Construction Project of Roads and Pipe Network at Lilou Road and East Road of Feng’an of Longzihu District of Bengbu City
Due Diligence Report on
Resettlement of Displaced Residents
(2ndRevision)
Center for Displaced Resident Studies
Hohai University, Nanjing, Jiangsu, China
Nov.2011
Duediligence institution: / Center for Displaced Resident Studies of Hohai UniversityDuediligence chief: / Chen Shaojun
Duediligence personnel: / Chen Shaojun,Cai Mengshengand Zhang Xuan
Complied by: / Zhang Xuan andCai Mengsheng
Address: / Hohai University, No.1 Xikang Road, Nanjing, Jiangsu Province
Post code: / 210098
Telephone: / 0086－25－83786503
Fax: / 0086－25－83718914
Email: /
Web: /
CONTENT
1Project Overview………………………………………………………………………………5
1.1Project background……………………………………………………………………….5
1.2Brief Information about land acquisition, house clearing, and resettlement of displaced residents………………………………………………………………………………….6
1.3Due diligence investigation on resettlement of displaced residents……………………8
1.3.1Purpose for this due diligence investigation…………………………………8
1.3.2Methods for due diligence investigation………………………………………8
1.3.3Contents of due diligence investigation………………………………………9
2Organization Framework……………………………………………………………………10
2.1Implementation institutions………………………………………………………….10
2.2Working procedure…………………………………………………………….11
2.3Capabilities of project resettlement institutions……………………………………11
2.4Evaluation………………………………………………………………………………12
3Legal Framework and Policies for Displaced Residents……………………………………13
3.1Legal bases……………………………………………………………………………13
3.2Land acquisition policies and standards for this project………………………………13
3.2.1Compensation policies and standards for land acquisition…………………….13
3.3Preferential policies for disadvantaged cohorts………………………………………14
3.4Policies for security of aged peasants whose land are acquired………………………14
3.5Evaluations………………………………………………………………………15
4Review of land acquisition, house clearing and resident resettlement………………………16
4.1Permanently acquired (occupied) land…………………………………...16
4.1.1Analyses of land acquisition impacts………………………………………….17
4.1.2Compensation standard………………………………………………………..17
4.1.3Review over implementation of land acquisition, house clearing and resettlement………………………………………………………17
4.1.4Results………………………………………………………………………....17
4.2Non-residential house clearing…………………………………………………………18
4.2.1Affect analyses………………………………………………………………..18
4.2.2Compensation standard………………………………………………………18
4.2.3Review……………………………………………………………………18
4.2.4Results…………………………………………………………………….19
4.3Affects on infrastructure and its recovery……………………………………………19
4.4Disadvantaged cohorts affected………………………………………………………19
4.5Total cost for resettlement of displaced residents……………………………………21
4.5.1Cost for displaced residents……………………………………………………21
4.5.2Payment procedure………………………………………………………….21
5Public Participation and Complaints………………………………………………………23
5.1Public participation…………………………………………………………………..23
5.2Complaints……………………………………………………………………….23
5.3Evaluations……………………………………………………………………..24
6Survey on satisfaction of displaced residents………………………………………………25
6.1Satisfaction analyses……………………………………………………………….25
6.2Interviews…………………………………………………………………………….28
6.3Evaluation………………………………………………………………………..30
7Basic conditions of displaced households and analyses…………………………………30
7.1Survey on basic conditions of displaced households…………………………………30
7.2Survey methods…………………………………………………………………..30
7.3Distribution of family population and ages……………………………………………31
7.4Incomes and expenses of displaced residents………………………………………33
7.4.1Income composition of displaced residents…………………………………36
7.4.2Expenses of displaced residents……………………………………………….37
7.5Evaluations…………………………………………………………………….38
8Discoveries and Proposals……………………………………………………………………38
Attachment………………………………………………………………………………………..41
Form Content
Table 11 List of Project Compositions……………………………………………………………6
Table 12 List of Basic Information about Land Acquisition, House Clearing, and Resettlement Of Displaced Residents…………………………………………………………………………….7
Table 21 Project Resident Resettlement Institutions……………………………………………13
Table 41 Information about acquisition of collectively owned land for road construction…..18
