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Unofficial translation
World Bank Office, Yining
(January 4, 2012)
World Bank Loan Xinjiang Yining Urban Transport Project
Resettlement Action Plan
(4th Draft)
People’s Government of Yining City
World Bank Loan Yining Urban Transport Project
Project Management Office
December，2011
The Letter of Commitment
The World Bank loan Yining Urban Transport Project in Xinjiang involves land requisition, demolition and resettlement. Therefore, in order to safeguard the basic interest of the displaced persons, and restore or even improve the production and living standards of the displaced persons after displacement, Yining Municipal People’s Government and Yining World Bank loan project management office, in accordance with the requirements of the World Bank Involuntary Resettlement Policy OP 4.12 and the applicable national and local laws and regulations, formulated the Resettlement Action Plan as the basis for the implementation of land requisition, demolition and resettlement of the project.
Yining Municipal People’s Government has reviewed the drafted Resettlement Action Plan, agreed to carry out works according to the requirement of the Plan, guaranteed the fees for resettlement to be in place and in full amount, and made reasonal compensations and resettlement. The Yining World Bank loan project management office is instructed to coordinate with relevant organizations to do a better job in the implementation and management of land requisition, demolition and resettlement of the project.
Yining Municipal People’s Government
Seals
Mayor (or responsible vice mayor)_______________(signature)_________date
Foreword
I Purpose of the RAP
1. RAP is formulated in accordance with applicable national and local laws and regulations, as well as the Involuntary Resettlement of the World Bank OP 4.12 policy. The purpose of the RAP is to “formulate an action plan for resettlement and restoration for project-affected people to make sure they get benefits from the project, have their living standard improved or at least restored after the completion of the project.”
II Terms
Displaced Persons
2. Based on the criteria for eligibility for compensation, “Displaced Persons May be classified in one of the following three groups:
a) those who have formal legal rights to land (including customary and
traditional rights recognized under the laws of the country);
b) those who do not have formal legal rights to land at the time the census begins but have a claim to such land or assets—provided that such claims are recognized under the laws of the country or become recognized through a process identified in the Resettlement Plan; and
c) those who have no recognizable legal right or claim to the land they are occupying.
3. Persons covered under paragraphs 2(a) and (b) are provided compensation for the land they lose, and other assistance. Persons covered under paragraph 2(c) are provided resettlement assistance in lieu of compensation for the land they occupy, and other assistance, as necessary, to achieve the objective set out in this policy, if they occupy the project areas prior to a cut-off date1 established by the borrower and acceptable to the World Bank. Persons who encroach on the area after the cut-off date[1] are not entitled to compensation or any other form of resettlement assistance. All persons included in paragraph 2(a), (b), or (c) are provided compensation for loss of assets other than land.
Compensation and resettlement measures
4. To address the following impacts of the involuntary taking of land: (i) displacement or loss of shelter; (ii) lost of assets or access to assets; or (iii) loss of income sources or means of livelihood, whether or not the affected persons must move to another location, a Resettlement Plan or a resettlement policy framework shall be prepared to cover the following:
(a) The Resettlement Plan or resettlement policy framework includes measures to ensure that the displaced persons are:
(i) informed about their options and rights pertaining to resettlement;
(ii) consulted on, offered choices among, and provided with technically and economically feasible resettlement alternatives; and
(iii) provided prompt and effective compensation at full replacement cost[2] for losses of assets attributable directly to the project.
(b) If the impacts include physical displacement, the Resettlement Plan or resettlement policy framework includes measures to ensure that the displaced persons are:
(i) provided assistance (such as moving allowances) during displacement;
(ii) provided with residential housing, or housing sites, or, as required, agricultural sites for which a combination of productive potential, locational advantages, and other factors is at least equivalent to the advantages of the old site.
(c) Where necessary to achieve the objective of the policy, the Resettlement Plan or resettlement policy framework also includes measures to ensure that displaced persons are:
(i) offered support after displacement, for a transition period, based on a reasonable estimate of the time likely to be needed to restore their livelihood and standards of living;
(ii) provided with development assistance in addition to compensation measures described in paragraph 4(a)(iii), such as land preparation, credit facilities, training, or job opportunities.
5. Cut-off date: The cut-off date of the project is 31 December 2011. After this date, the displaced persons shall not build, rebuild or expand their houses; shall not change the use of their houses and land; shall not lease their land, lease, sell or purchase their houses; and any person that moves in after this date shall not be qualified as a displaced person.
CONTENTS
Page
1. Project and Immigration Profile 1
1.1 Project background and objectives 1
1.2 Project component 2
1.3 Project preparation and RAP preparation 8
1.4 Measures to reduce resettlement 8
1.5 Identification of related projects 11
2. Impact on Project and Immigrant 12
2.1 Project Impact Sphere and Immigrant Impact Survey 12
2.2.1 Project Impact Sphere 12
2.2.2 Impact Survey 13
2.2.3 Survey Step and Procedure 14
2.2 Major Physical Item Index Affected by Project 15
2.2.1 Impact on Collective Lands Permanently Requisitioned 15
2.2.2 Impact on State-Owned Lands Being Permanently Requisitioned 19
2.2.3 Impact on Temporarily Requisitioned Lands 19
2.2.4 Demolition Impact on Residences 19
2.2.5 Demolition Impact on Non-Residences 21
2.2.6 Affected People 27
2.2.7 Impact on Attachments 40
3. The Social and Economic Profiles of the Project Area and Affected Population 42
3.1 Social and Economic Profiles of the Project Area 42
3.1.1 Social and Economic Profiles of Yining City 42
3.1.2 The Social and Economic Profiles of Towns Affaceted by the Project 45
3.1.3 The Social and Economic Profiles of the Project Affected Villages 49
3.2 The Social and Economic Conditions of Affected Sample Families 53
3.2.1 Land Acquisition Affected Households 53
3.2.1 Households Affected by the Relocation 60
3.3 Profile of Affected Stores 66
3.4 The Profile of the Affected Enterprises and Public Institutions 67
4. Resettlement Policy Framework 72
4.1 Policies on resettlement 72
4.2 Key provisions of policies on LA, HD and resettlement 78
4.2.1 Bank policy on involuntary resettlement 78
4.2.2 Bank minority policy on Resettlement 80
4.2.3 Applicable provisions of the Land Administration Law of the PRC 81
4.2.4 Applicable provisions of the Regulations on the Expropriation of Buildings on State-owned Land and Compensation 82
4.2.5 Applicable provisions of the Decision of the State Council on Deepening the Reform and Rigidly Enforcing Land Administration (SC [2004] No.28) 84
4.2.6 Notice of the Ministry of Land and Resources on Further Improving Land Acquisition Management (National Land Resources [2010] No. 96 ) 86
4.3 Policy of Immigration Resettlement of the Project 92
4.3.1 Policy of Requisition and Resettlement of Rural Collective-ownd land 92
4.3.2.Policy of Permanent Occupation of State-owned Land 93
4.3.3.Policy of Compensation and Resettlement for Relocation of Rural Residential Housing 93
4.3.4.Policy of Relocation and Resettlement of Non-residential housing 98
4.3.5.Policy of supporting disadvantaged groups 99
4.3.6.Policy of Compensation for attachments 102
5. Compensation Standards 103
5.1 Compensation Standard for Requisition of Rural Collective-owned Land 103
5.2 Compensation for Permanently Occupied State-owned Land 105
5.3 Compensation Standard for Relocation of Residential Housing 105
5.4 Compensation Standard for Relocation of Non-residential Housing 108
5.5 Compensation Standards for Attachments 110
6. Recovery Scheme of Immigrants’ Production and Living 113
6.1 Objectives and Principles of Immigrant Resettlement 113
6.2 Influence of Requisition of Collective-owned land and Resettlement Scheme 114
6.2.1 Influence Analysis of Requisition of Rural Collective-owned Land 114
6.2.2 Measures of Income Recovery and Resettlement of Land Requisitioned Farmers 124
6.3 Scheme of Resettlement for Relocation of Residential Housing 159
6.3.1 Compensation in Currency 160
6.3.2 Exchange of Property Right 161
6.3.3 Resettlement by Immigrants Resettlement Exchange Platform 169
6.4 Demolition Resettlement Program of Non-residential Houses 180
6.5 Women Development Measures 188
6.6 National Minority Development Plan 190
6.7 Disadvantaged Group Recover Measures 191
6.8 Ground Accessory Compensation Program 193
7. Institutional Organization and Implementation Progress 194
7.1 Institutional Organization and Its Responsibilities 194
7.2 Personnel Allocation 199
7.3 Facilities Allocation 200
7.4 Training Plan 200
7.5 Implementation Progress 201
8. Information Publication, Public participation and Negotiation 203
8.1 Ways and Measures of Public Participation 203
8.1.1 Participation Ways 203
8.1.2 Participation and Negotiation Measures 204
8.2 Public Participation in Project Preparation Stage 205
9. Immigration Resettlement Funds and Budget 211
9.1 Immigration Resettlement Budget 211
9.2 Annual Investment Plan 217
9.3 Sources of Funding and Fund Flow 217
10. Monitoring Assessment Arrangement and Complaint Appeal Treatment 219
10.1 Internal Monitoring 219
10.1.1 Implementation Procedure 219
10.1.2 Monitoring Contents 219
10.1.3 Internal Monitoring Report 220
10.2 External Independent Monitoring 220
10.2.1 Purpose and Task 220
10.2.2 Independent Monitoring Institution 220
10.2.3 Monitoring Steps and Contents 220
10.2.4 Monitoring Index 221
10.2.5 External Monitoring Report 222
10.2.6 Post Assessment 223
10.3 Complaint and Appeal Treatment Procedures 223
11. Table of Immigrant’s Rights and Benefits 226
Appendix 230
Appendix 1： Notice on Establishment of Immigration Resettlement Leading Group of World Bank Loan Project of Yining City 230
Appendix 2: Accessory Compensation Standards 232
Appendix 3: Shops affected by demolition and resettlement 235
Appendix 4：Shops affected by demolition and resettlement 245
Appendix 5: Disadvanted Families 258
Appendix 6：Resettlement community plan effect diagram 266
Appendix 7：Specifications of land acquisition situations on Guangdong Road and other 3 roads 270
Appendix 8：Specifications on acquisition and resettlement situation of five resettlement communities in this project 271
Appendix 9：Pictures of public participation and coordination work 272
LIST OF TABLES
Page
Table 1-1Project fund raising plan 2
Table 1-2 Construction, Emigration Impact Type and Documents 2
Table 1-3 Resettlement Impact Mitigation Process and Measures 2
Table 2-1 Project & Immigrant Impact Sphere 2
Table 2-2 Project Permanent Requisitioned Collective Lands 2
Table 2-3 Impact on Requisitioned State-Owned Lands 2
Table 2-4 Rural Residential Houses Affected in the Demolition and Resettlement of the Project 2
Table 2-5 Demolition and Resettlement of Affected Shops 2
Table 2-6 Demolition Impact on Enterprise Built on State-Owned Land 2
Table 2-7 Demolition Impact on Enterprise Built on Collective Land 2
Table 2-8 Demolition Impact on Enterprises and Public Institutions 2
Table 2-9 Affected Population 2
Table 2-10 Minority People Affected by Land Acquisition 2
Table 2-11 Minority People Affected by the Demolition of Rural Residence and Houses 2
Table 2-12 Minority People Affected by Store Demolition 2
Table 2-13 Summary Table of Directly Affected Minority People 2
Table 2-14 Nationality Distribution of Affected Minority People 2
Table 2-15 Summary Table of Affected Poor Groups 2
Table 2-16 Statistical Table of Affected Ground Attachments 2
Table 3-1 Comparison Table of the Economic and Social Development Status in Yining City, Ili Prefecture and Xinjiang 2
Table 3-2 2010 Township Key Economic and Social Indicator in Project Area 2
Table 3-3 2009 Nationality Composition of Township Population in the Project Area (%) 2
Table 3-4 Production Status of the Affected Villages 2
Table 3-5 The Social and Living Status of the Affected Villages in 2009 2
Table 3-6 The Nationality Composition of the Population of the Administrative Villages in the Project Area in 2009 2
Table 3-7 The Distribution of the Land Acquisition Affected Sample Families 2
Table 3-8 Population Sex composition of the Sample Families Affected by the Land Acquisition 2
Table 3-9 Population Age Composition of Sample Families Affected by Land Acquisition (%) 2
Table 3-10 The Nationality Composition of Population of the Sample Families Affected by Land Acquisition 2
Table 3-11 The Household Registration Composition of the Population of the Sample Families Affected by Land Acquisition 2
Table 3-12 The Educational Level Distribution of the Population of the Sample Families Affected by Land Acquisition (%) 2
Table 3-13 Vocational Distribution of the Population of the Sample Families Affected by Land Acquisition (%) 2
Table 3-14 The Per Capita Cultivated Area of the Sample Families Affected by the Land Acquisition 2
Table 3-15 Per Capita Income and Expenditure of the Sample Families Affected by the Land Acquisition 2
Table 3-16 Distribution of the Sample Families Affected by the Relocation 2
Table 3-17 The Sex Composition of Population of the Sample Families Affected by the Relocation 2
Table 3-18 Age Composition of Population of the Sample Families Affected by the Relocation 2
Table 3-19 The Nationality Composition of Population of the Sample Families Affected by the Relocation 2
Table 3-20 The Household Registration Composition of the Population of the Sample Families Affected by the Relocation 2
Table 3-21 The Educational Level Distribution of the Population of the Sample Families Affected by Relocation (%) 2
Table 3-22 Housing Profile of the Sample Families of the Villages Affected by Relocation 2
Table 3-23 The Living Environment Conditions of the Relocated Sample Households (km) 2
Table 3-24 Summary of the Profile of the Stores Affected by the Relocation 2
Table 3-25 List of the Profile of the Enterprises Affected by the Relocation 2
Table 3.26 List of the Profile of Public Institutions Affected by the Relocation 2
Table 4-1 Resettlement policy framework of the Project 2
Table 5-1 Compensation Standard for Requisition of Collective-owned Land 2
Table 5-2 Main Taxation Standard for Requisition of Collective-owned Land 2
Table 5-3 Compensation for Land Loss by Compensation Fund of Land Requisition 2
Table 5-4 Compensation Base Price for Relocation of Rural Residential Housing 2
Table 5-5 Table of Prices for House Replacement in Yining City 2011 (Guiding Price) 2
Table 5-6 Compensation Base Price for Relocation of Non-residential Housing on State-owned land 2
Table 5-7 Compensation Base Price for Relocation of Non-residential Housing on Collective-owned Land 2
Table 5-8 Compensation Base Price for Relocation of Commercial Shops 2
Table 5-9 Compensation Standard for Fruit Tree 2
Table 5-10 Compensation Standard for Shrubbery Forest 2
Table 5-11 Compensation Standard for Highwood 2
Table 5-12 Compensation Standard for Affected Auxiliary Facilities 2
Table 6-1Land Requisition Impacts Village 2
Table 6-2Land Requisition Impacted Households Analysis 2
Table 6-3 Agricultural Revenue Loss of Land Requisition Households 2
Table 6-4 Per Capita Income Loss Rate of Affected Villagers 2
Table 6-5 Preference of Land Requisition Households Resettlement 2
Table 6-6 Overview of Transferring Agricultural Land in Yining City 2009-2010 2
Table 6-7 Planning of Planting Development in Town/township and Situation of Households Participation of the Project 2
Table 6-8 Analysis of Input and Output of Protected Agriculture and Featured Planting 2
Table 6-9 Plan of Newly Built Breeding Communities of Animals and Poultry of Yining City 2012 2
Table 6-10 Plan of Promotion and Reconstruction of Breeding Communities of Yining City 2012 2
Table 6-11 Input-output Analysis of Cow Trusteeship 2
Table 6-12 Willingness of Villagers in Breeding Resettlement 2
Table 6-13Non-Agriculture Resettlement Capacity and Resettlement Preference 2
Table 6-14 Schedule of Employment Training Plan for the Project Affected Area 2
Table 6-15 Production Resettlement Population and Land Requsitioned Peasants Endownment Insurance Indicator in Project Affected Village 2
Table 6-16Added Months of Endowment Insurance Individual Accounts of Land Requsitioned Peasants 2
Table 6-17 Estimation of Payment and Guarantee Level of Endowment Insurance for Landless Farmers 2
Table 6-18 Livinghood Restoration Measures of Land Requsitioned Households 2
Table 6-19 Preference of Households Receiving Demolition and Resettlement 2
Table 6-20 Households with Remaining Building Base Larger than 0.2 mu 2
Table 6-21 Situation of Resettlement Community on Guoyuan Street 2
Table 6-22 Total House Types in Resettlement Community on Guoyuan Street 2
Table 6-23 Planning Overview of Resettlement Community in Dunmaili Village 2
Table 6-24 Schedule of Basic Situation of Relocation Resettlement Communities 2
Table 6-25 Information on Immigrant Resettlement Exchange 2
Table 6-26 Balance Sheet of Resettlement Direction for Rural Relocation 2
Table 6-27 List of compensation and resettlement for enterprise and public institutions in project demolition 2
Table 7-1 Immigration institution personnel allocation 2
Table 7-2 Main responsible persons and contact information of World Bank Office Immigration Resettlement in Yining City 2
Table 7-3Immigration implementation schedule 2
Table 8-1 Main participation activities during the project preparation period 2
Table 8-2 Project public participation and plan 2
Table 9-1Immigration resettlement compensation and investment estimate sheet of Yining Urban Transportation Project 2
Table 9-2 Annual immigration investment plan 2
Table 11-1Table of immigrant’s rights 2
LIST OF FIGURES
Page
Figure 6-1 Distribution Location of Main Breeding Farms of Yining City 2
Figure 6-2 Standardized Cow Breeding Farm 2
Figure 6-3 List of Cooperative Organizations Participating in Cow Breeding in Community 2
Figure 6-4 Site of Resettlement Community on South Ring Road 2
Figure 6-5 Appearance Effect of Affordable Housing Community in Fazhan Village 2
Figure 6-6 Site of Resettlement Community in the Area of Railway Station 2
Figure 6-7 Distribution Map of Relocation Resettlement Communities 2
Figure 6-8 Constructed employment and entrepreneurship market for land acquired peasants in Dunmaili Village 2
Figure 7-1 Immigration organization and management structural diagram 2
Figure 9-1Land acquisition demolition compensation fund flow diagram 2
6. Project and Immigration Profile
1.1 Project background and objectives
Yining City, located in the Northwest of Xinjiang Uygur Autonomous Region, is the capital of Yili Hasake Autonomous Prefecture. Currently, there are 35 urban trunk roads in Yining City, with a total length of 331 km, in addition, there are also several national and provincial highways running through the downtown area, including G218 (13.5 km), S220 (5.3km), and S313 (5.5km), which forms the urban road network radiating from the downtown area of the city. The road area per capita is 16.2 square meters.
