RP337
v1
LIVESTOCK WASTE
Public Disclosure Authorized
MANAGEMENT IN EAST ASIA
Project preparation under the PDF-B grant

Public Disclosure Authorized
POLICY FRAMEWORK FOR
RESETTLEMENT OF
PROJECT DISPLACED PERSONS IN
GUANGDONG PROVINCE

Public Disclosure Authorized
Public Disclosure Authorized
Augus 30, 2004

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TABLE OF CONTENTS

ABBREVIATIONS .....................................................................................................................I
SECTION 1 INTRODUCTION...............................................................................................1
A. The
Project ............................................................................................................1
B. Policy
Framework ..................................................................................................2
C. Displaced
Persons ................................................................................................3
D.
Principles and Objectives ......................................................................................3
E. Resettlement
Plan .................................................................................................4
SECTION 2 INSTITUTIONAL AND LEGAL FRAMEWORK..................................................7
A. Institutional
Framework .........................................................................................7
B. Legal
Framework...................................................................................................7
SECTION 3 ENTITLEMENT POLICY ...............................................................................10
SECTION 4 PEOPLE'S PARTICIPATION ..........................................................................13
SECTION 5 BASELINE INFORMATION...........................................................................14
A. Census
and
Inventory .........................................................................................14
B. Resettlement
Plan ...............................................................................................15
SECTION 6 IMPLEMENTATION ARRANGEMENTS ........................................................15
A. Implementation
Schedule ....................................................................................15
B. Institutional
Arrangement ....................................................................................16
C. Complaints
and
Grievances ................................................................................16
D.
Supervision, Monitoring and Evaluation ..............................................................17
SECTION 7 COSTS AND BUDGET ................................................................................18
Annexes: ................................................................................................................................20
Annex 1 Entitlement Matrix...............................................................................................20
Annex 2 Inventory of Displaced People..........................................................................27
Annex 3 Entitlements of DP's ........................................................................................29
Annex 4 Socio-Economic Household Data Sheet of Project Affected People ................31

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ABBREVIATIONS

ARP
Abbreviated
Resettlement
Plan
BC
Boluo
County
DP's
Displaced
Persons
FAO
Food
and
Agricultural
Organization
GEF
Global
Environmental
Facility
GP
Guangdong
Province
LPG
Local
People's
Government
NGO
Non-Governmental
Organization
NSC
National
Steering
Committee
OP
Operational
Policies
PLG
Project
Leading
Group
PMO
Project
Management
Office
PRC

People's Republic of China
RA

Resettlement
Activities
RCEO
Rural
Collective
Economic
Organization
RP's
Resettlement
Plans
SCS
South
China
Sea
VPC
Village
Peoples'
Committee
YT


Yuanzhou Town, the project site, in Boluo County

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SECTION 1 INTRODUCTION

A. The
Project

1. The Livestock Waste Management in East Asia project is funded by GEF, and
FAO is responsible for preparing the project. The key objective of the project is to
reduce the negative local and global environmental impacts of rapidly increasing
livestock production in selected watersheds in the coastal area, related to
Guangdong Province (GP), Thailand and Vietnam. Focus point will be the
reduction of land-based pollution from livestock production of the international
water of the South China Sea (SCS). There will be some other extra objectives
after the implementation of the demonstrated project, especially through the
expansion and duplication of the surrounding areas of SCS in selected
watersheds in the coastal areas not only the adverse impacts of land-based
pollution from livestock production will be reduced, but also the global benefits
would occur in the areas of biodiversity, land degradation, and climate change.

2. The Project consists of four components, they are Conducive Policy Framework
(Component 1), Demonstration of Manure Management (Component 2), Regional
Component (Component 3), and project management and Monitoring
(Component 4). All of the project objectives supposed to be performed by the
components.

3. In GP, Component 1 includes Policy Development, Policy Enforcement,
Capacity Building and Awareness Raising. All of them focus on the development
of policies and decision-support tools, so that to enforce and demonstrate the
policies and regulations more effectively and more efficiently. For component 2,
Guangdong selected Yuanzhou Town (YT) of Boluo County (BC) as the actual
physical demonstration site, for the demonstration of improved livestock waste
management practices. The Component 3 focuses on the regional affairs,
including the evaluation activities on effects and impacts for the demonstration
project, the development of common decision support tools, and the
dissemination of demonstration project results. The Component 4 focuses on the
efficient project management and effective monitoring of the activities and the
project.

4. To implement component 2, i.e., Demonstration of Livestock Waste
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Management, land acquisition/rental or land exchange may be required for
establishing common waste treatment system.

5. In the Guangdong project area, based on the findings of the Social Assessment
Expert and other local experts and the technical consultants' design of component
2, it is the opinion of the Project Management Office (PMO) officials and the
National Steering Committee (NSC) that the establishment of livestock waste
treatment system in the currently identified demonstration site will not require land
acquisition and resettlement. However, limited land acquisition and resettlement
may be required in demonstration sites to be selected by the project in the future.
In order to provide a framework for appropriate implementation arrangements for
such land acquisition and relocation, Resettlement Plans (RP) or Abbreviated
Resettlement Plans (ARP) will be prepared in accordance with this Resettlement
Policy Framework.

B. Policy
Framework

6. This resettlement policy framework is prepared based on the "Involuntary
Resettlement" part of the Operational Policies (OP 4.12) of the World Bank,
issued in December 2001. The overall objectives of the Bank's policy on
involuntary resettlement are:

(a)
Involuntary resettlement should be avoided where feasible, or
minimized, exploring all viable alternative project designs;
(b)
where it is not feasible to avoid resettlement, the project should
provide sufficient investment resources to enable Displaced
Persons (DP's) to share in project benefits. DP's should be
meaningfully consulted and should have opportunities to
participate in planning and implementing resettlement programs;
(c)
DP's should be assisted in their efforts to improve their
livelihoods and standards of living or at least to restore them to
pre-project levels.