Table 42 Comparison of Policy-Specified Compensation Standard with Actual Compensation Standard for Collectively Owned Land……………………………………………………………19
Table 43 various compensations for all sub-items during acquisition of collectively owned rural land……………………………………………………………………………………………..20
Table 44 Names of Disadvantaged People……………………………………………………24
Table 45Compensation cost for displaced residents…………………………………………25
Table 61 Summary Results of Questionnaire Surveys on Satisfaction of Displaced Residents…31
Table 71 Distribution of Family Population and Ages…………………………………………..36
Table 72 Annual Incomes and Expenses of Sampled Households………………………………39
Figure Content
Sketch 11 Locations of Sub-Projects…………………………………………………………….6
Diagram 21 Project Hierarchy…………………………………………………………………12
Picture 41 Farm Image before Relocation………………………………………………………..23
Diagram 42 Compensation Payment Procedure for Land Acquisition, House Clearing and Resident Resettlement……………………………………………………………………………26
Picture 61 Interview Site…………………………………………………………………………35
Chart 71 Per Capita Incomes and Expenses in 2010………………………………………39
Figure 72 Composition of Average Household Incomes………………………………………42
Figure 73 Compositions of Average Household Expenses in 2010……………………………43
Figure 74 Composition of Average Household Production Expenses in 2010………………….43
Attachment
Attachment1LandUsePermitforConstructionofSupportingInfrastructureforWestStationofRapidTransitRailway…………………………………………………………………………..41
Attachment 2 Permit for Selected Site for ConstructionProject of Lilou Road…………………41
Attachment 3 Permit for Selected Site for ConstructionProject of East Road of Feng’an……….42
Attachment 4 Agreement on Mingzhu Livestock Farm……………………………………43
Attachment 5 List of Symposiums and Household Interviews……………………………………44
1 Project Overview
1.1Project background
The Construction Project of Roads and Pipe Network at Lilou Road and East Road of Feng’an of Longzihu District of Bengbu City is a startup project for regional construction projects aiming at supporting rapid transit railway construction. It is also an important supporting project for urban infrastructure construction in BengbuCity, which consists of two sub-projects-Lilou Road Sub-Project and East Road of Feng’an Sub-Project. Lilou Road will become the major road at the region covered by rapid transit railway, which will be used to facilitate people’s living and provide some landscape functions. East Road of Feng’an will become a major road at the region covered by rapid transit railway, which will also be used to facilitate people’s living and as the major channel for connecting areas east and west of the region covered by rapid transit railway. Total estimated investments for Lilou Road and East Road of Feng’an sub-projects are 120.74 million Yuan and 129.94 million Yuan respectively. So the total estimated project investment is approximately 250.68 million Yuan.
Total length of the major roads to be built is approximately 5.3km, with a road surface width of 50m. Lilou Road(Donghai Avenue-Huangshan Avenue)is 2,609.3m in total length and East Road of Feng’an(east exit of tunnel for rapid transit railway-Mid-Ring Road) is 2,655.4m in total length. Both roads will be major roads adopting bitumen road surfaces as required by Grade I road construction standard and adopting the water logging control standard aiming at resisting floods occurring once every 20 years.
Total length of main pipe network is approximately 41km. In which, 12km is rainwater pipe network----6.8km is DN800rainwater pipes, 1.4km is DN1000 rainwater pipes, and3.8km is DN1200rainwater pipes; 12km is waste water pipe network---9km is DN200pipes and 3km is DN500pipes. 5.7km is water supply pipe network----2.8km is DDN400 ductile iron pipes and 2.9km is DN500 ductile iron pipes. There are also civil works involving 5.3km of sleeve pipes for electric power supply ducts, 3.8km of sleeve pipes for 110KV line, 1.5km of sleeve pipes for 10KV lines, 5.7km of pre-buried sleeve pipes for telecommunication duct network—with one set for lighting and another set for control purpose;1,400 pieces of galvanized steel straps and 10 road lamp posts. Refer to sketch 1-1 for specific locations of the two major road in areas covered by rapid transit railway and refer to table 1-1 for project compositions.