In recent years, Yining City has experienced a rapid economic and social development, with a relatively large percent growth of international trade and personnel exchange, but its transport infrastructure is still weak. The major problems include: a large density of population in the old downtown area, old and disrepaired streets; Dongcheng District and Development District are planned respectively as cultural & educational base and industrial zone, but their roads are narrow, damaged and even without in-use roads; subordinating facilities like water supply, drainage, power supply, illumination and greening are not well equipped, with bad living environment for citizens; road facilities like traffic signals and bus stations are not sufficient, pedestrians and vehicles mixed together which results in disordered,congested and unsafe traffic. Therfore, the World Bank loan Xinjiang Yining Urban Transport Project will, through supplying and improving urban transport infrastructure and service in an integrated and constant way, construct a complete and competent road network in Yining City, with good connection with urban urban road transport system and to provide convenience for urban development.
The total investment for construction is 1326.7344 million Yuan, with sources from the World Bank loan and local co-funds. The co-funding from Yining City is 668.7344 million Yuan, 50% of the total investment; the loan from the World Bank is 658 million Yuan (100 million USD, with an exchange rate: 1:6.58), 50% of the total investment. The fund raising seen in the table below:
Table 1-1Project fund raising plan
(unti: 10000 Yuan)
|No |Fund source |2012 |2013 |2014 |2015 |2016 |Total |
|2 |local co-funding |8359 |16718 |16718 |16718 |8360.44 |66873.44 |
|3 |Total |16584 |33168 |33168 |33168 |16585.44 |132673.44 |
1.2 Project component
Major construction contents of the World Band loan Yining Urban Transport Project include road, public transport engineering, transport management, road safety engineering and institution and personnel capacity building within the old downtown area, Dongcheng district and Development Zone. After the completion of the project, Yining urban area will be connected with the national highway No. 218, provincial highway No. 220 and 313, and the Railway Station, which will facilitate the economic, trade and technical communication between Horgos Port and Middle Asia. The civil engineerings, like urban road, water supply, drainage, sanitation, illumination and greening will be improved to make contributions to urban economic prosperity and improvements of living standard of different nationalities.
The project will cover the following four sub-projects:
a) Urban road construction and subordinating projects, including 25 urban roads in the old downtown area, Dongcheng District and the Development Zone, with a total length of 72.39km. There are 12 main trunk roads, 40.97km; 10 sub-trunk roads, 24.63km; and 3 branch roads, 6.79km. Of which, 6 urban roads will be constructed in the old downtown area, with a length of 14.75km, 10 roads constructed in Dongcheng district, with a length of 24.98km and 9 roads in the development zone, with a total length of 32.66km.
b) Public transport construction, including bus stations, bus depot, hubs, intelligent dispatching and monitoring center, terminals and vehicle purchase. In order to improve the public transport capacity and service quality, the project will buy 200 natural gas buses and the old buses will be washed out within five years.
c) Transport management and road safety engineering, including four types like road traffic signals, markings, traffic lights and traffic monitoring system
d) Institutional capacity building
The project is a World Bank loan project, and its owner is Yining Bureau of Construction. The construction term is from 2012 to 2016, separated into two phases. Phase 1: project preparation, 1 year term (2011-2012); Phase 2: project implementation, four-year term (2012-2016), to finish the construction of each sub-project and the project shall be totally finished and put into use by the end of 2016.
Table 1-2 Construction, Emigration Impact Type and Documents
|Name |No |Location |Road/ |Road nature |Road length（m） |Width（m） |Construction |
|of | | |engineering name | | | |nature |
|sub-pr| | | | | | | |
|oject | | | | | | | |
|2 |Xinhua East Road|Beginning from South|An area of |Beginning from 37 |An area of |2 |A demolished area|
| | |Ring Road, ending in|95169.37m2 of |lane of South Ring |70769.63m2 of | |of 24399.74 m2of |
| | |Xinhua East Road, |houses, shops and|Road, ending in |houses, shops and| |houses, shops and|
| | |with a total |annex to be |Xinhua East Road, |annex to be | |annex reduced |
| | |lengthof 3110.11m. |demolished |with a total lengthof|demolished | | |
| | |The road red line | |3110.11m. The road | | | |
| | |width is 50m, | |red line width is | | | |
| | |constructed road | |50m, constructed road| | | |
| | |width 36 m. | |width 36 m. | | | |
|3 |Airport branch |Beginning from the |A factory and |Beginning from the |No demolition |2 |The factory and |
| |road |Airport road, ending|municipal food |Airport road, ending |involved | |municipal food |
| | |in to-be-built |bureau to be |in to-be-built | | |bureau will not |
| | |Shengli Street |demolished |Shengli Street | | |be demolished |
| | |Extension, with a | |Extension, with a | | | |
| | |total length of | |total length of | | | |
| | |1938.83m. The | |1938.83m. The road | | | |
| | |constructed road | |red line width is 36m| | | |
| | |width is 20m. The | |The constructed road | | | |
| | |beginning of line 1,| |width is 20m for this| | | |
| | |K0+000~K+25, | |time. The beginning | | | |
| | |deviates about | |of line 2, | | | |
| | |30-60m from the | |K0+000~K+250 will be | | | |
| | |current road | |constructed according| | | |
| | | | |to the current road | | | |
|4 |11st Community |According to the |A large amount of|The 11th Community |No demolition |2 |Demolition |
| |Road |master plan, the |houses to be |Road red line width |involved within | |avoided |
| | |11th Community Road |demolished within|is 24m, and 20 m will|the current | | |
| | |red line width is |the width of the |be built for this |construction | | |
| | |24m, and 20 m will |redline |time. | | | |
| | |be built for this | |Road cross section is| | | |
| | |time. | |comprised by vehicle | | | |
| | |Road cross section | |lane, pedestrian way | | | |
| | |is comprised by | |and greening belt, of| | | |
| | |vehicle lane, | |which, vehicle lane | | | |
| | |pedestrian way and | |being 12.0 m, and | | | |
| | |greening belt, of | |pedestrian way 8.0 m | | | |
| | |which, vehicle lane | |(trees guard will be | | | |
| | |being 12.0 m, | |installed in the | | | |
| | |greening belt 6.0 m | |pedestrian way. | | | |
| | |and pedestrian way | | | | | |
| | |6.0 m. | | | | | |
|5 |Laoyi Road |Road red line goes |20 rural houses |Road red line goes |Uighur collective|1 |Impacts on Uighur|
| | |toward north |to be demolished |toward south |graveyard to be | |collective |
| | | | | |replaced | |graveyard avoided|
1.5 Identification of related projects
Related project refers to a project that is directly associated with the Project in
function or benefit, namely an extended project constructed using funds other than Bank lending within the range of the Project during the preparation and implementation of the Project.
During project design, the owner attached great importance to the identification of related projects. The Yining PMO, implementing agencies and design agency conducted a correlation analysis of all components. Based on such analysis, the Project has no related projects.
Impact on Project and Immigrant
2.1 Project Impact Sphere and Immigrant Impact Survey
Based on resettlement norms and requirements specified by World Bank for involuntary immigrants, a field survey on their affected situation must be executed before project construction. With the aim to learn all information about affected people, housing demolition, types and quantity of land acquisition, social and economic development status in affected regions，then referent parameter and information can be separately offered for optimum proposal of engineering design and Immigrant Resettlement Plan.
During July~September, 2011 and October~December, 2011, the survey group organized and coordinated by World Bank Office in Yining City was found and consisted by immigrant consultant department，feasibility study & compilation department，environmental assessment department，relevant affected personnel of Township People’s Government and village cadres. Meanwhile, 100% of specific survey on physical, social and economic aspects executed in project regions by efforts of the above departments help provide information for reliable data, resettlement planning, physical items including land acquisition, temporarily occupied land, residential and non-residential demolition in affected regions. The compilation group of immigrant resettlement plan also engaged in the survey on social and economic status of towns and households affected by project land acquisition and relocation. All relevant people had cooperated in the survey on physical items affected by land acquisition and demolition. During the survey, the survey group also made comprehensive consultation by suggestions of rural households，enterprise and public institutions for land acquisition and immigrant resettlement.
2.2.1 Project Impact Sphere
Lands of 5 counties and towns, 13 villages shall be involved in land acquisition and demolition for traffic project of Yining City with World Bank loans. See details in the following Table 2-1 for project and immigrant impact sphere.
Table 2-1 Project & Immigrant Impact Sphere
|No. |District |County & Town |Village |Newly-Built and Rebuilt Road |
|2 | | |Dongliang Village |Laoer Road, Extention Section of Dongliang Street |
|3 | | |Bayikule Village |Extension Street of Shengli Street, Laosi Road, Laosan |
| | | | |Road, Laowu Road |
|4 | | |Yingayati Village |Laosan Road, Laoliu Road, North Section of Line S220 |
|5 | | |Jiligelang Village |East Xinhua Road |
|6 | |Kebokeyuzi County |Kebokeyuzi Villaege |Laoyi Road, Laoer Road, Laowu Road |
|7 | | |Kuanjie Village |Laoyi Road, Laoer Road,Laosi Road, North Section of Line|
| | | | |S220 |
|8 |Development District |Bayandai Town |Bayandai Village |Wuhan Road |
|9 | | |Bayandai New Village |Extension Section of West Xinhua Road |
|10 | |Hanbin County |Dunmaili Village |Extension Section of West Xinhua Road |
|11 | | |Fazhan Village |Extension Section of West Xinhua Road, Xihuan Road |
| | | |Bashikuleke Village |Xihuan Road |
|12 | | | | |
|13 | |Dadamutu County |Wulasitai Village |Extension Section of North Xihuan Road, Daobeiwei Road |
| | | | |1, Laoer Road, Xihuan Road |
|Total |4 Counties 1 Towns |13 Villages | |
Notes: Immigrants matter no impact in other projects.
2.2.2 Impact Survey
Scope of social and economic survey covers all lands, houses and other properties, affected households and people in the red line of the project.
The survey is consisting of the following three major parts:
1．Survey and Registration on Physical Items of Land Acquisition and Demolition
(1). Location, type and area of requisitioned lands;
(2). Location, type and quantity of architectures and other land attachments under demolition;
(3). Type and quantity of various professional facilities;
(4). Basic information and relevant situation of affected enterprises and public institutions;
(5). Current farmland type and area, per capita income, social and economic development status of affected village groups;
(6). Quantity of poor group families and consequent reasons under impact of land acquisition and demolition.
2．Economic Status of Affected Households and Resettlement Willingness Survey
(1). Basic information (including gender, age, nationality, job，education background and technical level, etc.) of households holding lands, architectures or land attachments that are in survey scope;
(2). Sample survey on properties, houses, income and expenditure, etc. of affected households;
(3). Negotiation and interview on willingness and suggestions for immigrant resettlement executed between local village group leaders and affected representatives;
(4). Public opinions, suggestions and consultation.
