Updated Resettlement Plan PRC: Xinjiang Integrated Urban … · 2016. 11. 28. · Updated...

Updated Resettlement Plan

August 2016

PRC: Xinjiang Integrated Urban Development Project

Prepared by Kuitun City Construction Bureau (KCCB) for the Asian Development Bank. This is an updated version of the draft originally posted in February 2013 available on https://www.adb.org/projects/45508-002/main#project-documents

This updated 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. Your attention is directed to the “terms of use” section of this website.

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.

Kuitun Integrated Urban Development Project

II

ADB-financed Xinjiang Integrated Urban Development Project


Resettlement Plan

(Updated Impact Scope of the West Ditch, East Ditch and South Main Channel within Kuitun City)

Kuitun City Construction Bureau (KCCB)

31 August 2016

Contents

LETTER OF COMMITMENT ................................................ ERROR! BOOKMARK NOT DEFINED.

EXECUTIVE SUMMARY ....................................................................................................................... IV

1.OVERVIEW OF THE SUBPROJECT .................................................................................................. 1

1.1. INTRODUCTION............................................................................................................................. 1 1.2. OPTIMIZING THE SUBPROJECT DESIGN TO REDUCE RESETTLEMENT IMPACTS ....................... 3

2.IMPACTS OF THE SUBPROJECT ...................................................................................................... 4

2.1. TYPES OF IMPACTS...................................................................................................................... 4 2.2. IDENTIFICATION OF IMPACTS ....................................................................................................... 4

2.2.1. State-owned Land ........................................................................................................... 4 2.2.2. Temporary Land Occupation ....................................................................................... 6

2.3. IMPACTS OF HOUSE DEMOLITION ............................................................................................... 6 2.3.1. Residential Houses ........................................................................................................ 6 2.3.2. Commercial Stores ......................................................................................................... 7 2.3.3. Demolition of Enterprises .......................................................................................... 10

2.4. AFFECTED VULNERABLE GROUPS ........................................................................................... 10 2.5. AFFECTED POPULATION ........................................................................................................... 10 2.6. AFFECTED ETHNIC MINORITIES ................................................................................................ 10 2.7. AFFECTED ATTACHMENTS AND INFRASTRUCTURE .................................................................. 10

3.SOCIOECONOMIC PROFILE AND IMPACT EVALUATION ..................................................... 12

3.1. SOCIOECONOMIC PROFILE OF THE SUBPROJECT AREA .......................................................... 12 3.2. SOCIOECONOMIC SURVEY OF THE AFFECTED POPULATION ................................................... 12 3.3. SOCIOECONOMIC PROFILE OF THE AFFECTED POPULATION ................................................... 12

3.3.1. Demographics ............................................................................................................... 12 3.3.2. Age ................................................................................................................................... 13 3.3.3. Education ........................................................................................................................ 14 3.3.4. Occupation ..................................................................................................................... 15 3.3.5. Housing Conditions ..................................................................................................... 15 3.3.6. Household Assets ........................................................................................................ 16 3.3.7. Income and Expenditure ............................................................................................. 16

3.4. GENDER ANALYSIS ................................................................................................................... 18 3.4.1. Gender Differences in Education ............................................................................. 18 3.4.2. Gender differences in occupation and income ..................................................... 18

3.5. ANALYSIS OF AFFECTED WOMEN ............................................................................................. 20

4.LEGAL FRAMEWORK AND POLICIES ......................................................................................... 22

4.1. LAWS, REGULATIONS AND POLICIES APPLICABLE TO RESETTLEMENT .................................. 22 4.2. ADB’S POLICY REQUIREMENTS ON INVOLUNTARY RESETTLEMENT ...................................... 22 4.3. DIFFERENCES BETWEEN ADB AND PRC POLICIES ................................................................. 24 4.4. ELIGIBILITY AND BENEFICIARIES ............................................................................................... 25 4.5. COMPENSATION RATES ............................................................................................................ 25

4.5.1. Compensation Rates for State-owned Land .......................................................... 25 4.5.2. Woodland Compensation ........................................................................................... 26 4.5.3. Compensation Rates for Residential Houses ....................................................... 27 4.5.4. Compensation Rates for Commercial Stores ........................................................ 28 4.5.5. Compensation Rates for Attachments .................................................................... 28

4.6. ENTITLEMENT MATRIX ............................................................................................................... 29

5.RESETTLEMENT MEASURES ......................................................................................................... 33

5.1. OBJECTIVES OF RESETTLEMENT .............................................................................................. 33 5.2. RESETTLEMENT PROGRAM FOR DISPLACED HOUSEHOLDS .................................................... 33

5.2.1. Resettlement program for residential households .............................................. 33 5.2.2. Application procedure ................................................................................................. 35 5.2.3. Resettlement and Restoration Program for Commercial Stores ..................... 36

5.3. TRAINING ................................................................................................................................... 37 5.4. PROTECTION OF WOMEN’S RIGHTS .......................................................................................... 37


2

5.5. ETHNIC MINORITY DEVELOPMENT ............................................................................................ 38 5.6. RESTORATION OF INFRASTRUCTURE AND GROUND ATTACHMENTS ....................................... 38

6.PUBLIC PARTICIPATION AND GRIEVANCE REDRESS ............................................................ 39

6.1. CONSULTATION AT THE PREPARATION STAGE ........................................................................ 39 6.1.1. Completed Public Participation Activities ............................................................. 39 6.1.2. Option Survey Results ................................................................................................ 41

6.2. PUBLIC PARTICIPATION AND CONSULTATION PLAN ................................................................ 41 6.3. APPEAL PROCEDURE ................................................................................................................ 42 6.4. APPEAL CONTACT INFORMATION ............................................................................................. 42

7.RESETTLEMENT BUDGET .............................................................................................................. 44

7.1. RESETTLEMENT BUDGET .......................................................................................................... 44 7.2. ANNUAL RESETTLEMENT PLAN ................................................................................................. 49 7.3. DISBURSEMENT FLOW AND PLAN OF RESETTLEMENT FUNDS ................................................ 49

7.3.1. Disbursement flow ....................................................................................................... 49 7.3.2. Disbursement plan ....................................................................................................... 49

8.ORGANIZATIONAL STRUCTURE AND RESPONSIBILITIES ................................................... 50

8.1. RESETTLEMENT ACTION AGENCIES ......................................................................................... 50 8.2. ORGANIZATIONAL QUALIFICATIONS AND STAFFING ................................................................ 50 8.3. DIVISION OF RESPONSIBILITIES AMONG AGENCIES ................................................................. 51

8.3.1. Subproject Leading Group ......................................................................................... 51 8.3.2. Kuitun PMO .................................................................................................................... 51 8.3.3. KCCB ............................................................................................................................... 52 8.3.4. Affected sub-district offices ...................................................................................... 52 8.3.5. Community committees .............................................................................................. 52 8.3.6. Design agency ............................................................................................................... 52

8.4. MEASURES TO STRENGTHEN INSTITUTIONAL CAPACITY ......................................................... 53 8.4.1. Training Program for Resettlement Management Staff ...................................... 53 8.4.2. Measures for Improving Resettlement Agencies ................................................. 53

9.RESETTLEMENT IMPLEMENTATION PLAN .............................................................................. 54

9.1. WORK BEFORE RESETTLEMENT IMPLEMENTATION ................................................................. 54 9.2. WORK DURING RESETTLEMENT IMPLEMENTATION .................................................................. 55 9.3. WORK AFTER RESETTLEMENT IMPLEMENTATION .................................................................... 55

10.MONITORING AND EVALUATION ............................................................................................... 57

10.1. INTERNAL MONITORING ........................................................................................................ 57 10.1.1. Purpose ........................................................................................................................... 57 10.1.2. Organization and staff ................................................................................................. 57 10.1.3. Scope of Internal Monitoring ..................................................................................... 57 10.1.4. Internal monitoring reporting .................................................................................... 58

10.2. EXTERNAL MONITORING ....................................................................................................... 58 10.2.1. Scope and Methodology of External Monitoring .................................................. 59 10.2.2. External monitoring reporting ................................................................................... 59

APPENDIX 1: DUE DILIGENCE REPORT ON THE WEST DITCH’S RESETTLEMENT ........ 71

APPENDIX 2: APPLICABLE LAWS, REGULATIONS AND POLICIES ........................................ 92

APPENDIX 3 RESETTLEMENT INFORMATION BOOKLET (RIB) ............................................ 97

APPENDIX 4: TERMS OF REFERENCE FOR EXTERNAL MONITORING ............................. 105


III

Abbreviations

ADB - Asian Development Bank

AH - Affected Household

AP - Affected Person

DMS - Detailed Measurement Survey

EA Executive Agency

EMDP Ethnic Minority Development Plan

FGD - Focus Group Discussion

FSR Feasibility Study Report

HD - House Demolition

IA Implementation Agency

KCCB - KuitunCity Construction Bureau

KCG - KuitunCity Government

KFB KuitunCity Forestry Bureau

KHDMO KuitunCity House Demolition Management Office

KLRB KuitunCityLand and Resources Bureau

LA - Land Acquisition

M&E - Monitoring and Evaluation

MLS - Minimum Living Security

PMO - Project Management Office

PRC - People’s Republic of China

RIB - Resettlement Information Booklet

RP - Resettlement Plan

XUAR - Xinjiang Uygur Autonomous Region

Units

Currency unit = Yuan (CNY)

1.00 yuan = $0.15

1 hectare = 15 mu


IV


V

Executive Summary

This Resettlement Plan (RP) is a version updated from its original RP (25 February

2013) for impact scopes of land acquisition and resettlement (LAR) of the section of

the West Ditch and East Ditch, and the Old South Main Channel managed by

KuitunCity. The LAR impacts of channels within Tainbei New District are not included

in the RP because their detailed measure survey (DMS) has not been completed.

Therefore, the West Ditch and East Ditch mentioned in the RP mean that the sections

of the two ditches managed by Kuitun City. The project mentioned in the RP means

construction of the two ditches and the South Main Channel.

The design right-lines of the two ditches and channel are as the same as those in the

original RP, so a total land area affected by the project is not changed. In addition,

involving all of 32 resident households and 2 enterprises, 36 commercial storesof 46

commercial stores had been completed demolition in West Ditch, the completed part

of content is contained in Appendix 1 due diligence report and is no longer included in

this updated "Resettlement Plan". Therefore, the updated impact scope of LAR is only

involved in remaining 10 commercial stores in the West Ditch and house demolition

and ground attachment due to construction of East Ditch. Compared with the original

RP, the main changes in this RP as presented in following table:

No. Original RP This RP

1 Included all impacts of LAR in both Kuitun City and Tianbei New District

Only included impacts of LAR of three ditches/channels within Kuitun City

2 Impact Scope in Kuitun City Impact Scope in Kuitun City

2.1 LA area:606.22mu, only stated-owned land without any cultivated land

Same

2.2

HD area of residents: 9633.69m2,

AH:62, AP:219 persons HD area of residents: 11,498.72 m

2, AH:

29, AP: 100 persons. Not included completed all of 32 households, 119 persons, and 5,312.09 m

2 of demolition

works in the West Ditch.

2.3

HD area of shops or stores: 2886.23 m

2, AH:44, AP:95 persons

HD area: included totaled business and non-business housing of 4,777.73 m

2,

AH: 12, AP: 38 persons. Not included completed all of 36 households, 64 persons, and 9,638.91 m

2 of demolition

works in the West Ditch. 2.4 HD area of enterprises: 3438.54 m

2, HD area of enterprises: Not involved.


VI

AH:3, AP:25 workers Not included completed 2 enterprises,

2,042.42 m2 of demolition works in West

Ditch.

2.5

Ground attachments include public facilities such as poles and many types of trees

The public facilities such as poles are not changed, while number and type of trees will be determined during negotiation

3

Laws and regulations and compensation standards: including Laws and regulations related to acquisition of stated owned cultivated land for Tianbei New District

Relevant laws and regulations are not changed but those related to acquisition of stated owned cultivated land for Tianbei New District are not included

4 Resettlement measures: included recovery measures for farming and breeding of Tianbei New District

Not included recovery measures for farming and breeding of Tianbei New District

5

Budget: total 195.4283million Yuan, including all for LAR of both KuitunCity and Tianbei New District

Total budget is 53.2756million Yuan without Tianbei New District and the

West Ditch paid.

A. Introduction

In order to further improve Kuitun City’s urban infrastructure, ecological and living environment, and image, improve flood control capacity, and adapt to economic and social development, Kuitun City Government (IA) plans to implement the Subproject using an ADB loan. The Subproject consists of five components: (1) river channel management; (2) construction of flood drainage channel facilities; (3) shelter forest cultivation; (4) waste disposal and sewage interception; (5) not-for-profit water management. The Subproject is a subproject of the ADB-financed Xinjiang Integrated Urban Development Project, and the implementing agency (IA) of the Subproject is Kuitun City Construction Bureau (KCCB). See the main text of this RP for details.

B. Impacts of the Project

The construction of the West Ditch, the East Ditch and the South Main Channel of the project will affect 3 communities, which involve permanent land acquisition (LA) and house demolition (HD) on both embanks of the ditches or channel. The LA will not involve any cultivated farmland so not affect any persons, but involve some public facilities and trees. The HD will affect local residents, and some shops or stores or enterprises along the ditches. The project will not involve acquisition of any collective land, but will acquire permanently state-owned land of 606.22 mu, including (i) unused land of 172.7 mu; (ii) construction lands of 382.1 mu, and housing land of 3.86 mu; and (iii) forestry of 47.57 mu. The construction of the project needs to demolish residential houses of 11,498.72 m2

(including stockbreeding houses) and affect 29 households with 100 persons (including 3 stockbreeding households with 16 persons), of which 1 household is ethnic minority (EM) households with 4 persons; 12 small businesses (shops and stores) will be affected by structure demolition of 4,777.73 m2 and 38 persons will be affected and ethnic minority are not be involved. In addition, some ground attachments will be affected by LA and HD.

In addition, all affected of 32 residents demolition households with 5,312.09 m2 and 2 enterprises with 2,042.42 m2 had been completed demolition in the West Ditch from 2013 to end of August 2016, 36 of 46commercial stores had been completed demolition with 9638.91 m2. The demolition, compensation and resettlement situation of these demolition households are described in detail in external resettlement monitoring reports and are described in this Resettlement Plan - Appendix 1: Due


VII

Diligence Report.

C. Policy framework and entitlements

According to the Land Administration Law of the PRC and ADB’s Safeguard Policy Statement (2009), the resettlement principles of the Project are: (1) The APs are granted compensation and rights that can at least maintain or even improve their livelihoods in the absence of the Project; (2) The APs are given compensation based on replacement cost and assistance in resettlement whether legal title is available or not; (3) The APs fully understand their entitlements, the method and standard of compensation, the livelihood and income restoration program, and the project schedule, and participate in the implementation of the RP; (4) The EA (KCG) and an independent agency / third party shall monitor the compensation, relocation and resettlement operations; (5) The vulnerable groups shall be provided special assistance or treatment so that they lead a better life, and all APs shall have an opportunity to benefit from the project; (6) The RP is consistent with the master plans of the affected city (district, county); and (7) The resettlement budget is sufficient to cover all affected aspects.

D. Compensation and resettlement

The compensation standards and resettlement measures are not changed in this RP. The entitlements do not include LA households of cultivated land any more. According to the survey for affected households ’willingness, the households affected by HD will have the options of cash compensation. The affected stockbreeding houses will have the options of cash compensation, property swap, unified house construction or self-construction under unified planning. The affected commercial stores will have the options of cash compensation or property swap. The affected enterprises will be subject to cash compensation and relocation to allocated land.

E. Agencies responsible

The IA will be responsible for project implementation, LA, HD and resettlement, and coordination. The LA and HD management office will be composed of officials of the land resource bureau, forest bureau, house demolition management office, and each affected sub-district office or community committee will provide one member to the office to be responsible for LA, HD, resettlement and income restoration activities.

F. Public participation

From November 2011 to June 2012, a census and impact survey (DMS) based on FSR was conducted on population, houses, land, special facilities, APs and economic organizations in the subproject area. From July to September 2012, the ADB technical assistance experts, RP preparation agency and PMO conducted a supplementary socioeconomic survey on affected residents, firms and organizations, to obtain quantities of affected population, structures, lands, special facilities in the project impact area, and a public opinion survey on Kuitun APs and agencies concerned. These surveys were designed to enable the IA and design agency to understand the local conditions and the APs’ concerns. Also meetings were held with KCG, the PMO, sub-district offices, land and resources bureau, civil affairs bureau, women’s federation, urban construction planning bureau and other related government agencies. The APs have been involved in RP preparation on various occasions, such as meetings, surveys and community FGDs, and their concerns and comments have been incorporated into this RP.

G. Grievance redress

The APs may file appeals about any aspect of the Subproject, such as LA,


VIII

resettlement, income restoration and compensation. The appeal procedures have been provided in this RP and RIB and details will be explained prior to land acquisition and house demolition.

H. Costs

According to the FSR and subsequent surveys, resettlement costs amount to 53.2756 million yuan, which will be adjusted as the case may be during implementation. The IA will ensure that adequate resettlement funds will be available in a timely manner to cover all necessary resettlement issues.

I. Schedule

After the previous RP prepared during the PPTA was approved by ADB, LA and HD of West Ditch were commenced one after another and up till now most of the HD are completed, the remaining 10 commercial stores are being still worked. This updated RP focuses on the LA and HD of East Ditch and the remaining HD of the West Ditch. Therefore, it is planned to begin in October2016 and complete in December 2017. Construction will begin only after full compensation has been paid to the APs.

J. M&E and reporting

Resettlement implementation will be subject to internal and external monitoring. Internal monitoring will be performed by the IA, and an internal monitoring report will be submitted to ADB regularly, covering the progress of resettlement implementation, to confirm whether this RP and the compensation policies are compiled with. The PMO will appoint an independent agency to conduct external monitoring and evaluation (M&E), and develop M&E reports on resettlement progress, compensation disbursement and other measures to ensure that the living standards of the APs are maintained or improved and their livelihoods are either not affected or fully restored.


1

1. Overview of the Subproject

1.1. Introduction

1. The Subproject is a subproject of the ADB-financed Xinjiang Integrated Urban Development Project. Kuitun City is a county-level city affiliated directly to Yili Kazakh Autonomous Prefecture. Kuitun City has grown into an important city in northern Xinjiang for its advantaged geographic position and economic base. 2. The Subproject consists of river channel management, shelter forest cultivation, construction of flood drainage channel facilities, urban sewer network improvement and leakage monitoring, and waste disposal and sewage interception. See Table 1-1. Locations of the components are shown in Figure 1-3 and 1-4.

Table 1-1 Overview of the Components

No. Component Brief description

1 River channel management

Improving three flood drainage channels in the urban area, with a total length of 6.939km, in which west channel is 1.605km long between Akesu Road Bridge and Urumqi West Road Bridge; east channel #1 branch

0.999km between New Main Channel joint and Old Main Channel joint；

south channel 3.732km between one end of east channel #1 branch and

existing East Ditch； and East Ditch 0.603km between Urumqi East Road

Bridge and Qingquan Street Bridge; construction of flood control and emergency response roads with a total length of 6.939km along the channels

2 Shelter forest

cultivation Construction of shelter forests with a total area of 18.1ha, cultivation of 4.3601 trees, irrigation by dripping and spraying

3 Construction of flood drainage

channel facilities

Construction of 6 ladders and 2 grit chambers; construction and reconstruction of aqueduct each; construction of 4 bridges, reconstruction of 6 bridges, with 22 structures in total

4

Urban water supply network

improvement and leakage monitoring

Reconstruction of water supply main pipelines with a total length of 5.33km; replacement of 1,800 water meters for community households; pipe network upgrading 4.1km; installation of an GPRS urban water supply network dispatching and monitoring system

5 Waste disposal Construction of 4 public toilets in Wenying Garden and Hulanbrak community, setup of 71 fixed container waste bins for domestic waste and 70 waste bins along flood control roads

Source: updated data provided by KPMO.

Figure 1-1 Present Situation of the West Ditch of the Flood Drainage Channel Figure 1-2 Present Situation of the East Ditch of the Flood Drainage Channel


2

Figure 1-3Schematic Map of Flood Control Works

Figure 1-4 Proposed River Channels and Affected Communities

3. This updated RP involves one section of the West Ditch and one section of the East Ditch within Kuitun City area of the urban flood drainage system and the South Main Channel. The section of the West Ditch is 1.605km long between Akesu Road in the south and Urumqi West Road in the north. The section of the East Ditch is 0.601km long between Urumqi East Road in the south and Qingquan Road jn the north. The

The involved ditches in this plan are three-section ditches in red line in figure


3

South Main Channel is 3.732km long and will connect with the East Channel #1 Branch in the west and the existing East Ditch in the east.

1.2. Optimizing the Subproject Design to Reduce Resettlement Impacts

4. The PMO, Kuitun Construction Bureau(IA) and design agency have adjusted the boundary line width for the planned flood drainage channels from 170m to 60-80m based on field investigation, after consultation with the government departments concerned, community committees and APs. 5. After the adjustment of the red property line, the LA , HD, AHs and Apsin the subproject impact area in Kuitun City and Tianbei New Zone have been reduced substantially (see Table 1-2).

Table 1-2 Comparison of the Affected Area before and after Design Optimization

Item Unit Before design

optimization

After design

optimization Difference

LA

Total State-owned land mu 2972.53 2178.41 -794.12

Where: state-owned

construction land mu 1125.44 848.57 -276.87

Unused land mu 989.62 553.44 -436.18

Woodland mu 279.36 222.17 -57.19

Housing land mu 35.27 21.71 -13.56

Cultivated land mu 742.84 532.57 -210.27

HD

Residential houses m2 62035.52 31781.92 -30253.6

Commercial stores m2 18534.7 4236.23 -14298.47

Enterprises m2 11576 4545.54 -7030.46

Subtotal m2 102146.22 40563.65 -61582.57

Acquisition of

cultivated land

Number of AHs / 28 19 -9

Affected population / 93 66 -27

HD

Residential houses / 282 157 -125

Affected population / 1027 600 -427

Commercial stores / 64 56 -8

Enterprises / 8 4 -4

Source: FSR and impact survey (DMS)

6. This updated RP takes the revised red property line mentioned above and the land impact remains the same but DMS of HD is conducted. 7. In addition, all affected of 32 residents demolition households with 5,312.09 m2 and 2 enterprises with 2,042.42 m2 had been completed demolition in West Ditch from 2013 to end of August 2016, 36 out of 46 commercial stores had been completed demolition with 9,638.91 m2. The demolition, compensation and resettlement situation of these demolition households are described in detail in external resettlement monitoring reports and are described in this Resettlement Plan - Appendix 1: Due Diligence Report.


