Appendix IV.
B4. Implementation Process
28. County PMOs, township project implementation units and project village
committees shall hold sufficient negotiation with villagers and villager congresses to
determine whether internal village exchanges are feasible for project-funded rural
infrastructure or other facilities. If this is the case, villagers will enter into land donation
or land transfer agreements with village committees or other villagers, which shall be
submitted to townships land resource offices or townships land transfer centers for
registration and filing by project village committees. If the project involves permanent
occupation of State owned lands, it is necessary for land resources authorities to
issue a construction land approval letter for review by the World Bank.
29. In case permanent acquisition of collective lands is unavoidable, it shall be strictly
subject to relevant procedures of land acquisition. In parallel with the project’s
Resettlement Action Plan, the domestic procedures of land acquisition will be followed:
(1) the construction projects shall be approved by the provincial/municipal
governments according to law; (2) the construction units will apply to land resources
authorities of municipal and county governments for construction lands; (3) land
administration departments of municipal and county governments shall prepare the
land acquisition plans upon review; (4) they will report to provincial/municipal
governments upon the consent of municipal and county governments; (5) land
acquisition and other plans shall be approved by provincial/municipal governments
according to law. During the preparation of land acquisition plans, timely and sufficient
compensation will be provided to the affected households fully according to the
specific policies and standards of the World Bank, local governments and this
Resettlement Policy Framework.
30. When a full Resettlement Action Plan is needed, it shall include specific
implementation progress charts for necessary activities. Payment of compensation,
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recovery measures for other rights (cash or in-kind) and resettlement shall be
completed at least one month before land acquisition. If it is impossible to pay all
compensations or to provide other necessary assistances before land acquisition,
extra transitional subsidies will be provided.
B6. Budget Arrangements
31. Each county Project Management Office shall assume all expenses related to
land acquisition and resettlement. Any Resettlement Action Plan under this
Resettlement Policy Framework must include estimated costs and budgets.
Regardless of whether being identified as affected households at the resettlement
planning stage or not, and regardless of whether sufficient poverty alleviation funds
are in place or not, all person adversely affected by land acquisition or house
demolition due to a project-funded activity shall be entitled to obtain compensation
and other mitigation measures as defined in the entitlement matrix (Appendix IV).
The budget of the Resettlement Action Plan shall include unexpected expenses of at
least 10% of the total budget of the expected resettlement, so as to satisfy
unexpected resettlement expenses.
32. The compensation standards determined in the Resettlement Action Plan have
provided basis for calculating compensation at full replacement cost. The resettlement
compensation fees shall be fully paid to the individuals or collectives who have lost
land or other properties, and shall not be subject to deductions for whatever reasons.
The Resettlement Action Plan shall describe how the compensations flow to affected
villages or villagers from each sub-project owner. The disbursement channel must be
direct as far as possible, without intermediate links.
B6. Public Participation and Information Publication
33. The Resettlement Action Plan must describe the measures adopted or to be
adopted, make the affected persons participate in the proposed resettlement
arrangements, and cultivate their awareness of participation in improvement or
recovery activities of livelihoods. In order to guarantee sufficient consideration of the
opinions and suggestions of the affected persons, public participation shall precede
the implementation of project design and of compensation and mitigation measures.
Public participation must be organized throughout the whole implementation of the
Resettlement Action Plan and is subject to external monitoring.
34. At the first draft and final draft stages of the Resettlement Action Plan, each
county PMO shall make the Resettlement Action Plan public for the affected persons
and for the general public, using local languages when needed in ethnic minority
areas. The first draft of the Resettlement Action Plan shall be published at least one
month before its assessment by the World Bank. The final draft of the Resettlement
Action Plan must be published again upon acceptance by the World Bank.
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35. While public participation in this Project and the Resettlement Action Plan are
published, this Policy Framework has solicited the opinions of the affected person,
and has been published at the affected counties and cities and communities.
C. 4. Land Transfers and Use of Land as Shares
36. The development of several agricultural pillar industries in the project area may
necessitate to creation or expansion of production bases. This is likely to take place
through land transfers or pooling of members’ land use rights into cooperatives as
shares. This generates a risk of social impact: land transfer and pooling of land into
cooperatives as shares might not be fully voluntary, and the rural poor households
might not be able to benefit fairly from these arrangements. In cooperatives, since the
project provides an investment fund to cooperatives in a grant form, there should be
no requirement that households are requested to pool their land into the cooperative’s
capital stock (“land shares”) as a condition to become a cooperative member.
37. In order to minimize risks related to such land management as far as possible
during the implementation process of the project, the following points shall be abided
by:
Guaranteeing that cooperatives (and companies) supported by the project abide
by the principles of voluntary participation by farmer households, and provision to
households of fair and equitable land arrangements;
Guaranteeing that farmer households have the right to choose to participate in
the production bases or not, at their own discretion, and that they are not
impacted by nearby production bases;
Adopting transparent written contracts with a clear time limit, and promoting
short-term land lease ways rather than choosing long-term land lease; thus rural
poor households will be able to freely choose to exit from cooperatives after the
term of a contract, especially under circumstances when household members
return to the villages and wish to use the land for their own production;
Guaranteeing that equity arrangements in cooperatives that would request farmer
households to provide land as shares or transfer lands to cooperatives as a
condition to become a cooperative member shall not be supported by the project.
38. Two measures are taken in order to implement this approach. First, the
management of land in cooperatives is defined as a topic requiring attention in all
cooperative related activities. Training courses on cooperative management will
include a section on land management. During the formalization of cooperatives, a
specific step in the participatory approach will take place to ensure that land
management options are discussed among members of the cooperative and that a
fair and transparent option is defined. Households will therefore retain the possibility
not to join. The by-laws of the cooperative will describe the option that has been
selected with sufficient detail.
16
39. Second, any voluntary land transfer or use of land as share in a project-supported
cooperative will be made through the national legal framework. Farmers agreeing to
transfer and pool land will sign individual contracts and will keep a copy of this
contract. This contract will describe the basis on which the annual land transfer fee or
the cooperative dividend is calculated, and specify the duration of the contract, and
the possibility to opt out of the land transfer or pooling of land as share at the end of
the contract. If the cooperative already has established a production base without
documented land transfers or without clear dividends for land shares, it will either to
go through this formalization or that production base will remain out of the scope of
the project.
40. Should an enterprise, not a cooperative, use project funds to set up a facility or
production base, such as a demonstration farm, the same principles and measures
apply regarding land transfer from households or use of their land as shares.