Sketch 11 Locations of Sub-Projects
Table 11 List of Project Compositions
No. / Road name / Redline width(m) / Road length
(m) / Planned construction time / Remarks
1 / Lilou Road / 50 / 2600 / 2011.12-2013.11 / Land acquisition, house clearing and resident resettlement to be completed by April 18 2011
2 / East Road of Feng’an / 50 / 2700 / 2011.12-2013.11 / Land acquisition, house clearing and resident resettlement to be completed by April 18 2011
Total / / / / / 5300 / / / /
1.2Brief Information about land acquisition, house clearing,and resettlement of displaced residents
A total of 401.25 mu of collectively-owned land has been acquired for this project, which affected 273 peasant families and 1,094 people. 376.4m2of non-residential houses have been pulled down and cleared, which is compensated with 62,1497 Yuan.
Total cost for land acquisition, house clearing and resident resettlement is 14.6174 million Yuan. In which, 6.7989 million Yuan is for Lilou Road and 7.8185 million Yuan is for East Road of Feng’an. Basic information about that is as shown by table 1-2.
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Table12 List of Basic Information about Land Acquisition, House Clearing, and Resettlement of Displaced Residents
Units: mu, household, person, m2 and million Yuan
No / Road name / Land acquisition / House clearing and people displacement and resettlement / RemakesLand / Residential
land / Household
affected / Person
affected / Compensation / Houses with ownership certificate / Houses without ownership certificate / Household affected / Person affected / Compensation / Enterprise / Compensation
1 / Lilou Road / 195 / / / 133 / 515 / 679.89 / / / / / / / / / / / / / /
2 / East Road of Feng’an / 206.25 / / / 140 / 579 / 719.70 / / / / / / / / / / / 376.4 / 62.15
Total / 401.25 / / / 273 / 1094 / 1399.59 / 376.4 / 62.15
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1.3Due diligence investigation on resettlement of displaced residents
To supervise and inspect implementation procedure for resettlement of displaced residents and resettlement of displaced residents and protect legitimate rights and interests of displaced residents, World Bank sponsored project office of Bengbu Municipal Investment Group has entrusted HohaiUniversity’s Center for Displaced Resident Studies to develop this due diligence report on resettlement of displaced residents for this project.
1.3.1Purpose for this due diligence investigation
To make an overall review of land acquisition, house clearing, and resettlement of displaced residents:1)Evaluate if land acquisition, house clearing, and resettlement of displaced residents involved by this project conforms to Land Management Law of the People’s Republic of China and laws, rules and regulations, and compensation and resettlement procedures and requirements specified by Bengbumunicipal government;2)Make investigations on satisfaction of project affected cohorts, review work flows, progress, and funds management for housing clearing and resettlement of displaced residents, resettlement effects and displaced people’s satisfaction of production and living status;3)Identify issues and forward proposals.
Due diligence investigations and evaluations have been made for the project and resettlement of displaced residents.
1.3.2 Methods for due diligence investigation
(1)This evaluation report has been developed with two study methods: One is desk work and the other is field investigations. Desk work refers to collect and read documents and materials about this project and resettlement of displaced residents, and make verifications.
Literature collected for this evaluation includes: evaluation documents for this project, loan agreement, project agreements, project endorsement documents, land acquisition endorsement, permit for construction land allocation, rosters for compensation fund collection by displaced residents, and various kinds of agreements related to resettlement of displaced residents;
Information about public participation related to resettlement of displaced residents:meeting minutes of villager meetings and group meeting, records of hearing meetings, notices on land acquisition, house clearing and resident resettlement, information from newspapers and video information.