4

2. Impacts of the Subproject

2.1. Types of Impacts

8. Based on the detailed measurement survey (DMS) of property losses, the main types of impacts of the Subproject include:

(1)Land acquisition / occupation (2)Demolition of residential houses and attachments; (3)Demolition of non-residential properties (enterprises and commercial stores);

and (4)Losses of ground attachments and infrastructure.

2.2. Identification of Impacts

9. The Subproject of construction of all channels will affect 606.22 mu of state-owned land (no cultivated land involved) and 16,276.45 m2 of house demolition. The permanent land acquisition (LA) and house demolition (HD) for the construction will affect 3 communities (Wenying Garden of the West Ditch, and Hulanbrak and Donghui Garden of the East Ditch), 138 persons including 100 persons from 29 HD affected households (of which 16 APs from 3 stock breeding households), including 4 ethnic minority persons from 1 household, and 38 persons from 2 commercial stores. Please refer to Table 2-1 for details.

2.2.1. State-owned Land

10. The Subproject does not involve the acquisition of collective land, but will acquire 606.22 mu of state-owned land, including 172.7 mu of state-owned unused land, 385.96 muof state-owned construction land (including 3.86 mu of housing land), and 47.57 mu of state-owned woodland. No state-owned cultivated land will be affected. See Table 2-2.


5

Table 2-1: Identification of Resettlement Impacts

Components

Permanent LA Demolition of residential houses

Commercial stores State-owned land

Residential houses (including stockbreeding households)

Where, stockbreeding households

1

Co

ns

truc

tion

lan

d (m

u)

Un

us

ed

lan

d (m

u)

Wo

od

lan

d (m

u)

Ho

us

ing

lan

d (m

u)

Dem

olitio

n a

rea

(m2)

AH

s

Affe

cte

d p

op

ula

tion

Min

ority

HH

s

Min

ority

po

pu

latio

n

AH

s

Affe

cte

d p

op

ula

tion

Min

ority

HH

s

Min

ority

po

pu

latio

n

Dem

olitio

n a

rea

(m2)

Nu

mb

er a

ffec

ted

Affe

cte

d w

ork

forc

e

Nu

mb

er o

f sh

op

s o

pe

rate

d b

y E

M

Min

ority

po

pu

latio

n

Wes Ditch 71.74 135.27 14.19 2.9 0 0 0 0 0 0 0 0 0 4393.05 10 33 0 0

South Main Channel

261.11 24 33.38 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

East Ditch 49.24 13.43 0 0.96 11498.72 29 100 1 4 3 16 0 0 384.68 2 5 0 0

Total 382.1 172.7 47.57 3.86 11498.72 29 100 1 4 3 16 0 0 4777.73 12 38 0 0


1Although the whole subproject area is located in the urban area, many urban residents deal with stockbreeding in the suburb. Since HD will affect their livelihoods

directly, the stockbreeding households are listed separately in this RP.


6

Table 2-2: Statistics of State-owned Land Acquired

Scope of

construction

State-

owned

unused

land

State-

owned

cultivated

land

State-owned

construction

land

State-owned

housing

land

State-

owned

woodland

Subtotal

West Ditch 135.27 0.00 71.74 2.90 14.19 224.10

South main canal 24.00 0.00 261.11 0.00 33.38 318.49

East Ditch 13.43 0.00 49.24 0.96 0.00 63.63

Total 172.70 0.00 382.10 3.86 47.57 606.22

Source: FSR and impact survey (DMS)

2.2.2. Temporary Land Occupation

11. In the urban water supply network improvement and leakage monitoring component, water supply pipelines of Luboli Community and some roads will be reconstructed, which will occupy roads and green belts with a total area of 56.58 mu temporarily during construction, for period of up to 2 weeks.

2.3. Impacts of House Demolition

2.3.1. Residential Houses

12. The demolition of residential houses for the Subproject will affect 29 households with 100 persons (including 3 stockbreeding households with 16 persons), including 1 ethnic minority household with 4 persons. The houses demolished are mainly single-storied buildings beside channels, in masonry concrete, masonry timber and earth timber structures mainly. The demolition area of residential houses is 11,498.72 m2, including 2,333.43 m2 in masonry concrete structure (20.3%), 5,600.86 m2 in masonry timber structure (48.7%), 3293.15m2in earth timber structure (28.6%) and 271.28m2 in color plate structure (2.4%). See Table 2-4.

Figure 2-1 Present Situation of Demolished Residential Houses


7

Table 2-3 Summary of Demolished Residential Houses

Item

Structure

Subtotal Masonry concrete

Masonry timber

Earth timber Color plate

Main rooms 1163.2 665.24 885.51 0 2713.95

Wing rooms 0 397.67 0 0 397.67

Other rooms

Stables 992.84 1491.57 808.53 0 3292.94

Basements 29.16 0 0 0 29.16

Sheds 148.23 2938.27 1599.11 271.28 4956.89

Simple sheds 0 108.11 0 0 108.11

Total 2333.43 5600.86 3293.15 271.28 11498.72

Item HHs Population

Affected population 29 100

Where: stockbreeding households

3 16

Where: minority population

1 4

Source： updated data provided by KPMO。

2.3.2. Commercial Stores

13. 12 commercial stores with 38 workers will be affected by HD for the Subprojectwith a demolition area of 4777.73 m2, and not involved minority workers. These stores are mostly located at the Tuoli Streetwhich is at the front of the West Ditch. See Tables 2-5 and 2-6.This detail measure survey included for all kinds structures for businesses such as main and attached houses, workshops and storage structures, so the total structure area is much larger than the original area in the previous RP

Figure 2-2: Present Situation of Demolished Commercial Stores


8

Table 2-4 Statistics of Demolished Commercial Stores

Item

Demolition area (m2)

Number of affected stores

Affected workforce

Number of minority stores

affected

Affected minority

workforce Operating

stores

Motor repair, machining,

storage facilities

West Ditch 4393.05 0 10 33 0 0

South Main Channel

0 0 0 0 0 0

East Ditch 384.68 0 2 5 0 0

Total 4777.73 0 12 38 0 0

Source: updated data provided KPMO


9

Table 2-5 Operating Statistics of Affected Commercial Stores

No. Name Address Proprietor Type of business Business

status

Annual

profit

(yuan)

Affected workforce

Number Men Women

West Ditch

1 Machining

Tuoli Street

LB Machining Ordinary 16000 4 2 2

2 Residential Building along the Street MMTAJ

MTH1

0 0 0

3 Taichuan Isuzu Repair ZDF Auto Repair Good 20000 5 5

4 Residential Building along the Street TMPAJ1 0 0 0

5 Numerical Control Machining ZQS Machining Good 18000 4 3 1

6 KuitunHailan Auto Repair ZSL Auto Repair Good 21000 6 5 1

7 Dongfeng Machining ZDF Machining Good 18000 4 3 1

8 Dongfeng Machining ZDF Machining Good 17000 4 4

9 Dongfeng Machining ZDF Machining Good 20000 5 3 2

10 Huiying Store MCL General merchandising Good 12000 1 1

East Ditch

11 Qiaotao Convenient Super Market Hulanbrak

GXS Basic commodities Good 20000 2 1 1

12 Yingbao Grain & Oil Store GXS Basic commodities Good 18000 3 2 1


Note: 1. The two houses are located in a row of facade room in street, surveyed and counted ascommercial stores, but in fact there is no business

activities. The number of affected person by ethnic minority is included in resident statistics.


10

2.3.3. Demolition of Enterprises

14. The Subproject is not involved enterprises.

2.4. Affected Vulnerable Groups

15. Vulnerable groups refer to individuals and households below the minimum living

security standard (MLS) of Kuitun City (240 yuan/month/person), as well as orphans,

old people, the disabled, the mentally handicapped, and women-headed households.

According to the survey, there are no vulnerable groups among affected people in

project demolition scope.

2.5. Affected Population

16. 138 urban persons in 3 communities in Kuitun City will be affected by permanent

LA and HD for the Subproject, including a minority population of 4, accounting for 2.9%

of affected population. See Table 2-10

Table 2-6: Statistics of the Affected Population

Item

Acquisition of

state-owned

cultivated land

Demolition of

residential houses

Affected commercial

stores

AH

s

Affe

cte

d p

op

ula

tion

Min

ority

HH

s

Min

ority

popu

latio

n

Num

ber a

ffecte

d

Affe

cte

d w

ork

forc

e

Min

ority

HH

s

Min

ority

popu

latio

n

AH

s

Affe

cte

d

popu

latio

n

West Ditch 0 0 0 0 0 0 10 33 0 0

South Main

Channel

0 0 0 0 0 0 0 0 0 0

East Ditch 0 0 29 100 1 4 2 5 0 0

Total 0 0 29 100 1 4 12 38 0 0

Source: updated data provided by KPMO

2.6. Affected Ethnic Minorities

17. 1 minority household with 4persons will be affected by the demolition of

residential houses. The affected minority persons are Uygur people. The affected

ethnic minorities enjoy the same social and economic status as local Han people, and

keep their ethnic living and religious customs only.

2.7. Affected Attachments and Infrastructure

18. The affected ground attachments and infrastructure in the project, as shown in

Table 2-12.


11

Table 2-7Affected Attachments and Infrastructure

Item Kuitun City

Qty.

Telegraph pole Cement telegraph pole 17

Wood telegraph pole 35

Toilets 10

Vegetable cellars (m3) 0

Storage pits 4

Elm

<5cm 38

5-15cm 144

15-30cm 50

>30cm 1

Poplar

≦5cm 13

5-15cm 42

15-30cm 4

≧30cm 1

Willow

≦5cm 5

5-15cm 2

15-30cm 9

≧30cm 7

Fruit trees ≦5cm 717

5-15cm 0

Date 5-15cm 0

Walnut 5-15cm 0

Peach 5-15cm 0

Diversifolious poplar ≦5cm 0

Source: social and economic survey


12

3. Socioeconomic Profile and Impact Evaluation

3.1. Socioeconomic Profile of the Subproject Area

19. KuitunCity is a county-level city affiliated directly to YiliKazakh Autonomous

Prefecture. In 2015, the city’s GDP was 12 billion yuan, in which gross industrial

output value accounted for 37.7%, while value of agriculture, forestry, stockbreeding

and fishery accounted for 5.9%，and tertiary industries value accounted for 56.4%. In

2015, the city’s per capita disposable income of urban residents was 26,960 yuan,per

capita nonproductive expenditure of urban residents 20,780 yuan, and per capita net

income of farmers and herdsmen 13,230 yuan. At the end of 2015, the city’s

population was 157,600 yuan, in which minority population accounted for 6.8%.There

are 29 ethnic minorities, including Kazak, Hui, Uygur and Mongolian.

3.2. Socioeconomic Survey of the Affected Population

20. From July to September 2012, the ADB technical assistance experts and RP

preparation agency conducted a socioeconomic survey using two methods –

interview and questionnaire survey.

21. The socioeconomic survey covers the six communities and all the APs affected

directly by the Subproject. See Table 3-1.

Table 3-1 Types of Impacts and Population Covered in the Survey

No. Type of impact Community Sample

households Sample population

1

Demolition of

residential houses

Aktam 16 49

2 WenyingGarden 17 60

3 FengdengGarden 20 59

4 Hulanbrak 29 112

5 TunfuGarden 36 165

6 Tianbei Community 39 155

7 Acquisition of

cultivated land State-owned farm 19 66

10 Total 176 666

Source: socioeconomic survey

3.3. Socioeconomic Profile of the Affected Population

3.3.1. Demographics

22. The demographics of the APs are shown in Table 3-2. The affected population

covers different genders, educational levels and occupations, including 340 men and

326 women; 629 Han people, 34 Uygur people and 3 Hui people; 13 are illiterate or

semiliterate persons, 22 are pre-school children, 176 have received primary school

education, 257 have received junior high school education, 128 have received senior

high school or secondary technical school education, and 77 have received college or

above education.


13

Table 3-2 Demographics of the Affected Population

Item Men Women Total

Number Percent Number Percent Number Percent

HHs 176

Average population 3.78

Age

0-5 years 10 1.50% 12 1.80% 22 3.30%

6-15 years 43 6.46% 33 4.95% 76 11.41%

16-25 years 36 5.41% 33 4.95% 69 10.36%

26-35 years 79 11.86% 88 13.21% 167 25.08%

36-55 years 137 20.57% 126 18.92% 263 39.49%

55-70 years 20 3.00% 18 2.70% 38 5.71%

>70 years 15 2.25% 16 2.40% 31 4.65%

Total 340 51.05% 326 48.95% 666 100.00%

Ethnic group

Han 318 47.75% 311 46.70% 629 94.44%

Uygur 20 3.00% 14 2.10% 34 5.11%

Hui 2 0.30% 1 0.15% 3 0.45%

Total 340 51.05% 326 48.95% 666 100.00%

Educational level

Illiterate or semiliterate 6 0.90% 7 1.05% 13 1.95%

Pre-school 10 1.50% 12 1.80% 22 3.30%

Primary school 81 12.16% 95 14.26% 176 26.43%

Junior high school 143 21.47% 114 17.12% 257 38.59%

Senior high school or secondary

technical school 68 10.21% 60 9.01% 128 19.22%

Junior college or above 32 4.80% 45 6.76% 77 11.56%

Total 340 51.05% 326 48.95% 666 100.00%

Occupation

Crop cultivation 25 3.75% 23 3.45% 48 7.21%

Stockbreeding 57 8.56% 49 7.36% 106 15.92%

Government or public institution 22 3.30% 15 2.25% 37 5.56%

Business 38 5.71% 29 4.35% 67 10.06%

Industry 14 2.10% 8 1.20% 22 3.30%

Student 66 9.91% 59 8.86% 125 18.77%

Retired 10 1.50% 17 2.55% 27 4.05%

Service 23 3.45% 39 5.86% 62 9.31%

Casual labor 74 11.11% 67 10.06% 141 21.17%

Laid-off 7 1.05% 13 1.95% 20 3.00%

Unemployed 4 0.60% 7 1.05% 11 1.65%

Total 340 51.05% 326 48.95% 666 100.00%

Source: socioeconomic survey, N= 666

Notes: (1) Here, retiring age means 65 years for men or 60 years for women, so labor force is

below this age and above 16 years, and not at school; (2) The above analysis includes

persons affected by the demolition of residential houses (including stockbreeding households)

and LA only.

3.3.2. Age

23. The largest age group (accounting for 39.49% of the sample size) is 36-55

years, where men and women account for 20.57% and 18.92% respectively, which is


14

the main part of labor force. The age group of 16-25 years accounts for 10.36% of the

sample size, and students in this group is not included in labor force, while others in

this group is included in labor force. In addition, the age group of 26-35 years is also

part of labor force, accounting for 25.08%. These three groups are the main part of

labor force(see Figure 3-1).

Figure 3-1 Age Distribution of the Affected Population

24. Many family members (above 60 years for men and 55 years for women) still

deal with social labor regularly, so actual labor force should be defined as men aged

16-65 years and women aged 16-60 years not at school. According to this definition,

labor force accounts for over 78% of the sample population.

3.3.3. Education

25. 38.59% of the respondents have received junior high school education, followed

by primary school and senior high school / secondary technical school,accounting for

26.43% and 19.22% respectively. 30.78% of the respondents have received or are

receiving senior high school or above education, and those illiterate or semiliterate

that account for 1.95% of the sample population are aged above 60 years.It can be

seen that the educational level structure of the affected population is in a normal

distribution, where those with low (e.g., primary school) and high(e.g., junior college or

above) educational levels account for low proportions, while those with

moderateeducational levels (e.g., junior high school)account for the highest proportion.

In addition, among those having received secondary or higher education, there are

more men than women, indicating that the overall education level of women in the

affected population has improved to some extent. During project implementation,

attention should be paid to the protection of women’s rights and interests, and skills

training for women(see Figure 3-2).


15

Figure 3-2 Educational Level Distribution of the Affected Population

3.3.4. Occupation

26. Among the sample laborers, 7.21% deal with crop cultivation, 15.92% with

stockbreeding,3.3% with industry and 10.06% with business, and 21.17% do

temporary jobs. See Figure 3-3.

Figure 3-3 Occupation Distribution of the Affected Population

3.3.5. Housing Conditions

27. According to the socioeconomic survey, housing size ranges from 55m2 to 493.6

m2, with an average housing size of 202.43 m2(see Table 3-3).


16

Table 3-3 Living Conditions of the Sample Households

Item Sample

households Min. Max. Average St.d.

Number of rooms 176 3 12 5.2 4.69

Housing size (m2) — 55 493.60 202.43 147.90


3.3.6. Household Assets

28. Among the sample households, the overall possession rates of TV sets and cell

phones are 100%, and the average quantities per household are 0.7 and 1.8

respectively. The overall possession rates of fixed telephones, washing machines and

PCs are over 70%, reflecting that households pursue quick, efficient modern life. See

Table 3-4.

Table 3-4Statistics of Electric Home Appliances and Other Assets of AHs

Item HHs Possession

rate

Average qty. per

household

Average qty. per

capita

Air-conditioner 36 20.45% 0.2 0.05

Washing machine 131 74.43% 0.7 0.20

Refrigerator 79 44.89% 0.4 0.12

PC 126 71.59% 0.7 0.19

TV set 176 100.00% 1.1 0.26

Fixed telephone 143 81.25% 0.8 0.21

Cell phone 176 100.00% 1.8 0.26

VCD/DVD 119 67.61% 0.7 0.18

Electric cooker 172 97.73% 1.0 0.26

Bicycle 72 40.91% 0.4 0.11

Electric cart 62 35.23% 0.4 0.09

Motorcycle 83 47.16% 0.5 0.12

Automobile 12 6.82% 0.1 0.02

Toilet bowl 17 9.66% 0.1 0.03

Bathtub and shower 10 5.68% 0.1 0.02


3.3.7. Income and Expenditure

29. By income source and structure, the sample households are divided into three

categories – urban employment households, state-farm workers and stockbreeding

households. In consideration of the diversity and complexity of the sample households

in income source and nature, farming, stockbreeding and urban employment

households are defined in terms of “with crop cultivation income”, “with stockbreeding

income” and “without agricultural income”. See Table 3-5.


17

Table 3-5Economic Statistics of the Sample Households in 2011

Unit:yuan/year/person

Item Number Item Min. Max. Average St. d.

Farming

households

(State-farm

workers)

19

Per capita

income 7500 133333.33 10409.03 88977.60

Per capita

expenditure 6000 24416.67 10300.2 13022.55

Stockbreeding

households 28

Per capita

income 6666.66 125000 12038.27 83674.31

Per capita

expenditure 5333.3 15276 10780.73 7030.55

Urban

employment

households

129

Per capita

income 5500 220000 17255.63 151674.40

Per capita

expenditure 7200 100000 12020.65 65619.51


30. Table 3-6 shows that the average income of urban employment households is

higher than that of state-farm workers and stockbreeding households. In terms of

income source, urban employment householdsusually have more stable salaried jobs,

such as business and wages, while for farming households, income other than

agricultural income is from local or non-local employment mainly and is unstable. In

addition, crop cultivation features high investment, long payback period and great

uncontrollable risks, which are also an important reason why farming households’

income is relatively low.

31. The average income and expenditure of stockbreeding households are between

those of farming and urban employment households, indicating that in households

relying mainly on agricultural income, stockbreeding is more recognized by people

than crop cultivation.

Table 3-6Income Sources of the Sample Households in 2011

Item Crop

cultivation Stockbreeding

Outside

employment Business Wages Others Total

Farming households 12500 2545.28 14580.56 4170.88 — — 33796.72

Percent 36.99% 7.53% 43.14% 12.34% — — 100.00%

Stockbreeding

households — 28800 4635.34 8521.56 10800 — 52756.9

Percent — 54.59% 8.79% 16.15% 20.47% — 100.00%

Urban employment

households — — 15200.05 19080.55 13620.52 7200 55101.12

Percent — — 27.59% 34.63% 24.72% 13.07% 100.00%


32. Table 3-7 shows that the proportions of food expenses of farming,

stockbreeding and urban employment households are the highest, being 36.77%,

35.18% and 26.73% respectively, while that of urban employment households is the

lowest, showing that their expenses are more diversified and they have better quality

of life. The proportions of their educational expenses are 16.09%, 11.60% and 13.2%

respectively, while farming, stockbreeding and urban employment households differ

slightly in the proportion of educational expenses, showing that all parents have a

consistent attitude to children’s education.


18

Table 3-7 Expenditure of the Sample Households in 2011

Item Farming

households

Stockbreeding

households

Urban employment

households

Water expenses 3.02% 3.22%

Electricity expenses 3.86% 7.13% 3.84%

Heating expenses 10.09% 10.53% 13.53%

Waste disposal expenses 1.02% 1.49% 0.49%

Entertaining expenses 1.82% 0.00% 0.00%

Food expenses 36.77% 35.18% 26.73%

Clothing expenses 12.23% 11.13% 13.29%

Educational expenses 16.09% 11.60% 13.20%

Medical expenses 10.02% 10.98% 15.26%

Traffic expenses 3.20% 5.18% 2.55%

Communication expenses 4.89% 3.76% 7.90%

Total 100.00% 100.00% 100.00%


3.4. Gender Analysis

3.4.1. Gender Differences in Education

33. Analysis shows that 38.59% of the members of the sample households have

received junior high school education, in which men and women account for 21.47%

and 17.12% respectively, and 26.43% have received primary school education, in

which the proportion of women is higher than that of men by 2.1 percentage points

(see Figure 3-4).

Figure 3-4 Educational Level Differences between Men and Women

3.4.2. Gender differences in occupation and income

34. The survey shows that(see Figure 3-5) the proportions of women dealing with

stockbreeding, business, industry and casual labor, and working at government

agencies or public institutions are slightly lower than those of men. In most farming

0%

5%

10%

15%

20%

25%

30%

35%

40%

45%

文盲及半文盲学龄前儿童小学初中高中或中专大专以上

男性比例

女性比例

总体比例


19

households, men usually work elsewhere or locally in the slack season, and would

return home for farming in the busy season.

Figure 3-5 Occupation Differences between Men and Women

35. The results show that the average annual income of the male labor population is

39,068 yuan and that of the female labor population 38,208 yuan, with little difference.

36. In addition to comparison of the average level income, 25 HHs were chosen

randomly to better reflect the income level between men and women. Their income

are ranked from the lowest to the highest (see Figure 3-6).