D. Complaint Mechanism
41. As the above activities will be carried out with the participation of affected persons,
no substantial conflitcs are expected. However, in order to guarantee that affected
persons have a channel to lodge a complaint against any aspect related to land
acquisition, resettlement, land transfers or use of land as shares, the following
complaint procedures are established:
Stage I: Affected persons may put forward their dissatisfaction to village
committees or to the township resettlement office or relevant township
government office that has been designated for the project, through oral
complaint or written complaint. Village committees or township government
offices must keep a written record of oral complaints and give a clear reply within
two weeks. If it is necessary to report to the government at higher level in case of
severe problems, the village committee or the township government office must
obtain the reply from the government offices at higher level within two weeks as
far as possible.
Stage II: If the complainant is dissatisfied with the reply at Stage I, the
complainant may make an appeal to the relevant government office at higher
level within one month after receiving the reply at Stage I. County or district
government offices must make decisions within two weeks.
Stage III: If the affected persons are dissatisfied with the reply of county or district
resettlement offices, they may make an appeal to the relevant provincial
government office within one month after receiving the reply at Stage II. The
provincial office must issue a decision within four weeks.
Stage IV: If the affected persons are dissatisfied with the reply at Stage III, they
may make an appeal to the civil courts within 15 days after receiving the reply of
the provincial resettlement offices.
17
E. Monitoring and Evaluation
42. Each county PMO shall supervise and monitor the implementation of this
Resettlement Policy Framework. The supervision and monitoring results shall be
recorded in the quarterly reports, so as to report to the World Bank.
43. Internal monitoring and supervision of resettlement actions plans:
Checking the performance, including verification on the baseline information of all
affected households, evaluation and compensation articles for asset damages or
losses, implementation of resettlement and restoration rights according to the
articles of the Policy Framework and each Resettlement Action Plan;
Monitoring if the Resettlement Action Plan is implemented according to the
designed and approved plans;
Verifying if compensation has been timely and fully paid, and if the use of these
capitals is consistent with the articles in the Resettlement Action Plan;
Recording all complaints and resolutions thereof, and guaranteeing the
complaints are resolved in time.
44. Internal monitoring of land transfers and use of land as shares:
Monitoring that households have received prior information;
Monitoring that households have kept individual land transfer contracts showing
contract terms;
Verifying that cooperative arrangements in relation to land are transparent;
Recording all complaints and resolutions thereof, and guaranteeing the
complaints are resolved in time.
45. External independent monitoring: at least twice during the project, the national
project coordination center will engage independent organizations to periodically
perform external monitoring and evaluation on the implementation of the
Resettlement Policy Framework through open tendering. Independent organizations
or individuals may be academic or institutional units, NGOs or independent consulting
companies, provided that they have qualified and experienced staff, and their terms of
reference are acceptable by the World Bank and cover a reasonable sample size.
46. In the event a full Resettlement Action Plan is needed, a specific external M&E
survey will be undertaken, and its main objectives will be as follows:
Assessing if the procedures for affected household participation and
compensation granting and restoration right are implemented, and if is consistent
with the Policy Framework and Resettlement Action Plan.
Assessing if the objective of the Policy Framework of “improving or at least
maintaining current living standards and income level of the affected households”
has been achieved.
Collecting the qualitative information on project impact on livelihoods.
18
47. Problems identified during the monitoring and assessment process shall be timely
reported to the World Bank. Each county PMO shall identify the source of the
problems, develop solutions, and adopt timely and effective responses to solve these
problems through negotiation with the World Bank and the provincial PMO.
48. Suggestions for improvement of measures including in this Resettlement Policy
Framework will be incorporated as lessons arise from project implementation, in order
to achieve its objective and principles.
19
Appendix I Laws and Policies Related on Land Acquisition
Level No
. Location Policy Document Effective Date
National /
Property Law of the People’s Republic of China October 1, 2007
Land Administration Law of the People’s Republic of China August 28, 2004
Regulations on the Implementation of the Land Administration Law of the Peoples Republic of China
(Order No. 256 of the State Council) December 27, 1998
Decision of the State Council on Deepening the Reform and Enforcing Land Administration (No. 28 [2004] of the State Council)
October 21, 2004
Guidelines on Improving Compensation and Resettlement Systems for Land Acquisition (No. 238 [2004] of the Ministry of Land and Resources)
November 3, 2004
Decision of the State Council on Deepening the Reform and Enforcing Land Administration (No. 28 [2004] of the State Council)
October 21, 2004
Guidelines on Improving Compensation and Resettlement Systems for Land Acquisition (No. 238 [2004] of the Ministry of Land and Resources)
November 3, 2004
Circular of the State Council on Intensifying Land Control (No. 31 [2006] of the State Council) August 31, 2006
Notice of the Ministry of Land and Resources on Developing the Standards of Unified Annual Output
Value for Acquired Land and Comprehensive Land Price in the Area (No. 114 [2005] of the Ministry of Land and Resources)
July 23, 2005
Methods for Announcement of Land Acquisition (Decree No. 10 of the Ministry of Land and
Resources) January 1, 2002
Notice of the Ministry of Land and Resources and the Ministry of Agriculture on Issues Related to
Improved Facilities and Farmland Management (No. 155 [2010] of the Ministry of Land and Resources)
