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Resettlement Plan
Project Number: 39321-013 30 December 2014
PRC: Shaanxi Qinling Biodiversity Conservation and Demonstration Project
Prepared by: Mt. Qinling National Botanical Garden
This resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.
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Shaanxi Qinling Biodiversity Conservation
and Demonstration Project
Mt. Qinling National Botanical Garden sub-component
Land Acquisition, Relocation and Resettlement Plan
(Revision of December, 2014)
Prepared by
Mt. Qinling National Botanical Garden
December 30, 2014
1
Content
1. Project introduction ................................................................................... 3
2. Affect of LA&R .......................................................................................... 6
3. Socioeconomic Survey ............................................................................. 8
4. Policies For Iand acquisition and resettlement and reIevantLaws ........... 10
5. Land acquisition, housing demolition and resettlement policy ................. 16
6. Income Restoration and Resettlement Measures .................................... 29
7. Organizations and Responsibilities ......................................................... 34
8. Public Participation ..................................... Error! Bookmark not defined.
9. Budget ........................................................ Error! Bookmark not defined.
10. Monitoring and Evaluation ...................................................................... 45
Appendix : Notice by Xi’an Municipal People’s Government on Relocated People’s
Resettlement and Compensation Standard of QNBG Phase I and Other ProblemsError! Bookmark not de
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Mt. Qinling National Botanical Garden sub-component
Plant Ex-situ Conservation Project
Land Acquisition, Relocation and Resettlement Plan
(Revision of December, 2014)
“Mt. Qinling National Botanical Garden”, co-constructed by Shaanxi Provincial
People’s Government, National Forest Bureau, Chinese Academy of Science and Xi’an
Municipal People’s Government, is listed as a modal project by the State Council under
the loans from Asia Development Bank (ADB) for study, protection and utilization of the
biological diversity of Mt. Qinling district, one of the ten biggest ecological function zones.
Our country has the most abundant creature variety in the world, but she is also the
country who suffers great threat to the diversity of ecosystems. Since the reform and open
policy, our country government insists keeping sustainable development as national
strategy, and takes environment construction as a basic national policy. Especially, the
Fourth Session of the 16th CPC National Convention put forward “the human being is the
first”, and the comprehensive, integrated and sustainable model of social and economic
development, our country has made great progress in environment protection and
research and use of diversity of ecosystems. But because of the historical reason, climate
change, high human density, and backward production style, our country faces many
problems of environment and ecosystem variety protection. Especially in Mt. Qinling area,
the ecosystem environment is influenced seriously. The forest coverage rate is low, the
living creature has less and less habitat, the soil erosion is serious, the land is increasingly
poor and unproductive, and the living level of local people is very low. Therefore, to
implement the project of Mt. Qinling National Botanical Garden, which mainly concerns
ecologically appropriate poverty relief, reforestation, improve ecological environment and
protection of living creature diversity, not only meet the international trend of environment
protection, the CPC Central Committee’s demand of “scientific development and
concordant society”, the strategy of “environment first in the development of Western
China”, but also is of positive significance to improve the environment in the project area,
to raise living standards of local residents, and make a good environment for our next
generations. The implementation of the project is the need of social economy, and also
the need of social development
Because of the construction of the project involved the land acquisition, housing
demolition and relocation, during the preparation stage of the projects, the implementing
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agency, Mt. Qinling Botanical Garden prepared resettlement plan (RP) which was
approved by ADB in 2008. The RP should be updated based on the detailed design and
DMS of project. However, the project experienced start-up delays so land acquisition and
resettlement activities only began in June 2013. The following is the updated RP
according to the census survey by August 31, 2014.
1. Project introduction
1.1 Background
1.1.1 Brief introduction of the project
As an important part of the general plan of “Mt. Qinling National Botanical Garden”,
the Project of ex-situ conservation area aims at: Scientific study on biological diversity,
popularization of scientific knowledge concerning biological diversity, protection of
biological diversity and ecotourism based on biological diversity. The basic constructions
are composed of ex-situ conservation of plants, commercial development and poverty
relief and biological tourism.
Located at in Zhouzhi County of Xi’an, Shaanxi Province, the planned land for the
Project is up to 3963.4mu. The affected area is 50 km from Xi’an City in the east, 40 km
from Xianyang City in the north, 100 km from Baoji City in the west, is located at Dianzhen
Village. Its north boundary is Highway S107, south to north hillside of Mt. Qinling, locating
between Tianyu River and Chiyu River. The length is 2.63 km from east to west, and the
width is 1.85 km from south to north. The total investment is estimated about
CNY397.1069 million. The Project includes 18 special gardens, resource museums for
popularizing science, and paleontology museums, like gymnosperm area, angiosperm
area, area for special plants within Qinba Mountains, medical plant area and rock plant
area, etc. The Project will build or rebuild more than ten ancient buildings, cableway, and
roads, irritating system, service building and other facilities. Of the total 7000 mu area, the
land to be acquired totals up to 218.4 mu. 1582 villagers from 338 households at
Dianzhen Village and Jinfeng Village, Jixian Town of Zhouzhi County are affected by the
land acquisition, housing demolition and resettlement. And as for the remaining land, the
right of use is to be obtained by means of leasing of land, which also affects 3780 villagers
from 948 households at 11 villager groups in Dianzhen Village and 2 villager groups from
Jinfeng Village. The leasing land totals up to 3745.87 mu.
The reasons why QNBG selects the current site are: (1) specific climate and
geographic conditions: the project area locates in the north foot of Qinling Mountain in
Zhouzhi Country, China. The climate here is warm semi-wet continental monsoon climate,
and the average temperature is 13.2 oC. The climate is suitable for the all kinds of plants.
The project area is 3963.4 mu, the south part of which is mountainous area, the middle
part of which is hilly and slope land, and the north part of which is plain. The three kinds of
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area occupies one third of the total area respectively. The different kinds of geographic
conditions are suitable for different plants, which is in accordance with the purpose of
QNBG. (2) The socioeconomic level in the project area is low. In the project area, because
of the historic reasons and extensive style of production, the biological environment was
damaged. The coverage of forest declined, the diversity of creatures and the living area
for animals decrease, soil erosion was serious, and the income of local people was low. At
the end of 2006, the net income per capita in the project area is lower than US$200, which
is as 68% as the income in Shaanxi Province and as 43.2% of the average in China.
During the implementation of QNBG project, we will consider the situation and encourage
the local people to participate in the project. And we will protect the rights and interests of
the local people. So, the implementation of the project takes an active role in improving
the living condition of local people. After all, the site selection of QNBG is suitable for the
natural demands of the construction and the social demands for economic development.
1.1.2 Project investment and implementation process
The total investment in the Project is estimated up to CNY402.7564 million, including
a base cost of CNY365.6952 million. Among this, the construction cost is CNY284.3097
million, other cost in construction CNY56.6066 million, preparation fee CNY 24.7789
million, loan interest during construction CNY33.3746 million, other cost in loan
CNY2.7055 million, and floating capital CNY0.9825 million. The Project is planned to last
for five years.
1.1.3 Executing and implementing agencies
The executing agencies of the Project are Forestry Department of Shaanxi Province.
The implementing agency is Mt. Qinling Botanical Garden of Shaanxi.
1.2. Affected areas of the project
The affected area, 50 km from Xi’an city, is located at Dianzhen Village and Jinfeng Village,
Zhouzhi County of Xi’an, Shaanxi Province, and totals up to 7000 mu. Its north boundary
is Highway S107, south to north hillside of Mt. Qinling, locating between the Tianyu River
and the Chiyu River. The length is 2.63 km from east to west, and the width is 1.85 km
from south to north, totaling 3963.4 of planned area.see Figure 1
Figure 1
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Table 1 Affected area
county Town Village Villager group
Zhouzhicounty,
Xian city Jixian
Dianzhen All 11 groups of the village
Jinfeng Group 1 and Group 3
Total 1 2 Group 13
1.3. Change of the project
The changing construction includes the road base earthwork, technical design, traffic
safety facilities, etc. The change in LA&R was mainly at Dianzhen Village. In the original
plan, only Dianzhen Village was affected by LA&R. However, when the village boundary
was confirmed, some land which was thought to be owned by Dianzhen Village was
actually owed by Jinfeng Village. The amount of land acquisition and the affected
households decreased a little. The acquired land decreased from original 293.63 mu to
218.4 mu, and the affected households and persons also reduced from 504 persons of
115 households to 414 persons of 100 households. The housing demolition increased
more, from 19,320m2 to 32,550 m2, but the number affected households has reduced from
617 persons of 143 households to 515 persons of 122 households. The reason why the
housing demolition increased more was the data in original RP was an estimated number
based the housing affected directly, according to the feasibility report. After the LA&R of
the project began, some additional houses near the construction sites were affected by
vibrations caused by construction, and other impacts. Therefore, the number of relocated
households increased (see Table 2).
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Table 2 Data of LA&R
village Acquired land
Person/households affected by LA
Housing demolition(m2)
Persons/HHs affected by housing demolition
Persons/HHs affected by LA&R
plan change plan change plan change plan change Dianzhen 293.63 130.4 504/115 244/59 19320 32550 617/143 515/122 Jinfeng 0 88 0 170/41 0 0 0 0
total 293.63 218.4 504/115 414/100 19320 32500 617/143 515/122
2. LA&R Impacts
The project is a model project for research, protection and utilization of the biological
diversity. The layout characteristics is dot distribution, so the project land is occupied in
large area. The impact of LA&R is significant, and the number and amount of LA&R are
large. In March, 2010, the project implementing organ began to check and record the
number and types of the project affect. The details are in Table 2---Table 6.
2.1. Kinds of impacts
(1) land:All the acquired land of the project is farmland.
(2) housing:Five kinds of the demolished housing of the project:
Brick and concrete, brick and wood, brick, earth and wood, earth and
wood, and simple.
(3) housing attachments: enclosure, water closet, tomb, arch, sty, and so on.
(4) ground attachments:
Fruit trees, useful woods, garden, nursery, compensated at the unit of mu.
(5) 5 kinds of special facilities: Infrastructure, irrigating facilities, power facilities,
telecommunication facilities, communication facilities.
2. 2 Impact number and amount(see Table 3---Table 5)
(1)Building
The project needs to demolish 32550 m2 buildings, among which, brick and concrete
building is 1338 m2, brick and wood building 7008 m2, brick, mud and wood building
14416 m2, mud and wood building 9830 m2.
(2)Land
The Project will utilize 3963.4 mu land, of which 218.4 mu farmland will be
expropriated During the construction of the project, 6 mu beach land will be occupied as
temporarily used land for 2 years. And as for the remaining land of 3745 mu, the right of
use is to be obtained by means of leasing of land.
(3)Housing attachments:
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85 heatable adobe sheds, 58 heatable concrete sheds, 40 earth stoves, 106 brick
stoves, 672m earth enclosure, 448m brick enclosure, 580 m2 arch (earth and wood, brick
and wood, brick and concrete), 7000 m2 concrete ground, and 19319.97 m2 all kinds of
roof (seats, wood, three plywood, fiber board)and 19 tombs.
(4)Ground attachments: fruit trees, ornamental trees, timber trees, and nursery.
Because the number and amount are large, so the compensation fee is paid according to
the area, a total of 130 mu.
(5)Special-purpose facilities
Affected special-purpose facilities are: two wells, 25.28km channel, 90 electricity poles,
5.4km electricity wire, two transformers, 95 telecommunication poles, 7km
telecommunication wire and 4.5km cable line, 20km street, 300 lights.
(6)Temporarily occupied land:
Because of the construction, 6 mu of beach land will be temporarily occupied for
two years.
(7)Total number of affected persons
According to the survey, during the project implementation, 100 households and 414
persons will be affected by land acquisition, and 122 households and 515 persons will be
affected by housing demolishment, among which there is five persons of one poor family.
The leasing of land will affect 11 groups, 948 households and 3780 persons in Dianzhen
Village and 2 villager groups from Jinfeng Village, among which 25 households and 84
villagers are poor families.
Table 3 Data of acquired land (2014. 6)
Table 4 Data of demolishing building (2014. 6)
type village
Compensated demolishing housing area(㎡)
total Brick &
concrete Brick & wood
Brick, earth & wood
Earth & wood
Dianzhen 32550 1338 7008 14416 9830
Jinfeng 0 0 0 0 0 Total 32550 1338 7008 14416 9830
Table 5 Data of special-purpose facilities (2014. 6)
type village
Acquired land(mu)
total farmland others Dianzhen 130.4 130.4 0 Jinfeng 88 88 0 Total 218.4 218.4 0
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3. Socioeconomic Survey
3.1 Socioeconomic background of the Project area
3.1.1 Socioeconomic background of Zhouzhi County
The Project area, located in Zhouzhi County of Xi’an City, is in the middle of 800 Li
(400 Km long) Guanzhong Plain. It connects Mt. Qinling in the south and the Weihe River
in the south. There are many mountains and rivers in the project area. It has a long
history, excellent natural condition and beautiful scenery, so it is famous for “Golden
Zhouzhi”. The climate is the continental monsoon climate. The annual average
temperature is 13.2 oC in the plain. Four pillar industries, kiwi, tourism, water, and
mineral, have been preliminarily founded, and five operating bases for fruit, chicken, pig,
cattle and embroidery have been built. With a total area of 2,974 km2, in 2013 the county
has farmland more than 900,000 mu, a population of 630,000 living in nine towns, 13
townships and 379 administrative villages, and it is one of the well-known large counties in
Guanzhong Plain.