37. In the annual income interval of below 20,000 yuan, men’s average income

differs slightly from that of women. In the annual income interval of 20,000-38,000

yuan, men’s average income is slightly lower than that of women.

38. However, in the annual income interval of 38,000 yuan or above (36% of the

sample size), men’s average income is much higher than that of women, mainly

because male laborers mostly deal with business or high-price jobs and earn more

income, while women mostly do housework at home, and have less time and chances

to earn income.

0%

5%

10%

15%

20%

25%

男性比例

女性比例

总体比例


20

Label for the x-axis: the 25 HHs chosen randomly (ranked based on income from the

lowest to the highest) Figure 3-6Income Differences between Men and Women

39. The survey shows that education has significant impacts on per capita income,

whether for the whole sample size, men or women. The higher one’s educational level

is, the more skilled one’s job will be and the more one will earn. Therefore, improving

educational levels of local residents, especially those who are about to receive

education, is an important impetus to income increase.

40. Based on an analysis of the proportion of women’s income to household

income(see Table 3-8) among 25 households with female labor (doing farm work

mainly, and some dealing with services), women’s income accounts for 20%-100% of

household income, averaging 48.87%. The share of women’s income to household

income in the affected population is close to 50%. Relatively, due to higher

educational levels of urban women, they enjoy greater job opportunities and their

income is of course higher. This shows that women’s economic status is improving.

Therefore, great attention should be paid to the protection of women’s rights during

project implementation.

Table 3-8Share of Women’s Income in Household Income in 2011

Item Sample size Min. Max. Average St. d.

Share of

women’s income 25 22% 100% 48.87% 0.55


3.5. Analysis of Affected Women

41. In urban households, more and more women have begun to earn income, and

have a greater voice on important household matters, such as children’s education

and housing purchase. They also assume the responsibility of taking care of children

and doing housework. Women would take part in social activities like men do in

leisure time.

0

20000

40000

60000

80000

100000

120000

140000

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

男性收入

女性收入


21

42. Women engaged in stockbreeding mostly play a major role in the routine raising

and management of livestock and poultry, while men are responsible mainly for the

purchase of feeds, marketing of products, maintenance of stables and disease

prevention. Of course, women engaged in stockbreeding sometimes unavoidably do

such housework as cooking and cleaning, while men sometimes work locally or

elsewhere to increase household income.

43. According to the survey, women’s concerns about resettlement are essentially

the same as those of men, regardless of their occupation:

(a) Compensation for houses should be available timely, and the location of

resettlement housing and resettlement program should be rational.

(b) Resettlement housing should be located beside roads for the convenience

of going to work, doing business and going to school.

(c) The living environment for resettlement housing should be better so that

they can adapt to urban life more conveniently.

(d) Jobs generated by the Subproject should be provided to women so that

they participate in the Subproject.


22

4. Legal Framework and Policies

4.1. Laws, Regulations and Policies Applicable to Resettlement 44. The resettlement policies of the Subproject have been developed in accordance

with the laws and regulations of the PRC, and ADB’s policies, including:

ADB policies

Safeguard Policy Statement (2009), Safeguard Requirement 2: Involuntary

Resettlement

Safeguard Policy Statement (2009), Safeguard Requirement 3: Indigenous

Peoples

Although this RP describes resettlement impacts on ethnic minorities, other social

impacts on them are described in detail in a separate Ethnic Minority Development

Plan.

ADB’s policy on public participation

Laws and regulations of the PRC

Land Administration Law of the PRC (effective from January 1, 1999, amended

on August 28, 2004)

Decision of the State Council on Deepening the Reform and Rigidly Enforcing

Land Administration (SC [2004] No.28) (effective from October 21, 2004)

Guidelines on Improving Compensation and Resettlement Systems for Land

Acquisition (MLR [2004] No.238) (effective from November 3, 2004)

Real Right Law of the PRC (Decree No.62 of the PRC, effective from October

1, 2007)

Regulations on the Acquisition and Compensation of Houses on State-owned

Land (Decree No.590 of the State Council, effective from January 21, 2011)

Notice on Issuing the Measures for the Acquisition and Appraisal of Houses on

State-owned Land (HC [2011] No.77)

Policies of XUAR

Measures of XUAR for the Implementation of the Land Administration Law of

the PRC (XUAR People’s Congress [1999] No.913, effective from October 1, 1999)

Document (XPPH [2001] No.500] of the XUAR Development Planning

Commission and Department of Finance

Kuitun City

Interim Measures of Kuitun City for the Acquisition and Compensation of

Houses on State-owned Land (KZBF〔2011〕No. 79)

Notice on Strictly Enforcing the Interim Measures of Kuitun City for the

Acquisition and Compensation of Houses on State-ownedLand (KCGO [2012] No.66)

Management methods of Low Rent Housing Guarantee of Kuntun City (trial

implementation)

See Appendix 2 for key provisions of some of the above laws and policies.

4.2. ADB’s Policy Requirements on Involuntary Resettlement 45. ADB’s Safeguard Policy Statement has three key elements for involuntary

resettlement: (1) compensation for lost properties, livelihoods and income; (2)

assistance in resettlement, including the provision of a resettlement site, and


23

appropriate facilities and services; and (3) assistance for restoration, as a minimum,

to the standard of living before the project. Planning and implementation should take

into account the following basic principles:

1) As long as it is feasible, involuntary resettlement should be avoided.

2) If the population transfer is unavoidable, it is should be provided viable livelihood

option to minimize the transfer.

3) Replacement loss. If individual or community must lose all or part of land, subsistence

or social support system that may be to conduct a project, they will replaced land,

housing, infrastructure, resources, income sources and service by cash or similar

manner to get compensation and assistance, so that their economic and social

environment will be recovered to pre-project level at least. All the compensation is

based on replacement cost principle.

4) Each involuntary resettlement is treated as part of development projector bundling

project. During project preparation period, ADB and EA or project sponsor evaluate

and show benefit project opportunities for affected people. Provide adequate

resources and opportunities to enable them to rebuild their homes as quickly as

possible and coordinate time-bound actions with civil works.

5) The affected people should be fully informed and closely consulted. Solicit the

opinions of the affected people in compensation and / or resettlement options,

including resettlement sites and social economic conditions recover. Relevant

resettlement information is open to key people at key points, provide clear

opportunitiesto let them participate in the option of selection, planning and

implementation. Establish dissatisfaction compensation mechanism for affected

persons.If adverse affected people are special vulnerable groups, there will be a

social preparation phase before resettlement plan decisions to enhance their

participation in negotiations, planning and implementation.

6) Social and cultural agencies. The social organization and relevant sponsors of

affected persons are to be protected and supported. Help affected people to conduct

integration with resettlement areas in economically and socially, so that adverse

impact of resettlement areas will be minimized, and promote social harmony.

7) No formal ownership. Indigenous peoples, ethnic minorities, pastoralists, person who

has no formal legal right to claim land, and who have use right or custom right for

affected land or other resources, usually there have no formal legal ownership for

their land. There is no formal legal ownership for the land that does not hamper ADB's

policy mandate.

8) Confirm. Affected persons should be identified and recorded as early as possible

through demographic or demographic surveys in order to establish their eligibility as

qualification deadline, and best at stage of the project validation phase to prevent

penetrator and those who attempt to acquire benefit in future.

9) The poorest. Particularly pay attention to needs of the poorest affected persons and

vulnerable groups at high impoverished risk. It would include those who do not have

legal ownership for land or assets, female-headed households, elderly or disabled

persons and other vulnerable groups, especially the local population. It must be given

appropriate assistance to help them improve their socio-economic situation.


24

10) All resettlement costs are included in project costs and benefits. It includes

compensation, resettlement and rehabilitation, and social budget, and also covers

plan, management, supervision, monitoring and evaluation costs, land taxes, land

charges, physical and price or cost. If the loan includes sub-project components or

investments that only can be prepared after project approval, and financial

intermediation loans that may result in involuntary resettlement, it will allocate

additional subsidies for resettlement before loan approval. Similarly, resettlement

plan also should be reflected resettlement plan and time limit for implementation.

11) Meet conditions for compensation costs. If required, resettlement and rehabilitation

will be considered to include in ADB loan support for the project to ensure the

timeliness of resources required and compliance with involuntary resettlement

procedures in implementation process.

4.3. Differences between ADB and PRC Policies

46. Generally speaking, there are many similarities between the ADB’s involuntary

resettlement policies and the PRC’s LAR policies, which include:

Both of them attach an importance to avoiding or reducing resettlement

during the planning and design stage of a project;

Both of them attach importance to the restoration and improvement of

the livelihood of APs;

Both of them attach an importance to the openness and transparency of

the resettlement policies;

Both of them attach an importance to the participation and awareness of

the public during resettlement;

Both of them require that the formulation and implementation of the

resettlement compensation standard must be based on the law and

according to the law.

47. However, there are still some differences in some aspects between ABD’s

involuntary resettlement policies and the PRC’s LAR policies, which include:

ADB attaches more importance to the planning prior to the

implementation of resettlement, and it requires that a feasible RP to be

prepared;

The ADB’s resettlement policies ensure that displaced persons without

titles to land or any recognizable legal rights to land are eligible for

resettlement assistance and compensation for loss of nonland assets at

replacement costs. However, the LAR policies of the PRC provide a

different compensation policy to unlicensed buildings.

ADB attaches more importance to the special care extended to the

vulnerable people during resettlement; and

ADB attaches more importance to monitoring and evaluation during

resettlement。

48. Based on the above analysis, during the preparation for resettlement, this

Project takes full account of the relevant policies of ADB and takes the following

measures to meet the demands of ADB:


25

The preparation of the Project must be based on concrete social

economic survey and physical survey, and the RP must be prepared in

details;

Special care must be given to vulnerable people including women,

during resettlement implementation;

Make compensation at replacement value to buildings without titles to

land constructed before the cut-off time;

Establish internal and external monitoring systems for resettlement.

49. With the above measures, the ADB’s resettlement policies and the PRC’s LAR

policy gaps will be bridged and the smooth implementation of resettlement of this

project will be guaranteed.

4.4. Eligibility and beneficiaries

50. The cut-off date for the eligibility for compensation is the date on which KCG

confirms the RP. Any newly built house or settlement in the project area by the APs

after this date will not be entitled to compensation or subsidization. Any building

constructed or tree planted purely for extra compensation will not be counted in the

DMS.

4.5. Compensation Rates

4.5.1. Compensation Rates for State-owned Land

51. This Subproject belongs to public utility, and the state-owned land will be

obtained by means of transfer. In order to obtain the urban state owned land use

rights transfer, charge of urban state-owned land fee will be paid at 10-20 yuan

/m2.The Subproject involves Kuitun city built-up area and area beyond it, so 20 yuan

/m2will be paid for land in the built-up area and 10 yuan /m2 for land beyond it; for

state-owned arable land, unused land, forest land to be occupied by the Subproject, a

construction land use fee also need to pay to the land administration bureau.

52. For permanent occupation of state-owned land of enterprises and institutions,

consideration will be given to the state-owned land location level, types of the right to

use the land, years of use and usage to determine the compensation standard with

the reference of Kuitun city benchmark land prices in 2011. Compensation price of

state-owned land of enterprises will be determined after the on-site assessment by

the land administration bureau and negotiation between the Subproject owner and the

affected enterprises and institutions according to the land location level, the

state-owned land use rights, land use types, years of use and usage with Kuitun city

benchmark land prices (58,500 yuan / mu) in 2011 as the basis.

Table 4-1 Kuitun City Land Categories and Benchmark Land Prices

Unit：yuan/m2

Category I II III IV V

Commercial 1450

980

750

430

220


26

Category I II III IV V

Residential

845

635

400

270

180

Industrial

400

305

220

150

135

Source: Kuitun Land Bureau

53. On the expropriation of houses plus open space with "state-owned land use

certificate" or other legal procedures, the final compensation price will be determined

through negotiation with reference to Kuitun City Land Categories and Benchmark

Land Prices and according to the market price after assessment.

54. For residential houses with red or blue line map or construction land permit, the

compensation standard is 27 yuan /m2 (ie., 10% of 270 yuan per square meter ) ；no

compensation for those without land certificate.

55. For occupation of state-owned construction land, land use rights can be

obtained only after the land fee is paid to the land bureau and relevant procedures for

land acquisition are completed.

56. For occupation of state-owned unused land, agricultural land (cultivated land

and forest land), new construction land use fees must be paid to the land bureau (at

16 yuan / m2).

4.5.2. Woodland Compensation

57. State-owned woodland will be compensated based on the Notice on the

Implementation of the Reply of the XUAR Government on Approving the Uniform

AAOV Rates for Land Acquisition (XFR [2011] No.161)issued by the XUAR

Department of Forestry(see Tables 4-2 and 4-3).

Table 4-1 Compensation Rate for State-owned Woodland

Land type

Compensation rate (yuan/mu)

Compensation fees for

woodland

Resettlement

subsidy for

woodland

Forest

compensation

fees

Total

Arbor forest 12000 18000 8000 38,000


27

Table 4-2Forest Vegetation Restoration Fees

Land type Forest vegetation restoration fees(yuan/m2)

Arbor forest 6

58. The land will be compensated by 8 times of the cultivated land basic price

(1,500 yuan / mu); resettlement will be paid 12 times of the cultivated land basic price

(1,500 yuan / mu); compensation for forest trees such as arber trees will be paid per

tree calculated with tree species and DBH grade; recovery costs for forest vegetation

is 6 yuan /m2. Forest vegetation restoration fee is paid to the Forestry Section of

Kuitun Forestry and Animal Husbandry Bureau to submit to Xinjiang Autonomous

Forestry and Animal Husbandry Department for restore forest vegetation. The other

three charges will be turned over to the local financial bureau; new construction land

use fee also need to be paid to the land bureau (at 16 yuan /m2).

4.5.3. Compensation Rates for Residential Houses

59. Compensation rates for HD will be agreed on by reference to local real estate

market prices in the first half of 2012, and based on on-site appraisal to take price

fluctuations of 2013 into account during negotiation of village and household

agreements. See Table 4-4.

Table 4-4Compensation Rates for Residential Houses Demolished for the Subproject

Type Item Unit Rate Remarks

House compensation

Main rooms

(licensed)

Masonry concrete yuan/m2 3545

To be compensated for at 1:1.2 of the size of the

acquired house (4,254 yuan/m2)

Masonry timber yuan/m2 3545



Earth timber yuan/m2 3545

To be compensated for at 1:1 of the size of the


Main rooms

(unlicensed)

Masonry concrete yuan/m2 3190 Appraised price

Masonry timber yuan/m2 3190 Appraised price

Earth timber yuan/m2 3190 Appraised price

Wing rooms

(simple

structures)




Color plate yuan/m2 400

Basements Masonry concrete yuan/m2 600

Stables




Sheds




Simple sheds Masonry timber yuan/m2 80

Other subsidies

Moving subsidy yuan/m2 10

Transition subsidy yuan/m2 12 Based on actual transition months.

Source: Kuitun City House Demolition Management Office


28

4.5.4. Compensation Rates for Commercial Stores

60. Commercial stores will be appraised based on policies and by reference to

location (affected shops are on Grade 4 lands). See Table 4-5.

Table 4-5 Compensation Rates for Commercial Stores

Item Unit Rate Remarks

House compensation

Operating stores yuan/

m2

6146

Any operating store with full formalities will be compensated

for at 1:1.1 (6,760 yuan/m2).

According to the survey, all have at least one required

formality.

Motor repair,

machining and other

stores

yuan/

m2

6146

Any motor repair, machining or other store with full

formalities will be compensated for at 1:1 (6,146 yuan/m2).


formality.

Land compensation

State owned land

compensation

yuan/

m2

430

According to use type and location equivalent of

state-owned land, the compensation according to

assessment(all of the project for temporary construction

land certificate, and all had been expired, and therefore not

compensated)

Other subsidies

Moving subsidy yuan/

m2

12 Based on actual transition months.

Transition subsidy

yuan/

m2/m

onth


Source:KuitunCity House Demolition Management Office

61. Any commercial store affected by HD will be exchanged for a shop front of the

same size based on its location, traffic, monthly turnover, size and structure or subject

to cash compensation. The compensation for business loss will be paid on an

assessment of actual losses through the scrutiny of relevant tax form records.

4.5.5. Compensation Rates for Attachments

62. See Table 4-6.

Table 4-6Compensation Rates for Affected Attachments and Special Facilities

Item Qty. Compensation rate (yuan) Owner

Telegraph pole Cement telegraph pole 67 200 yuan each Telephone

Company Wood telegraph pole 77 90 yuan each

Toilets 500 yuan each Sanitation

bureau

Vegetable cellars 300 yuan each HHs

Storage pits 100 yuan each HHs

Elm

≦5cm 100 100 yuan each

Forest

bureau

5-15cm 173 200 yuan each


≧30cm 1 350 yuan each


29


Poplar




Forest

bureau


Willow





Diversifolious poplar 5-15cm 37 200 yuan each

Fruit trees ≦5cm 717 300 yuan each


Date 5-15cm 3 180 yuan each HHs

Walnut 5-15cm 2 180 yuan each HHs

Peach 5-15cm 5 180 yuan each HHs

Diversifolious poplar ≦5cm 1000 100 yuan each

Forest

bureau


Oak ≦5cm 150 80 yuan each

Chinese ash 5-15cm 11 200 yuan each

Grape ≦5cm 103 30 yuan each HHs

5-15cm 18 30 yuan each HHs

Source:KuitunCity House Demolition Management Office

4.6. Entitlement Matrix


30

Table 4-3 Entitlement Matrix

Type of impact Degree of impact APs Entitlements Compensation policy and rates

Demolition of

residential

houses

(including

stockbreeding

households)

Residential houses

with a total area of

11498.72 m2,

including 2333.43

m2 in masonry

concrete structure,

5600.86 m2 in

masonry timber

structure, 3295.15

m2 in earth timber

structure and

271.28m2 in color

plate structure

2

communities,

29

households

with 100

persons

(1) all non-land

assets whether

non-titled/licensed

will be compensated

at full replacement

cost.

(2) Choose a

resettlement mode

voluntarily, including

cash compensation,

property swap and

purchase of

commercial housing.

(3) Low-income

households may

apply for low-rent

housing;

(4) Each AH will

receive a moving

subsidy and an early

moving reward.

(5) If an AP has only

one lawful house and

the compensation is

insufficient to buy

housing, the

government will

provide a

resettlement

apartment with a

building area of not

less than 45 m2, the

size within 45 m2 will

not be paid for.

(6) In case of

acquisition of an

individual’s house, if

Licensed main rooms: 1:1.2 of the size of the acquired house for masonry

concrete structure (4,254 yuan/m2); masonry timber structure 1:1.1 of the size of

the acquired house (3,899 yuan/m2); earth timber structure 1:1 of the size of the

acquired house (3,545 yuan/m2);

unlicensed main rooms: compensated for at the appraised price of 3,190

yuan/m2 regardless of structure;

wing rooms: 550 yuan/m2 for masonry concrete structure, 400/m

2 for masonry

timber structure, 300/m2 for earth timber structure and 400/m

2 for color plate

structure;

other rooms: basements: 600/m2 for masonry concrete structure; stables:

350/m2 for masonry concrete structure, 200/m

2 for masonry timber structure and

150/m2 for earth timber structure; sheds: 350/m

2 for masonry concrete structure,

200/m2 for masonry timber structure and 150/m

2 for earth timber structure;

simple sheds: 80/m2; moving subsidy: 10 yuan/m

2, based on lawful building

area;

transition subsidy: 12 yuan/m2, based on lawful building area, to be paid as

incurred during the transition period


31


the AP meets the

provisions of XUAR

on housing security,

and his/her housing

size and household

income meet the

local conditions for

housing security,

he/she shall have

priority in obtaining

affordable housing.

Relocation of

commercial

stores

Total demolition area

4777.73 m2

12 stores with

38 persons

(1) Receive house

compensation at

appraised price;

(2) Each AH will

receive a moving

subsidy and a

transition subsidy.

(3) Choose a

resettlement mode

voluntarily, including

property swap and

cash compensation.

(4) Assistance to

identify and register

replacement shops or

locations for new

shops.

(5) The

compensation for

business loss will be

paid on an

assessment of actual

losses through the

scrutiny of relevant

tax form records.

(6) the workers will

receive skill training.

Building compensation: Any affected operating store have at least one

formality will be compensated for at 1:1.1 (6,760 yuan/m2); any motor repair,

machining or other store will be compensated for at 1:1 (6,146 yuan/m2);

All land certificates of shops are temporary certificates of construction land

which have expired, so no compensation is granted). However, the

compensation for the structures of shops are much higher which in fact reflects

the market value of these shops and include the compensation for the land.

moving subsidy: 12 yuan/m2, based on lawful building area;

transition subsidy: 12 yuan/m2, based on lawful building area, to be paid as

incurred during the transition period


32


Ethnic

minorities

1 households with

4persons

4 persons

affected by

HD

(1) Receive house

compensation at

appraised price;

(2) Have priority in

employment.

(3) Receive skills

training.

The compensation rates for HD are the same as above.

Women 55 persons affected

by resident house or

commercial stores

demolition

47 persons

affected by

HD, 8

persons

affected by

store

demolition

(1) Have priority in

receiving unskilled

jobs generated by the

Subproject.

(2) Priority is given to

affected female

laborers in livelihood

training so that their

economic status is

not reduced.

(3) Ensure that

women receive

relevant information

and participate in

consultation prior to

and during

resettlement.

The compensation rates for HD are the same as above.

Ground

attachments

& public

facilities

Including public

toilets, trees, etc.

Proprietors Compensation for

ground structures or

attachments will be

paid to their

proprietors. Ground

structures or

attachments will be

compensated for at

replacement cost or

restored by the

displacer to the

former size and

standard.

Please refer to Section 4.5.5 for compensation rates.


33

5. Resettlement Measures

5.1. Objectives of Resettlement 63. The objectives of resettlement of the Subproject have been identified based on the actual living standards of the APs in 2011, the 12th Five-year Plan for National Economic and Social Development and 2025 long term plan of Kuitun City:

(1) The per capita annual net income of the AHs is restored to the pre-resettlement level and further improved with local economic development;

(2) The living environment for the displaced households is at least restored or improved;

(3) Utilities, infrastructure, educational, cultural and health facilities, and natural conditions are equivalent or better than pre-resettlement levels; and

(4) All affected land attachments are compensated for at replacement cost, and public buildings and special facilities compensated for at replacement cost and restored to the former standard or improved.