3．Survey on Strategic Regulation Material and Literature
(1). Include social and economic statistical materials of Xinjiang Uyghur Autonomous Region, Ili Kazakh Autonomous Prefecture, Yining City, local counties and towns related to the project;
(2). Local laws and regulations of the state, autonomous regions, cities and local areas that are in relation to land acquisition, demolition and resettlement.
2.2.3 Survey Step and Procedure
The field survey on land acquisition and demolition executed by the survey group in affected regions shall base on the following steps and procedures:
(1). Confirm survey scope on topographic map of 1/2000 offered by World Bank Project Office in Yining City;
(2). Make field measurement on lands and architectures in survey scope of topographic map. Confirm and register affected households and departments based on ownership of lands and architectures in details;
(3). If personal properties were affected by land acquisition and demolition, basic information and economic status of households shall be investigated. And one of family members aged over 15 shall be invited for survey or interview on resettlement willingness;
(4). If requisitioned lands and architectures are owned by collective or enterprise and public institutions, then relevant operation status, affected degree and resettlement willingness shall be investigated;
(5). Guiding by village group leaders, confirm, collect and register the type and owners of requisitioned lands based village groups. And relevant quantity of households and people shall also in statistics;
(6). Confirm and register property owners of affected public facilities.
Survey process also holds the following social and economic survey as well as public consultation activities:
(1). Collect local social and economic materials and invite some immigrant families on behalf of all for questionnaire to learn their production and life situation, attitudes towards compensation and resettlement;
(2). Combining local New Village construction, investigate and learn planning proposal of resettlement places for immigrants;
(3). Investigate and learn planning proposal of production resettlement and income recovery made for village groups under worse influence;
(4). Investigate and learn supporting strategies and operating principles made for poor groups;
(5). Negotiate and consult immigrant resettlement strategies with local governments and affected people.
2.2 Major Physical Item Index Affected by Project
Based on survey and analysis of physical items, impact type of project majorly include: (1) impact on rural collective lands permanently requisitioned; (2) impact on state-owned lands permanently requisitioned; (3) demolition impact on residences and attachments; (4) demolition impact on non-residences and attachments of enterprise and public institutions; (5) impact on ground affiliated facilities, etc.
2.2.1 Impact on Collective Lands Permanently Requisitioned
Lands permanently requisitioned are required for road engineering and bus station construction. Sub-items of road engineering are consisting of Wuhan Road, Daobeiwei Road 1, Extension Section of North Xihuan Road, Extension Section of Line S220, Extension Section of Dongliang Street, Laoyi Road, Laoer Road, Laosan Road, Laosi Road, Laowu Road, and Laoliu Road, etc. Thereinto, both sub-items of public transportation and 11 roads including the above ones require rural collective lands. Based on survey and statistics, there are 13 villages of 5 counties and towns being affected were involved in the project, including Hanbin County, Bayandai Town, Keerdun County, Kebokeyuzi County and Dadamutu County, etc. governed by Yining City. Collective lands permanently requisitioned for the project are totaled to 980.75 mu, among which 591.67 mu of farmlands, 55.09 mu of forest lands, 13.94 mu of garden plots, and 320.05 mu of residential lands; Collective lands permanently requisitioned for sub-items of road engineering and public transportation are separately totaled to 870.75 mu and 110 mu. 213 households with 992 people were affected by collective lands requisitioned for the project.
See details in Table 2-2 for rural collective lands requisitioned for the project
Table 2-2 Project Permanent Requisitioned Collective Lands
|Name of |Town |Village |Permanent requisitioned collective |
|sub-projects | | |land(mu) |
|1 |Hanbin County |30.17 |0.92 |
|2 |Bayandai Town |49.08 |3.6 |
|3 |Keerdun County |135.93 |7.45 |
|4 |Kebokeyuzi County |70.53 |0 |
|5 |Dadamutu County |20.27 |0 |
|6 |Subtotal |306 |11.97 |
|7 |Total |317.97 |
Notes：1. State-owned construction lands are affected by the demolition of relevant enterprises, then affected units are not calculated again;
2. Market evaluation value of house demolition will cover the compensation for state-owned construction lands, then compensation will not be made separately;
3. No compensation will be made for state-owned roads and green lands as both are offered in transferring way.
2.2.3 Impact on Temporarily Requisitioned Lands
Lands may be temporarily requisitioned for sand and stone stock yard, compound mixing plant, taking and abandonment yard during project construction, and production and living districts, temporary roads under construction period. By identification and perfect proposal design, the project will be executed in phrases and sections. Lands required for temporary use shall be ones in red line, and current roads can be used for construction sidewalks. Thus there is no impact on temporarily requisitioned lands in relation to the project.
2.2.4 Demolition Impact on Residences
12 roads under sub-items of road engineering, rather than that of public transportation, require demolition of rural residences, including Wuhan Road, Extension Section of West Xinhua Road, Daobeiwei Road 1, Extension Section of North Xihuan Road, Xihuan Road, East Xinhua Road, Extension Section of Shengli Street, Extension Section of Line S220, Extension Section of Dongliang Street, Laoyi Road, Laoer Road and Laojiu Road, etc. Based on survey and statistics, there are 11 villages of 5 counties and towns being affected were involved in the project, including Hanbin County, Bayandai Town, Keerdun County, Kebokeyuzi County and Dadamutu County, etc. governed by Yining City. The area of rural houses being demolished is totaled to 94964.74 m2, among which 47951.62㎡ of masonry structure, 40745.09 m2 of brick structure, 5621.23 m2 of civil structure and 646.8m2 of simple structure. 648 households with 2837 people were affected in the demolition.
No demolition will be made for residences built on urban state-owned lands.
See details in the following summary sheet for the demolition impact on rural residences.
Table 2-4 Rural Residential Houses Affected in the Demolition and Resettlement of the Project
|Town |Village |Rural houses（㎡） |Affected Population |
| | |Brick concrete|Brick wood |
| |Brick concrete |Brick wood |Earth wood |Make-shift |
| | | | |Total |Uigurs |
|Percent（%） |89.68 |6.74 |1.84 |1.72 |100 |
To effectively protect the legal rights and interests of minority people and promote their population recovery and development, the Minority People Development Plan is drawn up in this project according to World Bank OP4.10. See detailed impact analysis of minority communities and people, plans and measures for minority people development in this Minority People Development Plan of the project.
2.2.6.3. Affected Poor Groups
Specific poor groups in this project include poor households, disabled people, low assurance households and solitary old people. Standards and procedures for identifying these 4 groups are:
(1). Poor households refer to families whose per capita annual income is lower than the poverty line (Net household per capita income is 2300 Yuan which is not changed in 2010).
(2). Low assurance households refer to residents (villagers) whose per capita monthly income is lower than the low assurance standard in Yining City (After the adjustment in June 2011, families whose per capita monthly income of members living together is lower than 195 Yuan in urban population and families whose net per capita annual income of members living together is 1140 Yuan in rural population) as well as families that enjoy the lowest governmental life assurance and subsidy.
(3). Disabled people refer to people whose certain organization and function are lost or abnormal, and whose ability of engaging in certain activity with normal method is totally or partially lost in psychological, physiological and physical structures according to the regulations in the Law of Guarantees for Disabled People of the People’s Republic of China.
(4). Solitary old people refer to middle-aged and old couples whose children leave home, or old people whose spouse is dead.
According to the preliminary survey in project preparation, totally 85 households and 89 people in above 4 types of poor groups are affected after immigrant relocation survey group discerns the immigrant within project scope. Thereinto, there are 17 poor households, 21 disabled households, 73 low assurance households and 9 households with solitary old people (35 households of distinct types overlap); there are 24 households affected by land acquisition and 61 households affected by demolition. Poor groups take up 2.5% of total permanently affected population of this project. See the summary of poor groups involved in this project in the table below. See detailed name list of affected poor groups in Appendix 5.
Table 2-15 Summary Table of Affected Poor Groups
|Village|Number of Households |Thereinto (Households) |
|Committ| | |
|ee | | |
| | |Gate (Piece) |Toilet (Piece) |
| |2009 |2010 | | |
|Total population at the end of a year (ten thousand) |45.9 |47.2 |276.3 |2158.63 |
|Nationality |49.69 |49.40 |24.6 |46.14 | |
|composition (%) | | | | | |
| |34.88 |34.87 |38.4 |39.25 | |
| |7.52 |7.52 |10.5 |4.47 | |
| |4.53 |4.53 |20.7 |7.09 | |
| |3.38 |3.69 |5.9 |3.05 | |
|GDP(RMB 100 million) |79.02 |95.03 |333.7 |4273.57 |
|Proportion |4.9 |4.8 |24.2 |17.8 | |
| |28.8 |28.7 |34.4 |45.7 | |
| |66.3 |66.5 |41.4 |36.5 | |
|GDP per capita (RMB) |17422 |20518 |12951 |19926 |
|Financial general budget revenue (RMB ten million) |6.7 |9.52 |23.9 |388.78 |
|Financial general budget expenditure (RMB ten million) |14.89 |20.06 |97.6 |1346.91 |
|Urban per capita disposable income (RMB) |10605 |12520 |11003 |12258 |
|Peasants and herdsmen net per capita income (RMB) |6290 |7657 |5341 |4005 |
|Employed workers average money wage (RMB) |25616 |28866 |22727 |24687 |
Source of date: Yining Statistical Yearbook, Yining 2010 National Economic and Social Development Statistical Bulletin
3.1.2 The Social and Economic Profiles of Towns Affaceted by the Project
1. The social and economic profiles of the area the project is located at
Kaerdun town is located at the eastern suburb of Yining, with a total area of 32 square kilometers, urban and rural areas blending together. It is the only way from Yining to Dongwu county, with national road 218 and provincial road 220 passing through. It is an urban suburb town based on agriculture and simultaneously developing agriculture, industry and trade. The jurisdiction covers five administrative villages and has 28 villagers groups. In 2010, the whole town has 2,930 households and 13,200 people, with an total agricultural population of 11,300, composed of 13 nationalities, including Uygur, Han, Hui and Kazak, etc., with minorities accounting for 92.52% of the total population. The total cultivated area is 17,500 mu and the per capita cultivated area is 1.5 mu. In 2010, the entire town realized the gross economic revenue of RMB 257 million, peasant per capita net income of RMB 8,315. The main crops include wheat, corn, beet, vegetables, rape, melon and fruit. It has 3,092 greenhouses, covering an area of 4552 mu (including greenhouse flowers plantation of145 mu); 950 arc greenhouses, covering an area of 475 mu, mainly planting hot pepper, tomato, colored pepper and bottle gourd. It has gradually formed Kaerdun township facilities agricultural base taking vegetables planting as the main industry. The greenhouse construction areas are mainly concentrated in the three major areas, Kukelanmu facilities agricultural base Dongliang area, Mount Huaguo area and Jiligelang facilities agricultural base. There are 11,233 different categories of livestock on hand in the town, including 4650 cattle. There are 44 enterprises in the jurisdiction of the whole town, with 11 scale enterprises, 400 individual enterprises (including 12 agricultural products processing enterprises). Enterprise total revenue is RMB 800 million, total output value RMB 420 million, and there are 2520 people are employed. In 2010, the town transferred totally 6440 person-times of surplus rural labor out for employment and work. The whole town has 5 primary schools, 5 bilingual kindergartens and 19 religious activities places.
Bayandai township is located at the western suburb of Yining, the portal of Yining city and a autonomous region level townlet demonstration town and township enterprise development demonstration area. The total jurisdiction area of the township is 262.46 square kilometers, including cultivated area of 34,800 mu, per capita cultivated area of 1.74 mu. It has a total population of 32,000, composed of 13 nationalities, including Uygur, Han, Kazak and Hui, etc., with minorities accounting for 71% of the total population and 44.64% of Uygur. It governs 7 administrative villages and 1 neighborhood committee, 1 middle school, 6 primary schools, 1 hospital, 27 units in township. In 2010, its economic gross revenue was RMB 395 million, the first, second and third industry revenues respectively accounting for 31.7%, 23.5% and 44.8%, peasant per capita net income of RMB 6,556. The whole township totally has 4 different agricultural cooperative organizations, including 2 for breeding and 2 for planting; 1613 greenhouses, 46,393 total livestock on hand, including 1980 quality dairy cows on hand; economic forest area is 2535 mu. The township transferred totally 7500 person-times of surplus rural labor out and the transfer income reaches RMB 36.29 million. The whole township has 996 households, 2337 people, enjoying the minimum living allowance, has 2430 needy households, including 9720 people.
Hanbin town is located at the western suburb of Yining, with a total area of 29,000 mu. It is the area where the new Municipal Party Committee, government area and the economic cooperation area are located at. Both Yining Airport and Yining Railway Station are within the jurisdiction of the town. The whole town has 2,918 households, 12,900 people, composed of 13 nationalities, including Uygur, Han, Dongxiang, Hui, Kazak etc., with Han nationality accounting for the biggest proportion of 67% (in 2009). The town governs 4 administrative villages and has 29 villagers groups, with cultivated area of 11,000 mu. In 2010, the economic revenue of the whole town was RMB 298 million, peasants per capita income RMB 7,747. At present (June 2011), the whole town has more than 1500 “four small business” households, including small workshop, small shop, small transportation and small rental property". The whole town has 72 rural inns, 15 residents visiting homes, 8 handicrafts stores. It received 20,000 visitors in the first half year, helping more than 300 peasants in the town becoming employed.
Dadamu town is located at the north part of Yining city, with an area of 57.5 square kilometers, including cultivated area of 48,000 mu. It governs 5 administrative villages and 51 villagers groups. It has totally more than 7000 households, including more than 32,100 people, of which the agricultural population accounts for 73%, with labor force of 5900. The population is composed of 14 nationalities, mainly including Uygur, Han, Hui and Kazak etc., with minority accounting for 81.4% of the total population of the whole town, Uygur accounting for 67%. In 2010, the rural economic total revenue of the whole town was RMB 388 million, with the revenues of the first industry, the second industry, the third industry and the labor export respectively accounting for 34%, 26.9%, 28.9% and 10.2%. The peasants and herdsmen per capita net income in 2010 reached RMB 8,058. There are 1,100 households, 2,707 people, enjoying the minimum living allowance in the town. It has 4 schools, 1 health center and 13 mosques.
Kebokeyuzi town is located at the east part of Yining city, covering an area of 15.73 square kilometers, including 23,600 mu cultivated area. It governs 3 administrative villages and 18 villagers groups. It has totally 1,737 households, including 6,300 people, with agricultural population accounting for 84.7%, composed of 12 nationalities, mainly including Uygur, Han, Hui and Kazak etc., with minority accounting for 92.5% of the total population of the whole town, Uygur accounting for 89%. In 2010, the rural economic total revenue of the whole town was RMB 155 million, with the revenues of the first industry, the second industry, the third industry and the labor export respectively accounting for 32%, 34.8%, 26.7% and 6.5%. The peasants and herdsmen per capita net income in 2010 reached RMB 6,733. There are 331 households, 771 people, enjoying the minimum living allowance in the town. It has 3 schools, 1 health center and 3 mosques.