September 30,
2010
20
Level No
. Location Policy Document Effective Date
Provincial
1 Guizhou
Province
Reply of the People’s Government of Guizhou Province to the Standards of Unified Annual Output
Value and Comprehensive Land Price in Land Acquisition Areas in Guizhou Province (Letter No. 255
[2009] of the People’s Government of Guizhou Province)
December 21, 2009
Letter of the Department of Land and Resources of Guizhou Province on Forwarding the Reply of the
People’s Government of Guizhou Province to the Standards of Unified Annual Output Value and
Comprehensive Land Price in Land Acquisition Areas in Guizhou Province (Letter No. 624 [2009] of
the Department of Land and Resources of Guizhou Province)
December 29, 2009
2 Sichuan
Province
Notice of the Office of the People’s Government of Sichuan Province on Forwarding the Opinions of
Land and Resources Department of Sichuan Province on Issues Related to Adjust the Standards of
Acquired Land Remuneration and Resettlement (Letter No. 73 [2008] of the Office of the People’s
Government of Sichuan Province)
April 13, 2008
Notice of Land and Resources Department of Sichuan Province on Implementing the Standards of
Unified Annual Output Value for Acquired Land (No. 54 [2009] of Land and Resources Department of
Sichuan Province)
January 1, 2010
Reply of the People’s Government of Sichuan Province to Approve the Compensation Standards of
Young Crops and Attachments on Acquired Land in Liangshan Prefecture (Letter No. 96 [2012] of
the People’s Government of Sichuan Province)
May 29, 2012
Reply of the People’s Government of Sichuan Province to Approve the Compensation Standards of
Young Crops and Attachments on Acquired Land in Luzhou City (Letter No. 53 [2012] of the People’s
Government of Sichuan Province)
July 16, 2012
3 Gansu
Province
Notice of the People’s Government of Gansu Province on Printing and Issuing the Standards of
Comprehensive Land Price in Land Acquisition Areas and Unified Annual Output Value for Acquired
Land in Gansu Province (No. 151 [2012] the People’s Government of Gansu Province)
January 1, 2013
City
(Autono-
mous
1 Bijie City
Reply of the Administrative Office of Bijie City to Adjust the Implementation Scope of Comprehensive
Land Price and Land Acquisition Standards in Dafang County (Reply No. 58 [2011] of the
Administrative Office of Bijie City)
July 6, 2011
21
Level No
. Location Policy Document Effective Date
Pref-
ecture)
Announcement of the Administrative Office of Bijie City on the Standards of Unified Annual Output
Value for Acquired Land and Comprehensive Land Price in Land Acquisition Areas and in Bijie City
(Implemented as from January 1, 2010)
January 1, 2010
2 Zunyi City
Reply of the People’s Government of Zunyi City to the Standards of Unified Annual Output Value and
Comprehensive Land Price in Land Acquisition Areas (Letter No. 245 [2009] of the People’s
Government of Zunyi City)
December 30, 2009
3 Luzhou City
Notice of the Office of the People’s Government of Luzhou City on Issues Related to the
Administration of Land Temporarily Used for the Construction of Linear Projects (Letter No. 27 [2009]
Office of the People’s Government of Luzhou City)
February 6, 2009
Notice of the Office of the People’s Government of Luzhou City on Notice of Measures for Acquired
Land Compensation and Resettlement for Linear Projects (Trial Implementation) (Letter No. 17
[2011] Office of the People’s Government of Luzhou City)
August 8, 2011
Notice of the People’s Government of Luzhou City on Printing and Issuing the Compensation
Standards of Young Crops and Attachments on Acquired Land (Letter No. 26 [2012] of the People’s
Government of Luzhou City)
September 1, 2012
Announcement of the People’s Government of Luzhou City on the Standards of Unified Annual
Output Value for Acquired Land (No.1 [2010] the People’s Government of Luzhou City) February 22, 2010
Notice of the Office of the People’s Government of Luzhou City on Printing and Issuing the Measures
for Acquired Land Compensation and Resettlement for Linear Projects in Luzhou City (Trial
Implementation) (Letter No. 34 [2013] Office of the People’s Government of Luzhou City)
September 7, 2013
4
Liangshan Yi
Autonomous
Prefecture
Notice of Land and Resources Department of Liangshan Prefecture on Forwarding the Notice of
Land and Resources Department of Sichuan Province on Implementing the Standards of Unified
Annual Output Value for Acquired Land (No. 61 [2009] of Land and Resources Department of
Liangshan Prefecture)
December 11, 2009
22
Level No
. Location Policy Document Effective Date
Notice of the People’s Government of Liangshan Prefecture on Forwarding the Reply to Approve the
Compensation Standards of Young Crops and Attachments on Acquired Land in Liangshan
Prefecture (Letter No. 153 [2012] of the People’s Government of Liangshan Prefecture)
October 15, 2012
5
Linxia Hui
Autonomous
Prefecture
Notice of the People’s Government of Gansu Province on Printing and Issuing the Standards of
Comprehensive Land Price in Land Acquisition Areas and Unified Annual Output Value for Acquired
Land in Gansu Province (No. 151 [2012] the People’s Government of Gansu Province)
January 1, 2013
6 Wuwei City
Notice of the People’s Government of Gansu Province on Printing and Issuing the Standards of
Comprehensive Land Price in Land Acquisition Areas and Unified Annual Output Value for Acquired
Land in Gansu Province (No. 151 [2012] the People’s Government of Gansu Province)
January 1, 2013
7 Tianshui City
Notice of the Office of the People’s Government of Tianshui City on Forwarding the Standards of
Comprehensive Land Price in Land Acquisition Areas and Unified Annual Output Value for Acquired
Land in Gansu Province (No. 22 [2013] Office of the People’s Government of Tianshui City)
February 25, 2013
8 Dingxi City
Notice of the Office of the Land and Resources Department of Dingxi City on Forwarding the Notice
of Land and Resources Department of Gansu Province on the Standards of Comprehensive Land
Price in Land Acquisition Areas and Unified Annual Output Value for Acquired Land in Gansu
Province (No. 25 [2013], Land and Resources Department of Dingxi City)
March 1, 2013
9 Qingyang
City
Notice of the Land and Resources Department of Qingyang City on Forwarding the Standards of
Comprehensive Land Price in Land Acquisition Areas and Unified Annual Output Value for Acquired
Land in Gansu Province (No. 11 [2013], Land and Resources Department of Qingyang City)
March 5, 2013
Notice of the Land and Resources Department of Qingyang City on Regulating the Compensation
