Resettlement Plan

Project Number: 39321-013 30 December 2014

PRC: Shaanxi Qinling Biodiversity Conservation and Demonstration Project

Prepared by: Mt. Qinling National Botanical Garden

This resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.

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Shaanxi Qinling Biodiversity Conservation

and Demonstration Project

Mt. Qinling National Botanical Garden sub-component

Land Acquisition, Relocation and Resettlement Plan

(Revision of December, 2014)

Prepared by

Mt. Qinling National Botanical Garden

December 30, 2014

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Content

 

1. Project introduction ................................................................................... 3 

2. Affect of LA&R .......................................................................................... 6 

3. Socioeconomic Survey ............................................................................. 8 

4. Policies For Iand acquisition and resettlement and reIevantLaws ........... 10

5. Land acquisition, housing demolition and resettlement policy ................. 16

6. Income Restoration and Resettlement Measures .................................... 29 

7. Organizations and Responsibilities ......................................................... 34 

8. Public Participation ..................................... Error! Bookmark not defined. 

9. Budget ........................................................ Error! Bookmark not defined. 

10. Monitoring and Evaluation ...................................................................... 45 

Appendix : Notice by Xi’an Municipal People’s Government on Relocated People’s

Resettlement and Compensation Standard of QNBG Phase I and Other ProblemsError! Bookmark not de

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Mt. Qinling National Botanical Garden sub-component

Plant Ex-situ Conservation Project

Land Acquisition, Relocation and Resettlement Plan

(Revision of December, 2014)

“Mt. Qinling National Botanical Garden”, co-constructed by Shaanxi Provincial

People’s Government, National Forest Bureau, Chinese Academy of Science and Xi’an

Municipal People’s Government, is listed as a modal project by the State Council under

the loans from Asia Development Bank (ADB) for study, protection and utilization of the

biological diversity of Mt. Qinling district, one of the ten biggest ecological function zones.

Our country has the most abundant creature variety in the world, but she is also the

country who suffers great threat to the diversity of ecosystems. Since the reform and open

policy, our country government insists keeping sustainable development as national

strategy, and takes environment construction as a basic national policy. Especially, the

Fourth Session of the 16th CPC National Convention put forward “the human being is the

first”, and the comprehensive, integrated and sustainable model of social and economic

development, our country has made great progress in environment protection and

research and use of diversity of ecosystems. But because of the historical reason, climate

change, high human density, and backward production style, our country faces many

problems of environment and ecosystem variety protection. Especially in Mt. Qinling area,

the ecosystem environment is influenced seriously. The forest coverage rate is low, the

living creature has less and less habitat, the soil erosion is serious, the land is increasingly

poor and unproductive, and the living level of local people is very low. Therefore, to

implement the project of Mt. Qinling National Botanical Garden, which mainly concerns

ecologically appropriate poverty relief, reforestation, improve ecological environment and

protection of living creature diversity, not only meet the international trend of environment

protection, the CPC Central Committee’s demand of “scientific development and

concordant society”, the strategy of “environment first in the development of Western

China”, but also is of positive significance to improve the environment in the project area,

to raise living standards of local residents, and make a good environment for our next

generations. The implementation of the project is the need of social economy, and also

the need of social development

Because of the construction of the project involved the land acquisition, housing

demolition and relocation, during the preparation stage of the projects, the implementing

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agency, Mt. Qinling Botanical Garden prepared resettlement plan (RP) which was

approved by ADB in 2008. The RP should be updated based on the detailed design and

DMS of project. However, the project experienced start-up delays so land acquisition and

resettlement activities only began in June 2013. The following is the updated RP

according to the census survey by August 31, 2014.

1. Project introduction

1.1 Background

1.1.1 Brief introduction of the project

As an important part of the general plan of “Mt. Qinling National Botanical Garden”,

the Project of ex-situ conservation area aims at: Scientific study on biological diversity,

popularization of scientific knowledge concerning biological diversity, protection of

biological diversity and ecotourism based on biological diversity. The basic constructions

are composed of ex-situ conservation of plants, commercial development and poverty

relief and biological tourism.

Located at in Zhouzhi County of Xi’an, Shaanxi Province, the planned land for the

Project is up to 3963.4mu. The affected area is 50 km from Xi’an City in the east, 40 km

from Xianyang City in the north, 100 km from Baoji City in the west, is located at Dianzhen

Village. Its north boundary is Highway S107, south to north hillside of Mt. Qinling, locating

between Tianyu River and Chiyu River. The length is 2.63 km from east to west, and the

width is 1.85 km from south to north. The total investment is estimated about

CNY397.1069 million. The Project includes 18 special gardens, resource museums for

popularizing science, and paleontology museums, like gymnosperm area, angiosperm

area, area for special plants within Qinba Mountains, medical plant area and rock plant

area, etc. The Project will build or rebuild more than ten ancient buildings, cableway, and

roads, irritating system, service building and other facilities. Of the total 7000 mu area, the

land to be acquired totals up to 218.4 mu. 1582 villagers from 338 households at

Dianzhen Village and Jinfeng Village, Jixian Town of Zhouzhi County are affected by the

land acquisition, housing demolition and resettlement. And as for the remaining land, the

right of use is to be obtained by means of leasing of land, which also affects 3780 villagers

from 948 households at 11 villager groups in Dianzhen Village and 2 villager groups from

Jinfeng Village. The leasing land totals up to 3745.87 mu.

The reasons why QNBG selects the current site are: (1) specific climate and

geographic conditions: the project area locates in the north foot of Qinling Mountain in

Zhouzhi Country, China. The climate here is warm semi-wet continental monsoon climate,

and the average temperature is 13.2 oC. The climate is suitable for the all kinds of plants.

The project area is 3963.4 mu, the south part of which is mountainous area, the middle

part of which is hilly and slope land, and the north part of which is plain. The three kinds of

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area occupies one third of the total area respectively. The different kinds of geographic

conditions are suitable for different plants, which is in accordance with the purpose of

QNBG. (2) The socioeconomic level in the project area is low. In the project area, because

of the historic reasons and extensive style of production, the biological environment was

damaged. The coverage of forest declined, the diversity of creatures and the living area

for animals decrease, soil erosion was serious, and the income of local people was low. At

the end of 2006, the net income per capita in the project area is lower than US$200, which

is as 68% as the income in Shaanxi Province and as 43.2% of the average in China.

During the implementation of QNBG project, we will consider the situation and encourage

the local people to participate in the project. And we will protect the rights and interests of

the local people. So, the implementation of the project takes an active role in improving

the living condition of local people. After all, the site selection of QNBG is suitable for the

natural demands of the construction and the social demands for economic development.

1.1.2 Project investment and implementation process

The total investment in the Project is estimated up to CNY402.7564 million, including

a base cost of CNY365.6952 million. Among this, the construction cost is CNY284.3097

million, other cost in construction CNY56.6066 million, preparation fee CNY 24.7789

million, loan interest during construction CNY33.3746 million, other cost in loan

CNY2.7055 million, and floating capital CNY0.9825 million. The Project is planned to last

for five years.

1.1.3 Executing and implementing agencies

The executing agencies of the Project are Forestry Department of Shaanxi Province.

The implementing agency is Mt. Qinling Botanical Garden of Shaanxi.

1.2. Affected areas of the project

The affected area, 50 km from Xi’an city, is located at Dianzhen Village and Jinfeng Village,

Zhouzhi County of Xi’an, Shaanxi Province, and totals up to 7000 mu. Its north boundary

is Highway S107, south to north hillside of Mt. Qinling, locating between the Tianyu River

and the Chiyu River. The length is 2.63 km from east to west, and the width is 1.85 km

from south to north, totaling 3963.4 of planned area.see Figure 1

Figure 1

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Table 1 Affected area

county Town Village Villager group

Zhouzhicounty,

Xian city Jixian

Dianzhen All 11 groups of the village

Jinfeng Group 1 and Group 3

Total 1 2 Group 13

1.3. Change of the project

The changing construction includes the road base earthwork, technical design, traffic

safety facilities, etc. The change in LA&R was mainly at Dianzhen Village. In the original

plan, only Dianzhen Village was affected by LA&R. However, when the village boundary

was confirmed, some land which was thought to be owned by Dianzhen Village was

actually owed by Jinfeng Village. The amount of land acquisition and the affected

households decreased a little. The acquired land decreased from original 293.63 mu to

218.4 mu, and the affected households and persons also reduced from 504 persons of

115 households to 414 persons of 100 households. The housing demolition increased

more, from 19,320m2 to 32,550 m2, but the number affected households has reduced from

617 persons of 143 households to 515 persons of 122 households. The reason why the

housing demolition increased more was the data in original RP was an estimated number

based the housing affected directly, according to the feasibility report. After the LA&R of

the project began, some additional houses near the construction sites were affected by

vibrations caused by construction, and other impacts. Therefore, the number of relocated

households increased (see Table 2).

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Table 2 Data of LA&R

village Acquired land

Person/households affected by LA

Housing demolition（m2）

Persons/HHs affected by housing demolition

Persons/HHs affected by LA&R

plan change plan change plan change plan change Dianzhen 293.63 130.4 504/115 244/59 19320 32550 617/143 515/122 Jinfeng 0 88 0 170/41 0 0 0 0

total 293.63 218.4 504/115 414/100 19320 32500 617/143 515/122

2. LA&R Impacts

The project is a model project for research, protection and utilization of the biological

diversity. The layout characteristics is dot distribution, so the project land is occupied in

large area. The impact of LA&R is significant, and the number and amount of LA&R are

large. In March, 2010, the project implementing organ began to check and record the

number and types of the project affect. The details are in Table 2---Table 6.

2.1. Kinds of impacts

(1) land：All the acquired land of the project is farmland.

(2) housing：Five kinds of the demolished housing of the project:

Brick and concrete, brick and wood, brick, earth and wood, earth and

wood, and simple.

(3) housing attachments: enclosure, water closet, tomb, arch, sty, and so on.

(4) ground attachments:

Fruit trees, useful woods, garden, nursery, compensated at the unit of mu.

(5) 5 kinds of special facilities: Infrastructure, irrigating facilities, power facilities,

telecommunication facilities, communication facilities.

2. 2 Impact number and amount（see Table 3---Table 5）

（1）Building

The project needs to demolish 32550 m2 buildings, among which, brick and concrete

building is 1338 m2, brick and wood building 7008 m2, brick, mud and wood building

14416 m2, mud and wood building 9830 m2.

（2）Land

The Project will utilize 3963.4 mu land, of which 218.4 mu farmland will be

expropriated During the construction of the project, 6 mu beach land will be occupied as

temporarily used land for 2 years. And as for the remaining land of 3745 mu, the right of

use is to be obtained by means of leasing of land.

（3）Housing attachments：

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85 heatable adobe sheds, 58 heatable concrete sheds, 40 earth stoves, 106 brick

stoves, 672m earth enclosure, 448m brick enclosure, 580 m2 arch (earth and wood, brick

and wood, brick and concrete), 7000 m2 concrete ground, and 19319.97 m2 all kinds of

roof (seats, wood, three plywood, fiber board）and 19 tombs.

（4）Ground attachments: fruit trees, ornamental trees, timber trees, and nursery.

Because the number and amount are large, so the compensation fee is paid according to

the area, a total of 130 mu.

（5）Special-purpose facilities

Affected special-purpose facilities are: two wells, 25.28km channel, 90 electricity poles,

5.4km electricity wire, two transformers, 95 telecommunication poles, 7km

telecommunication wire and 4.5km cable line, 20km street, 300 lights.

（6）Temporarily occupied land:

Because of the construction, 6 mu of beach land will be temporarily occupied for

two years.

（7）Total number of affected persons

According to the survey, during the project implementation, 100 households and 414

persons will be affected by land acquisition, and 122 households and 515 persons will be

affected by housing demolishment, among which there is five persons of one poor family.

The leasing of land will affect 11 groups, 948 households and 3780 persons in Dianzhen

Village and 2 villager groups from Jinfeng Village, among which 25 households and 84

villagers are poor families.

Table 3 Data of acquired land (2014. 6)

Table 4 Data of demolishing building (2014. 6)

type village

Compensated demolishing housing area（㎡）

total Brick &

concrete Brick & wood

Brick, earth & wood

Earth & wood

Dianzhen 32550 1338 7008 14416 9830

Jinfeng 0 0 0 0 0 Total 32550 1338 7008 14416 9830

Table 5 Data of special-purpose facilities (2014. 6)

type village

Acquired land（mu）

total farmland others Dianzhen 130.4 130.4 0 Jinfeng 88 88 0 Total 218.4 218.4 0

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3. Socioeconomic Survey

3.1 Socioeconomic background of the Project area

3.1.1 Socioeconomic background of Zhouzhi County

The Project area, located in Zhouzhi County of Xi’an City, is in the middle of 800 Li

(400 Km long) Guanzhong Plain. It connects Mt. Qinling in the south and the Weihe River

in the south. There are many mountains and rivers in the project area. It has a long

history, excellent natural condition and beautiful scenery, so it is famous for “Golden

Zhouzhi”. The climate is the continental monsoon climate. The annual average

temperature is 13.2 oC in the plain. Four pillar industries, kiwi, tourism, water, and

mineral, have been preliminarily founded, and five operating bases for fruit, chicken, pig,

cattle and embroidery have been built. With a total area of 2,974 km2, in 2013 the county

has farmland more than 900,000 mu, a population of 630,000 living in nine towns, 13

townships and 379 administrative villages, and it is one of the well-known large counties in

Guanzhong Plain.