Table 3-2 2010 Township Key Economic and Social Indicator in Project Area
|Indicators |Kaerdun Town |Bayandai |Hanbin Town |Dadamutu Town |Kebokeyuzi Town |
| | |Township | | | |
|Cultivated land (ten thousand mu) |1.75 |3.48 |1.1 |4.8 |2.36 |
|Number of households (household) |2930 |8213 |2918 |7000 |1737 |
|Population (ten thousand) |1.32 |3.2 |1.29 |3.21 |0.6375 |
|Agricultural population proportion (%) |85.6 |70.0* |21.7* |73.2 |84.7 |
|Minority population proportion (%) |92.5 |71 |33.0* |81.4 |92.5 |
|Economic total income (RMB one hundred |2.57 |3.95 |2.98 |3.88 |1.55 |
|million) | | | | | |
|Livestock on hand |11233 |45393 |11451* |25471* |6073 |
|Peasants and herdsmen per capita net income|8315 |6556 |7747 |8058 |6733 |
|(RMB/year) | | | | | |
|Enjoy minimum living allowance (number of |1205 |2337 | |2707 | |
|persons) | | | | | |
Source of date: 2010 and 2011 reports and statements of all towns, etc., data marked with * is that of 2009.
Table 3-3 2009 Nationality Composition of Township Population in the Project Area (%)
|Town |Total (number of |Han |Uygur |
| |persons) | | |
| | | |Total |
|1 |Yingayadi Village |6 |10.5 |
|2 |Bayikule Village |10 |17.5 |
|3 |Bayandai Village |3 |5.3 |
|4 |Wulasitai Village |8 |14.0 |
|5 |Tuanji Village |15 |26.3 |
|6 |Kebokeyuzi Village |7 |12.3 |
|7 |Xin Village |8 |14.0 |
| |Total |57 |100.0 |
(2) Sex composition
In the sampled 57 families affected by the land acquisition and relocation, the total population is 270 persons, male and female population respectively are 140 and 130, accounting for 51.9% and 48.1% of the total population.
Table 3-8 Population Sex composition of the Sample Families Affected by the Land Acquisition
|Village |Male（％） |Female（％） |
|Yingayati Village |45.5 |54.5 |
|Bayikule Village |47.4 |52.6 |
|Bayandai Village |60 |40 |
|Wulasitai Village |60.5 |39.9 |
|Tuanji Village |49.1 |50.9 |
|Kebokeyuzi Village |60 |40 |
|Xin Village |53.8 |46.2 |
|Sample total |51.9 |48.1 |
(3) Sex composition
In the investigated 57 households, including 270 persons, children from 0-15 account for 14.8%; people from 16-65 account for 77.4% and people over 66 account for 7.8%. The total population of people over 66 and children under 15 account for 22.6% of the total samples. The sex composition of the investigated households in each village is as follows:
Table 3-9 Population Age Composition of Sample Families Affected by Land Acquisition (%)
|SN |Age group |Ying’ayati Village |Bayikule Village |Bayandai Village |
|Yingayati Village |97.7 |2.3 |0 |0 |
|Bayikule Village |91.2 |8.8 |0 |0 |
|Bayandai Village |100 |0 |0 |0 |
|Wulasitai Village |76.3 |23.7 |0 |0 |
|Tuanji Village |98.2 |0 |0 |1.8 |
|Kebokeyuzi Village |100 |0 |0 |0 |
|Xin Village |74.4 |12.8 |12.8 |0 |
|Sample total |90.4 |7.4 |1.9 |0.4 |
(5) Household registration composition
In the investigated 57 households, including 270 persons, the agricultural population accounts for 97.8%; nonagricultural population accounts for 2.2%. The household registration composition of the investigated households is shown in table below.
Table 3-1 The Household Registration Composition of the Population of the Sample Families Affected by Land Acquisition
|Village |Agriculture（％） |Non-agriculture（％） |
|Yingayati Village |100 |0 |
|Bayikule Village |93 |7 |
|Bayandai Village |100 |0 |
|Wulasitai Village |100 |0 |
|Tuanji Village |98.2 |1.8 |
|Kebokeyuzi Village |95 |5 |
|Xin Village |100 |0 |
|Sample total |97.8 |2.2 |
(6) Educational level
In the investigated 57 households, including 270 persons, people receiving primary school education or below account for 41.8%, people receiving junior middle school education account for 30.4% and people receiving senior middle school education or above account for 14.4 %. The educational level of the family members of the investigated households in each family is shown in the table below.
Table 3-2 The Educational Level Distribution of the Population of the Sample Families Affected by Land Acquisition (%)
|No |Educational degree |Illiterate and semilliterate |
|Yingayati Village |10.1 |2.24 |
|Bayikule Village |13.25 |2.83 |
|Bayandai Village |3 |1 |
|Wulasitai Village |12.48 |2.42 |
|Tuanji Village |16.9 |3.55 |
|Kebokeyuzi Village |7.34 |1.6 |
|Xin Village |14.65 |3 |
|Sample total |13.3 |2.8 |
3. Migrants Income and Expenditure
According to investigation and statistical analysis, in the investigated 57 households, including 270 people, the annual family per capita total income is RMB 7796.7, including outward employment income of RMB 3937.8, accounting for 50.51%, agricultural income RMB 2904.4, accounting for 37.25%, other income RMB 954.5, accounting for 12.24%; in terms of family expenditure, the family per capita annual gross expenditure is RMB 5856.7, including agricultural business expenditure RMB 1560.3, accounting for 26.64%, life consumption expenditure RMB 3467.5, accounting for 59.21%; other expenditures RMB 828.9, accounting for 14.15%. The sample family annual per capita net income is RMB 6236.4, slightly higher than the average level of the affected villages.
The income and expenditure structure of rural family income is shown in the table below.
Table 3-5 Per Capita Income and Expenditure of the Sample Families Affected by the Land Acquisition
|Items |Per capita (RMB/person) |Composition proportion (%) |
|Household annual income |Outward employment income |3937.8 |50.51% |
| |Agricultural income |2904.4 |37.25% |
| |Other income |954.5 |12.24% |
| |Total |7796.7 |100.00% |
|Household annual expenditure |Agricultural business expenditure |1560.3 |26.64% |
| |Life consumption expenditure |3467.5 |59.21% |
| |Other expenditure |828.9 |14.15% |
| |Total |5856.7 |100.00% |
|Per capita net income[3] |6236.4 |/ |
3.2.1 Households Affected by the Relocation
1. Basic Family Information
(1) Distribution of sample families
In the 105 families sampled from the households affected by the land acquisition, 11 villages are involved; each village involves 6-24 sample households. The distribution of the sample households in each village is shown in the table below.
Table 3-6 Distribution of the Sample Families Affected by the Relocation
|No |Village |Sample（households） |Percent（%） |
|1 |Yingayadi Village |6 |5.7 |
|2 |Huaguoshan Villag |9 |8.6 |
|3 |Dongliang Village |12 |11.4 |
|4 |Bayikule Village |5 |4.8 |
|5 |Jiergelang Village |24 |22.9 |
|6 |Bayandai Village |11 |10.5 |
|7 |Wulasitai Village |6 |5.7 |
|8 |Tuanji Village |6 |5.7 |
|9 |Dunmaili Village |10 |9.5 |
|10 |Fazhan Village |6 |5.7 |
|11 |Bashenkuli Village |10 |9.5 |
|Total |105 |100.0 |
(2) Sex composition
In the investigated 105 families affected by the relocation, the total population is 475, male and female population respectively 260 and 215, accounting for 54.7% and 45.3% of the total population. See the table below.
Table 3-7 The Sex Composition of Population of the Sample Families Affected by the Relocation
|Village |Male（％） |Female（％） |
|Yingayati Village |56.3 |43.7 |
|Huaguoshan Village |55.8 |44.2 |
|Dongliang Village |52.9 |47.1 |
|Bayikule Village |51.3 |48.7 |
|Jiligelang Village |50.9 |49.1 |
|Bayandai Village |63.2 |37.8 |
|Wulasitai Village |63.6 |37.4 |
|Tuanji Village |55.6 |44.4 |
|Dunmaili Village |61.5 |38.5 |
|Fazhan Village |44.4 |55.6 |
|Bashenkule Village |57.1 |43.9 |
|Sample total |54.7 |45.3 |
(3) Age composition
In the investigated 105 households, including 475 people, children from 0-15 account for 24.4%; people from 16-65 account for 68.4% and people over 66 account for 7.2%. The total population of people over 66 and children under 15 account for 31.6% of the total samples. The sex composition of the investigated households in each village is as follows:
Table 3-8 Age Composition of Population of the Sample Families Affected by the Relocation
|No |Age |Below 15 |16—25 |
|Yingayati Village |68.8 |12.5 |18.8 |
|Huaguoshan Village |88.4 |11.6 |0 |
|Dongliang Village |90.2 |9.8 |0 |
|Bayikule Village |100 |0 |0 |
|Jiligelang Village |87.0 |6.5 |6.5 |
|Bayandai Village |94.7 |2.6 |2.6 |
|Wulasitai Village |22.7 |40.9 |36.4 |
|Tuanji Village |100 |0 |0 |
|Dunmaili Village |100 |0 |0 |
|Fazhan Village |69.4 |13.9 |16.7 |
|Bashenkule Village |87.5 |0 |12.5 |
|Sample total |86.1 |7.2 |6.7 |
(5) Household registration composition
In the investigated 105 households, including 475 persons, the agricultural population accounts for 70.7%; nonagricultural population accounts for 29.3%. The household registration composition of the investigated households is shown in table below.
Table 3-20 The Household Registration Composition of the Population of the Sample Families Affected by the Relocation
|Village |Agriculture（％） |Non-Agriculture（％） |
|Yingayati Village |87.5 |12.5 |
|Huaguoshan Village |74.4 |25.6 |
|Dongliang Village |66.7 |33.3 |
|Bayikule Village |100 |0 |
|Jiligelang Village |40.7 |59.3 |
|Bayandai Village |65.8 |34.2 |
|Wulasitai Village |68.2 |31.8 |
|Tuanji Village |100 |0 |
|Dunmaili Village |100 |0 |
|Fazhan Village |55.6 |44.4 |
|Bashenkule Village |83.9 |16.1 |
|Sample total |70.7 |29.3 |
(6) Educational level
In the investigated 105 households, including 475 persons, people receiving primary school education or below account for 38.7%, people receiving junior middle school education account for 29.9% and people receiving senior middle school education or above account for 15.4%. The educational level of the family members of the investigated households in each family is shown in the table below.
Table 3-10 The Educational Level Distribution of the Population of the Sample Families Affected by Relocation (%)
|No |Educational degree |Illiterate and semilliterate |
|State, departments and|Land Administration Law of the PRC |August 28, 2004 |
|commissions of the | | |
|central government | | |
| |Law of the Peoples Republic of China on Land |August 29, 2002 |
| |Contract in Rural Areas | |
| |《Regulations on the Implementation of the Land Administration Law of the PRC (Decree No.256 of the State Council) |December 27, 1998 |
| |Regulations on the Expropriation of Buildings on State-owned Land |January 21, 2011 |
| |and Compensation Therefor (Decree No.590 of the State Council) | |
| |sion of the State Council on Deepening the Reform and Rigidly |October 21, 2004 |
| |Enforcing Land Administration (SC [2004] No.28) | |
| |Guidelines on Improving Compensation and Resettlement Systems |November 3, 2004 |
| |for Land Acquisition (MLR [2004] No.238) | |
| |Notice of the State Council on Intensifying Land Control (SC [2006] |August 31, 2006 |
| |No.31) | |
| |Notice of the General Office of the State Council on Forwarding the |April 10, 2006 |
| |Guidelines of the Ministry of Labor and Social Security on Doing a | |
| |Good Job in the Employment Training and Social Security of Landexpropriated Farmers (SCO [2006] No.29) | |
| |Measures on Public Announcement of Land Acquisition (Decree |January 1, 2002 |
| |No.10 of the Ministry of Land and Resources) | |
| |Notice of the Ministry of Land and Resources on Further Improving |June 26, 2010 |
| |Land Acquisition Management (promulgated by the Ministry of Land | |
| |and Resources[2010] No.96 ) | |
| |Notice on Improving the Finance Discount Policy for Small-grant |July 27, 2009 |
| |Secured lending and Promoting Women’s Business Start-up (MOF | |
| |[2009] No.72) | |
| |Measures for the Acquisition and Appraisal of Houses on Stateowned Land (HC [2011] No.77) |June 7, 2011 |
| |Measures for the Administration of Circulation of Rural Land Contracted |March 1, 2005 |
| |Management Right (Ministry of Agriculture, Order No. 47) | |
| |Notice of the Ministry of Finance, MInsitry of Human Resources and Social Safeguard, People’s Bank of China and The National Women Union on |July 27, 2009 |
| |Improving the Finance Discount Policy for Small-grant Secured lending and Promoting Women’s Business Start-up ((MOF [2009] No.72) | |
|Xinjiang Uygur |Measures of Xinjiang Uygur Autonomous Region on Implementing Land Administration Law of the PRC (People’s Congress of Xinjiang, No. |October 1, 1999 |
|Autonomous Region |[1999]9-13） | |
| |Implementation Measures of Professional Training and Social Safeguard in Xinjiang Uygur Autonomous Region(Xinjiang Government Office, |September 1, 2008 |
| |No.〔2008〕140 | |
| |Notice of Publishing and Implementing Uniform Annual Year Production Value in Xinjiang Uygur Autonomous Region (Xinjiang National Land and |January 1, 2011 |
| |Resources Bureau No.〔2011〕19) | |
| |Notice on Adjusting and Improving the Basic Pension Payment of Urban Enterprise Staff (Xinjiang Government Office No. [2006]59） |July 31, 2008 |
| |Notice on Regulating the Land Management Administrative Institution Fee Standard of the National Land and Resource System of the Autonomous |May 1, 2001 |
| |Region (Xinjiang Jijia housing No.（2001）500) | |
| |Implementation Measures of Farmland Occupation Tax in Xinjiang Uygur Autonomous Region (Government order No. 159) |January 1, 2008 |
| |New-type Rural Social Endowment Insurance Pilot Scheme in Xinjiang Uygur Autonomous Region (Government No.〔2009〕88) |November 27, 2009 |
| |Notice on Issuing Land Requisition and Demolition Compensation Standards of Key Construction Projects in Xinjiang Uygur Autonomous Region |April 3, 2009 |
| |(Xinjiang National Land and Resources No. [2009]131） | |
|Yili Perfecture |Notice on Improving Urban-rural Medical Rescue System (Yili Prefecture No. [2011]166） |October 1, 2010 |
| |Notice on Issuing Implementation Measures of Professional Training and Social Safeguard of Land Requisition Peasants in Yili Prefecture |July 20, 2010 |
| |(Yili Government No. [2010]81） | |
| |Complementary Method of Pretty-sum Secured Loan inYili Prefecture (Yili Government No. [2011]80) |July 1, 2011 |
|Yining City |Measures of Urban-rural Housing Demolition (Resettlement) Management (Trial) (Yili Government No. [2010]188） |March 15, 2010 |
| |Indemnificatory Apartment Management Measures for Rural Peasants/Herdsmen (trial) (Yili Government No. [2011]93） |March 15, 2011 |
| |Methods of Compensation and Subsidy on Expropriated Buildings on State-owned Land (Yining Government No. [2011]788） |November 15, 2011 |
| |Implementation Methods on Low-rented Houses in Yining City (Yining Government No. 〔2011〕789) |November 25, 2011 |
| |Specifications on the Management on Pretty-sum Credit Loan in Yining City (Yining Government No. 〔2011〕768) |November 16, 2011 |
| |Notice on Compensation Standard on Requisitioned Land in Yining City (Yining Government No. [2011]111) |March 12, 2011 |
| |Methods of Professional Arrangement on Land Requisitioned Peasants and Herdsmen in Yining City (Yining Government, No. [2011]112) |March 12, 2011 |
| |Methods of Social Safeguard for Land Requisitioned Peasants and Herdsmen in Yining City (Trial) (Yining Government, No. [2011]113) |March 18, 2011 |
| |Notice of Issuing the Methods of Social Safeguard for Land Requisitioned Peasants and Herdsmen in Yining City (Yining Government, No. |August 29, 2011 |
| |[2011]697) | |
| |Methods of Endowment Insurance for New-type Villages in Yining City (Trial) (Yining Government, No. [2010]887) |January 1, 2011 |
| |Approval on the Compensation of Temporary Resettlement and Movement Fees for Requsition of State Owned and Collective Lands in Yining City |November 15, 2011 |
| |in 2011(Yining Government, No. [2010]792) | |
| |Notice on Issuing the Housing Replacement Cost in Yining City in 2011 (Guiding Price) and Replacement Cost of Partial Houses in Yining in |April 27, 2011 |
| |2011 (Guiding Price) (Yining Housing, No. [2010]62) | |
|World Bank |Involuantary Resettlement Policy OP4.12 and attachments |January 1,2002 |
| |Involuantary Resettlement Policy BP4.12 and attachments |January 1,2002 |
| |Indigenous People Policy OP4.10 and attachments |July 1, 2005 |
| |Indigenous People Policy BP4.10 and attachments |July 1, 2005 |
4.2 Key provisions of policies on LA, HD and resettlement
4.2.1 Bank policy on involuntary resettlement
The Bank’s policy on involuntary resettlement has been described clearly in OP4.12. The objectives of this policy are as follows:
➢ Involuntary resettlement should be avoided where feasible, or minimized, exploring all viable alternative project designs;
➢ Where it is not feasible to avoid resettlement, resettlement activities should be conceived and executed as sustainable development programs providing sufficient investment resources to enable the persons displaced by the project to share in project benefits. Displaced persons should be meaningfully consulted and should have opportunities to participate in planning and implementing resettlement programs;
➢ Displaced persons should be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to predisplacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher.