7. The Policy Framework lays down the principles and objectives, eligibility criteria
of DP's, entitlements, legal and institutional framework, modes of compensation
and rehabilitation, peoples participation features and grievances procedures that
will guide the compensation, resettlement and rehabilitation of the DP's.
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C. Displaced
Persons

8. The DP's include the following persons to be identified by the baseline
information collected for each of the Resettlement Plans (RP's):

(a)
Persons whose houses are in part or in total affected (temporarily
or permanently) by the project;
(b)
Persons whose premise and/or agricultural land is in part or in
total affected (permanently or temporarily) by the project;
(c)
Persons whose businesses are affected in part or in total
(temporarily or permanently) by the project; and
(d)
Persons whose crops (annual and perennial) and trees are
affected in part or in total by the project.

D. Principles
and
Objectives

9. The principles outlined in the OP 4.12 of the World Bank on involuntary
resettlement have been adopted in preparing this Policy Framework. In this regard
the following principles and objectives would be applied:

(a)
Acquisition of land and other assets, and resettlement of people
will be minimized as much as possible;
(b)
All DP's residing, working, doing business or cultivating land in
transmission line, surrounding areas of tower foundation, the
substation areas, in the service roads under the project as of the
date of the baseline surveys are entitled to be provided with
rehabilitation measures sufficient to assist them to improve or at
least maintain their pre-project living standards, income earning
capacity and production levels. Lack of legal rights to the assets
lost will not bar the DP's from entitlement to such rehabilitation
measures;
(c)
The rehabilitation measures to be provided are: (1) compensation
at replacement cost without deduction for depreciation or salvage
materials for houses and other structures; (2) agricultural land for
land of equal productive capacity acceptable to the DP's; (3)
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replacement of premise land of equal size acceptable to the
DP's; and (4) transfer and subsistence allowances;
(d)
Replacement premise and agricultural land will be as nearby as
possible to the land that was lost, and acceptable to the DP's;
(e)
The resettlement transition period will be minimized and the
rehabilitation means will be provided to the DP's prior to the
expected start-up date of works in the respective Project site;
(f)
Plans for acquisition of land and other assets and provision of
rehabilitation measures will be carried out in consultation with the
DP's, to ensure minimal disturbance. Entitlements will be
provided by DP's prior to expected start-up of works at the
respective project site;
(g)
The previous level of community services and resources will be
maintained or improved;
(h)
Financial and physical resources for resettlement and
rehabilitation will be made available and as where and when
required;
(i)
Institutional arrangements will ensure effective and timely design,
planning, consultation and implementation of the Inventories and
RP's; and
(j)
Effective and timely supervision, monitoring and evaluation of the
implementation of the RP's will be carried out.

E. Resettlement
Plan

10. In the case of more than 200 people in each selected project demonstration
site are affected by the project, a resettlement plan for the demonstration site will
be prepared by the PMO under the leadership of the Project Leading Group
(PLG), and in close collaboration with local government authority (BC). The RP's
should be furnished by PMO under NSC to the World Bank for its concurrence.
DP's should be meaningfully consulted and should have opportunities to
participate in planning and implementing resettlement programs.

11. Based on the "Involuntary Resettlement Instruments" outlined in the OP 4.12
of the World Bank, Each RP will cover the elements listed below, as relevant.
When any element is not relevant to project circumstances, it should be noted in
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the RP:

(1)
General description of the project;
(2)
Potential impacts identification of the project;
(3)
Objectives (the main objectives of the resettlement program);
(4)
Socioeconomic studies. The findings of socio-economic studies to
be conducted in the early stages of project preparation and with the
involvement of potentially DP's, including the results of a census
survey and other descriptions;
(5)
Legal framework. The findings of an analysis of the legal framework,
covering the scope of the power of eminent domain and the nature
of compensation associated with it, the applicable legal and
administrative procedures, relevant law and social welfare
legislation, laws and regulations relating to the agencies responsible
for implementing Resettlement Activities (RA), and legal steps
necessary;
(6)
Institutional framework. Covering the identification of agencies
responsible for RA and Non-Governmental Organizations (NGOs)
that may have a role, an assessment of the institutional capacity of
them, and any steps that are proposed to enhance the institutional
capacity;
(7)
Eligibility. Definition of DP's and criteria for determining their
eligibility for compensation and other resettlement assistance;
(8)
Valuation of and compensation for losses;
(9) Resettlement measures. A description of the packages of
compensation and other resettlement measures;
(10)
Site selection, site preparation and relocation;
(11)
Housing, infrastructure, and social services;
(12) Environmental
protection
and
management;
(13) Community participation. Involvement of resettled people and
relevant communities;
(14) Integration with host populations. Measures to mitigate the impact of
resettlement on any host communities;
(15) Grievances procedures. Affordable and accessible procedures for
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third-party settlement of disputes arising from resettlement;
(16) Organizational
responsibilities;

(17) Implementation
schedule;
(18) Cost
and
budget;
and
(19) Monitoring
and
evaluation.

12. The RP should be completed no later than six months prior to the estimated
date for commencement of the works. Each RP should be furnished to the World
Bank for consideration no later than three months prior to the actual initiation of
the works under the Project. Compensation, resettlement and rehabilitation
activities will only commence after the World Bank has found acceptable the
respective RP, which the PLG, local authority (BC) and NSC have approved it.
The compensation, resettlement and rehabilitation activities will be completed
before awarding contracts of civil works for the demonstration site.

Abbreviated Resettlement Plan

13. In the case of more than 200 people in each demonstration site are affected
by the project, the Abbreviated Resettlement Plan (ARP) for the demonstration
site will be prepared by the PMO under the leadership of the PLG, and in close
collaboration with local government authority (BC). The ARP should be furnished
by PMO under NSC to the World Bank for its concurrence. Related DP's should
be meaningfully consulted and should have opportunities to participate in planning
and implementing resettlement programs.

