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Resettlement Due Diligence Report for Nanpeng Logistics Park
Project Number: 48024-002 November 2015
Proposed Loan People’s Republic of China: Chongqing Integrated Logistics Demonstration Project Distribution of this document is restricted until it has been approved by the Board of Directors. Following such approval, ADB will disclose the document to the public in accordance with ADB’s Public Communications Policy 2011.
CURRENCY EQUIVALENTS
(as of 9 November 2015)
Currency unit – yuan (CNY) CNY1.00 = $0.15744
$1.00 = CNY6.35150
ABBREVIATIONS
AAOV - average annual output value AH - affected household AP - affected person DMS - detailed measurement survey FGD - focus group discussion HD - house demolition LA - land acquisition LAR - land acquisition and resettlement PRC - People’s Republic of China NLP - Nanpeng logistics park RP - resettlement plan
NOTE
In this report, “$” refers to US dollars.
This due diligence report is a document of the borrower. The views expressed herein do not
necessarily represent those of ADB’s Board of Directors, Management, or staff, and may be preliminary in nature. Your attention is directed to the “terms of use” section of this website.
In preparing any country program or strategy, financing any project, or by making any
designation of or reference to a particular territory or geographic area in this document, the
Asian Development Bank does not intend to make any judgments as to the legal or other
status of any territory or area.
Table of Contents
I. Executive Summary ............................................................................................................ 1
II. Overview ............................................................................................................................. 2
A. Project Background .......................................................................................................... 2
B. Brief Introduction to Land Acquisition and Resettlement .................................................. 2
C. Resettlement Due Diligence ............................................................................................. 5
(i) Method of Due Diligence ............................................................................................... 5
(ii) Content of Due Diligence .............................................................................................. 6
III. Resettlement Implementing Agency ................................................................................. 7
A. Implementing Agency ....................................................................................................... 7
B. Personnel and Capability of LAR Implementing Agencies ................................................ 9
C. Evaluation on Resettlement Implementing Agencies ........................................................ 9
IV. Resettlement Policy and Compensation Rates ...............................................................10
A. Resettlement Policy Framework ......................................................................................10
(i) Policies and compensation rates for Villager Group 6 .................................................. 11
(ii) Policies and compensation rates for Villager Groups 2, 3 and 4 ...................................13
B. Evaluation on Compensation Policy and Compensation Rate .........................................16
V. Review on Resettlement Implementation ...........................................................................17
A. Land Acquisition Impact and Compensation Implementation ..........................................17
(i) Land Acquisition Impact ...............................................................................................17
(ii) Compensation Implementation .................................................................................17
B. Housing Demolition and Compensation Implementation .................................................18
(i) Housing demolition ......................................................................................................18
(ii) Compensation implementation .....................................................................................18
C. Other resettlement measures ..........................................................................................19
(i) Safeguard Measures for Pensions and Social Benefits................................................19
(ii) Non-agricultural Economic Development Measures ....................................................22
D. LAR Implementation Review ...........................................................................................23
E. Resettlement Cost ..........................................................................................................25
(i) Details of compensation for land requisition .................................................................25
(ii) Disbursement Procedure .............................................................................................26
VI. Income Recovery Evaluation and Satisfaction Survey ....................................................26
A. Sampling Survey Overview .............................................................................................26
(i) AHs survey overview ...................................................................................................26
(ii) Survey method ............................................................................................................26
B. Survey Results of Sample Ahs ........................................................................................27
(i) Basic Survey of Family Characteristics ........................................................................27
(ii) Cultivated Land Changes ............................................................................................28
C. Income and Expenditure of Sample AHs .........................................................................29
(i) Income and expenditure before resettlement ...............................................................29
(ii) Income and expenditure after land acquisition .............................................................30
(iii) Sampled AHs Income Recovery Analysis ....................................................................32
D. House Relocation ...........................................................................................................32
E. Satisfaction Survey and Analysis ....................................................................................32
F. Interview Record .............................................................................................................33
G. Compensation and Resettlement Evaluation...................................................................34
VII. Information Disclosure and Grievance Redress ..............................................................34
A. Information Disclosure and Negotiation ...........................................................................34
B. Grievance Redress .........................................................................................................36
C. Evaluation .......................................................................................................................37
VIII. Conclusions and Suggestion ...........................................................................................38
A. Conclusion ......................................................................................................................38
B. Further Actions to be Taken ............................................................................................39
Appendix I: Approval of Agricultural Land Transfer and Acquisition for Construction of Circle Eastern Section and South Section of Eastern Avenue of Chongqing Road Logistics Base ......41
Appendix II Approval of Agricultural Land Transfer and Acquisition for Ba’nan District Implementing Urban Planning Construction ..............................................................................44
Appendix III: Notice on Issuing Land Acquisition Compensation Resettlement Implementation Details of Ba’nan District ...........................................................................................................47
Appendix IV: Notice on Relevant Issues of Further Regulating Land Acquisition Compensation Resettlement Rates of Ba’nan District .......................................................................................55
Appendix V: Announcement on Collective Land Acquisition of Baihezi Village of Nanpeng Street Office, Yuanyang Village and Jin’e Village of Jieshi Town ...............................................60
Appendix VI: Announcement on Collective Land Compensation and Resettlement For Relocation of Baihezi Village of Nanpeng Street Office, Yuanyang Village and Jin’e Village of Jieshi Town ...............................................................................................................................66
Appendix VII: Sample Agreement of Transfer from Agricultural to Non-agricultural Residency Due to Land Acquisition ............................................................................................................68
Appendix VIII: Agreement on Cash Resettlement for House Demolition Due to Land Acquisition70
Appendix IX: Balance Compensation Verification Statement based on Old and New Rates for Resettlement by Transferring from Agricultural to Non-agricultural Residency and House Demolition Resettlement Compensation ...................................................................................72
Appendix X: Payment Notice .....................................................................................................74
I. EXECUTIVE SUMMARY
1. The Chongqing Integrated Logistics Demonstration Project is composed of five outputs, namely: (i) Chongqing transportation logistics park (CTLP); (ii) Nanpeng logistics park (NLP); (iii) Yangtze River inland waterway roll-on/roll-off transport; (iv) logistics information system, and (v) institutional capacity development. The construction for Output 1 and 2 will involve land acquisition and resettlement (LAR). Output 3 will involve equipment procurement only, and no LAR will be involved. Output 4 will be installed in the CTLP, so LAR for this output construction is included on the scope of Output 1. Output 5 will not involve any LAR. 2. The LAR for construction of the CTLP will be conducted during the project implementation, so a resettlement plan (RP) for the LAR has been prepared. The LAR for construction of the NLP was completed in December 2014. According to requirements of ADB’s involuntary resettlement policy of Safeguard Policy Statement (SPS) (June 2009), this due diligence report (DDR) on the LAR is prepared. 3. The NLP subproject involved land acquisition (LA) of a total of 356.84 mu of rural collective land and house demolition (HD) of a total of 9,004.3 m2 of rural residential houses. 324 people from 92 households are affected by the subproject, among them 167 people from 46 households affected by both LA and HD, and 157 people from 46 households affected by only LA. 4. The LAR was implemented in two stages. At the first stage from May 5, 2010 to November 30, 2011, the LAR of Villager Group 6 was involved and only 2 mu of land was acquired and allocated to the subproject, and the compensation was paid off before March 2011. At the second stage, the LAR of Villager Groups 2, 3 and 4 were involved, a total of 354.84 mu of land was acquired to allocate to this subproject, and the compensation (including increased compensation due to the compensation policy updating) was fully paid before December 2014. The HD was implemented from May 2010 to November 2011. According to the investigation, it was informed that all compensation for the LA and HD were fully paid before December 2014. 5. Compensation and resettlement agreements with the affected persons (APs) were signed before the LAR based on compensation policies and physical measure of affected land, houses and ground attachments. In the process of resettlement, various approaches such as cash resettlement, government offering preferential apartments, non-agricultural economic development measures, rural collective public welfare and infrastructure improvement measures were used to resettle APs, which promoted the development for the production and livelihood recovery of APs to guarantee the long-term livelihood for the APs. 6. By 22 September 2015, 24 affected households are still waiting to buy resettlement apartments. It is scheduled that they shall move into the unified constructed resettlement apartments in June-July 2016. This and other actions to be taken are specified in Section 7.2 Progress will be monitored and reported semi-annually during the project implementation until resettlement activities are successfully completed.
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II. OVERVIEW
Project Background A.
1. The Chongqing Integrated Logistics Demonstration Project (the project) is an important
part of Chongqing Logistics Development Strategic Plan of “three bases and four ports.”1 This
logistics development strategy is an important junction platform connected to National Logistics
Industry Adjustment and Revitalization Plan in Chongqing, and it is also a key logistics node in
the People’s Republic of China (PRC). The Nanpeng Logistics Park (NLP), as one of subprojects of the project, is part of the construction of the Chongqing roadway logistics base.
2. The project is composed of five outputs, including: (i) Chongqing transportation logistics
park; (ii) Nanpeng logistics park (NLP); (iii) Yangtze River inland waterway roll-on/roll-off
transport; (iv) logistics information system, and (v) institutional capacity development. The
construction for Output 1 & 2 will involve land acquisition and resettlement (LAR). Output 3 will
involve equipment procurement only, and no LAR will be involved. Output 4 will be installed in
the CTLP, so any LAR for this output is included within the scope of Output 1. Output 5 will not
involve any LAR.
3. The land acquisition (LA), house demolition (HD), and compensation for the land
acquisition and resettlement (LAR) of the NLP subproject commenced in May 5, 2010 and were
completed physically by end of November 2011. Due to the compensation policy was updated
by local government in August 2013, the additional compensation suitable for the LAR of this
subproject was paid to affected persons (APs) by December 2014.
4. Therefore, the LAR for the NLP was completed physically by December 2014.
According to requirements of ADB’s involuntary resettlement policy of Safeguard Policy Statement (SPS) (June 2009), this due diligence report (DDR) on the LAR is prepared to
determine whether there are any remaining issues which require further safeguard actions
during the project implementation.
Brief Introduction to Land Acquisition and Resettlement B.
5. The NLP subproject will be constructed in Baihezi Village of Nanpeng Street
Administration Office in Ba’nan District of Chongqing Municipality. The impact scope of the LAR involved four village groups (Groups 2, 3, 4 and 6) in Baihezi Village. The LAR was conducted
in 2 stages, and a total of 356.84 mu of collective land was acquired and a total of 9,004.3
square meters (m2) of rural residential houses were demolished.
1 Three bases mean logistics bases of railway, airline and roadway, and four ports include Cuntan, Guoyuan, Donggang and Huanglian ports.
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6. During the first stage from May 2010 to March 2011, 2 mu of land (including 1.73 mu
farmland and 0.27 mu wasteland) of Group 6 was acquired, and 8 people from two households
were affected. The compensation had been disbursed by March 2011. No house demolition
was involved.
7. During the second stage from May 2010 to November 2011, a total of 354.84 mu land of
Groups 2, 3, and 4 was acquired, and 316 people from 90 households were affected by the LA.
In addition, a total of 9,004.3 m2 of residential houses were demolished, which affected 167
people from 46 households. Thus, 316 people from 90 households affected by both the LA and
HD. The compensation for the LA and HD had been disbursed by November 2011.
Picture 1-1: Map of the Project Area and Affected Villager Groups
Red Line of the
Baihezi Village
4th Group
2nd
3rd
6th Group
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Picture 1-2: Location of Resettlement Site and Its Distance to Project Area
8. In August 2013, a new policy on LAR compensation rates was issued by Chongqing
Municipality Government (CMG). The new policy needs be applied to the projects conducted
after January 1, 2013. The LAR of the subproject conducted in the second stage, involved the
land of village groups 2, 3 and 4, is categorized as the “pre-acquired land” (i.e., acquired prior to formal land approval), so the new policy is applied to the LA and HD in village groups 2, 3
and 4 according to relevant official confirmation in December 2013. Therefore, the
corresponding additional compensation in accordance with the new policy was paid to APs by
December 2014.
9. Time of the LAR and compensation disbursement is presented in Table 1-1.
Project
Resettlement
3.86
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Table 1-1: Schedule of Land Acquisition and Resettlement of Each Villager Group
Content Group 2 Group 3 Group 4 Group 6
Land acquisition and house demolition time
2011/3/4- 2011/11/30
2010/5/5- 2011/8/4
2010/5/5- 2011/3/31
2010/5/5- 2011/3/31
Compensation disbursement time
2011/8/1- 2011/11/30
2010/7/8- 2011/8/4
2010/7/8- 2011/3/31
2010/7/8- 2011/3/31
Disbursement time of increased compensation
2014/12 2014/12 2014/12 NO
Source: Technical Assistance Consultant.
Resettlement Due Diligence C.
10. Chongqing SRM Corporation Management Consultant Co., Ltd. is entrusted by
Chongqing Traffic Transportation Holding Company, the implementing agency of the project, to
conduct the due diligence for the subproject. The tasks included the following: (i) identify impact
scope, implementation procedure and results of the LAR, (ii) evaluate whether the LAR was in
accordance with relevant resettlement laws, regulations and policies of the PRC and
Chongqing Municipality, (iii) ensure that the legal rights of the affected persons (APs) are
protected, (iv) understand livelihood restoration status of APs, and (v) determine whether there
are any remaining LAR issues and confirm any actions to be taken during the project
implementation in accordance with ADB’s Safeguard Policy Statement (SPS, 2009), Policy Requirement 2 “Involuntary Resettlement”.