Measures required to fulfill the above objectives are:
➢ The resettlement plan or resettlement policy framework includes measures to ensure that the displaced persons are informed about their options and rights pertaining to resettlement.
➢ The displaced persons are consulted on, offered choices among, and provided with technically and economically feasible resettlement alternatives.
➢ The displaced persons are provided prompt and effective compensation at full replacement cost for losses of assets attributable directly to the project.
➢ If the impacts include physical relocation, the resettlement plan or resettlement policy framework includes measures to ensure that the displaced persons are provided assistance (such as moving allowances) during relocation.
➢ The displaced persons are provided with residential housing, or housing sites, or, as required, agricultural sites for which a combination of productive potential, locational advantages, and other factors is at least equivalent to the advantages of the old site.
➢ Where necessary to achieve the objectives of the policy, the resettlement plan or resettlement policy framework also include measures to ensure that displaced persons are offered support after displacement, for a transition period, based on a reasonable estimate of the time likely to be needed to restore their livelihood and standards of living.
➢ The displaced persons are provided with development assistance in addition to compensation measures, such as land preparation, credit facilities, training, or job opportunities.
➢ Particular attention is paid to the needs of vulnerable groups among those displaced, especially those below the poverty line, the landless, the elderly, women and children, indigenous peoples, ethnic minorities, or other displaced persons who may not be protected through national land compensation legislation. Resettlement Action Plan fo the World Bank-funded Gansu Qingyang Urban Infrastructure Improvement Project
➢ Preference should be given to land-based resettlement strategies for displaced persons whose livelihoods are land-based. These strategies may include resettlement on public land, or on private land acquired or purchased for resettlement. Whenever replacement land is offered, resettlers are provided with land for which a combination of productive potential, locational advantages, and other factors is at least equivalent to the advantages of the land taken. If land is not the preferred option of the displaced persons, the provision of land would adversely affect the ustainability of a park or protected area, or sufficient land is not available at a reasonable price, non-land-based options built around opportunities for employment or self-employment should be provided in addition to cash compensation for land and other assets lost. The lack of adequate land must be demonstrated and documented to the satisfaction of the Bank.
➢ Experiences of the World Bank show that resettlement of indigenous people who depend on lands and traditional production mode is especially complex, as resettlement activities may cause severe negative impacts on their identity features and cultural continuation. If resettlement can not be avoided, appropriate land-displacement resettlement strategy shall be prepared in consultation with indigenous people and the strategy shall be in accordance with their cultural characteristics.
➢ Payment of cash compensation for lost assets may be appropriate where (a) livelihoods are land-based but the land taken for the project is a small fraction of the affected asset and the residual is economically viable; (b) active markets for land, housing, and labor exist, displaced persons use such markets, and there is sufficient supply of land and housing; or (c) livelihoods are not landbased. Cash compensation levels should be sufficient to replace the lost land and other assets at full replacement cost in local markets.
➢ Displaced persons and their communities, and any host communities receiving them, are provided timely and relevant information, consulted on resettlement options, and offered opportunities to participate in planning, implementing, and monitoring resettlement. Appropriate and accessible grievance mechanisms are established for these groups.
➢ In new resettlement sites or host communities, infrastructure and public services are provided as necessary to improve, restore, or maintain accessibility and levels of service for the displaced persons and host communities. Alternative or similar resources are provided to compensate for the loss of access to community resources (such as fishing areas, grazing areas, fuel, or fodder).
➢ Patterns of community organization appropriate to the new circumstances are based on choices made by the displaced persons. To the extent possible, the existing social and cultural institutions of resettlers and any host communities are preserved and resettlers' preferences with respect to relocating in preexisting communities and groups are honored.
➢ The lack of the above measures will render the rights and interests of the displaced persons unprotected.
4.2.2 Bank minority policy on Resettlement
The Bank’s policy on minority development has been described clearly in OP4.10. The major policies are as follows:
➢ Where the project affects Indigenous Peoples, the borrower shall engages in free, prior, and informed consultation with them at each stage of the project, in particular at the preparation stage;
➢ Prepare Indigenous Peoples Plan or Framework of Indigenous Peoples Plan
➢ Publish Indigenous Peoples Plan or Framework of Indigenous Peoples Plan
➢ The borrower shall prepare a resettlement plan in accordance with the requirements of OP4.12,Involuntary Resettlement, that is compatible with the Indigenous Peoples’ cultural preferences, and includes a land-based resettlement strategy. As part of the resettlement plan, the borrower documents the resultsof the consultation process. Where possible, the resettlement plan should allowthe affected Indigenous Peoples to return to the lands and territories they traditionally owned, or customarily used or occupied, if the reasons for their relocation cease to exist.
4.2.3 Applicable provisions of the Land Administration Law of the PRC
Article 47:
In acquiring land, compensation should be made according to the original purposes of the land acquired.
The land compensation fees shall be 6-10 times the average output value of the three years preceding the acquisition of the cultivated land. The resettlement fee shall be calculated according to the number of agricultural population to be resettled. The number of agricultural population to be resettled shall be calculated by dividing the amount of cultivated land acquired by the per capital land occupied of the unit whose land is acquired. The resettlement fees for each agricultural person to be resettled shall be 4-6 times the average annual output value of the three years preceding the acquisition of the cultivated land. But the maximum resettlement fee per hectare of land acquired shall not exceed 15 times of the average annual output value of the three years prior to the acquisition.
The standards for land compensation and resettlement fees for land acquired shall be determined by various provinces, autonomous regions and municipalities in reference to the land compensation fees and resettlement fees for cultivated land acquired.
In acquiring vegetable fields in suburban areas, the units using the land should pay new vegetable field development and construction fund.
Whereas the land compensation fees and resettlement fees paid according to the provisions of the second paragraph of this article are not enough to maintain the original level of living, the resettlement fees may be increased with the approval of the people's governments of provinces, autonomous regions and municipalities. But the combined total of land compensation fees and resettlement fees shall not exceed 30 times the average output value of the three years prior to the acquisition.
In special circumstances, the State Council may raise the standards for land compensation and resettlement fees for land acquired according to the social and economic development level.
4.2.4 Applicable provisions of the Regulations on the Expropriation of Buildings on State-owned Land and Compensation
Expropriation of the state-owned houses involved in the project shall be carried out in accordance with the Regulations on the Expropriation of Buildings on State-owned Land and Compensation, major provisions include:
1. Definition of the scope of public interests:
Article 8 In order to protect national security, promote economic and social development and for other public interests, if houses are absolutely required to be expropriated in any of the following circumstances, decisions on house expropriation shall be made by municipal and county governments:
(1) The needs of national defense and foreign affairs;
(2) The needs of energy, transportation, water conservation and other infrastructure construction projects carried out under the organization of the governments;
(3) The needs of science and technology, education, culture, health, sports, environmental and resource protection, disaster prevention and mitigation, heritage conservation, social welfare, municipal utilities and other public utility projects carried out under the organization of the governments;
(4) The needs of construction projects for affordable residential houses carried out under the organization of the governments;
(5) The needs of old city reconstruction projects for districts where dilapidated buildings are concentrated and poor infrastructure facilities are located that are carried out by the governments pursuant to relevant provisions of the urban and rural planning law;
(6) The needs of other public interests as set forth in laws and administrative regulations.
2．Compensation rates for demolition shall not be less than market prices
Article 17 The compensation to be paid by the city and county people's governments that have made the decisions on house acquisition to the persons whose houses are to be acquired shall include:
(1) The compensation for the value of the houses to be acquired;
(2) The compensation for relocation and temporary resettlement arising from the house acquisition; and
(3) The compensation for losses arising from production and business suspension caused by the house acquisition.
City and county people's governments shall formulate the procedures forsubsidies and incentives, and grant subsidies and incentives to the persons whose houses are to be acquired.
Article 19 The compensation for the value of houses to be acquired shall not be less than the market price of the real estate comparable to the houses to be acquired on the date of the public notice of the house acquisition decisions. The value of the houses to be acquired shall be assessed and determined by real estate appraisal agencies with appropriate qualifications in accordance with the procedures for evaluating houses to be acquired.
Anyone who has objection to the value of the houses to be acquisition that has been assessed and determined may apply to the real estate appraisal agency for reassessment. Anyone who disagrees with the results of the review may apply to the real estate appraisal expert committee for appraisal.
The procedures for the appraisal of the houses to be expropriated shall be formulated by the competent department of the State Council for housing and urban and rural construction. In the process of the formulation, opinions shall be solicited from the general public.
3．Demolition shall not begin until compensation fees have been paid
Article 21 The persons whose houses are to be acquisitioned may choose monetary compensation or house property rights exchange. If the persons whose houses are to be acquired select house property rights exchange, city and county people's governments shall provide the houses to be used for property rights exchange.
Article 22 If any relocation is caused by house acquisition, the house acquisition department shall pay relocation costs to the persons whose houses are to be acquisitioned. If any persons choose house property rights exchange, the house acquisition department shall, prior to the delivery of the houses to be used for property rights exchange, pay temporary resettlement costs or provide transitional houses to the persons whose houses are to be acquisition.
Article 23 The compensation for any losses arising from production and business suspension caused by house acquisition shall be determined according to profits, duration of production and business suspension and other factors prior to the house acquisition.
4．Judicial compulsory demolition instead of administrative compulsory demolition
Article 27 In carrying out house acquisition, compensation shall be paid first before relocation. After the city and county people's governments that have made the decisions on house expropriation shall pay compensation to the Persons Whose Houses Are to Be
Expropriated, the Persons Whose Houses Are to Be Expropriated shall complete the relocation the period of relocation as agreed upon in the compensation agreements or determined in the compensation decisions.
No unit or individual may compel the persons whose houses are expropriated to relocate through violence, threat or other illegal methods such as water, heat, gas, power supply and road access suspension in violation of the regulations. Construction units shall be prohibited from participating in relocation activities.
Article 28 If the persons whose houses are acquisition fail to apply for administrative reconsideration or institute administrative proceedings within the statutory time limit, and fail to relocate within the period set forth in the compensation decision, the city and county people's governments that have made the decisions on house acquisition shall petition the people's court for enforcement.
The applications for enforcement shall include materials such as the amount of compensation and special account number, the locations and areas of the houses used for property rights exchange and transitional houses as attachments.
4.2.5 Applicable provisions of the Decision of the State Council on Deepening the Reform and Rigidly Enforcing Land Administration (SC [2004] No.28)
Article 12 Improving measures of compensation for land acquisition. Countylevel and above local people’s governments shall take practical measures so that the standard of living of farmers affected by land acquisition is not reduced by land acquisition. Land compensation, resettlement subsidy and compensation for ground annexes and crops shall be paid in full and timely pursuant to law. If the land compensation and resettlement subsidy pursuant to the prevailing laws and regulations are insufficient to maintain the former standard of living of the farmers affected by land acquisition or to pay the social security expenses of farmers who lose all land due to land acquisition, the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government shall approve an increased resettlement subsidy. If the sum of the land compensation and the resettlement subsidy attains the statutory upper limit and is still insufficient to maintain the former standard of living of the farmers affected by land acquisition, local people’s governments may pay a subsidy from the income from compensated use of state land. The people’s governments of provinces, autonomous regions and municipalities directly under the Central Government shall fix and publish the uniform annual output value standards or integrated land prices for land acquisition of all cities and counties, so that the same price applies to the same kind of land. For key construction projects of the state, land acquisition expenses must be listed in the budgetary estimate in full. Compensation rates and resettlement measures for large and medium-sized water resources and hydropower projects shall be otherwise stipulated by the State Council.
Article 13 Resettling land-expropriated farmers properly. County-level and above local people’s governments shall take specific measures to guarantee long-term livelihoods of farmers affected by land acquisition. For projects with a stable income, farmers may become a shareholder using the right to use of land used for construction approved pursuant to law. Within the urban planning area, local people’s governments shall bring farmers who lose all land due to land acquisition into the urban employment system, and establish a social security system; out of the urban planning area, in acquiring land collectively owned by farmers, local people’s governments shall reserve necessary arable land or arrange appropriate jobs for farmers affected by land acquisition within the same administrative area; farmers without land who do not have the basic living and production conditions shall be subject to non-local resettlement. The labor and social security authorities shall propose guidelines for the employment training and social security systems for farmers affected by land acquisition as soon as possible.