By the end of 2013, with a total area of 2,974 km2, the county has farmland more than

704,300 mu, a population of 572,400 living in nine towns, 13 townships and 379

administrative villages.

The total output value reached CNY9.328 billion, fixed assets investment CNY11.8

billion and social consumer goods sales CNY3.144 billion. The total output value is 75.5%

more than that of 2010, the year before the implementation of the project.

By the end of 2013, the average net income per capita in the rural area was

CNY9,125, which is an increase of 74.2% compared to CNY 5,238 in 2010, the year

before the implementation of the project.

3.1.2. Investigation data of affected villages

（1）Socioeconomic investigation

There are 2 villages (Dianzhen and Jinfeng) in one town (Jixian) in the project area.

The population is 7008 in 1680 households, among which, 3828 persons of 924

households live at Dianzhen Village, while 3180 persons of 756 households live at Jinfeng

Village. 3556 persons are male and 3462 are female, and the rate is 1: 0.971. The

population per household is 4.17. There are 973 children, 1410 persons older than 60,

type village

Channel （m）

Telecommunication wire (m)

lighting Power pole

Trans former

Telecommu nication pole

well Optical wire (thousand meter）

road（thousand meter）

14156 6944 168 51 1 53 2 2，5 13.7

Dianzhen 11124 5456 132 39 1 42 0 2 10 Jinfeng 25280 12400 300 90 2 95 2 4．5 23.7

Total

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and 4625 adults. The portion in the total population is 13.9%, 20.1%, and 66%

respectively.

According to the sample investigation data, by the end of 2013, about 21.9% of the

total population, 1533 persons received elementary education. 54.1%, 3791 persons

received junior middle school education. 13.5%, 948 persons received senior middle

school education. 10.5%, 736 persons received no education at all.

According to the investigation, by the end of 2013, there are no village enterprises or

individual enterprises at Dianzhen village and Jinfeng village. Villagers' income is from

agriculture, part-time job and household aquaculture and animal husbandry. The land of

the two villages is 11547.9 mu, and the farmland per capita is 1.65 mu. The housing per

household is 150 ㎡. At present, more than 2800 persons get part-time jobs outside mainly

in Zhouzhi and Xi'an. 41 families undertake transportation for passengers and to transport

agricultural products. All other people only undertake agricultural work. They plant crops

such as wheat, corn, rapeseed, Kiwi, peach and apricot. Some housewives undertake

animal husbandry such as chicken, pig and cow. In 2013, the per capita income in the two

affected villages was 7230 yuan, which is a bit lower than that of Zhouzhi County. See

details in Table 6.

Table 6 Socioeconomic data of affected area

（2）Data of sample households

The sample investigation of the project area is to choose 76 households of the total

388 households at random affected by the LA&R. The rate of sample households is 20%,

and 42 households are from Dianzhen Village, while 34 households are from Jinfeng

Village. The data are at Table 7.

Table 7 Basic data of affected 76 sample households

item Affected 76 households time End of 2010 End of 2013 population 315 321 Labor force 204 210 Farmland per capita （mu） 1.6 1.65 Annual average net income (yuan)

5138 7351

Farmland per household 6.64 6.77

item village

household person Poor person/HH farmland（mu） Net income per capita（yuan）

2010 2013 2010 2013 2010 2013 2010 2013 2010 2013

Dianzhen 948 924 3780 3828 152/38 155/51 6157.5 7315.93 5156 7400 Jinfeng 602 756 2500 3180 95/24 160/42 3865.5 4232 5090 7230 total 1550 1680 6280 7008 247/62 315/93 10023 11547.9 5142 7300

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Yearly output value per mu 1100 1200 Average net income per household

planting 2582 21323 4712 31021 poultry 3800 5214

sideline 14941 21095

average cost per family

Production cost 6240 20712 9050 30200

Life cost 14472 21150

Housing per capita 36 35 Production Machinery 2 3 Life apparatus 1.5 4

Note: the planting income contains income from orchard.

As shown in Table 7, the yearly income per household of the 76 sample households

at two villages was 21323 yuan at the end of 2010 and the income per capita was 5138

yuan, which is a bit lower than 5142 yuan for that of the 2 villages. The reason is the

different methods employed in the annual report and the sample investigation. In 2013,

the average income of the 76 sample households is CNY30200, and the income per

capita is CNY7351, which is 45.5% more than that of 2010. The housing per capita is 34

㎡, which is almost the same as that of 2010, and the reason for that is the housing for

relocation has not been finished while the work of LA&R began in 2013. The value of

production machinery and life apparatus rises a lot compared with that of 2010 due to the

socioeconomic development. Because the work of LA&R began in June 2013, the

influence of the project will be evident in later development, and the relevant analysis will

be shown in the later monitoring and evaluation reports. One thing we have to mention

here is that the number of poor households in the affected villages in 2013 is 93, rising

50% than that of 2010, because Zhouzhi County raised the poor household standard from

CNY1600 to CNY2500 in 2011. So, the number of poor households rises a lot. According

to the standard of CNY 1600, the number of poor households is only 36 at the two affected

villages, which reduced 42% compared with 62 households in 2010. In the subsequent

reports, we will adopt the new standard.

4. POLICIES FOR LAND ACQUISITION AND RESETTLEMENT

AND RELEVANT LAWS

4.1 National Laws and Regulations Concerning Acquisition and Relocation

In accordance with the following legal documents, the construction unit is entitled to

the land acquired upon compensating the affected units and people.

(1) The Land Administration Law of the People’s Republic of China.

Adopted at the Sixteen Session of the Standing Committee of the Sixth National

People’s Congress on June 25, 1986; amended in the light of the Decision of The Fifth

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Session of the Standing Committee of the Seventh National People’s Congress on

Amending the Land Administration Law of the People’s Republic of China on December

29,1988, and amended at the Fourth Session of the Standing Committee of the Ninth

National People’s Congress on August 29,1998; and effective as of January 1,1999.

Main contents: formulations on land ownership, land using overall plan, farmland

protection, land for construction, supervision and inspection, legal responsibility, including

land expropriation compensation, subsidy standard for relocation, and relocation way of

relocated people.

(2) Regulations on the Implementation of the Land Administration Law of the

People’s Republic of China (No.256 Decree of the State Council of The People’s

Republic of China on December 27,1998)

Main contents: in the light of the Land Administration Law of the People’s Republic of

China, formulates concrete implementation ways.

(3) Regulations on the Protection of Basic Farmland (No.257 Decree of the State

Council of The People’s Republic of China on December 27,1998)

Main contents: in line with Agriculture Law of the People’s Republic of China and the

Land Administration Law of the People’s Republic of China, concrete formulations for the

country’s protection of basic farmland, including delimitation, protection, supervision and

management, legal responsibility, and so on.

(4) Interim Regulations of Farmland Use Tax of the People’s Republic of China (No.

27 Document of the State Council on April 1, 1987)

Main contents: formulations about tax contribution standard and contribution range of

state construction occupied farmland.

(5) Regulations on the Implementation of the Land Administration Law of the

People’s Republic of China of Shaanxi Province (adopted at the Twelfth Session of the

Standing Committee of the Ninth Provincial People’s Congress on November 30, 1999,

and effective on January 1, 2000)

Main contents: in line with the Land Administration Law of the People’s Republic of

China, Regulations on the Implementation of the Land Administration Law of the People’s

Republic of China, the reality of Shaanxi Province, concrete formulations.

(6) Detailed Implementation Regulations on Regulations on the Protection of Basic

Farmland of Shaanxi Province (No. 30 Decree of the People’s Government of Shaanxi

Province on April 4, 1996)

Main contents: in line with the Land Administration Law of the People’s Republic of

China, Regulations on the Protection of Basic Farmland by the State Council, relevant

laws and regulations, and the reality in Shaanxi Province, concrete formulations on the

protection of the basic farmland in Shaanxi Province.

(7) Decision on Furthering Reform of Land Management of the State Council (Guofa

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[2004] No. 28)

Main contents: In order to use the land properly, to protect the legal rights of the

peasants whose land is expropriated, to maintain social stability, and to perfect the land

expropriation and resident relocation system, the decision puts forward the guide principle

and way to perfect the compensation of land expropriation. The decision asks all the

county, city and province governments to take useful measures to make sure that the

peasants’ living standard will not decrease after their land is expropriated, and that

according to laws in force, the land compensation, relocation compensation, ground

attachment and young crop compensation are paid in full and in time. If according to laws

in force, after the payment of land compensation and relocation compensation, the

peasants whose land is expropriated cannot maintain the original living standard, and their

social security can not be paid , the province , autonomous region and municipality

government should agree to add relocation compensation. If the sum of land

compensation and relocation compensation reaches the legal upper limit, but the

peasants whose is expropriated couldn’t remain the living standard as before, the local

people’s government can subsidy with the state-owned land income. The government of

province, autonomous region and municipality should work out and promulgate the

standard of output value or price of land. The land expropriation should be the same land

the some price. The national key construction project should take the expense of land

expropriation into its budget.

(8) Notice on Printing the Suggestions for Completing Compensation and

Relocation System of Land Expropriation by the Ministry of Land Resources of People’s

Republic of China (Nov. 3, 2004, Guotuzifa [2004] No. 238)

The main contents: to put forward how to carry through 《The Decision of the State

Council on Deepening the Reform and Strictly Enforcing Land Administration》especially

aiming at some problems during the land expropriation compensation and relocation

system. There are two aspects:

(ⅰ) to formulate unified annual output value standard. The province land and

resources administrative organ along with relevant organs woks out the lowest unified

annual output value of every county in the province, then announce and carry out it after

the approval of the province government. The workout of unified annual output value

standard should consider the type and quality of expropriated land, the investment on the

land, the price of agricultural products, the grade of land, and so on.

(ⅱ) The affirmation of unified annual output value times. The unified annual output

value times of land compensation and relocation subsidy should ensure the peasants

whose land is expropriated remain a standard no lower than before and be worked out

within the legal limit. According to the legal unified annual output value times, if the land

compensation and relocation subsidy couldn’t ensure the peasants whose land is

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expropriated couldn’t remain the original living level and couldn’t pay for their social

security, the times can be increased after the approval of province government. If the sum

of land compensation and relocation subsidy is 30 times as the unified annual output

value, the peasants whose land is expropriated couldn’t remain the original living standard,

the local government can subsidy from the state-owned land income. If the basic farmland

is expropriated by the legal approval, the land compensation should be carried out

according to the highest compensation standard announced by the local government.

4.2 ADB’s Policy on Involuntary Resettlement

For its supported construction project, ADB formulates its policy--- ADB’s Policy on

Involuntary Resettlement (1995). Its main contents are same as our country’s relevant

laws and regulations, and only a few items are different. The main idea of ADB’s Policy on

Involuntary Resettlement are:

(1) Involuntary resettlement should be an important consideration in project

identification. For any project that requires relocating people, resettlement should be an

integral part of project design and should be dealt with from the earliest stages of the

project cycle, taking into account the following basic principles:

（ⅰ）Involuntary resettlement should be avoided where feasible.

（ⅱ）Where population displacement is unavoidable, it should be minimized by

exploring all viable project options.

(ⅲ) If individuals or a community must lose their land, means of livelihood, social

support systems, or way of life in order that a project might proceed, they should be

compensated at replacement cost and assisted so that their economic and social future

will generally be at least as favorable with the project as without it. Appropriate land,

housing, infrastructure, and other compensation, comparable to the without project

situation, should be provided to the adversely affected population, including indigenous

groups, ethnic minorities, and pastoralists who may have usufruct or customary rights to

the land or other resources taken for the project.

(ⅳ) Any involuntary resettlement should, as far as possible, be conceived and

executed as a part of a development project or program and resettlement plans should be

prepared with appropriate time-bound actions and budgets. Resettlers should be provided

sufficient resources and opportunities to reestablish their homes and livelihoods as soon

as possible

(ⅴ ) The affected people should be fully informed and closely consulted on

resettlement and compensation options. Where adversely affected people are particularly

vulnerable, resettlement and compensation decisions should be preceded by a social

preparation phase to build up the capacity of the vulnerable people to deal with the issues.

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（ⅵ）Appropriate patterns of social organization should be promoted, and existing

social and cultural institutions of resettlers and their hosts should be supported and used

to the greatest extent possible. Resettlers should be integrated economically and socially

into host communities so that adverse impacts on host communities are minimized. One

of the effective ways of achieving this integration may be by extending development

benefits to host communities.