By the end of 2013, with a total area of 2,974 km2, the county has farmland more than
704,300 mu, a population of 572,400 living in nine towns, 13 townships and 379
administrative villages.
The total output value reached CNY9.328 billion, fixed assets investment CNY11.8
billion and social consumer goods sales CNY3.144 billion. The total output value is 75.5%
more than that of 2010, the year before the implementation of the project.
By the end of 2013, the average net income per capita in the rural area was
CNY9,125, which is an increase of 74.2% compared to CNY 5,238 in 2010, the year
before the implementation of the project.
3.1.2. Investigation data of affected villages
(1)Socioeconomic investigation
There are 2 villages (Dianzhen and Jinfeng) in one town (Jixian) in the project area.
The population is 7008 in 1680 households, among which, 3828 persons of 924
households live at Dianzhen Village, while 3180 persons of 756 households live at Jinfeng
Village. 3556 persons are male and 3462 are female, and the rate is 1: 0.971. The
population per household is 4.17. There are 973 children, 1410 persons older than 60,
type village
Channel (m)
Telecommunication wire (m)
lighting Power pole
Trans former
Telecommu nication pole
well Optical wire (thousand meter)
road(thousand meter)
14156 6944 168 51 1 53 2 2,5 13.7
Dianzhen 11124 5456 132 39 1 42 0 2 10 Jinfeng 25280 12400 300 90 2 95 2 4.5 23.7
Total
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and 4625 adults. The portion in the total population is 13.9%, 20.1%, and 66%
respectively.
According to the sample investigation data, by the end of 2013, about 21.9% of the
total population, 1533 persons received elementary education. 54.1%, 3791 persons
received junior middle school education. 13.5%, 948 persons received senior middle
school education. 10.5%, 736 persons received no education at all.
According to the investigation, by the end of 2013, there are no village enterprises or
individual enterprises at Dianzhen village and Jinfeng village. Villagers' income is from
agriculture, part-time job and household aquaculture and animal husbandry. The land of
the two villages is 11547.9 mu, and the farmland per capita is 1.65 mu. The housing per
household is 150 ㎡. At present, more than 2800 persons get part-time jobs outside mainly
in Zhouzhi and Xi'an. 41 families undertake transportation for passengers and to transport
agricultural products. All other people only undertake agricultural work. They plant crops
such as wheat, corn, rapeseed, Kiwi, peach and apricot. Some housewives undertake
animal husbandry such as chicken, pig and cow. In 2013, the per capita income in the two
affected villages was 7230 yuan, which is a bit lower than that of Zhouzhi County. See
details in Table 6.
Table 6 Socioeconomic data of affected area
(2)Data of sample households
The sample investigation of the project area is to choose 76 households of the total
388 households at random affected by the LA&R. The rate of sample households is 20%,
and 42 households are from Dianzhen Village, while 34 households are from Jinfeng
Village. The data are at Table 7.
Table 7 Basic data of affected 76 sample households
item Affected 76 households time End of 2010 End of 2013 population 315 321 Labor force 204 210 Farmland per capita (mu) 1.6 1.65 Annual average net income (yuan)
5138 7351
Farmland per household 6.64 6.77
item village
household person Poor person/HH farmland(mu) Net income per capita(yuan)
2010 2013 2010 2013 2010 2013 2010 2013 2010 2013
Dianzhen 948 924 3780 3828 152/38 155/51 6157.5 7315.93 5156 7400 Jinfeng 602 756 2500 3180 95/24 160/42 3865.5 4232 5090 7230 total 1550 1680 6280 7008 247/62 315/93 10023 11547.9 5142 7300
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Yearly output value per mu 1100 1200 Average net income per household
planting 2582 21323 4712 31021 poultry 3800 5214
sideline 14941 21095
average cost per family
Production cost 6240 20712 9050 30200
Life cost 14472 21150
Housing per capita 36 35 Production Machinery 2 3 Life apparatus 1.5 4
Note: the planting income contains income from orchard.
As shown in Table 7, the yearly income per household of the 76 sample households
at two villages was 21323 yuan at the end of 2010 and the income per capita was 5138
yuan, which is a bit lower than 5142 yuan for that of the 2 villages. The reason is the
different methods employed in the annual report and the sample investigation. In 2013,
the average income of the 76 sample households is CNY30200, and the income per
capita is CNY7351, which is 45.5% more than that of 2010. The housing per capita is 34
㎡, which is almost the same as that of 2010, and the reason for that is the housing for
relocation has not been finished while the work of LA&R began in 2013. The value of
production machinery and life apparatus rises a lot compared with that of 2010 due to the
socioeconomic development. Because the work of LA&R began in June 2013, the
influence of the project will be evident in later development, and the relevant analysis will
be shown in the later monitoring and evaluation reports. One thing we have to mention
here is that the number of poor households in the affected villages in 2013 is 93, rising
50% than that of 2010, because Zhouzhi County raised the poor household standard from
CNY1600 to CNY2500 in 2011. So, the number of poor households rises a lot. According
to the standard of CNY 1600, the number of poor households is only 36 at the two affected
villages, which reduced 42% compared with 62 households in 2010. In the subsequent
reports, we will adopt the new standard.
4. POLICIES FOR LAND ACQUISITION AND RESETTLEMENT
AND RELEVANT LAWS
4.1 National Laws and Regulations Concerning Acquisition and Relocation
In accordance with the following legal documents, the construction unit is entitled to
the land acquired upon compensating the affected units and people.
(1) The Land Administration Law of the People’s Republic of China.
Adopted at the Sixteen Session of the Standing Committee of the Sixth National
People’s Congress on June 25, 1986; amended in the light of the Decision of The Fifth
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Session of the Standing Committee of the Seventh National People’s Congress on
Amending the Land Administration Law of the People’s Republic of China on December
29,1988, and amended at the Fourth Session of the Standing Committee of the Ninth
National People’s Congress on August 29,1998; and effective as of January 1,1999.
Main contents: formulations on land ownership, land using overall plan, farmland
protection, land for construction, supervision and inspection, legal responsibility, including
land expropriation compensation, subsidy standard for relocation, and relocation way of
relocated people.
(2) Regulations on the Implementation of the Land Administration Law of the
People’s Republic of China (No.256 Decree of the State Council of The People’s
Republic of China on December 27,1998)
Main contents: in the light of the Land Administration Law of the People’s Republic of
China, formulates concrete implementation ways.
(3) Regulations on the Protection of Basic Farmland (No.257 Decree of the State
Council of The People’s Republic of China on December 27,1998)
Main contents: in line with Agriculture Law of the People’s Republic of China and the
Land Administration Law of the People’s Republic of China, concrete formulations for the
country’s protection of basic farmland, including delimitation, protection, supervision and
management, legal responsibility, and so on.
(4) Interim Regulations of Farmland Use Tax of the People’s Republic of China (No.
27 Document of the State Council on April 1, 1987)
Main contents: formulations about tax contribution standard and contribution range of
state construction occupied farmland.
(5) Regulations on the Implementation of the Land Administration Law of the
People’s Republic of China of Shaanxi Province (adopted at the Twelfth Session of the
Standing Committee of the Ninth Provincial People’s Congress on November 30, 1999,
and effective on January 1, 2000)
Main contents: in line with the Land Administration Law of the People’s Republic of
China, Regulations on the Implementation of the Land Administration Law of the People’s
Republic of China, the reality of Shaanxi Province, concrete formulations.
(6) Detailed Implementation Regulations on Regulations on the Protection of Basic
Farmland of Shaanxi Province (No. 30 Decree of the People’s Government of Shaanxi
Province on April 4, 1996)
Main contents: in line with the Land Administration Law of the People’s Republic of
China, Regulations on the Protection of Basic Farmland by the State Council, relevant
laws and regulations, and the reality in Shaanxi Province, concrete formulations on the
protection of the basic farmland in Shaanxi Province.
(7) Decision on Furthering Reform of Land Management of the State Council (Guofa
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[2004] No. 28)
Main contents: In order to use the land properly, to protect the legal rights of the
peasants whose land is expropriated, to maintain social stability, and to perfect the land
expropriation and resident relocation system, the decision puts forward the guide principle
and way to perfect the compensation of land expropriation. The decision asks all the
county, city and province governments to take useful measures to make sure that the
peasants’ living standard will not decrease after their land is expropriated, and that
according to laws in force, the land compensation, relocation compensation, ground
attachment and young crop compensation are paid in full and in time. If according to laws
in force, after the payment of land compensation and relocation compensation, the
peasants whose land is expropriated cannot maintain the original living standard, and their
social security can not be paid , the province , autonomous region and municipality
government should agree to add relocation compensation. If the sum of land
compensation and relocation compensation reaches the legal upper limit, but the
peasants whose is expropriated couldn’t remain the living standard as before, the local
people’s government can subsidy with the state-owned land income. The government of
province, autonomous region and municipality should work out and promulgate the
standard of output value or price of land. The land expropriation should be the same land
the some price. The national key construction project should take the expense of land
expropriation into its budget.
(8) Notice on Printing the Suggestions for Completing Compensation and
Relocation System of Land Expropriation by the Ministry of Land Resources of People’s
Republic of China (Nov. 3, 2004, Guotuzifa [2004] No. 238)
The main contents: to put forward how to carry through 《The Decision of the State
Council on Deepening the Reform and Strictly Enforcing Land Administration》especially
aiming at some problems during the land expropriation compensation and relocation
system. There are two aspects:
(ⅰ) to formulate unified annual output value standard. The province land and
resources administrative organ along with relevant organs woks out the lowest unified
annual output value of every county in the province, then announce and carry out it after
the approval of the province government. The workout of unified annual output value
standard should consider the type and quality of expropriated land, the investment on the
land, the price of agricultural products, the grade of land, and so on.
(ⅱ) The affirmation of unified annual output value times. The unified annual output
value times of land compensation and relocation subsidy should ensure the peasants
whose land is expropriated remain a standard no lower than before and be worked out
within the legal limit. According to the legal unified annual output value times, if the land
compensation and relocation subsidy couldn’t ensure the peasants whose land is
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expropriated couldn’t remain the original living level and couldn’t pay for their social
security, the times can be increased after the approval of province government. If the sum
of land compensation and relocation subsidy is 30 times as the unified annual output
value, the peasants whose land is expropriated couldn’t remain the original living standard,
the local government can subsidy from the state-owned land income. If the basic farmland
is expropriated by the legal approval, the land compensation should be carried out
according to the highest compensation standard announced by the local government.
4.2 ADB’s Policy on Involuntary Resettlement
For its supported construction project, ADB formulates its policy--- ADB’s Policy on
Involuntary Resettlement (1995). Its main contents are same as our country’s relevant
laws and regulations, and only a few items are different. The main idea of ADB’s Policy on
Involuntary Resettlement are:
(1) Involuntary resettlement should be an important consideration in project
identification. For any project that requires relocating people, resettlement should be an
integral part of project design and should be dealt with from the earliest stages of the
project cycle, taking into account the following basic principles:
(ⅰ)Involuntary resettlement should be avoided where feasible.
(ⅱ)Where population displacement is unavoidable, it should be minimized by
exploring all viable project options.
(ⅲ) If individuals or a community must lose their land, means of livelihood, social
support systems, or way of life in order that a project might proceed, they should be
compensated at replacement cost and assisted so that their economic and social future
will generally be at least as favorable with the project as without it. Appropriate land,
housing, infrastructure, and other compensation, comparable to the without project
situation, should be provided to the adversely affected population, including indigenous
groups, ethnic minorities, and pastoralists who may have usufruct or customary rights to
the land or other resources taken for the project.
(ⅳ) Any involuntary resettlement should, as far as possible, be conceived and
executed as a part of a development project or program and resettlement plans should be
prepared with appropriate time-bound actions and budgets. Resettlers should be provided
sufficient resources and opportunities to reestablish their homes and livelihoods as soon
as possible
(ⅴ ) The affected people should be fully informed and closely consulted on
resettlement and compensation options. Where adversely affected people are particularly
vulnerable, resettlement and compensation decisions should be preceded by a social
preparation phase to build up the capacity of the vulnerable people to deal with the issues.
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(ⅵ)Appropriate patterns of social organization should be promoted, and existing
social and cultural institutions of resettlers and their hosts should be supported and used
to the greatest extent possible. Resettlers should be integrated economically and socially
into host communities so that adverse impacts on host communities are minimized. One
of the effective ways of achieving this integration may be by extending development
benefits to host communities.
