Final Report - Asian Development Bank

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TA 4721-PRC: Preparing the Shaanxi-Qinling Mountains Integrated Ecosystem Management Project
Final Report Appendix 7
IV. Resettlement Issues
73. The county or city level government will prepare a compensation plan and submit to the
appropriate level land management authority for approval when the land acquisition application is
handed in. A process of public information on the compensation plan will be held before the
compensation plan is submitted for approval. Clear information should be given out to the affected
public. A hearing process should be held if any request is raised by the public.
74. QBG resettlement plan has been reviewed against the law and regulations. A discussion has
been held with the QBG. Some revision has been proposed. The resettlement plan is basically
consistent with the law and regulations with the exception of the shareholding issues discussed above.
Discussion has been held with QBG on revision and additional information. The following
recommendations require to be addressed:
� Separate land compensation and livelihood compensation in the resettlement report.
Adjust the orchard land compensation to a higher standard to reflect its real value.
Adjust idle land compensation to the standard described in the justification.
� A qualified land and building evaluation institute should provide a review on the
compensation standard proposed in the resettlement report. Alternatively full
explanation should be made to justifications the standard in the resettlement report
according to the regulations.
� Have a methodology developed for the training of the Village Committee to develop a
livelihood rehabilitation plan during the project implementation, before the land
acquisition is approved. The livelihood rehabilitation plan has to be approved by a
village meeting before it can be implemented. The rehabilitation plan should indicate
in detail how the farmers that lose their land will be arranged or assisted to recover
their livelihood. Nominate the responsible body for rehabilitation activities listed in the
resettlement report. Rehabilitation plan implementation should be included in the
monitoring system.
� There must be a commitment from QBG on providing employment opportunities for
local people on its tourism operations after completion of the physical construction in
the resettlement plan.
� There should be a clear indication in the resettlement plan about the time for public
information of the compensation plan. It should be organized before submission of the
application for approval of land acquisition. The resettlement plan should indicate that
the farmers who will be affected will have the right to ask for a hearing after the land
acquisition plan is published.
� A qualified organization on building evaluation should be requested o provide an
opinion comparing the evaluation of building compensation provided by QBG.
Alternatively all of the buildings that will be demolished should be compensated at the
current commonly used rural residential building structure standard such as brick
concrete or brick and wood.
� The compensation standard for rural residential land will not be enough to meet the
cost of purchasing a new piece of residential land. The standard should be raised to
meet the full cost of new residential land.
V. Proposed Land Rental/Share Contracts
75. The draft contract of land shareholding provided by QBG has been reviewed and is filed in
the project office for reference. Detailed analysis on legal framework of rural land management is
provided in Supplementary Appendix 3.
76. The content of the contract follows the requirement of the (i) Rural Land Contracting Act of
PRC , (ii) Contract Act of PRC, and (iii) Forestry Act of PRC.