14. Based on the "Involuntary Resettlement Instruments" outlined in the OP 4.12
of the World Bank, the ARP covers the following minimum elements:

(1) A census survey of displaced persons and valuation of assets;
(2) Description of compensation and other resettlement assistance to be
provided;
(3) Consultation with displaced people about acceptable alternatives;
(4)
Institutional responsibility for implementation and procedures for
grievances redress;
(5) Arrangements for monitoring and implementation; and
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(6) A timetable and budget.

15. The ARP should be completed no later than four months prior to the estimated
date for commencement of the works under the project. Each ARP will be
furnished to the World Bank for consideration no later than three months prior to
the actual initiation of the works under the Project. Compensation, resettlement
and rehabilitation activities will only commence after the World Bank has found
acceptable the respective ARP, which the PLG, local authority (BC) and NSC
have approved it. The compensation, resettlement and rehabilitation activities will
be completed before awarding the contracts of civil works for each demonstration
site.

SECTION 2 INSTITUTIONAL AND LEGAL FRAMEWORK

A. Institutional
Framework

16. The responsibility for preparing and implementing the Policy Framework and
RP's are as follows:

(a) The overall responsibility for enforcement of the Policy Framework and
for planning and implementing RP's rests with PMO under PLG, BC
authority and NSC. PMO is responsible for preparing RP's and for the
day-to-day implementation thereof within their respective jurisdiction
under the direct leadership of PLG. The BC authority will actively
involve in the preparation and implementation of RP's. In order to have
RP's acceptable to the World Bank to implement RP smoothly, PMO
under NSC is responsible for: (i) hiring qualified consultants to prepare
RP's; (ii) appointing qualified social safeguard staff for PMO and BC;
(b) Funds for implementing RP's will be from counterpart funds based on
budgetary requirements established by local governments (YT, BC and
GP) in consultation with the DP's.

B. Legal
Framework

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17. The legal framework governing the implementation of RP's are OP 4.12 on
Involuntary Resettlement of the World Bank, and related laws, regulations and
decrees of the People's Republic of China (PRC), both at the country, provincial
and national level.

18. The laws, regulations and decrees of the PRC that have let the preparation of
this RP's Framework and warrant its legality are:

The Constitution of the PRC, issued on December 4, 1982,
approved and took effect by National People's Congress; revised
and approved on 12 April 1988, 29 March 1993, 15 March 1999,
and 14 March 2004;
The Law of Agriculture PRC, issued on July 2, 1993, approved
and took effect by National People's Congress; revised and
approved on 28 December 2002, took effect on 1 March 2003;
The law of Land Management PRC, issued on June 25, 1986,
approved and took effect by National People's Congress; revised
and approved on 29 December 1988, latest revised on August
29, 1998, and took effect on January 1, 1999;
The State Council Decree 256, implementation regulation of the
Law of Land Management PRC, issued and took effect on
December 27, 1998;
The Law of Land Contract PRC, issued on August 29, 2002,
approved by the National People's Congress, took effect on
March 1, 2003;
The State Council Decree 74, regulation on land acquisition
compensation and immigrants for large and medium hydro-
engineering and hydro-electric projects, issued and took effect on
February 15, 1991;
The State Council Decree 257, regulation of principal farm land
protection, issued on December 27, 1998, took effect on January
1, 1999.

19. The following decrees, regulations and implementation rules of Guangdong
Province, also provide the legal framework and policies at the provincial level for
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the preparation of this RP Framework and warrant its legality:

The implementation regulation of the Land Management GP,
issued on November 29, 1986, approved and took effect by
People's Congress of Guangdong Province; revised and
approved on 30 July 1991, revised and approved on 22
September 1997, latest revised and took effect on November 27;
The implementation rules of GP for the Law of Land Management
PRC, issued on November 27, 1999, approved by the People's
Congress of Guangdong Province; took effect on January 8,
2000;
The GP Decree 61, the implementation rules of principal farm
land protection, issued and took effect on July 26, 1996 by the
people's government of GP.

20 Articles in the law of Land Management PRC, and articles in the State Council
Decree 74 stipulate the principles, procedures, criteria and legal responsibilities of
land acquisition compensation and the immigrants resettlement. In the case of
international Agreement signed by the People's Republic of China which policy on
land acquisition, resettlement differ from PRC policy, the policy set forth in the
Agreement will be followed.

21 Therefore, in approving this Framework (before the negotiation of the project),
the PRC government grants the above-mentioned required waivers and
authorizes NSC, PMO, PLG and Local Authority (BC) to provide: (a)
compensation at replacement cost without deduction for depreciation and salvage
materials, for land, houses and other assets taken by the project; and (b) to
provide compensation and resettlement assistance in lieu of compensation all
DP's regardless of without title to the assets lost.

22. In submitting RP's to the World Bank for clearance, letters of Chairs of
PLG/Local Authority and NSC on agreements in implementing the policy set forth
in RP are required.

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SECTION 3 ENTITLEMENT POLICY

23. Article 10 in the Constitution states that the ownership of rural land belongs to
the Collective except for the state owned land, the house sites and self reserved
land/mountain as well. For the need of public benefits, the state may requisition
the land and provide compensation.

24. Article 10 in the Law of Agriculture states that the PRC implements the
contract system for rural land, to protect the stability of the contract relationship in
a long run; Article 71 in this Law, Article 2 in the Law of Land Management, and
the implementation regulations of GP stated the compensation stipulation as well.

25. Article 6 in the Law of Land Contract states that women and men have equal
rights in contracting the rural land. Article 20 further identifies that the contract
period for arable land is 30 years, 30 to 50 years for grass land, 30 to 70 years for
forestry land. Article 14 in the Law of Land Management, and implementation
rules of GP stated the same regulation as well.

26. Articles in the law of Land Management PRC, articles in the state Council
Decree 74, the implementation regulation of the Land Management GP, the
implementation rules of GP for the Law of Land Management, and the GP Decree
61, stipulated the compensation for land acquisition in details as follows.