(ⅶ) The absence of formal legal title to land by some affected groups should not be a
bar to compensation. Affected persons entitled to compensation and rehabilitation should
be identified and recorded as early as possible, preferably at the project identification
stage, in order to prevent an influx of illegal encroachers, squatters, and other
nonresidents who wish to take advantage of such benefits. Particular attention should be
paid to the needs of the poorest affected persons including those without legal title to
assets, female-headed households and other vulnerable groups, such as indigenous
peoples, and appropriate assistance provided to help them improve their status.
(2) The ADB Policy on Involuntary Resettlement set out policies principles: the
following are relevant for this Project: Where population displacement is unavoidable, a
detailed resettlement plan with time-bound actions specified and a budget are required.
Resettlement plans should be built around a development strategy; and compensation,
resettlement, and rehabilitation packages should be designed to generally improve or at
least restore the social and economic base of those to be relocated. Monetary
compensation for land alone may not be adequate. Voluntary relocation by some affected
persons may form part of a resettlement plan, but measures to address the special
circumstances of involuntarily resettled people should also be included. Preference
should be given to resettlement of people dislocated from agricultural settings unto similar
settings. This is particularly important for indigenous peoples whose degree of
acculturation to mainstream society is limited. If suitable land is unavailable, other
strategies built around opportunities for wage employment or self-employment may be
used.
There are regulations about the implementation and monitoring of resettlement, the
loan party should report to ADB about the progress of resettlement during the project
implementation; and in charge of the monitoring and evaluating of resettlement; ADB will
supervise the implementation of resettlement in order to make sure if the implementation
matches the resettlement plan.
4.3 Comparison of Relocation Policies between ADB and China
(1) Comparison analysis on resettlement policy
The resettlement policy of our country is: 1) save land of construction, especially the
farmland; 2) to use the land legally during construction; 3) to balance the interest of
country, group and residents in using the construction land; 4) to combine country’s
16
compensation with relocated people’s own efforts; 5) resettlement in reservoir mainly in
agriculture resettlement; 6) our country advocate and support developing resettlement,
and adopt the method of compensation and subsidy in the early stage and help to
produce in the later stage; and 7) to help the relocated people to live well and not to
decrease relocated people’s income and to raise gradually.
The policy on relocation and resettlement launched by ADB aims to ensure that the
relocated people can benefit from the Project. In specific, the policy includes the following
items: 1) Try to avoid the involuntary resettlers or reduce the number of the involuntary
resettlers to the minimum in a feasible way; 2) If it is inevitable to relocate people, relevant
relocation and resettlement plan shall be formulated. The policy of ADB is to help improve
or, at least restore the life of the relocated people; 3) The relocated people are entitled to
compensations for their property loss, and to the profits generated from the Project, as
well as obtain help in the process of relocation and resettlement; 4) The relocated people
shall be supported in terms of restoring their previous livelihood, income and production
strength; 5) The special demand of the disadvantaged relocated people shall be fulfilled; 6)
Public participation is encouraged in the process of planning and implementation of the
relocation and resettlement; 7) The relocated people shall be integrated with the residents
from the resettlement area in terms of social and economic aspects; and 8) Farmers
affected by the Project shall be provided with land, house, infrastructures and other
compensations.
Comparatively speaking, the relocation policies between ADB and China are the
same in the following aspects: trying to reduce the number of the relocated people;
appropriately resettling down the production and life of the relocated people; ensuring that
the livelihood and production level of the relocated people can keep pace with the
previous level and even be greatly improved. The relocation policy of China advocates the
exploitable relocation, and underlines that the concept of national compensation along
with self-reliability shall be applied in relocation and resettlement work; while ADB
emphasizes public participation and special concerns for the disadvantaged groups.
(2) Comparison analysis of resettlement plan
Before ADB evaluates a project, it requires a satisfactory “resettlement plan” from the
project owner. In the content and coverage, the ADB’s demand is much more specific
than that of our country, so there is some distance between them. That is also the difficult
point to work out ADB’s resettlement plan. The main contents of our country’s
resettlement plan are: 1) the affected scope of affected land, to survey the amount of
affected lose and all kinds of residents; 2) to choose the year of plan; 3) according to the
possible resettlement place provided by the local government, to collect data of natural
resources, social economy, agricultural region and economic development program; 4)
determine production and living standard of relocated residents; 5) to balance the
17
resettlement of production and relocated people; 6) to balance the living plan and the
relocated residents, 7) to analyze the input and output, to predict the living level of
relocated resident and to give a total evaluation; 8) to give a budget of investment; 9)
according to the process of the project, to put forward the annual pace of resettlement.
ADB’s resettlement plan is as follows: The contents and level of detail of resettlement
plans, which will vary with circumstances, especially the magnitude of resettlement,
should normally include a statement of objectives, policies, and strategy, and should cover
the following essential elements: (i) organizational responsibilities; (ii) community
participation and integration with host populations; (iii) socioeconomic survey; (iv) legal
framework including mechanisms for resolution of conflicts and appeals procedures; (v)
identification of alternative sites and selection; (vi) valuation of and compensation for lost
assets; (vii) land ownership, tenure, acquisition, and transfer; (viii) access to training,
employment, and credit; (ix) shelter, infrastructure, and social services; (x) environmental
protection and management; and (xi) implementation schedule, monitoring, and
evaluation.
ADB’s policy on resettlement place, living level of relocated residents and survey of
social economy is the similar with that of our country. However, the ADB’s standard is
higher than that of our country. ADB’s policy pays great attention to organizational
responsibilities, community participation and integration with host populations, legal
framework, environmental protection and management and implementation schedule,
monitoring, and evaluation.
Moreover, there are some differences of demand and procedure between ADB’s and
our country’s resettlement plan, such as compensation for relocated residents,
implementation schedule, monitoring and evaluation, organizational responsibilities and
public participation.
4.4 Conclusion
Because the main contents of ADB’s policy is the same as our country’s policy, so
they are both the basic foundation of the resettlement plan of the project. So, the
resettlement plan of the project can meet the demands both of the ADB’s policy and our
country’s policy.
5. Land acquisition, housing demolition and resettlement
policy
5.1 Compensation standard of LA&R
To protect relocated people’s legal rights and to guarantee relocated quality of the
relocated people are both our country’s relevant policy and laws and ADB’s Involuntary
Resettlement Policy (1995) for the relocated people. The implementation of this project
18
inevitably needs some land expropriation, building demolition and resident relocation. In
accordance with legal regulations concerning land acquisition and relocation by the
national and local governments and guiding principles of ADB concerning relocation and
resettlement, and especially in order to carry out the construction of the Project, the
Project shall be implemented in adherence to improving or not lowering the production
conditions and living standard of the affected people. The affected residents are entitled to
get compensations from the implementation party that should help the affected residents
to resume or improve the level of their income and life. In conformity to the above
principles, the Foreign Loan Office of Shaanxi Province, the executing agencies, and Mt.
Qinling Botanic Garden of Shaanxi, the implementing unit, together with Shaanxi
Provincial Department of Land Resources and other related departments, draw out
relative policies and measures in respect of the Project. Xi’an Municipal Government
approved the compensation standard of LA&R of the project in November 2010. The
standard is as follows.
5.1.1 Affected housing
(1)Compensation shall be made in accordance with the actual condition of the
demolished houses, regardless of their ownerships, in order to ensure that the
demolished households can obtain the houses of the same structure and areas as their
demolished ones stipulated in RP. According to the guide for house relocation settlement
and the structure and type of houses, the people affected by house demolition shall be
compensated directly, and their previous houses shall not be depreciated; besides, the
affected residents are entitled to salvage the construction materials of their previous
house.
(2)For villagers who lose their houses, the villages shall take them into New Rural
Construction program. The house cannot be demolished until the demolished households
have moved to their new houses. After the replacement price was assessed and checked
by county/city housing administration, the compensation standard was approved in
Document No. 21 by Xi’an Municipal Government in 2010. The details are in Table 5.
Table 8 Compensation standard for housing
yuan/㎡
Brick and concrete
Brick and wood
Brick, earth and wood
Earth and wood
RP (2008) 511.18 475.44 422.94 316.41
Document No. 21 680 550 430 350 Note: The standard in Document No.21 is the highest standard for the same kind of housing, which
is a little higher than the standard of the original RP. For the items not mentioned in above table, the
compensation standard will be decided according to the standard by the county-level and above housing
assessment organ.
5.1.2 Compensation standard for affected land
19
The standard for land compensation and relocation subsidy of the project is in line with
the spirit and requirement of Land Administration of the Peoples Republic of China, the
Decision on Furthering Reform of Land Management of the State Council (Guofa [2004]
No. 28) and the Notice on Printing the Suggestions for Completing Compensation and
Relocation System of Land Expropriation (Guotuzifa [2004] No. 238) released by the
Ministry of Land and Resources, land compensation and relocation subsidy will be added
together.
----According to the Land Administration Law of PRC, the farmland compensation is
not more than the legal maximum of the summation of both farmland compensation and
relocation subsidy, namely, totally 30 times of the average output value of the land within
the project area in the first three years since the land is expropriated. Besides, the project
took compensation standard of other projects at the same kind of area into consideration.
----The young crops compensation shall be calculated according to the maximum of
40% to 90% of the average output value of the land with damaged young crops in the first
three years.
Zhouzhi County Government, the government in the project area, approved the
compensation standard by the Document (Zhouzhengzi [2007] No. 36). Xi’an Municipal
Government also approved by the Document (Shizhengfa [2010] No. 21). The land
compensation of the project is at Table 9.
Table 9 Compensation standard for land acquisition
yuan/mu
type Farmland Beach land (including nursery, slope land)
Annual output value* 1193 1062 Compensation rate 21 16
Compensation standard 26000 17000
* - average price from 2010-2013.
According to Article 47 of Land Administration of the Peoples Republic of China and
the relevant regulations released by Shaanxi Provincial People’s Government, the formula
for calculating the compensation for farmland is as follows:
Q1=A•a (e.g.: farmland 26000=1193×21)
Among which:
Q1 = land compensation
A = average output of the land in the first three years before the land is expropriated
a = coefficient of land compensation and relocation subsidy=21
The formula for calculating the compensation for beach land is as follows:
Among which: Q1=A•a+A•b
Q1 = land compensation and relocation subsidy
20
A = average output value of the land in the first three years before the land is
expropriated
a = land compensation rate =6
b= relocation subsidy rate=10
5.1.3. Compensation for young crops:
Compensation for young crops is calculated according to 90% of the average annual
output of the land before expropriation in the first three years. The compensation standard
is 1100 yuan each mu (530 yuan/mu in the summer and 570 yuan/mu in the spring).
5.1.4. Other affected facilities
a. After the assessment of the legal assessment organ, compensation for the affected
auxiliary facilities shall be paid according to replacement price of the facilities.
b. All special-purpose facilities, including facilities for hydraulic work, power and
telecommunication, as well as yards, pools and vault storeroom, shall be compensated
according to relevant regulations of Shaanxi Provincial People’s Government and their
real construction cost or replacement price.
5.1.5 Compensation scope of land acquisition and housing demolition
The Project plans to use land of 3963.4 mu in total. The affected villages are
Dianzhen Village and Jinfeng Village of Jixian Town, including permanent land acquisition
of 218.4mu, 100 households affected by land acquisition with 414 people, and 244 people
of 59 households in Dianzhen Village; 170 people of 41 households in Jinfeng Village. The
remaining land’s right to use is obtained by pooling of land as shares, which involves the
entire Dianzhen Village and Jinfeng Village, with 948 affected households and 3780
people (see Section 4.2 for details). The Project needs to dismantle buildings of 19319.97
m2, and relocation affects 8th and 9th villager groups with 143 households and 617
villagers in a centralized way. For these relocated people, all can obtain resettlement
within their own village. The total expense for compensation of LA&R of the Project is
estimated at CNY123,288,000.
5.1.6. Compensation standard evaluation
According to the spirit and requirement of the Decision on Furthering Reform of Land
Management of the State Council (Guofa [2004] No. 28) and the Notice on Suggestions
for Completing Compensation and Relocation System of Land Expropriation (Guotuzifa
[2004] No. 238) released by the Ministry of Land and Resources, the compensation
standards for houses, affected land and young crops of this Project are proposed by
Shaanxi Foreign Loan Office, namely the executing agency and the implementation
agency, of the Project, namely QNBG, along with Shaanxi Provincial Department of Land
and Resources and Shaanxi Provincial Bureau of Statistics, in the light of the social and
economic development strength and features within the Project area of Shaanxi province,
incorporating the part of suggestions put forward by every district when they enact the
21
uniform standard for annual output. Therefore, these standards have been increased by a
large margin compared with the previous ones. For example, the compensation standard
of Xi’an-Yumenkou Expressway is 15 times as the average annual output of the land
before expropriation in the first three years. However, the compensation standard of some
projects (such as some projects in Northern Shaanxi) is a bit lower, because the average
annual output of the land there is much lower than that in the Guanzhong Plain. The
compensation standard for land and young crops of the Project has been stipulated with
incorporation of the suggestions of the local government and residents, so it is rated
highly by the local government and residents according to consultation feedbacks.