Article 14 Improving land acquisition procedures. During land acquisition, the ownership of collective land of farmers and the right to contracted management of farmers’ land shall be maintained. Before land acquisition is submitted for approval pursuant to law, the use, location, compensation standard and resettlement mode of the land to be acquired shall be notified to farmers affected by land acquisition; the survey results of the present situation of the land to be acquired shall be confirmed by rural collective economic organizations and farmers to be affected by land acquisition; if necessary, the land and resources authorities shall organize a hearing in accordance with the applicable provisions. The materials for notification to and confirmation by the farmers affected by land acquisition shall be taken as requisite materials for approval for land acquisition. Accelerate the establishment and improvement of the coordination and judgment mechanism for disputes over compensation and resettlement for land acquisition to protect the lawful rights and interests of farmers affected by land acquisition and land users. Approved matters of land acquisition shall be disclosed unless in special cases.
Article 15 Strengthening Supervision over the implementation of land acquisition. If the compensation and resettlement for land acquisition has not been implemented, the acquired land shall not be used forcibly. The People’s governments of provinces, autonomous regions and municipalities directly under the Central Government shall formulate the procedures for the distribution of the land compensation within rural collective economic organizations on the principle that the land compensation is used for rural households affected by land acquisition mainly.
Rural collective economic organizations affected by land acquisition shall disclose the receipt, disbursement and allocation of land compensation fees to their members and accept supervision. The agricultural and civil affairs authorities shall strengthen the supervision over the allocation and use of land compensation fees within rural collective economic organizations.
4.2.6 Notice of the Ministry of Land and Resources on Further Improving Land Acquisition Management (National Land Resources [2010] No. 96 )
(1) Apply uniform AAOV rates and location-based integrated land prices for land acquisition in all aspects. Fixing uniform AAOV rates and location-based integrated land prices for land acquisition are an important measure for improving land acquisition compensation mechanism and realizing equal price for equal land, and also an essential requirement for increasing compensation rates for land acquisition, and protecting farmers’ rights and interests. These rates shall be complied with strictly for rural collective land acquired for all types of construction. For any new construction project, strict control shall be exercised upon land use pre-examination to ensure that land acquisition compensation fees are calculated according to the published uniform AAOV rates and location-based integrated land prices for land acquisition, and are included in the budgetary estimates in full. If the construction land is located in an area with the same AAOV or location-based integrated land price, the level compensation for land acquisition shall be largely consistent, so as to realize equal compensation for equal land.
All localities shall establish a dynamic adjustment mechanism for compensation rates for land acquisition, adjust compensation rates for land acquisition every 2 or 3 years depending on economic level and local per capita income growth, and improve the compensation level for land acquisition gradually. Provinces where prevailing compensation rates for land acquisition have exceeded specified levels shall adjust and amend their compensation rates hereunder. Any province that fails to make timely adjustments shall not be pass land use examination.
(2) Explore and improve depository systems for land acquisition compensation fees. In order to prevent the default of land acquisition compensation fees, and ensure that compensation fees are made available timely and fully, all localities shall explore and improve depository systems for land acquisition compensation fees. When organizing land approval, a municipality or county shall estimate land acquisition compensation fees according to the size and compensation rate of land acquisition, and the land use applicant shall deposit land acquisition compensation fees in advance; for urban construction land and land for any construction project selected separately in the mode of transfer, the local government shall deposit land acquisition compensation fees in advance. After the land use has been approved according to law, the deposited land acquisition compensation fees shall be settled timely.
Province-level land and resources departments shall establish sound rules and regulations for the deposition of land acquisition compensation fees together with competent authorities based on local conditions, and exercise control during land use examination.
(3) Distribute land acquisition compensation fees rationally. After uniform AAOV rates and location-based integrated land prices for land acquisition are practiced, province-level land and resources departments shall establish sound measures for the distribution of land acquisition compensation fees together with the departments concerned, and submit them to province-level governments for approval provided compensation fees for land acquisition should be used mainly on land-expropriated farmers.
Upon land acquisition, municipal and county land and resources departments shall pay compensation and resettlement fees timely and fully according to determined compensation and resettlement programs for land acquisition; fees payable to land-expropriated farmers shall be paid directly to individual farmers, and the withholding or embezzlement of compensation and resettlement fees for land acquisition shall be prevented or corrected timely.
II. Adopt diversified resettlement modes to ensure land-expropriated farmers’ production and livelihoods
(4) Give priority to agricultural resettlement. All localities shall adopt effective resettlement modes suited to local conditions. In rural areas where cultivated land has been added through land management or much mobile land is reserved by rural collective economic organizations, priority shall be given to the mode of agricultural resettlement upon land acquisition, where newly added cultivated land or mobile land shall be allocated to land-expropriated farmers so that they are able to maintain basic production conditions and income sources.
(5) Regulate resettlement on reserved land. Where land acquisition is conducted within the range of urban construction land identified in a master plan for land utilization, the resettlement mode on reserved land may be adopted based on local conditions. However, guidance and management shall be strengthened. Reserved land shall be provided in the range of urban construction land and converted into state-owned land; where farmland conversion is involved, it shall be included in annual land utilization plans to prevent expanding the size of urban construction land due to resettlement on reserved land; reserved land development shall comply with the urban construction plan and pertinent provisions. In areas where resettlement on reserved land is practiced, local governments shall develop strict administrative measures to ensure that reserved land is arranged normatively and orderly, and developed and utilized scientifically and rationally.
(6) Ensure social security funds for land-expropriated farmers are available.
Including land-expropriated farmers in the social security system is an effective way of solving the long-term livelihood problem of land-expropriated farmers. Land and resources departments at all levels shall promote the building of the social security system for land-expropriated farmers together with the departments concerned under the leadership of local governments. Presently, the key to the social security for landexpropriated farmers is to secure social security funds. All localities are encouraged to expand sources of social security funds from land users in conjunction with compensation and resettlement for land acquisition. During land use examination and approval, all localities shall control the availability of social security funds for land expropriated farmers.
In areas where trials on the new rural social endowment insurance system are conducted, the social security for land-expropriated farmers shall be linked up with the new rural social security system. Where land-expropriated farmers are included in the new rural social security system, the social security system for land expropriated farmers shall also be implemented, and the new rural social security system shall not be used in place of the social security system for land-expropriated farmers.
III. Implement compensation and resettlement for the demolition of farmers’ residential house in land acquisition to solve the housing problem of land expropriated farmers.
(7) Implement compensation and resettlement for houses demolished in land acquisition practically. All localities shall attach great importance to farmers’ house demolition in land acquisition, and strengthen management practically pursuant to the Emergency Notice. Compensation and resettlement for farmers’ house demolition involves many aspects, such as land, planning, construction, household registration and civil affairs management, and also such social issues as public security, environmental management and folk customs. Municipal and county land and resources departments shall establish a coordination mechanism, develop measures and implement house demolition properly together with the departments concerned under the unified leadership of local governments. The applicable laws, regulations and policies shall be complied with strictly, and the relevant procedures performed, so that displaced rural households are resettled before their houses are demolished and illegal or nonconforming compulsory demolition shall be avoided or corrected.
(8) Reasonable compensation and resettlement shall be provided for house demolition. Farmers’ houses demolished in land acquisition shall be compensated for reasonably, and diversified resettlement modes suited to local conditions adopted to solve the housing problem for displaced rural households properly. In far suburbs and rural areas, the mode of relocation and reconstruction shall be adopted mainly, where housing sites shall be allocated for house construction. Compensation for house demolition shall cover both demolished houses and acquired housing sites. Demolished houses shall be compensated for at replacement cost, and acquired housing sites shall be compensated for at local compensation rates for land acquisition.
In outskirts and urban villages, no housing site shall be allocated separately for house construction in principle, while the mode of compensation in cash or in kind shall apply mainly, where displaced rural households shall purchase houses themselves or accept resettlement housing provided by the government. The sum of compensation fees and government subsidies received by displaced rural households shall be sufficient for them to purchase houses at reasonable levels.
(9) Carry out LA and HD orderly under unified planning. In outskirts and urban villages, local governments shall forecast the scale of farmers’ house demolition and resettlement within a certain period based on urban development plans, make advance arrangements for resettlement sites and housing, and organize house demolition orderly. Resettlement housing construction shall comply with urban development plans, and “repeated demolition” shall be avoided. In far suburbs and rural areas, in case of resettlement by relocation and reconstruction, relocation and reconstruction land shall be provided within village and town construction land, giving priority to the utilization of idle land and unused housing land. For villages included in the range of demolition and merger, relocation and reconstruction land shall be as close to planned settlements as possible. Where conditions permit, resettlement housing for displaced rural households shall be constructed in a unified manner in conjunction with new countryside or central village building.
IV. Regulate land acquisition procedures and improve the transparency of land acquisition.
(10) Conduct notification, confirmation and hearing carefully before reporting for approval. Land acquisition concerns farmers’ immediate interests, and the rights of information, participation, appeal and supervision of farmers shall be protected. Municipal and county land and resources departments shall perform the procedures carefully to listen well to farmers’ opinions before reporting for approval of land acquisition in strict conformity with the pertinent provisions. Land acquisition programs shall be notified practically to village groups and farmers by such means as broadcast, village bulletin board and announcement in conjunction with village affairs disclosure. If any land-expropriated farmer has an objection and proposes a public hearing, the local land and resources department shall organize a hearing timely.
Reasonable requirements proposed by farmers must be addressed properly.
(11) Simply post-approval implementation procedures. In order to shorten the implementation time after land acquisition approval, where the notification, confirmation and hearing procedures have been performed, and the confirmation of land ownership, land type, size, ground attachments and young crops, and compensation registration have been completed before reporting for approval of land acquisition, the compensation and resettlement program for land acquisition may be drafted upon reporting for approval of land acquisition. After the approval of land acquisition, the land acquisition announcement, and the announcement of the compensation and resettlement program for land acquisition may be posted concurrently. If there is any further public opinion during announcement, the policies shall be publicized and explained carefully to win public understand and support.
V. Performing duties practically and strengthening land acquisition management
(12) Strengthen the responsibility of municipal and county governments as the main subject of land acquisition. According to law, municipal and county governments are the main subject of land acquisition, and generally responsible for the fixation of compensation rates for land acquisition, compensation and resettlement for house demolition, the timely and full disbursement of compensation fees, the employment training of land-expropriated farmers, and the inclusion of landexpropriated farmers in the social security system. Land and resources departments shall perform its responsibilities under the unified leadership of the government to ensure that land acquisition is conducted normatively and orderly.
(13) Implement a feedback system after approval of land acquisition.
Within 6 months of approval of construction land (for urban construction land approved by the State Council, after the approval of farmland conversion and land acquisition programs by province-level governments), municipal and county land and resources department shall submit information on the implementation of land acquisition, including the range and size of land acquisition, the performance of the post-approval procedures for land acquisition, the availability of land acquisition compensation fees, and the resettlement and social security implementation of landexpropriated farmers, to province-level land and resources department, and the Ministry of Land and Resources via the online submission system. Province-level land and resources departments shall urge and direct municipalities and county to submit information properly, check submitted information, correct non-submission, delayed submission and erroneous submission timely. Land and resources departments at all levels shall take full advantage of submitted information to master and analyze the post-approval implementation of land acquisition, strengthen postapproval land regulation, and ensure that land acquisition is implemented as required.
4.3 Policy of Immigration Resettlement of the Project
4.3.1 Policy of Requisition and Resettlement of Rural Collective-ownd land
The principle and standard of compensation for land requisition and immigration resettlement of the project, and the procedure and supervisory mechanism of land requisition are compiled mainly according to the Land Administration Law of the People’s Republic of China, Regulations on the Implementation of the Land Administration Law, Measures for Implementation of the Land Administration Law of the People’s Republic of China in Xinjiang Uygur Autonomous Region, Notice on Further Completion of Land Requisition Administration by the Ministry of Land and Resources (June 2010), and relevant policies of Ili Prefecture and Yining City.
The compensation standard for land requisition in the range of the project affected area will not be lower than the compensation standard publically announced in the above-mentioned documents, for specific compensation standards see Table 5-1.
In accordance with the Compensation Standard for Land Requisition of Yining City (Yi Shi Zheng Ban [2011] No.111) of the Yining Municipal Government, the compensation policy for requisition of urban collective-owned land of the project is as follows:
1. Compensation for Land
The compensation for land of Yining City, calculated by 8 times, is 12000 Yuan for each mu, within which, 3000 Yuan is directly paid to the collective economic organization of the land requisitioned village, and other funds are supervised and administrated by the municipal authority of agricultural economy. The funds will be used as earmarked funds, after the use scheme is proposed by the village collective economic organization, reviewed by the township (town) government and approved by the People’s Government of the city, mainly for the resettlement housing, affordable housing for farmers and herdsmen of the collective economic organization, housing and people enriching, and construction of people enriching markets, as well as reemployment training and aged living security for farmers and herdsmen.
2. Allowance for resettlement
According to the Xin Guo Tu Zi Fa Document (2011) No.19, the allowance base is 1500 Yuan/mu, and the allowance for resettlement will be implemented according to the following standard:
Arable land: compensation standard of 39000 Yuan/mu
Garden land: compensation standard of 48000 Yuan/mu
Forrest land: reference to the compensation for resettlement of requisitioned arable land.
3. Compensation for green crops and compensation for attachments on the land will comply with the Document [2001] No.500 on new valued housing, for details see Appendix 2.
The allowance for resettlement and compensations for green crops and attachments on the land will be directly paid to the peasant household affected by land requisition.
4.3.2.Policy of Permanent Occupation of State-owned Land
The state-owned land occupied by the project is obtained by recovery with compensation and allocation without compensation.
For occupation of state-owned land that the use right is obtained by market, the project will recover the land use right by compensation on the basis of the appraisal report by market appraised value prepared by third party appraisal company. For state-owned land occupied by the project, the use right will be considered to be compensated in uniform during the process of appraisal of requisition of houses on state-owned land.
For occupation of the state-owned land that the use right is obtained by allocation, the project, as a construction project of public infrastructure facilities, will recover the state-owned land use right without compensation.
4.3.3.Policy of Compensation and Resettlement for Relocation of Rural Residential Housing
For the rural residential housing demolished in this batch of projects, the compensation standard and resettlement scheme for relocation of rural residential housing will be prepared on the basis of full communication and negotiation with the affected household, in accordance with laws, regulations and policies of the city, province and the country.
The resettlement methods for relocation of rural residential housing include: 1. Compensation in currency; 2. Exchange of property right.