(ⅶ) The absence of formal legal title to land by some affected groups should not be a

bar to compensation. Affected persons entitled to compensation and rehabilitation should

be identified and recorded as early as possible, preferably at the project identification

stage, in order to prevent an influx of illegal encroachers, squatters, and other

nonresidents who wish to take advantage of such benefits. Particular attention should be

paid to the needs of the poorest affected persons including those without legal title to

assets, female-headed households and other vulnerable groups, such as indigenous

peoples, and appropriate assistance provided to help them improve their status.

(2) The ADB Policy on Involuntary Resettlement set out policies principles: the

following are relevant for this Project: Where population displacement is unavoidable, a

detailed resettlement plan with time-bound actions specified and a budget are required.

Resettlement plans should be built around a development strategy; and compensation,

resettlement, and rehabilitation packages should be designed to generally improve or at

least restore the social and economic base of those to be relocated. Monetary

compensation for land alone may not be adequate. Voluntary relocation by some affected

persons may form part of a resettlement plan, but measures to address the special

circumstances of involuntarily resettled people should also be included. Preference

should be given to resettlement of people dislocated from agricultural settings unto similar

settings. This is particularly important for indigenous peoples whose degree of

acculturation to mainstream society is limited. If suitable land is unavailable, other

strategies built around opportunities for wage employment or self-employment may be

used.

There are regulations about the implementation and monitoring of resettlement, the

loan party should report to ADB about the progress of resettlement during the project

implementation; and in charge of the monitoring and evaluating of resettlement; ADB will

supervise the implementation of resettlement in order to make sure if the implementation

matches the resettlement plan.

4.3 Comparison of Relocation Policies between ADB and China

(1) Comparison analysis on resettlement policy

The resettlement policy of our country is: 1) save land of construction, especially the

farmland; 2) to use the land legally during construction; 3) to balance the interest of

country, group and residents in using the construction land; 4) to combine country’s

16

compensation with relocated people’s own efforts; 5) resettlement in reservoir mainly in

agriculture resettlement; 6) our country advocate and support developing resettlement,

and adopt the method of compensation and subsidy in the early stage and help to

produce in the later stage; and 7) to help the relocated people to live well and not to

decrease relocated people’s income and to raise gradually.

The policy on relocation and resettlement launched by ADB aims to ensure that the

relocated people can benefit from the Project. In specific, the policy includes the following

items: 1) Try to avoid the involuntary resettlers or reduce the number of the involuntary

resettlers to the minimum in a feasible way; 2) If it is inevitable to relocate people, relevant

relocation and resettlement plan shall be formulated. The policy of ADB is to help improve

or, at least restore the life of the relocated people; 3) The relocated people are entitled to

compensations for their property loss, and to the profits generated from the Project, as

well as obtain help in the process of relocation and resettlement; 4) The relocated people

shall be supported in terms of restoring their previous livelihood, income and production

strength; 5) The special demand of the disadvantaged relocated people shall be fulfilled; 6)

Public participation is encouraged in the process of planning and implementation of the

relocation and resettlement; 7) The relocated people shall be integrated with the residents

from the resettlement area in terms of social and economic aspects; and 8) Farmers

affected by the Project shall be provided with land, house, infrastructures and other

compensations.

Comparatively speaking, the relocation policies between ADB and China are the

same in the following aspects: trying to reduce the number of the relocated people;

appropriately resettling down the production and life of the relocated people; ensuring that

the livelihood and production level of the relocated people can keep pace with the

previous level and even be greatly improved. The relocation policy of China advocates the

exploitable relocation, and underlines that the concept of national compensation along

with self-reliability shall be applied in relocation and resettlement work; while ADB

emphasizes public participation and special concerns for the disadvantaged groups.

(2) Comparison analysis of resettlement plan

Before ADB evaluates a project, it requires a satisfactory “resettlement plan” from the

project owner. In the content and coverage, the ADB’s demand is much more specific

than that of our country, so there is some distance between them. That is also the difficult

point to work out ADB’s resettlement plan. The main contents of our country’s

resettlement plan are: 1) the affected scope of affected land, to survey the amount of

affected lose and all kinds of residents; 2) to choose the year of plan; 3) according to the

possible resettlement place provided by the local government, to collect data of natural

resources, social economy, agricultural region and economic development program; 4)

determine production and living standard of relocated residents; 5) to balance the

17

resettlement of production and relocated people; 6) to balance the living plan and the

relocated residents, 7) to analyze the input and output, to predict the living level of

relocated resident and to give a total evaluation; 8) to give a budget of investment; 9)

according to the process of the project, to put forward the annual pace of resettlement.

ADB’s resettlement plan is as follows: The contents and level of detail of resettlement

plans, which will vary with circumstances, especially the magnitude of resettlement,

should normally include a statement of objectives, policies, and strategy, and should cover

the following essential elements: (i) organizational responsibilities; (ii) community

participation and integration with host populations; (iii) socioeconomic survey; (iv) legal

framework including mechanisms for resolution of conflicts and appeals procedures; (v)

identification of alternative sites and selection; (vi) valuation of and compensation for lost

assets; (vii) land ownership, tenure, acquisition, and transfer; (viii) access to training,

employment, and credit; (ix) shelter, infrastructure, and social services; (x) environmental

protection and management; and (xi) implementation schedule, monitoring, and

evaluation.

ADB’s policy on resettlement place, living level of relocated residents and survey of

social economy is the similar with that of our country. However, the ADB’s standard is

higher than that of our country. ADB’s policy pays great attention to organizational

responsibilities, community participation and integration with host populations, legal

framework, environmental protection and management and implementation schedule,

monitoring, and evaluation.

Moreover, there are some differences of demand and procedure between ADB’s and

our country’s resettlement plan, such as compensation for relocated residents,

implementation schedule, monitoring and evaluation, organizational responsibilities and

public participation.

4.4 Conclusion

Because the main contents of ADB’s policy is the same as our country’s policy, so

they are both the basic foundation of the resettlement plan of the project. So, the

resettlement plan of the project can meet the demands both of the ADB’s policy and our

country’s policy.

5. Land acquisition, housing demolition and resettlement

policy

5.1 Compensation standard of LA&R

To protect relocated people’s legal rights and to guarantee relocated quality of the

relocated people are both our country’s relevant policy and laws and ADB’s Involuntary

Resettlement Policy (1995) for the relocated people. The implementation of this project

18

inevitably needs some land expropriation, building demolition and resident relocation. In

accordance with legal regulations concerning land acquisition and relocation by the

national and local governments and guiding principles of ADB concerning relocation and

resettlement, and especially in order to carry out the construction of the Project, the

Project shall be implemented in adherence to improving or not lowering the production

conditions and living standard of the affected people. The affected residents are entitled to

get compensations from the implementation party that should help the affected residents

to resume or improve the level of their income and life. In conformity to the above

principles, the Foreign Loan Office of Shaanxi Province, the executing agencies, and Mt.

Qinling Botanic Garden of Shaanxi, the implementing unit, together with Shaanxi

Provincial Department of Land Resources and other related departments, draw out

relative policies and measures in respect of the Project. Xi’an Municipal Government

approved the compensation standard of LA&R of the project in November 2010. The

standard is as follows.

5.1.1 Affected housing

（1）Compensation shall be made in accordance with the actual condition of the

demolished houses, regardless of their ownerships, in order to ensure that the

demolished households can obtain the houses of the same structure and areas as their

demolished ones stipulated in RP. According to the guide for house relocation settlement

and the structure and type of houses, the people affected by house demolition shall be

compensated directly, and their previous houses shall not be depreciated; besides, the

affected residents are entitled to salvage the construction materials of their previous

house.

（2）For villagers who lose their houses, the villages shall take them into New Rural

Construction program. The house cannot be demolished until the demolished households

have moved to their new houses. After the replacement price was assessed and checked

by county/city housing administration, the compensation standard was approved in

Document No. 21 by Xi’an Municipal Government in 2010. The details are in Table 5.

Table 8 Compensation standard for housing

yuan/㎡

Brick and concrete

Brick and wood

Brick, earth and wood

Earth and wood

RP (2008) 511．18 475．44 422．94 316．41

Document No. 21 680 550 430 350 Note: The standard in Document No.21 is the highest standard for the same kind of housing, which

is a little higher than the standard of the original RP. For the items not mentioned in above table, the

compensation standard will be decided according to the standard by the county-level and above housing

assessment organ.

5.1.2 Compensation standard for affected land

19

The standard for land compensation and relocation subsidy of the project is in line with

the spirit and requirement of Land Administration of the Peoples Republic of China, the

Decision on Furthering Reform of Land Management of the State Council (Guofa [2004]

No. 28) and the Notice on Printing the Suggestions for Completing Compensation and

Relocation System of Land Expropriation (Guotuzifa [2004] No. 238) released by the

Ministry of Land and Resources, land compensation and relocation subsidy will be added

together.

----According to the Land Administration Law of PRC, the farmland compensation is

not more than the legal maximum of the summation of both farmland compensation and

relocation subsidy, namely, totally 30 times of the average output value of the land within

the project area in the first three years since the land is expropriated. Besides, the project

took compensation standard of other projects at the same kind of area into consideration.

----The young crops compensation shall be calculated according to the maximum of

40% to 90% of the average output value of the land with damaged young crops in the first

three years.

Zhouzhi County Government, the government in the project area, approved the

compensation standard by the Document (Zhouzhengzi [2007] No. 36). Xi’an Municipal

Government also approved by the Document (Shizhengfa [2010] No. 21). The land

compensation of the project is at Table 9.

Table 9 Compensation standard for land acquisition

yuan/mu

type Farmland Beach land （including nursery, slope land）

Annual output value* 1193 1062 Compensation rate 21 16

Compensation standard 26000 17000

* - average price from 2010-2013.

According to Article 47 of Land Administration of the Peoples Republic of China and

the relevant regulations released by Shaanxi Provincial People’s Government, the formula

for calculating the compensation for farmland is as follows:

Q1=A•a (e.g.: farmland 26000=1193×21)

Among which:

Q1 = land compensation

A = average output of the land in the first three years before the land is expropriated

a = coefficient of land compensation and relocation subsidy=21

The formula for calculating the compensation for beach land is as follows:

Among which: Q1=A•a+A•b

Q1 = land compensation and relocation subsidy

20

A = average output value of the land in the first three years before the land is

expropriated

a = land compensation rate =6

b= relocation subsidy rate=10

5.1.3. Compensation for young crops:

Compensation for young crops is calculated according to 90% of the average annual

output of the land before expropriation in the first three years. The compensation standard

is 1100 yuan each mu (530 yuan/mu in the summer and 570 yuan/mu in the spring).

5.1.4. Other affected facilities

a. After the assessment of the legal assessment organ, compensation for the affected

auxiliary facilities shall be paid according to replacement price of the facilities.

b. All special-purpose facilities, including facilities for hydraulic work, power and

telecommunication, as well as yards, pools and vault storeroom, shall be compensated

according to relevant regulations of Shaanxi Provincial People’s Government and their

real construction cost or replacement price.

5.1.5 Compensation scope of land acquisition and housing demolition

The Project plans to use land of 3963.4 mu in total. The affected villages are

Dianzhen Village and Jinfeng Village of Jixian Town, including permanent land acquisition

of 218.4mu, 100 households affected by land acquisition with 414 people, and 244 people

of 59 households in Dianzhen Village; 170 people of 41 households in Jinfeng Village. The

remaining land’s right to use is obtained by pooling of land as shares, which involves the

entire Dianzhen Village and Jinfeng Village, with 948 affected households and 3780

people (see Section 4.2 for details). The Project needs to dismantle buildings of 19319.97

m2, and relocation affects 8th and 9th villager groups with 143 households and 617

villagers in a centralized way. For these relocated people, all can obtain resettlement

within their own village. The total expense for compensation of LA&R of the Project is

estimated at CNY123,288,000.

5.1.6. Compensation standard evaluation

According to the spirit and requirement of the Decision on Furthering Reform of Land

Management of the State Council (Guofa [2004] No. 28) and the Notice on Suggestions

for Completing Compensation and Relocation System of Land Expropriation (Guotuzifa

[2004] No. 238) released by the Ministry of Land and Resources, the compensation

standards for houses, affected land and young crops of this Project are proposed by

Shaanxi Foreign Loan Office, namely the executing agency and the implementation

agency, of the Project, namely QNBG, along with Shaanxi Provincial Department of Land

and Resources and Shaanxi Provincial Bureau of Statistics, in the light of the social and

economic development strength and features within the Project area of Shaanxi province,

incorporating the part of suggestions put forward by every district when they enact the

21

uniform standard for annual output. Therefore, these standards have been increased by a

large margin compared with the previous ones. For example, the compensation standard

of Xi’an-Yumenkou Expressway is 15 times as the average annual output of the land

before expropriation in the first three years. However, the compensation standard of some

projects (such as some projects in Northern Shaanxi) is a bit lower, because the average

annual output of the land there is much lower than that in the Guanzhong Plain. The

compensation standard for land and young crops of the Project has been stipulated with

incorporation of the suggestions of the local government and residents, so it is rated

highly by the local government and residents according to consultation feedbacks.