5.2. Resettlement Program for Displaced Households

5.2.1. Resettlement program for residential households

64. According to resettlement willingness survey, 29 households residents were demolished, of which 100% affected households choose cash compensation. The main reason is that most of these residents have more than two houses, the demolished houses do not affect their living; few residents will to buy houses according to their favorite housing estate and house type after receive cash compensation, or use for other investments. In spite of this, the government has provided cash compensation and property swap. They may choose a resettlement mode based on affordability and individualized needs. 65. Property Swap: A house will be appraised by a real estate appraisal agency based on location, building structure, building size, floor and decoration, and by reference to market price. The real estate appraisal agency will listen to an AH’s comments before fixing its house’s appraised price; if the AH agrees with property swap, its house will be exchanged based on approved (licensed)floor space at the following rates:1:1.2of the size of the acquired house in masonry concrete structure (licensed main rooms),1:1.1of the size of the acquired house in masonry timber structure (licensed main rooms) and 1:1of the size of the acquired house in earth timber structure (licensed main rooms); other houses (unlicensed) and facilities will be compensated for at appraised price. The resettlement housing offered is in the form of new multi-storied buildings, and will be offered first to whoever moves first. The size of resettlement housing under property swap includes shared size. If the building area of the resettlement apartment is greater than that of the demolished house, any excess size of not more than 10 m2 will be paid for at construction cost, and any excess size of more than 10m2 will be paid for at appraised price. 66. Case: If any AH chooses property swap, the building area of its former house (licensed main rooms) will be exchanged, while other houses(unlicensed) and other facilities will be compensated for at appraised price. For example, for a household with three persons, if the size in masonry concrete structure (licensed main rooms) is 80m2, and the size in masonry timber structure(unlicensed wing rooms) is 30m2, and this household selects property swap, it will exchange its house for a 96 m2 apartment with three bedrooms and two living rooms at the ratio of 1:1.2 for masonry concrete structure, and receive cash compensation for its masonry timber structure(unlicensed wing rooms) of 30m2 and land. The resettlement housing will be provided with water supply, drainage and central heating facilities, and have a better environment and better structures. 67. Introduction to resettlement communities—Since the households affected by


34

HD are located in two separate areas, the PMO had constructed two resettlement communities, which are Wenying Garden and Jiuxiang Garden, as shown below: 68. Wenying Garden is located west of Tuoli Street, in vicinity to Tianbei New District Vocational Secondary School, with a planned land area of 24.22 hectares, including 15.64 hectares of housing land, 3.90 hectares of public construction land, 2.80 hectares of road land and 1.87 hectares of public green spaces, and a total building area of 513,900 m2, including a residential building area of 453,800 m2 and a public building area of 60,100 m2. The community is planned to accommodate 4,027 households. The community will be constructed in strict conformity with the Building Code for urban residential district planning and design, and has such parking spaces and public facilities as nursery, kindergarten, primary school, health center, cultural activity station, savings office, postal office, community service center, property management and commercial services. There are two room layouts – two bedrooms and two living rooms, and three bedrooms and two living rooms. 4 housing sizes are available – 65 m2, 70 m2, 80 m2 and 90 m2.At present, there had residents to admit. 69. Jiuxiang Garden—This community is located north of Urumqi West Road, in close vicinity to Shixi Park and Tianbei New District, with a planned land area of 14.43 hectares, including 11.67 hectares of housing land, 2.65 hectares of construction land, 2.88 hectares of road land and 1.23 hectares of public green spaces, and a total building area of 283,500 m2, including a residential building area of 269,800 m2 and a public building area of 23,700 m2. The community is planned to accommodate 3,342 households with 10,695 persons, with a floor area ratio of 1.58, and has 486 aboveground and 1,198 underground parking spaces. The community will be constructed in strict conformity with the Building Code for urban residential district planning and design, and has such parking spaces and public facilities as nursery, kindergarten, primary school, health center, cultural activity station, savings office, postal office, community service center, property management and commercial services. There are two room layouts – two bedrooms and two living rooms, and three bedrooms and two living rooms. 7 housing sizes are available – 59.72 m2, 63.07 m2, 76.61 m2, 80.42 m2, 81.14 m2, 89.85 m2 and 91.74 m2.

Figure 5-1 Layout Plan of the Wenying Garden Resettlement Community


35

Figure 5-2 Layout Plan of the Jiuxiang Garden Resettlement Community

70. Cash Compensation: A house will be appraised by a real estate appraisal agency based on location, building structure, building size, floor and decoration, and by reference to market price; 1:1.2of the size of the acquired house in masonry concrete structure (licensed main rooms), 1:1.1of the size of the acquired house in masonry timber structure (licensed main rooms) and 1:1of the size of the acquired house in earth timber structure (licensed main rooms); other houses (unlicensed) and facilities will be compensated for at appraised price. 71. Case: For example, for a household with three persons, if the size in masonry concrete structure (licensed main rooms) is 70 m2, the size in masonry timber structure (licensed) 20m2, and the size in masonry timber structure (unlicensed wing rooms) is 50m2, this household will receive the following compensation: (1) compensation for houses of the approved building area(licensed main rooms): 375,760 yuan; (2) compensation for wing houses in masonry timber structure (unlicensed): 20,000 yuan; (3) compensation for state-owned housing land: 4,860 yuan; and (4) moving subsidy: 900 yuan, totaling 401,520 yuan. 72. Based on real estate prices of KuitunCity in the first half of 2012, the average price of new commercial housing of multi-storied buildings is 3,560 yuan/m2and the older building is cheaper. With compensation, each AH may purchase a 90m2commercial house with three bedrooms, two living rooms and one bathroom, and has a remaining sum of 81,000 yuan, which may be used for other investments, such as a commercial store. Commercial housing will be provided with water supply, drainage and central heating facilities, and have a better environment and better structures.

5.2.2. Application procedure

73. If an AH chooses cash compensation, it will receive full compensation after signing a compensation agreement for HD. If an AH chooses property swap, it will sign a property swap contract based on the chosen floor, size and orientation.


36

5.2.3. Resettlement and Restoration Program for Commercial Stores

74. According to resettlement willingness survey, 100% property owners of 12 demolished commercial stores have chosen cash compensation. therefore, affected commercial store choose cash compensation. The affected commercial stores which have no business will to conduct other investments according to their willingness after receive cash compensation, and also choose to buy or lease a new commercial store in the right place. 75. In case of cash compensation, a commercial store will be appraised by a real estate appraisal agency based on location, building structure, building size, floor and decoration, and by reference to market price; any operating store with full formalities will be compensated for at 1:1.1; any motor repair, machining or other store will be compensated for at 1:1.These affected small shops have at least one required formality, and they will get the compensation. 76. According to the survey12 commercial stores will be affected by the Subproject, located along Tuoli Street mainly. For employees who are unwilling to transfer to the new store or are made jobless, KCG will give free reemployment training to them and recommend them to employers with priority. The proprietors already have experience and capacity to restore operations within two or three months. The compensation for business loss will be paid on an assessment of actual losses through the scrutiny of relevant tax form records. 77. The rental rate of shop fronts in similar locations in the urban area of Kuitun City is 1,500 yuan/month and the purchase price is usually about 6,000 yuan/ m2. It is estimated that for an operating store with a building area of 40m2, the compensation for the store is 270,400 yuan, the moving subsidy 480 yuan and the early moving reward 16,200 yuan, totaling 287,080 yuan. Based on the average price of nearby shop fronts of 6,000 yuan/m2, this amount can buy a store of 47.85m2 nearby. 78. According to resettlement willingness survey, property owners of 12 demolished commercial stores chose cash compensation for other investment. Table 5-1 shows Expected Resettlement Modes for Relocated Commercial Stores.

Table 5-1 Expected Resettlement Modes for Relocated Commercial Stores

No. Name Affected

workforce Expected resettlement mode

1 Machining 4 Cash compensation for other

investment

2 Residential Building along the

Street 0

Cash compensation for other

investment

3 Taichuan Wushiling Repair 5 Cash compensation for other

investment

4 Residential Building along the

Street 0


investment

5 Digital Control Machining 4 Cash compensation for other

investment

6 Kuitun Hailan Auto Repair 6 Cash compensation for other

investment

7 Dongfeng Machining 4 Cash compensation for other

investment


investment


investment

10 Huiying Store 1 Cash compensation for other

investment


37

No. Name Affected

workforce Expected resettlement mode

11 Qiaotou Convenience

Supermarket 2


investment

12 Yingbao Parity Grain and Oil

Store 3


investment

Note: 1. The two houses are located in a row of facade room in street, surveyed and counted as commercial stores, but in fact there is no business activities.

5.3. Training

79. In addition to cash compensation, a special training program will be developed for the AHs. 60 person-times will be trained in total, and at least two person-times of each AH will be trained. 40% of person-times of training will be provided to women. (1) Scope of training: According to the industry mix and market demand of Kuitun City and surrounding areas, vocational skills training will be conducted with focus on services, including repair, electric welding, tailoring, etc.

Table 5-1 Arrangements for Training No Type of training Target groups Person-times Female

1 business training

Owners of shops and people of planning open

shop

20 10

2

Skill traiing Machine repair, electric welding tailoring cooking

employees of shops and residents

40 20

(2) Forms of training: The forms of training include vocational skills training, single-skill training and on-the-job training, in which vocational skills training will be conducted by training institutions and employers under the leadership of the department in charge of labor and social security. (3) Organizational structure: KCG has established the Subproject Leading Group, and the training working team will be affiliated to the Kuitun PMO, which will be located at the Kuitun City Labor and Social Security Bureau. Leading Group is also established at relevant subdistrict and community level. (4) Funding: The training budget of the Subproject is 300,000 yuan. The training budget will cover organizational, teaching material, printing, examination and practice costs, and trainer remuneration, which will be paid by the training working team of the Subproject PMO.

5.4. Protection of Women’s Rights

80. Women will participate fully in resettlement activities through information disclosure and village meeting, and enjoy the same rights as men in compensation, employment and training. In addition, the following measures will be taken to help women restore income:

①At the construction stage, it should be ensured that a certain number of women

receive unskilled jobs generated by the Subproject, and women and men will receive equal pay for equal work;

②Skills training, including training on stockbreeding and crop cultivation, will be first

made available to affected female laborers so that their economic status is not reduced;


38

③At the operation stage, cleaning, landscaping and environmental sanitation jobs

will be offered to affected women to ensure their income restoration; and

④Affected women will receive relevant information, and participate in public

consultation and resettlement.

⑤ The compensation agreement must be signed by both spouses.

5.5. Ethnic Minority Development 81. The population affected by HD includes 1 minority household with 4 persons, manly being Uygur people. The minority population will enjoy the same rights to compensation for HD and resettlement as the Han population, and have priority in employment and training. A separate Ethnic Minority Development Plan (EMDP) has been developed to promote the development of ethnic minorities.

5.6. Restoration of Infrastructure and Ground Attachments 82. Affected infrastructure and ground attachments will be restored by proprietors after receiving compensation from the owner of the Subproject. Restoration measures must be planned in advance, and suited to practical conditions, so as to be safe, efficient, timely and accurate, with minimum adverse impact on nearby residents. 83. The affected public facilities will be relocated according to the construction drawings of the Subproject in order not to affect construction. 84. The affected infrastructure includes water canals, small bridges and water supply pipelines, which will be restored with the construction of the Subproject. New bridges, culverts, water supply pipelines and toilets have been designed in the FSR to replace the functions of the existing infrastructure. The investment therein has been included in the general construction budget of the Subproject. Affected trees will be compensated for in cash, which is included in the RP budget.


39

6. Public Participation and Grievance Redress 85. According to the state, regional and municipal policies and regulations on resettlement, it is very necessary to conduct public consultation and encourage active participation at the preparation and implementation stages in order to protect the lawful rights and interests of the APs, reduce grievances and disputes, and realize the resettlement objectives properly by developing sound policies and implementation rules on resettlement, preparing an effective RP, and organizing implementation properly.

6.1. Consultation at the Preparation Stage

6.1.1. Completed Public Participation Activities

86. As to all significant topics for discussion involved in the planning stage of resettlement, the PMO has organized design organizations, consultant organizations, local communities and affected population to disclose information and conduct public consultation in various ways from November 2011 to September 2012. It was conducted detailed survey for resettlement affected scope after the project detailed design was completed from 2015 to June 2016. During the period, the compensation policy and the implementation plan were explained further and the resettlement willingness of affected people was understood. 87. These meetings and surveys played an important role in developing rational compensation rates and training programs. It has been found that the AHs’ main concerns are:

1. The households affected by HD are concerned about compensation rates, and then construction of resettlement sites, and finally living during transition period.

2. All households affected by HD are willing to move into the resettlement apartments and think this is an opportunity to improve living conditions.

3. Women think that after moving into the resettlement apartments, the problem of winter heating will be solved, thereby mitigating their labor intensity and reducing heating costs.

4. The proprietors of the commercial stores expect to be informed of HD in advance so as to be prepared.

Based on the above discussions, the PMO will:

(1) meet resettlement willingness programs according to AHs’ concerns and discussions with KCG, on the one hand is the problem of demolition household resettlement, on the other hand is training programs with the labor and social security department.

(2) meet resettlement willingness programs according to AHs’ concerns, and discussions with house demolition and relocation department and resettlement housing construction unit. During the project preparation period and detailed survey period, the questions of some important consultation / conference are listed in table 6-1.


40

Table 6-1 Public Participation Activities at the Preparation Stage

Location Date Participants # of persons Key Topics

6 affected communities office Nov. – Dec. 2011 APs, PMO, community officials, engineering technicians, RP preparation agency

30X7=210

Introducing the background and purpose of the Subproject;

Discussion on the alignment to minimize the LA and HD impacts;

6 affected communities office June 2012 PMO, community officials, RP preparation

agency, APs, , LRB, HDMO 380

discussion of the proposed compensation rates;

Consultation with the state-farm workers for relocation site, and conduct to discuss with the leader of the farm;

Consultation with the urban stock breeding households understand their income sources;

6 affected communities office July 2012 APs, PMO, community officials, RP preparation agency, LRB, HDMO

245 the location of the relocation sites; The needs of trainings; The income restoration measures;

HDMO September 20,

2012 APs, PMO, RP preparation agency, LRB,

HDMO 30

Design of the relocation houses; Construction schedule of the houses;

6 affected communities office 16-17 November PMO, community officials, RP preparation

agency, APs, , LRB, HDMO 20X7=140

Discussion of the draft RP; Discussion of the future consultation plan; Discussion of the future information

disclosure plan.

2 affected communities in the West Ditch

October 2015 - April 2016

APs, commercial store, PMO, communities office, LRB, HDMO

45 Compensation policy; Resettlement measures; Implementation plan for demolition

2 affected communities in the East Ditch

April – June 2016 APs, commercial store, PMO,

communities office, LRB, HDMO 35

Compensation policy; Resettlement measures; Implementation plan for demolition


41

6.1.2. Option Survey Results

88. During project preparation, the respondents included 61 households affected by

LA and HD (including 5 stockbreeding households), and proprietors of 48 commercial

stores and 2 enterprises. The survey were designed to let the IA and design agency to

know local conditions and the APs’ concerns. The survey shows that among the 217

respondents,

86.62% know that the Subproject is about to be constructed, and 13.38% are not quite

clear or unclear about this;

91.28% support the Subproject, and 8.72% don’t care;

46.57% think that the flood drainage channel component will improve flood control

capacity and reduce property losses, 51.44% think this will improve their living

environment, and 1.99% think it has no benefit;

89.21% think unsound flood control facilities affect their lives and work seriously or

very seriously, and 8.86% think these do not have any serious impact;

15.17% think the Subproject will improve their living environment, 15.63% think it will

improve the working environment, 56.43% think it will generate more job opportunities,

and 12.77% think it is good to mental and physical health;

56.08% are aware or somewhat aware of the compensation and resettlement policies

for LA and HD; 92.37% would file an appeal when their lawful rights and interests are

infringed on during resettlement.

89. During the detailed survey, all 29 affected households in the East Ditch chose

for cash compensation. All 12 commercial stores in the East Ditch and West Ditch

also chose cash compensation.

6.2. Public Participation and Consultation Plan

90. With the progress of project preparation and implementation, the Kuitun PMO,

affected communities, enterprises and commercial stores will conduct further public

participation, including discussing the location, size and layout of resettlement

housing, and scope of training for the APs, disclosing construction issues, soliciting

comments and expectations from the APs during implementation, disclosing the

compensation rates and appeal channel, etc., and learning RP implementation

progress and the APs’ livelihood restoration. See Table 6-3.

Table 6-2 Public Participation Plan of the Subproject

Purpose Mode Time Agencies Participants Topic

Disclosure of

the RP or RIB Distribution 2016.10 Kuitun PMO All APs

Disclosure of

compensation rates

and appeal channel,

etc.

Disclosure of

the RP

ADB

website 2016.10

Notification of

compensation

amounts and

date of payment

Resident

meeting 2016.11

Kuitun PMO,

street and

community

officials

All APs

Notification of

compensation fees and

date of payment


42

Purpose Mode Time Agencies Participants Topic

Independent

Monitoring

Household

visits 2016.11-2017.6

Kuitun PMO,

street and

community

officials,

external

monitoring unit

Random

sampling

Learning RP

implementation

progress and

compensation and

resettlement situation

and opinions, etc. of

affected persons

6.3. Appeal Procedure

91. Since public participation is encouraged during the preparation and

implementation of the RP, no substantial disputes are anticipated. However,

unforeseeable circumstances may arise during this process. In order to address

issues effectively, and ensure the successful implementation of project construction

and land acquisition, a transparent, accessible and effective grievance redress

mechanism has been established. The basic grievance redress system is as follows:

Stage 1: If any AP is dissatisfied with any land acquisition and resettlement of any

other safeguards related problems, he/she may file an oral or written appeal with the

community committee/sub-district office orally or in writing. In case of an oral appeal,

the community committee/sub-district office shall handle such appeal and keep

written records. Such appeal should be solved within 2 weeks.

Stage 2: If the AP is dissatisfied with the disposition of Stage 1, he/she may file an

appeal with Kuitun City Land and Resources Bureau or the HD management office

(depending upon the issue) after receiving such disposition, which shall make a

disposition within 2 weeks.

Stage 3: If the AP is still dissatisfied with the disposition of Stage 2, he/she may file an

appeal with the Kuitun PMO receiving such disposition, which shall make a disposition

within 30 days.

Stage 4: If the AP is still dissatisfied with the disposition of Stage 3, he/she may apply

for administrative reconsideration with KCG after receiving such disposition.

92. The APs may file an appeal about any aspect of resettlement, including

compensation rates, etc. The above appeal channel will be notified to the APs at a

meeting or otherwise, so that the APs are fully aware of their right of appeal. Mass

media will be utilized for publicity, and opinions and advice about resettlement will be

compiled into messages for study and disposition by the resettlement agencies.

93. All agencies will accept grievances and appeals from the APs for free, and costs

so reasonably incurred will be disbursed from the contingencies. During the whole

construction period of the Subproject, these appeal procedures will remain effective to

ensure that the APs can use them to address relevant issues.

6.4. Appeal Contact Information


43

94. Contacts and contact information have been identified for appeal agencies at all

levels for the convenience of timely grievance redress:

Head of Wenying Garden Committee: Liu Lihui Tel:13709927071

Head of Tunfu Garden Committee: Ni Jianjun Tel:18999708579

Head of Fengdeng Garden Committee: Wang Jianguo Tel:13579168131

Head of Aktam Community: Bai Yu Tel:18699225759

Head of Hulanbrak Community: Liu Wei Tel:18209007788

Head of the Urumqi East Road Sub-district Office: Wang Jun Tel:13999728199

Head of the Urumqi West Road Sub-district Office: Xu Dong Tel:18099923121

Head of the Beijing Road Sub-district Office: He Xiang Tel:13899540117

Head of the Kuitun City Land and Resources Bureau: Pan Bin Tel:13369926719

Head of the Kuitun City LA Management Office: Chen Hui Tel:15199953191

Head of the Kuitun PMO: Wang Liangming Tel:13899559555

Head of the city department for letters and visits: Liu Jun Tel:13309921017

Head of the city disciplinary inspection department: Chen Zhiyuan

Tel:13899550801

Head of the city legal department: Zeng Ping Tel:18935868006

External M&E agency: Xinjiang Linshuishe Engineering and Technology Consulting

Services Ltd.


44

7. Resettlement Budget

7.1. Resettlement Budget

95. All costs incurred during LA and resettlement will be included in the general

budget of the Subproject, and all resettlement costs will be from domestic funds.

Based on prices in the first half of 2016, the resettlement costs of the Subproject are

53.2756 million yuan, as detailed in Table 7-1.

(1) state-owned land use: a total cost of 4.1798 million yuan (of 7.85% of the total

budget), including state-owned land compensation fees, and occupation of

state-owned forest land, etc.

(2) residential houses demolition: a total cost of 14.4014 million yuan (27.03% of the

total budget), including the structure compensation, moving subsidy, temporary

transition subsidy, etc..

(3) commercial shops and stores demolition: a total cost of 26.6767 million yuan

(50.07% of the total budget), including shop housing compensation, relocation

subsidy, transition subsidy, etc..

(4)ground attachments: a total cost of 0.45 million yuan (0.84% of the total budget).

(5) other fees: a total cost of 6.8699million yuan including survey and design fee,

implementation management fee, technical training fee, contingencies, (12.90% of the

total budget).

(6) land fees: a total cost of 0.6977 million yuan (1.31% of the total budget).