27. DP's will be entitled to the following types of rehabilitation and assistance
measures:

(a) DP's losing agricultural land, non agricultural land, fish pond and
forestry land
(i)
The general mechanism for compensation of losing
agricultural land will be through the article 47 of the Law of
Land Management PRC, namely the lost land should be
compensated based on the original use, satisfactory to the
DP's.
(ii)
The compensation for losing paddy fields is 8 to 10 times of
the average annual production value of previous 3 years.
(iii)
The compensation of losing cultivated land other than paddy
fields is 6 to 8 times of the average annual production value
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of previous 3 years.
(iv)
The compensation of losing other agricultural used land, is 5
to 7 times of the average annual production value of previous
3 years.
(v)
The compensation of losing non-used arable lands, 50% of
the neighboring used land.
(vi)
The compensation of losing non-agricultural used land, the
same as the neighboring other cultivated land.
(vii)
The compensation of losing fish ponds, is 8 to 12 times of the
average annual production value of previous 3 years, refers
to the neighboring paddy field.
(viii) The compensation of losing timber forest and economic forest
is 5 to 10 times of the average annual production value.

(b) DP's losing young crops and gardening production
(i)
The compensation for losing emergency crops is the
production value of those crops.
(ii)
The compensation for losing perennial crops, the planting
period and growing period should be considered for the
compensation of production value.
(iii)
The compensation of losing gardening production, which has
been planted but not yet to harvest, is 2 to 4 times of the
average previous 3 years' annual production value of the
neighboring garden.

(c) DP's losing residential land and household/structure
(i)
The mechanism for compensating loss of residential land and
structures will be: (l) the provision of replacement residential
land (house site and garden of equivalent size, satisfactory to
the DP or cash compensation at replacement cost according
to DP's' choice; and (2) cash compensation reflecting full
replacement cost of the house/structures, without deduction
for depreciation or salvage materials or compensate in kind
according to DP's' choice.
(ii)
The compensation of losing residential land and structures
will be: (1) the regulations or standards enacted by the PRC;
or (2) the unified local standard value of the residential land
and structures, satisfactory to the DP.
(iii)
If residential land is only partially being affected by the project
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and the remaining areas are not sufficient for reorganizing
DP's house then at the request of the DP, the entire
residential land will be acquired at full replacement cost,
without depreciation.
(iv)
If house/other structure is only partially being affected by the
project and the remaining areas are not convenient to using,
the house/ structure will be acquired at full replacement cost,
without depreciation.

(d) DP's losing business.
(i)
The mechanism for compensating loss of business will be: (1)
the provision of alternative business site of equal size and
accessibility to customers, satisfactory to the DP's; (2) cash
compensation for lost business structure.
(ii)
The compensation of losing business due to the lost of
cultivated land, each DP who lost the business will be
subsided 4 to 6 times of the average previous 3 years annual
production value of the lost land, but no higher than 15 times.
(iii)
The compensation of losing business due to the lost of other
agricultural used land, each DP who lost the business will be
subsided 3 to 5 times of the average previous 3 years annual
production value of the lost. land
(iv)
If the sum of the compensation for losing land and subsidy for
losing business is still not qualified to keep the original living
standards, the subsidies can be increased after the approval
of the provincial government.
(v)
But the sum of compensation and subsidy should not be
higher than 30 times of the average previous 3 years annual
production value of the lost land.

(e) DP's will also be provided compensation at full replacement cost,
without deduction for depreciation and salvage materials for any other
fixed assets affected in part or in total by the project, such as tombs,
water wells and other adhesive substance, etc.

28. DP's who temporarily lose their lands will be entitled to the following types of
rehabilitation and assistance measures:

(i)
DP's who temporarily lose their lands by the project will be
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compensated for their loss of income and for the cost of soil
restoration and damaged infrastructure.
(ii)
The compensation of temporarily losing agricultural used land
should be accounted by the following equation:
Compensation = the average annual production value of
previous 3 years * temporary occupied time period
(iii)
The compensation of temporarily losing construction used
land should be accounted by the following equation:
Compensation = the annual rent rate of state owned land *
temporary occupied time period
(iv)
Land should be rehabilitated after the project implementation
by the unit or by the person who temporarily used the land
(v)
The period for temporarily using of the land normally should
be no longer than 2 years.

29. According to Article 48 of the Law of Land Management PRC, the
resettlement plan of land acquisition should be publicly noticed, and the leaders or
organizers should hear the opinions from the Rural Collective Economic
Organization (RCEO) and the farmers.

30. In cases where public infrastructure such as schools, factories, water sources,
roads, sewage systems is damaged, PMO and PLG under the local authority and
NSC should ensure that these would be restored or repaired as the case may be,
at no cost to the public.

Given the nature of project impacts, the losses affecting DP's have been classified
into 8 categories. The entitlement matrix is attached (see Annex 1)

SECTION 4 PEOPLE'S PARTICIPATION

31. DP's, local authorities and its relevant organizations, PMO and PLG will
participate throughout the various stages of the planning and implementation of
RP's. Prior to the preparation of RP's, the DP's will be fully informed of the
provisions of this Policy Framework at public meetings held by the PMO, PLG,
local authorities and NSC respectively.

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32. Each DP will be fully informed and consulted by the relevant Village Peoples'
Committee (VPC), Township authority and its relevant organizations, County
authority and its relevant organizations, PMO, and PLG of their entitlements and
rehabilitation choices under the respective RP.

SECTION 5 BASELINE INFORMATION

A.
Census and Inventory

33. The baseline information will include the following information for each
household:

(a)
Number of persons and names;
(b)
Number, type, and area of the houses lost;
(c)
Number and area of all the residential plots lost;
(d)
Number, category and area of agricultural land lost;
(e)
Number, category and area of non agricultural land lost;
(f)
Number, category and area of forestry land lost;
(g)
Number, category and area of fish ponds lost;
(h)
Quantity and types of young crops and gardening production lost;
(i)
Business lost including structures, land and other fixed assets;
(j)
Productive assets lost as a percentage of total productive assets;
(k)
Quantity and category of other fixed assets affected by the project.