The compensation of house and the attachment is according to the replacement
price and the price is decided by the professional asset evaluation agency. So, the
affected villagers’ living standard will rise in some degree.
With these compensation policies and measures, the affected people in the
project area expect and support the Project, which is a social support for the
implementation of Mt. Qinling Botanical Garden.
5.2. Land Compensation and Dividend for the Voluntarily Leased Land within the
Project Area
The Project will utilize 3963.4 mu of land area, of which 218.4 mu of land will be
expropriated, and the rest of the land, totally 3,745.87 mu, shall obtain the right to use in a
way of voluntary leasing. The land utilization and compensation of the leased area
includes two aspects: the compensation for ground attachments and young crops; and the
policy on dividend for the leased land. The standard for the former two items shall comply
with the relevant requirements of the national policy and ADB.
5.2.1 Compensation and payment for the ground attachment and young crops of the
leased land within the Project area
(1) According to the research report on The Project of Land Expropriation, Relocation
and Conservation of Mt. Qinling National Botanical Garden, it is preliminarily confirmed
that the leased land is 3,745.87 mu, of which the irrigable land and dry land take up
1,126.07 mu, orchard land 60 mu, and hillside land 2560.8 mu. The compensation
standard for the ground attachments and young crops of the leased land shall conform to
that of the expropriated land of the Project. See Table 10 and 11.
Table 10: Young Crop Compensation Standard in the leasing land
Unit:
CNY/mu
Type Vegetable
(10% of the young crop total)
Other young crops
(mainly grain crops)
22
Type Vegetable
(10% of the young crop total)
Other young crops
(mainly grain crops)
Standard 1,000 500
Table 11: Affiliated Facilities Compensation Standard in the leasing land
Unit:
CNY/mu
Scattered Fruit Trees (each)
Young Fruit Trees (each)
Useful Woods (each)
Young woods
(each)
Gardens and nurseries (each)
30-190 5-30 30-700 5-30 10-40
Note: this is only a basic standard. During the compensation of the affected ground attachments, the compensation is according to the assessment on the ground attachment and the compensation standard.
(2) According to Item 4, Chapter 1 of the Land Administration Law of PRC, the
definition of agricultural land is “including farmland, forestry land, grassland, land for
irrigating facilities, water for breeding industry and so on; construction land refers to land
for buildings and structure”. The Project is an ecological protection project and the leased
land shall not change its nature for agricultural use, thus all kinds of specialized facilities
on the ground of the leased land for hydraulic work, power, communication, yard and vault
storeroom shall not be damaged or relocated. If compensation is necessary in the Project,
it shall be paid in accordance with the relevant regulations of the Xi’an Municipal People’s
Government and the real construction cost, or the alternative price.
(3) The compensation and payment for the ground attachments and young crops of
the pooled land shall be fulfilled a month earlier prior to the implementation of the Project.
(4) Consultation, complaints, appeal, public participation, supervision and
assessment procedure and method concerning the above-mentioned compensation
standard and payment shall be in conformity with that of the expropriated land of the
Project.
5.2.2 Dividend
According to settlement policy on leasing of land in Instruction on Consummation of
Land Appropriation Compensation System by the Ministry of Land and Resources
(Guotuzifa〔2004〕No.238), “for the project-used land with long-term income, the
countryside collective economic organ and land using unit can negotiate and use either
compensation fee or the use right of construction land as shareholders. These
shareholders get profit sharing through contract with preferred capital stock.” The Project
will acquire land-use right of 3,745.87 mu by the way that farmers are shareholders with
free will. Besides compensation of ground attachment and green seedling of appropriated
23
land, the original land user will share profits through annual dividend payments. In order to
protect the interest of the original land user of the appropriated land and guarantee the
income increase and stable livelihood of farmers, profit sharing for the original land user
will be calculated by fixed profit sharing and revenue profit sharing. The duration of the
leasing land is 50 years.
(1) The standard of the fixed dividend is CNY540 for irrigating land and orchard,
CNY380 for dry land, and CNY280 for slope land. The fixed dividend is calculated by year.
The receiver is each villager group. Each group distributes the compensation to the
original users according to their proportion of their leasing land. The QNBG agrees to pay
one-year fixed dividend in cash or in check within 3 months after the signing of the leasing
land contract. Then, at the end of each September, the next year’s fixed dividend will be
paid.
(2) From the year Mt. Qinling National Botanical Garden gains admission income, the
original land user will enjoy operation profit sharing and the standard and policy of the
fixed profit sharing will not be altered.
The operation profit shared by original leasing land users is calculated by the QNBG
and each unit of village, and then the villages distribute it to their own groups. The amount
that each group can receive is calculated according to its capital stock from its land use
right. The capital stock is calculated as follows:
CNY13,500 for the irrigated land, CNY9500 for the dry land and CNY7000 for the
slope land. The amount of operation profit sharing is calculated according to the
proportion of the capital stock in the QNBG.
If there is no operation profit sharing, in order to protect the interest of the original
users of the leasing land, the QNBG agrees to pay CNY2.50 from every ticket to the
groups of Dianzhen Village as the operation profit sharing according to their capital stock.
Dianzhen Village shall distribute it to each group in a fair way according to their
corresponding proportion of the land capital stock. Each group can decide their own
distribution plan after the original users’ meeting.
According to the plan and the procedure, the QNBG will become a company in 6
years. Then, the operation profit sharing will be calculated according to their capital stock
in the Garden. With analysis based on the data of feasibility study report of the Project, the
Garden will make a total investment of CNY 402,756,400; after calculation and evaluation,
and preliminary agreement is reached with the relocation protection area of Dianzhen
Village and Jinfeng Village, all leased land of farmers shall account for about 6% of the
total investment of the Garden. Thus, after becoming a shareholder, the farmers will have
the dividend of 6% of the net profit of the project. In order to protect the interest of all the
original users, the Garden agrees that if the 6% operation profit sharing is lower than the
amount of CNY2.50 from each ticket, the Garden will get the amount of CNY2.50 from
24
each ticket and the Garden doesn’t run as a company. If the Garden runs as a company,
the Garden will not pay the amount of CNY2.50 from each ticket any more.
Legal representative of fixed profit sharing and operation sharing is the Villager’s
Committee of Dianzhen Village and Jinfeng Village, Zhouzhi County in affected areas,
which shall grade the participating land according to its practical type by local people’s
government, village committee and the Garden.
(3) Revenue analysis of land leasing
The relocation and conservation project of Mt. Qinling National Botanical Garden will
achieve the use right of 3745.87 mu land by farmers’ voluntary leasing land in the project
area. Based on the investigation, before distribution of revenue, 3745.87 mu land can
obtain an annual net income of CNY1,195,800, or about CNY319 every year per mu on
average. The fixed dividend after the leasing is CNY400 for each mu every year on
average. So the income after the leasing is CNY1,498,300. Therefore, the annual income
of farmers could increase by 25.25% every year merely from fixed dividend of land.
As for the profit dividend, according to the land leasing agreement by QNBG and
Dianzhen Village and Jinfeng Village, QNBG agrees to give CNY2.50 from every ticket to
Dianzhen Village and Jinfeng Village as the profit dividend from the day when the ticket is
sold. According to the feasibility report of QNBG and calculation, the QNBG received
visitors in 2011 and sell 600,000 tickets every year, which will increase 2% every year. So,
Dianzhen Village and Jinfeng Village received CNY1,500,000 profit dividend in 2011. The
average profit dividend is CNY400 per mu of leasing land and CNY621 per capita. After
the implementation of the Project for six years, the Garden will run as a company. Then
the profit dividend sharing will be calculated according to the proportion of leasing land in
the Garden’s capital stock. According to the feasibility report and the assessment of the
data, the total investment of the Garden is CNY402,756,400. The villagers’ leasing land
accounts for CNY24,165,400 when converted to share capital, about 6% of the total
investment. So, according to this 6%, the villagers will receive an estimated
CNY2,516,200 as profit dividend in the same year. However, in another way, the villagers
may choose the way of getting CNY2.50 from every ticket instead of 6% sharing. In such
case, the villagers in Dianzhen village and Jinfeng Village will receive an estimated
CNY1,624,000 in the same year. The estimated income of the leasing land within 15 years
after Project implementation is shown in Tables 12 and 13.
Table 12: Shareholder Land Profit in Project Implementation Area (CNY 10,000)
Affected Village
Land
(mu)
Original
Net Profit
(CNY 10,000)
Original
Net
Profit per unit
(Yuan/
Mu)
Fixed Profit After Becoming Shareholder (CNY 10,000)
Earnings after opening business (CNY2.5 from every ticket in the first 6 years, then 6% of annual profit) (CNY10,000)
The first year
The fifth year The tenth year
The fifteenth year
25
Affected Village
Land
(mu)
Original
Net Profit
(CNY 10,000)
Original
Net
Profit per unit
(Yuan/
Mu)
Fixed Profit After Becoming Shareholder (CNY 10,000)
Earnings after opening business (CNY2.5 from every ticket in the first 6 years, then 6% of annual profit) (CNY10,000)
The first year
The fifth year The tenth year
The fifteenth year
Before becoming Shareholder
3,745.87 119.58 319.23
After becoming Shareholder
3,745.87 149.83 (The fixed dividend is CNY 400 for each mu. )
150.0 (600,000 tickets every year)
162.4 from tickets or 251.62 from profit Annual after-tax profit is 41, 93.67)
341.97 (Annual after-tax profit is 5699.53)
439.40 (Annual after-tax profit is 7323.42)
Note: The income cost and financial assessment after the project operation have
been analyzed in detail in the project feasibility report.
Table 13: Income forecast table after the project completion
Unit: CNY10000
Year The first year The fifth year The tenth year The fifteenth year
Gross income annually 8, 634.00 9, 345.72 10, 573.82 11, 963.31Total cost evaluation 5, 473.19 5, 148.05 4, 874.29 4, 639.89Annual profit 3, 160.81 4, 193.67 5, 699.53 7, 323.42
Note: The gross income annually consists of the income from ticket, food service, various
facilities service, etc. The visitors spend CNY143.92 each visit on average.
Therefore, the income of land leasing affected households falls into two parts after the
construction of Mt. Qinling National Botanical Garden: One is the annual fixed distributed
bonus of CNY 400 /mu on average; the other is land sharing distributed income based on
the ticket income or operating profit of the Garden. And both of these two kinds of income
shall greatly increase the income of farmers enjoying land share once the project is
implemented. In 2011 when the Project came into operation, the land sharing distributed
income based on the ticket income was CNY400, and the fixed distributed bonus was
CNY400/mu, both increased by about 25.2% compared to the annual income of
CNY319.2 before Project implementation. Thus, no matter for the fixed dividend or profit
dividend, the Garden will greatly increase the income and improve the living standard of
farmers in the project area.
(4) Risk analysis
QNBG is approved by Shaanxi Provincial Government, National Bureau of Forestry,
National Academy of Sciences and Xi’an Municipal Government, using the loan of ADB.
And it is a demonstration project that researches, protects and utilizes the biodiversity of
Qinling area that is one of ten national ecological function areas. The feasibility report of
26
QNBG shows the operation income, cost, financial condition and profit. The conclusion is:
the total investment is CNY402,756,400, the profit rate after paying taxes is 12.13%, the
duration of paying back investment is 10.94 years, the net financial value is
CNY84,386,700, the average profit rate is 18.34% and the profit tax rate of investment is
20.06%. According to the internal rate of return and sensitivity of financial assessment, the
Project can pay debts easily. For the original land users, the risk is that the operation is far
from the expectation and the profit dividend sharing is not confirmed. So the villager
committee of Dianzhen Village and Jinfeng Village propose that before the 6% profit
dividend sharing, QNBG will pay CNY2.5 from every ticket. Once the Garden is profitable,
the original land users can choose to share the 6% profit dividend sharing. If the operation
profit sharing is lower than the amount of CNY2.50 from each ticket, the original land
users will get the amount of CNY2.50 from each ticket. Under the condition of no profit or
low profit, the original land users will always get CNY400 fixed dividend, which is higher
than the average annual income of CNY319.2/mu before the implementation of the
Garden. So, the Project will provide a higher and stable income to the villagers with no risk.
Plus, villages can earn more income from employment and other business activities either
in the QNBG or in the surrounding area.
5.2.3 Process
(i) The Project will utilize 3,745.87 mu. The land includes 1,108 mu of farmland
leased from villagers who receive shares. According to the Land Administration Law of
People’s Republic of China as well as the principle of “reclaimed land equal to the
occupied land”: if the construction land is in the protection area of basic farm land
designated by the local government, people should open up the same quantity and quality
as the occupied basic farmland, besides paying taxes in accordance with the Land
Administration Law of People’s Republic of China and relevant administrative laws and
regulations; if there is no condition to open up wasteland or the opened-up land does not
meet the need, QNBG should pay farmland reclamation fee as stipulated to the
department designated by provincial, autonomous regional and municipal people’s
government, or supplement the farmland reclamation fee.