(i) Method of Due Diligence
11. Two methods are used in the due diligence, including desk study and field investigation.
The desk study refers to collect and review related documents and data of the LAR of the
Subproject.
Documents related to relevant resettlement laws and regulations, project
evaluation and approval, land use approval, list of APs who received
compensation of the LAR, and LAR agreements.
Public participation information related to the LAR: meeting minutes of villagers
conference and group meeting, meeting minutes of village community allocation
plan, LA and HD notice, etc.
12. Field investigation consists of sample affected household (AH) survey, focus group
discussions (FGDs) and field interview. Field investigation was conducted from December 20,
2014 to January 31, 2015.
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Sampling survey. 28 households2 (30.43% of the total AHs) were selected with
twice random sampling under coordination of the Nanpeng Logistics Park
Management Committee and Land Acquisition Division of Nanpeng Street
Administration Office to understand basic social and economic status of affected
households.
FGDs. 8 FGDs were held with staff or representatives from Chongqing Public
Transportation Group Co., Ltd., land acquisition office of Ba’nan district, the Land Acquisition Office of Nanpeng Street Administration Office, the Nanpeng
Logistics Park, APs, women, and elders to understand and review the
compensation policy and standards, and implementation procedures of the
LAR.
Field interview. 33 interviews were conducted with staff or representatives from
the IA, Chongqing Public Transportation Group Co., Ltd, land acquisition office
of Ba’nan, land acquisition office of the Nanpeng Street Office, land utilization department of the Nanpeng Logistics Park, the village community, APs, etc. to
understand the basic social and economic situation of affected villages, and
livelihood restoration of affected households.
(ii) Content of Due Diligence
Approval process of construction land
Land acquisition policy and implementation
Land acquisition progress, fund disbursement and compensation rate, etc
Income recovery and satisfaction with the resettlement
Relocation and reconstruction of infrastructure
Operation efficiency of resettlement implementing organization agency
Public participation and negotiation
Grievance redress.
2 Based on the number of affected HHs (see Table 4-1), the sample sizes were: 1 from Group 6, 2 from Group 4, 8 from Group 3, and 17 from Group 4.
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III. RESETTLEMENT IMPLEMENTING AGENCY
Implementing Agency A.
13. Agencies related the LAR implementation of the Subproject include:
Land Acquisition Office of Ba’nan District of Chongqing (Ba’nan Land Acquisition Office)
Land Acquisition Office of Nanpeng Street Administration Office (Nanpeng Land
Acquisition Office)
Land Utilization Department of the Nanpeng Logistics Park
Baihezi Village Committee and Villager Group
14. Ba’nan Land Acquisition Office is in charge of the compensation and the specific
implementation of the LAR. Nanpeng Land Acquisition Office is assisting the LAR
implementing. The Land Utilization Department of Nanpeng Logistics Park is responsible for
coordination, management, supervision of the Subproject implementation, and reporting the
implementation to Ba’nan district government and the related departments. The Baihezi Village Committee and Villager Groups are assisting the LAR implementation. The organization
structure of related agencies is presented in Figure 2-1.
Figure 2-1: Project Resettlement Organization
Land Utilization Department of Nanpeng Logistics Park
Ba’nan Land Acquisition Office
Nanpeng Land Acquisition Office
Baihezi Village Committee and Villager Groups
Affected Persons
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15. The main responsibilities of the related agencies are as follows:
(1) Ba’nan Land Acquisition Office
Implementing relevant policies and regulations of LA and HD
Signing the related LA compensation agreement with AHs
Investigating and registering LA scope
Implementing LA
Dealing with various problems in process of LA
Reporting the implementation progress to Ba’nan district government and related governmental departments.
(2) Land Utilization Department of the Nanpeng Logistics Park
According to overall planning requirements of the Logistics Park, compiling LA
and HD work plan and resettlement fund plan
Coordinating with Ba’nan land acquisition office and Nanpeng land acquisition
office to finish tasks of the LA and HD
Assisting to solve the dispute problems occurred during the LAR
Collecting, printing, filing and keeping documents of the LAR.
(3) Nanpeng Land Acquisition Office
16. Nanpeng Land Acquisition Office is led by a street government leader who is
responsible for LA and composed of staffs from land division, etc. The main responsibilities
include:
Participating in investigating the LAR scope
Organizing public participation and consultation and propagandizing
resettlement
Implementing, checking, monitoring and recording all resettlement activities in
the range of village
Disbursement and management of land compensation
Reporting progresses and results of the LAR to Ba’nan Land Acquisition Office
Coordinating to deal with the conflicts and problems in the LAR.
(4) Baihezi Village Committee and Villager Groups
17. A resettlement work group consists of Baihezi village committee and each villager
group. The main responsibilities are as follows:
Participating in survey on physical scope of the LAR
Organizing the public participation and consultation, and propagandizing
policies of LAR
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Holding meeting of villagers on the LA and HD, including allocation plan of land
compensation
Organizing and implementing agricultural and non-agricultural production
resettlement activities
Reporting opinions and suggestions of APs on the LAR to related governmental
agencies
Reporting the implementation progress of the LAR
Assisting poor and low income households affected by the LAR.
Personnel and Capability of LAR Implementing Agencies B.
18. In order to implement the LAR smoothly, all LAR implementing agencies or
organizations are equipped with special personnel to form a clear information communication
channel. Each organization mainly consists of 3-6 administrative staff and professional
technicians who have professional and management quality and considerable LA working
experience. For example, Ba’nan Land Acquisition Office is one of formal functional departments of Ba’nan District Government, which is in charge of LA and HD of all projects in
the district. The staff of the organizations have at least 1 year of working experience in LAR.
Although Baihezi Village Committee and villager groups had no experience in LA and HD
before the subproject, they received a number of training on LAR before and during the LA and
HD. The personnel allocation of the resettlement organizations is presented in Table 2-1.
Table 2-1: Resettlement organization personnel allocation
Name of Organization No. of Staff
(person) Personnel Composition
Ba’nan Land Acquisition Office 3 (1 female) Civil servant
Land Utilization Department of Nanpeng Logistics Park
4 (1 female) Civil servant
Nanpeng Land Acquisition Office 5 (2 female) Civil servant
Baihezi Village Committee and Villager Groups
6 (2 female) Villager group leaders
and resettlement representatives
Evaluation on Resettlement Implementing Agencies C.
19. In the process of implementing the LAR, solid support was offered by the related
departments of Ba’nan District Government, including Development and Reform Commission and Finance Bureau. The staff of Ba’nan Land Acquisition Office and Nanpeng Land Acquisition Office are familiar with policies and regulations, and procedures of LA and HD, and
have at least one year of work experience in LAR, and are capable of dealing with problems
occurred during the LAR. Meanwhile, the land use department of Nanpeng Logistics Park
assigned personnel to assist the project resettlement. Thus, it’s clear that the capability of the
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LAR organizations meets the requirements of implementing the LAR of the Subproject.
IV. RESETTLEMENT POLICY AND COMPENSATION RATES
Resettlement Policy Framework A.
20. The LAR of the Subproject was conducted strictly in accordance with relevant
resettlement policies and regulations of the PRC, Chongqing Municipality Government (CMG)
and Ba’nan District Government. The main policy and legal framework used in the Subproject is
presented in Table 3-1.
Table 3-1: Resettlement Policy and Legal Framework
Grade Policy Document Time of Taking Effect
National and central ministries and commissions
Land Administration Law of the PRC August 28,
2004 Regulations of Implementing the Land Administration Law of
the PRC July 29,
2014 Decision on the Deepening Reform and Strict Land
Management of State Council (GuoFa [2004] No.28) October 21,
2004 Guidance of Perfecting Land Acquisition Compensation and
Resettlement Systems (GuoTuZiFa [2004] No.238) November
3, 2004 Notice on Issues of Strengthening Land Adjustment and
Control (GuoFa [2006] No.31) August 31,
2006 Notice on Implementing and Formulating unified Annual
Output Value Standard of Land Acquisition and District Comprehensive Land Premium of the Ministry of Land and Resources (GuoTuZiFa [2008] No.135)
June 22, 2008
Notice on Instruction Comments on Completing Employment Training and Social Security Work to the Land-acquired Farmers of the Ministry of Human Resource and Social Security, transferred by General Office of the State Council (GuoBanFa [2006] No.29)
April 10, 2006
Method of Public Announcement on Land Acquisition (No.10 Decree of Ministry of Land and Resources)
January 1, 2002
Chongqing
Chongqing Land Management Regulation (No.53 Decree of Chongqing People’s Government)
March 22, 1999
Chongqing Land Acquisition Compensation and Resettlement Method (No.55 Decree of Chongqing People’s Government)
April 2, 1999
Notice on the Relevant Issues of Regulating Land Acquisition Compensation Resettlement Policy by Chongqing People’s Government (Chongqing Government Development [2008] No.45)
January 1, 2008
Notice on Newly Land-acquired Personnel Basic Pension Insurance Trial Method from Agricultural to Non-agricultural on January 1, 2008 by Chongqing People’s Government (Chongqing Government Development [2008] No.26)
January 1, 2008
Notice on the Relevant Issues of Further Regulating Land Acquisition Compensation Resettlement Rate by Chongqing People’s Government (Chongqing Government Development [2013] No.58)
January 1, 2013
Banan District
Notice on Printing and Issuing Land Acquisition Compensation Resettlement Implementation Details in Ba’nan, Chongqing by
January 1, 2008
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Grade Policy Document Time of Taking Effect
Chongqing Ba’nan District People’s Government (Ba’nan Government Development [2008] No.76)
Notice on the Relevant Issues of Further Regulating Land Acquisition Compensation Resettlement Rate by Chongqing Ba’nan People’s Government (Ba’nan Government Development [2013] No.158)
January 1, 2013
Notes:
1. The main resettlement policies are similar in the documents No.45 [2008] and No.58 [2013]. But the
compensation rates for land and house demolition in the [2013] No.58 are higher.
2. Content of Major Policies and Compensation rates
21. Since the time of approval and implementation of the LA is different, the LAR policies
used for the Villager Group 6 are different from that for Groups 2, 3 and 4.
22. The LA of Villager Group 6 was approved in October 9, 2011. The compensation policy
and rates of the LAR was based on the Notice of Chongqing Ba’nan District Government on Issuing the Implementation Details of Land Acquisition Compensation and Resettlement in
Chongqing Ba’nan District (Ba’nan FuFa [2008] No.76). The LA of the Groups 2, 3 and 4 was approved in December 16, 2013. The resettlement policy was based on the new policy of the
Notice on the Relevant Issues of Further Regulating Land Acquisition Compensation
Resettlement Rate by Chongqing Ba’nan Government (Ba’nan FuFa [2013] No.158).
23. The LA and compensation involved in the Groups 2, 3 and 4 was completed as pre-
acquired lands by November 2011. However, the land approval was not formally obtained until
December 2013.3 Initially, the compensation was paid based on the old policy of the Ba’nan FuFa [2008] No.76. In August 2013, the new policy was issued by the Ba’nan district government. It was required that the new policy should be applied to the projects after January
1, 2013. Thus, the compensation rate of the new policy should be applied to the Groups 2, 3
and 4. According to the new policy, the increased compensation was disbursed to APs of the
Groups 2, 3 and 4 in December 2014 with LA agreements.
(i) Policies and compensation rates for Villager Group 6
24. The land compensation comprises: (i) land compensation, (ii) resettlement subsidy, and
(iii) young crops. The land compensation is calculated according to land categories and land
area acquired. Nanpeng is located in Class-II region, and the land compensation rate is 15,000
CNY/mu.
3 This is a common practice in the PRC. There is a pre-examination approval that is required first but the formal approval of land acquisition can take time due to land quotas. LAR can commence in advance of the formal approvals.
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25. The 80% of the land compensation is unified for participation in the urban enterprise
workers’ basic pension insurance of land-acquired farmers who are transformed to non-
agricultural residents. The compensation was transferred to local labor and social security
bureau by responsible administration departments; local government should pay for 50% of the
pension insurance premiums with these funds. The remaining 20% of the land compensation
was disbursed to the rural collective economic organization for developing collective economy
and arranging the production or livelihood of collective economic organization members. All
villagers of villager groups decided how to use the remaining 20%.
26. The resettlement subsidy for the LA is calculated according to the number of persons
who are transferred from agricultural residents to non-agricultural residents. The resettlement
subsidy rate of each transferred person is CNY28,000. Part of the subsidy is used for payment
for 50% of individual basic pension insurance of urban enterprise workers, while the remaining
is paid to the transferred persons.
27. How much payment of the resettlement subsidy for the endowment insurance is
decided according to the age groups of transferred persons. In the month of approving the LA
compensation, 100% of the resettlement subsidy was disbursed to the transferred persons
whose ages are below 16 years old because they are too young to enroll in the endowment
insurance. For the transferred persons whose age is 16 years old or over, they need to pay the
individual part of the basic pension insurance of urban enterprise workers when they participate
in the insurance. The individual part to be paid for the insurance by APs is 50% of the total
insurance premium, which was paid with the resettlement subsidy, and was transferred to the
local labor and social security bureau according to regulations in the document of Ba’nan FuFa [2008] No.76. The remaining part of the resettlement subsidy after payment for the insurance is
disbursed directly to the transferred persons for their production and life.