34. The baseline information for temporarily loss will include the followings for
each household:

(a) Number of persons and names;
(b) Number, category and area of agricultural land lost;
(c) Number, category and area of non agricultural land lost;
(d) Number, category and area of forestry land lost;
(e) Number, category and area of fish ponds lost;
(f) Quantity and types of young crops and gardening production lost;
(g) Business lost including structures, land and other fixed assets;
(h) Productive assets lost;
(i) Quantity and category of other fixed assets and
(j) Temporary damage to productive assets
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The inventory form is attached (see Annex 2)

35. The entitlements of assets and land affected are calculated based on the
above information in an "Entitlement Form" (see Annex 3).

B. Resettlement
Plan

35. The baseline information for a RP will include: a) an Census and Inventory
(see above); and b) a detailed socioeconomic survey of all DP's describing their
age, gender, ethnicity, education, occupation, sources of income, and total
household income. The form for the socio-economic survey is attached (see
Annex 4)

SECTION 6 IMPLEMENTATION ARRANGEMENTS

A. Implementation
Schedule

37. A detailed implementation schedule of the various activities to be undertaken
will be included in each RP. The RP implementation schedule must be developed
based on the linkage to the civil work implementation schedule.

38. Payment of compensation and subsidies to the DP's, and furnishing of other
restoration/assistance entitlements (in cash or non-cash kind), and relocation if
that is the case, will be completed prior awarding contracts for civil works.

39. Article 32 in the implementation rules of GP for the Law of Land Management,
states clearly about the implementation arrangement for the land acquisition, after
the approval of the land acquisition through legal procedures:

(i)
Release the announcement for land acquisition openly, and
states the exact deadline, scopes and categories for
compensation or subsidy.
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(ii)
Register the compensation/subsidy categories and scopes,
including the land, house site/structure, adhesive substance
of the land/residence, business, etc., as Section V listed.
(iii)
Prepare the resettlement plan for compensation
· The local land administrative agency should double
check the registered forms and the spots;
· The voices and opinions should be heard, both the
relevant RCEO and the farmers;
· Then the compensation scenarios are prepared,
including all the compensation categories and criteria listed
in Section III;
· The land acquisition compensation and resettlement
plan should be announced and public notified.
(iv)
Confirm the land acquisition compensation and resettlement
plan, and submit the documents to the Local People's
Government (LPG, it is the same as the local authority in this
policy framework) for approval. Any disputes should be
coordinated and mediated by the higher level of LPG.
(v) Implement the land acquisition compensation and
resettlement plan. The compensation and subsidies should
be paid to the RCEO or farmers within 3 months after the
approval, otherwise the land owners have the right to reject
handing over the lands.

B. Institutional
Arrangement

40. PMO, PLG and LPG (i.e., the local authority) will arrange adequate and
experienced staff to make sure that RP will be implemented smoothly as
approved schedules.

C. Complaints
and
Grievances

41. Complaints and grievances related to any aspect of RP implementation,
including the determined area and price of the lost assets, will be handled as
follows:

(a) If any person is aggrieved by any aspect of the resettlement and
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rehabilitation program, he/she can lodge an oral or written grievance
with LPG. LPG will resolve the issue within seven to fifteen days from
the date it receive the complaint, respect to the distance and to the
extent of difficulty.
(b) If any aggrieved person is not satisfied with the decision in stage 1,
he/she can bring the complaint to the higher level of LPG within one
month from the date of the receipt of the decision in stage 1. The higher
level of LPG will reach a decision on the complaint within 30 days.
(c) If the DP is still not satisfied with the decision at the higher level of
LPG, he/she can appeal to the Government who is entitled to approve
the land acquisition within 15 days of receiving the decision of the
higher level of LPG. The judgment will reach a decision on the
complaint within 30 days.
(d) If the DP is not satisfied with the decision of the Government who is
entitled to approve the land acquisition, the legal procedure by the
Court will be taken. The legal procedure will follow the Code of Civil
Law PRC.

D.
Supervision, Monitoring and Evaluation

42. Implementation of RP's will be regularly supervised and monitored by the
respective PMO in coordination with the PLG and LPG. The findings will be
recorded in quarterly reports to be furnished to higher level of LPG and NSC.

43. Internal monitoring and supervision will:

(a) Verify that the baseline information of all DP's has been carried out and
that the valuation of assets lost or damaged, and the provision of
compensation, resettlement and other rehabilitation entitlements has
been carried out in accordance with the provisions of this Policy
Framework and the respective RP.
(b) Oversee that the RP's are implemented as designed and approved.
(c) Verify that funds for implementing the RP's are provided to the PMO at
local level (township/county) in a timely manner and in amounts
sufficient for their purposes, and that such funds are used by the PMO
in accordance with the provisions of RP.
(d) Record all grievances and their resolution and ensure that complaints
17

---

are dealt with in a timely manner.

44. Independent Monitoring: An independent agency or agencies or individual
consultant will be retained by PMO to periodically carry out external monitoring
and evaluation of the implementation of RP's. The independent agencies will be
academic or research institutions, Non-Governmental Organizations (NGO) or
independent consulting firms, all with qualified and experienced staff and terms of
reference acceptable to the World Bank.

45. In addition to verifying the information furnished in the internal supervision and
monitoring reports of the PMO, the external monitoring agency will visit a sample
of 20% of household DP's in project area six months after each RP
implementation to:

(a) Determine whether the procedures for DP's participation and delivery of
compensation and other rehabilitation entitlements have been done in
accordance with this Policy Framework and RP.
(b) Assess if the Policy Framework objective of enhancement or at least
restoration of living standards and income levels of DP's have been
met.
(c) Gather qualitative indications of the social and economic impact of
project implementation on the DP's.
(d) Suggest modification on the implementation procedures of RP's, as the
case may be, to achieve the principles and objectives of this Policy
Framework.