Standards of Attachments on the Acquired Collective Lands in Urban Planning Areas of Qingyang
City (No. 320 [2010], Land and Resources Department of Qingyang City)
December 11, 2010
10 Pingliang City
Notice of the People’s Government of Pingliang City on Approving the Assessment and Guiding
Standards of Compensation for Demolished Urban Houses and Ancillary Facilities in Pingliang City
March 21, 2007
23
Level No
. Location Policy Document Effective Date
County
(District)
1 Dafang
County
Notice of the People’s Government of Dafang County on Adjusting the Implementation Scope of
Comprehensive Land Price and Unified Land Acquisition Standards in the Planning Areas of Dafang
County (No. 56 [2011] the People’s Government of Dafang County)
April 28, 2011
Reply of the Administrative Office of Bijie City to Adjust the Implementation Scope of Comprehensive
Land Price and Land Acquisition Standards in Dafang County (Reply No. 58 [2011] of the
Administrative Office of Bijie City)
July 5, 2011
2 Zhijin County Announcement of the Administrative Office of Bijie City on the Standards of Unified Annual Output
Value for Acquired Land and Comprehensive Land Price in Land Acquisition Areas and in Bijie City January 1, 2010
3 Tongzi
County
Reply of the People’s Government of Zunyi City to the Standards of Unified Annual Output Value and
Comprehensive Land Price in Land Acquisition Areas (Letter No. 245 [2009] of the People’s
Government of Zunyi City)
January 1, 2010
4 Xishui County Notice of the People’s Government of Xishui County on Publishing the Standards of Unified Annual
Output Value for Acquired Land (No. 46 [2010] the People’s Government of Xishui County) January 1, 2010
5 Chishui City
Notice of the People’s Government of Chishui City on Printing and Issuing the Interim Measures for
Compensation and Resettlement for Collective Land Acquisition in Urban Planning Areas of Chishui
City (No. 69 [2011] the People’s Government of Chishui City)
January 1, 2012
6 Gulin County Announcement of the People’s Government of Luzhou City on the Standards of Unified Annual
Output Value for Acquired Land (No.1 [2010] the People’s Government of Luzhou City) February 22, 2010
7 Xuyong
County
Announcement of the People’s Government of Luzhou City on the Standards of Unified Annual
Output Value for Acquired Land (No.1 [2010] the People’s Government of Luzhou City) February 22, 2010
8 Jinyang
County
Notice on Forwarding the Notice of Land and Resources Department of Sichuan Province on
Implementing the Standards of Unified Annual Output Value for Acquired Land (No. 61 [2009], Land
and Resources Department, Liangshan Prefecture)
December 11, 2009
24
Level No
. Location Policy Document Effective Date
9 Zhaojue
County
Notice on Forwarding the Notice of Land and Resources Department of Sichuan Province on
Implementing the Standards of Unified Annual Output Value for Acquired Land (No. 61 [2009], Land
and Resources Department, Liangshan Prefecture)
December 11, 2009
(Zhaojue) Technical Proposal of Sichuan Province for Revising Compensation Standards of Young
Crops and Attachments on the Land August 17, 2011
10 Meigu County
Report on Adjusting Compensation Level for Cultivated Lands in Meigu County (No. 49 [2013] of
Land and Resources Department of Meigu County) October 18, 2013
Description of Land and Resources Department of Meigu County on the Implementation of
Resettlement and Compensation for Acquired Collective Lands (November 6, 2013) November 6, 2013
11 Butuo County
Notice on Forwarding the Notice of Land and Resources Department of Sichuan Province on
Implementing the Standards of Unified Annual Output Value for Acquired Land (No. 61 [2009] of
Land and Resources Department of Liangshan Prefecture)
December 11, 2009
12
Yongjing
County
Notice of the People’s Government of Gansu Province on Printing and Issuing the Standards of
Comprehensive Land Price in Land Acquisition Areas and Unified Annual Output Value for Acquired
Land in Gansu Province (No. 151 [2012] the People’s Government of Gansu Province)
January 1, 2013
13
Dongxiang
Nationality
Autonomous
County
Notice of the People’s Government of Gansu Province on Printing and Issuing the Standards of
Comprehensive Land Price in Land Acquisition Areas and Unified Annual Output Value for Acquired
Land in Gansu Province (No. 151 [2012] the People’s Government of Gansu Province)
January 1, 2013
14 Gulang
County
Notice of the People’s Government of Gansu Province on Printing and Issuing the Standards of
Comprehensive Land Price in Land Acquisition Areas and Unified Annual Output Value for Acquired
Land in Gansu Province (No. 151 [2012] the People’s Government of Gansu Province)
January 1, 2013
15
Zhangjia-
chuan Hui
Autonomous
County
Notice of the People’s Government of Gansu Province on Printing and Issuing the Standards of
Comprehensive Land Price in Land Acquisition Areas and Unified Annual Output Value for Acquired
Land in Gansu Province (No. 151 [2012] the People’s Government of Gansu Province)
January 1, 2013
25
Level No
. Location Policy Document Effective Date
16 Tongwei
County
Reply of the People’s Government of Tongwei County on Adjusting Compensation Standards of
Acquired Land (Reply No. 4 [2013] of the People’s Government of Tongwei County) January 1, 2013
17 Longxi
County
Notice on Forwarding the Notice of Land and Resources Department of Gansu Province on the
Standards of Comprehensive Land Price in Land Acquisition Areas and Unified Annual Output Value
for Acquired Land in Gansu Province (No. 25 [2013] of the Land and Resources Department of
Dingxi City)
March 1, 2013
18 Minxian
County
Notice on Forwarding the Notice of Land and Resources Department of Gansu Province on the
Standards of Comprehensive Land Price in Land Acquisition Areas and Unified Annual Output Value
for Acquired Land in Gansu Province
March 1, 2013
19 Weiyuan
County
Announcement of the People’s Government of Weiyuan County on Publishing Compensation
Standards of Acquired Land and Nursery-grown Plants and Crops in the Acquired Cultivated Lands
for Project Construction in Weiyuan County (Announcement No. 10 [2013] of the People’s Government of Weiyuan County)
March 23, 2013
20 Lintao County
Announcement of the People’s Government of Lintao County on Adjusting Compensation Standards
of Crops and Trees in the Interim Measures of Lintao County for Land Acquisition Compensation and
Resettlement (No. 43 [2005] the People’s Government of Lintao County)
January 1, 2006
Interim Measures of Lintao County for Land Acquisition Compensation and Resettlement (Order No.