Relevant policies and clauses include:
The main clauses defined in the Administrative Measures for Resettlement of Demolished (Transferred) Urban and Rural Housing of Yining City (Provisional) (Yi Shi Zheng Ban [2010] No.188) include:
Clause 14 The demolished (transferred) housing on state-owned land and collective-owned land will be compensated and resettled by the methods of compensation in currency or resettlement by exchange of housing property right among multi floors of the building, any of which can be selected by the demolished (transferred) house owner.
The attachments to housing will be compensated in currency.
For relocation of housing on collective-owned land, the housing will be compensated in currency or its property right will be exchanged. The original collective-owned land will be legally requisitioned and recovered by the municipal authority of land and resources in accordance with the Land Administration Law of the People’s Republic of China, without adjustment of use land.
Clause 20 In case the relocation (transfer) of housing on collective-owned land is compensated in currency, the compensation should comply with the price for replacement and building on housing market issued by the municipal government in the current year or the previous year.
In case the relocation (transfer) of housing on collective-owned land is compensated by exchange of property right, the demolished (transferred) house owner can select property right exchange with the resettlement housing or affordable housing for farmers (herdsmen) constructed in uniform by the Yining Municipal Government, within the range of 1:1.2 of the actual building area of the demolished (transferred) principal rooms, with specific exchange methods as follows:
1. The resettlement housing or affordable housing exchanged by ratio of 1:1.2 with area less than 80 square meters will be exchanged by 80 square meters.
2. The resettlement housing or affordable housing exchanged by ratio of 1:1.2 with area over 200 square meters will be exchanged by 200 square meters. The original building area that exceeds the building area by exchange ratio will be compensated by the price for replacement and resettlement on housing market in the current year or the previous year.
3. Each square meter will be compensated by 150 Yuan according to the actual building area of the resettlement housing or affordable housing after exchange of property right.
Clause 21 For relocation (transfer) of residential housing of farmers (herdsmen), in case the contracted field is voluntarily returned and requisitioned according to the requisition plan, after the land is demolished (transferred) and requisitioned, the farmer (herdsman) of the demolished (transferred) and requisitioned land can be changed to non-agricultural status.
For the farmers (herdsmen) of requisitioned land who lose all, majority or part of land and are in the labor age (16 to 60, no matter male or female) or reach the age of retirement (60 years for both male and female), the Measures for Implementation of Employment Training and Social Security for Farmers of Requisitioned Land in Xinjiang Uygur Autonomous Region should be implemented.
In case the contracted land of the farmer (herdsman) and the demolished (transferred) land and their children is completely requisitioned, and their children comply with the conditions for allocation of house site, the Administrative Measures for Resettlement Housing (Affordable Housing) and House Site of Farmers and Herdsmen of Yining City should be implemented. For the children do not comply with the conditions for allocation of house site, the following housing problem will be treated by the standard of urban resident.
Clause 22 The demolished house owner who transferred in advance within the regulated transfer time limit and independently completed demolition will be rewarded 10% currency according to the overall appraisal of the demolished (transferred) house/yard, with maximum of no more than 20000 Yuan.
The demolished (transferred) house owner who is resettled by exchange of property right can go through property related registration formalities with exemption of the handling fee for real estate transaction and the fee of land administration.
Clause 30 The demolishing (transferring) person should pay transfer fee to the demolished house owner or the house lessee.
During the transition period, in case the demolished (transferred) house owner or house lessee independently arranged residence, the relocation (transfer) fee should include transition fee; in case the demolished (transferred) house owner or house lessee uses the transition house provided by the demolishing (transferring) person, the relocation (transfer) fee should not include transition fee.
The standard for transfer fee and transition fee will be estimated by the Yining municipal authority of real estate management according to the economic status of the current year, and announced each year.
Actual transition period of demolished (transferred) house owner or house lessee: transition period of 6 months for that compensated in currency; transition period from demolishing date to moving back date for that compensated by exchange of property right. In case of prolonged transition period due to the reason of the demolishing (transferring) person, the demolishing (transferring) person should correspondingly increase the transition fee of the user of transition house from the date of overdue.
Clause 31 Principal room, i.e. room with four wall bodies, roof and fixed foundation for people working, living and studying therein, and permanent place with floor height of over 2.2 meters (excluding tea booth, coal room, toilet, warehouse and independent kitchen).
The main clauses defined in the Measures for Compensation, Allowance and Reward for Requisition of Housing on State-owned Land of Yining City (provisional) (Yi Shi Zheng Ban [2011] No.788) include:
Clause 6 Compensations for the requisitioned house owner should include:
1. Compensation for the value of requisitioned house;
2. Compensation for transfer and temporary resettlement caused by house requisition;
3. Compensation for loss of stop production and shutdown caused by house requisition.
During evaluation of requisitioned house, the factors influencing the value of requisitioned house should be taken into consideration: the location, purpose, architectural structure, aging degree, building area, covered land area and land use right, etc. of the requisitioned house.
The compensation for the value of indoor decoration and fitting of the requisitioned house, transfer fee of machine/equipment and materials, and loss of stop production and shutdown should be determined by negotiation with the involved person in requisition; in case of failed negotiation, it can be determined by entrusted organization of real estate appraisal.
Clause 11 The above-mentioned regulations are not applicable to the price evaluation of house and attachment on collective-owned land, except for the requisition of housing of combination area of city and country and “villages within the city” without new adjustment of house site or land for collective construction.
Clause 15 Yining People’s Government will take the following measures to compensate and reward the requisitioned house owners:
(1). Residential housing on state-owned land (only one of the following 1-3 reward measures can be selected):
1. In case the requisitioned house owner selects exchange of house property right, it should be exchanged by the ratio of 1:1.2 of principal room area of the requisitioned house (maximum of no more than 120 square meters0, and be rewarded by 150 Yuan/square meter according to the exchanged area (with maximum building area for allowance of no more than 200 square meters, the same below).
In case the building area of the house for property exchange selected by the requisitioned house owner exceeds the part of 1:1.2 ratio, the excessive area will be balanced by the market price of newly built ordinary commercial house in the same location.
2. In case the requisitioned house owner selects to buy the limited-price commercial house provided by Yining Municipal People’s Government, the house can be purchased according to the price of limited-price commercial house announced by Yining Municipal People’s Government in the current year within the range of 1:1.5 of requisitioned house (principal room) (no more than 200 square meters), with allowance of 150 Yuan per square meter, but the allowance enjoying building area shall not exceed 200 square meters (inclusive), and the excessive part should be purchased by market price.
3. The requisitioned house owner in the administrative area of Yining City who selects to buy ordinary commercial house in the area outside the requisitioned land will be awarded allowance of 300 Yuan per square meter of building area of the commercial house purchased by the requisitioned house owner; but the allowance enjoying building area shall not exceed 200 square meters (inclusive).
(2) In case of exchange of house property right of building for commercial use, it can be exchanged by the same floor in the same location by ratio of 1:1 building area of the principal room of the requisitioned house.
(3) The demolished house owner who transferred in advance within the regulated transfer time limit and independently completed demolition of the house and other attachments will be rewarded in currency according the 10% of the total appraised price of the requisitioned house, with maximum of no more than 20000 Yuan.
(4) The requisitioned house owner who is resettled by exchange of property right can go through the registration formalities of real estate exchange with exemption of the handling fee for real estate transaction and the fee of land administration.
4.3.4.Policy of Relocation and Resettlement of Non-residential housing
➢ Policy of compensation for non-residential housing on state-owned land
All of the houses of enterprises and institutions on state-owned land involved in relocation in the project belong to gatehouse, warehouse, office and other attachment houses, which do not exert substantial influence on production and operation, without the need of transfer and reconstruction in other place. Therefore, the project will provide one-off compensation in currency for the affected houses on state-owned land, with asset loss compensated by appraised market price, and provide use right of state-owned land.
➢ Policy of compensation for non-residential housing on collective-owned land
All of the houses of enterprises and institutions on rural collective-owned land involved in relocation in the project belong to gatehouse, warehouse, office and other attachment houses, which do not exert substantial influence on production and operation, and the remaining land can maintain original activities of production and operation, without the need of transfer and reconstruction in other place. Therefore, the project will provide one-off compensation in currency for the affected houses on collective-owned land, with asset loss compensated by appraised market price, and provide use right of construction land, with compensation standard referencing to the compensation of requisition of rural collective-owned land.
➢ Policy of relocation and resettlement of commercial shops
The demolished commercial shops in the project will be compensated by two methods of use right exchange and compensation in currency, which can be selected voluntarily by the shop owner affected by relocation. In case of house for commercial use compensated by exchange of house property right, it can be exchanged by the shop on the same floor and in the same location by ratio of 1:1 building area of principal room of the requisitioned house; in case of compensation in currency, it will be compensated one-off in currency by appraised market price. For loss of machine stopping and shutdown of the shop, the project will provide allowance of 6000 Yuan for each shop.
4.3.5.Policy of supporting disadvantaged groups
The disadvantaged groups involved in the project mainly include four types: destitute household, low-income family, disabled persons and family of single aged person, being all rural population. During resettlement the disadvantaged groups will obtain the right of preference and enjoy various supporting policies.
The policy of supporting disadvantages groups mainly includes:
1. Policy of urban and rural subsistence allowance
Rural residents:
All difficult rural residents with agricultural status in their country/city, annual income per capita of together-living family members and actual living standard lower than the local standard of subsistence allowance (1140 Yuan/year) can apply for the treatment of rural subsistence allowance. The objects of rural five guarantees will be involved in the maintenance system of rural five guarantees.
In addition, the current objects of subsistence allowance will be additionally awarded living allowance: 12 Yuan/capita*month in city.
Minimum subsistence allowance refers to the balance between the monthly income per capita of urban residential family and the minimum standard of living guarantee of urban residents.
Rural people without source of income, labor capacity, and those have no kin and legal obligor for support and maintenance and cannot support themselves will be maintained in accordance with the policy of five guarantee.
People with family income lower than local rural standard of minimum living guarantee will enjoy balance guarantee.
Rural subsistence allowance of each household=family members*(supplemented balance+living allowance), supplemented balance=standard of minimum living guarantee-family income per capita, family income per capita=total of all incomes of all family members/number of family members, and living allowance refers to the various allowances additionally issued to low-income family by the country and autonomous region in recent years against price rises.
Urban residents:
All urban residents with non-agricultural status in the administrative region of Yining City and annual income per capita of together-living family members lower than the standard of subsistence allowance of Yining City (195 Yuan/month) can enjoy subsistence allowance of urban residents.
Subsistence allowance refers to the balance between the lower family income per capita of urban residents and higher minimum standard of living guarantee, within which, the subsistence allowance for the objects without source of income, labor capacity and those without legal obligor for support and maintenance and cannot support themselves will be issued in full amount according to the standard of minimum living guarantee, and other guarantee objects will be supported according to balance.
Monthly family subsistence allowance=monthly allowance standard per capita*number of family members-total monthly family income.
In addition, additional living allowance for current low-income object: 15 Yuan/person*month in city.
2. Policy of urban and rural medical assistance
Assistance objects:
Objects of rural five guarantees, objects of urban low-income objects, urban unemployment residents and rural poverty-stricken households suffering particularly serious diseases (malignancy, leukemic, acute and chronic organ failure), and severe disability (disability at level 1 and 2)
Assistance method:
Three assistance methods of fee payment by financial aid (financial aid for low-income persons who participate in urban resident medical insurance), assistance before and during medical treatment of subsistence allowance objects, and basic medical assistance and medical assistance for serious disease
Range of diseases and assistance standard:
1) Range of diseases is not limited, without payment beginning point, and the medical assistance is provided by fixed hospital.
2) Assistance standard:
1. Financial aid for low-income family to participate in urban resident medical insurance. Encourage urban in-come people to participate in urban resident medical insurance, provide financial aid for subsistence allowance objects to participate in urban resident medical insurance, and provide appropriate allowance to the part that should be paid individually. Among the subsistence allowance objects, students, children and people of “3 withouts” (without source of income, labor capacity, and those have no kin and legal obligor for support and maintenance and cannot support themselves) will be supported in full amount by the authority of civil administration by the standard of 10 Yuan/person*year for students and children, 60 Yuan/person*year for people of “3 withouts”, and 10 Yuan/person*year for adults among the subsistence allowance objects.
2. Assistance before and during medical treatment of subsistence allowance objects: people of “3 withouts” (aged and disabled people and under-aged children without source of income, legal obligor of support, maintenance and custody, and labor capacity) and urban destitute low-income families, for extremely difficult family living, the former can enjoy 500 Yuan/person*year by the medical certificate for hospitalization issued by fixed hospital above county level; and the latter (seriously diseased and severely disabled) can enjoy 300 Yuan/person*year. The objects of urban subsistence allowance who suffer chronic disease (1. Clinical radiochemotherapy for malignancy and aplastic anemia; 2. Clinical dialysis for uremia and renal failure; 3. Cirrhosis), incapable of hospitalization or continuance of hospitalization because of extreme family difficulty and subsist by medicine for long term can enjoy assistance of maximum 200 Yuan a year according to the situation of medicine use and expense of clinical medical treatment.
3. Basic clinical medical assistance. Issue medical assistance card to people of (3 withouts) once a year for medical assistance at fixed clinic, with allowance of 200 Yuan a year per person, and the card can be used by subsistence allowance objects in fixed medical organization and can be continuously used the next year if not used up in the current year.
4. Medical assistance for serious disease (secondary assistance). In case the personal burden is still excessively heavy after repaid by social security agency or insurance company, affecting basic family living, appropriate assistance can be provided for the remaining part after repaid according to social security by the authority of civil administration or compensated by insurance company (the part within 3 lists). The assistances are respectively 30% by level 1 hospital, and 40% by level 2 and 3 hospital, with annual accumulated total assistance of each person of no more than 3000 Yuan.
4.3.6.Policy of Compensation for attachments
For the attachments on land affected by the project, the owner will be compensated in currency by full replacement price, and the reconstruction will be undertaken independently by the owner.
Compensation Standards
The compensation standards for various influences of the project are compiled according to the regulation given in the laws and policy framework applicable to this batch of projects, combining with the actual situation of the project influencing region.
5.1 Compensation Standard for Requisition of Rural Collective-owned Land
According to the Land Administration Law of the People’s Republic of China, Guiding Opinion on Improving the System of Compensation and Resettlement for Requisitioned Land, Measures for Implementation of the Land Administration Law of the People’s Republic of China in Xinjiang Uygur Autonomous Region, and relevant laws and regulations of the affected Yining City, the compensation standards for requisitioned land of the project is compiled, after negotiation with the affected persons and combining with the actual situation of the influenced region, for details see Table 5-1.