28. The compensation for young crop loss is calculated according to the acquired cultivated
land area (excluding forest land and construction land). The compensation was disbursed to
the collective economic organizations by the LA office first, and then 100% was paid to
possessors of young. The compensation rate is CNY2,150 /mu.
29. The land acquisition compensation for Villager Group 6 is summarized in Table 3-2.
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Table 3-2: Permanent Land Acquisition Compensation of Villager Group 6
Land Compensation (CNY/mu)
Resettlement Subsidy (CNY/person)
Young Crop Compensation (CNY/mu)
15,000 28,000 2,150 plus actual ground attachment loss or 8,000
30. In year of 2010 when the land was acquired, the annual average output value (AAOV)
of cultivated land in each village was 1,780 CNY/mu. According to the rates of the land
compensation of 15,000 CNY/mu and the resettlement subsidy of 28,000 CNY/person, the total
LA compensation is 19.33 times of the AAOV of local cultivated land. See details in Table 3-3.
Table 3-3: Calculation of Land Compensation for Villager Group 6
Villager Group
AAOV of Cultivated
Land (CNY/mu)
Per capita Cultivated Land
(mu/person)
Multiple of Land
Compensationa
Multiple of Resettlement
Subsidyb
Total Multiple
6 1,780 1.443 8.43 10.90 19.33
Notes: a Multiple of land compensation = land compensation/AAOV of cultivated land.
b Multiple of resettlement compensation = resettlement subsidy/per capita cultivated land/ AAOV of cultivated land.
(ii) Policies and compensation rates for Villager Groups 2, 3 and 4
31. Villager Groups 2, 3 and 4 involved both LA and HD. During the LA in 2010 and 2011,
APs of Groups 2, 3 and 4 had been compensated as the same as those of Group 6 according
to the compensation policy described in Section 3.2.1. However, in 2013, APs of Groups 2, 3
and 4 were approved to be compensated with the new policy regulated in the document of
Ba’nan FuFa [2013] No.158. Therefore, APs of Groups 2, 3 and 4 received the second payment in December 2014 according to difference between amount they received in 2011 and
that regulated in the new policy.
(1) Permanent land acquisition compensation
32. According to the document of Ba’nan FuFa [2013] No.158, (i) land compensation rate is 18,000 CNY/mu for all types of collective land. (ii) Resettlement subsidy for the LA is calculated
according to the number of persons who are transferred from agricultural residents to non-
agricultural residents; the rate is CNY38,000 for each transferred person.
33. Based on the new regulation, the compensation for the young crops is now combined
with that for ground attachment losses, which is subject to all acquired land deducting house
plot (not deducted if not involved in housing demolition). The comprehensive compensation is
CNY 22,000 /mu.
14
34. Therefore, according to the document of Ba’nan FuFa [2013] No.158, the new land compensation rates for the Groups 2, 3 and 4 of Baihezi Village is summarized in Table 3-4.
Table 3-4 Permanent Land Acquisition Compensation of Groups 2, 3 and 4
Land Acquisition (CNY/mu)
Resettlement (CNY/person)
Comprehensive Quota Compensation (CNY/mu)
18,000 38,000 22,000
35. From 2010 to 2011 when the land was acquired, the AAOV of local cultivated land was
1,780-1,850 CNY/mu. According to rates of the land compensation of 18,000Yuan/mu and the
resettlement compensation of CNY38,000 per person, the total LA compensation is 23-24 times
of AAOV of cultivated land, see details in Table 3-5.
Table 3-5: Times of AAOV of Land Compensation for Groups 2, 3 and 4
Villager Group
AAOV of Cultivated
Land (CNY/mu)
Per capita Cultivated
Land (mu/person)
Multiple of Land
Compensationa
Multiple of Resettlement
Subsidyb
Total Multiple
2 1,830 1.403 9.84 14.80 24.64
3 1,850 1.448 9.73 14.19 23.92
4 1,780 1.451 10.11 14.71 24.83
Notes: a Multiple of land compensation = land compensation/AAOV of cultivated land.
b Multiple of resettlement compensation = resettlement subsidy/per capita cultivated land/ AAOV of cultivated
land.
(2) House demolition compensation
36. The HD under the Subproject involved 167 persons from 46 households in the Groups 2
and 3 of Baihezi Village. According to the document of Ba’nan FuFa [2008] No.76, the compensation method is (i) resettlement apartment and (ii) cash compensation. The
compensation included (i) house structure compensation, (ii) moving allowance, (iii) transition
allowance, and (iv) cash compensation. The compensation for house plot is included in the
compensation for land acquisition.
(i) House structure compensation rates
37. The compensation fees for house structures are CNY600 per m2 for masonry concrete,
CNY480 per m2 for brick and wood structure, CNY360 per m2 for earth wall structure and
CNY120 per m2 for simple structure.
15
(ii) Moving allowance
38. The moving allowance is CNY800 per household with 3 people and less, CNY1,000 per
household with 4 people and above.
(iii) Transition allowance
39. The transition allowance is CNY200 per person per month in the first year, and
increased CNY50 every year after the first year. The transition allowance will be no more than
CNY400 per person per month.
40. Affected households (AHs) who choose cash compensation have such transition
allowance but receive a lump sum of CNY 2,000 subsidy.
(iv) Cash compensation
41. AHs who choose cash compensation can receive a lump sum of CNY90,000 per person
as housing currency resettlement compensation for house decoration cost and moving award
after AHs signed HD agreement with the district LA office. In fact, the compensation is a special
preferential policy for AHs are able to buy new apartments in market prices in project area. This
policy stems from the restriction that APs cannot rebuild farm houses; instead, they must be
urbanized and move into apartment housing. The government provides this extra
compensation/subsidy to make the resettlement apartments affordable.
42. The compensation rates for rural residential house demolition caused by the Subproject
are presented in Table 3-6.
Table 3-6: Compensation Rates of House Demolition
Rate of housing compensation (CNY/m
2)
Other compensation
Brick- concrete
Brick- wood
Earth wall
Simple Moving
allowance (CNY/HH)
Transition allowance
(CNY/person/month)
Cash compensation (CNY/person)
600 480 360 120
CNY800 for household with 3 or less family
members, CNY1,000 for more than 3
family members
200 or
A lump sum of 2,000 per household for AHs who choose
cash compensation
90,000
43. According to the compensation rates, a household with 4 family members and a
masonry concrete structure of 120 m2 can receive a total compensation of CNY432,000,
including (i) CNY360,000 of resettlement compensation, and (ii) house structure demolition
16
compensation of CNY72,000. In 2011 and 2012, the apartment prices were CNY3,200 to
CNY3,400 per m2, so this preferential resettlement compensation policy enables AHs can buy
an apartment with the same area at market price4.
Evaluation on Compensation Policy and Compensation Rate B.
44. The LAR of the Subproject has been implemented according to the documents of
Ba’nan FuFa [2008] No.76, Ba’nan FuFa [2013] No.158 and the Notice on Issuing Land-
requisitioned Personnel Basic Pension Insurance Trial Method from Agricultural to Non-
agricultural before December 31, 2007 and Newly Land-requisitioned Personnel Basic Pension
Insurance Trial Method from Agricultural to Non-agricultural on January 1, 2008 by the CMG
(Chongqing FuFa [2008] No.26). These regulations are formulated by Ba’nan District Government and CMG combining with the actual condition according to the Land
Administration Law, Property Law and the Urban Real Estate Administration Law of the PRC,
etc.
45. In conclusion, it is considered by the due diligence team that:
(i) impacts were adequately assessed—all APs were counted and contracts were
signed with individual households;
(ii) APs were consulted and informed about the project and project impacts/about
their entitlements including livelihood restoration support;
(iii) Compensations were paid fully and prior to the LAR and the resettlement
policies of the Subproject have met requirements of relevant laws, regulations
and policies of the PRC, CMG and Ba’nan District Government for the LAR and compensation;
(iv) (iv) GRM was in place and APs were properly informed.
4 In other areas, the government offers apartments at a subsidized price. The Chongqing policy promotes a private sector solution, which offers more choices to APs.
17
V. REVIEW ON RESETTLEMENT IMPLEMENTATION
46. The impact scope of the LAR, implementation progress of resettlement compensation
and resettlement agreements were identified and understood according to interviews and
discussions with the related personnel of the Logistics Park.
Land Acquisition Impact and Compensation Implementation A.
(i) Land Acquisition Impact
47. A total of 356.84 mu of rural collective land was acquired from Baihezi Village for the
Subproject, and 324 people from 92 households were affected, as presented in Table 4-1 for
details. Due to other urban development projects that impact Baihezi Village, eventually all of the
village land will be acquired. For the 92 households affected by the Subproject, all will be treated
as complete land-loss farmers and will need to be urbanized.
Table 4-1: Permanent collective land acquisition situations
Villager Group
Subtotal
Rural collective land (mu) Population
Cultivated land Forest land
Home stead
Garden plot
Fish pond
Household (HH)
Persons paddy field
dry land
2 229.73 165.35 32.08 6.06 2.60 21.58 2.05 64 223
3 108.26 77.56 13.64 4.16 2.77 10.13 0.00 21 76
4 16.85 11.96 2.99 0.79 0.00 1.11 0.00 5 17
6 2 1.09 0.64 0.00 0.00 0.27 0.00 2 8
Total 356.84 255.97 49.35 11.02 5.37 33.09 2.05 92 324
(ii) Compensation Implementation
48. The LAR was implemented in two stages. At the first stage from May 5, 2010 to
November 30, 2011, the LAR of Villager Group 6 was involved and only 2 mu of land was
allocated to the subproject, and the compensation was paid off before March 2011. At the
second stage, the LAR of Villager Groups 2, 3 and 4 were involved, a total of 354.84 mu of land
was acquired, and the compensation (including increased compensation according to the new
policy) was fully paid before December 2014.
49. The NLP transferred the compensation to Ba’nan Land Acquisition Office. 80% of the land compensation was transferred to the local labor and social security bureau by Ba’nan Land Acquisition Office to be used for the governmental part of pension insurance of transferred
persons. The remaining 20% of the land compensation was disbursed directly to the rural
collective economic organization first, and then disbursed to all APs equally in cash according to
the decision of the meeting of whole villagers of affected villager groups.
18
50. For the resettlement subsidy, the resettlement agreement was signed between Ba’nan Land Acquisition Office and the affected people to be transferred to urban registration. 100% of
the resettlement subsidy was disbursed to the transferred persons whose age is below16 years
old. For the transferred persons whose age are 16 years old or over, part of the subsidy has
been used to pay all of the individual part of the basic pension insurance premium of urban
enterprise workers to the local labor and social security bureau. The remaining part of the
subsidy, after paying for the pension insurance, was disbursed directly to the transferred
persons.
Housing Demolition and Compensation Implementation B.
(i) Housing demolition
51. Only Villager Groups 2 and 3 of Baihezi Village involved the HD under the Subproject. A
total of 9,004.3.4 m2 of rural residential houses were demolished, and 167 people from 46
households were affected, as shown in Table 4-2 for details. These 46 households were also
impacted by LA.
Table 4-2: Information of housing demolition
Village Sub-
village
Area of House Demolish (m2) Affected
Household (HH)
Affected People
(person) Subtotal
Brick concrete
Brick wood
Cob wall Simple
Baihezi Village
2 5,841.2 5,270.5 317.2 167.0 86.5 30 107 3 3,163.1 2,949.8 159.5 38.2 15.5 16 60
Total 9,004.3 8,220.4 476.6 205.2 102.0 46 167
(ii) Compensation implementation
52. The HD was implemented from May 2010 to November 2011. Ba’nan Land Acquisition Office, Nanpeng Land Acquisition Office and the Logistics Park Management Committee jointly
as Party A, and Ba’nan Land Acquisition Office took the lead to sign LA and HD compensation
and resettlement agreements with the AHs as Party B. Meanwhile, a bank account was open for
each AH in Nanpeng rural commercial bank. According to the investigation, it was informed that
all the original LA and HD compensation were fully paid by November 2011 and the additional
compensation was fully paid before December 2014.
53. In 2011 when the HD started, two options of house compensation were offered to APs: (i)
resettlement apartment replacement, and (ii) cash compensation. If AHs choose resettlement
apartments, they need to wait for construction of the resettlement apartments. So some of them
chose cash compensation to buy apartments at market prices ranging from 3,200 to 3,400
CNY/m2 (now is about CNY3,500 per m2). However, the district government allowed all AHs,
including who chose cash compensation, the option to buy the unified constructed preferential
apartments offered by the Logistics Park at CNY2,400 per m2, so most of AHs chose cash
19
compensation and waited to move into the resettlement apartments at the designated site on
Nanhe Road of Nanpeng Street Administration Office (see Section 5.4). After APs received the
cash compensation, the AHs bought the preferential apartments. Some AHs moved into the
resettlement apartments in July-August 2014. By September 22, 2015, 22 out of all 46 AHs have
moved into resettlement apartments or bought apartments in different places in market prices.
The remaining 24 affected households are still waiting to move into the new resettlement
apartments. It is scheduled that they shall move into the unified constructed resettlement
apartments in June-July 2016.