(ii) At present, the villagers at Dianzhen Village of Zhouzhi County, the project area,
show their willingness for land leasing to the project owner and have authorized the village
committee to sign the agreement of dividend with the project owner. On October 16, 2007,
all villager groups in Dianzhen village signed the land leasing contract (see Appendix 4
Leasing Land Contract of QNBG). So, the right and duty relationship between the original
land users and the Garden was legalized, which lays foundation for the further
implementation of QNBG.
(iii) The Project needs to permanently acquire 294mu of farmland for the construction
of the QNBG buildings. After implementation of the project, actual quantity of requisitioned
27
land decreases to 218.4mu from 294mu due to detailed design scheme and construction
scheme of the Project. By the end of 2013, land of 218.4mu has been acquired and all
compensation fees have been paid.
(iv) Compensation of the ground attachments: the QNBG will use 3963.4mu land in
total. By the end of 2013,, the compensation of the ground attachments has been
completed. The compensation and payment was finished according to the Reply of Xi’an
Municipal Government to Land Acquisition, Demolition and Resettlement Compensation
of QNBG of Zhouzhi County (Shi Zheng Fa [2007] No.117) and the payment standard of
Compensation Standard Table for Ground Attachment of the leading group of Zhouzhi
County.
(v) The implementation plan of the land compensation and dividend scheme for
affected farmers in the Project area who voluntarily buy shares has been adjusted due to
the postponed construction of the Project, and the land compensation and dividend
scheme have not been fully implemented. The fixed dividend for land was paid on
schedule in accordance with the shareholder agreement. There is no benefit dividend
because of no business income. It is predicted that benefit dividend will be obtained on
June 2015 when the Project achieves business benefit.
5.3 Payment and monitoring of village-level land compensation
The construction unit will pay land compensation and resettlement subsidy of the
project construction through administrative procedures. According to the formulations of
The Land Administration Law of the People’s Republic of China, the land compensation is
paid to the land owners or land users, and resettlement subsidy is paid to help settle down
the rural residents after the land expropriation. So, the land compensation should be
arranged and spent by the village committee and the village collective is in charge of the
economic recovery of the APs. If the APs are willing to receive the compensation for land
acquisition and arrange their own economic recovery and development scheme, the land
compensation will be directly paid to them. And the resettlement subsidy is arranged and
spent by people who help settle down the rural residents. If the affected individuals find a
job or resettle themselves, resettlement subsidy will be retained by the APs. Nobody can
hold back or divert land compensation or resettlement subsidy. The transfer, usage
management and monitoring of village-level land compensation and resettlement subsidy
will be undertaken as per following procedure:
5.3.1 Inspection and preparation before transferring the fund:
(i) According to social survey data, the affected village should hand detailed impacts
to higher level Resettlement Arrangement Office for inspection.
(ii) All-level Resettlement Arrangement Office, External Monitor, and local
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government in affected villages should train village-level management department, and
guide them to work out a development program which is suitable for the local reality and
using plan of resettlement fund, according to local social economy development reality
and prospect.
(iii) Relevant departments should guide, inform, consult and negotiate with APs and
the village-level management to work out the utilization plan of village-level fund and
report it to county-level project office for inspection.
(iv) County-level Resettlement Arrangement Office inspects and gives guidance to perfect
the utilization plan of the village-level fund. If the using plan of fund is not available, the
fund will not be transferred.
5.3.2 Management and monitoring of fund utilization
(i) County-level Resettlement Arrangement Office inspects and confirms the
utilization plan of village-level resettlement fund, and then transfers compensation and
resettlement fund according to the village bank account.
(ii) Village committee will report utilization situation of compensation and resettlement
fund to town and county Resettlement Arrangement Office every month. And county-level
Resettlement Arrangement Office reports to the municipal Resettlement Arrangement
Office every three months.
( ) Besides monitoring fund utilization situation of villageⅲ -level through report forms,
county and town project offices should inspect on site the development of agriculture
infrastructure or enterprises which use compensation or resettlement fund.
( ) External Monitor will verify the utilization situation of compensation and ⅳ
resettlement fund of village-level units, evaluate the using effect of fund, offer advice to
village-level units, and provide feedback monitoring to all-level project offices.
Investigations will include sampling survey, site inspection, and discussions with affected
individuals.
5.3.3 Auditing
The project implementation agencies will be audited by auditing authorities according
to our country’s formulations. The main content of auditing is land expropriation, housing
demolition and resident relocation fund.
5.4 Compensation rights and interests and resettlement policy matrix (See Table 14)
Table 14 Compensation rights and interests and resettlement policy matrix
Kinds of loss
Applicable object
Persons or villages enjoying the rights
Number of Persons or villages enjoying the rights and interests
Compensation policy Compensation rights and interests
Implementation item
29
Requisitioned land
Farm land of 218.4 mu
a) village collectives owning the land b) villagers using the land
100 households with 414 persons who lose land in Dianzhen Village and Jinfeng Village
a. Land acquisition resettlement and compensation fee paid to affected persons
Land loss of village and individual who own the original land ownership and right of land use involved in the full-refunds project
Village committee decides the usage of collective compensation fee and investment project; higher-level government examines, approves and supervises suggestions and demands of the villages, and provides aid for training.
Temporarily occupied land
Land for construction in or near the project area
Villagers using the land
Decided during the construction
Cash compensation shall be given according to the annual loss, maintaining the original life level of the APs at least
Full refunds shall be paid to villagers who lose the crops according to the standard
Villagers committee should inform the land user in advance and give corresponding compensation
Loss of residence/ property
Residence or property in the project area or were affected
Individual or household who lose building and houses or ground attachment
122 households, 515 persons
Cash compensation fee shall be paid to affected persons, including the compensation of house site and various houses based on recovery standard, ground attachment shall be compensated based on assessment value. Transition fee and removal fee for each household is CNY1,000 per person.
Cash compensation fee and resettlement house shall be given to the APs who lose houses/ buildings and other property.
Villages and the APs shall decide the location of new housing sites. The constructer is in charge of filling and leveling the housing construction sites and connecting them with the existing public facilities
Non-farmland loss
Non-farmland in the project area
Village collectives with land ownership
Dianzhen Village, Jinfeng Village
Cash compensation
Compensation to affected persons
Compensation based on the resettlement plan
Affected special facilities
All kinds of facilities in the project area
Owners of all kinds of facilities
Owners of all facilities
Full refunds according to market price
To get full refunds according to market price
Vulnerable groups
The aged, the weak, women, children the disabled the poor households, households without labor
Persons and households in accordance with vulnerable groups
25 households
1% resettlement budget shall be set as special recovery fund and spent on the implementation of the measures for the vulnerable groups, and assist the villages in helping the vulnerable groups
Priority to get project compensation and aid under the same condition
Aid from relevant government department
Leasing land
The leasing land which is used by the project in the project area
Dianzhen Village and villagers who use the land before
Dianzhen Village and Jinfeng Village, and 948 households with 3,780 persons who use the land
Except the compensation for the ground attachments and young plant, fixed dividend and profit dividend shall be provided to lands with shares to improve the life level of the APs.
After pooling of land, fixed dividend, profit dividend as well as priority to participate in project construction
Immediate implementation after approval of customs pass policy of the project
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shall be obtained
6. Resettlement and Economic Rehabilitation
The objective of the resettlement and rehabilitation plan is to guarantee the affected
infrastructure can be restored, the affected laborers can find job again, and the affected
persons’ incomes and living conditions can be improved or at least as well-off as they
would have been in the absence of the project.
6.1 Rehabilitation Planning Principles
(1) QNBG should compensate for the land the project has occupied according to
national laws.
(2) For the affected special-purpose facilities, QNBG should pay the fund, and the
township and county governments will help the Dianzhen village, to build new facilities; or
compensate according to replacement value after the legal house appraisal company
provides an assessment.
(3) For all the attached facilities, QNBG should compensate according to the market
or replacement value, whichever is larger. For the trees which can be transplanted, people
can transplant them in suitable season before the construction demolition begins.
(4) Based on willingness of the APs, land requisition compensation fee shall be given
to the APs directly with full amount. The compensation method is applicable to each stage
of the project; in case the new land acquisition is involved during the project construction,
then compensation fee shall be directly paid to the APs with full amount timely.
(5) Guide the affected individuals to join non-agricultural industry to raise their labor
income. During the project construction, guide the affected persons, especially the poor,
to provide labor service for construction and operation of the botanical gardens. When the
construction is completed, the working force in the project area has the priority to work for
this Project.
6.2 Housing resettlement method
In order to relocate the villagers affected by LA&R, and through discussion among the
Village Committee of Dianzhen and all the villagers, the New Dianzhen village was
decided to be built. The planned New Dianzhen village occupies 344.2 mu. The first stage
construction is 123.5 mu, relocating 914 persons of 217 households. The site of New
Dianzhen village is located 300m south of S107 Highway, and 400m east of Tianyu River.
The construction fund is from the infrastructure compensation by the project and the fund
of Shaanxi New Countryside Construction. The new village will be able to relocate all the
villagers affected by the project. The planned average residential land for each household
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is up to 180m2, which is 15% more than the current average residential land, that is,
150m2, at Dianzhen village. When the affected villagers resettle, they live closer together
than before, which is good for business. The new village is nearer to highway, school, and
clinic, so it is more convenient for transport, education and medical care. The living
conditions of relocated villagers improve a lot. For example, Lei Zhihua, a villager in
Group 10, Dianzhen village, with 7 other household members, lives in a 150 m2 brick and
concrete house. The house is in the middle of the mountain, so the life and
communication is not convenient. And the natural disaster makes the house unsafe. The
planned new houses have good infrastructure, convenient location and suitable space.
The new house of Lei’s will cost CNY140,000 and Lei will get house compensation and
attachment compensation of CNY110,000, together with compensation fee for housing
subsidiary facilities, totaling CNY150,000, so Lei can easily buy his new house. (see
Photo 1 and Photo 2).
At present, the main body of the relocation housing has been completed, but the
resettlement fee has not been paid for a long time. The work of LA&R has made no
progress for half a year. Now, Qinling Botanical Garden, Zhouzhi County Government,
and the Provincial PMO are busy coordinating and preparing for the fee. They plan to
make progress before March of 2015.
Photo 1 Main building for relocation at New Dianzhen Village
32
Photo 2 Zhao Zhengyong, secretary of Shaanxi CPC Committee, inspected the
construction of New Dianzhen Village, along with leaders of Xi’an
Photo 3 Current building at Dianzhen VillageFigure
33
2
6.3 Land resettlement
① The project acquires 218.4 mu land permanently. 414 persons of 100 households
are affected by land acquisition. The acquired land per capita is 0.5 mu, accounting for
30% of the original land per capita. According to Table 16, the average annual output
value of crops is 1,000 yuan in the affected area. The loss of 0.5 mu land will result in
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yearly loss of 500 yuan, accounting for 9% of the total income 5,142 yuan, the net income
per capita. Not taking bonus of land leasing and compensation into consideration, the
losses from land acquisition is not significant to the net income of the affected households.
After discussion with affected persons and villager representatives, the affected
villages decided not to adjust the land to the affected persons, but pay land compensation
to the affected persons in full amount. At present, the land compensation has been paid to
the affected persons via the bank by Zhouzhi County Project Office.
After the land acquisition was completed in 2013, the economic rehabilitation is being
carried out(see 5.2.3).All the affected households are formulating economic rehabilitation
plans and implementing the measures with the land compensation payments and
attracting support from the society and the implementing organ to recover and develop
local economy. The measures of economic rehabilitation plan and development plan
mainly include:
A. to strengthen the training of agricultural technology and to improve production skill
and quality of the working labor.
B. to organize the working force to work for the project to get more income. The local
people in the affected area can get 5000 yuan per capita a year in the way of planting
trees and nursing young trees (a male can get 50 yuan a day and a female can get 40
yuan a day, and they can work three months a year for the project).
C. to help relocated households to do the third industry to get more income.
D. to improve the reserved land to raise the output value.
E. to sell more agricultural product and sideline product to get more income.
F. through the above measures, to raise the affected persons’ living standard and
income.
