Final Report - Asian Development Bank

8
TA 4721-PRC: Preparing the Shaanxi-Qinling Mountains Integrated Ecosystem Management Project
Final Report Appendix 16
demolition, appropriate sum of subsidy shall be provided. The maximum duration for payment of
transition fees shall not exceed the production restoration period.
G. Land Compensation and Dividend for the Voluntarily Pooled Land within the Project
Area
29. The Project will utilize 4,039.5 mu of land area, of which 293.63 mu of land will be
expropriated, and the rest part of land, totally 3,745.87 mu, shall be utilized by the peasants within the
project area through voluntarily buying shares. The land utilization and compensation of this area
includes two aspects: the compensation for ground attachment and young crops of the pooled land;
and the policy on dividend for the pooled land. The standard for the former two items shall comply with
the relevant requirements of the national policy and ADB (Asia Development Bank).
1. Compensation and payment for the ground attachment and young crops of the
pooled land within the project area
30. According to the research report on The Project of Land Expropriation, Relocation and
Conservation of Mt. Qinling National Botanical Garden, it is preliminarily confirmed that the pooled
land is 3,745.87 mu, of which the irrigable land and dry land take up 1,186.07 mu, and hillside land
2,559.8 mu. The compensation standard for the ground attachment and young crops of the pooled
land shall conform to that of the expropriated land of the Project.
31. The pooled land shall not change its nature for agricultural use, thus all kinds of specialized
facilities on the ground of the pooled land for hydraulic work, power, communication, as well as yard,
vault storeroom shall not be ravaged or relocated. If compensation is necessary in the Project, it shall
be fulfilled in accordance with the relevant regulations of the Shaanxi Provincial People’s Government
and the real construction cost, or the alternative price.
32. The compensation and payment for the ground attachment and young crops of the pooled
land shall be fulfilled a month earlier prior to the implementation of the Project.
33. Consultation, complaints, appeal, public participation, supervision and assessment procedure
and method concerning the above-mentioned compensation standard and payment shall be in
conformity with that of the expropriated land of the Project.
2. Profit-sharing
34. According to settlement policy on pooling of land in Instruction on Consummation of Land
Appropriation Compensation System by the Ministry of Land and Resources (Guotuzifa�2004�
No.238), the Project shall acquire land-use right of 3,745.87 mu by the way that farmers are
shareholders with free will. Besides compensation of ground attachment and green seedling of
appropriated land, the original land user shall share profit. In order to protect the interest of the original
user on the appropriated land, profit sharing of the original land user shall be counted by fixed profit
sharing and revenue profit sharing.
35. The fixed profit sharing standard is CNY500 for irrigable land, CNY400 for dry land and
CNY300 for sloping land at the first year. Since the second year, sharing of each category shall be
elevated CNY20 per year.
36. From the year Mt. Qinling National Botanical Garden gains admission income, the original land
user shall enjoy operation profit sharing and the fixed profit sharing will not ascend.
37. Operation profit sharing enjoyed by the original land user is admission dividend, with the
standard of CNY7,500/mu for sloping land, CNY10,000/mu for dry land and irrigable land of
CNY12,500/mu with land-use right of 50 years to be paid for shares. Decide ticket division proportion
to be a percentage, according to the land investment proportion on the total capital stock of the
Garden.