54. In August 2011, LA and HD compensation agreements were signed between Ba’nan Land Acquisition Office and affected villagers of Baihezi Village (see Appendix 7 for resettlement
of APs transferred from agricultural to the non-agricultural registration, see Appendix 8 for
Agreement on Cash Resettlement for House Demolition Due to Land Acquisition, and see
Appendix 9 for the old and new policy addition agreement). It was clear that the agreements
covered the compensation content above. The compensation rate of Baihezi Village is consistent
with the relevant regulations of the documents of Ba’nan FuFa [2008] No.76 and Ba’nan FuFa [2013] No.158. It’s beneficial to protect the legal interests of land-acquired farmers, and helpful
to recover the income and production development for the APs.
Other resettlement measures C.
(i) Safeguard Measures for Pensions and Social Benefits
55. All APs will be transferred to non-agricultural residents under the Subproject, and they
will enjoy the basic pension insurance, the same as urban enterprise workers, after paying for
the individual insurance premium with part of the land compensation and resettlement subsidy.
Among 324 APs, 217 people had been transferred to non-agricultural residents by July 2014,
and the remaining 107 APs will be transferred before December 2015. According to the
regulation of the Notice on Issuing Land-requisitioned Personnel Basic Pension Insurance Trial
Method of Urbanized People before December 31, 2007 and Newly Land-requisitioned
Personnel Basic Pension Insurance Trial Method from Agricultural to Non-agricultural on
January 1, 2008 by the CMG (Chongqing FuFa [2008] No.26), the APs who are over 16 years
old will enjoy the same urban and town basic pension insurance as urban enterprise workers.
56. The urban social insurance for people who were transferred to non-agricultural residents
after January 1, 2008 is divided into three age groups. (i) For the old-aged, men who are over 60
years old, and women who are over 55 years old, in the month when the LAR is approved; (ii)
“4050” people, which means in the month when the LAR is approved, men who are over 50
years old but less than 60 years old, and women who are over 40 years old but less than 55
years; and (iii) Young and middle-aged people, which means in the month when the LAR is
approved, men who are less than 50 years old but over 16 years old, women who are less 40
20
years old but over 16 years old. The amount of payment for the urban basic pension insurance is
different based on the above age range of transferred persons. Individuals of transferred
persons should pay for 50% of the insurance premium with their resettlement subsidy, while the
local government should pay for the other 50% with part of the land compensation on behalf of
the individuals.
Table 4-3: Basic pension insurance premiums and benefits by age group
Age group No. of people
Individual one-time paying
pension insurance
premium (CNY)
Remaining resettlement
subsidy after the payment for
premium(CNY/person)
Pension insurance
benefit standard in
2014 (CNY per month)
Time of getting pension benefit
Old-aging group
Over 75 years old
6
7,500+650* (75-N)
38,000-7,500-650*(75-N)
750 Start from the
second month of LA resettlement
program according to the law
70-75 8 650
Male 60-69 19 550
Female 55-69 18
“4050” group
Male 50-59 29
20,500 17,500
To be decided in year when they are 60 years old
Start from the second month of
mandatory age for retirement
Female 40-54 41
To be decided in year when they are 55 years old
Young and
middle-aged group
Male 40-49 35
11,532 26,468
To be decided in year when they are 60 years old
Start from the second month of
mandatory age for retirement
Female 30-39 30
To be decided in year when they are 55 years old
Male 20-39 73
5,766 34,234
To be decided in year when they are 60 years old
Female 20-29 47
To be decided in year when they are 55 years old
16-19 17 1,153.2~4,612.8
36846.8 -33387.2 To be decided in year when they are 60 years old for male and 55 for female
Notes: 1. N is age, for the land-acquisitioned people from agricultural to the non-agricultural who are under 16 years old, the
full amount of resettlement allowance will be paid to individual 2. The individual one-time payment standard of this table is calculated according to the Notice on Issuing Land-
requisitioned Personnel Basic Pension Insurance Trial Method from Agricultural to Non-agricultural before December 31, 2007 and Newly Land-requisitioned Personnel Basic Pension Insurance Trial Method from Agricultural to Non-agricultural on January 1, 2008 by the CMG (Chongqing FuFa [2008] No.26).
21
(3) For 40-50 group and young group, they can only get the endowment insurance benefit after some years when they reach 55/60 years old. As for the amount of insurance benefit they will receive depends on when they will get and the urban residents’ average income of that year.
57. According to the investigation, the resettlement method of buying pension insurance is
conducive to the long-term livelihood security of APs. APs like to be transferred to non-
agricultural residents, especially for the old-aged that men are over 60 years old and women are
over 55 years old. After the insurance premium is paid in one time, old-age pension can be
distributed monthly to the transferred persons according to the regulation (the standard was
around CNY550 per person per month in 2014) of the minimum basic pension of urban and town
enterprise retirees of Chongqing. For the people who are up to 70 years old, CNY50 will be
increased monthly, and for the people who are up to 75 years old, more CNY50 will be increased
each month. An investigation showed that 49 people (15%) of AHs were in retirement age, and
they can receive at least CNY550 monthly (6,600 CNY per year) after they paid the endowment
insurance premium, which is much more than previous annual per capita agricultural income of
CNY2,833. Although most working-age APs may need to wait many years for pension benefits,
most do not depend on agriculture income because they have urban jobs, so the land losses
have minor impacts on their income. For APs with no jobs, there were lots of job opportunities
provided by the Logistical Park and surrounding businesses. Furthermore, they still had some
cash compensation after paying for their social insurance that was used to start new businesses
or guarantee their incomes during the transition.
58. For the transferred people who have difficulties in life, if they meet the minimum living
security standard (MLSS) for urban APs, they can also receive the basic cost of living allowance
offered by local Civil Affairs Bureau. According to the investigation, 3 people from 2 households
meet the standard and can receive the basic cost of living allowance of CNY385 monthly.
59. After urbanization, the APs have more social rights in housing condition, medical
treatment and education, etc., and their livelihood and employment will be improved. The
comparison of advantage before urbanization and after urbanization is shown in Table 6-3.
Table 6-3: Comparison of Advantage before and after Urbanization
Content Before Urbanization After Urbanization
pension Issuance
CNY80/person month for each retiree
At least CNY550 person month for each retiree
Medical Treatment
Reimbursement portion is 85%
The highest reimbursement portion is 95%; Meanwhile, if the cost surpasses the limit, it will be paid by the large-sum mutual fund in accordance with rules.
Education Study at the middle and primary school within Nanpeng Street only
Study in urban area based on the principle of proximity and school enrollment during the compulsory education period. After graduation, APs have the right to enjoy the public rental house and employment assistance of urban people.
Social Assistance
The standard of subsistence allowance is CNY225 person
The standard of urban minimum living guarantee is CNY385 person month and the standard of “Three
22
month, and the standard of five guarantee family is CNY350 person month.
none personnel” is CNY480 person month.
Employment and Training
Rare employment and training provision.
Social insurance, training subsidy, microcredit and soft loan, “person to person” assistance, provision of public service position; encourage and help the self-employment.
(ii) Non-agricultural Economic Development Measures
60. According to the regulation of Article 11 of the Notice on Issuing Land-requisitioned
Personnel Basic Pension Insurance Trial Method from Agricultural to Non-agricultural before
December 31, 2007 and Newly Land-requisitioned Personnel Basic Pension Insurance Trial
Method from Agricultural to Non-agricultural on January 1, 2008 by the CMG (Chongqing FuFa
[2008] No.26), job opportunities for APs transferred to the non-agricultural registration in labor
age should be guided, supported and provided. Job opportunities should be developed through
multiple channels to strengthen employment absorption ability of community, enterprise and
public institutions. Meanwhile, the “4050” APs should be regarded as the key group in difficulty to help, and various employment and reemployment supportive policies should be applied to
promote employment.
61. Because the APs live near the urban areas of Chongqing, most of young people were
successful in finding employment inside or outside Chongqing. The LA has minor impacts on
them. It was found through field survey that some activities were organized by the related
departments of Ba’nan District and Nanpeng Street to offer employment training and occupational guidance service. For example, Ba’nan District Government organized the APs to have job transfer employment training for 2-3 times every year, expanding the channel of
employment and solving employment for the transferred APs. In 2014, Nanpeng Street
Government had training activities about property management, public security and household
management service, and also held on-site job assistance fairs. More than 10 enterprises were
organized, and over 350 job opportunities were offered. All the enterprises entering into the
logistical park need to sign an agreement with the logistical park that they should give priority to
the local APs aged 20-50 when they employ workers. For people aged over 50 but under 55/60,
the construction of Nanpeng Logistics Park can create a lot of job opportunities for the local land-
lost farmers, such as district environment maintenance, cleaning, transport, loading and
unloading. For people aged over 55/60, they do not need to work since they can have the
pension insurance benefit at CNY550/month, which is much higher than their previous land
income. Besides, the APs, especially those have working experiences, can use their
compensation to start or enlarge various economic activities such as wholesale of small articles
and retail to recover and increase income. According to the interviews, more of APs are working
in another place, and many of them had the experience of being engaged in non-agricultural
economic activity and rich market experience. Besides, they have confidence and expectation to
expand non-agricultural production and operation. They think the LA provided opportunities for
23
them to make a better living and increase income.
62. Under various measures, 123 persons (77%) out of 160 working-age APs obtained
assistance of employment resettlement. 24 people had employment offers, which were mainly in
the main city of Chongqing and surroundings to engage in property management, public security
and housekeeping. The income per month was around CNY2,500. 11 people were engaged in
small commodities retail, and the income per month was around CNY2,800-3,500. 49 people
were working in other places as casual workers in construction and services, and the income per
month was around CNY 3,000-5,000. Besides, it is scheduled that around 40 unskilled job
opportunities can be offered in the Nanpeng Logistics Park, such as public security, cleaning and
transportation, and the income per month is around CNY3,000. Under the policy supports,
basically it can be sure that at least one job opportunity can be offered to one affected
household.
63. According to the investigation, the APs are satisfied with the measures implemented for
LAR compensation and resettlement. They think they received a big amount of income with the
compensation, and their living standard has been improved obviously. Besides, in consideration
of long-term development the relevant departments helped the APs recover production. The
measures mentioned above were implemented to help them have better and stable employment.
LAR Implementation Review D.
64. The LAR implementation procedures and measures for livelihood and production
recovery of APs of the Subproject are reviewed as follows.
(i) In October 2011, the Ba’nan District Government obtained the Official Approval of “Chongqing Municipality Government on Farming-land Transfer and Land
Acquisition Used for Constructing the Project of Circle Eastern Section of
Chongqing Road Logistics Base and Eastern Avenue Southern Section in Ba’nan District” (Chongqing Government Land [2011] No.1121). It was agreed that 39.1344 hectares (25.6092 hectares of collective land were cultivated land) in
Villager Groups 6, 11, 13, 16 and 17 of Baihezi Village and Villager Groups 1, 5,
6, 7, 8, 9, 17 of Pingwan Village of Jieshi Township would be acquired and
transferred into construction land. The land of Villager Group 6 was a part of land
acquisition used for this Subproject. See details in Appendix I.
(ii) On December 16, 2013, Ba’nan District Government obtained the Official Approval of Chongqing Municipality People’s Government on Implementing Urban Planning and Construction Farming Land and Land Acquisition in Ba’nan District (Chongqing Government Land [2013] No. 1623), and it was agreed to impose
46.3482 hectares (of which 31.0031 hectares were cultivated land) of rural
collective land of Villager Groups 2, 3 and 4 of Baihezi Village and Villager
Groups 1, 6, 7, 8 and 9 of Yuanyang Village and transferred into construction land
24
for acquired. The land acquisition of Villager Groups 2, 3 and 4 approved in this
Subproject was only a part covered by the approval. See details in Appendix II.
(iii) On August 20, 2008, Ba’nan District Government issued the Notice on Issuing
Land Acquisition Compensation Resettlement Implementation Details in Banan,
Chongqing by Chongqing Ba’nan District Government (Banan FuFa [2008] No.76). See details in Appendix III.
(iv) On October 11, 2013, Chongqing Ba’nan District Government issued the Notice
on the Relevant Issues of Further Regulating Land Acquisition Compensation
Resettlement Rate by Chongqing Ba’nan Government (Ba’nan FuFa [2013] No.158). See details in Appendix IV.
(v) On June 27, 2014, Ba’nan District Government issued the Notice on the Collective Land Acquisition of Baihezi Village of Nanpeng Street, Yuanyang
Village and Jin’e Village of Jieshi Town. Besides, instructions were made for the scope of land acquisition, land category and area, application, four boundaries,
land acquisition compensation, agricultural personnel resettlement approach and
land ownership registration. This regulation provided the basis for increasing
compensation rates for APs displaced prior to the formal approval of LA. See
details in Appendix V.
(vi) On July 15, 2014, Ba’nan District Government issued the Notice on the Collective Land Compensation and Resettlement For Relocation of Baihezi Village of
Nanpeng Street, Yuanyang Village and Jin’e Village of Jieshi Town. Besides, specific instructions were made for the land acquisition of Villager Groups 2, 3
and 4 of Baihezi Village in the aspects of land compensation, resettlement
subsidy and currency resettlement program. This regulation provided the detailed
plan for increased compensation. See details in Appendix VI.