SECTION 7 COSTS AND BUDGET

46. Each RP will include detailed cost of compensation and other
restoration/assistance entitlements and relocation of DP's, if that is the case, with
a breakdown by agricultural land, non-agricultural used land, forestry land,
residential land, business land, houses, businesses and other assets. The cost
estimates will make adequate provision for contingencies.

47. Sources of funding for the various RP activities will be clearly specified in the
18

---

cost tables. For the Livestock Waste Management in East Asia project, funds for
implementing RP's will be from counterpart funds based on budgetary
requirements established by PLG and LPG in consultation with the DP's.
19

---

Annexes:
Annex 1
Entitlement Matrix
No
Type of loss
Application
Definition of
Compensation Policy
Implementation Issues
entitled DP's
1
Temporary
All
DP's
DP's
- Cash compensation for affected
- PMO, PLG and local authorities determine and
acquisition
of
have
crops,
with/without
crops, trees, fish ponds, and other
ensure that compensation for crops, trees, fish
agricultural
used
trees,
fish
land
agricultural productions, based on the
ponds, and other agricultural used land according to
land
ponds, other
certificate
time of temporarily acquired land.
the compensation policy.
agricultural
included
in
- Compensation = the average annual
- Full compensation at least 03 month before land
used land
the inventory
production value of previous 3 years *
clearance.
or
able
to
temporary occupied time period
- The payments to DP's will be delivered by PMO and
prove
land
-No compensation for land
local authority staffs.
occupancy
prior to cut-
- Rehabilitate land after the project
- Finance available for compensation and well
off date.
construction.
information disclose/disseminate to DP's and key
- The period for temporarily using of
stakeholders.
the land normally should be no longer
- Land should be rehabilitated after the project
than 2 years.
implementation by the unit or by the person who
temporarily used the land.
2
Temporary
All
DP's
DP's
- Cash compensation for affected
- PMO, PLG and local authorities determine and
acquisition
of
have
with/without
construction used land, based on the
ensure that compensation for construction used land
construction
used
construction
land
time of temporarily acquired land.
according to the compensation policy.
land
used
land,
certificate
- Compensation = the annual rent rate
- Full compensation at least 03 month before land
normally the
included
in
of state owned land * temporary
clearance.
village or the
the inventory
occupied time period
- The payments to DP's will be delivered by PMO and
township
in
or
able
to
- No compensation for land
local authority staffs.
GP
prove
land
occupancy
- Rehabilitate land after the project
- Land should be rehabilitated after the project
prior to cut-
construction.
implementation by the unit or by the person who
off date.
- The period for temporarily using of
temporarily used the land.
h l
d
ll
h
ld b
l
20

---

No
Type of loss
Application
Definition of
Compensation Policy
Implementation Issues
entitled DP's
the land normally should be no longer
- Finance available for compensation and well
than 2 years.
information disclose/disseminate to DP's and key
stakeholders.
3
Acquisition of paddy
All
DP's
DP's
- The compensation of losing paddy
- Consultation for DP's opinions on paddy fields land,
fields
land,
have
paddy
with/without
fields land, cultivated land, and other
cultivated land, and other agricultural used land
cultivated land, and
fields
land,
land
agricultural used land will be through
compensation.
other
agricultural
cultivated
certificate
the article 47 of the Law of Land
- PMO, PLG and local authorities determine and
used land
land,
and
included
in
Management PRC, namely the lost
ensure that compensation for paddy fields land,
other
the inventory
land should be compensated based
cultivated land, and other agricultural used land
agricultural
or
able
to
on the original use, satisfactory to the
according to the compensation policy.
used land
prove
land
DP's
- Full compensation at least 06 months before land
occupancy
- Cash compensation for affected
clearance.
prior to cut-
paddy fields land, cultivated land, and
off date.
- The payments to DP's will be delivered by PMO and
other agricultural used land, based on
local authority staffs.
the referenced production value of the
acquired land.
-
Replacement
land,
and
resettlement
sites
development.
- The compensation for losing paddy
fields is 8 to 10 times of the average
- DP's will be granted with Land Use Right Certificate
annual production value of previous 3
without payment of administrative fees.
years.
- DP's receiving compensation will demolish the
-
The
compensation
of
losing
impacted areas and reconstruct/or improve their land
cultivated land other than paddy fields
themselves.
is 6 to 8 times of the average annual
- Finance available for compensation and well
production value of previous 3 years.
information disclose/disseminate to DP's and key
- The compensation of losing other
stakeholders.
agricultural used land, is 5 to 7 times
of the average annual production
value of previous 3 years.
- Rehabilitation assistance.
21