45

Table 7-1 Resettlement Cost Estimates

No. Item Unit Compensation Rate

(yuan/unit) Quantity

Amount

(yuan)

Percentage

(%)

1 Occupation of state-owned

land

4,179,818.53 7.85%

Compensation for state-owned

land

㎡ 2,372,158.53 4.45%

Compensation forurban

state-owned land (construction

land and unused land)

㎡ 20 115133.91 2,302,678.18

Housing land ㎡ 27 2573.35 69,480.35

State-owned Woodland 1,807,660.00

Forest compensation Mu 8000 47.57 380,560.00

Woodland compensation Mu 12000 47.57 570,840.00

Resettlement subsidies Mu 18000 47.57 856,260.00

2 Compensation for demolition

of residential houses

14,401,418.32 27.03%

House

Compensation

11,802,707.60

Main

Rooms

(licensed)

Masonry concrete ㎡ 3634 663.96 2,412,830.64

Masonry timber ㎡ 3634 243.9 886,332.60

Earth timber ㎡ 3634 93.1 338,325.40

Main

Rooms

(without

license)


Masonry timber ㎡ 3634 421.34 1,531,149.56

Earth timber ㎡ 3634 792.41 2,879,617.94

Wing

Rooms

Masonry concrete ㎡ 550 0 0.00

Masonry timber ㎡ 400 397.67 159,068.00

Earth timber ㎡ 300 0 0.00


46



Amount

(yuan)

Percentage

(%)

Basements Masonry concrete ㎡ 600 29.16 17,496.00

Stables

Masonry concrete ㎡ 350 992.84 347,494.00

Masonry timber ㎡ 200 1491.57 298,314.00

Earth timber ㎡ 150 808.53 121,279.50

Sheds


Masonry timber ㎡ 200 2938.27 587,654.00

Earth timber ㎡ 150 1599.11 239,866.50

Color Plate ㎡ 400 271.28 108,512.00

Simple

Sheds

Masonry timber ㎡ 80 108.11 8,648.80

Other Subsidies ㎡ 2,598,710.72

Moving subsidy ㎡ 10 11498.72 114,987.20

Transition subsidy

㎡ 12 11498.72 2,483,723.52

3 Compensation for demolition

of commercial stores

26,676,726.58 50.07%

Operating stores 18,130,904.12

Main

Rooms

(licensed)


Masonry timber ㎡ 6146 1606.99 9,876,560.54

Earth timber ㎡ 3545 78.82 279,416.90

None-commercial house

㎡ 6146 6837.01 42,020,263.46

Wing

Rooms


Masonry timber ㎡ 700 1064.94 745,458.00

Stables Masonry timber ㎡ 200 257.51 51,502.00


47



Amount

(yuan)

Percentage

(%)

Sheds

Masonry timber ㎡ 700 148.13 103,691.00

Simple

Sheds

Masonry timber ㎡ 80 270.89 21,671.20

subsidiary facilities 1,607,321.00

Other subsidy 3,901,973.40

Moving subsidy ㎡ 12 4777.73 1,031,989.68

Transition subsidy

㎡ 12 4777.73 1,031,989.68

4 Total of compensation fees for

attachments

450,000.00 0.84%

5 Subtotal of Items 1-4 45,707,963.43 85.80%

6 Other costs 6,869,906.90 12.90%

Survey, design and research

costs

A percentage

of

resettlement

costs

3.00% 45,707,963.43 1,371,238.90

Skills training costs

A percentage

of

resettlement

costs

1.00% 45,707,963.43 457,079.63

Supervision and M&E costs

A percentage

of

resettlement

costs

1.00% 45,707,963.43 457,079.63

Contingencies

A percentage

of

10.00% 45,707,963.43 4,570,796.34


48



Amount

(yuan)

Percentage

(%)

resettlement

costs

Special assistance for vulnerable

groups

0.03% 45,707,963.43 13,712.39

7 LA Fees 697,693.33 1.31%

Fees for using new construction

land

㎡ 16 31713.33 507,413.33

Forest vegetation restoration

fees

㎡ 6 31713.33 190,280.00

Total 53,275,563.66 100.00%


49

7.2. Annual Resettlement Plan

96. All resettlement funds of the Subproject are from local counterpart funds. Before or during project construction, the civil works and resettlement plan will be implemented in stages in order not to affect the production and livelihoods of the AHs. See Table 7-2.

Table 7-2: Annual Resettlement Plan

Year 2016 2017

Amount (00.000 yuan) 1065.51 4262.05

Percentage(%) 20% 80%

7.3. Disbursement Flow and Plan of Resettlement Funds

7.3.1. Disbursement flow

97. During the implementation of the Subproject, compensation fees will be paid to the affected entities or individuals according to the rates identified herein. The disbursement flow is as follows: first Kuitun PMO applies for the land acquisition and resettlement fund from Kuitun Municipal Government, then Kuitun Financial Bureau disburses relevant compensation to the affected residents, stores and the units with ownership on those land and subsidiary facilities.

7.3.2. Disbursement plan

98. Compensation fees/taxes for LA and LA management fee will be paid to the city land and resources bureau by IA; forest compensation fees, woodland compensation fees, resettlement subsidies and forest vegetation restoration fees will be paid to the city forestry bureau. Forest compensation fees, woodland compensation fees and resettlement subsidies are used by the city forestry bureau or individuals for tree planting and forest vegetation restoration fees will be handed over to national forestry ministry;;compensation for infrastructure and ground attachments will be paid to the affected entities or individuals by IA directly. 99. To ensure that the resettlement funds are available timely and fully, and the APs’ production, livelihoods and income are restored, the following measures will be taken:

All costs related to resettlement will be included in the general budget of the Subproject.

In order to ensure the successful implementation of LA and resettlement, financial and supervisory agencies will be established at all levels to ensure that all funds are disbursed timely and fully. 100. The resettlement costs may be increased due to the change of the subproject area, the modification of the compensation rates and inflation, but the Kuitun PMO will ensure that compensation amounts are fully paid. The budget will be modified as necessary and recorded in final RP and/or through the monitoring reports.


50

8. Organizational Structure and Responsibilities

8.1. Resettlement Action Agencies 101. The agencies responsible for the planning, management, implementation and monitoring of the Subproject’s resettlement activities are:

Kuitun Leading Group Kuitun PMO (EA) KCCB (IA) Kuitun City Land and Resources Bureau (KLRB) Kuitun City House Demolition Management Office (KHDMO) Kuitun City Forestry Bureau (KFB) Design agency

(1) Kuitun Leading Group—leading, organizing and coordinating LA, HD and resettlement activities, reviewing the RP, and implementing internal supervision and inspection. (2) Kuitun PMO—directing the development of resettlement policies and the RP, and LA and HD implementation. (3) KCCB—assisting in the preparation of the RP, and conducting resettlement activities in coordination with the land and resources bureau, sub-district offices and affected community committees as the IA. (4) Kuitun City Land and Resources Bureau—handling, reviewing and approving LA formalities, and responsible for the coordination, management, supervision and arbitration of LA, HD and resettlement. (5) Kuitun City House Demolition Management Office—handling, reviewing and approving HD formalities, and responsible for the coordination, management, supervision and arbitration of HD and resettlement. (6) Kuitun City Forestry Bureau—handling, reviewing and approving woodland acquisition formalities, and responsible for coordination, management, supervision and arbitration. (7) Sub-district office—assisting the PMO’s survey, entering into an LA and HD agreement with the land and resources bureau, and assisting the land and resources department in conducting LA, HD and resettlement. (8) Affected community committees—providing land contracting information, assisting in the survey, providing assistance to vulnerable groups, assisting in the DMS, appraisal, and agreement negotiation and execution. (9) Design agency—conducting project design and defining the range of LA and HD.

8.2. Organizational Qualifications and Staffing

102. The resettlement staff of Kuitun City is from functional departments of KCG. They have rich working experience, have participated in LA, HD and resettlement in a number of local municipal projects, and will play a good organizing and coordinating role in the implementation of the Subproject. The Subproject Leading Group is composed of the following persons: Leader: Liu Cungang Deputy Secretary of the city CPC committee Deputy leader: Shi Guanzhong Deputy Mayor

Li Ping Deputy Mayor


51

Members: Lin Yi Director-general of the KCCB Lin Jiangnan Director-general of the city development and reform

commission Wang Donghong Director-general of the city planning bureau Ding Hongjun Director-general of the city urban management bureau Li Qiang Director-general of the city environmental protection bureau Jia Zhili Director-general of the city agriculture, forestry and

stockbreeding bureau Pan Bin Director-general of the city land and resources bureau Zhao Wenjie Head of the Tuanjie Street Sub-district Office He Xiang Head of the Beijing Road Sub-district Office Wang Jun Head of the Urumqi East Road Sub-district Office Liu SubinXu Dong Head of the Urumqi West Road Sub-district Office QinMeijuan Head of the Railway Station Sub-district Office Xu Xiaobo Director-general of the Planning, Construction and

Environment Office of the Duzishan Development Zone Administrative Committee ZhuJianghong Deputy Director-general of the city development and reform

commission Wang Liangming Deputy Director-general of the KCCB

103. The Kuitun PMO is located at KCCB, responsible for handling routine affairs. The Kuitun PMO is headed by Lin Yi, and co-headed by Ding Hongjun, Pan Bin, Xu Xiaobo, Zhu Jiangjiang, Wang Liangming, Han Xinhua, Liu Jianmei, Lu Heng (economic and construction section member of the city finance bureau), and its members are from the agencies concerned.

8.3. Division of Responsibilities among Agencies

8.3.1. Subproject Leading Group

Responsible for project leadership, organizing, coordination and policy-making, examining the RP, implementing internal supervision and inspection, and making decisions on major issues arising from resettlement.

8.3.2. Kuitun PMO

Entrusting the design agency to define the subproject area; Organizing the socioeconomic survey; Organizing and coordinating the preparation of the RP; Implementing the policies in the RP; Coordinating the implementation of the RP according to the construction

schedule; Disbursing funds and supervising the use thereof; Directing, coordinating and supervising resettlement activities and their

progress; Organizing and implementing internal monitoring, selecting an external M&E

agency, and coordinating with external M&E agencies; Reviewing monitoring reports; Coordinating and handling conflicts and issues arising from implementation; Coordinating and handling disputes and appeals; Reporting resettlement progress, fund use and implementation quality to ADB

regularly.


52

8.3.3. KCCB

Organizing the socioeconomic survey; Conducting the DMS; Organizing public participation activities; Negotiating resettlement programs and organizing the preparation of the RP; Applying for the license for planning of land use and the license for land used

for construction; Implementing measures for HD; Implementing the state policies and regulations on construction land

management; Developing resettlement and compensation programs according to the policies,

and submitting them to competent authorities for approval; Handling the land use approval formalities; Implementing the RP; Entering into compensation and resettlement agreements with the affected

economic organizations together with the Tianbei New District Administrative Committee;

Entering into compensation agreements for temporary land occupation; Entering into compensation and resettlement agreements with the affected

households and entities; Reviewing resettlement implementation; Managing information on LA, HD and resettlement; Training staff; Coordinating and handling conflicts and issues arising from implementation; Coordinating and handling disputes and appeals; Reporting LA, HD and resettlement information to the Kuitun PMO.

8.3.4. Affected sub-district offices

Participating in the survey of the Subproject, and assisting in the preparation of the RP;

Organizing public participation, and propagandizing the resettlement policies; Implementing, inspecting, monitoring and recording all resettlement activities

within its jurisdiction; Handling HD formalities; Responsible for the disbursement and management of land compensation

fees; Supervising LA, HD, house reconstruction and resettlement; Reporting LA, HD and resettlement information to the city land and resources

bureau; Coordinating and handling conflicts and issues arising from its work.

8.3.5. Community committees

Participating in the socioeconomic survey and DMS; Organizing public consultation, and propagandizing the policies on LA and HD; Paying and managing relevant funds; Reporting the APs’ comments and suggestions to the competent authorities; Reporting the progress of resettlement implementation; Providing assistance to displaced households with difficulties.

8.3.6. Design agency

Reducing the impacts of the Subproject through design optimization; and Identifying the range of LA and HD.


53

8.4. Measures to Strengthen Institutional Capacity

106. In order to implement resettlement successfully, the APs and resettlement staff must be trained under a program developed by the Kuitun PMO.

8.4.1. Training Program for Resettlement Management Staff

107. A staff training and human resources development system for the city, sub-district and community-level resettlement agencies will be established by February 2013 and training will be carried out from February to September 2013. Training will be conducted in such forms as expert workshop, skills training course, visiting tour and on-site training. The scope of training includes:

—Principles and policies of resettlement —Resettlement project planning management training —Resettlement implementation planning and design —Resettlement implementation progress control —Resettlement financial management —Resettlement quality control —Management information system —Resettlement M&E —Resettlement project management

8.4.2. Measures for Improving Resettlement Agencies

(1) Define the responsibilities and scope of duty all resettlement agencies, and strengthen supervision and management;

(2) Provide adequate financial and technical support, and improve technical equipment, such as PC, monitoring equipment and means of transportation, etc.;

(3) Select staff strictly, and strengthen operational training for administrative staff and technicians to improve professional proficiency;

(4) Select female officials appropriately and give play to women’s role in resettlement implementation;

(5) Establish a database and strengthen information feedback to ensure a

smooth information flow, and leave major issues to the Subproject Leading Group; (6) Strengthen the reporting system and internal monitoring, and solve issues

timely; and (7) Establish an external M&E mechanism and an early warning system.


54

9. Resettlement Implementation Plan 108. According to the project implementation schedule, the Subproject will be planned and implemented from 2016 to 2018.. In order for resettlement schedule to link up the construction schedule of the Subproject, land acquisition and resettlement will begin in October 2016 and end in December 2017. The basic principles for resettlement implementation are as follows:

LA and HD should be completed at least one month prior to the commencement of construction so that enough time will be provided to local affected residents, stores and relevant units as owner of some subsidiary facilities.

During resettlement, the APs shall have opportunities to participate in the Subproject. Before the commencement of construction, the range of LA will be disclosed, the RIB distributed and public participation activities conducted properly.

All compensation will be paid to the affected proprietors directly and fully within 3 months of approval of the compensation and resettlement program for LA. No entity or individual should use such compensation funds on their behalf, nor should such compensation be discounted for any reason.

9.1. Work before Resettlement Implementation

Verification of the range of LA and HD 109. Verify the range of LA and HD according to the detailed project design. Communicate and confirm the proposed resettlement arrangements to the affected sub-district offices at meetings. The Kuitun PMO had done relevant declaration on resettlement to affected subdistrict offices through meetings, then the LA and HD notices were disclosed to the affected communities by sub-district offices.

Field investigation of the range of LA and HD 110. The Kuitun PMO will organize staff of the sub-district office, HD management office, land and resources bureau, and state-owned farm to visit the subproject area, inspect, verify and register land, houses, attachments and facilities, etc., and judge the nature and ownership of infrastructure.

Finalizing the RP and budget 111. Before the commencement of LA, HD and civil works, the RP will be finalized based on the detailed design and DMS. The Kuitun PMO will finalize the budget according to the most recent applicable policies and regulations, and then submit the RP and budget to KCCB for review. Then the final RP will be submitted to ADB for approval.

Agreement signing 112. Under the coordination and direction of the Kuitun PMO, KCCB will reach LA and HD agreements with the land and resources bureau, and HD management office, and pay compensation fees to APs. 113. Compensation agreements for LA and HD will be entered into based on the compensation rates specified in the RP, which should comply with the state, provincial and city policies and regulations on resettlement, and the measures stipulated in this RP. The land and resources bureau, forestry bureau and HD management office will negotiate compensation and resettlement with the affected community committees, households, enterprises and commercial stores, and enter into agreements. Upon an agreement reached, AP, local land administration bureau and the resettlement office shall sign the LA agreement immediately, a copy of the agreement shall be given to each party and the city land bureau shall oversee and witness the whole process.


55

9.2. Work during Resettlement Implementation

Disbursement of compensation payments

The APs will receive compensation timely after signing agreements.

Land use license

114. The EA should endeavor to obtain all land use licenses timely. LA certificates must be obtained before the payment of compensation and the acquisition of land, houses and private properties.

Relocation and reconstruction of facilities

115. Facilities affected by the Subproject will be demolished under the supervision of the EA. KCCB will pay compensation to proprietors, which will relocate and restore such facilities.

Resettlement

116. The APs may choose cash compensation, property swap or buying commercial housing. whether property swap or buying commercial housing will make APs’ housing conditions improving much.

Internal supervision, and external M&E

117. Internal supervision is the responsibility of the IA (Kuitun PMO), which will submit a progress report to the EA and ADB semiannually. External M&E is the responsibility of the EA, which has entrusted this task to an independent consulting agency (Xinjiang Linshuishe Engineering Technical Consulting Co., Ltd.)who will submit an M&E report to KCCB and ADB semiannually. The purpose of external M&E is assessing whether APs’ incomes and living standards have been fully restored or improved after LA and HD, if not, enforcement measure will be putted forward to ensure that the resettlement will be completed in accordance with RP.

9.3. Work after Resettlement Implementation

Continuing with internal supervision and external M&E;

Filing and documentation

118. After the completion of resettlement, the external monitor should prepare a resettlement completion report, which will be reviewed and filed by KCCB. The general resettlement schedule of the Subproject has been drafted based on the proposed schedule of project construction. Since most of West Ditch HD are completed, the resettlement schedule below focuses resettlement implementation schedule for East Ditch HD. See Table 9-2.

Table 9-2Resettlement Implementation Schedule

No. Tasks Responsible

Agencies Target

Deadline

Deadline

A: Consultation and Disclosure

1 Distribution of RIB PMO 29 households & 2 stores

2016.10 2016.10

2 Notice of RP PMO 2 communities

2016.10 2016.10

3 Post resettlement plan on ADB Website

ADB 2016.10 2016.10

4 Documentation and Approval

PMO 2015-2016 2015-2016


56

No. Tasks Responsible

Agencies Target

Deadline

Deadline

B: DMS and Finalizing RP

5 Verify DMS based on final design

PMO, House Demolition Office

2016.06 2016.07

6

Finalize the resettlement plan based on the detailed design and revised DMS

PMO 2016.07 2016.09

C: Signing Agreements on Land-Acquisition and Compensation Resettlement

7 Disbursement of Land Compensation

PMO,

Land and Resources Bureau

2016.10 2017.06

8 Signing the house demolition agreements with affected households

PMO and House Demolition Office

29 HHs, and 2 shops

2016.10 2017.06

9 Demolition of old houses PMO and House Demolition Office

29 HHs, and 2 shops

2016.12 2017.08

10 Moving to new houses PMO and House Demolition Office

29 HHs, and 2 shops

2016.12 2017.10

11 Training to APs PMO,

Labor and social security bureau

2016.12 2017.02

E: Implementing Capability Building

12

Organize training of the persons who are responsible for compensation resettlement

PMO 2015.03 2016.12

13 Establish an Appeal and Complaint Committee

PMO 2015.04 2015.04

F: Supervision, Monitoring & Evaluation

14 Baseline survey External Monitor 2016.10 2016.10

15 Establish an internal supervision system

PMO 2015.03 --

16 Signing a contract of external monitoring

PMO 2016.03 --

17 Internal monitoring & reporting

PMO

semiannually, project progress reports

2016.10 2018.12

18 External monitoring & reporting

External Monitor Semiannual 2016.10 2018.12

19 Report on completion of resettlement

External Monitor 2018.12 2018.12

57

10. Monitoring and Evaluation

119. In order to ensure the successful implementation of the RP and realize the

objectives of resettlement properly, land acquisition, property demolition and

resettlement activities of the Subproject will be subject to periodic M&E according to

ADB’s resettlement policy requirements, including internal monitoring of project

implementation agency and external monitoring of independent agency.

10.1. Internal Monitoring

10.1.1. Purpose

120. The purpose of internal monitoring is to enable all resettlement agencies to

function properly during project implementation, conduct internal supervision and

inspection on the whole process of resettlement preparation and implementation,

learn resettlement progress, and ensure that the land acquisition, house demolition

and resettlement work can be completed on schedule according to the RP, and

promote successful project construction.

10.1.2. Organization and staff

121. The internal resettlement monitoring agencies of the Xinjiang PMO, Kuitun PMO

and other relevant authorities (e.g., land and resources bureau, HD management

office). These agencies will have a leader who is responsible specifically for the

resettlement work. Such leaders should have rich resettlement experience and

authority, and be able to coordinate all departments involved in the resettlement work.

The members of such agencies should have knowledge on resettlement and social

issues so as to perform their duties.

10.1.3. Scope of Internal Monitoring

122. The Xinjiang PMO and Kuitun PMO will develop a detailed internal monitoring

plan for land acquisition and resettlement, including:

(1) Relocation of APs, allocation of housing sites and house reconstruction, etc.;

(2) Relocation of shops and the employment of the employees;

(3) Payment, use and availability of compensation fees for land acquisition, and

implementation progress and quality of production and development options of APs;

(4) Investigation, coordination of and suggestion on key issues of the resettlement

and implementing agencies during LA, HD and resettlement;

(5) Restoration of the household income of APs;

(6) Payment, use and availability of compensation funds;

(7) Level of public participation and consultation during LA, HD and resettlement;

(8) Resettlement training and its effectiveness; and

(9) Working mechanism, training, working hours and efficiency of local resettlement

offices.

58

10.1.4. Internal monitoring reporting

123. The Xinjiang PMO will submit a quarterly progress report to ADB. Such report

should indicate the statistics of the past 6 months in tables, and this should reflect the

progress of land acquisition, resettlement and use of compensation funds through

comparison with the budgeted amount and schedule. Table 10-1 and Table 10-2

provide some formats.

Table 10-1 Progress Report on Resettlement for LA and HD

________, ________ community, ______ sub-district

Cut-off date: MM/DD/YY

Date of completion: MM/DD/YY

Item Unit Planned Actually

completed Accumulated

Percentage

of completion

Permanent land

acquisition

mu

Temporary land

occupation

mu

Payment of land

compensation fees

10,000

yuan

Training Person

Employment

arrangement

Person

Reported by: ______ Signature (person responsible): ______ Official seal:

Table 10-2 Progress of Fund Utilization

________, ________Township, ______ District (County)

Cut-off date: MM/DD/YY

Date of completion: MM/DD/YY

Affected

entity Description

Unit/

qty.

Required

investment

(yuan)

Compensation

received

(yuan)

Adjusted

compensation

Percentage of

compensation

Community

1

Community

2

Displaced

household

Entity

Reported by: ______ Signature (person responsible): ______ Official seal:

10.2. External Monitoring

124. According to ADB’s policies, the Xinjiang PMO will employ Xinjiang Linshuishe

Engineering Technical Consulting Co., Ltd. as independent resettlement external

monitoring agency.

125. The external M&E agency will conduct follow-up M&E of resettlement activities

periodically, monitor resettlement progress, quality and funding, and give advice. It will

also conduct follow-up monitoring of the APs’ production level and living standard, and

59

submit M&E reports to the KuitunPMO and ADB.

10.2.1. Scope and Methodology of External Monitoring

(1) Baseline survey. The external M&E agency will conduct a baseline survey

on affected household by LA to obtain baseline data on AHs’ production level and

living standard. Use typical sample follow-up survey, random interviews and on-site

observation and other methods, and get necessary information. Conduct statistical

analysis on this basis to evaluate.