(vii) In August 2011, Ba’nan District Land Acquisition Office signed land acquisition and demolition agreements with APs of Villager Group 6 of Baihezi Village and
Villager Groups 2, 3 and 4 (See the typical household land acquisition
compensation agreement in Appendix VII and see the demolition compensation
agreement in Appendix VIII). Besides, land acquisition compensation and
demolition compensation were paid to the APs in time.
(viii) In 2013, after the new policy on land acquisition and demolition was issued,
Ba’nan District Land Acquisition Office made up the difference of compensation to
the APs of Villager Groups 2, 3 and 4 of Baihezi Village according to the new
policy and compensation rate (see details of made-up difference of land
acquisition resettlement from agricultural to the non-agricultural and housing
demolition resettlement in Appendix IX). In December 2014, all the additional
compensation was fully paid to AHs.
(ix) In January 2014, the Subproject owner of Chongqing Transportation Holdings
Group Co., Ltd. obtained the land ownership through bidding, auction and listing
procedures. In the process of land acquisition and demolition, and the different
25
levels of land acquisition offices (including district land acquisition office, street
land acquisition and land utilization department of Logistics Park) had specially-
assigned person to address any appeals from the public. All the grievance and
appealing channels were established and opened. There was no appeal, petition
and judicial litigation in the whole process of resettlement.
Resettlement Cost E.
(i) Details of compensation for land requisition
65. The LAR of the subproject was implemented in two stages from May 2010 to November
2011, and the LA and HD compensation were disbursed in 2011 and 2014, respectively. The
total cost of the LAR was CNY47.18 million.
66. The LAR of Villager Group 6 was involved in the first stage, and the total land acquisition
compensation was CNY258,300, including CNY30,000 for land compensation, CNY224,000 for
resettlement subsidy and CNY4,300 for comprehensive quota compensation).
67. The LAR of Villager Groups 2, 3 and 4 were involved in the first and second stages and
the total compensation, including increased compensation, was CNY46.921 million, including
CNY6.387 million for land compensation, CNY12.01 million for resettlement subsidy, CNY7.806
million for comprehensive quota compensation and CNY20.72 million for demolition
compensation). See details in Table 4-4 and Table 4-5.
Table 4-4: Land Acquisition Compensation of Villager Group 6
Land acquisition compensation
Land compensation Resettlement subsidy Young crop/
comprehensive quota In total
Amount (CNY10,000)
(%) Amount
(CNY10,000) (%)
Amount (CNY10,000)
(%) Amount
(CNY10,000) (%)
Group 6 3 11.6 22.4 86.7 0.43 1.7 25.83 100
Table 4-5: LA and HD Compensation of Villager Groups 2, 3 and 4
Land acquisition compensation
Land compensation
Resettlement subsidy
Young crop/compre- hensive quota
Housing demolition
compensation Total
Amount (CNY
10,000) (%)
Amount (CNY
10,000) (%)
Amount (CNY
10,000) (%)
Amount (CNY
10,000) (%)
Amount (CNY
10,000) (%)
Groups 2, 3 and
4 638.7 13.61 1201 25.59 780.6 16.64 2072.0 44.16 4692.1 100
26
(ii) Disbursement Procedure
68. A complete fund payment procedure was established for LAR compensation
disbursement of the Subproject. Meanwhile, a strict financial management and supervisory
mechanism was established to guarantee all compensation for the LAR was paid safely.
Chongqing Nanpeng Logistics Park transferred the compensation to Ba’nan Land Acquisition Office. For the housing demolition, ground attachment and young crop compensation, District
Land Acquisition Office signed LA and HD compensation agreements with the AHs directly, and
then the compensation was paid to individuals. 80% of the land compensation was used for the
basic pension insurance of the APs transferred from agricultural to the non-agricultural residents.
It was transferred to local labor security bureau by the land administrative department. The
remaining 20% was paid to the land-acquisitioned rural collective economic organization and
then was paid to APs equally in cash. The resettlement subsidy was disbursed to individuals
directly. APs used some of the subsidy to pay 50% of individual pension accounts of the basic
pension insurance fund, while the central and local government paid remaining 50% of the
individual pension accounts. It was found that all compensations for the LA, HD, young crop
ground attachments and resettlement were paid fully in time.
VI. INCOME RECOVERY EVALUATION AND SATISFACTION SURVEY
Sampling Survey Overview A.
(i) AHs survey overview
69. During the due diligence on the LAR of the Subproject from December 2014 to January
2015, 28 AHs out of 92 households (30.43%) were sampled. The content of survey included
family population, age structure, education background, labor force, land resource status, annual
household income, annual household expenditure, etc.
(ii) Survey method
70. A questionnaire survey method was used. Sampled AHs were selected by random
sampling to fill in the survey tables in detail so as to understand the basic income and
expenditure of APs and concerns and satisfaction of the LAR, the opinion and view to
resettlement. Meanwhile, interviews with the related personnel of Chongqing Ba’nan Land Acquisition Office, Nanpeng Land Acquisition Office, the Land Utilization Department of
Nanpeng Logistics Park, Baihezi Village Committee and the villager groups were conducted to
understand the relevant policies and specific actions of the local government to the LAR and
compensation.
27
Survey Results of Sample Ahs B.
(i) Basic Survey of Family Characteristics
71. The total population of the surveyed 28 AHs is 94 persons, and 3.36 persons for each
household on average, including 49 female persons, accounting for 52.1% of the total
population, 52 laborers, accounting for 55.3%. They are all rural residents. Most of young adults
were working in other places or doing business in the local place. The elders were doing
household duties and looking after children at home, and were engaged in simple agricultural
production. As the project area is located near the urban area of Chongqing, there are a lot of
job opportunities, and most of young adults are working in those urban places.
(1) Age structure and gender analysis
72. The age distribution of the surveyed population is 22 people are below 18 years old,
accounting for 23.4% of the total population, as presented in Table 5-1 for details.
Table 5-1: Age Statistical Characteristics of Sampling Population
Age
Male Female Total
Quantity (person)
% Quantity (person)
% Quantity (person)
%
≤18 years old 10 22.22 12 24.49 22 23.40
18-60 years old 24 53.33 23 46.94 47 50.00
≥60 years old 11 24.45 14 28.57 25 26.60
Subtotal 45 100 49 100 94 100
Labor force 28 53.85 24 46.15 52 100
(2) Analysis on education background
73. The sampling persons with primary school and below was 27 persons, accounting for
28.72% of the total population, as presented in Table 5-2 for details.
Table 5-2: Education Statistical Characteristics of Sampling Population
Education background
Male Female Total
Quantity (person)
% Quantity (person)
% Quantity (person)
%
Primary school and below
12 26.67 15 30.61 27 28.72
Junior high school
22 48.89 25 51.02 47 50.00
Senior high school and
11 24.44 9 18.37 20 21.28
28
Education background
Male Female Total
Quantity (person)
% Quantity (person)
% Quantity (person)
%
above
Subtotal 45 100 49 100 94 100
(ii) Cultivated Land Changes
74. 100% of contracted cultivated land of the sampling households was acquired by the
Subproject. They have to transfer to urban residents and engage non-agricultural work.
Table 5-3: Contracted Land Change of Sampling Households
Household No.
Household population
(person)
Labor force (person)
Cultivated area (mu)
Before land acquisition
After land acquisition
Variation
1 4 2 5.2 0 -5.2
2 4 2 3.8 0 -3.8
3 3 2 3.6 0 -3.6
4 2 1 2.7 0 -2.7
5 5 3 6.1 0 -6.1
6 4 2 5.2 0 -5.2
7 4 2 3.9 0 -3.9
8 3 1 2.3 0 -2.3
9 3 2 3.5 0 -3.5
10 3 2 3.9 0 -3.9
11 5 3 6.2 0 -6.2
12 2 1 2.0 0 -2.0
13 5 2 5.1 0 -5.1
14 2 2 1.4 0 -1.4
15 2 0 2.2 0 -2.2
16 4 2 5.4 0 -5.4
17 5 3 4.3 0 -4.3
18 2 2 2.6 0 -2.6
19 4 2 5.1 0 -5.1
20 3 2 3.6 0 -3.6
21 3 2 3.9 0 -3.9
22 4 2 2.8 0 -2.8
23 4 2 5.2 0 -5.2
24 3 2 2.7 0 -2.7
25 4 2 3.9 0 -3.9
26 2 1 2.4 0 -2.4
27 3 2 2.8 0 -2.8
29
Household No.
Household population
(person)
Labor force (person)
Cultivated area (mu)
Before land acquisition
After land acquisition
Variation
28 2 1 1.8 0 -1.8
Total 94 52 103.6 0 -5.2
Average 3.36 1.86 3.70 0 -3.70
Income and Expenditure of Sample AHs C.
(i) Income and expenditure before resettlement
75. As presented in Table 5-4, the average annual household income of surveyed 28
households before the LA was CNY91,915. As most of young and middle-aged adults were
working as non-agricultural laborers in other places, only a small part of middle aged and elderly
people were engaged in agriculture. Therefore, the income from migrant laborers was the
majority of family incomes, and agricultural income occupied a small proportion, only CNY7,105.
The income structure of sampled AHs before the LA is presented in Figure 5-1.
76. The total annual average household expenditure of sampled AHs before the LA was
CNY69,266.07 (Table 5-4). The expenditure structure of sampled AHs before the LA is
presented in Figure 5-2.
Table 5-4: Per Capita Annual Income and Expenditure Structure before Land Acquisition
Item Amount (CNY) Structural proportion
(%)
Annual family income
Income from working and business
79,240.64 86.21
Agricultural income 7,105.09 7.73
Other income 5,570.10 6.06
Total 91,915.83 100
Annual family expenditure
Agricultural expenditure
5,756.01 8.31
Living expenditure 55,115.01 79.57
Other expenditure 8,395.05 12.12
Total 69,266.07 100
30
Figure 5-1: Income Structure of Sampled AHs before Land Acquisition
Figure 5-2: Expenditure Structure of Sampled AHs before Land Acquisition
(ii) Income and expenditure after land acquisition
77. The income and expenditure of sampled AHs after the LA is presented in Table 5-5. The
average annual household income of sampled 28 families was CNY127,670.96, including the
income from business of CNY95,817, and other income of CNY31,853.9. 27 APs from 19
households have received the pension insurance of at least CNY550 per month after the LA.
After the LA, most of the APs moved to the center of the town or urban area, which is about 1.5
km from their previous houses. Original villager groups have been changed to urban
communities. The urban communities are equipped with necessary facilities. Their income
increased greatly. Some APs who initially stayed at home used their spare time to do part-time
job in the town, and get some income. The per capita net income of sampled AHs after the LA
was CNY12,548. The income structure of sampled AHs after the LA is shown in Figure 5-3.
31
78. The average annual household expenditure of sampled AHs after the LA was
CNY85,509.68, including living expenditure of CNY69,348.35. The expenditure structure of
sampled AHs after the LA is shown in Figure 5-4.
Table 5-5: Average Annual Income and Expenditure Structure after Land Acquisition
Item Amount (CNY) Structural proportion (%)
Annual family income
Income from working and business
95,817.06 75.05
Agricultural income 0 0
Other income 31,853.90 24.95
Total 127,670.96 100
Annual family expenditure
Agricultural expenditure 0 0
Living expenditure 69,348.35 81.10
Other expenditure 16,161.33 18.90
Total 85,509.68 100
Figure 5-3: Income Structure of Sampled AHs after Land Acquisition
Figure 5-4: Expenditure Structure of Sampled AHs after Land Acquisition
32
(iii) Sampled AHs Income Recovery Analysis
79. The survey results showed that the income of sampled AHs increased after the LA, which
means that the income and living conditions of the families improved as a whole after the
compensation and resettlement. Meanwhile, the proportion of agricultural income to the total
household income of AHs decreased to zero due to 100% land loss after the LA, but the
proportion of business income and other income increased. Besides, after the APs transferred to
non-agricultural residents, most of them bought the pension insurance and some already
received the pension monthly. The pension insurance provided the important part of the family
income. Although they lost their farmland and income from agricultural production after the LA,
their living conditions got guaranteed and even improved. In conclusion, the income of APs was
recovered and improved effectively.
House Relocation D.
80. In the sampled households, 19 households were affected by the HD of the Subproject. 17
out of the 19 households intended to buy the unified constructed preferential resettlement
apartments offered by the Logistics Park. At present, 9 households have bought and moved into
the apartments, while other 8 households have bought and plan to move into the apartments in
June-July 2016. Besides, the remaining 2 households are working in urban area of Chongqing
and they have already bought apartments in urban area.
81. There is a map to show the resettlement relocation area. It is in the center of the
Nanpeng Street. Point A is the location of the resettlement area.
Satisfaction Survey and Analysis E.
82. Table 5-9 presented satisfaction of AHs about policy publicity, compensation rate and
resettlement implementation method in the process of the LAR.
Table 5-6: Surveyed Family Satisfaction
Answer
Satisfaction proportion on each level (%)
Information disclosure and policy publicity
Land acquisition compensation rate
Resettlement program
implementation
Income recovery
Very Unsatisfied
0 0 0 0
Not satisfied 4 0 12 0
Normal 24 32 24 28
Satisfied 48 56 44 56
Very satisfied 24 12 20 16
Total 100 100 100 100
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83. It can be seen that the degree of satisfaction of AHs on the LAR and compensation is
very high. Only one household was not satisfied with the implementation of policy publicity and
resettlement method, they thought some of the policy was so difficult to understand and it would
be better if the local government could provide them booklet with more detailed and
understandable information; and three households were not satisfied with the possession date of
preferential resettlement apartments, because they thought the construction of the resettlement
apartments took too long time.