4 [2003] of the People’s Government of Lintao County) March 1, 2003
21 Anding
District
Notice on Forwarding the Notice of Land and Resources Department of Gansu Province on the
Standards of Comprehensive Land Price in Land Acquisition Areas and Unified Annual Output Value
for Acquired Land in Gansu Province (No. 25 [2013] the Land and Resources Department of Dingxi
City)
March 1, 2013
22 Huachi
County
Notice of the People’s Government of Huachi County on Adjusting the Standards of Compensation
and Resettlement Fees for Acquisition of National Construction Lands (No. 1 [2009] the People’s
Government of Huachi County)
March 1, 2009
26
Level No
. Location Policy Document Effective Date
23 Huan County
Notice of the Office of the People’s Government of Huan County on Printing and Issuing the
Compensation Standards of Attachments on the Acquired Collective Lands in Huanxian County (No. 102 [2009] Office of the People’s Government of Huan County)
October 1, 2009
24 Heshui
County
Guidelines of the People’s Government of Heshui County on Regulating Collective Land Acquisition
and Compensation (No. 30 [2012] the People’s Government of Heshui County) May 1, 2012
25 Zhengning
County
Table for the Compensation Standards of Attachments on the Acquired Collective Lands in
Zhengning County December 23, 2012
26 Zhuanglang
County
Notice of the People’s Government of Gansu Province on Printing and Issuing the Standards of
Comprehensive Land Price in Land Acquisition Areas and Unified Annual Output Value for Acquired
Land in Gansu Province (No. 151 [2012] the People’s Government of Gansu Province) January 1, 2013
27 Jingning
County
Notice of the People’s Government of Jingning County on Adjusting the Compensation Standards of
the Acquired Urban and Townships Lands (No. 63 [2011] January 1, 2012
27
Appendix II Compensation Principles for the Project Areas
1. Compensation Principles for Land Acquisition
1.1 Compensation Principles for Permanent Land Acquisition
49. The compensation principles for permanent land acquisition in this Project will be
implemented according to:
50. In Guizhou: the requirements of the Reply of the People’s Government of Guizhou
Province to the Standards of Unified Annual Output Value and Comprehensive Land Price
in Land Acquisition Areas in Guizhou Province (Letter No. 255 [2009] of the People’s
Government of Guizhou Province);
51. In Sichuan: Notice of Land and Resources Department of Sichuan Province on
Implementing the Standards of Unified Annual Output Value for Acquired Land (No. 54
[2009] of Land and Resources Department of Sichuan Province)
52. In Gansu: Notice of the People’s Government of Gansu Province on Printing and
Issuing the Standards of Comprehensive Land Price in Land Acquisition Areas and Unified
Annual Output Value for Acquired Land in Gansu Province (No. 151 [2012] the People’s
Government of Gansu Province)
53. Land compensation will be calculated according to the product of Standards of Unified
Annual Output Value for Acquired Land/ Comprehensive Land Price in Land Acquisition
Areas and the acquired land area. The project implementation shall be subject to then valid
compensation principles and provisions of the provinces, cities/counties at the place where
the project locates, and any unit and individual shall not arbitrarily raise or lower the land
compensation standards.
1.2 Compensation Principles for Temporary Land Acquisition
54. The construction of this Project may involve in temporarily expropriating collective
lands, the specific location and area of which may not be determined at present. In
accordance with the negotiation with project owner, relevant units and village committees
of affected villages, if collective lands are unavoidably acquired temporarily during the
project construction period, project owner will fully negotiate with affected village
committees and affected households to determine the compensation principles, and young
crops will be compensated by reference to local policies of the project county; and if young
crops are not affected, it shall be settled through negotiation as the case may be, and the
lawful rights and interests of village committees of affected villages and affected
households shall be reasonably compensated.
1.3 Compensation Principles for Attachments
55. The compensation for attachments and public utilities on the land affected by the
project shall be subject to corresponding compensation principles for attachments by each
project county.
2 Compensation Principles for House Demolition
2.1 Rural Residential House Demolition
28
56. Compensation principles for demolished rural residential houses related to this
Project shall be assessed by a third-party assessment agency with assessment
qualification according to market price, and the demolition compensation price will be
finally determined by relocated households through negotiation based on the assessment
and in the form of agreement.
2.2 Rural Non-residential House Demolition
57. Specific compensation principles for demolished rural non-residential houses related
to this Project shall be subject to the methods of “one project, one discussion” with the
property owner by project owner coordinated by local government, and then the
demolished rural non-residential houses will be compensated according to market
assessment by a third-party assessment agency with assessment qualification. The
compensations will be fully and timely granted to the property owner.
58. (1) Compensation for the buildings (structures) of the relocated households:
permanent buildings (structures) will be assessed by the assessment agency
according to the replacement cost method which shall evaluate the assessment value,
so as to determine the compensations.
59. (2) Machinery equipments and the associated equipments of relocated households
will be assessed by the assessment agency according to the replacement cost
method which shall evaluate the assessment value of the machinery equipments.
Compensations for irremovable machinery equipments and the associated
equipments will be determined according to the assessment value, and the removal
compensations for removable machinery equipments and the associated equipments
will be determined according to the assessment.
60. (3) Compensations and removal compensations for young crops on the lands will be
determined according to the assessment.
61. (4) If the relocated households stop production or close down due to demolition, the
remover shall compensate the personnel closed down according to the staff number
(including temporary workers) registered in the city/county labor and social protection
organization and local conditions, generally according to the product of local minimum
wage standards and close-down months; relocated households stopped production or
closed down will be compensated according to the times of monthly average after-tax
profit in the year with the maximum profit filed with the tax department in the first three
years before the demolition; the removal subsidies for the plant and office occupancy
will be compensated based on local conditions.
29
Appendix III Laws and Policies on Social Security
Level No. Location Policy Documents Effective Date
National / /
Notice of the General Office of the State Council on Forwarding the Guidelines from the Ministry of
Labor and Social Security on Effectively Performing the Career Training and Social Security Work
Farmers Whose Lands are Acquired (No. 29 [2006] the General Office of the State Council)
April 10, 2006
Provincial
1 Guizhou
Province
Opinions of the People’s Government of Guizhou Province on Further Effectively Performing the
Career Training and Social Security Work for Farmers Whose Lands are Acquired (No. 26 [2011]
the People’s Government of Guizhou Province)
September 9,
2011
Guidelines on Social Security Business for Farmers Whose Lands are Acquired in Guizhou
Province (No. 41[2011] Human Resources and Social Security Department of Guizhou Province) October 9, 2011
2 Sichuan
Province
Notice of Labor and Social Security Department of Sichuan Province on Carrying out the
Inspection Work for the Implementation of Social Security Policies for Farmers Whose Lands are
Acquired (Letter No. 239 [2009] of Human Resources and Social Security Department of Sichuan
Province)
December 15,
2009
Notice of the Office of the People’s Government of Sichuan Province on Further Effectively
Performing the Social Security Work for Farmers Whose Lands are Acquired (No. 15 [2008] Office
of the People’s Government of Sichuan Province)
April 13, 2008
Notice of the Office of the People’s Government of Sichuan Province on the Participation of
Urbanized Personnel Whose Lands are Acquired in Basic Endowment Insurance (Letter No. 302
[2009] of the Office of the People’s Government of Sichuan Province)
December 22,
2009
3 Gansu
Province
Measures for Endowment Insurance for the Farmers Whose Lands are Acquired in Gansu
Province (No. 41 [2011] the People’s Government of Gansu Province)
November 17,
2011
City
(Autonomous
Prefecture)
1 Bijie City
Implementation Opinions of the People’s Government of Bijie City on Further Effectively
Performing the Career Training and Social Security Work for the Farmers Whose Lands are
Acquired (No. 21 [2012] the People’s Government of Bijie City)
May 2, 2012
2 Zunyi City Notice of the Office of the People’s Government of Bijie City on Printing and Issuing the
Implementation Opinions on Further Effectively Performing the Career Training and Social February 10, 2012
30
Level No. Location Policy Documents Effective Date
Security Work for the Farmers Whose Lands are Acquired in Zunyi City (No. 29 [2012] Office of
the People’s Government of Zunyi City)
3 Luzhou City
Notice of the People’s Government of Luzhou City on Adjusting the Calculation and Payment
Measures for Endowment Insurance Pension for the Farmers Whose Lands are Acquired (No. 47
[2005] Office of the People’s Government of Luzhou City)
July 1, 2005
Notice on Printing and Issuing the Implementation Opinions on Improving the Social Endowment
Insurance and Unemployment Insurance for the Urbanized Personnel Whose Lands are Acquired
(No. 19 [2007] Labor and Social Security Department of Luzhou City)
September 18,
2007
Notice of Labor and Social Security Department of Luzhou City on Issues Related to Social
Endowment Insurance for the Urbanized Personnel Whose Lands are Acquired (No. 5 [2012]
Labor and Social Security Department of Luzhou City)
February 3, 2012
Opinions of the People’s Government of Luzhou City on Developing Long-term Mechanism of Life
and Social Security for the Farmers Whose Lands are Acquired (No. 17 [2006] Office of the
People’s Government of Luzhou City)
February 19, 2006
4
Liangshan Yi
Autonomous
Prefecture
Notice of the Office of the People’s Government of Sichuan Province on Further Effectively
Performing the Social Security Work for the Farmers Whose Lands are Acquired (No. 15 [2008]
Office of the People’s Government of Sichuan Province)
April 11, 2008
Notice on the Participation of Urbanized Personnel Whose Lands are Acquired in Basic
Endowment Insurance (Letter No. 302 [2009] of the Office of the People’s Government of Sichuan
Province)
December 21.