(2) Periodic M&E. During the implementation of the RP, the external M&E

agency will conduct periodic follow-up resettlement monitoring semiannually of the

following activities by means of field observation, panel survey and random interview:

Timely payment and amount of compensation;

Preparation and adequacy of resettlement sites and housing;

Relocation of APs to new houses;

Training;

Restoration and reconstruction of infrastructure and special facilities;

Adequacy of compensation for lost properties;

Compensation for lost working days;

Transition subsidy;

Timetables of the above activities (applicable at any time);

Resettlement organizations;

Growth situation of labor employment income

(3) Public consultation

126. The external M&E agency will attend public consultation meetings held during

resettlement implementation to evaluate the effectiveness of public participation.

(4) Grievance redress

127. The external M&E agency will visit the affected village groups periodically, and

inquire with the Kuitun PMO, resettlement offices and neighborhood committees that

accept grievances to assess how well grievances have been handled. It will also meet

complainants and propose corrective measures and advice for existing issues so as

to make the resettlement process more effectively.

128. The external monitor will also verify the data and findings of the internal

monitoring reports.

10.2.2. External monitoring reporting

129. The external M&E agency will submit a monitoring and evaluation report to ADB

and the Xinjiang PMO semiannually.

60

Table 10-3 Reporting Schedule for Resettlement M&E

Resettlement report Date

1 Social and economic baseline survey 2016.10

2 M&E Report (No.1) 2016.10

3 M&E Report (No.2) 2017.4

4 M&E Report (No.3) 2017.10

5 M&E Report (No.4) 2018.4

6 M&E Report (No.5) 2018.10

7 M&E Report (final evaluation) 2019.10

61

Appendix 1：Due Diligence Report on The West Ditch’s Resettlement

Kuitun Integrated Urban Development and

Environment Improvement Project

Resettlement of the West Ditch within Kuitun City

Due Diligence Report

62

Preface

This Due Diligence Report on Resettlement of the West Ditch within Kuitun City is

investigation on conducted resettlement for construction of the West Ditch within Kuitun

City. The West Ditch Construction is one of contents of the Kuitun Urban Infrastructure

and Environment Improvement Project as one of components of ADB financed Xinjiang

Integrated Urban Development Project.

Main contents of the report include the impact scope of land acquisition and house

demolition of the Construction of the West Ditch within Kuitun City, completed

resettlement scope, compensation and resettlement progress as well as appeal and

monitoring.

63

1. Project Summary and Impact Scope

1.1Project Summary

In order to further improve Kuitun City’s urban infrastructure, ecological and living

environment, and image, improve flood control capacity, and adapt to economic and

social development, Kuitun City Government plans to implement the Urban Infrastructure

and Environment Improvement Project with an ADB loan. The project consists of five

components: (1) river channel management; (2) construction of flood drainage channel

facilities; (3) shelter forest cultivation; (4) waste disposal and sewage interception; (5)

not-for-profit water management. The project is one of components of the ADB-financed

Xinjiang Integrated Urban Development Project, and the implementing agency (IA) of the

Subproject is Kuitun City Construction Bureau (KCCB).

1.2 Project Contents Related to Resettlement

The river rehabilitation of the project involved land acquisition and house demolition. The

river rehabilitation includes widening the six existing ditches or channels, waste disposal,

construction of flood drainage channel facilities, and shelter forest cultivation. The six

existing ditches or channels are located in Kuitun City and Tianbei New District. Kuitun

City has (i) the West Ditch: section from Akesu Road as a south point to Urumqi West

Road as a north point with length of 1.605 km; (ii) the East Ditch: section from Urumqi

East Road as a south point to Qingquan Road as a north point with length of 0.601 km;

and (iii) the South Main Channel (or Nangan Channel): Dongpai Branch Channel 1 as a

west point to the existing East Ditch as a east point with length of 3.732 km.

1.3 Impact Scope of Land Acqusition and Home Demolition within Kuitun

City

1.3.1 Land Acquisition

The construction within Kuitun City doesn’t involve collective land acquisition, but involve

permanent acquisition of state land of 606.22 mu, including unused land of 172.7 mu,

construction land of 385.96 mu (including housing land of 3.86 mu), forestry land of 47.57

mu. No state farmland is involved.

Among the state land, the construction of the West Ditch involves 224.10 mu.

1.3.2 Home Demolition

The construction within Kuitun City involves structure demolition of residential houses,

small businesses and enterprises houses. A total area of 33,269.87 m2 houses with

various types of structures will be demolished, including residential houses of 16,810.81

m2, small business houses of 14,416.64 m

2, and enterprise houses of 2,042.42 m

2.

Among the house area, the construction of the West Ditch involves a total area of

21,386.47 m2, including residential houses of 5,312.09 m

2, small business houses of

14,031.96 m2, and enterprise houses of 2,042.42 m

2.

64

1.3.3 Affected People

The land acquisition of the construction within Kuitun City doesn’t affect any people

because all of acquired land are state non-farmland. Affected people is due to house

demolition in a total of 317 persons, including 61 residential households with 215 persons;

48 small businesses with 102 persons; and two enterprises but no affected employees.

The construction of the West Ditch involves 32 residential households with 115 persons;

46 small businesses with 97 persons; and two enterprises but no affected employees.

2. Resettlement Progress of the West Ditch Construction within Kuitun City

Kuitun City Government approved the Resettlement Plan (RP) in February 2013. A

resettlement work group, composed of Kuitun ADB Project Management Office (PMO),

Kuitun Contruction Bureau, House Demolition Office, Kuitun Land Administration Bureau,

Tianbei New District and affected state farms, was established in April 2013.

The resettlement work group started land acquisition and house demolition and

resettlement within area affected by the construction in accordance with the RP approved

by both Kuitun Government and ADB, and relevant laws and regulations of national,

Xinjiang Region and Kuitun City.

The land acquisition for the construction had been conducted from May 2013 to end

August 2016 according to relevant review and approval procedures of governments.

Comments on Pre-Review of Construction Land Usage has completed, but the whole

process of the complete land acquisition has not completed yet. Therefore, the land

acquisition has been included in the updated RP, and will complete the whole necessary

process.

By August 2016, for the West Ditch Construction within Kuitun City, the house demolition

of all of 32 residential households with 5,312.09 m2 and two enterprises with 2,024.24 m

2,

and 36 out of 46 small businesses, with 9,638.91 m2 was completed. Therefore, only

remaining 4,396.05 m2 of 10 small businesses has not been demolished, which will affect

33 employees and is included in the updated RP.

2.1 Demolition of Residential Houses

The demolished residential house area is summarized in Table 2-1.

Table 2-1: Demolished Residential Houses

C

o

m

m

u

ni

ty

The West Ditch Section within Kuitun City

Affected HH Area of Main

House（㎡）

Area of Side

House（㎡） Area of Attached House（㎡）

T

ot

al

De

mol

ish

Not

De

mol

Brick

-conc

rete

Bri

ck-

wo

E

a

r

Br

ic

k-

Br

ic

k-

E

ar

th

C

ol

or

B

as

e

Stable Shed

Si

m

pl

65

ed ish

ed1

od t

h

-

w

o

o

d

co

nc

re

te

w

oo

d

-

w

o

o

d

St

ee

l

m

en

t

e

Br

ic

k-

co

nc

re

te

Br

ic

k-

co

nc

re

te

Br

ic

k-

w

oo

d

Ea

rt

h

-w

oo

d

B

ri

c

k-

c

o

n

cr

et

e

Br

ic

k-

w

oo

d

E

ar

th

-

w

o

o

d

Br

ic

k-

w

o

o

d

Z

he

ny

u

G

ar

de

n

12 11 1 130.2

6

394

.05

7

6

.

3

2

0 0 0 0 0 0

10

4.

31

0 4

3

15

0.

38

6

2.

4

8

57

.4

4

W

en

yi

ng

G

ar

de

n

20 20 0 950.1

5

386

.99

4

4

6

.

3

8

36

3.

47

35

9.

79

6

6.

5

3

97

.3

1

23

8.

37

39

3.

31

58

9.

28

10

9.

13

6

0.

5

20

3.

46

1

2.

6

10

2.

73

To

tal 32 31 1

1080.

41

781

.04

5

2

2

.

7

36

3.

47

35

9.

76

6

6.

5

3

97

.3

1

23

8.

37

39

3.

31

69

3.

59

10

9.

13

1

0

3.

5

35

3.

84

7

5.

0

8

16

0.

17

Note 1: This household has signed the resettlement agreement and can move out at any time, so it

is considered as the demolished household in the report.

2.2 Demolition of Small Business Houses

The demolished small business house area is summarized in Table 2-2.

Table 2-2: Demolished Small Business Houses

Com The West Ditch Section within Kuitun City

66

muni

ty Affected HH Area of Main

House（㎡）

Area of Side

House（㎡） Area of Attached House（㎡）

To

tal

De

mol

ishe

d

Not

De

mol

ishe

d1

Bri

ck

-c

on

cr

et

e

Bri

ck

-w

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d

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ar

th

-w

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o

d

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ri

c

k

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c

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n

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r

e

t

e

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ri

c

k-

w

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d

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a

rt

h

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w

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o

d

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lor

St

eel

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as

e

m

en

t

Stable Shed

Si

m

pl

e

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ic

k-

co

nc

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te

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ri

c

k

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c

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n

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ic

k-

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d

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a

rt

h

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d

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ic

k-

co

nc

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ck

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d

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a

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h

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o

d

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ic

k-

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d

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yu

Gard

en

14 14 0

63

4.1

6

47

9.3

6

11

1.

38

0 0 0

68

8.5

8

64

7.

9

2

5

9

0 0

33

1.

69

86

1.7

5

0

19

2.

5

Wen

ying

Gard

en

33 21 12

56

7.3

9

12

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4.

1

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97.

63

32

.2

3

2

1

8

80

8.

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0

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.6

8

24

0.1

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0

54

.6

4

Total 47 35 12

12

01.

55

16

93.

8

11

1.

38

0

5

4.

1

8

0

21

86.

21

68

0.

13

4

7

7

80

8.

15

0

37

5.

37

11

01.

89

0

24

7.

14

2.3 Demolition of Enterprise Houses

The demolished house area of two enterprises, Jufeng Commercial Trade Company and

Linfeng Cotton Industry Company is summarized in Table 2-3.

Table 2-3: Demolished Enterprise Houses

N

o

L

o

C

o

Basic

Info

Bu

sin

Main

House（㎡）

Side House

（㎡） Attached House（㎡）

To

tal

67

. c

a

t

i

o

n

m

m

u

n

it

y N

a

m

e

O

w

ne

r

es

s

Br

ic

k-

co

nc

re

te

B

ri

c

k

-

w

o

o

d

E

a

rt

h

-

w

o

o

d

B

ri

c

k-

c

o

n

cr

et

e

B

ri

c

k

-

w

o

o

d

E

a

rt

h

-

w

o

o

d

C

ol

or

St

ee

l

B

as

e

m

en

t

Stable Shed

S

i

m

p

l

e

（

㎡

）

Br

ic

k-

co

nc

re

te

Br

ic

k-

co

nc

re

te

B

ri

c

k-

w

o

o

d

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a

rt

h

-

w

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o

d

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ic

k-

co

nc

re

te

B

ri

c

k

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w

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d

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th

-

w

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o

d

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c

k

-

w

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d

1

T

u

o

l

i

S

t

r

e

e

t

Z

h

e

n

y

u

G

a

r

d

e

n

J

u

f

e

n

g

Zh

an

g

Lu

mi

ng

Po

ultr

y

19

1.

68

67

7.

95

14

2.

18

2

3

4

19

1.

68

6

0

.

9

14

98

.4

3

2

L

i

n

f

e

n

g

C

he

n

Li

Cot

ton

97

.0

4

4

2.

3

5

82

.3

2

2

6

3.

8

42

.2

1

0.

0

8

6

.

1

7

54

3.

99

2.4 Summary of Compensation and Resettlement

All of 32 demolished households, including 20 households in Wenying Garden and 12

households in Zhenyu Garden, received cash compensation or house replacement

resettlement according to House Demolition Agreements. 28 households choose cash

compensation, while 4 households choose hous replacement and moved into Wenying

Garden Community.

All of 36 demolished small businesses choose cash compensation because they have

other houses in Kuitun City. They will decide to continue their business operation or not by

themselves.

All of 2 demolished enterprises accepted cash compensation and decided not to operate

their business continually.

3. House Evaluation and Compensation Standards

68

3.1 House Evaluation

Kuitun PMO selected three qualified house evaluation company as candidates for the

project in 2012 and then confirm one company as the independent house evaluation

agency through a tendering process, selection meeting, affected residents’ participation

and vote. Under supervision of Kuitun City Notarization Office, Xinjiang Xingfang Real

Estate Evaluation Consulting Company was as the independent third-party evaluation

agency. The tendering result was published for 30 days.

The evaluation agency evaluated houses in the method of replacement prices according

to current construction materials, technology and techniques, house structure and

decoration, cost prices to rebuild the same houses with the same functions, etc. The

evaluation results were published in community or village committees. Only after affected

residents accepted the results, the land acquisition and house demolition office can sign

the compensation agreements with affected residents. Final compensation standards,

including house compensation, house decoration and attachment compensations, were

agreed by consultation between the land acquisition and house demolition office and

affected residents after detail measures and evaluation by the evaluation agency.

3.2 Compensation Standards of Residential Houses

Compensation standards of residential house demolition considered real estate prices at

the same location and time of house demolition, and any price changes of local house

markets, and finally confirmed by consultation with affected residents according to

evaluation results by the evaluation agency. Detail compensation standards is presented

in Table 3-1.

Table 3-1: Compensation Standards of Residential Houses


House compensation

Main rooms

(licensed)








To be compensated for at 1:1 of the size of the


Main rooms

(unlicensed)




Wing rooms

(simple

structures)






Stables




Sheds Masonry concrete yuan/m2 350

69




Other subsidies

Moving subsidy yuan/m2 10


Source: Kuitun City House Demolition Office

Since the compensation standards of residential houses confirmed by considering

real estate market prices in year of the project preparation, the actual compensation

standards are higher than the original standards.

3.3 Compensation Standards of Small Business Houses

According to relevant policies and regulations, combining location evaluation, the

compensation standards of small business house demolition is presented in Table 3-2.

Table 3-2: Compensation Standards of Small Business House Demolition


House compensation

Operating stores yuan/

m2

6146

Any operating store with full formalities will be compensated

for at 1:1.1 (6,760 yuan/m2).


formality.

Motor repair,

machining and other

stores

yuan/

m2

6146


formalities will be compensated for at 1:1 (6,146 yuan/m2).


formality.

Land compensation

State Land yuan/

m2

430

Based on evaluation on land use types and location, etc. (all

land affected by the project is temporary construction land,

and their license to use the land is out of date, so no

compensation.)

Other subsidies

Moving subsidy yuan/

m2

12

Transition subsidy

yuan/

m2/m

onth


Source: Kuitun City House Demolition Office

Since the compensation standards of small business houses confirmed by

considering real estate market prices in year of the project preparation, the actual

compensation standards are higher than the original standards.

3.4 Compensation Standards of Enterprise Houses

The final compensation prices of affected enterprise houses were confirmed by

consultation between the house demolition office and affected enterprises after the house

70

evaluation by the evaluation agency. Any losses due to production suspending during

house demolition are compensated according to auditing to relevant tax records and

actual losses.

Table 3-3: Compensation Standards of Enterprise House Demolition


House compensation




Land compensation

State Land yuan/m2 135

For land with State Land Use

Certificate, based on consultation

according to land classes and basic

prices in urban area of Kuitun City in

2012, and final prices is confirmed

according to market evaluation.

Other subsidies

Moving subsidy m2 12

Calculation based on legal construction

area

Transition subsidy m2 12

Calculation based on legal construction

area, and actual extension time.

4. Resettlement

4.1 Residential House Demolition and Resettlement

The households affected by HD may choose cash compensation or property swap. They

may choose a resettlement mode based on affordability and individualized needs.

Property swap: A house will be appraised by a real estate appraisal agency based on

location, building structure, building size, floor and decoration, and by reference to

market price. The real estate appraisal agency will listen to an AH’s comments before

fixing its house’s appraised price; if the AH agrees with property swap, its house will

be exchanged based on approved (licensed) floor space at the following rates: 1:1.2

of the size of the acquired house in masonry concrete structure (licensed main rooms),

1:1.1 of the size of the acquired house in masonry timber structure (licensed main

rooms) and 1:1 of the size of the acquired house in earth timber structure (licensed

main rooms); other houses (unlicensed) and facilities will be compensated for at

appraised price. The resettlement housing offered is in the form of new multi-storied

buildings, and will be offered first to whoever moves first. The size of resettlement

housing under property swap includes shared size. If the building area of the

resettlement apartment is greater than that of the demolished house, any excess size

of not more than 10 m2 will be paid for at construction cost, and any excess size of

more than 10 m2 will be paid for at appraised price.

Cash compensation: A house will be appraised by a real estate appraisal agency

based on location, building structure, building size, floor and decoration, and by

71

reference to market price; 1:1.2 of the size of the acquired house in masonry concrete

structure (licensed main rooms), 1:1.1 of the size of the acquired house in masonry

timber structure (licensed main rooms) and 1:1 of the size of the acquired house in

earth timber structure (licensed main rooms); other houses (unlicensed) and facilities

will be compensated for at appraised price.

According to the survey, among the demolished 32 residential households, 4

households choose the property swap, while others choose the cash compensation.

All of the 4 households have moved into Wenying Garden Community, while all others

have signed demolition agreements and received compensations.

All of demolished 36 small businesses and 2 enterprises choose cash

compensation, signed the compensation agreements and received the

compensations.

Constructed resettlement community is presented in annex.

Table 4-1: Information on Households Who Choose Property Swap

No. Name

Resettlem

ent

Communit

y

House

Area Location Moved Time

1 Li

Caifen

Wenying

Garden 89.36m

2 211 Room, 2 unit, Building 11

March 2015

2 Li

Rong

Wenying

Garden 89.36m


March 2015

3

Wang

Garde

nchao

Wenying

Garden 89.36m


March 2015

4

Li

Jingw

u

Wenying

Garden 80.26m


March 2015

According to the survey, the project affected Li Caifen’s residential house and a

store along a street. She choose the property swap for her residential house, but the

cash compensation for her store. She selected a condo with 89.36 m2 as residential

house, and received CNY839,748 of compensation for her store demolition. Wenying

Garden community was constructed in 2014, and Ms. Li started her condo decoration

in March 2015, and then moved in the condo. She is satisfactory with the environment

of the community.

4.2 Small Business House Demolition and Resettlement

72

All of demolished 36 small businesses choose cash compensation. Some owners

of the small businesses had stopped their operation for some time, and had no plan to

operate their businesses again. Some owners didn’t like to operate their businesses

continually, and considered doing other investments after received the compensation.

The owners who had plans to continue their businesses liked to select their new

commercial location and businesses, so they can conduct their businesses flexible

after received the cash compensation.

Photo 4-1: Residential Resettlement Condo

5. Public Participation, Complain and Appeal

5.1 Public Participation

During visited to Construction Bureau, PMO, Land Administration Bureau, Land

Acquisition and House Demolition Office of Kuitun City, as well as affected

communities, conducted field survey, interviewed with affected households, and

conducted questionnaire survey, it is understood that the public participation and

73

consultation were addressed during the resettlement policy formation, preparation

and implementation of the RP. Different comments on the resettlement from social

organizations, relevant government departments, and affected communities and

people were heard and accepted. The various parties were encouraged to participate

in the resettlement and reconstruction. During the project preparation and feasibility

study, the PMO and design institutes (DI) consulted suggestions and comments on

project construction, resettlement measures and methods with relevant local

departments, people organizations, town governments as well as residents’ and

religious representatives. During the resettlement preparation, the land acquisition

and house demolition office consulted again comments on the resettlement and

compensation policies with relevant governments in different levels and affected

people’s representatives. During the project implementation, resettlement institutes in

different levels will further encourage people to participate in resettlement, production

recovery and reconstruction.

5.1.1 Public Participation Organized by Project Units

During the project design and planning, Kuitun PMO organized the DI to conduct

public consultation. A Resettlement Information Booklet (RIB) was prepared during

land acquisition and house demolition preparation, delivered to affected people, and

published to all people who like to know the project.

In February 2013, the PMO organized interview meeting with affected residents to

introduce the project contents, impact scope of the house demolition, and the

compensation policies, to hear residents’ suggestions and comments.

In July 2013, Kuitun City House Demolition Office posted public announcement in

communities to introduce compensation methods and standards for house demolition

for affected people.

Photo 5-1: Residents Meeting and Posted Resettlement Information

During the resettlement implementation, a special ADB project working group was

established to ensure effective work, hear affected people’s comments, and report to

high level departments to reduce negative impacts on various stakeholders in

maximum and ensure protection of legal rights of affected people.

74

During the monitoring, it was found that the PMO prepared a bilingual RIB in order let

different nationality peoples understand the project contents and information

conveniently.

Photo 5-2: Delivered Bilingual RIB

In August 2014, the PMO, Construction Bureau, House Demolition Office, and Land

Administration Bureau, etc. of Kuitun City held a resettlement meeting for relevant

government departments and provided training to the staffs to focus on resettlement,

potential problems and solutions.

Photo 5-3: Resettlement Meeting and Training

Table 5-4: Summary of Public Participation Activities

75

Purpose Method Time Unit

Parti

cipa

nt

Issue Completed or not

Publish

RP or

RIB

Deliver

RIB 2013.3

Kuitun

PMO APs

Compensation

standards and

appeal

procedures, etc.

Completed

Select

third-par

ty

evaluati

on

agency

Meeting

and vote

of

resident

s

2012.12 Kuitun

PMO APs

Select the

evaluation agency

in equitable, fair,

open method

Completed

Publish

RP

ADB

Web Site 2013.2 ADB

Kuitu

n

PMO

Officially publish

RP and its main

contents

Completed

Announ

cement

on Land

Acquisiti

on

State

Farms/re

sidents

meeting

2013.3 Kuitun

PMO

All

APs

Publish land area,

compensation

standards and

resettlement

measures

Completed

76


Parti

cipa

nt


Announ

cement

on

resettle

ment

methods

State

Farms/re

sidents

meeting

2013.10

Kuitun

PMO and

state

farm

leaders

All

APs

Compensation

cost and payment

methods

Completed

DMS Field

measure

2015.10-2016

.4

Kuitun

PMO,

street

and

communit

y leaders

All

APs

Confirm final

impact scope;

Detail property list,

compensation

agreement and

basic contract

preparation

On-going

Confirm

income

recovery

plan

Resident

meeting 2015.10

Kuitun

PMO,

street

and

communit

y leaders

All

APs

Discuss final

income recovery

plan and use of

compensation

fund

Completed

Notice

date to

disburse

compen

sation

Resident

s

meeting

2015

Kuitun

PMO,

street

and

communit

y leaders

All

APs

Notice

compensation and

disbursement date

Completed

Monitori

ng

Resident

s

interview

2016 to

project

completion

Kuitun

PMO,

land

administr

ation

bureau,

street

and

communit

Sam

pling

Understand RP

implementation

and APs’

livelihood

recovery, etc.