The compensation of house and the attachment is according to the replacement

price and the price is decided by the professional asset evaluation agency. So, the

affected villagers’ living standard will rise in some degree.

With these compensation policies and measures, the affected people in the

project area expect and support the Project, which is a social support for the

implementation of Mt. Qinling Botanical Garden.

5.2. Land Compensation and Dividend for the Voluntarily Leased Land within the

Project Area

The Project will utilize 3963.4 mu of land area, of which 218.4 mu of land will be

expropriated, and the rest of the land, totally 3,745.87 mu, shall obtain the right to use in a

way of voluntary leasing. The land utilization and compensation of the leased area

includes two aspects: the compensation for ground attachments and young crops; and the

policy on dividend for the leased land. The standard for the former two items shall comply

with the relevant requirements of the national policy and ADB.

5.2.1 Compensation and payment for the ground attachment and young crops of the

leased land within the Project area

(1) According to the research report on The Project of Land Expropriation, Relocation

and Conservation of Mt. Qinling National Botanical Garden, it is preliminarily confirmed

that the leased land is 3,745.87 mu, of which the irrigable land and dry land take up

1,126.07 mu, orchard land 60 mu, and hillside land 2560.8 mu. The compensation

standard for the ground attachments and young crops of the leased land shall conform to

that of the expropriated land of the Project. See Table 10 and 11.

Table 10: Young Crop Compensation Standard in the leasing land

Unit:

CNY/mu

Type Vegetable

(10% of the young crop total)

Other young crops

(mainly grain crops)

22

Type Vegetable

(10% of the young crop total)

Other young crops

(mainly grain crops)

Standard 1,000 500

Table 11: Affiliated Facilities Compensation Standard in the leasing land

Unit:

CNY/mu

Scattered Fruit Trees (each)

Young Fruit Trees (each)

Useful Woods (each)

Young woods

(each)

Gardens and nurseries (each)

30-190 5-30 30-700 5-30 10-40

Note: this is only a basic standard. During the compensation of the affected ground attachments, the compensation is according to the assessment on the ground attachment and the compensation standard.

(2) According to Item 4, Chapter 1 of the Land Administration Law of PRC, the

definition of agricultural land is “including farmland, forestry land, grassland, land for

irrigating facilities, water for breeding industry and so on; construction land refers to land

for buildings and structure”. The Project is an ecological protection project and the leased

land shall not change its nature for agricultural use, thus all kinds of specialized facilities

on the ground of the leased land for hydraulic work, power, communication, yard and vault

storeroom shall not be damaged or relocated. If compensation is necessary in the Project,

it shall be paid in accordance with the relevant regulations of the Xi’an Municipal People’s

Government and the real construction cost, or the alternative price.

(3) The compensation and payment for the ground attachments and young crops of

the pooled land shall be fulfilled a month earlier prior to the implementation of the Project.

(4) Consultation, complaints, appeal, public participation, supervision and

assessment procedure and method concerning the above-mentioned compensation

standard and payment shall be in conformity with that of the expropriated land of the

Project.

5.2.2 Dividend

According to settlement policy on leasing of land in Instruction on Consummation of

Land Appropriation Compensation System by the Ministry of Land and Resources

(Guotuzifa〔2004〕No.238), “for the project-used land with long-term income, the

countryside collective economic organ and land using unit can negotiate and use either

compensation fee or the use right of construction land as shareholders. These

shareholders get profit sharing through contract with preferred capital stock.” The Project

will acquire land-use right of 3,745.87 mu by the way that farmers are shareholders with

free will. Besides compensation of ground attachment and green seedling of appropriated

23

land, the original land user will share profits through annual dividend payments. In order to

protect the interest of the original land user of the appropriated land and guarantee the

income increase and stable livelihood of farmers, profit sharing for the original land user

will be calculated by fixed profit sharing and revenue profit sharing. The duration of the

leasing land is 50 years.

(1) The standard of the fixed dividend is CNY540 for irrigating land and orchard,

CNY380 for dry land, and CNY280 for slope land. The fixed dividend is calculated by year.

The receiver is each villager group. Each group distributes the compensation to the

original users according to their proportion of their leasing land. The QNBG agrees to pay

one-year fixed dividend in cash or in check within 3 months after the signing of the leasing

land contract. Then, at the end of each September, the next year’s fixed dividend will be

paid.

(2) From the year Mt. Qinling National Botanical Garden gains admission income, the

original land user will enjoy operation profit sharing and the standard and policy of the

fixed profit sharing will not be altered.

The operation profit shared by original leasing land users is calculated by the QNBG

and each unit of village, and then the villages distribute it to their own groups. The amount

that each group can receive is calculated according to its capital stock from its land use

right. The capital stock is calculated as follows:

CNY13,500 for the irrigated land, CNY9500 for the dry land and CNY7000 for the

slope land. The amount of operation profit sharing is calculated according to the

proportion of the capital stock in the QNBG.

If there is no operation profit sharing, in order to protect the interest of the original

users of the leasing land, the QNBG agrees to pay CNY2.50 from every ticket to the

groups of Dianzhen Village as the operation profit sharing according to their capital stock.

Dianzhen Village shall distribute it to each group in a fair way according to their

corresponding proportion of the land capital stock. Each group can decide their own

distribution plan after the original users’ meeting.

According to the plan and the procedure, the QNBG will become a company in 6

years. Then, the operation profit sharing will be calculated according to their capital stock

in the Garden. With analysis based on the data of feasibility study report of the Project, the

Garden will make a total investment of CNY 402,756,400; after calculation and evaluation,

and preliminary agreement is reached with the relocation protection area of Dianzhen

Village and Jinfeng Village, all leased land of farmers shall account for about 6% of the

total investment of the Garden. Thus, after becoming a shareholder, the farmers will have

the dividend of 6% of the net profit of the project. In order to protect the interest of all the

original users, the Garden agrees that if the 6% operation profit sharing is lower than the

amount of CNY2.50 from each ticket, the Garden will get the amount of CNY2.50 from

24

each ticket and the Garden doesn’t run as a company. If the Garden runs as a company,

the Garden will not pay the amount of CNY2.50 from each ticket any more.

Legal representative of fixed profit sharing and operation sharing is the Villager’s

Committee of Dianzhen Village and Jinfeng Village, Zhouzhi County in affected areas,

which shall grade the participating land according to its practical type by local people’s

government, village committee and the Garden.

(3) Revenue analysis of land leasing

The relocation and conservation project of Mt. Qinling National Botanical Garden will

achieve the use right of 3745.87 mu land by farmers’ voluntary leasing land in the project

area. Based on the investigation, before distribution of revenue, 3745.87 mu land can

obtain an annual net income of CNY1,195,800, or about CNY319 every year per mu on

average. The fixed dividend after the leasing is CNY400 for each mu every year on

average. So the income after the leasing is CNY1,498,300. Therefore, the annual income

of farmers could increase by 25.25% every year merely from fixed dividend of land.

As for the profit dividend, according to the land leasing agreement by QNBG and

Dianzhen Village and Jinfeng Village, QNBG agrees to give CNY2.50 from every ticket to

Dianzhen Village and Jinfeng Village as the profit dividend from the day when the ticket is

sold. According to the feasibility report of QNBG and calculation, the QNBG received

visitors in 2011 and sell 600,000 tickets every year, which will increase 2% every year. So,

Dianzhen Village and Jinfeng Village received CNY1,500,000 profit dividend in 2011. The

average profit dividend is CNY400 per mu of leasing land and CNY621 per capita. After

the implementation of the Project for six years, the Garden will run as a company. Then

the profit dividend sharing will be calculated according to the proportion of leasing land in

the Garden’s capital stock. According to the feasibility report and the assessment of the

data, the total investment of the Garden is CNY402,756,400. The villagers’ leasing land

accounts for CNY24,165,400 when converted to share capital, about 6% of the total

investment. So, according to this 6%, the villagers will receive an estimated

CNY2,516,200 as profit dividend in the same year. However, in another way, the villagers

may choose the way of getting CNY2.50 from every ticket instead of 6% sharing. In such

case, the villagers in Dianzhen village and Jinfeng Village will receive an estimated

CNY1,624,000 in the same year. The estimated income of the leasing land within 15 years

after Project implementation is shown in Tables 12 and 13.

Table 12: Shareholder Land Profit in Project Implementation Area (CNY 10,000)

Affected Village

Land

(mu)

Original

Net Profit

(CNY 10,000)

Original

Net

Profit per unit

(Yuan/

Mu)

Fixed Profit After Becoming Shareholder (CNY 10,000)

Earnings after opening business (CNY2.5 from every ticket in the first 6 years, then 6% of annual profit) (CNY10,000)

The first year

The fifth year The tenth year

The fifteenth year

25

Affected Village

Land

(mu)

Original

Net Profit

(CNY 10,000)

Original

Net

Profit per unit

(Yuan/

Mu)

Fixed Profit After Becoming Shareholder (CNY 10,000)

Earnings after opening business (CNY2.5 from every ticket in the first 6 years, then 6% of annual profit) (CNY10,000)

The first year

The fifth year The tenth year

The fifteenth year

Before becoming Shareholder

3,745.87 119.58 319．23

After becoming Shareholder

3,745.87 149.83 (The fixed dividend is CNY 400 for each mu. )

150.0 (600,000 tickets every year）

162.4 from tickets or 251.62 from profit Annual after-tax profit is 41, 93.67）

341.97 （Annual after-tax profit is 5699.53）

439.40 （Annual after-tax profit is 7323.42）

Note: The income cost and financial assessment after the project operation have

been analyzed in detail in the project feasibility report.

Table 13: Income forecast table after the project completion

Unit: CNY10000

Year The first year The fifth year The tenth year The fifteenth year

Gross income annually 8, 634.00 9, 345.72 10, 573.82 11, 963.31Total cost evaluation 5, 473.19 5, 148.05 4, 874.29 4, 639.89Annual profit 3, 160.81 4, 193.67 5, 699.53 7, 323.42

Note: The gross income annually consists of the income from ticket, food service, various

facilities service, etc. The visitors spend CNY143.92 each visit on average.

Therefore, the income of land leasing affected households falls into two parts after the

construction of Mt. Qinling National Botanical Garden: One is the annual fixed distributed

bonus of CNY 400 /mu on average; the other is land sharing distributed income based on

the ticket income or operating profit of the Garden. And both of these two kinds of income

shall greatly increase the income of farmers enjoying land share once the project is

implemented. In 2011 when the Project came into operation, the land sharing distributed

income based on the ticket income was CNY400, and the fixed distributed bonus was

CNY400/mu, both increased by about 25.2% compared to the annual income of

CNY319.2 before Project implementation. Thus, no matter for the fixed dividend or profit

dividend, the Garden will greatly increase the income and improve the living standard of

farmers in the project area.

(4) Risk analysis

QNBG is approved by Shaanxi Provincial Government, National Bureau of Forestry,

National Academy of Sciences and Xi’an Municipal Government, using the loan of ADB.

And it is a demonstration project that researches, protects and utilizes the biodiversity of

Qinling area that is one of ten national ecological function areas. The feasibility report of

26

QNBG shows the operation income, cost, financial condition and profit. The conclusion is:

the total investment is CNY402,756,400, the profit rate after paying taxes is 12.13%, the

duration of paying back investment is 10.94 years, the net financial value is

CNY84,386,700, the average profit rate is 18.34% and the profit tax rate of investment is

20.06%. According to the internal rate of return and sensitivity of financial assessment, the

Project can pay debts easily. For the original land users, the risk is that the operation is far

from the expectation and the profit dividend sharing is not confirmed. So the villager

committee of Dianzhen Village and Jinfeng Village propose that before the 6% profit

dividend sharing, QNBG will pay CNY2.5 from every ticket. Once the Garden is profitable,

the original land users can choose to share the 6% profit dividend sharing. If the operation

profit sharing is lower than the amount of CNY2.50 from each ticket, the original land

users will get the amount of CNY2.50 from each ticket. Under the condition of no profit or

low profit, the original land users will always get CNY400 fixed dividend, which is higher

than the average annual income of CNY319.2/mu before the implementation of the

Garden. So, the Project will provide a higher and stable income to the villagers with no risk.

Plus, villages can earn more income from employment and other business activities either

in the QNBG or in the surrounding area.

5.2.3 Process

(i) The Project will utilize 3,745.87 mu. The land includes 1,108 mu of farmland

leased from villagers who receive shares. According to the Land Administration Law of

People’s Republic of China as well as the principle of “reclaimed land equal to the

occupied land”: if the construction land is in the protection area of basic farm land

designated by the local government, people should open up the same quantity and quality

as the occupied basic farmland, besides paying taxes in accordance with the Land

Administration Law of People’s Republic of China and relevant administrative laws and

regulations; if there is no condition to open up wasteland or the opened-up land does not

meet the need, QNBG should pay farmland reclamation fee as stipulated to the

department designated by provincial, autonomous regional and municipal people’s

government, or supplement the farmland reclamation fee.