2009
Notice of the Office of Human Resources and Social Security Bureau of Liangshan Prefecture on
Further Effectively Implementing Issues Related to the Social Security Policies for Farmers Whose
Lands are Acquired
July 23, 2012
5
Linxia Hui
Autonomous
Prefecture
Notice on Measures for Resolving Resettlement and Security Problems for Certain Farmers
Whose Lands are Acquired (Notice No. 96 [2011] of Human Resources and Social Security
Department of Linxia Hui Autonomous Prefecture)
October 8, 2011
Implementation Measures for Endowment Insurance for Farmers Whose Lands are Acquired in November 23,
31
Level No. Location Policy Documents Effective Date
Linxia Hui Autonomous Prefecture (No. 127 [2012] the People’s Government of Linxia Hui
Autonomous Prefecture)
2012
6 Wuwei City
Implementation Opinions of Wuwei City on Carrying out the Measures for Endowment Insurance
for the Farmers Whose Lands are Acquired in Gansu Province (No. 16 [2011] the People’s
Government of Wuwei City)
February 3, 2011
7 Tianshui City
Notice of the People’s Government of Tianshui City on Printing and Issuing the Implementation
Measures for Endowment Insurance for the Farmers Whose Lands are Acquired in Tianshui City
(No. 75 [2012] the People’s Government of Tianshui City)
June 18, 2012
8 Dingxi City
Notice on Carrying out the Implementation Measures for Endowment Insurance for the Farmers
Whose Lands are Acquired in Gansu Province (No. 8 [2012] Human Resources and Social
Security Department of Dingxi City)
January 13, 2012
9 Qingyang City
Administrative Measures for Endowment Insurance for the Farmers Whose Lands are Acquired in
Qingyang City (No. 10 [2010] the People’s Government of Qingyang City) May 17, 2012
Opinions of the People’s Government of Qingyang City on Carrying out the Measures for
Endowment Insurance for the Farmers Whose Lands are Acquired in Gansu Province (No. 91
[2012] the People’s Government of Qingyang City)
August 18, 2012
Notice of Human Resources and Social Security Department of Qingyang City on Forwarding the
Regulations for Handling Endowment Insurance for the Farmers Whose Lands are Acquired in
Gansu Province (No. 116 [2010] the Human Resources and Social Security Department of
Qingyang City)
October 27, 2010
10 Pingliang City
Notice of the People’s Government of Pingliang City on Printing and Issuing the Implementation
Measures for Endowment Insurance for the Farmers Whose Lands are Acquired in Pingliang City
(No. 78 [2012] the People’s Government of Pingliang City)
July 8, 2012
County
(District) 1
Dafang
County
Notice of the People’s Government of Dafang County on Printing and Issuing the Implementation
Measures for Endowment Insurance for the Farmers Whose Lands are Acquired in Dafang County
(No. 118 [2013] the People’s Government of Dafang County)
July 22, 2013
32
Level No. Location Policy Documents Effective Date
2 Zhijin County
Notice of the People’s Government of Zhijin County on Printing and Issuing the Implementation
Measures for Further Effectively Performing the Career Training and Social Security Work for the
Farmers Whose Lands are Acquired in Zhijin County (Trial Implementation) (No. 7 [2013] the
People’s Government of Zhijin County)
March 1, 2013
3 Tongzi County
Notice of the People’s Government of Tongzi County on Printing and Issuing the Implementation
Opinions on Career Training and Social Security Work for the Farmers Whose Lands are Acquired
in Tongzi County (No. 153 [2013] the People’s Government of Tongzi County)
October 25, 2013
4 Xishui County
Notice of the People’s Government of Xishui County on Printing and Issuing the Implementation
Measures for Career Training and Social Security Work for the Farmers Whose Lands are
Acquired in Xishui Count (No. 223 [2012] the People’s Government of Xishui County)
August 28, 2012
Notice of the Office of the People’s Government of Xishui County on Printing and Issuing the
Implementation Measures for Endowment Insurance for the Farmers Whose Lands are Acquired
in Xishui County (No. 112 [2013] the Office of the People’s Government of Xishui County)
April 23, 2013
5 Chishui City
Notice of the Office of the People’s Government of Chishui City on Printing and Issuing the
Implementation Measures for Career Training and Social Security Work for the Farmers Whose
Lands are Acquired in Chishui City (Trial Implementation) (No. 163 [2013] the Office of the
People’s Government of Chishui City)
October 1, 2013
6 Gulin County
Implementation Opinions of the Office of the People’s Government of Gulin County on the
Participation in Basic Endowment Insurance and Employment and Reemployment Work for
Urbanized Personnel Who has not Adopted the Social Security Resettlement Measures when the
Lands are Acquired (No. 163 [2013] the Office of the People’s Government of Gulin County)
April 21, 2007
7 Xuyong
County
Administrative Measures for Endowment Insurance for the Farmers Whose Lands are Acquired in
Qingyang City (No. 10 [2010] the People’s Government of Qingyang City) May 17, 2012
8 Jinyang
County
Notice of the Office of the People’s Government of Jinyang County on Further Effectively
Implementing Issues Related to the Social Security Policies for the Farmers Whose Lands are
Acquired
September 1,
2008
33
Level No. Location Policy Documents Effective Date
9 Zhaojue
County
Notice of the Office of the People’s Government of Sichuan Province on Further Effectively
Performing the Social Security Work for the Farmers Whose Lands are Acquired (No. 15 [2008]
Office of the People’s Government of Sichuan Province)
April 11, 2008
10 Meigu County
Notice of the Office of the People’s Government of Sichuan Province on Further Effectively
Performing the Social Security Work for the Farmers Whose Lands are Acquired (No. 15 [2008]