Interview Record F.
84. In order to understand the production and living conditions recovery of APs after the LA,
interviews with APs were conducted during the survey. Some records of interview contents are
presented as follows:
December 11, 2014
Interview I: Interviewed Person: Secretary Lu of Baihezi Village
Baihezi Village is attached to Nanpeng Town of Ba’nan District, Chongqing Municipality. It has 1,837 households (5,265 people). Before the resettlement, we mainly produced agricultural
products such as rice and corn, and the income level was not high. Generally speaking, our
villagers supported to the land acquisition. There was no petition case in process of the land
acquisition because we did work well. Besides, we got honored by the city. Our village signed
the land acquisition agreement with the Land Acquisition Office. At present, the LA has been
finished, and compensation has been paid.
Interview II: Interviewed Person: Director Mao of Villager Group 2 of Baihezi Village
There are 276 people (76 households) who are agricultural APs in our community, of which 126
people are of laborers. Before the LA, laborers did migrant work and farming. After the LA,
almost all the laborers go to local or other places to do non-farm work, which is mainly about
construction industry and local factories. People who stay at home are the aged and children.
With the compensation for the LAR, their living conditions have been improved. The influence of
the LA is not large on the village. I think it can promote our economic development. Our village
will be developed well with good basic engineering.
Interview III: Interviewed Person: Representative of APs- Yu Yufa
Living for many years in this village, I know idea of villagers and the situation. I for sure support
the national development. Our country wants to use our land for construction, no problem.
Although we will have no land after the LA, we can go to work or do business with our labor
force. Besides, some compensation can be paid for the aged and children, and their living
conditions can also be improved. Besides, we have social insurance that we don’t worry much. I
34
feel my life is better than it before the LA. Previously, we were self-sufficient. But now, we can
buy everything, and the living condition is better. What’s more, our clothes are cleaner.
85. The main reason why family income increased after the LA is because the AHs obtained
the compensation for the LAR. Besides, after the APs transferred from agricultural production to
non-farm work, their income increased. However, with the LA, the self-sufficient way of life was
destroyed, which also increased expenditure. Generally speaking, the living conditions of APs
were improved, and APs were supportive to the project.
Compensation and Resettlement Evaluation G.
86. Based on the survey and above analysis, the family income, expenditure and per capita
net income of sampled AHs somewhat increased after the LAR compared with it before, which
means that the income and living conditions of APs were recovered and improved effectively.
Most of the sampled AHs are satisfied with the compensation rates and LAR implementation,
and are supportive to the Subproject.
VII. INFORMATION DISCLOSURE AND GRIEVANCE REDRESS
Information Disclosure and Negotiation A.
87. According to the LAR policy and regulation of Ba’nan District of Chongqing, in order to protect the legal interests of APs and reduce dissatisfaction and disputes, the measures of
information disclosure and negotiation were taken in the preparation and implementation stages
of the LAR of this Subproject. Opinions from government departments, village committee and
APs were taken into consideration extensively, and the LAR and compensation policies were
open and transparent.
88. After the LA was approved by the State Council and Chongqing Municipality Government
according to the relevant laws and regulations, the information on the land acquisition
institutions, land approval number, impact scope and area of the LA, compensation rates,
resettlement for agricultural APs, and schedule of the LA were announced on Nanpeng Street
and Baihezi Village by the implementation organization of Ba’nan District Government. Land use rights certificates were requested to make land acquisition compensation registration in Nanpeng
Street Office. Ba’nan Land Acquisition Office drew up a LAR scheme with the related departments according to the land acquisition scheme approved, and announced in Nanpeng
Street and Baihezi Village. Besides, opinions from the affected rural collective economic
organization were adopted.
89. Relevant implementing departments of the LAR abided by principles of open, fair and
35
justify in process of the LAR and compensation. Policies and regulations involved in the LAR and
compensation scheme were read and propagandized through various levels of meetings. Issues
related to the LAR and compensation were extensively consulted and negotiated, and the
meeting content was recorded in details.
90. During May and August, 2011, Ba’nan District Government, Ba’nan Land Acquisition
Office, Management Committee of the Logistics Part and all the villager groups participated in
the announcement broadcast of the LAR. Besides, all aspects related to the LAR and
compensation were extensively propagandized, and opinions and ideas of APs to resettlement
and recovery modes were fully understood.
Photo 6-1: Announcement in Villager Group 6 of Baihezi Village
Photo 6-2: Announcement in Villager Groups 2, 3 and 4 of Baihezi Village
36
91. On November 10, 2014, Village Groups 2, 3, 4 and 6 of Baihezi Village held a
representative meeting of all villagers. During the meeting, issues concerned for the allocation
scheme of 20% of the land acquisition compensation paid to the villager groups were discussed,
and the allocation scheme was confirmed and signed by the households without dispute.
Photo 6-3: Representative Meeting of Villagers
Grievance Redress B.
92. In the process of implementing LAR, there was a complete grievance redress system,
including village community, street administrative office, district land acquisition office, petition
bureau and court. See the details of appeal procedures as follows:
Stage 1: If APs are not satisfied with the LAR implementation, they can submit
oral or written appeal to the Baihezi Village Committee. If it’s oral appeal, it should be disposed and recorded in written by village committee. And it should
be solved within 2 weeks by village committee.
Stage 2: If the APs are still not satisfied with the disposal decision of Stage 1,
they can submit oral or written appeal to Nanpeng Administrative Street Office
after the decision is received. If it’s oral appeal, it should be disposed and
recorded in written by Nanpeng Administrative Street Office. The decision of
disposal should be made within 2 weeks by the street office.
Stage 3: If the APs are still not satisfied with the decision of Nanpeng
Administrative Street Office, they can submit to Ba’nan Land Acquisition Office or Petition Office after the decision is received, and the decision of disposal should
be made within 2 weeks by District Land Acquisition Office. Reply is required
from Petition Office within 1 week, or it can be transferred to Land Acquisition
Office to address specifically.
37
93. APs can go to civil court according to civil procedural law at any time.
94. APs can present appeal aimed any aspects of the LAR, including compensation rates
and resettlement scheme, etc. The appeal approaches mentioned above have been announced
to APs through meeting and other ways. Besides, the opinions and suggestions to the LAR in
various aspects were prepared as an information article.
95. During the LAR implementation, the compensation rates of the LAR were consistent with
the laws and regulations mentioned in the report above, and the compensation was issued in full
amount. The satisfaction of APs on the LAR was high, and there was no appeal and complaint
record specifically. Small issues were resolved at the village level without formalities. The APs
are familiar with the appeal procedures during implementation of the LAR. Besides, their
dissatisfaction can also be solved actively through appeal channel to protect their interests. For
some problems such as physical quantity ignored to be registered or incorrect registration, they
can be corrected and registered again. Thus, there was no significant dissatisfaction. For
example, while measuring the cultivated land of one AH, 0.3 mu of land was not registered. After
the village committee was informed, re-measurement and registration were made immediately.
For another AH whose 30 m2 of post and panel structural house was registered as earth
structure, after village committee was informed, the registration information was verified and
corrected immediately, and the APs were satisfied.
Evaluation C.
96. Special persons were assigned to deal with appealing opinions of APs in each level of
the land acquisition office (including district and street land acquisition offices, and land
utilization department of the Logistics Park), and appeal channels is clear and open to APs
during the LAR implementation. There were no cases resulted in appeal, petition and judicial
lawsuit caused by the LAR. It was considered that full public participation and consultation, open
and transparent complaint and appeal mechanism, and fair and reasonable compensation
played a positive role in process of the LAR implementation.
38
VIII. CONCLUSIONS AND SUGGESTION
Conclusion A.
97. Land Approval and Land Acquisition. According to the Land Administration Law of the
PRC and relevant resettlement policies and regulations of the PRC and CMG, any departments
or individuals who plan to use land for construction activities must apply and get approval for
using state-owned land. Based on the policies used in the LAR and the LAR implementation
procedure, this Subproject met the procedural requirements for the construction land acquisition
of the PRC, Chongqing Municipality and Ba’nan District. In this project, the official document on
land application for 5 mu land of Village Group 2 is still under processing. It’s scheduled that official reply to the land use will be surely obtained in the end of 2015.
98. Impacts of Land Acquisition and House Demolition. This Subproject involved LA of a
total of 356.84 mu of rural collective land and HD of a total of 9,004.3 m2 of residential houses.
324 people from 92 households are affected by the Subproject, among them 167 people from 46
households affected by the LA and HD, and 157 people from 46 households affected by only LA.
All compensation for the LAR of this Subproject has been paid in full amount, including the
increased compensation after the new policies are issued.
99. The annual agricultural income loss due to the LA is CNY2,833 for each affected
household on average. However, after the LA, their annual household income has increased at
least CNY25,000-30,000 by different resettlement and recovery measures such as (i)
employment assistance by each level of government of Ba’nan District, (ii) new jobs have been offered to at least one person of each affected household, and (iii) enjoying the pension
insurance system the same as retired urban enterprise employees (workers). Since the APs live
near the urban areas, almost young APs have jobs and they did not conduct farming activities
previously. The income from agricultural is limited, thus the impacts of LA on their standard of
living are limited. Since the LA started 4 years ago, their income levels have increased with the
development of the urban economy.
100. By 22 September 22 2015, 22 out of all 46 AHs have moved into resettlement
apartments or bought apartments in different places in market prices. The remaining 24 affected
households are still waiting to buy new resettlement apartments. It is scheduled that they shall
move into the unified constructed resettlement apartments in June-July 2016.
101. Implementing Agency. Staffs of land acquisition and resettlement offices at different
levels have rich working experience in LAR. They are qualified and full-time working on the LAR.
Besides, they are familiar with policies, laws and regulations related to the LAR, and LAR
procedures. In this Subproject, efficiency on the organization and implementation of the LAR is
high.
39
102. Compensation Policy and Resettlement. The LAR of this Subproject were
implemented according to relevant laws and regulations, including the Notice on Issuing Land
Acquisition Compensation Resettlement Implementation Details in Ba’nan, Chongqing by Chongqing Ba’nan District Government (Ba’nan FuFa [2008] No.76), the Notice on the Relevant
Issues of Further Regulating Land Acquisition Compensation Resettlement Rate by Chongqing
Banan Government (Ba’nan FuFa [2013] No.158) and the Notice on Issuing Land-requisitioned
Personnel Basic Pension Insurance Trial Method from Agricultural to Non-agricultural before
December 31, 2007 and Newly Land-requisitioned Personnel Basic Pension Insurance Trial
Method from Agricultural to Non-agricultural on January 1, 2008 by Chongqing Government
(Chongqing FuFa [2008] No.26). The regulations were formulated according to the PRC’s Land Administration Law by the CMG combining with the actual practices. This Subproject was strictly
executed in accordance with the laws and regulations and with high transparency. Also,
Chongqing has preferential policies to help farmers urbanize.
103. Resettlement and Recovery Measures. Compensation and resettlement agreements
with the APs were signed before the LAR based on compensation policies and physical measure
of affected land, houses and ground attachments. In the process of resettlement, various
approaches such as cash resettlement, government offering preferential apartments, non-
agricultural economic development measures, rural collective public welfare and infrastructure
improvement measures were used to resettle APs, which promoted the development for the
production and life of APs and guarantee the long-term livelihood for the APs.
104. Public Participation and Complaint Appeal. In the process of the LAR, the
announcement was released and mobilization meeting was held to receive ideas, comments and
suggestions from APs. Special persons of the street land acquisition office and the land
utilization department of the Logistics Park were assigned to solve the appeal and opinions of
APs. Besides, the channel of complaint and appeal mechanism is clear, transparent and efficient
to APs.
105. Evaluation on Resettlement. At present, the full amount of the LAR compensation has
been paid directly to AHs or relevant governmental agencies for the pension insurance of APs.
24 AHs are waiting for the resettlement apartments constructed by the Logistics Park.
Further Actions to be Taken B.
106. In order to make sure that the resettlement activity can be finished successfully, and the
project construction can be started as scheduled, an external monitoring evaluation mechanism
will be established so as to ensure that all the remaining affected HHs have moved to new
apartments in a timely manner. Monitoring and evaluation report will be submitted to Chongqing
ADB Office semiannually from December 2015 until all resettlement measures have been
successfully implemented. Specifically, actions to be taken include:
40
(i) Ensure the remaining 24 displaced households have moved into new apartments
by July 2016;
(ii) Ensure all infrastructure facilities for the resettlement site are completed and
inspected;
(iii) The remaining 107 APs will be transferred to urban registration before December
2015;
(iv) 40 unskilled jobs will be provided by the Nanpeng Logistics Park by July 2016;
(v) Monitor living standards of AHs annually for two years (2015 and 2016) to ensure
they are better off and have stable livelihoods, especially the “4050” group; (vi) Monitor how the relocated rural households have adjusted to the urban
environment, and how this has impacted the community social network; and
(vii) Conduct a final resettlement completion audit and address any remaining issues
identified by December 2016.