(2)Field work is composed of the following items: sample surveys, syposiums, and field interviews.
Sample surveys: Design sampling plan to randomly select households affected by land acquisition, house clearing and resident resettlement. A total of 78 households were selected by our due diligence investigation team. We have investigated different affected cohorts with the help of the World Bank sponsored project office about their production and living status.
Symposiums: including district-level symposiums, township-level symposiums and village-level symposiums, in which we have communicated with staff members of the World Bank project office, house clearing and relocation office, State land bureau and displaced residents respectively to collect information about land acquisition, house clearing and resident resettlement, and reviewed and verified materials about land acquisition, house clearing and resident resettlement, esp. those about disadvantaged cohorts, unauthorized houses and buildings, and migrant population.
Field interviews: Interview people who provided critical information, e.g. staff members of Bengbu’s world bank sponsored project office and house clearing and relocation office, related responsible persons from township government, heads of displaced households, women and the aged people.
1.3.3 Contents of due diligence investigation
Approval of land for construction use
Policies about acquisition, house clearing and resident resettlement and their implementation.
Land acquisition progress, capital distribution, compensation standards and land modifications.
House clearing progress, capital distribution, compensation standards, and house rebuilding.
Revenue recovery and satisfaction of displaced people;
Enterprises, public institutions and shops;
Infrastructure;
Disadvantaged cohorts;
Analyses of incomes and expenditures of displaced households;
Operating efficiency of displaced resident organization institutions;
Public participation and consultations;
Complaints.
2Organization Framework
2.1Implementation institutions
During project implementation, the following institutions will plan, manage, carry out and monitor resettlement of displaced residents:
Longzihu District People’s Government of Bengbu City;
Largescalemunicipal construction office of Bengbu city;
Land acquisition, house clearing and resident resettlement office for Gaotie New District of Bengbu City;
Bengbu Municipal Auditing Bureau;
BengbuMunicipal Survey And Design Research Institute;
Lilou Township People’s Government;
WangweiVillage Committee, ShanwangVillage Committee, HuanggangVillage Committee and LilouVillage Committee
Longzihu District People’s Government of Bengbu City is responsible for leading and coordinating land acquisitions, house clearing and resettlement of displaced residents, and developing policies for displaced residents and carrying out internal supervisions.
Large scale municipal construction office of Bengbu city acts as applicant for house clearing and relocation permissions and is responsible for construction of approved projects resettlement of displaced residents. It also carries out, steers, coordinates and supervises land acquisitions and resettlement of displaced residents;
Land acquisition, house clearing and resident resettlement office for Gaotie New District of Bengbu City carries out investigations of house clearing and resettlement of displaced residents, makes relocation plans and holds consultations with displaced people.
Bengbu Municipal Auditing Bureau is responsible for supervising, verifying and settling capitals for relocating and arrangements of displaced residents;
Large scale construction office of Lilou Township of Bengbu Cit is responsible for making surveys about resettlement of displaced residents, carrying out house clearing and acquiring collectively owned rural land, including making socio economic surveys, and negotiating with displaced people on behalf of house clearing party, signing relocation agreements, handle relocation formalities, making compensation payments and carrying out house clearing and relocation.
BengbuMunicipal Survey and Design Research Institute is responsible fore determining project plan designs.
Refer to diagram 2-1 for project hierarchical details.
Diagram 21 Project Hierarchy
2.2Working procedure
Acquisition procedure for collectively owned land
1)On February 5,2010,Bengbu Investment Group was awarded land use permit for construction of supporting infrastructure projects for west station of rapid transit railway at BengbuCity. Refer to Attachment 1.
2)On April 3,2010, Bengbu Investment Group obtained site approval document for construction of Lilou Road(Donghai Avenue –Huangshan Avenue). Refer to Attachment 2.
3)On April 6, 2010,Bengbu Investment Group obtained land use permit for construction of East Road of Feng’an(East Gaotie Road-Laoshan Road). Refer to Attachment 3.