Office of the People’s Government of Sichuan Province)
April 11, 2008
11 Butuo County
Notice of the Office of the People’s Government of Sichuan Province on Further Effectively
Performing the Social Security Work for the Farmers Whose Lands are Acquired (No. 15 [2008]
Office of the People’s Government of Sichuan Province)
April 11, 2008
12 Yongjing
County
Implementation Measures for Endowment Insurance for the Farmers Whose Lands are Acquired
in Linxia Hui Autonomous Prefecture (No. 127 [2012] the People’s Government of Linxia Hui
Autonomous Prefecture)
November 23,
2012
13
Dongxiang
Nationality
Autonomous
County
Notice of Dongxiang County on Printing and Issuing the Implementation Measures for Pilot Work
of Social Endowment Insurance for Urban and Rural Residents (No. 176 [2011] the People’s
Government of Dongxiang County)
September 22,
2011
14 Gulang
County
Implementation Regulations on Endowment Insurance for the Farmers Whose Lands are Acquired
in Gulang County (Trial Implementation) (No. 79 [2010] the People’s Government of Gulang
County)
October 1, 2010
Implementation Opinions of the People’s Government of Gulang County on Incorporating the
Land-lost Farmers in the Urban Planning Area into the Endowment Insurance Coverage for the
Farmers Whose Lands are Acquired (No. 138 [2011] the People’s Government of Gulang County)
June 30, 2011
15
Zhangjiachuan
Hui-ethnic
Autonomy
County
Notice of the People’s Government of Zhangjiachuan County on Forwarding the Implementation
Measures for Endowment Insurance for the Farmers Whose Lands are Acquired in Tianshui City
(No. 99 [2012] the People’s Government of Zhangjiachuan County)
July 12, 2012
34
Level No. Location Policy Documents Effective Date
16 Tongwei
County
Notice on Carrying out the Implementation Measures for Endowment Insurance for the Farmers
Whose Lands are Acquired in Gansu Province (No. 8 [2012] Human Resources and Social
Security Department of Dingxi City)
January 13, 2012
17 Longxi County
Notice of the People’s Government of Longxi County on Printing and Issuing the Implementation
Measures for Endowment Insurance for the Farmers Whose Lands are Acquired in Longxi County
(No. 25 [2010] the People’s Government of Longxi County)
October 1, 2010
18 Min County
Notice on Carrying out the Implementation Measures for Endowment Insurance for the Farmers
Whose Lands are Acquired in Gansu Province (No. 8 [2012] Human Resources and Social
Security Department of Dingxi City)
January 13, 2012
19 Weiyuan
County
Implementation Regulations on Endowment Insurance for the Farmers Whose Lands are Acquired
in Weiyuan County (Trial Implementation)
September 10,
2013
20 Lintao County Implementation Regulations on Endowment Insurance for the Farmers Whose Lands are Acquired
in Lintao County (Trial Implementation) March 31, 2008
21 Anding District
Notice of the Office of the People’s Government of Dingxi CityAnding District on Printing and
Issuing the Implementation Measures for Endowment Insurance for the Farmers Whose Lands are
Acquired in Dingxi CityAnding District (Trial Implementation) (No. 67 [2012] the Office of the
People’s Government of Dingxi CityAnding District)
April 24, 2012
22 Huachi County
Notice of the Office of the People’s Government of Huachi County on Printing and Issuing the
Implementation Measures for Endowment Insurance for the Farmers Whose Lands are Acquired
in Huachi County (No. 51 [2013] the Office of the People’s Government of Huachi County)
April 15, 2013
23 Huan County
Implementation Regulations on Endowment Insurance for the Farmers Whose Lands are Acquired
in Huan County (No. 8 [2011] the People’s Government of Huan County) May 1, 2011
Opinions of the People’s Government of Huan County on Carrying out the Measures for
Endowment Insurance for the Farmers Whose Lands are Acquired in Gansu Province (No. 163
[2012] the People’s Government of Huan County)
October 30, 2012
24 Heshui County Implementation Regulations on Endowment Insurance for the Farmers Whose Lands are Acquired November 17,
35
Level No. Location Policy Documents Effective Date
in Heshui County 2011
25 Zhengning
County
Notice of the People’s Government of Zhengning County on Printing and Issuing the
Administrative Measures for Endowment Insurance for the Farmers Whose Lands are Acquired in
Zhengning County (No. 36 [2011] the People’s Government of Zhengning County)
June 1, 2011
26 Zhuanglang
County
Notice of the People’s Government of Pingliang City on Printing and Issuing the Implementation
Measures for Endowment Insurance for the Farmers Whose Lands are Acquired in Pingliang City
(No. 78 [2012] the People’s Government of Pingliang City)
July 8, 2012
27 Jingning
County
Notice of the People’s Government of Jingning County on Printing and Issuing the Implementation
Measures for Endowment Insurance for the Farmers Whose Lands are Acquired in Jingning
County (Trial Implementation) (No. 30 [2010] the People’s Government of Jingning County)
January 1, 2010
36
Appendix IV Entitlement Matrix
Type of Impact Affected
Persons
Compensation or
Resettlement Measure Entitlement
Land Acquisition
Compensation
Village collectives
1) Collective land compensation Collective lands without land contractors shall obtain all land
compensation fees without land reallocation; lands with land
contractors will obtain 20% of public land compensation
fees, with the remaining 80% going to the collective; the use
of compensation fees received by the collective shall be
determined through a villager meeting.
2) Compensation for
attachments owned by village
collectives
Farmers
1) Land compensation and
resettlement subsidies
When affected natural villages do not make internal land
adjustments, farmer households will obtain 80% of land
compensation value, with the remaining 20% used for public
welfare.