107. The above actions will be implemented and monitored by the Nanpeng Land Acquisition
Office and reported to the PMO and then to ADB. The PMO will also engage an external monitor
to verify the progress and conduct follow-up surveys on a representative sample of the affected
households to confirm that resettlement has been completed satisfactorily. External monitoring
reports will be submitted semi-annually to the PMO and ADB.
41
APPENDIX I: APPROVAL OF AGRICULTURAL LAND TRANSFER AND ACQUISITION FOR
CONSTRUCTION OF CIRCLE EASTERN SECTION AND SOUTH SECTION OF EASTERN
AVENUE OF CHONGQING ROAD LOGISTICS BASE
Official Reply of Chongqing Municipality People’s Government on Farming-land Transfer and Land Acquisition Used for Constructing the Project of Circle Eastern Section of Chongqing Road Logistics Base and Eastern Avenue Southern Section in Ba’nan District (Villager Group 6) (Chongqing Government, YuFuDi [2011] No. 1121) Banan District Government: Your Request for Approval on Farmland Conversion and Land Acquisition for the East Segment of the Road around the Chongqing Highway Logistics Base and the South Segment of Dongcheng Avenue (BDF [2010] No.188) has been received. Our reply is as follows: 1. We hereby approve your farmland conversion program, farmland supplementation program, land acquisition (LA) program and land supply program, which will be implemented by you. 2. You’re approved to convert 39.1344 hectares of farmland (including 25.6092 hectares of cultivated land) in Groups 1, 5, 6, 7, 8, 9 and 17 of Zhongwan Village, Jieshi Town, and the collective, and Groups 6, 11, 13, 16 and 17 of Baihezi Village, Nanpeng Sub-district into construction land, and acquire it, and acquire 7.6339 hectares of collective construction land separately. A total of 46.7683 hectares of construction land has been approved. After the completion of farmland conversion and LA according to law, the land administration department will supply land according to the applicable regulations. 3. You’re approved to convert 35 rural residents in Group 1, two in Group 5, 19 in Group 6, 14 in Group 7, 22 in Group 8, 31 in Group 9, and 18 in Group 17 of Zhongwan Village, Jieshi Town, and 37 in Group 6, 15 in Group 11, 41 in Group 13, 47 in Group 16, and 77 in Group 17 of Baihezi Village, Nanpeng Sub-district (totaling 359) into urban residents, resettle them properly according to law, and cover basic endowment insurance for those eligible among them. 4. Please further implement the farmland supplementation program, and take effective measures to improve the quality of the 25.6092 hectares of farmland that has been supplemented. 5. Please compensate for the acquired land and resettle the affected persons (APs) in strict conformity with the Regulations on the Implementation of the Land Administration Law of the People’s Republic of China (PRC), Decree No.10 of the Ministry of Land and Resources, Decrees [1999] No.53 and No.55 of the Chongqing Municipal Government, and Documents CMG [2008] No.45 and CMG [2008] No.26. 6. Please report the implementation of compensation and resettlement for LA, and the supply of construction land to the municipal land and housing administration bureau for reference timely. Attachment: Classified Statistics of Acquired Land, and Statistics on Rural Residents Converted into Urban Residents
Chongqing Municipal Government
42
October 9, 2011
43
44
APPENDIX II APPROVAL OF AGRICULTURAL LAND TRANSFER AND ACQUISITION FOR
BA’NAN DISTRICT IMPLEMENTING URBAN PLANNING CONSTRUCTION
Official Reply of Chongqing Municipality People’s Government on Implementing Urban Planning and Construction Farming Land and Land Acquisition in Ba’nan District (Villager Groups 2, 3 and 4) (Chongqing Government, YuFuDi [2013] No. 1623) Banan District Government: Your Request for Approval on Farmland Conversion and Land Acquisition for Urban Planning and Construction (BDF [2013] No.185) has been received. Our reply is as follows: 1. We hereby approve your farmland conversion program, farmland supplementation program, and LA, which will be implemented by you. 2. You’re approved to convert 46.3482 hectares of collective land (including 31.0031 hectares of cultivated land) in Groups 1, 2, 3, 4, 6, 7 and 8 of Baihezi Village, and Group 9 of Yuanyang Village, Nanpeng Sub-district into construction land together with 0.3110 hectare of collective unused land, acquire the above land tougher with 1.9655 hectares of collective construction land. 48.6247 hectares of construction land has been approved in total. After the completion of farmland conversion and LA according to law, the land administration department will supply land according to the controlling detailed plan of this area. 3. You’re approved to convert one rural resident in Group 1, 54 in Group 2, 78 in Group 3, 7 in Group 4, 106 in Group 6, one in Group 7, and 4 in Group 8 of Baihezi Village, Nanpeng Sub-district, and 70 in Group 9 of Yuanyang Village (totaling 321) into urban residents, resettle them properly according to law, and cover basic endowment insurance for those eligible among them. 4. Please further implement the farmland supplementation program, and take effective measures to improve the quality of the 31.0031 hectares of farmland that has been supplemented. 5. Please go through the woodland occupation approval formalities with the competent department for forestry before going through the construction land use formalities in accordance with the Forest Law, etc. 6. Please compensate for the acquired land and resettle the APs in strict conformity with the Regulations on the Implementation of the Land Administration Law of the People’s Republic of China (PRC), Decree No.10 of the Ministry of Land and Resources, Decrees [1999] No.53 and No.55 of the Chongqing Municipal Government, and Documents CMG [2008] No.45, CMG [2008] No.26 and CMG [2013] No.58. 7. Please report the implementation of compensation and resettlement for LA to the municipal land and housing administration bureau for reference. Attachment: Classified Statistics of Acquired Land, and Statistics on Rural Residents Converted into Urban Residents
Chongqing Municipal Government December 16, 2013
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APPENDIX III: NOTICE ON ISSUING LAND ACQUISITION COMPENSATION
RESETTLEMENT IMPLEMENTATION DETAILS OF BA’NAN DISTRICT
Notice on Issuing Land Acquisition Compensation Resettlement Implementation Details in Ba’nan, Chongqing by Chongqing Ba’nan District People’s Government (Ba’nan FuFa [2008] No.76) Township governments, sub-district offices, all departments of the district government, and competent authorities: The Implementation Rules for Land Acquisition Compensation and Resettlement in Ba’nan District were adopted at the 25th executive meeting of the district government on July 16, 2008, and are hereby issued to you for implementation.
October 20, 2008 Implementation Rules for Land Acquisition Compensation and Resettlement in Ba’nan District Chapter 1 General Provisions Article 1 These rules have been developed in accordance with the applicable laws and regulations of the PRC, and the Land Acquisition Compensation and Resettlement Measures of Chongqing Municipality (Decree No.55 of the Chongqing Municipal Government), Notice of the Chongqing Municipal Government on Adjusting Land Acquisition Compensation and Resettlement Policies (CMG [2008] No.45), and based on our district’s practical situation to protect the lawful rights and interests of affected organizations and individuals, and conduct LA compensation and resettlement properly. Article 2 These rules apply to compensation for all collective land, and the resettlement of people and housing within our district. Article 3 The district government shall establish an LA leading group to take charge of the leadership of LA compensation and resettlement. The land administration department shall be responsible for the administration of LA compensation and resettlement, and entering into agreements on LA contracting agreements. The LA management office shall participate in the execution of LA agreements, implement LA compensation and resettlement specifically, and construct and allocate resettlement housing under the direction of the land administration department. The labor and social security department shall be responsible for the employment training, service and social security of APs converted from rural status to urban status. The civil affairs department shall be responsible for the minimum living security for eligible APs converted from rural status to urban status. The public security department shall provide household registration information of APs, and conduct household registration, review, approval and counting properly. The agriculture department shall direct and supervise the allocation, use and management of properties within the affected collective economic organization, and the adjustment of land contracting and management rights.
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The finance department shall disburse subsidies and funds for basic endowment insurance. The construction, planning and housing administration departments shall be responsible for the site selection, construction, quality control and title registration of resettlement housing. The auditing and supervision departments shall supervise and inspect the implementation of LA compensation and resettlement policies. All township governments and sub-district offices shall assist the land administration department and district LA management office is completing LA compensation and resettlement, and the social security of APs. Article 4 For acquired land, land compensation, resettlement subsidy, and compensation for young crops, ground attachments and buildings shall be paid according to law. Article 5 Land compensation shall be based on acquired land area, and the compensation rate for land in Tier-1 areas is 16,000 yuan/mu, that for land in Tier-2 areas 15,000 yuan/mu, and that of land in Tier-3 areas 14,000 yuan/mu. 80% of land compensation shall be used to cover basic pension insurance for employees of urban enterprises for APs, and distributed by the land administration department to the labor and social security department, while the balance of 20% shall be paid to the affected rural collective economic organization for collective economic development, and production and living arrangements for its members. Article 12 Ground attachments shall be compensated for at fixed rates. Attachments within the range of LA shall be compensated for at 10,000 yuan/mu for Tier-1 areas, 8,000 yuan/mu for Tier-2 areas and 6,000 yuan/mu for Tier-3 areas. Compensation fees shall be paid by the LA management office to villages and groups, and fully paid to the affected households. Article 15 If all land of a collective economic organization is acquired, all members of such organization shall be converted into urban status. If part of the land of a collective economic organization is acquired, the population to be converted into urban status shall be the sum of acquired cultivated area and half of non-cultivated area divided by the per capita cultivated area of such organization. Per capita cultivated area shall be cultivated area (excluding acquired cultivated area) registered on the certificate of title to collective land divided by the population of such organization. If part of the land of the collective economic organization is acquired, and its remaining per capita cultivated area is less than 0.5 mu, an affected household may apply for additional population to be converted into urban status until its remaining per capita cultivated area is 0.5 mu or more. Article 15 Establishing a basic living security system for APs converted from rural status Rural residents affected by LA shall be included in basic pension insurance for employees of urban enterprises after registration as urban residents. Eligible APs converted from rural status shall be covered by minimum living security for urban residents by the civil affairs department.
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Chapter 4 Housing Resettlement Article 20 Rural residents converted into urban status and affected by house demolition who have a certificate of title to collective land and a certificate of title to rural house before the date of issue of the LA announcement shall be subject to housing resettlement. Article 21 The following people shall not be eligible for housing resettlement:
1. Rural residents affected by house demolition but not converted into urban status out of the urban planning area;
2. Rural residents not affected by house demolition; and 3. Urban residents having acquired title to rural houses by trading, inheritance, donation,
etc., except those who have no house in town. Article 22 The per capita building area for rural residents converted into urban status and affected by house demolition shall be 30 m2, and the building area of a natural room shall be 15 m2. Article 23 Housing resettlement shall be implemented in the mode of cash compensation or preferential purchase of uniformly constructed housing. Article 24 In case of cash compensation, the LA management office shall enter into a compensation agreement with the household, pay compensation at a time, and grant a subsidy for simple decoration. If the old house is demolished within the specified time, a reward shall be granted. Cash compensation = building area subject to resettlement × (compensation rate + simple decoration subsidy) In case of cash compensation, no subsidy shall be granted, but a moving subsidy of 2,000 yuan per capita shall be granted. Article 25 Preferential purchase of uniformly constructed housing: In case of preferential purchase of uniformly constructed housing, a household shall apply for the purchase of resettlement housing at a preferential price with the LA management office. Any excess size of not more than 5 m2 shall be purchased at 50% of basic cost price; and any excess size of over 5 m2 shall be purchased at integrated cost price. Any deficient size of not more than 5 m2 shall be compensated for at 50% of basic cost price; and any deficient size of over 5 m2 shall be compensated for at integrated cost price.
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APPENDIX IV: NOTICE ON RELEVANT ISSUES OF FURTHER REGULATING LAND
ACQUISITION COMPENSATION RESETTLEMENT RATES OF BA’NAN DISTRICT
Notice on the Relevant Issues of Further Regulating Land Acquisition Compensation Resettlement Rate by Chongqing Ba’nan Government (Ba’nan FuFa [2013] No.158) Township governments, sub-district offices, all departments of the district government, and competent authorities: In light of the Notice of the Chongqing Municipal Government on Further Adjusting Land Acquisition Compensation Rates (CMG [2013] No.58), relevant matters are hereby notified as follows: I. Adjustment of LA compensation rates
1. Land compensation and resettlement subsidy Land compensation shall be based on land area approved for acquisition, regardless of
land type and area, being 18,000 yuan/mu. Resettlement subsidy shall be based on agricultural population to be resettled in
nonagricultural sectors, being 38,000 yuan per capita. 2. Compensation for rural houses, young crops and ground attachments
Young crops and ground attachments shall be compensated for at a fixed rate of 22,000 yuan/mu for land area approved for acquisition minus rural housing land area. Moving subsidy shall be 800 yuan per household for any household with 3 or less members, or 1,000 yuan per household for any household with 4 or more members. Housing land subsidy for households subject to self-demolition and self-reconstruction shall be 6,000 yuan per household for any household with 3 or less members, 8,000 yuan per household for any household with 4 members, and 10,000 yuan per household for any household with 5 or more members. II. This notice shall come into effect from January 1, 2013, and shall prevail if any former LA compensation rate differs from this notice. III. Issues arising from the implementation of this notice shall be interpreted by the district land and resources bureau. Attachment: Compensation Rates for Demolished Houses on Acquired Collective Land in Ba’nan District
Ba’nan District Government October 11, 2013
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Attachment: Compensation Rates for Demolished Houses on Acquired Collective Land in Ba’nan District
Unit: yuan/m2 Structural type Detailed structure Compensation rate
Reinforced concrete Frame (shear wall) cast-in-situ roof 660 Masonry concrete Brick wall (ashlar) with prefabricated roof 600
Masonry timber Brick wall (board) with prefabricated roof 480 Brick wall (stone sheet) with tile roof 420 Brick wall, asbestos tile roof (or felt, fiberglass tile) 390
Earth wall Earth wall with tile roof 360 Asbestos tile roof 330
Simple Brick (stone, timber) columns, asbestos tile roof (or felt, fiberglass tile)
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Simple shed 100 Notes: 1) Houses with a floor height of below 2.4m but 1.5m or above shall be compensated for at 70%. 2) Houses with a floor height of below 1.5m but 1m or above shall be compensated for at 50%. 3) Houses with a floor height of below 1m or above shall be compensated for at 20%. 4) Outer balconies shall be compensated for at 50% of the rate for houses of the same structure. 5) House size shall be based on exterior walls.