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Table 15 Agricultural crop income in project area in 2013
Type Output (jin/mu)
Average price last 3 years (jin/mu)
Total income (Yuan/mu)
except labor cost (yuan/mu)
net income (yuan/mu)
labor cost (yuan/mu)
net income from crop including labor cost (yuan/mu)
crop wheat 600 0.66 396 200 196
356 CNY350 two crop seasons per year
6 corn 600 0.6 360 200 160
Rape 200 2 400 200 200 100 100 Chinese kiwifruit
4000 1 4000 1000 3000 1200 1800
Peach 3000 1.5 4500 1500 3000 1500 1500 apricot 2500 1 2500 800 1700 1000 700 Plum 2500 1 2500 1000 1500 1000 500 Cherry 400 4 1600 800 800 600 200 persimmon 2500 0.5 1250 300 950 500 450 Gardening 5000 2000 3000 1800 1200
7. ORGANIZATIONAL ARRANGEMENTS
7.1 Implementing agencies
7.1.1 In December 2001, Qinling National Botanical Garden was approved to be set up by
Shaanxi Provincial Government. Shaanxi Provincial People’s Government, National
Forest Bureau, Chinese Academy of Science and Xi’an Municipal People’s Government
named the original Qinling Botanical Garden as Qinling National Botanical Garden, which
is the project implementing agency and from then on, the staff began to work.
7.1.2 Forestry Department of Shaanxi Province, together with some relevant bureaus, set
up the Coordinating Committee of the Qinling National Botanical Garden Construction,
which is in charge of some important policy issues such as macro-control, project
implementation supervision, relationships coordination, construction planning, etc. of
Qinling National Botanical Garden.
7.1.3 The Development and Reform Committee of Shaanxi Province and the Foreign
Loan Office of Shaanxi Province are in charge of applying loan from ADB and grant fund
from GEF and to coordinate the implementation of the resettlement plan.
7.1.4 The implementation organ of the Project has set up Coordinating Committee of the
Qinling National Botanical Garden Construction Director’s Office (Resettlement
Arrangement Office). Their duty is as follows:
a. In charge of organizing and coordinating land acquisition and resettlement, and
signing agreement on compensation and acquisition and resettlement with Zhouzhi
County Land Acquisition and Resettlement Coordinating Directors, According to the
decisions by Coordinating Committee of the Qinling National Botanical Garden
Construction.
36
b. In charge of surveying the land acquisition, listening to the opinions of affected
people, accepting all kinds of complaints and requests, and dealing with them in time.
c. In charge of supervising and inspecting the payment and utilization of the
compensation of land acquisition and resettlement.
d. In charge of guiding the county, towns and villages to formulate an economic
recovery plan and exchange the experiences.
7.1.5 Zhouzhi County, the affected area, set up Zhouzhi County Land Acquisition and
Resettlement Coordinating Directors, consisting of a county leader, respectively 2 persons
from land administration, communication, city construction, and environment protection
departments, totally about 7 persons. The Coordinating Directors has set up an Office,
consisting of five persons.
The duty of Zhouzhi County Land Acquisition and Resettlement Coordinating
Directors and their Office is as follows:
a. In charge of checking the quantity of affected land, removed buildings,
special-purpose facilities and attached materials, based on Coordinating Committee of the
Qinling National Botanical Garden Construction Director’s Office’s task and demand.
b. In charge of assessing and formulating compensation standard of affected
special-purpose facilities.
c. In charge of signing land acquisition, demolition and resettlement agreement with
the affected units and persons;
d. In charge of paying compensation costs;
e. In charge of the concrete affairs of implementation of land acquisition, demolition
and resettlement, assuring the building of new houses and the timely progress of all
resettlement work;
f. In charge of surveying the land acquisition, listening to the opinions of affected
area and people, accepting all kinds of complaints and requests, and dealing with them in
time.
g. In charge of supervising and inspecting the usage of the compensation of land
acquisition and removing of the villages;
h In charge of guiding the town and village committees to formulate economy
recovery plan and checking and supervising
i. In charge of reporting the project process to Coordinating Committee of the
Qinling National Botanical Garden Construction Director’s Office (Resettlement
Arrangement Office), and handing in relevant statistical data in time.
7.1.6 Jixian Town Government
The duty of the government is to help implement land acquisition and resettlement; to
assist to work out the Land Acquisition, Relocation and Resettlement Plan and to organize
villagers to consult; to explain the resettlement policy; to help to get application and
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approval of land acquisition and resettlement; to deal with problems during
implementation; to assist to finish internal and external supervision; to assist
socio-economic survey in the affected area; to provide training of the working staff for land
acquisition and resettlement; to supervise the land acquisition and resettlement by village
committee; to work out the progress of implementation and submit it to Coordinating
Committee of the Qinling National Botanical Garden Construction Director’s Office.
7.1.7 Dianzhen Village Committee and Jinfeng Village Committee and all the villager
groups
Authorized by villagers’ convention, they are in charge of right use of resettlement
compensation and payment to the affected persons; to take part in the socio-economic
survey and project impact survey; assist to work out the Land Acquisition, Relocation and
Resettlement Plan; to organize the villagers to take part in the project and to explain the
relevant policies; to implement, check, supervise and record land acquisition and
resettlement activities in their village; to organize villagers to build new houses and help to
get building approval; to choose resettlement place and distribute housing land for
relocated households; to adjust land distribution and implement economic recovery; to
supervise land acquisition, housing and attached facilities demolishing and reconstruction;
to deal with grievances and appeals, to investigate and fulfill the relevant work; to help
relocated persons to solve all the problems during relocation; to report the progress in
land acquisition and resettlement; and to help vulnerable households to relocate.
Jixian Town Government, Dianzhen Village and Jingfeng Village should assign
special persons in charge of the land acquisition and resettlement, cooperate and take
part in the work of the land acquisition and resettlement, and implement the recovery plan
on behalf of town government and village committee.
7.2 Internal supervision agencies
Coordinating Committee of the Qinling National Botanical Garden Construction
Director’s Office sets up an internal supervision office for land acquisition and resettlement.
The office is at the Qinling National Botanical Garden, consisting of 3 persons. The duty of
the office is to guarantee all the land acquisition and resettlement officers can fulfill their
tasks, carry out the terms in Land Acquisition, Relocation and Resettlement Plan, and
guarantee all the affected persons can get their rights and interests.
The organization is shown in Table 16.
Table 16 Qinling National Botanical Garden Relocation Protection Project
– Land Acquisition, Demolition, Resettlement Organizations
Coordinating Committee of the Qinling National Botanical Garden Construction (Forestry Department
of Shaanxi Province) Asian Development Bank
External Supervising Organization (5 people)
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7.3 External monitoring agency
In order to complete the compensation for land acquisition and demolition well, the project
implementing agency employed Shaanxi Social Sciences Academy to conduct external
monitoring on the compensation for land acquisition and demolition, besides reinforcing
internal supervision after the Project is implemented.
7.4 Implementation Schedule
7.4.1 Overall progress of land acquisition and relocation
In October 2009, the project implementing agency submitted the land acquisition and
housing demolition and resettlement plan of plant ex-situ conservation project of Mt.
Qinling National Botanical Garden to ADB and won the official reply. In March 2010, the
implementation of land acquisition, demolition and relocation work began. Till December
2014, the land acquisition of the project was completed, totaling 218.4 mu for land
acquisition, which is cultivated land, including 130.4 mu of Dianzhen Village, and 88 mu of
Jinfeng Village. The land acquisition involves 100 households, with 414 people. The per
capita land acquisition is about 0.5 mu. It accounts for 30% of the original per capita land
coverage. The project plans to demolish 58,200 m2 of buildings, including brick-concrete
structure of 2,390 m2, brick-wood structure of 12,514 m2, brick-earth-wood structure of
25,743 m2, and earth-wood structure of 17,553 m2. Housing demolition affects 122
households and 515 people. Based on the compensation policy for land acquisition and
demolition, the basic expense is predicted to be RMB 49.815 million Yuan, including
compensation fees for land acquisition and resettlement of RMB 5.678 million Yuan,
compensation fees for housing demolition of RMB 14.404 million Yuan, and other
compensation fees for ground attachments and removal of RMB 29.733 million Yuan. Till
Five land acquisition and demolition personnel of Qinling National Botanical Garden Construction
Director’s Office (Resettlement Arrangement Office) Internal Supervising Organization (3 people)
Zhouzhi County Land Acquisition and Resettlement
Coordinating Directors and Their Offices
Jixian Town Land Acquisition Coordinators (2 people)
Dianzhen Village and Jinfeng Village Land Acquisition
Coordinators (2 people)
39
the end of December 2014, the project office paid all the compensation fees to villages
and persons affected by land acquisition based on the policy standard of relocation and
resettlement plan, totaling RMB 5.46 million Yuan. The compensation fee for housing
demolition is RMB 15.26 million Yuan and that for house and ground attachments is RMB
3.25 million Yuan, and the payment for special facilities is RMB 760,000 Yuan, totaling
RMB 24.73 million Yuan. Based on preliminary statistics, there are around RMB 11.78
million Yuan for compensation for the land acquisition and demolish not in place. The
compensation fee for land acquisition and demolition in the project faces a large gap. The
project implementing agency is actively preparing funds so as to make the project fully
funded before June 2015. The payment of the fees for land acquisition and demolition is
shown in Table 21.
Table 17
Statistical table of land acquisition and housing demolition fees of Mt. Qinling Project
(2014.12)
Land acquisition (RMB 10,000 Yuan)
Housing demolition(RMB 10,000 Yuan)
Ground attachments (RMB 10,000 Yuan)
Others (RMB 10,000 Yuan)
Total (RMB 10,000 Yuan)
Planned 567.8 1440.4 2189.4 783.9 4981.5 Actual 546 1526 325 76 2473
Completion Completed Completed Not completed Not completed
Vacancy RMB 11.78 million Yuan
Due to lack of fund for resettlement, the main work of house construction for
settlement was basically completed in December 2013, but the infrastructure construction
of three supplies and one leveling has not completed yet. The construction progress was
basically in a dead state after the end of 2013. Thus, villagers still live in their original
house and do not remove at present.
7.4.2 Economic rehabilitation and development
Since the land acquisition and demolition of the project was implemented in March
2010, the land acquisition has resulted in the fact that the life in the project implementation
area is affected inevitably to a certain degree, but the effect is a little. The project has land
acquisition of 218.4 mu, involving 100 households and 414 people. Per capita land
acquisition is about 0.5 mu. The original per capita land coverage is 30. In accordance
with the table 8, the project affected area has the average annual income from land crops
is RMB 1,000 Yuan, and 0.5 mu land faces a loss of around RMB 500 Yuan each year,
accounting for about 9% of per capita net income RMB 5,142 Yuan in local village. Thus,
land acquisition of the project exerts a little impact on the actual net income of affected
persons, even without the consideration of income of shareholder farmers from land right
to use and land compensation factors. In order to enable affected persons of land
acquisition to develop production and recover their livelihood as soon as possible, the
40
project implementing agency and all villages adopt the following measures:
1. After the representative conference of affected persons and villagers was hold,
all villages made full payment of land acquisition compensation to affected persons.
The conflicts from complicated land re-adjustment and the time impact of delay were
reduced. After they obtained the land compensation fees, the affected persons can
directly use the land acquisition fees to become a shareholder for dividend based on
their own willingness, or get engaged in investment of other aspects. At present, the
land compensation fees have been paid to the affected persons directly by Zhouzhi
County Project Coordination Office through banks.
2. The project construction has been conducted by stages all the time, the local
masses participated in various plant conservation and recovery in the garden through the
form of labor force, such as management and protection of weeding, insecticide spraying,
watering, etc. in the special gardens as well as the layout and construction of garden
landscape engineering. From the end of 2010 to the end of 2014, the expense of this
category was RMB 9.50 million Yuan, and in 2014, the expense reached RMB 2.70 million
Yuan. Thus, the beneficial masses of the work amounted to 1,800 people. After four years
of project implementation, the annual per capita income increased is RMB 1,319 Yuan.
The input of the above capital provides local masses with more job opportunities, which,
to a large extent, guarantees the economic income of local masses, and improves their
livelihood.
3.The implementation of relocation conservation project of Mt. Qinling National
Botanical Garden will use land of 3,963.4 mu in total, including 218.4 mu for land
acquisition. The right to use other land can be obtained through share buying by the
farmers of the project implementation area based on their willingness, totaling at 3,745.87
mu. The usage and compensation of land of shareholder farmers are two parts: one is
fixed dividend, and the other is benefit dividend. Based on the shareholder dividend
agreement, the cultivated land has the annual fixed dividend of RMB 400 Yuan/mu. In
2014, the project- affected villages had 3,745.87 mu land, the users of which enjoy
dividend through the right to use. The project implementing agency paid RMB 5.80 million
Yuan of dividend for land in total in 2014.
Since the project fails to conduct commercial operation, no operating revenue is
produced, and the land efficiency dividend has not been implemented till now yet.
7.4..3 Land acquisition, demolition and resettlement plan of the project in short term
To protect the legal rights and interests of relocated people and guarantee
resettlement quality is the common principle of relevant Chinese policies and regulations
and the resettlement policy of ADB. Currently, the project has conducted land acquisition
and demolition and resettlement work by focusing on the content of the resettlement plan
41
of the project and implemented it through land acquisition and housing demolition
agencies and affected villages (groups) as well as affected persons. However, since the
domestic funds have not been in place in time all the time, the compensation fee for land
acquisition and demolition faces a large gap. For this, the project implementing agency
has submitted application to the competent departments of Xi’an Municipal People’s
Government and Zhouzhi County People’s Government for many times. It is said that
Deputy Mayor of Xi’an City and Xi’an Bureau of Finance have started the work. It is
believed to see a solution in a short time.