When affected natural villages make internal land
adjustments, land compensation and resettlement subsidies
for farmer households will be transferred to impacted natural
villages on the basis of the affected land area, and be
equally distributed to every household in the villages.
2) Temporary land use
Full compensation will be paid based on time of occupation
and the temporarily occupied land will be restored to the
original
3) Compensation for young
crops
Affected individuals will obtain all compensations for young
crops
37
Type of Impact Affected
Persons
Compensation or
Resettlement Measure Entitlement
4) Social security Farmers meeting the standards of landess households will
be entitled to social security
5) Production and livelihood
development Free training, and employment facilitation
Demolition of residential
houses
Rural or
Urban residents
Compensation and relocation
1). Right to select relocation or cash compensation;
2). Those who choose relocation will be provided by the
remover with housing and surrounding facilities (three
supplies and one leveling);
3). Those who choose cash compensation will obtain
demolition compensation at replacement cost, and free
housing land will be offered by local governments for new
house construction.
Resettlement subsidies, moving
subsidies and rewards
Obtaining resettlement subsidies, moving subsidies and
rewards according to local compensation standards, and be
entitled to successful transition.
Compensation standards for
attachments and trees Compensation at applicable rates.
38
Type of Impact Affected
Persons
Compensation or
Resettlement Measure Entitlement
Demolition of
non-residential
properties
Unit owner
Cash compensation/relocation
1). Right to select relocation or cash compensation;
2). Those who choose rebuilding relocation will identify a
new property with the assistance of the remover and
compensation for all losses at replacement cost;
3). Those who chooses cash compensation will obtain the
compensation at replacement cost;
4). Compensation for production suspension or output
reduction will be paid.
Full-time and temporary workers
Affected workers will receive compensation for lost wage
income; unemployed workers will also be entitled to skills
training and job referral services.
Vulnerable groups All affected
vulnerable groups
1) Right to receive equal compensation for house demolition and land acquisition;
2) They will be identified individually during specific planning;
3) Getting help and priority from government livelihood programs;
4) They will have priority in new house construction, and receive asistance in the form of
manpower and material resources;
5) The civil affairs department will incorporate five-guarantee households, the disabled, and
poor and women-headed households in local social security systems, and provide a minimum
39
Type of Impact Affected
Persons
Compensation or
Resettlement Measure Entitlement
monthly living allowance to them.
6) They will receive priority to participate in project activities such as cooperatives;
7) Single parent families, and household affected by disabilities or other lack of labor force will
receive priority to transfer their lands and guarantee their income.
Women All affected women
1) There shall be women members in the village committees; women enjoy equal participation
rights with men in villager meetings and villager congress;
2) Women’s opinions are taken into account in public opinion surveys related to land
acquisition and house demolition;
3) Women are entitled to the same rights as men to receive compensation for land acquisition
and house demolition;
4) Jobs generated at the construction and operation stages will be first made available to
women, and women are entitled to local employment training and job referral.
Ethnic minorities All affected ethnic
minorities
1) Priority in resettlement and skills training;
2) Priority in receiving employment information and in job selection;
3) Participation in consultation meetings for ethnic minority projects, to express their own
opinions and suggestions and put forward their own demands;
40
Type of Impact Affected
Persons
Compensation or
Resettlement Measure Entitlement
4) Relevant policy documents shall be explained in local language, when this is needed;
5) Vulnerable groups in areas inhabited by ethnic minorities, especially poor households, shall
be paid close attention to during the course of resettlement.
Infrastructure removal Infrastructure
owners Restored by the construction organize or compensated for at replacement cost
41
Appendix V Summary of Land Occupied for Market Construction
Prov-
ince City County
Number of
Proposed
Markets
Scope
Planned
Land
Area (㎡)
Planned
Product
Proposed
Location
(end-of-table
note)
Floor
Area
(Mu)
Land status Acquisition
Time
Gui-
zhou
Zunyi Chishui 1 Trading
market 3000
Dendrobium
nobile (1) 6
Collective
construction
land
/
Bijie Zhijin 3
Farmer’s
market A 500
Comprehensi
ve trading
market
(1) 1
Collective
construction
land
/
Village
trading
market
B 500 Bamboo
fungus (1) 1
Collective
construction
land
/
Village
trading
market
C 500 Bamboo
fungus (1) 1
Collective
construction
land
/
Village
trading
market
D 500 Bamboo
fungus (1) 1
Collective
construction
land
/
Sichua
n
Luzhou Xuyong 1
Agricul-
tural
trading
market
1500 Fruit Chishui Town
Xiekou Village 2.3
Collective
construction
land
/
Liang-
shan Jinyang 1
Livestock
trading
market
3333 Semi-fine
wool sheep
Nanwa Town
Shubo Village (2) 5
State-owned
land /
42
Prov-
ince City County
Number of
Proposed
Markets
Scope
Planned
Land
Area (㎡)
Planned
Product
Proposed
Location
(end-of-table
note)
Floor
Area
(Mu)
Land status Acquisition
Time
Gansu
Tianshui Zhangjia-
chuan 1
Live
animals
trading
market
6666 Beef cattle Malu Town
Jinshan Village 10
State-owned
land
September
2010
Dingxi Weiyuan 1
Wholesale
market for
improved
varieties
9990 Potato Wuzhu Town
Wuzhu Village (3) 15
Collective
construction
land
/
Qing-
yang
Huachi 1
Live
animals
trading
market
71262 Sheep
Yule Town
Xinbao
Demonstration
Area (4)
107 Villagers’
collective land /
Huan-
xian 3
Live
animals
trading
market
A 6666 Sheep
Maojing Town
Zhuanchengzi
Village (5)
10
Collective
construction
land
/
B 6666 Sheep
Quzi Town
Shuangcheng
Village
10
Collective
construction
land
/
C 6666 Sheep
Yanwu Town
Xieguozhui
Village
10
Collective
construction
land
/
Source: Provinces’ identification tables for land acquisition and demolition, feasibility study reports and that provided by PMO.
43
Notes: (1) Construction location is not yet determined. (2) Reconstruction of original market place. (3) Transformation of former village theater. (4) The Xinbao
Demonstration Area are collective lands of Xinbao Village leased by the People’s Government of Huachi County in September 2002 in the form of
“subcontracting”; the first lease term is 20 years, and the rents are disbursed by the Financial Department of Huachi County, which does not belong to acquired
State owned lands. The Animal Husbandry and Veterinary Bureau of Huachi County has provided construction land certificates and land leasing agreements.
(5) Former livestock distribution point.