(ii) At present, the villagers at Dianzhen Village of Zhouzhi County, the project area,

show their willingness for land leasing to the project owner and have authorized the village

committee to sign the agreement of dividend with the project owner. On October 16, 2007,

all villager groups in Dianzhen village signed the land leasing contract (see Appendix 4

Leasing Land Contract of QNBG). So, the right and duty relationship between the original

land users and the Garden was legalized, which lays foundation for the further

implementation of QNBG.

(iii) The Project needs to permanently acquire 294mu of farmland for the construction

of the QNBG buildings. After implementation of the project, actual quantity of requisitioned

27

land decreases to 218.4mu from 294mu due to detailed design scheme and construction

scheme of the Project. By the end of 2013, land of 218.4mu has been acquired and all

compensation fees have been paid.

(iv) Compensation of the ground attachments: the QNBG will use 3963.4mu land in

total. By the end of 2013,, the compensation of the ground attachments has been

completed. The compensation and payment was finished according to the Reply of Xi’an

Municipal Government to Land Acquisition, Demolition and Resettlement Compensation

of QNBG of Zhouzhi County (Shi Zheng Fa [2007] No.117) and the payment standard of

Compensation Standard Table for Ground Attachment of the leading group of Zhouzhi

County.

(v) The implementation plan of the land compensation and dividend scheme for

affected farmers in the Project area who voluntarily buy shares has been adjusted due to

the postponed construction of the Project, and the land compensation and dividend

scheme have not been fully implemented. The fixed dividend for land was paid on

schedule in accordance with the shareholder agreement. There is no benefit dividend

because of no business income. It is predicted that benefit dividend will be obtained on

June 2015 when the Project achieves business benefit.

5.3 Payment and monitoring of village-level land compensation

The construction unit will pay land compensation and resettlement subsidy of the

project construction through administrative procedures. According to the formulations of

The Land Administration Law of the People’s Republic of China, the land compensation is

paid to the land owners or land users, and resettlement subsidy is paid to help settle down

the rural residents after the land expropriation. So, the land compensation should be

arranged and spent by the village committee and the village collective is in charge of the

economic recovery of the APs. If the APs are willing to receive the compensation for land

acquisition and arrange their own economic recovery and development scheme, the land

compensation will be directly paid to them. And the resettlement subsidy is arranged and

spent by people who help settle down the rural residents. If the affected individuals find a

job or resettle themselves, resettlement subsidy will be retained by the APs. Nobody can

hold back or divert land compensation or resettlement subsidy. The transfer, usage

management and monitoring of village-level land compensation and resettlement subsidy

will be undertaken as per following procedure:

5.3.1 Inspection and preparation before transferring the fund:

(i) According to social survey data, the affected village should hand detailed impacts

to higher level Resettlement Arrangement Office for inspection.

(ii) All-level Resettlement Arrangement Office, External Monitor, and local

28

government in affected villages should train village-level management department, and

guide them to work out a development program which is suitable for the local reality and

using plan of resettlement fund, according to local social economy development reality

and prospect.

(iii) Relevant departments should guide, inform, consult and negotiate with APs and

the village-level management to work out the utilization plan of village-level fund and

report it to county-level project office for inspection.

(iv) County-level Resettlement Arrangement Office inspects and gives guidance to perfect

the utilization plan of the village-level fund. If the using plan of fund is not available, the

fund will not be transferred.

5.3.2 Management and monitoring of fund utilization

(i) County-level Resettlement Arrangement Office inspects and confirms the

utilization plan of village-level resettlement fund, and then transfers compensation and

resettlement fund according to the village bank account.

(ii) Village committee will report utilization situation of compensation and resettlement

fund to town and county Resettlement Arrangement Office every month. And county-level

Resettlement Arrangement Office reports to the municipal Resettlement Arrangement

Office every three months.

( ) Besides monitoring fund utilization situation of villageⅲ -level through report forms,

county and town project offices should inspect on site the development of agriculture

infrastructure or enterprises which use compensation or resettlement fund.

( ) External Monitor will verify the utilization situation of compensation and ⅳ

resettlement fund of village-level units, evaluate the using effect of fund, offer advice to

village-level units, and provide feedback monitoring to all-level project offices.

Investigations will include sampling survey, site inspection, and discussions with affected

individuals.

5.3.3 Auditing

The project implementation agencies will be audited by auditing authorities according

to our country’s formulations. The main content of auditing is land expropriation, housing

demolition and resident relocation fund.

5.4 Compensation rights and interests and resettlement policy matrix (See Table 14)

Table 14 Compensation rights and interests and resettlement policy matrix

Kinds of loss

Applicable object

Persons or villages enjoying the rights

Number of Persons or villages enjoying the rights and interests

Compensation policy Compensation rights and interests

Implementation item

29

Requisitioned land

Farm land of 218.4 mu

a) village collectives owning the land b) villagers using the land

100 households with 414 persons who lose land in Dianzhen Village and Jinfeng Village

a. Land acquisition resettlement and compensation fee paid to affected persons

Land loss of village and individual who own the original land ownership and right of land use involved in the full-refunds project

Village committee decides the usage of collective compensation fee and investment project; higher-level government examines, approves and supervises suggestions and demands of the villages, and provides aid for training.

Temporarily occupied land

Land for construction in or near the project area

Villagers using the land

Decided during the construction

Cash compensation shall be given according to the annual loss, maintaining the original life level of the APs at least

Full refunds shall be paid to villagers who lose the crops according to the standard

Villagers committee should inform the land user in advance and give corresponding compensation

Loss of residence/ property

Residence or property in the project area or were affected

Individual or household who lose building and houses or ground attachment

122 households, 515 persons

Cash compensation fee shall be paid to affected persons, including the compensation of house site and various houses based on recovery standard, ground attachment shall be compensated based on assessment value. Transition fee and removal fee for each household is CNY1,000 per person.

Cash compensation fee and resettlement house shall be given to the APs who lose houses/ buildings and other property.

Villages and the APs shall decide the location of new housing sites. The constructer is in charge of filling and leveling the housing construction sites and connecting them with the existing public facilities

Non-farmland loss

Non-farmland in the project area

Village collectives with land ownership

Dianzhen Village, Jinfeng Village

Cash compensation

Compensation to affected persons

Compensation based on the resettlement plan

Affected special facilities

All kinds of facilities in the project area

Owners of all kinds of facilities

Owners of all facilities

Full refunds according to market price

To get full refunds according to market price

Vulnerable groups

The aged, the weak, women, children the disabled the poor households, households without labor

Persons and households in accordance with vulnerable groups

25 households

1% resettlement budget shall be set as special recovery fund and spent on the implementation of the measures for the vulnerable groups, and assist the villages in helping the vulnerable groups

Priority to get project compensation and aid under the same condition

Aid from relevant government department

Leasing land

The leasing land which is used by the project in the project area

Dianzhen Village and villagers who use the land before

Dianzhen Village and Jinfeng Village, and 948 households with 3,780 persons who use the land

Except the compensation for the ground attachments and young plant, fixed dividend and profit dividend shall be provided to lands with shares to improve the life level of the APs.

After pooling of land, fixed dividend, profit dividend as well as priority to participate in project construction

Immediate implementation after approval of customs pass policy of the project

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shall be obtained

6. Resettlement and Economic Rehabilitation

The objective of the resettlement and rehabilitation plan is to guarantee the affected

infrastructure can be restored, the affected laborers can find job again, and the affected

persons’ incomes and living conditions can be improved or at least as well-off as they

would have been in the absence of the project.

6.1 Rehabilitation Planning Principles

(1) QNBG should compensate for the land the project has occupied according to

national laws.

(2) For the affected special-purpose facilities, QNBG should pay the fund, and the

township and county governments will help the Dianzhen village, to build new facilities; or

compensate according to replacement value after the legal house appraisal company

provides an assessment.

(3) For all the attached facilities, QNBG should compensate according to the market

or replacement value, whichever is larger. For the trees which can be transplanted, people

can transplant them in suitable season before the construction demolition begins.

(4) Based on willingness of the APs, land requisition compensation fee shall be given

to the APs directly with full amount. The compensation method is applicable to each stage

of the project; in case the new land acquisition is involved during the project construction,

then compensation fee shall be directly paid to the APs with full amount timely.

(5) Guide the affected individuals to join non-agricultural industry to raise their labor

income. During the project construction, guide the affected persons, especially the poor,

to provide labor service for construction and operation of the botanical gardens. When the

construction is completed, the working force in the project area has the priority to work for

this Project.

6.2 Housing resettlement method

In order to relocate the villagers affected by LA&R, and through discussion among the

Village Committee of Dianzhen and all the villagers, the New Dianzhen village was

decided to be built. The planned New Dianzhen village occupies 344.2 mu. The first stage

construction is 123.5 mu, relocating 914 persons of 217 households. The site of New

Dianzhen village is located 300m south of S107 Highway, and 400m east of Tianyu River.

The construction fund is from the infrastructure compensation by the project and the fund

of Shaanxi New Countryside Construction. The new village will be able to relocate all the

villagers affected by the project. The planned average residential land for each household

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is up to 180m2, which is 15% more than the current average residential land, that is,

150m2, at Dianzhen village. When the affected villagers resettle, they live closer together

than before, which is good for business. The new village is nearer to highway, school, and

clinic, so it is more convenient for transport, education and medical care. The living

conditions of relocated villagers improve a lot. For example, Lei Zhihua, a villager in

Group 10, Dianzhen village, with 7 other household members, lives in a 150 m2 brick and

concrete house. The house is in the middle of the mountain, so the life and

communication is not convenient. And the natural disaster makes the house unsafe. The

planned new houses have good infrastructure, convenient location and suitable space.

The new house of Lei’s will cost CNY140,000 and Lei will get house compensation and

attachment compensation of CNY110,000, together with compensation fee for housing

subsidiary facilities, totaling CNY150,000, so Lei can easily buy his new house. (see

Photo 1 and Photo 2).

At present, the main body of the relocation housing has been completed, but the

resettlement fee has not been paid for a long time. The work of LA&R has made no

progress for half a year. Now, Qinling Botanical Garden, Zhouzhi County Government,

and the Provincial PMO are busy coordinating and preparing for the fee. They plan to

make progress before March of 2015.

Photo 1 Main building for relocation at New Dianzhen Village

32

Photo 2 Zhao Zhengyong, secretary of Shaanxi CPC Committee, inspected the

construction of New Dianzhen Village, along with leaders of Xi’an

Photo 3 Current building at Dianzhen VillageFigure

33

2

6.3 Land resettlement

① The project acquires 218.4 mu land permanently. 414 persons of 100 households

are affected by land acquisition. The acquired land per capita is 0.5 mu, accounting for

30% of the original land per capita. According to Table 16, the average annual output

value of crops is 1,000 yuan in the affected area. The loss of 0.5 mu land will result in

34

yearly loss of 500 yuan, accounting for 9% of the total income 5,142 yuan, the net income

per capita. Not taking bonus of land leasing and compensation into consideration, the

losses from land acquisition is not significant to the net income of the affected households.

After discussion with affected persons and villager representatives, the affected

villages decided not to adjust the land to the affected persons, but pay land compensation

to the affected persons in full amount. At present, the land compensation has been paid to

the affected persons via the bank by Zhouzhi County Project Office.

After the land acquisition was completed in 2013, the economic rehabilitation is being

carried out（see 5.2.3）.All the affected households are formulating economic rehabilitation

plans and implementing the measures with the land compensation payments and

attracting support from the society and the implementing organ to recover and develop

local economy. The measures of economic rehabilitation plan and development plan

mainly include:

A. to strengthen the training of agricultural technology and to improve production skill

and quality of the working labor.

B. to organize the working force to work for the project to get more income. The local

people in the affected area can get 5000 yuan per capita a year in the way of planting

trees and nursing young trees (a male can get 50 yuan a day and a female can get 40

yuan a day, and they can work three months a year for the project).

C. to help relocated households to do the third industry to get more income.

D. to improve the reserved land to raise the output value.

E. to sell more agricultural product and sideline product to get more income.

F. through the above measures, to raise the affected persons’ living standard and

income.

35

Table 15 Agricultural crop income in project area in 2013

Type Output (jin/mu)

Average price last 3 years (jin/mu)

Total income (Yuan/mu)

except labor cost (yuan/mu)

net income (yuan/mu)

labor cost (yuan/mu)

net income from crop including labor cost (yuan/mu)

crop wheat 600 0.66 396 200 196

356 CNY350 two crop seasons per year

6 corn 600 0.6 360 200 160

Rape 200 2 400 200 200 100 100 Chinese kiwifruit

4000 1 4000 1000 3000 1200 1800

Peach 3000 1.5 4500 1500 3000 1500 1500 apricot 2500 1 2500 800 1700 1000 700 Plum 2500 1 2500 1000 1500 1000 500 Cherry 400 4 1600 800 800 600 200 persimmon 2500 0.5 1250 300 950 500 450 Gardening 5000 2000 3000 1800 1200

7. ORGANIZATIONAL ARRANGEMENTS

7.1 Implementing agencies

7.1.1 In December 2001, Qinling National Botanical Garden was approved to be set up by

Shaanxi Provincial Government. Shaanxi Provincial People’s Government, National

Forest Bureau, Chinese Academy of Science and Xi’an Municipal People’s Government

named the original Qinling Botanical Garden as Qinling National Botanical Garden, which

is the project implementing agency and from then on, the staff began to work.