2.3Capabilities of projectresettlement institutions
Large scale construction office of BengbuCity consists of a resident resettlement department, which is mainly responsible for land acquisition, house clearing, resident resettlement and resettlement of displaced residents for urban traffic facility projects in BengbuCity. The department is provided with fixed offices, office facilities and funds for carrying out and managing resettlement of displaced residents. Dedicated people from the department are assigned to be in charge of land acquisition, house clearing,and resettlement of displaced residents. Refer to table 2-1 for details of major management members and staff members of this department.
Table 21
Project Resident ResettlementInstitutions
ProjectResident Resettlement Institution / Average staff number(person) / Total staff number(person) / Staff compositionLongzihu District People’s Government of Bengbu City / 4 / 6 / Government officials and engineers
Large scale construction office of Bengbu City / 8 / 12 / Government officials and engineers
Gaotie New District Land Acquisition, House Clearing and Resident Resettlement Office of Bengbu City / 10 / 20 / Government officials and engineers
BengbuMunicipal Auditing Bureau / 6 / 10 / Civil servants and engineers
BengbuMunicipal Survey and Design Research Institute / 5 / 5 / Engineers
Lilou Township People’s Government / 4 / 8 / Civil servants
Related village committees / 3 / 15 / Civil servants
Total / 40 / 76 / /
2.4Evaluation
During land acquisition, house clearing, and resettlement of displaced residents:1)Gaotie New District Land Acquisition, House Clearing and Resident resettlement Office of Bengbu City is provided with experienced staff members who work at designated sites and supported by professionals; 2)Resettlement leading team consists of members from various levels of government departments who can well organize and coordinate land acquisition and resettlement of displaced residents; 3)Staff members of resident resettlement institutions are complete in all functions, who are proficient in land acquisition practices, policies, rules, laws and regulations and experienced in such acquisition and labor arrangements. They can carry out all related policies and perform their roles and responsibilities.
3Legal Framework and Policies for Displaced Residents
3.1Legal bases
Land Management Law of the People’s Republic of China;
Enforcement Regulations for Land Management Law of the People’s Republic of China(Doc. No. [1998]256, SDRC);
Management Rules the People’s Republic of China for Urban House and Building Clearing (Doc. No. [2001]305, SDRC);
Guideline for Pricing Estimations in Urban House Clearing(implemented since April 1, 2004);
Notice on Printing and Issuance of Guideline for Improving System for Land Acquisition and Resettlement Compensations(Doc.No. [2004]238, State Assets Commission, implemented since November 3 2004);
Interim Procedures for Displaced Peasants Endowment Insurance in BengbuCity(Doc. No. [2009]12, Bengbu Government);
Notice on Issues Related to Further Improvement of Compensations for Land Acquisition, House Clearing and Resident Resettlement at Regions under Bengbu Municipal Jurisdiction (Doc. No. [2010]62, Bengbu Government Office)
Notice on Interim Rules for Compensations for Land Acquisition, House Clearing and Resident Resettlement at Regions under Bengbu Municipal Jurisdiction (Doc. No. [2009]2, Bengbu Government).
3.2Land acquisition policies and standards for this project
3.2.1Compensation policies and standards for land acquisition
(I)Compensation policies
This project affects collectively owned land at Lilou Township of Longzihu District and Notice on Interim Rules for Compensations for Land Acquisition, House Clearing and Resident Resettlement at Regions under Bengbu Municipal Jurisdiction (Doc. No. [2009]2, Bengbu Government) is adopted for its compensation.
Any crops or bushes planted urgently and buildings or structures constructed urgently at areas involving land acquisition, house clearing and resident resettlement after the day government’s land acquisition notice was released(July 23, 2010)shall not be compensated.
Compensations for land acquisition, house clearing and resident resettlement should be paid fully, without any holding, diversion, deduction and delays. Village level economic organizations of villages where land is acquired shall publicize information about balances of land compensations to organization members and accept supervisions.