---

No
Type of loss
Application
Definition of
Compensation Policy
Implementation Issues
entitled DP's
4
Acquisition of non-
All
DP's
DP's
- The compensation of losing non-
- Consultation for DP's opinions on non-used arable
used arable lands
have
non-
with/without
used arable lands or non-agricultural
lands or non-agricultural used land compensation.
and non-agricultural
used arable
land
used land will be through the article
- PMO, PLG and local authorities determine and
used land
lands or non-
certificate
47 of the Law of Land Management
ensure that compensation for non-used arable lands
agricultural
included
in
PRC, namely the lost land should be
or non-agricultural used land according to the
used land
the inventory
compensated based on the original
compensation policy.
or
able
to
use, satisfactory to the DP's
- Full compensation at least 03 months before land
prove
land
- Cash compensation for affected
clearance.
occupancy
non-used
arable
lands
or
non-
prior to cut-
- The payments to DP's will be delivered by PMO and
agricultural used land, based on the
off date.
local authority staffs.
referenced
neighboring
production
value of the acquired land.
-
Replacement
land,
and
resettlement
sites
development.
- The compensation for losing non-
used
arable
lands,
50%
of
the
- DP's will be granted with Land Use Right Certificate
neighboring used land.
without payment of administrative fees.
- The compensation for losing non-
- DP's receiving compensation will demolish the
agricultural used land, the same as
impacted areas and reconstruct/or improve their land
the neighboring other cultivated land.
themselves.
- Rehabilitation assistance.
- Finance available for compensation and well
information disclose/disseminate to DP's and key
stakeholders.
5
Acquisition of fish
All
DP's
DP's
- The compensation for losing fish
- Consultation for DP's opinions on fish ponds and
ponds and forestry
have
fish
with/without
ponds or forestry land will be through
forestry land compensation.
land
ponds
or
land
the article 47 of the Law of Land
- PMO, PLG and local authorities determine and
forestry land
certificate
Management PRC, namely the lost
ensure that compensation for fish ponds or forestry
included
in
land should be compensated based
land according to the compensation policy.
the inventory
on the original use, satisfactory to the
- Full compensation at least 06 months before land
or
able
to
DP's
clearance.
prove
land
- Cash compensation for affected fish
occupancy
- The payments to DP's will be delivered by PMO and
ponds or forestry land, based on the
prior to cut-
local authority staffs.
referenced production value of the
off date.
acquired land
-
Replacement
land,
and
resettlement
sites
22

---

No
Type of loss
Application
Definition of
Compensation Policy
Implementation Issues
entitled DP's
off date.
acquired land.
development.
- The compensation for losing fish
- DP's receiving compensation will demolish the
ponds, is 8 to 12 times of the average
impacted areas and reconstruct/or improve their land
annual production value of previous 3
themselves.
years, refers to the neighboring paddy
- DP's will be granted with Land Use Right Certificate
field.
without payment of administrative fees.
- The compensation for losing timber
- Finance available for compensation and well
forest and economic forest is 5 to 10
information disclose/disseminate to DP's and key
times
of
the
average
annual
stakeholders.
production value.
- Rehabilitation assistance.
6
Acquisition of young
All
DP's
DP's
- The compensation for losing young
- Consultation for DP's opinions on young crops and
crops
and
have
young
with/without
crops
or
gardening
land
will
be
gardening land compensation.
gardening land
crops
or
land
through the article 47 of the Law of
- PMO, PLG and local authorities determine and
gardening
certificate
Land Management PRC, namely the
ensure that compensation for young crops and
land
included
in
lost land should be compensated
gardening land according to the compensation policy.
the inventory
based on the original use, satisfactory
- Full compensation at least 06 months before land
or
able
to
to the DP's
clearance.
prove
land
- Cash compensation for affected
occupancy
- The payments to DP's will be delivered by PMO and
young crops or gardening land, based
prior to cut-
local authority staffs.
on the referenced production value of
off date.
the
acquired
young
crops
or
-
Replacement
land,
and
resettlement
sites
gardening production.
development.
-
The
compensation
for
losing
- DP's receiving compensation will demolish the
emergency crops is the production
impacted areas and reconstruct/or improve their land
value of those crops.
themselves.
- The compensation for losing losing
- DP's will be granted with Land Use Right Certificate
perennial crops, the planting period
without payment of administrative fees.
and
growing
period
should
be
- Finance available for compensation and well
considered for the compensation of
information disclose/disseminate to DP's and key
production value.
stakeholders.
23

---

No
Type of loss
Application
Definition of
Compensation Policy
Implementation Issues
entitled DP's
-
The
compensation
for
losing
gardening production, which has been
planted but not yet to harvest, is 2 to 4
times of the average previous 3 years'
annual
production
value
of
the
neighboring garden.
- Rehabilitation assistance.
7
Acquisition
of
All
DP's
DP's
-
The
compensation
for
losing
- Consultation for DP's opinions on residential land
residential land and
have
with/without
residential land and structures will be
and household/structure compensation.
household/structure
residential
land
the
provision
of
replacement
- PMO, PLG and local authorities determine and
land
or
certificate
residential
land
(house
site
and
ensure that compensation for residential land and
household/st
and
garden of equivalent size, satisfactory
household/structure according to the compensation
ructure,
properties
to the DP or cash compensation at
policy.
which
is
associated
replacement cost according to DP's'
- Full compensation for impacted residential land and
occupied by
with
land
choice.
household/structure to DP's at least 08 months
common
included
in
- Cash compensation reflecting full
before land clearance.
waste
the inventory
replacement
cost
of
the
treatment
or
able
to
- The payments to DP's will be delivered by PMO and
house/structures, without deduction
systems.
prove
land
local authority staffs.
for depreciation or salvage materials
occupancy
or compensate in kind according to
-
Replacement
land,
and
resettlement
sites
and property
DP's' choice.
development.
rights prior to
-
Cash
compensation
for
losing
- DP's receiving compensation will demolish the
cut-off date.
residential land and structures will be:
impacted areas and reconstruct/or improve their land
(1)
the
regulations
or
standards
themselves.
enacted by the PRC; or (2) the unified
-
Finance/
land
available
for
compensation/
local standard value of the residential
rehabilitation
and
well
information
disclose/
land and structures, satisfactory to the
disseminate.
DP.
- DP's will be granted with Land Use Right Certificate
- If residential land is only partially
without payment of administrative fees.
being affected by the project and the
remaining areas are not sufficient for
reorganizing DP's house then at the
24