7.1.2 Forestry Department of Shaanxi Province, together with some relevant bureaus, set

up the Coordinating Committee of the Qinling National Botanical Garden Construction,

which is in charge of some important policy issues such as macro-control, project

implementation supervision, relationships coordination, construction planning, etc. of

Qinling National Botanical Garden.

7.1.3 The Development and Reform Committee of Shaanxi Province and the Foreign

Loan Office of Shaanxi Province are in charge of applying loan from ADB and grant fund

from GEF and to coordinate the implementation of the resettlement plan.

7.1.4 The implementation organ of the Project has set up Coordinating Committee of the

Qinling National Botanical Garden Construction Director’s Office (Resettlement

Arrangement Office). Their duty is as follows:

a. In charge of organizing and coordinating land acquisition and resettlement, and

signing agreement on compensation and acquisition and resettlement with Zhouzhi

County Land Acquisition and Resettlement Coordinating Directors, According to the

decisions by Coordinating Committee of the Qinling National Botanical Garden

Construction.

36

b. In charge of surveying the land acquisition, listening to the opinions of affected

people, accepting all kinds of complaints and requests, and dealing with them in time.

c. In charge of supervising and inspecting the payment and utilization of the

compensation of land acquisition and resettlement.

d. In charge of guiding the county, towns and villages to formulate an economic

recovery plan and exchange the experiences.

7.1.5 Zhouzhi County, the affected area, set up Zhouzhi County Land Acquisition and

Resettlement Coordinating Directors, consisting of a county leader, respectively 2 persons

from land administration, communication, city construction, and environment protection

departments, totally about 7 persons. The Coordinating Directors has set up an Office,

consisting of five persons.

The duty of Zhouzhi County Land Acquisition and Resettlement Coordinating

Directors and their Office is as follows:

a. In charge of checking the quantity of affected land, removed buildings,

special-purpose facilities and attached materials, based on Coordinating Committee of the

Qinling National Botanical Garden Construction Director’s Office’s task and demand.

b. In charge of assessing and formulating compensation standard of affected

special-purpose facilities.

c. In charge of signing land acquisition, demolition and resettlement agreement with

the affected units and persons;

d. In charge of paying compensation costs;

e. In charge of the concrete affairs of implementation of land acquisition, demolition

and resettlement, assuring the building of new houses and the timely progress of all

resettlement work;

f. In charge of surveying the land acquisition, listening to the opinions of affected

area and people, accepting all kinds of complaints and requests, and dealing with them in

time.

g. In charge of supervising and inspecting the usage of the compensation of land

acquisition and removing of the villages;

h In charge of guiding the town and village committees to formulate economy

recovery plan and checking and supervising

i. In charge of reporting the project process to Coordinating Committee of the

Qinling National Botanical Garden Construction Director’s Office (Resettlement

Arrangement Office), and handing in relevant statistical data in time.

7.1.6 Jixian Town Government

The duty of the government is to help implement land acquisition and resettlement; to

assist to work out the Land Acquisition, Relocation and Resettlement Plan and to organize

villagers to consult; to explain the resettlement policy; to help to get application and

37

approval of land acquisition and resettlement; to deal with problems during

implementation; to assist to finish internal and external supervision; to assist

socio-economic survey in the affected area; to provide training of the working staff for land

acquisition and resettlement; to supervise the land acquisition and resettlement by village

committee; to work out the progress of implementation and submit it to Coordinating

Committee of the Qinling National Botanical Garden Construction Director’s Office.

7.1.7 Dianzhen Village Committee and Jinfeng Village Committee and all the villager

groups

Authorized by villagers’ convention, they are in charge of right use of resettlement

compensation and payment to the affected persons; to take part in the socio-economic

survey and project impact survey; assist to work out the Land Acquisition, Relocation and

Resettlement Plan; to organize the villagers to take part in the project and to explain the

relevant policies; to implement, check, supervise and record land acquisition and

resettlement activities in their village; to organize villagers to build new houses and help to

get building approval; to choose resettlement place and distribute housing land for

relocated households; to adjust land distribution and implement economic recovery; to

supervise land acquisition, housing and attached facilities demolishing and reconstruction;

to deal with grievances and appeals, to investigate and fulfill the relevant work; to help

relocated persons to solve all the problems during relocation; to report the progress in

land acquisition and resettlement; and to help vulnerable households to relocate.

Jixian Town Government, Dianzhen Village and Jingfeng Village should assign

special persons in charge of the land acquisition and resettlement, cooperate and take

part in the work of the land acquisition and resettlement, and implement the recovery plan

on behalf of town government and village committee.

7.2 Internal supervision agencies

Coordinating Committee of the Qinling National Botanical Garden Construction

Director’s Office sets up an internal supervision office for land acquisition and resettlement.

The office is at the Qinling National Botanical Garden, consisting of 3 persons. The duty of

the office is to guarantee all the land acquisition and resettlement officers can fulfill their

tasks, carry out the terms in Land Acquisition, Relocation and Resettlement Plan, and

guarantee all the affected persons can get their rights and interests.

The organization is shown in Table 16.

Table 16 Qinling National Botanical Garden Relocation Protection Project

– Land Acquisition, Demolition, Resettlement Organizations

Coordinating Committee of the Qinling National Botanical Garden Construction (Forestry Department

of Shaanxi Province) Asian Development Bank

External Supervising Organization (5 people)

38

7.3 External monitoring agency

In order to complete the compensation for land acquisition and demolition well, the project

implementing agency employed Shaanxi Social Sciences Academy to conduct external

monitoring on the compensation for land acquisition and demolition, besides reinforcing

internal supervision after the Project is implemented.

7.4 Implementation Schedule

7.4.1 Overall progress of land acquisition and relocation

In October 2009, the project implementing agency submitted the land acquisition and

housing demolition and resettlement plan of plant ex-situ conservation project of Mt.

Qinling National Botanical Garden to ADB and won the official reply. In March 2010, the

implementation of land acquisition, demolition and relocation work began. Till December

2014, the land acquisition of the project was completed, totaling 218.4 mu for land

acquisition, which is cultivated land, including 130.4 mu of Dianzhen Village, and 88 mu of

Jinfeng Village. The land acquisition involves 100 households, with 414 people. The per

capita land acquisition is about 0.5 mu. It accounts for 30% of the original per capita land

coverage. The project plans to demolish 58,200 m2 of buildings, including brick-concrete

structure of 2,390 m2, brick-wood structure of 12,514 m2, brick-earth-wood structure of

25,743 m2, and earth-wood structure of 17,553 m2. Housing demolition affects 122

households and 515 people. Based on the compensation policy for land acquisition and

demolition, the basic expense is predicted to be RMB 49.815 million Yuan, including

compensation fees for land acquisition and resettlement of RMB 5.678 million Yuan,

compensation fees for housing demolition of RMB 14.404 million Yuan, and other

compensation fees for ground attachments and removal of RMB 29.733 million Yuan. Till

Five land acquisition and demolition personnel of Qinling National Botanical Garden Construction

Director’s Office (Resettlement Arrangement Office) Internal Supervising Organization (3 people)

Zhouzhi County Land Acquisition and Resettlement

Coordinating Directors and Their Offices

Jixian Town Land Acquisition Coordinators (2 people)

Dianzhen Village and Jinfeng Village Land Acquisition

Coordinators (2 people)

39

the end of December 2014, the project office paid all the compensation fees to villages

and persons affected by land acquisition based on the policy standard of relocation and

resettlement plan, totaling RMB 5.46 million Yuan. The compensation fee for housing

demolition is RMB 15.26 million Yuan and that for house and ground attachments is RMB

3.25 million Yuan, and the payment for special facilities is RMB 760,000 Yuan, totaling

RMB 24.73 million Yuan. Based on preliminary statistics, there are around RMB 11.78

million Yuan for compensation for the land acquisition and demolish not in place. The

compensation fee for land acquisition and demolition in the project faces a large gap. The

project implementing agency is actively preparing funds so as to make the project fully

funded before June 2015. The payment of the fees for land acquisition and demolition is

shown in Table 21.

Table 17

Statistical table of land acquisition and housing demolition fees of Mt. Qinling Project

(2014.12)

Land acquisition (RMB 10,000 Yuan)

Housing demolition(RMB 10,000 Yuan)

Ground attachments (RMB 10,000 Yuan)

Others (RMB 10,000 Yuan)

Total (RMB 10,000 Yuan)

Planned 567.8 1440.4 2189.4 783.9 4981.5 Actual 546 1526 325 76 2473

Completion Completed Completed Not completed Not completed

Vacancy RMB 11.78 million Yuan

Due to lack of fund for resettlement, the main work of house construction for

settlement was basically completed in December 2013, but the infrastructure construction

of three supplies and one leveling has not completed yet. The construction progress was

basically in a dead state after the end of 2013. Thus, villagers still live in their original

house and do not remove at present.

7.4.2 Economic rehabilitation and development

Since the land acquisition and demolition of the project was implemented in March

2010, the land acquisition has resulted in the fact that the life in the project implementation

area is affected inevitably to a certain degree, but the effect is a little. The project has land

acquisition of 218.4 mu, involving 100 households and 414 people. Per capita land

acquisition is about 0.5 mu. The original per capita land coverage is 30. In accordance

with the table 8, the project affected area has the average annual income from land crops

is RMB 1,000 Yuan, and 0.5 mu land faces a loss of around RMB 500 Yuan each year,

accounting for about 9% of per capita net income RMB 5,142 Yuan in local village. Thus,

land acquisition of the project exerts a little impact on the actual net income of affected

persons, even without the consideration of income of shareholder farmers from land right

to use and land compensation factors. In order to enable affected persons of land

acquisition to develop production and recover their livelihood as soon as possible, the

40

project implementing agency and all villages adopt the following measures:

1. After the representative conference of affected persons and villagers was hold,

all villages made full payment of land acquisition compensation to affected persons.

The conflicts from complicated land re-adjustment and the time impact of delay were

reduced. After they obtained the land compensation fees, the affected persons can

directly use the land acquisition fees to become a shareholder for dividend based on

their own willingness, or get engaged in investment of other aspects. At present, the

land compensation fees have been paid to the affected persons directly by Zhouzhi

County Project Coordination Office through banks.

2. The project construction has been conducted by stages all the time, the local

masses participated in various plant conservation and recovery in the garden through the

form of labor force, such as management and protection of weeding, insecticide spraying,

watering, etc. in the special gardens as well as the layout and construction of garden

landscape engineering. From the end of 2010 to the end of 2014, the expense of this

category was RMB 9.50 million Yuan, and in 2014, the expense reached RMB 2.70 million

Yuan. Thus, the beneficial masses of the work amounted to 1,800 people. After four years

of project implementation, the annual per capita income increased is RMB 1,319 Yuan.

The input of the above capital provides local masses with more job opportunities, which,

to a large extent, guarantees the economic income of local masses, and improves their

livelihood.

3.The implementation of relocation conservation project of Mt. Qinling National

Botanical Garden will use land of 3,963.4 mu in total, including 218.4 mu for land

acquisition. The right to use other land can be obtained through share buying by the

farmers of the project implementation area based on their willingness, totaling at 3,745.87

mu. The usage and compensation of land of shareholder farmers are two parts: one is

fixed dividend, and the other is benefit dividend. Based on the shareholder dividend

agreement, the cultivated land has the annual fixed dividend of RMB 400 Yuan/mu. In

2014, the project- affected villages had 3,745.87 mu land, the users of which enjoy

dividend through the right to use. The project implementing agency paid RMB 5.80 million

Yuan of dividend for land in total in 2014.

Since the project fails to conduct commercial operation, no operating revenue is

produced, and the land efficiency dividend has not been implemented till now yet.

7.4..3 Land acquisition, demolition and resettlement plan of the project in short term

To protect the legal rights and interests of relocated people and guarantee

resettlement quality is the common principle of relevant Chinese policies and regulations

and the resettlement policy of ADB. Currently, the project has conducted land acquisition

and demolition and resettlement work by focusing on the content of the resettlement plan

41

of the project and implemented it through land acquisition and housing demolition

agencies and affected villages (groups) as well as affected persons. However, since the

domestic funds have not been in place in time all the time, the compensation fee for land

acquisition and demolition faces a large gap. For this, the project implementing agency

has submitted application to the competent departments of Xi’an Municipal People’s

Government and Zhouzhi County People’s Government for many times. It is said that

Deputy Mayor of Xi’an City and Xi’an Bureau of Finance have started the work. It is

believed to see a solution in a short time.