On-going

77


Parti

cipa

nt


y leaders

In March 2014, Kuitun PMO held a public participation meeting to introduce the

project contents and related information, delivered the RIB to APs, collected APs’

comments and suggestions to ensure APs’ participation in the project and maximum

benefits to APs.

Photo 5-4: Public Participation and Delivered RIB

5.1.2 Public Participation Orgnized by External Monitoring Agency

A external resettlement monitoring team from Xinjiang Linshuishe Engineering and

78

Technology Consulting Services Ltd. visited the PMO, Construction Bureau, Land

Administration Bureau, House Demolition Office, and affected streets and

communities, and conducted interview with APs and questionnaire survey. It was

found that various related institutes paid much attention to the public participation and

consultation during the project design and implementation. They heard widely APs’

comments, studied design schemes many times to reduce amount of acquired land

area and APs, and decreased negative impacts of the project on local residents. The

public participation activities organized by the monitoring team is presented in Table

5-2.

79

Table 5-5: Summary of Public Participation Activities Organized by the Monitoring Team

No. Time Location Method Issue Participant Conclusion Summary

1 2016.3.25

PMO, Construction

Bureau, Land

Administration

Bureau, House

Demolition Office,

etc.

Interview and

discussion

meeting

Impact scope,

schedule plan and land

compensation

standards

Staffs from PMO, relevant

government divisions and

monitoring team

Confirmed impact scope,

compensation standards, and

actual resettlement progress

2 2016.3.26 PMO, Construction

Bureau

Interview and

discussion

meeting with

community

leaders

Detail impact scope by

each subproject

Staffs from PMO, communities

and monitoring team

11. Understood amount of

affected households, detail

land acquisition and house

demolition procedures and

methods

3 2016.3.26

PMO, Construction

Bureau, House

Demolition Office

Discussion

meeting and

questionnaire

survey

Actual impacts of

construction on local

residents

Staffs from PMO, APs and

monitoring team

Understood APs’ complains and

appeal, and typical household

economic status as well as

delivery of compensation 了

4 2016.3.31

PMO, House

Demolition Office,

etc.

Interview and

discussion

meeting

Review of

compensation cost for

house demolition

Staffs from PMO, relevant

government divisions and

monitoring team

Further review of relevant

resettlement compensation fund

and its delivery

80

5.2 Complains and Appeal

The PMO has established a transparent and effective complain and appeal channel in

order to solve resettlement problems effectively and ensure successful

implementation of the project construction and land acquisition and house demolition,

as presented in the RP for details.

Since detail and careful work, the government’s policies of land acquisition and house

demolition for the project received APs’ understanding and supporting. Different

opinions on the resettlement policies were made agreement through residents’

discussion meeting and consultation. The PMO and House Demolition Office had

done much work for the resettlement during the project preparation. By this monitoring,

APs’ complains and appeal have not happened.

5.3 Contact Methods for Complains and Appeal

Various resettlement institutes have appointed main staffs to charge of collecting and

accepting APs’ complains and appeal, their names, office locations and phone

numbers is presented as follows:

Table 5-6: Contact Infromation

Institution 12. Position 13. Name

14. Nat

ion

alit

y

15. Contact

Phone

Number

81

16. Wenying Garden

Community Committee

17. Person

in

Charge

18. Liu Lihui

19. Ha

n

20. 137099270

71

21. Tunfu Garden Community

Committee

22. Person

in

Charge

23. Ni

Jianjun

24. Ha

n

25. 189997085

79

26. Fengdeng Garden

Community Committee

27. Person

in

Charge

28. Wang

Jianguo

29. Ha

n

30. 135791681

31

Wenying Garden Community

Committee

Person in

Charge Su Gela Hasake 13519949373

Hulanbrak Community

Committee

Person in

Charge Liu Wei Han 18209007788

Tianbei New District Person in

Charge

Bai

Xiucheng Han 13565567966

Urumqi East Road Sub-district

Office

Person in

Charge Zhang Tiping Han 18935869918

Urumqi West Road

Sub-district Office

Person in

Charge Liu Subing Han 13999709209

Beijing Road Sub-district

Office

Person in

Charge

Zhang

Weijun Han 13519948666

Kuitun City Land

Administration Bureau

Person in

Charge Ma Bin Han 13779070682

Kuitun City Land Acquisition

and House Demolition Office

Person in

Charge Chen Hui Han 15199953191

82

Kuitun PMO Person in

Charge

Wang

Liangming Han 13899559555

Kuitun City Department for

Letters and Visits

Person in

Charge Liu Jun Han 13309921017

Kuitun City Disciplinary

Inspection Department

Person in

Charge

Chen

Zhiyuan Han 13899550801

Kuitun City Legal Department Person in

Charge Zeng Ping Han 18935868006

Xinjiang Linshuishe

Engineering and Technology

Consulting Services Ltd.

Person in

Charge Yan Lei Han 0991-3638030

6. Conclusions

By August 2016, the resettlement of the West Ditch section within Kuitun City was

implemented smoothly. The land acquisition is conducted in accordance with relevant

government’s review and approval procedures, and has completed Comments on

Pre-review of Construction Land Usage, but the whole necessary processes have not

completed. The land acquisition work has been included in the updated RP, and will

complete the whole necessary process continually.

For the West Ditch Construction within Kuitun City, the house demolition of all of 32

residential households with 5,312.09 m2 and two enterprises with 2,024.24 m2, and

36 out of 46 small businesses, with 9,638.91 m2 was completed. Therefore, only

remaining 4,396.05 m2 of 10 small businesses has not been demolished, which will

affect 33 employees and is included in the updated RP.

For the demolished residential households, 28 households choose the cash

compensation, while 4 households choose the property swap. All of the 4 households

have moved into the resettlement community and are satisfied with the community

environment.

All of demolished 36 small businesses and 2 enterprises choose cash compensation,

signed the compensation agreements and received the compensations.

Kuitun City Government has established the land acquisition and house

demolition office, composed of relevant departments, to charge of all land acquisition

and house demolition of this project.

Established resettlement complains and appeal channel is working well. APs

understand the appeal channel when their rights are violated. Since detail and careful

work,

Since detail and careful work, the government’s policies of land acquisition and house

demolition for the project received APs’ understanding and supporting. Different

opinions on the resettlement policies were made agreement through residents’

discussion meeting and consultation. The PMO and House Demolition Office had

83

done much work for the resettlement during the project preparation. By this monitoring,

APs’ complains and appeal have not happened.

84

Annex 1：Comments on Pre-review of Construction Land Usage

Figure 1：Comments on Pre-review of Construction Land Usage

Annex 2：Comments on Selection of Project Location

Figure 2：Comments on Selection of Project Location

Annex 3：Demolished Houses of Kuitun City

85

Figure 3：Demolished Houses of Kuitun City

86

Annex 4： Current Status of Rivers/Ditches/Channels of Kuitun City

Figure 4：Current Status of Rivers/Ditches/Channels of Kuitun City

87

Annex 5：Current Status of Wenying Garden Community of Kuitun City

Figure 5：Current Status of Wenying Garden Community

88

Annex 6：Statistic List of Demolished Residential Houses of the West Ditch Section within Kuitun City

地下室简棚

砖混砖混砖木土木砖混砖木土木砖木

1 沙热古丽.卡迪尔 70.26 70.26 234429 货币补偿

2 李彩芬 60 43 20.4 123.4 11520 1280 18432 86282 产权置换迁移费100元

3 达吾提.依敏 57.41 20.13 62.48 8.36 148.38 74180 912 721459 货币补偿迁移费100元

4 阿不力克木 35.8 33.27 69.07 133093 货币补偿

5 海里切古丽 114.22 40.52 24.12 178.86 142710 货币补偿

6 麦麦提敏 39.95 75.01 18.9 133.86 21243 399.5 1438 214006.5 货币补偿

7 马维征 48.4 48.4 25737 490 1764 227076 货币补偿

8 马存祥 54.18 71.04 30.18 155.4 28810 550 1980 292327 货币补偿

9 茹则古丽.喀则 79.89 10.72 90.61 271407 货币补偿

10 马穆提.库尔班 35.1 12.6 47.7 124326 货币补偿

11 刘重武 90 22.58 16.15 65.45 194.18 284643 4418 3240 2580245 货币补偿

12 刘秀三 64 92.88 12.53 169.41 46406 640 2304 413898 货币补偿

13 梅明阳 64 26 28.89 5.47 8.51 132.87 46406 640 2304 388958 货币补偿

14 李荣 124.64 44.24 99.44 16.8 285.12 1380 19872 79613 产权置换

15 州教 201.24 49.16 26.46 276.86 242934 货币补偿

16 苟宴平 64 4.17 66.25 134.42 46406 640 2304 387842 货币补偿

17 马贞勇 64 43.43 31.86 71.06 210.35 46406 640 2304 482096 货币补偿迁移费1100元

18 李兴岳 85.4 139.21 109.13 1.59 335.33 61924 860 3096 507032 货币补偿迁移费200元

19 李海峰 96 46.71 17.37 9.86 169.94 69610 960 3456 502744 货币补偿

20 苟礼俊 64 18.18 5.77 30.71 6.04 124.7 46406 640 2304 376353 货币补偿迁移费200元

21 刘青松 96 393.31 361.87 6.32 857.5 61930 960 34576 1064540 货币补偿

22 杨山民 64 34.14 73.57 11.6 183.31 46406 640 2304 440172 货币补偿

23 赵关成 72.24 37.79 110.03 260139 货币补偿

24 麦麦提吐尔逊.玉麦尔 128.75 50.41 23.46 202.62 70182 1290 4644 623504 货币补偿迁移费100元

25 韩思星 86.88 86.88 62996 870 3132 463005 货币补偿迁移费100元

26 岑金文 64 50.4 85.1 199.5 46406 640 2304 417297 货币补偿

27 王远超 64 1.6 65.62 131.22 11520 1280 18432 86025 产权置换

28 余海深 63.28 66.33 23.78 153.39 45884 640 2304 399580 货币补偿迁移费100元

29 王建稳 64 88.81 8.98 161.79 46406 640 2304 403853 货币补偿

30 来永珍 64 4.29 44.9 10.36 123.55 46406 640 2304 364106 货币补偿迁移费100元

31 李敬伍 64 25.34 89.34 11520 1280 18432 109158 产权置换

砖木

亚行项目已拆迁居民房屋统计表（西冲沟段-住户）

备注奖励搬家费过渡费合计安置方式

正房面积（㎡）偏房面积（㎡）附属房屋（㎡）

圈舍棚子序

号

工

程

范

围砖木土木土木彩钢房

拆迁总面积

（㎡）

托

里

街

社区

震

宇

园

闻

莺

园

户主姓名砖混砖混

89

Annex 7：Statistic List of Demolished Small Business Houses of the West Ditch Section within Kuitun City

地下室简棚


1 新亚汽车配件维修站李彩芬 60 60

2 同学情清真快餐李彩芬 43 43

3 藏獒繁育场张小龙 160 101.24 53.76 315 147504 1920 1295991 货币迁移费300元

4 高频热处理机械加工黎志顺 96 0.68 96.68 88502 1152 794870 货币迁移费10万元

5 伊犁老回民碎肉面赵华 356.13 566.93 259 307.48 332.58 110.35 1932.47

6 漫步者网吧赵华 80 80

7阿米来清真牛肉面快餐

店郭新海 96 0.92 61.02 157.94 88502.4 1152 722091.4 货币

8 饲料加工黄福军 39.98 155.41 28.39 223.78 46858 480 328723 货币

9 天地果业冷藏胡玉平 205.43 252.45 80.97 22.61 127.7 689.16 109237 2060 7416 1464154 货币

10 烤馕店李言庆 119.98 111.38 83.8 315.16 123026 2320 8352 1043161 货币

11 豆腐坊刘重武 141.25 141.25

12 周转库房刘重武 66.14 66.14

13 补胎店刘重武 67.59 67.59

14 光华机械加工刘重武 18.15 18.15

15 永生汽车修理店梁尤明 164.26 70.92 18.25 253.43 129323 1836 2592 1094954 货币

16 玉顺摩托车修理部宋鹏飞 36.5 47.86 66.58 4.25 155.19 61714 924 1728 533745 货币

17 李自新修理部李自新 179.98 12.23 13.46 205.67 1972 3600 955819 货币迁移费1900元

18 奎屯万恒汽修陈财银 102.45 102.45

19 海清洗车行陈财银 76.85 43.68 4.61 125.14

20 机械加工杨建生 66.88 66.88 65278 804 512144 货币迁移费100元

21 机械加工旁附房艾尼瓦尔 20.59 20.59

22 速洁洗车行艾尼瓦尔 70 24.15 94.15 附房未拆

23 利民汽车修理王金胆 81.18 129.83 211.01 44251 820 2952 481054 货币迁移费5100元

24 精工机械加工孙玉同 97.78 65.44 163.22 359254 货币

25 太源焊修部王书玉 58 58

26 饭店王书玉 64 22.25 86.25

27 奎屯泛慈达机械加工孔建军 57.53 57.53

28 黑脸摩托修理孔建军 159.31 54.18 32.23 7.43 253.15

29 奎屯新维节能锅炉厂高海庭 85 2.32 7.38 94.7 65726 940 1440 540855 货币

30 废品收购站供销社 126.39 126.39

31 家庭浴池供销社 55.68 55.68

32 新技建筑涂料厂祝军 70 0.82 81.76 1.76 154.34 68324 840 607055 货币设备回购费23982元

33 长城汽车服务中心张新华 1497.63 146.26 36.43 1680.32 1145283 12216 9192799 货币迁移费12600元

34 沿街住宅马穆提.库尔班 106.18 288.1 394.28 124326 货币

35 古丽商店达吾提.依明 76 105.66 159.89 30.56 372.11 74180 912 721459 货币迁移费100元

亚行项目已拆迁沿街商铺统计表（西冲沟段）

561271 货币

1464112472

68324 840

货币

1680129066

123699996

2370161294 4212 1361544 货币

189735

924385 货币

货币

货币1224954 迁移费30万元

129066 货币迁移费17万元

284643 4418 3210 2580245

备注

1320 2160

奖励

87219

名称土木

839748 货币

过渡费其他合计安置方式砖木土木彩钢房

拆迁总面积

（㎡）砖混

正房面积（㎡）偏房面积（㎡）附属房屋（㎡）

圈舍棚子序

号砖木搬家费

震

宇

园

社

区

产权人砖混

地址

（处所）

托

里

街

闻

莺

园

社

区

90

Annex 8：Statistic List of Demolished Enterprise Houses of the West Ditch Section within Kuitun City

地下室简棚


1 巨峰商贸有限公司张路明家禽养殖 191.68 677.95 142.18 234.04 191.68 60.9 1498.43 101926 1920 6912 2215610 货币迁移费29500元

2 林峰棉业有限公司陈理棉花加工 97.04 42.35 82.32 263.83 42.2 10.08 6.17 543.99 51601 980 3528 1213376 货币迁移费25万元

亚行项目已拆迁企业统计表（西冲沟段）

备注奖励搬家费过渡费其他合计安置方式

基本信息正房面积（㎡）偏房面积（㎡）附属房屋（㎡）

圈舍棚子序

号

工

程

范

围砖混

托

里

街

社区

震宇

园社

区

名称产权人

经营类别拆迁总面

积（㎡）砖木土木砖混砖木土木彩钢房

91

Annex 7：Compensation Agreement of Demolished Residential Houses of the West Ditch

Section within Kuitun City

92

Appendix 2: Applicable Laws, Regulations and Policies

Applicable provisions of the Land Administration Law of the PRC

Ownership and right of use of land

Article 8 Land in urban districts shall be owned by the State.

Land in the rural areas and suburban areas, except otherwise provided for by the State, shall

be collectively owned by peasants including land for building houses, land and hills allowed to be

retained by peasants.

Article 22 The amount of land used for urban construction shall conform to the standards

prescribed by the State so as to make full use of the existing land for construction purposes, not to

occupy or occupy as less agricultural land as possible.

Urban general planning and the planning of villages and market towns should be in line with

the general plans for land use. The amount of land for construction use in the urban general

planning and the planning of villages and market towns shall not exceed the amount of land used

for construction purposes in cities, villages and market towns fixed in the general plans for the

utilization of land.

The land for construction purposes in cities, villages and market towns within the planned

areas of cities, villages and market towns shall conform to the city planning and the planning of

villages and market towns.

Article 24 People's governments at all levels shall strengthen the administration of plans for

land use and exercise control of the aggregate land for construction purposes.

Article 26 Revision of the general plans for land use shall be approved by the original organ

of approval. Without approval, the usages of land defined in the general plans for the utilization of

land shall not be changed. Whereas the purpose of land use defined in the general plans for the

utilization of land needs to be changed due to the construction of large energy, communications,

water conservancy and other infrastructure projects approved by the State Council, it shall be

changed according to the document of approval issued by the State Council. If the purpose of

land defined in the general plans for the utilization of land needs to be changed due to the

construction of large energy, communications, water conservancy and other infrastructure

projects approved by provinces, autonomous regions and municipalities, it shall be changed

according to the document of approval issued by the provincial level people's governments if it

falls into their terms of reference.

Land for construction purposes

Article 50 Local people's governments at all levels shall support rural collective economic

organizations and peasants in their efforts toward development and operations or in starting up

enterprises.

Article 52 In the process of the feasibility study for construction projects, land administrative

departments may examine the related matters concerning the land for construction purposes and

put forward their proposals according to the general plans for the utilization of land, the annual

plan for the use of land and standards for land used for construction purposes.

Article 53 Whereas a construction project approved needs land owned by the State for

construction purposes, the construction unit should file an application with land administrative

department of the people's government at and above the county level with the power of approval

93

on the strength of related documents required by law and administrative decrees. The land

administrative department shall examine the application and submit it to the people's government

at the same level for approval.

Article 54 A paid leasing should be go through in use of land owned by the State by a

construction unit. But the following land may be obtained through government allocation with the

approval of the people's governments at and above the county level according to law:

1. Land for use by government organs and for military use;

2. Land for building urban infrastructure and for public welfare undertakings;

3. Land for building energy, communications and water conservancy and other infrastructure

projects supported by the State;

4. Other land as provided for by the law and administrative decrees.

Article 55 Construction units that have obtained State-owned land by paid leasing can use

the land only after paying the land use right leasing fees and other fees and expenses according

to the standards and ways prescribed by the State Council.

Starting from the date when this law comes into effect, 30% of the leasing fees for new

construction land shall be handed over to the central finance, with the rest 70% to be retained by

related local people's governments, for the development of land for cultivation.

Article 56 In using State-owned land, construction units should use the land according to the

provisions of the contract for compensated use of leased land use right or according to the

provisions of the documents of approval concerning the allocation of land use right. The change of

the land to construction purposes should get the consent from the land administrative

departments of the related people's governments and be submitted to the people's governments

that originally give the approval for the use of land. In changing the purpose of land within the

urban planned areas, the consent should be obtained form the related urban planning

administrative departments before submission for approval.

Article 57 In the case of temporary using State-owned land or land owned by peasant

collectives by construction projects or geological survey teams, approval should be obtained from

the land administrative departments of local people's governments at and above the county level.

Whereas the land to be temporarily used is within the urban planned areas, the consent of the

urban planning departments should be obtained before being submitted for approval. Land users

should sign contracts for temporary use of land with related land administrative departments or

rural collective organizations or villagers committees depending on the ownership of the land and

pay land compensation fees for the temporary use of the land according to the standard specified

in the contracts.

Users who use the land temporarily should use the land according to the purposes agreed

upon in the contract for the temporary use of land and should not build permanent structures.

The term for the temporary use of land shall not usually exceed two years.

Article 58 In one of the following cases, the land administrative departments of related

people's governments shall recover the land use right of State-owned land with the approval of

the people's governments that originally gives the approval or the people's governments with the

power of approval:

1. Use land for the sake of public interests;

2. Use land for adjustment in re-building old city districts in order to implement urban

construction plans;

94

3. When the term for the land use right expires according to what is agreed upon in the

contract for compensated use of land, the land user has failed to apply for extension or failed to

get approval for extension;

4. The use of land originally allocated has been stopped due to cancellation or removal of

units;

5. Roads, railways, airports and mining sites that have been approved to be abandoned.

Proper compensation should be given to land use right users whereas the use right of

State-owned land is recovered according to the provisions of 1 and 2 of the preceding paragraph.

Regulations of XUAR for the Implementation of the Land Administration Law of the

PRC

Chapter 1 General Provisions

Article 2 These Regulations shall be complied with by all those who engage in land

protection, development, utilization, supervisory and administrative activities within the jurisdiction

of Xinjiang Uygur Autonomous Region.

Article 6 State-owned land shall be used on a compensated basis according to law, and shall

not be invaded, traded or transferred illegally by any entity or individual in any form.

Governments at all levels shall take stops to plan, strictly manage, conserve and develop

land resources, and prohibit illegal land occupation.

Chapter 2 Land ownership and use rights

Article 8 Users of state-owned land and owners or users of collective land must apply for

land registration with the administrative authority for land of a county-level or above government,

and obtain a permit to use state-owned land or certificate of ownership or permit to use collective

land.

Regulation on Expropriation and Compensation of Houses on State-owned Land

Article 8 In order to meet the public interests such as safeguarding the state security and

promoting national economic and social development, the house expropriation is definitely

needed for any of the following conditions. Then the city or county people’s government can make

the decision of house expropriation.

(1) the need of national defense and foreign affairs;

(2) the need of infrastructure construction for energy, transport, and water conservancy

organized and implemented by the government;

(3) the need of public affairs for science and technology, education, culture, health, sports,

environmental and resources protection, disaster prevention and mitigation, cultural relic

protection, social welfare, and municipal utilities organized and implemented by the government.

(4) the need for low-income house organized and implemented by the government;

(5) the need for reconstruction of the dangerous houses and poor infrastructure district in

accordance with the relevant provisions of the urban and rural planning organized and

implemented by the government;

(6) the need for other public interests needs set by laws, administrative rules and regulations.

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Article 10 The house expropriation departments makes an initial draft for expropriation and

compensation and submit to city or county people's government.