---

No
Type of loss
Application
Definition of
Compensation Policy
Implementation Issues
entitled DP's
request
of
the
DP,
the
entire
residential land will be acquired at full
replacement
cost,
without
depreciation.
- If house/other structure is only
partially being affected by the project
and the remaining areas are not
convenient
to
using,
the
house/
structure will be
acquired
at full
replacement
cost,
without
depreciation.
- Rehabilitation assistance.
8
DP is impacted on
All DP's who
DP's
The compensation for losing business
-
Consultation
for
DP's
opinions
on
business
business
are impacted
with/without
will be: (1) the provision of alternative
compensation.
on business
business
business
site
of
equal
size
and
- PMO, PLG and local authorities determine and
certificate
accessibility to customers, satisfactory
ensure that compensation for business according to
and
to the DP's; (2) cash compensation
the compensation policy.
properties
for lost business structure.
- Full compensation for impacted business to DP's at
associated
-
The
compensation
for
losing
least 06 months before business clearance.
with
business due to the lost of cultivated
business
- The payments to DP's will be delivered by PMO and
land, each DP who lost the business
included
in
local authority staffs.
will be subsided 4 to 6 times of the
the inventory
average previous 3 years annual
-
Replacement
land,
and
resettlement
sites
or
able
to
production value of the lost land, but
development.
prove
no higher than 15 times.
- DP's receiving compensation will demolish the
business
-
The
compensation
of
losing
impacted areas and reconstruct/or improve their land
occupancy
business due to the lost of other
themselves.
or
property
agricultural used land, each DP who
-
Finance/
land
available
for
compensation/
rights prior to
lost the business will be subsided 3 to
rehabilitation
and
well
information
disclose/
cut-off date.
5 times of the average previous 3
disseminate.
years annual production value of the
- DP's will be granted with Land Use Right Certificate
l
l
d
25

---

No
Type of loss
Application
Definition of
Compensation Policy
Implementation Issues
entitled DP's
lost land.
without payment of administrative fees.
- If the sum of the compensation for
losing land and subsidy for losing
business is still not qualified to keep
the
original
living
standards,
the
subsidies can be increased after the
approval of the provincial government.
- But the sum of compensation and
subsidy should not be higher than 30
times of the average previous 3 years
annual production value of the lost
land.
- Rehabilitation assistance.
26

---

Annex 2
Inventory of Displaced People
Prefecture : _______________
County: _________________
Township: ________________
Vil age: ________________
Survey
Name of
No. of
Total
Land to be Loss as
Loss of Non-Agricultural Production
Loss of Agricultural Production
Temporary Losses
No.
Household
persons
landholding
acquired in
% of
Non-used arable
Non-agricultural used land in
Young crops Gardening Paddy Cultivated Fish ponds Forestry land
Other
Agricultural
Construction
Head
in HH
of HH in m2
m2 by Type
total
lands in m2 (types
m2 (types and area specified)
(types and
land (types field
land
(type and (Fruit trees lost
agricultural
used land
used land
and area specified)
area specified) and area
(m2)
(m2)
area
Type and
production used
(types and
(types and
specified)
specified)
Number
land (type and
area
area
specified
area specified)
specified)
specified)
27

---

Annex 2
Inventory of Displaced People (Cont.)
Prefecture : _______________
County: _________________
Township: ________________
Vil age: ________________
Survey
Name of
No. of
Total
Land to be Loss as
Loss of Assets
Loss of Business
Loss of Other assets
Other Losses
No.
Household
persons
landholding
acquired
% of
Area of residential
Number and type of
Types and area of Types, numbers and Types, numbers and
Numbers, types and
Residence
Income
Head
in m2) by
in HH
of HH in m2)
land lost
lost structures
business land
categories of
categories of other categories specified (Eg.
(rented)
Loss
Type
total
(m2)
business structure
fixed assets of the
tombs, wel , etc.
business
28

---

Annex 3
Entitlements of DP's
Prefecture : _______________
County: _________________
Township: ________________
Vil age: ________________
Compensation for Non-Agricultural Used Land
Compensation for Agricultural Used Land
Compensation for Temporary Losses
Survey
Name
Quantity Sq. Meters
Unit Price Sq. Meters
Entitlement in
Quantity Sq. Meters
Unit Price Sq. Meters
Entitlement in
Quantity Sq. Meters
Unit Price Sq. Meters
Entitlement in
Sub Total
No.
of HH
Yuan
Yuan
Yuan
1 in Yuan
Head
29

---

Annex 3
Entitlements of DP's (Cont.)
Prefecture : _______________
County: _________________
Township: ________________
Vil age: ________________
Sub
Compensation for Loss of
Compensation for Loss of Other
Total in Yuan
Survey Name
Compensation for Loss of Assets
Compensation for Other Losses
total 2 in
Business
Assets (wel s, Tombs, etc.)
(sub total 1+ sub total 2)
No.
of HH
Yuan
Head
Quantity Unit
Entitlement Quantity Unit
Entitlement Quantity Unit
Entitlement Quantity Unit
Entitlement
Unit
Price in
in Yuan
Unit
Price in
in Yuan
Unit
Price in
in Yuan
Unit
Price in
in Yuan
Yuan
Yuan
Yuan
Yuan
30

---

Annex 4
Socio-Economic Household Data Sheet of Project Affected People
Prefecture : _______________
County: _________________
Township: ________________
Vil age: ________________
Occupation and
Estimated Total
Survey
Address of
Name of Household
Ethnic
Gender
Age
Education
Sources of
Employment
Household Income per
No.
Household
Member
Group
Income
Year (Yuan)
31

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Basic statistics on lease and administrative allocation of the use right of state-owned land
item
1995
2000
2001
2002
Lease of use right of state-owned land
( )
Number of blocks
9701
8305
9340
8193
(
)
Area of totally leased
8527
5542
7223
8201
land
Total revenue from leasing of the use right
(
)
Total revenue from
489501
1125286
1629440
1201546
leasing of the use right
#
Expropriation fee
59731
95900
99105
106476
#
Development fee
103379
592421
822662
481786
#
Net revenue
264210
436023
703515
602455
#
Other revenue
62181
942
4158
10829
Administrative al ocation of the use right of state-owned land
( )
Number of blocks
6476
982
2943
1947
(
)
Area of allocation
6090
1315
1446
4022
32

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33

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