Final Report - Asian Development Bank

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16 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.
TA 4721-PRC: Preparing the Shaanxi-Qinling Mountains Integrated Ecosystem Management Project Final Report Appendix 7 77. The following issues have been identified � The shareholder arrangement proposed by QBG is illegal in Shaanxi province. � It is not clear from the contract who is the legal entity from Dianzhen village who will sign the contract. It is implied in the contract that the administrative village will be the contractor. After the cropping land /forestry land that comes under the land conversion program has been contracted to the individual household, the administrative village does not have the legal authority to contract the land use right to anybody else. The individual household is the one holding the legal right to contract the user right of their land to the third party voluntarily. It is also not clear who will be the legal entity to sign the contract from QBG side. QBG is not a legal entity which can have a shareholder arrangement under the current situation. The sample contract provided uses the name of both QBG and Shaanxi Qinyuan Ecological Development Limited inconsistently. � The contract indicates a land area including the whole of the QBG land area. It is required by law to indicate the boundary of the land for which the user right has been put into share. It also confuses the whole picture by including land acquisition land under this contract land area. � The contract indicates that the land under the contract will be used for forestry, agriculture, research, science extension, protection and tourism. But the Rural Land Contracting Act of PRC requires that contracting of user rights for any farming land can not involve changes to the land use type. Approval is required from the Forestry Authority for any Forestry Land under Land Conversion Program to change to other land use type and change the vegetation. � Term of the contract is expressed as 50 years from the day of signing the contract. It is not consistent with the Rural Land Contracting Act of PRC which requires the transfer of land use right with in the term of the Land Use Contracting Term stated on the Land User Right Certificate. In case of Dianzhen village, it is from 1998-2027. For forestry land coming under Land Conversion Program, it is from 2003-2053. � The contract does not include a clause for compensation in the event of permanent damage made to the land. � The price for 50 year land use right proposed in the contract is low based on current government compensation for land acquisition. The justification for the proposed price is not clear. It is not clear if the villagers have been all consulted. � The Village Committee has been proposed to be the representative of the households to classify the land, determine the amount share from the fixed return and revenue return per mu, and distribute returns to the householders. This arrangement is not consistent with the Rural Land Contracting Act of PRC which requires the voluntary transfer of land use right from the households. The Village Committee does not have the authority to do this. QBG has to negotiate individually with the contracted households who hold the land use right. Alternatively, all households who voluntarily transfer their land use right to QBG through this contract have to authorize the Village Committee to negotiate on their behalf. � The contract states that arbitration will be submitted to Zhouzhi County Arbitration Commission and any legal suit to a Zhouzhi court to resolve any arguments of this contract. This is not consistent with the Act of Civil Law Suit Sue; one of the two approaches has to be chosen. � The contract does not mention the requirement of approval from forestry authority above the county level on transferring user right of collective forestry land and a logging permit for logging resulting from the transfer, which is required by Forests Management Rules of Shaanxi Province. Risks � Use of forestry land and farming land under this contract could be changed to other land use type without proper approval. � Village Committee could be the entity to sign the contract. This could result in some involuntary transferring of land use right and an increase in the need for resettlement compensation. � The capital of Shaanxi Qinyuan Ecological Development Limited should be properly valued and the land use right should to be properly valued for the shareholder arrangement, otherwise inequality between two parties could result. 17
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Technical Assistance Consultant’s
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CURRENCY EQUIVALENTS (as at 1 June
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WEIGHTS AND MEASURES 15 mu = 1 hect
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APPENDIXES (PRESENTED IN SEPARATE V
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LOAN AND PROJECT SUMMARY Borrower P
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Implementation Arrangements The Sha
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Figure 1: Map 1 - The Project Area
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ix Figure 3: Map 3 - Google Image o
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Figure 5: Map 5 - Natural Plant Hab
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Figure 7: Map 7: Shaanxi Louguantai
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II. RATIONALE: SECTOR PERFORMANCE,
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maintain ever-increasing staff leve
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(xiii) lack of national, regional,
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low salaries, poor benefits and ina
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and mature product compared to othe
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into the Province’s tourism indus
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on Land Degradation in Dryland Ecos
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CNY 37million to CNY 64million in 2
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91. Revenue will be generated throu
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100. Improved Village and Forest-ba
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plan budget. Provision for this arr
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Component Sub-component Table 4: Pr
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Table 5: Project Investment Plan ($
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Qinling National Botanical Garden (
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Position Package A: Package A -SARC
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covered in these reports. Within 6
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water supplies, (v) a program to im
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160. Other risks relate to (i) the
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was between CNY 900 and CNY 1156 pe
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183. A major lesson from tourism re
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2 Design Summary Outputs Component
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4 Design Summary Component III: Ins
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6 TA 4721-PRC: Preparing the Shaanx
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TA 4721-PRC: Preparing the Shaanxi-
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4 Indigenous People 2 TA 4721-PRC:
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2 B. Supervision TA 4721-PRC: Prepa
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GEFSEC PROJECT ID: EA PROJECT ID: C
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i) Tourism 5. One of the strongest
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14. Poor rural households had few o
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and fauna due in large part to the
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31. The Qinling Mountain ecosystem
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continuing communication among stak
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development under construction, (v)
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) Objective 50. The impact of the p
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60. The current animal rescue and e
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Source (PPTA Estimates) 69. The rev
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77. Institutional Strengthening The
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awareness and understanding of mark
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92. The main risk to the Project’
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modify the drivers of biodiversity
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Expected Project National Biodivers
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Strategic Objectives and Indicative
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after 5 years. It is suggested that
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the lessons from the Project. All m
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119. The SPG commitment is demonstr
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130. In output 1, GEF financing of
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Tracking Tool for GEF Biodiversity
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the current tourism portfolio. This
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Please answer YES or NO to each sta
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Ecological Function Conservation Ar
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ADB TA 4271 Shaanxi Qinling Biodive
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3 ADB TA 4271 Shaanxi Qinling Biodi
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11 ADB TA 4271 Shaanxi Qinling Biod
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