The city or county people's governments shall organize relevant departments to demonstrate

and publish the expropriation and compensation draft to ask for public opinion, the period of which

should not be less than 30 days.

Article 12 Before the city or county people's government makes the decision of house

expropriation, the government should make a social stability risk assessment. If the amount of

house expropriation is large, it should be discussed and decided by the executive meeting of the

government.

Before the decision of house expropriation is made, the fund of expropriation and

compensation should be in full amount in place, be deposited in special account and used only for

this purpose.

Article 13 After the decision of house expropriation was made, the city or county people’s

government should announce it in time. The announcement should include the house

expropriation and compensation plan, the rights for the administrative reexamination and

administrative proceedings and so on.

The city or county people's governments and the house expropriation department should do

well in propagating and explaining the house expropriation and compensation.

The house is expropriated legally, at the same time, the use rights for state-owned land is also

taken back.

Article 16 After the range of house expropriation is determined, it is banned to newly build, expand,

rebuild houses and to change the use of houses for more unreasonable compensation; no

compensation will be paid to the implementation against the regulations.

The house expropriation department should inform the relevant departments the

above-mentioned behavior in written form to suspend relevant procedures. The written form

should make the period of suspension clear, which should be no longer than one year.

Compensation

Article 17 The compensation to the expropriate by the city or county government that make the

decision of house expropriation should include the following:

(1) Compensation for the value of expropriated house;

(2) The compensation for moving house and temporary shelters caused by house

expropriation;

(3) The compensation for production shut-down or business shut-down caused by house

expropriation.

The city or county people's government should formulate subsidies and incentive measures

to subsidize and reward the expropriated household.

Article 19 The compensation of the expropriated house should not be lower than the market price

of the similar house on the publish date of the house expropriation decision. The value of

expropriated house is decided by the qualified house evaluation organs according to the

formulations of expropriated house evaluation.

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Article 21 The expropriated household/entity can choose monetary compensation or choose

house property right exchange.

Article 25 Based on the provisions of this regulation, the house expropriation department and

the expropriate sign compensation agreement on compensation method, compensation amount,

payment period, the location and area of the house for property right exchange, moving fee,

temporary relocation fee or temporary shelter house, production shut-down and business

shut-down loss, time limit for removal, the transition way and transition period, and so on.

After the signing of the agreement, if one party does not fulfill the appointed obligation in the

agreement, the other party can lodge a lawsuit according to law.

Article 26 If the house expropriation department and the expropriate can not reach a

compensation agreement during the signing period defined by the house expropriation plan, or

the owner of the expropriated house is not clear, the house expropriation department reports to

the city or county people’s government to make compensation decision and shall make public

announcement in the house expropriation range according to the provisions of this regulation and

the house expropriation plan.

The compensation decision should be fair, including the relevant compensation agreement in

Item 1, Article 25 of this regulation.

If the expropriate refuses to accept the compensation decision, he can apply for

administrative the administrative reexamination or lodge a lawsuit according to law.

Article 27 The implementation of house expropriation shall compensate first and then move.

After the city or county people's government that makes the house expropriation decision

compensates the expropriated household/entity, the expropriated household/entity should finish

moving within the deadline defined by the compensation agreement or compensation decision.

No unit or individual can force the expropriate to move by violence, threat or illegal ways such

as cutting off water supply, heat supply, gas supply, power supply and traffic, and the construction

unit is banned to take part in the removal activity.

Article 29 The house expropriation department shall establish house expropriation and

compensation files according to laws, and publish compensation for each household for the

expropriate in the house expropriation range.

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Appendix 3 Resettlement Information Booklet (RIB)

The Kuitun City Government (KCG) has applied for a loan from the Asian Development Bank

(ADB) for the Kuitun Integrated Urban Development Project, a subproject of Xinjiang Integrated

Urban Development Project financed by Asian Development Bank, in order to further improve the

construction of flood control channels, enhance the urban flood control capacity, improve the urban

ecological environment and people's living environment, upgrade Kuitun city anti-flooding

infrastructure to avoid or reduce the loss of property and the safety risks caused by flooding disaster,

increase tap water supply capacity in some communities and promote a steady and rapid economic

development in Kuitun City.

The implementation of the project may affect you or your family (unit) to a certain degree. The purpose

of this manual is to help you understand the basic status of the project, the country's policies on land

acquisition and relocation, and project impacts on you, your family or unit.

A. Introduction

The implementing agency (IA) of the Subproject is Kuitun City Construction Bureau (KCCB). Components of the Subproject are summarized in the table below.

Table 1: Project Composition

No. Component Brief description

1 River channel

management

Improving three flood drainage channels in the urban area, with a total length of

6.939km, in which west channel is 1.605km long between Akesu Road Bridge and

Urumqi West Road Bridge； east channel #1 branch 0.999km between New Main

Channel joint and Old Main Channel joint； south channel 3.732km between one

end of east channel #1 branch and existing East Ditch； and East Ditch 0.603km

between Urumqi East Road Bridge and Qingquan Street Bridge; construction of

flood control and emergency response roads with a total length of 6.939km along

the channels

2 Shelter forest

cultivation

Construction of shelter forests with a total area of 18.1ha, cultivation of 4.3601

trees, irrigation by dripping and spraying

3

Construction of flood

drainage channel

facilities

Construction of 6 ladders and 2 grit chambers; construction and reconstruction of

aqueduct each; construction of 4 bridges, reconstruction of 6 bridges, with 22

structures in total

4

Urban water supply

network improvement

and leakage

monitoring

Reconstruction of water supply main pipelines with a total length of 5.33km;

replacement of 1,800 water meters for community households; pipe network

upgrading 4.1km; installation of an GPRS urban water supply network dispatching

and monitoring system

5 Waste disposal

Construction of 4 public toilets in Wenying Garden and Hulanbrak community,

setup of 71 fixed container waste bins for domestic waste and 70 waste bins along

flood control roads

B. Impacts of the Subproject

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The construction of the East Ditch and the South Main Channel will affect 2 communities, which involve permanent land acquisition (LA) and house demolition (HD) on both embanks of the ditches or channel. The LA will not involve any cultivated farmland and any persons will be affected, but it will involve some public facilities and trees. The HD will affect local residents, and some shops, stores or enterprises along the ditches. The project will not involve acquisition of any collective land, but will acquire permanently state-owned land of 606.22 mu, including (i) unused land of 172.7 mu; (ii) construction lands of 382.1 mu, and housing land of 3.86 mu; and (iii) forestry of 47.57 mu. Houses with a total area of 11,498.72m2 (including stockbreeding houses) will be demolished for the Subproject, affecting 29 households with 100 persons (including 3 stockbreeding households with 16 persons), including 1 minority households with 4 persons, (ii) 2 commercial stores with a total area of 384.68m2, affecting 5 persons, no minority persons. In addition, some ground attachments will be demolished and relocated.

C. Compensation Standards

1. Compensation Rate for Land

This Subproject belongs to public utility, and the state-owned land will be obtained by means of

transfer. In order to obtain the urban state owned land use rights transfer, charge of urban

state-owned land fee will be paid at 20 yuan /m2. For residential houses with red or blue line map or construction land permit, the compensation standard

is 27 yuan /m2 (ie., 10% of 270 yuan per square meter )；no compensation for those without land

certificate. For occupation of state-owned construction land, land use rights can be obtained only after the land fee is paid to the land bureau and relevant procedures for land acquisition are completed. For occupation of state-owned unused land, agricultural land (cultivated land and forest land), new construction land use fees must be paid to the land bureau (at 16 yuan / m

2).

State-owned woodland will be compensated based on the Notice on the Implementation of the Reply of the XUAR Government on Approving the Uniform AAOV Rates for Land Acquisition (XFR [2011] No.161) issued by the XUAR Department of Forestry.

Table 7: Compensation Rate for State-owned Woodland

Land type

Compensation rate (yuan/mu)

Compensation fees for

woodland

Resettlement subsidy

for woodland

Forest

compensation

fees

Total

Arbor forest 12000 18000 8000 38,000

Table 8:Forest Vegetation Restoration Fees

Land type Forest vegetation restoration fees (yuan/m2)

Arbor forest 6

For acquired state-owned arbor trees, forest compensation fees, woodland compensation fees, resettlement subsidies and forest vegetation restoration fees will be paid to the department in charge of forestry of the government at or above the county level.The land will be compensated by 8 times of the cultivated land basic price (1,500 yuan / mu); resettlement will be paid 12 times of the cultivated land basic price (1,500 yuan / mu); compensation for forest trees such as arber trees will be paid per tree calculated with tree species and DBH grade; recovery costs for forest vegetation is 6 yuan /m2. Forest vegetation restoration fee is paid to the Forestry Section of Kuitun Forestry and Animal Husbandry Bureau to submit to Xinjiang Autonomous Forestry and Animal Husbandry Department for restore forest vegetation. The other three charges will be turned over to the local

financial bureau; new construction land use fee also need to be paid to the land bureau (at 16 yuan /m2).

2. Compensation Rates for House Demolition (HD)

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Compensation rates for HD will be agreed on by reference to local real estate market prices in the

first half of 2012, and based on on-site appraisal to take price fluctuations into account during

negotiation of household agreements. HD compensation includes compensation for the structure

and the land as well. See Table 4.

Table 4: Compensation Rates for Houses Demolished


House compensation

Main rooms

(licensed)








To be compensated for at 1:1 of the size of the acquired

house (3,545 yuan/m2)

Main rooms

(unlicensed)




Wing rooms

(simple

structures)






Stables




Sheds





Land Compensation

State-owned Land

yuan/m2 27 For residential houses with red or blue line map or

construction land permit, the land compensation

standard is 27 yuan /m2 (ie., 10% of 270 yuan per

square meter )；no compensation for those without

land certificate. For houses plus open space with

"state-owned land use certificate" or other legal

procedures, the final compensation price will be

determined through negotiation with reference to

Kuitun City Land Categories and Benchmark Land

Prices and according to the market price after

assessment.

yuan/m2

270

Other subsidies

Moving subsidy yuan/m2 10 Compensated by legal building areas.


3. Compensation Rates for Commercial Stores Commercial stores will be appraised based on policies and by reference to location. See Table 5.

Table 5: Compensation Rates for Commercial Stores

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House compensation

Operating stores yuan/m2 6146

Any operating store with full formalities will be

compensated for at 1:1.1 (6,760 yuan/m2).


formality.

Motor repair,

machining and other

stores

yuan/m2 6146


formalities will be compensated for at 1:1 (6,146

yuan/m2).


formality.

Land compensation

State-owned land yuan/m2 430

Compensated with reference of land use type,location and appraisal value.

Other subsidies

Moving subsidy yuan/m2 12 Compensated by legal building areas.

Transition subsidy yuan/m

2/

month 12 Based on actual transition months.

Any commercial store affected by HD will be exchanged for a shop front of the same size based on its location, traffic, monthly turnover, size and structure or subject to cash compensation.

4. Compensation Rates for Ground Attachments

Compensation rates for ground attachments please refer to Table 6.

Table 6: Compensation Rates for Affected Attachments and Special Facilities


Telegraph pole Cement telegraph pole 67 200 yuan each Telephone

Company Wood telegraph pole 77 90 yuan each

Toilets 28 500 yuan each Sanitation

bureau

Vegetable cellars 2 300 yuan each HHs

Storage pits 4 100 yuan each HHs

Elm


Forest

bureau




Poplar




Forest

bureau


Willow





Diversifolious poplar 5-15cm 37 200 yuan each

Fruit trees ≦5cm

717 300 yuan each

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Date 5-15cm 3 180 yuan each HHs

Walnut 5-15cm 2 180 yuan each HHs

Peach 5-15cm 5 180 yuan each HHs

Diversifolious poplar ≦5cm 1000 100 yuan each

Forest

bureau


Oak ≦5cm

150 80 yuan each

Chinese ash 5-15cm 11 200 yuan each

Grape ≦5cm 103 30 yuan each HHs

5-15cm 18 30 yuan each HHs

D. Resettlement

1. Resettlement for Residential Houses

The households affected by HD may choose cash compensation or property swap or purchase

commercial housing.

Property swap: A house will be appraised by a real estate appraisal agency based on location,

building structure, building size, floor and decoration, and by reference to market price. The real

estate appraisal agency will listen to an AH’s comments before fixing its house’s appraised price;

if the AH agrees with property swap, its house will be exchanged based on approved (licensed)

floor space at the following rates: 1:1.2of the size of the acquired house in masonry concrete

structure (licensed main rooms), 1:1.1of the size of the acquired house in masonry timber

structure (licensed main rooms) and 1:1of the size of the acquired house in earth timber structure

(licensed main rooms); other houses (unlicensed) and facilities will be compensated for at

appraised price. The resettlement housing offered is in the form of new multi-storied buildings,

and will be offered first to whoever moves first. The size of resettlement housing under property

swap includes shared size. If the building area of the resettlement apartment is greater than that

of the demolished house, any excess size of not more than 10 m2 will be paid for at construction

cost, and any excess size of more than 10 m2 will be paid for at appraised price.

Cash compensation: A house will be appraised by a real estate appraisal agency based on

location, building structure, building size, floor and decoration, and by reference to market price;

1:1.2of the size of the acquired house in masonry concrete structure (licensed main rooms),

1:1.1of the size of the acquired house in masonry timber structure (licensed main rooms) and

1:1of the size of the acquired house in earth timber structure (licensed main rooms); other houses

(unlicensed) and facilities will be compensated for at appraised price. If any AH is unwilling to

accept property swap, it may ask for cash compensation.

Introduction to resettlement communities—The Kuitun City Resettlement Office have

completed construction of two resettlement communities, which are Wenying Garden and

Jiuxiang Garden.

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Wenying Grden is located west of Tuoli Street, next to Huitun Guest Hotel and in vicinity to

Tianbei New District Vocational Secondary School. It is planned as a residential area with

beautiful environment and living convenience. A planned building area is 513,900 m2, including a

residential building area of 453,800 m2 and a public building area of 60,100 m2. The community is

planned to accommodate 4,027 households. The community has such public facilities as nursery,

kindergarten, primary school, health center, cultural activity station, savings office, postal office,

community service center, property management and commercial services. There are two room

layouts – two bedrooms and two living rooms, and three bedrooms and two living rooms. 4

housing sizes are available – 65 m2, 70 m2, 80 m2 and 90 m2.

Layout Plan of the Wenying Garden Resettlement Community

Jiuxiang Garden—This community is located north of Urumqi West Road, in close vicinity to

Shixi Park and Tianbei New District. The planned is 283,500 m2, including a residential building

area of 269,800 m2 and a public building area of 23,700 m2. The community is planned to

accommodate 3,342 households. The community has such public facilities as nursery,

kindergarten, primary school, health center, cultural activity station, savings office, postal office,

community service center, property management and commercial services. There are two room

layouts – two bedrooms and two living rooms, and three bedrooms and two living rooms. 7

housing sizes are available – 59.72 m2, 63.07 m2, 76.61 m2, 80.42 m2, 81.14 m2, 89.85 m2 and

91.74 m2.

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Layout Plan of the Jiuxiang Garden Resettlement Community

2. Application procedure

If an AH chooses cash compensation, it will receive full compensation after signing a

compensation agreement for HD. If an AH chooses property swap, it will sign a property swap

contract based on the chosen floor, size and orientation.

3. Resettlement and Restoration Program for Commercial Stores

The proprietor of an affected commercial store may choose (i) cash compensation to buy a

replacement store or (ii) property swap with an available commercial store provided by the local

government at one of the resettlement housing schemes. According to the survey, all of two

affected commercial stores will chose cash compensation.

E．Grievance Redress

Stage 1: If any AP is dissatisfied with any house demolition and resettlement or any other safeguards related problems, he/she may file an oral or written appeal with the community committee/sub-district office orally or in writing. In case of an oral appeal, the community committee/sub-district office shall handle such appeal and keep written records. Such appeal should be solved within 2 weeks. Stage 2: If the AP is dissatisfied with the disposition of Stage 1, he/she may file an appeal with KuitunCityLand and Resources Bureau or the HD management office (depending upon the issue) after receiving such disposition, which shall make a disposition within 2 weeks. Stage 3: If the AP is still dissatisfied with the disposition of Stage 2, he/she may file an appeal with the Kuitun PMO receiving such disposition, which shall make a disposition within 30 days.

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Stage 4: If the AP is still dissatisfied with the disposition of Stage 3, he/she may apply for administrative reconsideration with KCG after receiving such disposition. Alternatively, he/she may file an action in a civil court in accordance with the Civil Procedure Law of the PRC at any time in the process. The APs may file an appeal about any aspect of resettlement, including compensation rates, etc. The above appeal channel will be notified to the APs at a meeting or otherwise, so that the APs are fully aware of their right of appeal. Mass media will be utilized for publicity, and opinions and advice about resettlement will be compiled into messages for study and disposition by the resettlement agencies. All agencies will accept grievances and appeals from the APs for free, and costs so reasonably incurred will be disbursed from the contingencies. During the whole construction period of the Subproject, these appeal procedures will remain effective to ensure that the APs can use them to address relevant issues. The aggrieved persons may also express grievance to the external monitor, who would then report it to the XHCB and LPMO. Alternatively, the aggrieved person(s) may submit a complaint to the ADB’s Project Team to try to resolve the problem. If good faith efforts are still unsuccessful, they may submit their complaint to ADB's Accountability Mechanism (2012).2 The first step requires good faith efforts to resolve the problem with the ADB Project Team.

Contacts and contact information have been identified for appeal agencies at all levels for the convenience of timely grievance redress:

Head of WenyingGarden Committee: Liu Lihui Tel: 13709927071

Head of TunfuGarden Committee: Ni Jianjun Tel: 18999708579

Head of Fengdeng Garden Committee: Wang Jianguo Tel: 13579168131

Head of Aktam Community: Bai Yu Tel: 18699225759

Head of Hulanbrak Community: Liu Wei Tel: 18209007788

Head of the Urumqi East Road Sub-district Office: Wang Jun Tel: 13999728199

Head of the Urumqi West Road Sub-district Office: Xu Dong Tel: 18099923121

Head of the Beijing Road Sub-district Office: He Xiang Tel: 13899540117

Head of the Kuitun City Land and Resources Bureau:

Pan Bin Tel: 13369926719

Head of the Kuitun City LA Management Office: Chen Hui Tel: 15199953191

Head of the Kuitun PMO: Wang Liangming Tel: 13899559555

Head of the city department for letters and visits: Liu Jun Tel: 13309921017

Head of the city disciplinary inspection department: Chen Zhiyuan Tel: 13899550801

Head of the city legal department: Zeng Ping Tel: 18935868006

(2) Obligation of APs

(i) APs have the obligation to positively cooperate with implementation of the project. (ii) No new

structures will be allowed within the project impact scope or no compensation is entitled. (iii) APs

have the obligation to demolish their structures within the red/blue property line of the project (the

2http://www.adb.org/Accountability-Mechanism/default.asp.

http://www.adb.org/Accountability-Mechanism/default.asp

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outer boundary of a road or river).

Appendix 4: Terms of Reference for External Monitoring

1. Purpose of resettlement monitoring and evaluation

According to ADB’s resettlement policy, the resettlement work of the Project will be subject to

external monitoring and evaluation. The land acquisition and resettlement work of project will be

tracked and evaluated by checking the progress, funds and management of land acquisition,

house demolition and resettlement, and making a comparative analysis of the variation and

restoration of the production level and standard of living of AP by land acquisition and

resettlement. While reports are submitted to ADB and Xinjiang PMO regularly (twice a year during

the implementation period); information and suggestions will also be provided as a reference for

decision-making. Through external monitoring and evaluation, ADB and the implementing agency

can fully understand if the land acquisition and resettlement work is implemented on schedule and

is accordance with the quality standard, point out existing issues, and propose suggestions for

improvement.

2. Scope of resettlement monitoring and evaluation

(1) Baseline survey

The external M&E agency will conduct a baseline survey on the sub-district and communities

affected by HD to obtain baseline data on the sample AHs’ living standard. Subsequent living

standard surveys will be conducted annually to track variations of the APs’ production level and

living standards of AHs. This survey will be conducted using such methods as random survey,

plus random interview and field observation to acquire necessary information. A statistical

analysis and an evaluation will be made on this basis.

(2) Periodic M&E

During the implementation of the RP, the external M&E agency will conduct periodic follow-up

resettlement monitoring semiannually of the following activities by means of field observation,

panel survey and random interview:

Timely payment and amount of compensation;

Participation of APs during implementation;

Preparation and adequacy of resettlement sites and housing;

Stockbreeding resettlement site progress

Relocation of APs to new houses;

Relocation of the 56 commercial shops and their employees;

Relocation of 3 enterprises and their workers;

Livelihood training;

Restoration and reconstruction of infrastructure and special facilities;

Adequacy of compensation for lost properties;

Compensation for lost working days;

Transition subsidy;

Timetables of the above activities (applicable at any time);

Performance of resettlement organizations;

Handling of grievances;

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Job opportunities generated by the project

(3) Public consultation

The external M&E agency will attend public consultation meetings held during resettlement

implementation to evaluate the effectiveness of public participation.

(4) Grievance redress

The external M&E agency will visit the affected communities periodically, and inquire with the

Kuitun PMO, resettlement offices and neighborhood committees that accept grievances to assess

how well grievances have been handled. It will also meet complainants and propose corrective

measures and advice for existing issues so as to make the resettlement process more effectively.

Also, the external monitor will verify the data and findings of the internal monitoring reports.

3. External monitoring agency

The Xinjiang PMO has entrusted Xinjiang Linshuishe Engineering and Technology Consulting

Service Ldt. To conduct the external resettlement monitoring and evaluation work of the project.

The company is responsible for survey, monitoring and evaluation, and data collection and

analysis, as well as review of implementation results of the RP.

5. Monitoring Indicators

The baseline survey, as well as the follow up monitoring and post-project evaluation, will cover

and not limited to the following socioeconomic indicators of targeted HHs:

i. Level of education of adults by gender

ii. Occupation of adults by gender

iii. House type (quality)

iv. Housing area

v. Income by source

vi. Main problems

7. Reporting of external resettlement monitoring and evaluation

The external monitoring agency shall submit a resettlement monitoring report to the Xinjiang PMO

and ADB semiannually.

Resettlement report Date

1 Baseline survey Oct. 2016

2 M&E Report (No.1) Oct. 2016

3 M&E Report (No.2) Apr. 2017


5 M&E Report (No.4) Apr. 2018


7 M&E Report (final evaluation) Oct. 2019

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