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APPENDIX V: ANNOUNCEMENT ON COLLECTIVE LAND ACQUISITION OF BAIHEZI
VILLAGE OF NANPENG STREET OFFICE, YUANYANG VILLAGE AND JIN’E VILLAGE OF
JIESHI TOWN
Announcement on the Collective Land Acquisition of Baihezi Village of Nanpeng Street, Yuanyang Village and Jin’e Village of Jieshi Town (Villager Groups 2, 3 and 4) The acquisition of collective land in Groups 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 17 of Baihezi Village, and Group 9 of Yuanyang Village in Nanpeng Sub-district, and Group 35 of Jin'e Village, Jieshi Town has been approved according to law for urban planning and construction. The relevant matters are announced as follows: I. Approval authority, time and document number LA was approved by the Chongqing Municipal Government with Documents CMGL [2013] No.1623 and CMGL [2013] No.1690 in December 2013. II. Range of LA, land types and areas In Baihezi Village, Nanpeng Sub-district, 0.0238 hectare of collective land (all being farmland) in Group 1, 8.2528 hectares of collective land (7.9773 hectares of farmland and 0.2755 hectare of construction land) in Group 2, 18.9123 hectares of collective land (18.1051 hectares of farmland, 0.5712 hectare of construction land and 0.2360 hectare of unused land) in Group 3, 0.6819 hectare of collective land (0.6544 hectare of farmland and 0.0275 hectare of unused land) in Group 4, 3.8959 hectares of collective land (3.7537 hectares of farmland and 0.1422 hectare of construction land) in Group 5, 15.1856 hectares of collective land (14.3111 hectares of farmland, 0.7391 hectare of construction land and 0.1354 hectare of unused land) in Group 6, 0.7997 hectare of collective land (all being farmland) in Group 7, 1.6368 hectares of collective land (1.5130 hectares of farmland and 0.1238 hectare of construction land) in Group 8, 0.2811 hectare of collective land (0.2429 hectare of farmland and 0.0382 hectare of unused land) in Group 9, 1.2457 hectares of collective land (1.0043 hectares of farmland, 0.2248 hectare of construction land and 0.0166 hectare of unused land) in Group 10, 1.5646 hectares of collective land (1.4345 hectares of farmland and 0.1301 hectare of construction land) in Group 11, and 22.5193 hectares of collective land (20.6975 hectares of farmland, 1.6971 hectares of construction land and 0.1247 hectare of unused land) in Group 17 will be acquired. 7.1205 hectares of collective land (6.7045 hectares of farmland and 0.416 hectare of construction land) in Group 9 of Yuanyang Village, and 2.5047 hectares of collective land (2.3295 hectares of farmland, 0.1493 hectare of construction land and 0.0259 hectare of unused land) in Group 35 of Jin'e Village, Jieshi Town will be acquired. The above land totals 84.6247 hectares. See the boundary map for details. III. Purpose of acquired land The acquired land will be used for urban planning and construction in Ba’nan District. IV. LA compensation rates and resettlement of Aps The LA compensation rates and the resettlement modes for APs shall be based on the Land Administration Regulations of Chongqing Municipality (Decree No.53 of the Chongqing Municipal Government), Land Acquisition Compensation and Resettlement Measures of Chongqing Municipality (Decree No.55 of the Chongqing Municipal Government), Notice of the Chongqing Municipal Government on Adjusting Land Acquisition Compensation and Resettlement Policies (CMG [2008] No.45), Notice of the Chongqing Municipal Government on
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Further Adjusting Land Acquisition Compensation Rates (CMG [2013] No.58), and Notice of the Ba’nan District Government on Further Adjusting Land Acquisition Compensation Rates (BDG [2013] No. 58). The LA compensation and resettlement program for this plot shall be drafted by the district land and resources bureau, and district LA management office, and submitted to the district government for approval. V. Time, period and location of registration of LA compensation and resettlement affected organizations and individuals shall go through compensation registration at the Nanpeng Sub-district LA Management Office and the Jin’e Village Committee by June 30, 2014 (the effective date of this announcement). VI. Other From the date of issue of this announcement, the public security department shall suspend household division and population inflow within the range of LA, and the competent authorities shall suspend business registration, land and house title change or transfer registration, new construction project approval, and the renewal and registration of land and attachment subcontracting, lease or operation contracts. After the date of issue of this announcement, all buildings and attachments newly built or planted shall not be compensated for.
Ba’nan District Government June 27, 2014
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APPENDIX VI: ANNOUNCEMENT ON COLLECTIVE LAND COMPENSATION AND
RESETTLEMENT FOR RELOCATION OF BAIHEZI VILLAGE OF NANPENG STREET
OFFICE, YUANYANG VILLAGE AND JIN’E VILLAGE OF JIESHI TOWN
Announcement on the Collective Land Compensation and Resettlement For Relocation of Baihezi Village of Nanpeng Street, Yuanyang Village and Jin’e Village of Jieshi Town (Villager Groups 2, 3 and 4) Through approval by Documents CMGL [2013] No.1623 and CMGL [2013] No.1690 of the Chongqing Municipal Government, 84.6247 hectares of collective land in Groups 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 17 of Baihezi Village, and Group 9 of Yuanyang Village in Nanpeng Sub-district, and Group 35 of Jin'e Village, Jieshi Town will be acquired. This program should be followed strictly by the district land and resources bureau, district LA management office, Nanpeng Sub-district Office and Jieshi Town Government.
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APPENDIX VII: SAMPLE AGREEMENT OF TRANSFER FROM AGRICULTURAL TO NON-
AGRICULTURAL RESIDENCY DUE TO LAND ACQUISITION
Resettlement Agreement for Land-acquisitioned APs Party A: Ba’nan District LA Management Office Nanpeng Sub-district Office Construction Management Committee of the Chongqing Highway Logistics Base Party B: Mao Huaming, head of a household in Group 2 of Baihezi Village, Nanpeng Sub-district The acquisition all or some of the collective land of Group 2 has been approved to accelerate the construction of the logistics base. This agreement has been entered into in accordance with Decrees [1999] No.53 and No.55 of the Chongqing Municipal Government, Document CMG [2008] No.45 and BDG [2008] No.76. 1. Party A shall convert Party B into urban status, subject Party B to cash compensation, and cover social endowment insurance for Party B. 1) Amount payable: Party A shall grant compensation of 28,000 yuan to Party B. 2) Amount deductible: Party A shall deduct 11,532 yuan for Party B to cover pension insurance. 3) 16,468 yuan shall be paid in total. 2. The above sum shall be paid by Party A to Party B within 5 working days after the effective date of this Agreement, and Party B shall assist Party A in going through the status conversion and insurance formalities, and hand over the land acquired by Party A as soon as possible. 3. This Agreement is made in triplicate, and shall come into effect upon execution by both Parties. Party A: Ba’nan District LA Management Office Nanpeng Sub-district Office Construction Management Committee of the Chongqing Highway Logistics Base Party B: Mao Huaming, head of a household in Group 2 of Baihezi Village, Nanpeng Sub-district August 2, 2011
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APPENDIX VIII: AGREEMENT ON CASH RESETTLEMENT FOR HOUSE DEMOLITION DUE
TO LAND ACQUISITION
Agreement for Cash Compensation for House Demolition Party A: Ba’nan District LA Management Office Nanpeng Sub-district Office Construction Management Committee of the Chongqing Highway Logistics Base Party B: Mao Huaming, head of a household in Group 2 of Baihezi Village, Nanpeng Sub-district The acquisition all or some of the collective land of Group 2 has been approved to accelerate the construction of the logistics base. This agreement has been entered into in accordance with Decrees [1999] No.53 and No.55 of the Chongqing Municipal Government, Document CMG [2008] No.45 and BDG [2008] No.76. 1. The total amount of compensation payable by Party A to Party B shall be 122,252.80 yuan, as detailed below: 1) Compensation for the former house: 29,587.20 yuan;
a. Building area compensation: 22,987.20 yuan for 133.28 m2; b. Moving subsidy: 600 yuan for Party B (one-member household); c. Relocation subsidy: 2,000 yuan; d. Integrated fixed-rate composition for attachments within housing land: 4,000 yuan;
2) Cash compensation (for new apartment): The total amount of cash compensation for the building area for resettlement to which Party B is entitled of 30 m2 is 92,665.60 yuan:
a. House compensation: 72,000 yuan, at a rate of 2,400 yuan/m2 b. Decoration compensation: 9,000 yuan, at a rate of 300 yuan/m2 c. Reward for cash compensation: 9,000 yuan, at a rate of 300 yuan/m2 d. Reward for house demolition: 2,665.60 yuan, at a rate of 20 yuan/m2
2. Payment The building area compensation, moving subsidy, relocation subsidy, and integrated fixed-rate composition for attachments within housing land, house compensation, and decoration compensation set out above shall be paid within 5 days after the execution hereof, totaling 110,576.20 yuan. If Party B demolishes its former house or is relocated and hands over its former house to Party A for demolition by August 31, 2011, Party A shall pay the rewards for cash compensation and house demolition totaling 11,665.60 yuan to Party B within 5 days of acceptance (receipt). If Party B surrenders the residual value of its former house to Party A voluntarily, the former house shall be demolished by Party A. All safety liability accidents arising from demolition by Party B shall be borne by Party B. 3. Party A shall be responsible for the trueness and legitimacy of the LA compensation and resettlement information submitted by it, and assume all financial and legal liabilities in connection therewith. 4. This Agreement is made in triplicate, and shall come into effect upon execution by both Parties. Party A: Ba’nan District LA Management Office Nanpeng Sub-district Office Construction Management Committee of the Chongqing Highway Logistics Base Party B: Mao Huaming, head of a household in Group 2 of Baihezi Village, Nanpeng Sub-district
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August 2, 2011
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APPENDIX IX: BALANCE COMPENSATION VERIFICATION STATEMENT BASED ON OLD
AND NEW RATES FOR RESETTLEMENT BY TRANSFERRING FROM AGRICULTURAL TO
NON-AGRICULTURAL RESIDENCY AND HOUSE DEMOLITION RESETTLEMENT
COMPENSATION
Balance compensation verification statement based on the old and new rates for land acquisition resettlement from agricultural to the non-agricultural and housing demolition resettlement compensation Head of household: Mao Huaming Mode of resettlement: cash compensation
Your differences in compensation are hereby calculated as follows pursuant to Documents CMG [2013] No.58, BDG [2013] No.158, BDLRB [2013] No.181 and BDLRB [2008] No.76: 1. Difference in compensation for status conversion
One person has been converted into urban status, with a difference in compensation of zero. 2. Differences in compensation for house demolition 1) The building area of the demolished house is 133.28 m2, all being licensed area; 2) Differences in compensation
a. Compensation for licensed area: 49,972.80 yuan under the new rate, in which 22,987.20 yuan has been received, with 26,985.60 yuan to be newly paid; b. Labor cost for demolition of unlicensed area: 0 yuan under the new rate, in which 0 yuan has been received, with 0 yuan to be newly paid; c. Moving subsidy: 800 yuan under the new rate, in which 600 yuan has been received, with 200 yuan to be newly paid; d. Purchase cost of residual value of licensed area: 2,665.60 yuan under the new rate, in which 2,665.60 yuan has been received, with 0 yuan to be newly paid; e. Reward for demolition of licensed area: 2,665.60 yuan under the new rate, in which 2,665.60 yuan has been received, with 0 yuan to be newly paid Items a-d total 27,185.60 yuan.
3. Other: difference in insurance premium withheld: 4. The gross difference to be newly paid for this household is 27,186 yuan. Calculated by: Reviewed by: Signature of household head: Leadership approval: Date: October 14, 2014
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APPENDIX X: PAYMENT NOTICE
Payment Notice No.: A0027751 Nanpeng Rural Commercial Bank: Wang Dehua (ID card No.: 510222196905237915), a member of Group 3 of Baihezi Village, Nanpeng Sub-district is drawing LA and house demolition compensation of 45,000 yuan from you. Drawer: The payee must receive its compensation with its ID card and house demolition resettlement agreement.
Ba’nan District LA Management Office December 16, 2014