In the past, the project took the document of Zhouzhi County People’s Government

(Zhou Zheng Zi (2007) No.26) as the compensation standard of the project. Along with the

social development change, till 2014, Zhouzhi County People’s Government began to

modify the document for further improving the compensation standard, which undoubtedly

has lowered the removal difficulty of the garden in future.

These progresses have enabled affected persons of the project to give great

expectation and support to the project, which provides social supporting conditions for the

smooth implementation of the project.

8. Public Participation

8.1 Consultation and Public Participation Process

According to the requirement of the RP and ADB, all the stages of the project

implementation should include public participation of the affected persons. So, at the

preparation stage of the project, the affected villages set up the project coordinating

groups, the 3---5 members of which are the local persons such as village leaders,

women representatives and representatives of the vulnerable group. The duty of the

group is as follows: a. to select the vulnerable group; b. to organize the villagers to join in

the construction of the project; c. to support the monitoring in their own community; d. to

take part in baseline survey; 5. to put forward suggestion for the compensation and

resettlement of the project; 6. to call for villagers to support the construction of the

project.

According to the survey, all the project-affected villages have established the project

coordination groups, which are well functioning, personnel in place, job enrichment, and

can reflect the requirement of the project, namely, participation. Except the policies of land

compensation, other important issues are decided after the discussion between the

project coordination groups and the villagers, which is so helpful for the implementation of

the project. For example, under the arrangement of the coordination groups, after the

implementation of the project, the affected villagers invested force labor for 500 persons

/180 days and got labor income of 450000 yuan, that is 9000 yuan per capita, which

expanded the affected people’s income sources.

42

Other public participation plans and activities are at Table 18.

Table 18 Information disclosure and negotiation of Mt. Qinling Botanical Garden

item time content participant organizer

1 2009 8-2009 12 Project impact Staff for resettlement, village, group, affected persons

Garden, county PPO

2 2010 2-2010 6 Process of LA&R Garden、county PPO、group, affected persons

Garden, county PPO

3 2011 3-2011 5 Labor force Garden, village coordination group and affected persons

Garden

4 2012 3-2013 5 Labor force Garden, village coordination group and affected persons

Garden

5 2011 5-2013 7

New village construction, resettlement policy

Garden、county coordination office, village, group, affected persons, experts

Garden, county PPO

8.2 Grievance Redress Mechanism

In order to protect the affected individual’s interest, if anyone feel dissatisfied about

the allocation work, he or she may make complaint and appeal to project offices at

correspondent levels, further, he or she may take judicial proceedings to the People’s

Count of county or municipal level.

1、Agencies transacting complaint and appeals and the appeal transaction agencies

Agencies transacting complaint and appeals are: Construction and Coordination

Commission of Mt. Qinling National Botanical Garden and affiliated Construction and

Coordination Office of Mt. Qinling National Botanical Garden, the Project Construction of

the County, Coordination and Guidance Group and Project Office, People’s Government

of the town and the Dianzhen Village Committee.

The appeal transaction agencies are People’s Count of the County and the Municipal

Intermediate People’s Count. The appeal transaction agencies and procedures are listed

as follows:

Table 19 Appeal and lawsuit agencies and procedure

43

2、The reason of complaint and claim.

（ⅰ）Complaint caused by land ,housing and other facilities compensation.

（ⅱ） Complaint caused by unsuitable dealing in the process of demolition or forcing

the price down on purpose.

(ⅲ) Complaint that the compensate standard is too low

(ⅳ) Complaint that the project construction damages others’ benefit.

（ⅴ）Complaint that the staff damage the affected enterprises or individuals’

interest or damage others benefit.

（ⅵ）Complaint that the affected individuals think the compensation standard is lower

than the replacement value .

3、The procedure of claim

（ⅰ）If the resident complains about land acquisition, housing demolition and

resident resettlement work, first, they can tell it to the village committee in written form or

orally, and ask for a solution or response. If the problem cannot be solved, the county

(district) project office should coordinate and resolve. If the resident doesn’t receive any

response in three weeks or is not satisfied, he/she can claim to the project management

office at higher level in written form.

（ⅱ）The project management office at upper level should solve in three weeks after

City’s Intermediate

People’s Court

Zhouzhi County

People’s Court

Qinling National

Botanical Gardens (QNBG)

Construction Coordinating

Offices and Other Offices

County Project Office

Dianzhen Village Committee affected individuals

44

receiving claims from the affected individuals. If the problem is not solved in three weeks

or the affected individuals are not satisfied, they can make a lawsuit to county (district)

people’s court according to legal procedure.

(ⅲ ) If the affected individuals are not satisfied with the judgment made by

county(district ) people’s court, they can appeal to the city intermediate people’s court.

The judgment made by the intermediate people’s court is final; the affected individuals

must obey the judgment.

9. Budget

9.1 Total cost

The land acquisition, housing demolition and resident resettlement compensation is a

part of the total investment of the project construction and is included in the project annual

investment plan. The total resettlement cost is CNY133.11 million, among which, the

basic cost is CNY49.81 million. (See Table 21)

The villagers in the project area will lease 3,745.87 mu of land to QNBG, for which

they get dividends. The fixed dividends, as actual expenses on the construction of the

project, should be included in construction cost of the project. Therefore the total

expenditure should be CNY 68.057 million.

9.2 Fund process

Land acquisition, relocation compensation cost shall be paid directly to village

committee and affected individual by the County Project Office through the Bank and the

Project Office of affected County People’s Government.

9.3 Approval of added cost

QNBG has the right to use the contingency cost in the budget. For the physical and

price contingencies, Shaanxi Province Development and Reform Committee and Shaanxi

Province Using Overseas Loan Office should report it to the National Development and

Reform Committee and Ministry of Finance, and after their approval, they will be added to

the budget. The procedure will be no more than one month. See Table 20. The details of

the resettlement budget are shown in Table 21.

Table 20 Compensation fund process of land acquisition, housing demolition

and resident resettlement

The Foreign Loan Supporting Project Management Office of Shaanxi Province (Financial Department)

Qinling National Botanical Garden (QNBG)

Bank

County Project Office

45

Table 21 Land Acquisition and Resettlement Budget

(CNY)

Item Total complete A. Basic cost 49,814,957 unfinished 1. Land compensation (combination of land compensation and resettlement subsidies)

5,678,400 finished

2. Compensation for housing and attachment demolition 14,403,620 finished 2.1 Brick-concrete structure 909,840 2.2 Brick-wood structure 3,854,400 2.3 Brick-earth-wood structure 6,198,880 2.4 Earth-wood structure 3,440,500 3. Young crop compensation (3,963.4mu)

4,359,740 unfinished

4. Ground attachments – see Table 5 1,893,697

unfinished

5. House relocation subsidy 122,000 unfinished 6. Compensation for village infrastructure and special

facilities 3,357,500 unfinished

B. Training costs 100,000 unfinished C. Economy recovery compensation for vulnerable groups

200,000 unfinished

D. Fixed dividend for leased land with shares (2008-2058)

68,057,100 Finished (2010-2014)

E. Plan making and management costs 3,099,823 unfinished 1. Management cost (2.5% of basic cost) 1,245,374 unfinished 2. Handling cost (3% of basic cost) 1,494,449 unfinished 3. Monitoring and evaluation cost 280,000 unfinished 4. Plan making 80,000 finished F. Taxes and fees 4,369,091 finished 1. Soil erosion compensation 218,400 2. Land reclamation cost 1,456,072 3. Farmland compensation fee 655,200 4. Land use fees for new buildings 2,039,419 G. Costs for unexpected items 7,472,244 unfinished 1. Increased cost (5% of basic costs) 2,490,748 2. Contingency cost (10% of basic costs) 4,981,496 Total 133,113,215 unfinished Note: The standard of the supervision fee and working-out fee is based on “Notice on the

Fee of Environment Influence Consulting by the Committee of Plan and Development of

China and General Bureau of Environment Protection of China” (Ji Jia Ge [2002] No.125).

Villagers Committee (land compensation fee)

Villagers (houses, trees and other personal property)

Relevant units (compensation fees for various facilities)

46

10. MONITORING AND EVALUATION

In order to guarantee the smooth process of the land acquisition, housing demolition

and resident resettlement compensation, there are two kinds of supervision carried out

simultaneously by two independent organizations in different ways: the first, an internal

supervision system by the government to monitor according to RP terms in the angle of

administrative management; and the second, an external monitoring and evaluation

system by sociologists to assess whether resettlement objectives have been met.

10.1 The internal supervision

（1）The contents of the internal supervision

The contents of the internal supervision consist of two aspects: （i）the supervision to

the relevant area administrative management department, including project management

organization of county and village government; and （ⅱ） the supervision to the

compensation for the affected individuals according to RP terms.

The basic contents of the work：

a. If resident resettlement is carried out according to RP terms

b. If the affected individuals get enough compensation according to the formulations.

c. If more job opportunities are provided to the local residents taking advantage of the

project implementation.

d. If the affected individuals are satisfied with the new land for housing

e. If the affected individuals are satisfied with the compensation program.

f. If the living condition of the affected individuals are safe and proper

g. If the affected individuals get the redistributed land according to relevant regulation

h. If the effected individuals, who lose land, are satisfied with the quantity and quality

of redistributed land, living condition and production condition.

i. If the affected individuals are satisfied with their income change and rehabilitation

situation after land acquisition.

j. If the affected individuals are satisfied with the project staff’s working method,

attitude and effect.

k. If the information, notification, consultation and coordination are given to the

effected individuals according to the formulations.

l. If the expense is recorded in written form, especially the description of the cause of

overspending and resource of supplement.

m. If the effected individuals are permitted to appeal according to the formulations.

n. If the effected individuals or enterprises and satisfied with the results that some

staff get punishment because of their possible activities against the law.

o. If the implementation activities are completed in time which should be completed a

month before the project begins.

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（2）The method of internal supervision

Different contents of supervision is carried out in different ways. The local project

management organization should provide all kinds of data about land acquisition, housing

demolition and resident resettlement compensation:

（i）According to some quantified data such as land area, compensation standard,

compensation amount, resident’s income, questionnaire survey is adopted and the

sample households should not be lower than 20% of relocated households and 10% of

the total affected households. The obtained data of the sample households should be

restored for the purpose that it can be compared with a new one.

（ii）For some qualitative data such as resident’s opinions, attitude, complaints and

activities, the random interview or focused group discussions can also be used for

supervision. The ways of asking questions should be scientific.

（3）The implementation of the internal supervision

According to land acquisition, housing demolition and resident resettlement

compensation program, the internal supervision is at both the preparation stage and

implementation stage.

（4）The responsibilities of supervision agencies

（i）The supervision agencies should investigate the compensation standard,

compensation amount and scope carried out by the implementation organ, and the right to

assess, investigate and supervise the finished work or finishing work done by county-level

project organs

（ii）The supervision agencies should report or rectify the quantity, unit, and slope

which doesn’t accord with the formulations. Furthermore, the supervision organ also has

the right to announce to the pubic what is not correct after rectifying.

（iii）The supervision agencies should report and to help deal with some fierce

problems put forward by effected individuals or enterprises or announce it to the public.

（iv）The supervision agencies should prosecute to the local judicial office, if any staff

member hurt any individual’s or enterprise’s benefit taking advantage of his power.

（v）The supervision agencies should announce any incident which has been dealt

with but didn’t get enough effect and to prosecute again any activities against the law

which doesn’t get concerning punishment.

（5）Procedure and demand of supervision agencies

The supervision agencies should combine the responsibility to the government with

the responsibility to the affected individuals. They should summarize experiences and

lessons, and make a work record(log). The supervision agencies can have a meeting at

regular or irregular intervals and report relevant circumstances. Each season, the

supervision organ should give a written report to the project implementation organization

48

about the supervision work and dealing with the supervised incidents. Every three months,

a brief progress report of all the Project supervision work should be submitted to ADB;

summary of progress on resettlement should be included as applicable.

The county-level project management organ should collect supervision data from the

town (village)-level office and the monthly sample investigation. These data should

contain both household level and village level data. The collected data of every relevant

individual/household should be stored electronically and revised after every supervision

investigation.

The internal supervision report will be discussed in every regular meeting of the

project implementation organ.

10.2 The external monitoring and evaluation

In order to do the land acquisition, housing demolition and resident resettlement

compensation well, the project needs not only internal but also external supervision by a

qualified and independent monitor. The implementation organ will invite famous social

consultant organ to carry out independent external monitoring on the compensation of

land and relocation in order to fulfill the ADB’s policy thoroughly and correctly. The

supervision outline is as follows:

RP （Resettlement Plan) Monitoring and Evaluation Outline

Shaanxi Province Using Overseas Loan Project Office will engage famous social

consultant organ to undertake independent and fair monitoring and evaluation of the

process of land acquisition, housing demolition, compensation, residential relocation and

economic rehabilitation, in order to fulfill the ADB’s policy thoroughly and correctly.