In the past, the project took the document of Zhouzhi County People’s Government
(Zhou Zheng Zi (2007) No.26) as the compensation standard of the project. Along with the
social development change, till 2014, Zhouzhi County People’s Government began to
modify the document for further improving the compensation standard, which undoubtedly
has lowered the removal difficulty of the garden in future.
These progresses have enabled affected persons of the project to give great
expectation and support to the project, which provides social supporting conditions for the
smooth implementation of the project.
8. Public Participation
8.1 Consultation and Public Participation Process
According to the requirement of the RP and ADB, all the stages of the project
implementation should include public participation of the affected persons. So, at the
preparation stage of the project, the affected villages set up the project coordinating
groups, the 3---5 members of which are the local persons such as village leaders,
women representatives and representatives of the vulnerable group. The duty of the
group is as follows: a. to select the vulnerable group; b. to organize the villagers to join in
the construction of the project; c. to support the monitoring in their own community; d. to
take part in baseline survey; 5. to put forward suggestion for the compensation and
resettlement of the project; 6. to call for villagers to support the construction of the
project.
According to the survey, all the project-affected villages have established the project
coordination groups, which are well functioning, personnel in place, job enrichment, and
can reflect the requirement of the project, namely, participation. Except the policies of land
compensation, other important issues are decided after the discussion between the
project coordination groups and the villagers, which is so helpful for the implementation of
the project. For example, under the arrangement of the coordination groups, after the
implementation of the project, the affected villagers invested force labor for 500 persons
/180 days and got labor income of 450000 yuan, that is 9000 yuan per capita, which
expanded the affected people’s income sources.
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Other public participation plans and activities are at Table 18.
Table 18 Information disclosure and negotiation of Mt. Qinling Botanical Garden
item time content participant organizer
1 2009 8-2009 12 Project impact Staff for resettlement, village, group, affected persons
Garden, county PPO
2 2010 2-2010 6 Process of LA&R Garden、county PPO、group, affected persons
Garden, county PPO
3 2011 3-2011 5 Labor force Garden, village coordination group and affected persons
Garden
4 2012 3-2013 5 Labor force Garden, village coordination group and affected persons
Garden
5 2011 5-2013 7
New village construction, resettlement policy
Garden、county coordination office, village, group, affected persons, experts
Garden, county PPO
8.2 Grievance Redress Mechanism
In order to protect the affected individual’s interest, if anyone feel dissatisfied about
the allocation work, he or she may make complaint and appeal to project offices at
correspondent levels, further, he or she may take judicial proceedings to the People’s
Count of county or municipal level.
1、Agencies transacting complaint and appeals and the appeal transaction agencies
Agencies transacting complaint and appeals are: Construction and Coordination
Commission of Mt. Qinling National Botanical Garden and affiliated Construction and
Coordination Office of Mt. Qinling National Botanical Garden, the Project Construction of
the County, Coordination and Guidance Group and Project Office, People’s Government
of the town and the Dianzhen Village Committee.
The appeal transaction agencies are People’s Count of the County and the Municipal
Intermediate People’s Count. The appeal transaction agencies and procedures are listed
as follows:
Table 19 Appeal and lawsuit agencies and procedure
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2、The reason of complaint and claim.
(ⅰ)Complaint caused by land ,housing and other facilities compensation.
(ⅱ) Complaint caused by unsuitable dealing in the process of demolition or forcing
the price down on purpose.
(ⅲ) Complaint that the compensate standard is too low
(ⅳ) Complaint that the project construction damages others’ benefit.
(ⅴ)Complaint that the staff damage the affected enterprises or individuals’
interest or damage others benefit.
(ⅵ)Complaint that the affected individuals think the compensation standard is lower
than the replacement value .
3、The procedure of claim
(ⅰ)If the resident complains about land acquisition, housing demolition and
resident resettlement work, first, they can tell it to the village committee in written form or
orally, and ask for a solution or response. If the problem cannot be solved, the county
(district) project office should coordinate and resolve. If the resident doesn’t receive any
response in three weeks or is not satisfied, he/she can claim to the project management
office at higher level in written form.
(ⅱ)The project management office at upper level should solve in three weeks after
City’s Intermediate
People’s Court
Zhouzhi County
People’s Court
Qinling National
Botanical Gardens (QNBG)
Construction Coordinating
Offices and Other Offices
County Project Office
Dianzhen Village Committee affected individuals
44
receiving claims from the affected individuals. If the problem is not solved in three weeks
or the affected individuals are not satisfied, they can make a lawsuit to county (district)
people’s court according to legal procedure.
(ⅲ ) If the affected individuals are not satisfied with the judgment made by
county(district ) people’s court, they can appeal to the city intermediate people’s court.
The judgment made by the intermediate people’s court is final; the affected individuals
must obey the judgment.
9. Budget
9.1 Total cost
The land acquisition, housing demolition and resident resettlement compensation is a
part of the total investment of the project construction and is included in the project annual
investment plan. The total resettlement cost is CNY133.11 million, among which, the
basic cost is CNY49.81 million. (See Table 21)
The villagers in the project area will lease 3,745.87 mu of land to QNBG, for which
they get dividends. The fixed dividends, as actual expenses on the construction of the
project, should be included in construction cost of the project. Therefore the total
expenditure should be CNY 68.057 million.
9.2 Fund process
Land acquisition, relocation compensation cost shall be paid directly to village
committee and affected individual by the County Project Office through the Bank and the
Project Office of affected County People’s Government.
9.3 Approval of added cost
QNBG has the right to use the contingency cost in the budget. For the physical and
price contingencies, Shaanxi Province Development and Reform Committee and Shaanxi
Province Using Overseas Loan Office should report it to the National Development and
Reform Committee and Ministry of Finance, and after their approval, they will be added to
the budget. The procedure will be no more than one month. See Table 20. The details of
the resettlement budget are shown in Table 21.
Table 20 Compensation fund process of land acquisition, housing demolition
and resident resettlement
The Foreign Loan Supporting Project Management Office of Shaanxi Province (Financial Department)
Qinling National Botanical Garden (QNBG)
Bank
County Project Office
45
Table 21 Land Acquisition and Resettlement Budget
(CNY)
Item Total complete A. Basic cost 49,814,957 unfinished 1. Land compensation (combination of land compensation and resettlement subsidies)
5,678,400 finished
2. Compensation for housing and attachment demolition 14,403,620 finished 2.1 Brick-concrete structure 909,840 2.2 Brick-wood structure 3,854,400 2.3 Brick-earth-wood structure 6,198,880 2.4 Earth-wood structure 3,440,500 3. Young crop compensation (3,963.4mu)
4,359,740 unfinished
4. Ground attachments – see Table 5 1,893,697
unfinished
5. House relocation subsidy 122,000 unfinished 6. Compensation for village infrastructure and special
facilities 3,357,500 unfinished
B. Training costs 100,000 unfinished C. Economy recovery compensation for vulnerable groups
200,000 unfinished
D. Fixed dividend for leased land with shares (2008-2058)
68,057,100 Finished (2010-2014)
E. Plan making and management costs 3,099,823 unfinished 1. Management cost (2.5% of basic cost) 1,245,374 unfinished 2. Handling cost (3% of basic cost) 1,494,449 unfinished 3. Monitoring and evaluation cost 280,000 unfinished 4. Plan making 80,000 finished F. Taxes and fees 4,369,091 finished 1. Soil erosion compensation 218,400 2. Land reclamation cost 1,456,072 3. Farmland compensation fee 655,200 4. Land use fees for new buildings 2,039,419 G. Costs for unexpected items 7,472,244 unfinished 1. Increased cost (5% of basic costs) 2,490,748 2. Contingency cost (10% of basic costs) 4,981,496 Total 133,113,215 unfinished Note: The standard of the supervision fee and working-out fee is based on “Notice on the
Fee of Environment Influence Consulting by the Committee of Plan and Development of
China and General Bureau of Environment Protection of China” (Ji Jia Ge [2002] No.125).
Villagers Committee (land compensation fee)
Villagers (houses, trees and other personal property)
Relevant units (compensation fees for various facilities)
46
10. MONITORING AND EVALUATION
In order to guarantee the smooth process of the land acquisition, housing demolition
and resident resettlement compensation, there are two kinds of supervision carried out
simultaneously by two independent organizations in different ways: the first, an internal
supervision system by the government to monitor according to RP terms in the angle of
administrative management; and the second, an external monitoring and evaluation
system by sociologists to assess whether resettlement objectives have been met.
10.1 The internal supervision
(1)The contents of the internal supervision
The contents of the internal supervision consist of two aspects: (i)the supervision to
the relevant area administrative management department, including project management
organization of county and village government; and (ⅱ) the supervision to the
compensation for the affected individuals according to RP terms.
The basic contents of the work:
a. If resident resettlement is carried out according to RP terms
b. If the affected individuals get enough compensation according to the formulations.
c. If more job opportunities are provided to the local residents taking advantage of the
project implementation.
d. If the affected individuals are satisfied with the new land for housing
e. If the affected individuals are satisfied with the compensation program.
f. If the living condition of the affected individuals are safe and proper
g. If the affected individuals get the redistributed land according to relevant regulation
h. If the effected individuals, who lose land, are satisfied with the quantity and quality
of redistributed land, living condition and production condition.
i. If the affected individuals are satisfied with their income change and rehabilitation
situation after land acquisition.
j. If the affected individuals are satisfied with the project staff’s working method,
attitude and effect.
k. If the information, notification, consultation and coordination are given to the
effected individuals according to the formulations.
l. If the expense is recorded in written form, especially the description of the cause of
overspending and resource of supplement.
m. If the effected individuals are permitted to appeal according to the formulations.
n. If the effected individuals or enterprises and satisfied with the results that some
staff get punishment because of their possible activities against the law.
o. If the implementation activities are completed in time which should be completed a
month before the project begins.
47
(2)The method of internal supervision
Different contents of supervision is carried out in different ways. The local project
management organization should provide all kinds of data about land acquisition, housing
demolition and resident resettlement compensation:
(i)According to some quantified data such as land area, compensation standard,
compensation amount, resident’s income, questionnaire survey is adopted and the
sample households should not be lower than 20% of relocated households and 10% of
the total affected households. The obtained data of the sample households should be
restored for the purpose that it can be compared with a new one.
(ii)For some qualitative data such as resident’s opinions, attitude, complaints and
activities, the random interview or focused group discussions can also be used for
supervision. The ways of asking questions should be scientific.
(3)The implementation of the internal supervision
According to land acquisition, housing demolition and resident resettlement
compensation program, the internal supervision is at both the preparation stage and
implementation stage.
(4)The responsibilities of supervision agencies
(i)The supervision agencies should investigate the compensation standard,
compensation amount and scope carried out by the implementation organ, and the right to
assess, investigate and supervise the finished work or finishing work done by county-level
project organs
(ii)The supervision agencies should report or rectify the quantity, unit, and slope
which doesn’t accord with the formulations. Furthermore, the supervision organ also has
the right to announce to the pubic what is not correct after rectifying.
(iii)The supervision agencies should report and to help deal with some fierce
problems put forward by effected individuals or enterprises or announce it to the public.
(iv)The supervision agencies should prosecute to the local judicial office, if any staff
member hurt any individual’s or enterprise’s benefit taking advantage of his power.
(v)The supervision agencies should announce any incident which has been dealt
with but didn’t get enough effect and to prosecute again any activities against the law
which doesn’t get concerning punishment.
(5)Procedure and demand of supervision agencies
The supervision agencies should combine the responsibility to the government with
the responsibility to the affected individuals. They should summarize experiences and
lessons, and make a work record(log). The supervision agencies can have a meeting at
regular or irregular intervals and report relevant circumstances. Each season, the
supervision organ should give a written report to the project implementation organization
48
about the supervision work and dealing with the supervised incidents. Every three months,
a brief progress report of all the Project supervision work should be submitted to ADB;
summary of progress on resettlement should be included as applicable.
The county-level project management organ should collect supervision data from the
town (village)-level office and the monthly sample investigation. These data should
contain both household level and village level data. The collected data of every relevant
individual/household should be stored electronically and revised after every supervision
investigation.
The internal supervision report will be discussed in every regular meeting of the
project implementation organ.
10.2 The external monitoring and evaluation
In order to do the land acquisition, housing demolition and resident resettlement
compensation well, the project needs not only internal but also external supervision by a
qualified and independent monitor. The implementation organ will invite famous social
consultant organ to carry out independent external monitoring on the compensation of
land and relocation in order to fulfill the ADB’s policy thoroughly and correctly. The
supervision outline is as follows:
RP (Resettlement Plan) Monitoring and Evaluation Outline
Shaanxi Province Using Overseas Loan Project Office will engage famous social
consultant organ to undertake independent and fair monitoring and evaluation of the
process of land acquisition, housing demolition, compensation, residential relocation and
economic rehabilitation, in order to fulfill the ADB’s policy thoroughly and correctly.