（1）The contents of monitoring and evaluation

1）To check if the land acquisition, housing demolition, compensation and residential

relocation and economic rehabilitation is carried out according to RP terms.

2）To ensure if the activities are completed that should be completed before the

construction.

3）To determine the general target of land acquisition, housing demolition and

resident resettlement compensation and implementation degree of RP.

4）To determine if the compensation amount matches the property loss and whether

the affected individuals can resume their original income levels.

5）To determine how satisfied the affected individuals are with the land acquisition,

housing demolition, compensation, residential relocation, economic rehabilitation and

living conditions.

6） Satisfaction degree of affected individuals about land acquisition and resettlement

and quality and quantity of redistribution land.

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7）Satisfaction degree of affected individuals about location of resettlement and

difference of environment with the original location.

8）Satisfaction degree of affected individuals about compensation standard and

method of dismantled houses, buildings, ground attachment.

9）Satisfaction degree of affected individuals about subsidy standard and amount in

resettlement.

10）In the course of acquisition and resettlement, whether correlative institution and

local government consult fully with and assist affected individuals and whether any

forced/rushed dismantling and resettlement happened.

11）Supervision on fund flow of land acquisition and resettlement.

（2）Measures of supervision

1）To inspect in the land acquisition, housing demolition, compensation, residential

resettlement and economic rehabilitation progress and listen to review reports prepared

by the local project implementation organs.

2) As soon as the land acquisition and relocation begin, the Baseline Survey on the

affected area starts at the same time. The supervision number will be not lower than 10%

of the total households at Dianzhen Village.

3）The survey measures to the affected individuals are based on sampling and tracer

surveys. Mainly, the on-the-spot survey measure is adopted. To set up files of affected

villages and sample households. To collect data in regular interval and set up tracer card.

The sample survey should cover 20% of relocated households and no less than 10% of

the total affected households.

4) Random sample survey in regular and irregular intervals: mainly adopt symposium

and official household visit to understand the affected individuals’ problems and the

causes in the process of land acquisition, housing demolition and resident resettlement

compensation and understand the real information.

（3）Schedule of External Monitoring, Evaluation and Reporting

The external monitoring will begin as soon as the Project starts and will complete

when the Project finishes and a total evaluation of the external monitoring is handed in.

1）External Monitor will first conduct the Baseline Survey and prepare a report for

submission to QNBG and ADB.

External Monitor will monitor resettlement implementation to assess whether the

principles and proposed plans for land acquisition, housing demolition, compensation,

residential resettlement and economic rehabilitation are adequate, and will propose

recommended actions to rectify or improve implementation. This will be based on survey

and discussions with the affected individuals.

2 ） After the first supervision survey and from the first year of the project

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implementation, External Monitor will conduct investigations and survey every six months

during peak time of resettlement implementation; thereafter, evaluations will be conducted

once each year.

------Inspect and supervise the realization of the previous issues, recommended

actions and follow-up on the results.

------Carry on according to all the terms of this supervision outline.

3）If the supervision agencies think it is necessary, External Monitor can inspect and

survey more frequently.

4）The external supervision agencies should record every supervision activity in detail

and prepare a written report for submission to QNBG and ADB. The contents in the report

should include the experiences in the land acquisition, housing demolition compensation,

residential resettlement, economic rehabilitation, living conditions, and the existing or

remaining problems. The executive organ should find way to solve the existing problems

to improve their work after they receive the report.

5）After resettlement is completed, External Monitor should prepare a complete,

correct, detailed and objective completion report. Then, the company should discuss and

exchange ideas with QNBG; External Monitor should then finalize and submit the report to

ADB and prompt the construction organ to address any remaining problems.

51

Appendix : Notice by Xi’an Municipal People’s Government on Relocated People’s

Resettlement and Compensation Standard of QNBG Phase I and Other Problems

附件：西安市人民政府关于秦岭国家植物园项目一期移民搬迁安

置及补偿标准等有关问题的通知

来源： 西安市人民政府; 出自：西安市人民政府公报2010年第6期

秦岭国家植物园是省政府、国家林业局、中国科学院和市政府确定的生态建设项目。为了确保项目顺

利 实 施 ， 现 将 秦 岭 国 家 植 物 园 一 期 移 民 搬 迁 安 置 和 补 偿 标 准 等 有 关 问 题 通 知 如 下 ：

一 、 搬 迁 范 围

秦岭国家植物园建设移民搬迁涉及8个行政村25个村民小组979户4656人。其中，迁地保护区涉及搬迁2

个行政村13个村民小组，650户2730人；就地保护区，涉及搬迁6个行政村，329户1926人。

按照轻重缓急的原则，计划一期搬迁388户1582人，涉及到殿镇村5个组（一、八、九、十、十一组），

199户833人，涉及金凤村两个组（一、三组），151户594人，涉及田峪山区6个村38户155人。

二 、 安 置 范 围

规划建设金凤新村（金凤新村总规划466.5亩，其中一期占地100.5亩，安置171户，668人）和殿镇新村

（殿镇新村总规划344.2亩，其中一期占地123.5亩，安置217户，914人）两个安置点。金凤新村位于107

省 道 K117+000 公 里 处 路 北 ； 殿 镇 新 村 地 处 S107 省 道 南 约 300 米 ， 田 峪 河 东 400 米 。

三 、 征 地 补 偿

秦 岭 国 家 植 物 园 建 设 土 地 征 用 补 偿 费 、 补 助 费 执 行 以 下 标 准 ：

（ 一 ） 土 地 补 偿 和 补 助 费 ： 2.6 万 元 / 亩 。

（ 二 ） 青 苗 补 偿 费 ： 夏 季 530 元 / 亩 ， 秋 季 570 元 / 亩 。

（ 三 ） 社 保 资 金 ： 1.6 万 元 / 亩 。

四 、 拆 迁 安 置

（ 一 ） 调 查 摸 底

在拆迁前应对秦岭国家植物园建设拆迁范围内的建筑物面积、结构、类型，土地面积、类型，附着物及

52

种 植 物 的 种 类 、 数 量 的 进 行 调 查 摸 底 。

（ 二 ） 拆 迁 时 限 及 方 式

拆迁时限按照拆迁公告和拆迁协议执行；本次拆迁采取自拆、自行过渡的方式，过渡期限为6个月。

（ 三 ） 新 村 建 设 方 式

按照“统一规划、统一设计、统一安置”的原则，采取自建与统建相结合，以自建为主的方式规划建设

新村。新村的水、电、路、照明、绿化工程等公共设施由拆迁人统一规划建设；新村住宅房由设计单位

统 一 设 计 ， 安 置 户 按 照 其 选 择 的 住 宅 建 设 方 案 自 行 建 设 。

（ 四 ） 拆 迁 、 安 置 相 关 补 助 及 奖 励

1．拆迁工程费补助：凡在拆迁协议规定期限内自行拆迁的，经验收合格后，给予拆迁工程费补助，补助

标 准 为 评 估 补 偿 价 的 3% 。

2．移民搬迁补助：按照两个“5+1”移民搬迁补助标准（即按照每搬迁一人补助1000元，每户补助5000

元 ） 进 行 补 助 ， 每 户 约 1.8 万 元 。

3．建房施工补助：为加快搬迁进程和新村建设进度，并保证新村建设按照规划设计统一实施，确保搬迁

户在新村的居住条件不低于老村居住水平，综合考虑群众建新房承受能力，每户补助建房施工费1.4万元。

4．拆迁过渡补偿：拆迁过渡期限为6个月，过渡费按人计算，每人每月60元，核算到户。

5．搬迁（含回迁）补助：按户计算，每户补助300元。未按拆迁协议规定搬迁、回迁的，不支付搬迁、

回 迁 补 助 费 。

6．对于个别补偿补助后仍无建房能力的特困户，经民政部门核实后按有关政策予以资助。

7．拆迁奖励：自评估结果出台后，3日内能签字并开始动迁的，奖励评估补偿价的3%；按拆迁协议时限

要 求 拆 迁 完 毕 并 经 验 收 合 格 的 ， 奖 励 评 估 补 偿 价 的 4% 。

五 、 建 筑 物 、 构 筑 物 及 地 面 附 着 物 补 偿 标 准

（ 一 ） 建 筑 物 补 偿 基 准 价

在建筑物实际补偿执行中，实际补偿价=建筑物面积×建筑物补偿基准价×建筑物成新度，房屋装修部分

另 行 评 估 确 定 。

1．砖混结构分为四个等级：一级每平方米680元，二级每平方米660元，三级每平方米640元，四级每平

53

方 米 620 元 。

2．砖木结构分为三个等级：一级每平方米550元，二级每平方米530元，三级每平方米510元。

3．砖土木结构分为三个等级：一级每平方米430元，二级每平方米410元，三级每平方米390元。

4．土木结构分为三个等级：一级每平方米350元，二级每平方米330元，三级每平方米310元。

5 ． 简 易 房 划 分 为 两 个 等 级 ： 一 级 每 平 方 米 100 元 ， 二 级 每 平 方 米 80 元 。

6 ． 棚 舍 及 畜 禽 栏 舍 ： 每 平 方 米 25 元 。

（ 二 ） 附 属 建 筑 物 补 偿 标 准

砖混结构门楼1000元/个，砖木结构门楼600元/个，简易结构门楼300元/个；户外厕所200元/座；土围墙

20元/㎡，240砖围墙45元/㎡，120砖墙25元/㎡（粉刷每平方米补偿10元）；土灶台200元/个，水泥灶台

100元/米，砖锅头300元/个；土炕300元/个，楼板炕500元/个；手压井200元/眼，单头水龙头 20元/个，

单 头 含 池 水 龙 头 100 元 / 个 ； 砖 铺 地 面 10 元 / ㎡ ， 水 泥 地 面 厚 10 ㎝ 以 上 20 元 / ㎡ 。

（ 三 ） 坟 地 迁 移 费

3年以内新坟墓（含3年），每个坟头按500元标准补偿；3年以上的老坟墓，每个坟墓按300元标准补偿。

（ 四 ） 水 利 设 施 补 偿

喷灌设施，每亩按500元标准补偿；水泥“U”渠，“D80”80元/米、“D60”60元/米、“D40”40元/

米；水泥砌石渠，护坡240元/立方米，护底214元/立方米；深水井，每眼（100米以上）按10万元标准补

偿；水泥管每米 30—50 元；水泵按购置价折旧补偿；井房，按每座 5000 元标准补偿。

（ 五 ） 电 力 设 施 补 偿

变压器每台搬迁费按2000元标准补偿；配电房按每平方米150—200元补偿；农业用电线路，每米按10

元 标 准 补 偿 。

（ 六 ） 林 木 苗 木 补 偿

按 照 秦 岭 国 家 植 物 园 地 面 附 着 物 补 偿 参 考 标 准 据 实 补 偿 （ 见 附 表 ） 。

（ 七 ） 其 它 补 偿

产权合法的建筑物构筑物按照评估补偿标准进行补偿；对因多年禁建房形成的危房和婚嫁住房紧张等现

54

实情况造成的违章建筑，按评估补偿价的80%给予补偿，其余的违章建筑一律不予补偿；国家出资建设

的 水 利 、 电 力 等 设 施 不 予 补 偿 ， 但 拟 建 的 新 村 范 围 内 群 众 自 筹 部 分 予 以 补 助 。

六 、 组 织 实 施

（ 一 ） 组 织 实 施 机 构

在周至县秦岭国家植物园建设协调领导小组的统一领导下，由集贤镇人民政府负责组织实施移民搬迁和

新 村 建 设 工 作 。

（ 二 ） 搬 迁 实 施 步 骤 及 时 间 安 排

1．2010年3月前完成补偿清理新村安置点地面附着物、新村道路建设和水电配套工作。其中：（1）出

村路：殿镇新村出村路1.0公里，金凤新村出村路0.5公里，共计1.5公里。（2）街道：总长度9070.00米，

面积94098.00平方米。①金凤新村街道长度5240米，面积63522平方米。②殿镇新村街道长度3830米，

面积30576平方米。（3）两个新村布设低压线，实施部分饮水工程，完善主街道排水渠5公里。

2 ． 2010 年 底 前 完 成 拆 迁 和 安 置 建 房 工 作 。

（三）对于秦岭国家植物园建设环境保障协调工作机构所需的管理协调费等费用，按移民搬迁安置费的

6% 包 干 使 用 。

（四）秦岭国家植物园新村搬迁征地应缴的耕地开垦费、新增建设用地有偿使用费、耕地占用费、重点

水 利 建 设 专 项 基 金 等 税 费 按 照 国 家 有 关 规 定 缴 纳 。

（五）凡属拆迁范围内的一切建筑物、设施、树木、苗木等附着物，由所有人在限定时间内拆除清理，

不得借故拖延。对于无理阻拦和扰乱施工的，由公安机关按《治安管理处罚法》的有关规定严肃处理，

构成犯罪的，移送司法机关依法追究其刑事责任。

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