(1)The contents of monitoring and evaluation
1)To check if the land acquisition, housing demolition, compensation and residential
relocation and economic rehabilitation is carried out according to RP terms.
2)To ensure if the activities are completed that should be completed before the
construction.
3)To determine the general target of land acquisition, housing demolition and
resident resettlement compensation and implementation degree of RP.
4)To determine if the compensation amount matches the property loss and whether
the affected individuals can resume their original income levels.
5)To determine how satisfied the affected individuals are with the land acquisition,
housing demolition, compensation, residential relocation, economic rehabilitation and
living conditions.
6) Satisfaction degree of affected individuals about land acquisition and resettlement
and quality and quantity of redistribution land.
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7)Satisfaction degree of affected individuals about location of resettlement and
difference of environment with the original location.
8)Satisfaction degree of affected individuals about compensation standard and
method of dismantled houses, buildings, ground attachment.
9)Satisfaction degree of affected individuals about subsidy standard and amount in
resettlement.
10)In the course of acquisition and resettlement, whether correlative institution and
local government consult fully with and assist affected individuals and whether any
forced/rushed dismantling and resettlement happened.
11)Supervision on fund flow of land acquisition and resettlement.
(2)Measures of supervision
1)To inspect in the land acquisition, housing demolition, compensation, residential
resettlement and economic rehabilitation progress and listen to review reports prepared
by the local project implementation organs.
2) As soon as the land acquisition and relocation begin, the Baseline Survey on the
affected area starts at the same time. The supervision number will be not lower than 10%
of the total households at Dianzhen Village.
3)The survey measures to the affected individuals are based on sampling and tracer
surveys. Mainly, the on-the-spot survey measure is adopted. To set up files of affected
villages and sample households. To collect data in regular interval and set up tracer card.
The sample survey should cover 20% of relocated households and no less than 10% of
the total affected households.
4) Random sample survey in regular and irregular intervals: mainly adopt symposium
and official household visit to understand the affected individuals’ problems and the
causes in the process of land acquisition, housing demolition and resident resettlement
compensation and understand the real information.
(3)Schedule of External Monitoring, Evaluation and Reporting
The external monitoring will begin as soon as the Project starts and will complete
when the Project finishes and a total evaluation of the external monitoring is handed in.
1)External Monitor will first conduct the Baseline Survey and prepare a report for
submission to QNBG and ADB.
External Monitor will monitor resettlement implementation to assess whether the
principles and proposed plans for land acquisition, housing demolition, compensation,
residential resettlement and economic rehabilitation are adequate, and will propose
recommended actions to rectify or improve implementation. This will be based on survey
and discussions with the affected individuals.
2 ) After the first supervision survey and from the first year of the project
50
implementation, External Monitor will conduct investigations and survey every six months
during peak time of resettlement implementation; thereafter, evaluations will be conducted
once each year.
------Inspect and supervise the realization of the previous issues, recommended
actions and follow-up on the results.
------Carry on according to all the terms of this supervision outline.
3)If the supervision agencies think it is necessary, External Monitor can inspect and
survey more frequently.
4)The external supervision agencies should record every supervision activity in detail
and prepare a written report for submission to QNBG and ADB. The contents in the report
should include the experiences in the land acquisition, housing demolition compensation,
residential resettlement, economic rehabilitation, living conditions, and the existing or
remaining problems. The executive organ should find way to solve the existing problems
to improve their work after they receive the report.
5)After resettlement is completed, External Monitor should prepare a complete,
correct, detailed and objective completion report. Then, the company should discuss and
exchange ideas with QNBG; External Monitor should then finalize and submit the report to
ADB and prompt the construction organ to address any remaining problems.
51
Appendix : Notice by Xi’an Municipal People’s Government on Relocated People’s
Resettlement and Compensation Standard of QNBG Phase I and Other Problems
附件:西安市人民政府关于秦岭国家植物园项目一期移民搬迁安
置及补偿标准等有关问题的通知
来源: 西安市人民政府; 出自:西安市人民政府公报2010年第6期
秦岭国家植物园是省政府、国家林业局、中国科学院和市政府确定的生态建设项目。为了确保项目顺
利 实 施 , 现 将 秦 岭 国 家 植 物 园 一 期 移 民 搬 迁 安 置 和 补 偿 标 准 等 有 关 问 题 通 知 如 下 :
一 、 搬 迁 范 围
秦岭国家植物园建设移民搬迁涉及8个行政村25个村民小组979户4656人。其中,迁地保护区涉及搬迁2
个行政村13个村民小组,650户2730人;就地保护区,涉及搬迁6个行政村,329户1926人。
按照轻重缓急的原则,计划一期搬迁388户1582人,涉及到殿镇村5个组(一、八、九、十、十一组),
199户833人,涉及金凤村两个组(一、三组),151户594人,涉及田峪山区6个村38户155人。
二 、 安 置 范 围
规划建设金凤新村(金凤新村总规划466.5亩,其中一期占地100.5亩,安置171户,668人)和殿镇新村
(殿镇新村总规划344.2亩,其中一期占地123.5亩,安置217户,914人)两个安置点。金凤新村位于107
省 道 K117+000 公 里 处 路 北 ; 殿 镇 新 村 地 处 S107 省 道 南 约 300 米 , 田 峪 河 东 400 米 。
三 、 征 地 补 偿
秦 岭 国 家 植 物 园 建 设 土 地 征 用 补 偿 费 、 补 助 费 执 行 以 下 标 准 :
( 一 ) 土 地 补 偿 和 补 助 费 : 2.6 万 元 / 亩 。
( 二 ) 青 苗 补 偿 费 : 夏 季 530 元 / 亩 , 秋 季 570 元 / 亩 。
( 三 ) 社 保 资 金 : 1.6 万 元 / 亩 。
四 、 拆 迁 安 置
( 一 ) 调 查 摸 底
在拆迁前应对秦岭国家植物园建设拆迁范围内的建筑物面积、结构、类型,土地面积、类型,附着物及
52
种 植 物 的 种 类 、 数 量 的 进 行 调 查 摸 底 。
( 二 ) 拆 迁 时 限 及 方 式
拆迁时限按照拆迁公告和拆迁协议执行;本次拆迁采取自拆、自行过渡的方式,过渡期限为6个月。
( 三 ) 新 村 建 设 方 式
按照“统一规划、统一设计、统一安置”的原则,采取自建与统建相结合,以自建为主的方式规划建设
新村。新村的水、电、路、照明、绿化工程等公共设施由拆迁人统一规划建设;新村住宅房由设计单位
统 一 设 计 , 安 置 户 按 照 其 选 择 的 住 宅 建 设 方 案 自 行 建 设 。
( 四 ) 拆 迁 、 安 置 相 关 补 助 及 奖 励
1.拆迁工程费补助:凡在拆迁协议规定期限内自行拆迁的,经验收合格后,给予拆迁工程费补助,补助
标 准 为 评 估 补 偿 价 的 3% 。
2.移民搬迁补助:按照两个“5+1”移民搬迁补助标准(即按照每搬迁一人补助1000元,每户补助5000
元 ) 进 行 补 助 , 每 户 约 1.8 万 元 。
3.建房施工补助:为加快搬迁进程和新村建设进度,并保证新村建设按照规划设计统一实施,确保搬迁
户在新村的居住条件不低于老村居住水平,综合考虑群众建新房承受能力,每户补助建房施工费1.4万元。
4.拆迁过渡补偿:拆迁过渡期限为6个月,过渡费按人计算,每人每月60元,核算到户。
5.搬迁(含回迁)补助:按户计算,每户补助300元。未按拆迁协议规定搬迁、回迁的,不支付搬迁、
回 迁 补 助 费 。
6.对于个别补偿补助后仍无建房能力的特困户,经民政部门核实后按有关政策予以资助。
7.拆迁奖励:自评估结果出台后,3日内能签字并开始动迁的,奖励评估补偿价的3%;按拆迁协议时限
要 求 拆 迁 完 毕 并 经 验 收 合 格 的 , 奖 励 评 估 补 偿 价 的 4% 。
五 、 建 筑 物 、 构 筑 物 及 地 面 附 着 物 补 偿 标 准
( 一 ) 建 筑 物 补 偿 基 准 价
在建筑物实际补偿执行中,实际补偿价=建筑物面积×建筑物补偿基准价×建筑物成新度,房屋装修部分
另 行 评 估 确 定 。
1.砖混结构分为四个等级:一级每平方米680元,二级每平方米660元,三级每平方米640元,四级每平
53
方 米 620 元 。
2.砖木结构分为三个等级:一级每平方米550元,二级每平方米530元,三级每平方米510元。
3.砖土木结构分为三个等级:一级每平方米430元,二级每平方米410元,三级每平方米390元。
4.土木结构分为三个等级:一级每平方米350元,二级每平方米330元,三级每平方米310元。
5 . 简 易 房 划 分 为 两 个 等 级 : 一 级 每 平 方 米 100 元 , 二 级 每 平 方 米 80 元 。
6 . 棚 舍 及 畜 禽 栏 舍 : 每 平 方 米 25 元 。
( 二 ) 附 属 建 筑 物 补 偿 标 准
砖混结构门楼1000元/个,砖木结构门楼600元/个,简易结构门楼300元/个;户外厕所200元/座;土围墙
20元/㎡,240砖围墙45元/㎡,120砖墙25元/㎡(粉刷每平方米补偿10元);土灶台200元/个,水泥灶台
100元/米,砖锅头300元/个;土炕300元/个,楼板炕500元/个;手压井200元/眼,单头水龙头 20元/个,
单 头 含 池 水 龙 头 100 元 / 个 ; 砖 铺 地 面 10 元 / ㎡ , 水 泥 地 面 厚 10 ㎝ 以 上 20 元 / ㎡ 。
( 三 ) 坟 地 迁 移 费
3年以内新坟墓(含3年),每个坟头按500元标准补偿;3年以上的老坟墓,每个坟墓按300元标准补偿。
( 四 ) 水 利 设 施 补 偿
喷灌设施,每亩按500元标准补偿;水泥“U”渠,“D80”80元/米、“D60”60元/米、“D40”40元/
米;水泥砌石渠,护坡240元/立方米,护底214元/立方米;深水井,每眼(100米以上)按10万元标准补
偿;水泥管每米 30—50 元;水泵按购置价折旧补偿;井房,按每座 5000 元标准补偿。
( 五 ) 电 力 设 施 补 偿
变压器每台搬迁费按2000元标准补偿;配电房按每平方米150—200元补偿;农业用电线路,每米按10
元 标 准 补 偿 。
( 六 ) 林 木 苗 木 补 偿
按 照 秦 岭 国 家 植 物 园 地 面 附 着 物 补 偿 参 考 标 准 据 实 补 偿 ( 见 附 表 ) 。
( 七 ) 其 它 补 偿
产权合法的建筑物构筑物按照评估补偿标准进行补偿;对因多年禁建房形成的危房和婚嫁住房紧张等现
54
实情况造成的违章建筑,按评估补偿价的80%给予补偿,其余的违章建筑一律不予补偿;国家出资建设
的 水 利 、 电 力 等 设 施 不 予 补 偿 , 但 拟 建 的 新 村 范 围 内 群 众 自 筹 部 分 予 以 补 助 。
六 、 组 织 实 施
( 一 ) 组 织 实 施 机 构
在周至县秦岭国家植物园建设协调领导小组的统一领导下,由集贤镇人民政府负责组织实施移民搬迁和
新 村 建 设 工 作 。
( 二 ) 搬 迁 实 施 步 骤 及 时 间 安 排
1.2010年3月前完成补偿清理新村安置点地面附着物、新村道路建设和水电配套工作。其中:(1)出
村路:殿镇新村出村路1.0公里,金凤新村出村路0.5公里,共计1.5公里。(2)街道:总长度9070.00米,
面积94098.00平方米。①金凤新村街道长度5240米,面积63522平方米。②殿镇新村街道长度3830米,
面积30576平方米。(3)两个新村布设低压线,实施部分饮水工程,完善主街道排水渠5公里。
2 . 2010 年 底 前 完 成 拆 迁 和 安 置 建 房 工 作 。
(三)对于秦岭国家植物园建设环境保障协调工作机构所需的管理协调费等费用,按移民搬迁安置费的
6% 包 干 使 用 。
(四)秦岭国家植物园新村搬迁征地应缴的耕地开垦费、新增建设用地有偿使用费、耕地占用费、重点
水 利 建 设 专 项 基 金 等 税 费 按 照 国 家 有 关 规 定 缴 纳 。
(五)凡属拆迁范围内的一切建筑物、设施、树木、苗木等附着物,由所有人在限定时间内拆除清理,
不得借故拖延。对于无理阻拦和扰乱施工的,由公安机关按《治安管理处罚法》的有关规定严肃处理,
构成犯罪的,移送司法机关依法追究其刑事责任。
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