Table 5-1 Compensation Standard for Requisition of Collective-owned Land
|Type of Land|Unified annual output value determined by the |Compensation |Allowance for Resettlement |Total |
| |autonomous region (Yuan/mu) |for Land | | |
|1 |Administration fee of requisitioned land |Yuan/mu |Arable land: 2040 |4% of land |
| | | |Garden land: 2400 |requisition |
| | | |Forest land: 2040 |standard |
|2 |Occupation tax of arable land |Yuan/mu |10000.05 | |
|3 |Reclamation fee of arable land |Yuan/mu |2000 | |
In the project, the income loss of land output can be compensated by the compensation standard of land requisition. According to estimation, taking arable land as example, the compensation standard for requisition of arable land of Yining City is 51000 Yuan/mu and the unified annual output value per mu of arable land is 1500 Yuan/mu. At present, the benchmark interest rate of deposit in People’s Bank of China is 5.50% (with deposit period of over 5 years)[4], and according to the average future opportunity cost of land calculated by the method of net present value[5], in case other conditions are constant, the net present value of return of the land affected by the project in future unlimited years is 27272.73 Yuan, and the compensation standard for project requisitioned land is 51000 Yuan/mu. It can be seen that the compensation fee for the project requisitioned land can compensate for the farmer’s future returns of the requisitioned land.
Table 5-3 Compensation for Land Loss by Compensation Fund of Land Requisition
|Type of |Unified Annual Output Value |A: future unlimited years |B: Compensation |Difference: B-A (Yuan/mu) |
|Land |(Yuan/mu) |Present value of returns of land |Standard (Yuan/mu) | |
| | |(Yuan/mu) | | |
|Arable Land|1500 |27272.7 |51000 |23727.3 |
5.2 Compensation for Permanently Occupied State-owned Land
The state-owned land occupied in this project mainly involves the state-owned land of enterprises and institutions, and state-owned land that has completed requisition reserve. During withdrawal of state-owned land use right, market value will be considered during market appraisal in the project, i.e. the compensation price for housing will include the compensation for state-owned land use right, so the compensation standard for occupation of state-owned land will not be separately listed herein.
The above-mentioned state-owned land, after the use right is withdrawn, will be allocated to the project without compensation in the form of land for public infrastructure facilities by Yining Municipal Government.
5.3 Compensation Standard for Relocation of Residential Housing
According to the Land Administration Law of the People’s Republic of China, Regulations on the Implementation of the Land Administration Law, Compensation Standard for Relocation of Land Requisitioned for Key Construction Projects of Xinjiang Autonomous Region (Xin Guo Tu Zi Fa [2009] No.131), Administrative Measures for Resettlement of Demolished (Transferred) Urban and Rural Housing of Yining City (Provisional) (Yi Shi Zheng Ban [2010] No.188), Measures for Compensation, Allowance and Reward for Requisition of Housing on State-owned Land of Yining City (provisional) (Yi Shi Zheng Ban [2011] No.788) and other relevant policies, laws and regulations, the demolished housing in the project will be compensated according to appraised market price (without considering depreciation) at the price not lower than the compensation base price for relocation determined in the project. The demolished house owner affected by the project will obtain not only compensation for housing demolition but also transfer allowance and temporary resettlement allowance. The compensation and allowance standards for residential housing relocation (including land price) are shown in the following table:
Table 5-4 Compensation Base Price for Relocation of Rural Residential Housing
|Type |Type of Structure |Unit |Compensation Base Price |Remarks |
| |Half-timbered |Yuan/㎡ |1200 | |
| |Earthwork |Yuan/㎡ |1200 | |
|Other compensation fees |Compensation fee for |Yuan/household |7000 |Transition period of 6 months for|
| |temporary resettlement | | |compensation in currency, and |
| | | | |transition period from |
| | | | |transferring date to moving back |
| | | | |date for exchange of property |
| | | | |right |
| |Compensation fee for |Yuan/household |1500 |One-off provision of relocation |
| |relocation | | |fee enough for 2 times of |
| | | | |relocations |
| |Allowance for fitting |Yuan/㎡ |150 |Allowance provided according to |
| |out | | |the actual building area of |
| | | | |resettlement housing or |
| | | | |affordable housing after exchange|
| | | | |of property right (80-200m2) |
| |Reward for transfer in |Yuan |10% of total appraised price|The demolished house owner who |
| |advance | |of demolished house/yard, |transferred in advance within |
| | | |with maximum of no more than|specified transfer period and |
| | | |20000 Yuan |independently completed the |
| | | | |demolition will be provided with |
| | | | |the reward for transfer in |
| | | | |advance |
Note: 1. The compensation base price includes the compensation price for house site, and the compensation standard for house site is referenced to the standard for arable land, i.e. 51000 Yuan/mu (76.5 Yuan/㎡).
Because in the practice of housing relocation in Yining City, all demolished house owners select the resettlement method of exchange of property right, some families expect to obtain compensation in currency can sell the resettlement house after exchange of property right to the government at government buy-back price of 1200 Yuan/m2, therefore, the actual compensation standard for relocation will not be less than 1200 Yuan/m2; in addition, after completing the various formalities of resettlement house, the demolished house owner can freely sell the resettlement house on market at market price of 2500-3500 Yuan/m2.
To judge whether the compensation base price for relocation of rural residential housing adopted by the project can meet the requirement for housing reconstruction for the demolished house owner, the current compensation standard for rural relocation in the project has been analyzed by comparison with the cost for housing replacement of Yining 2011. It can be seen from the comparison that the compensation standard for relocation of the project is obviously higher than replacement price, so the compensation amount can meet the requirement for house purchase fund after house demolition.
Relocation of urban residential housing is not involved in the project.
The Cost for Housing Replacement of Yining City 2011 (Guiding Price) (Yi Shi Fang Zi [2011] No.62) is shown in the following table:
Table 5-5 Table of Prices for House Replacement in Yining City 2011 (Guiding Price)
|Type of House |Level of House |Unit Price for |Main Conditions |
| | |Replacement (Yuan/m2)| |
|One-story house |Brick concrete |900 |Concrete bedded foundation; cast-in-place roofing, reinforced concrete ring |
|of brick and |level 1 | |beam, with constructional column, good quakeproof measures and complete fire |
|concrete | | |facilities; aluminum alloy (plastic steel) door/window; good indoor maintenance |
| | | |and complete water, power and heating facilities. |
| |Brick concrete |780 |Concrete bedded foundation; flat roofing of hollow tiles, and dry external wall;|
| |level 2 | |ordinary steel window; simple water, power and heating facilities. |
|Half timbered |Half timbered |750 |Brick foundation, cemented brick, wooden roof, cement floor, wooden door/window,|
|one-story house |level 1 | |mortar finishing, dry external wall, and complete water and power facilities |
| |Half timbered |680 |Brick foundation, mud wall, wooden roof, brick floor, wooden door/window, dry |
| |level 2 | |external wall, and fine water and power facilities |
| |Half timbered |580 |Brick foundation, mud wall, wooden roof, earth floor, mud finishing, simple |
| |level 3 | |door/window, and water and power supply |
|Earthwork |Earthwork level 1|520 |Brick foundation, brick window, clod wall, wooden roof, mud finished wall |
|one-story house | | |surface, wooden door/window, and complete water and power facilities |
| |Earthwork level 2|400 |Clod foundation, clod wall, wooden roof, mud finished wall surface, wooden |
| | | |door/window, and simple water and power facilities |
5.4 Compensation Standard for Relocation of Non-residential Housing
➢ Compensation standard for relocation of non-residential housing on state-owned land
The compensation standard for non-residential housing on state-owned land relocated by the project is determined according to market appraisal, but is not lower than the compensation base price determined in the project, for detailed base prices see Table 5-6. In addition, the state-owned construction land of the affected enterprise and institution will be compensated by 260 Yuan/㎡. The enterprises affected by the project need not transfer and reconstruction in other place, and production and business will not be shut down, so the compensation for loss of stop production and business shutdown and for transfer is not involved.
Table 5-6 Compensation Base Price for Relocation of Non-residential Housing on State-owned land
|Type of Influence |Type of Structure|Unit |Compensation Base Price|Remarks |
|Housing of enterprises|Brick concrete |Yuan/㎡ |780 |1. Base price is determined according to the Cost for House |
|and institutions on | | | |Replacement of Yining City 2011 (Guiding Price); |
|state-owned land | | | |2. The actual standard is determined according to appraised |
| | | | |market value (without considering depreciation) , but is no |
| | | | |lower than base price; |
| |Half timbered |Yuan/㎡ |680 | |
| |Earthwork |Yuan/㎡ |400 | |
|Use right of state-owned land |Yuan/㎡ |260 | |
➢ Compensation standard for relocation of non-residential housing on collective-owned land
For the enterprises on collective-owned land relocated by the project, the compensation standard for their houses is determined by market appraisal, but is not lower than the compensation base price determined in the project, for details see Table 5-7. The enterprises affected by the project need not transfer and reconstruction in other place, and production and business will not be shut down, so the compensation for loss of stop production and business shutdown and for transfer is not involved.
Table 5-7 Compensation Base Price for Relocation of Non-residential Housing on Collective-owned Land
|Type of Influence |Type of Structure |Unit |Compensation Base Price|Remarks |
|Relocation of enterprise|Brick concrete |Yuan/㎡ |780 |1. Base price is determined according to the Cost for |
|on collective-owned land| | | |House Replacement of Yining City 2011 (Guiding Price);|
| | | | | |
| | | | |2. The actual standard is determined according to |
| | | | |appraised market value (without considering |
| | | | |depreciation) , but is no lower than base price; |
| | | | |3. The compensation price includes the compensation |
| | | | |price for house site, and the compensation standard |
| | | | |for house site is referenced to the standard for |
| | | | |arable land, i.e. 51000 Yuan/mu (76.5 Yuan/㎡). |
| |Half-timbered |Yuan/㎡ |680 | |
| |Earthwork |Yuan/㎡ |400 | |
| |Simple |Yuan/㎡ |300 | |
➢ Compensation standard for relocation of affected commercial shops
For the enterprises on collective-owned land relocated by the project, the compensation standard for their houses is determined by market appraisal, but is not lower than the compensation base price determined in the project (the majority of shops affected by the project are operating houses reconstructed from residential houses, so the base price for residential houses is referenced), for detailed base prices see Table 5-8. The shutdown loss fee for individual industrial and commercial businesses will be referenced to the clause 15 on the standard of temporary transition fee for housing relocation given in the Measures for Compensation and Resettlement, i.e. Allowance and Reward for Requisition of Housing on State-owned Land of Yining City (Provisional) (Yi Shi Zheng Ban [2011] No.60), and the shutdown loss of individual industrial and commercial businesses during the relocation period will be compensated by the standard of 6000 Yuan/business.
Table 5-8 Compensation Base Price for Relocation of Commercial Shops
|Type of Influence |Type of Structure |Unit |Compensation base Price|Remarks |
| |Half-timbered |Yuan/㎡ |1200 | |
| |Earthwork |Yuan/㎡ |1200 | |
|Loss Fee for Stop Production and Shutdown |Yuan/shop |6000 | |
5.5 Compensation Standards for Attachments
Affected attachments will be compensated according to actual loss, complying with the Document [2001] No.500 on new valuated houses.
Compensation standards for various attachments affected by the project are as follows:
1. For orchard, the trees will be compensated by plant and vine by stump by the standard shown in the following table:
Table 5-9 Compensation Standard for Fruit Tree
|Item |Unit |Tree Specification (diameter at breast level, cm) |Compensation Standard (Yuan) |
| | | | |
|Tree Species | | | |
|Fruit Tree |Plant |Below 5 cm |20—40 |
| |Plant |5—15 cm |40—60 |
| |Plant |15—30 cm |60—100 |
| |Plant |Above 30 cm |120 |
|Vine |Stump |Below 3 years not bearing fruit |30—70 |
| |Stump |Above 3 years bearing fruit |70--110 |
2. Perennial crops, such as clover, on pasture land will be compensated by 2 times of corresponding level of the compensation base for pasture land, and other types of grass will be compensated by the levels of compensation base for pasture land.
3. Compensation standard for shrubbery forest is shown in the following table:
Table 5-10 Compensation Standard for Shrubbery Forest
|Shade (%) |Standard (Yuan/mu) |
|20—40 |300 |
|40—60 |500 |
|Above 60 |600 |
1. Compensation standard for highwood are shown in the following table:
Table 5-11 Compensation Standard for Highwood
|Item |Unit |Tree Specification (diameter at |Compensation Standard (Yuan) |
| | |breast level, cm) | |
|Tree Species | | | |
|Broadleaf |Plant |Below 5 cm |10—15 |
| |Plant |5—15 cm |15—25 |
| |Plant |15—30 cm |25—35 |
| |Plant |Above 30 mm |45 |
|Conifer |Plant |Below 5 cm |20—30 |
| |Plant |5—15 cm |30—50 |
| |Plant |15—30 cm |50—70 |
| |Plant |Above 30 cm |90 |
5. Compensation for nursery and forest, 5000 Yuan/mu for nursery of high forest, and 8000 Yuan/mu for nursery of economic forest.
6. Compensation standards for house auxiliary objects and ground auxiliary objects are shown in the following table:
Table 5-12 Compensation Standard for Affected Auxiliary Facilities
|Gate (Yuan/unit) |Toilet (Yuan/unit) |Water well (Yuan/unit) |Sewage well (Yuan/unit)） |Enclosure wall |Shelter |
| | | | |(Yuan/m) |(Yuan/㎡) |
Note: the above-mentioned auxiliary facilities will be compensated according to actual loss.
Recovery Scheme of Immigrants’ Production and Living
6.1 Objectives and Principles of Immigrant Resettlement
The objectives of immigrant resettlement in the project are:
1. To recover average net annual family income per capita of immigrants to the level before resettlement, by which further improve the development speed of regional economy;
2. To recover the comprehensive level of residential housing of demolished house owner to the level before resettlement, which will be gradually promoted and improved to certain extent with the completion of the project construction;
3. To recover the public utility, infrastructure, culture and education, health, and natural environment enjoyed by the immigrants to be equivalent or better than those before resettlement.
The principles for the planning of immigrant resettlement of the project include:
1. The planning of immigrant resettlement should be based on the physical indicators of demolition on requisitioned land, and implemented according to the compensation and allowance standards for demolition on requisitioned land.
2. Immigrant resettlement should combine with the local infrastructure construction, resources exploitation, economic development and environmental protection. Practical and feasible measures for recovery and development of immigrants’ production and living should be compiled according to the local circumstances, and prerequisite conditions should be created for independent development of immigrants.
3. Planning and layout of immigrants should be reasonably compiled on the principle of “benefiting production and facilitating living”.
4. Construction scale and standard for immigrant resettlement should be on the principle of recovery to original scale and standard. The investment required by scale expansion, standard improvement and prospect planning should be independently solved by the local government and relevant authorities, combining with the local development.
5. The relations between the country, group and individual should be correctly treated by overall consideration and unified planning.
6. Planning of immigrant resettlement should be compiled with full participation of minorities, taking into full consideration the opinions of minorities, traditional modes of production and living as well as culture and custom of minorities during the phases of compilation and implementation, to resettle the minorities to production and living in the mode of cultural adaptability.
6.2 Influence of Requisition of Collective-owned land and Resettlement Scheme
The collective-owned land permanently requisitioned by the project is 980.75mu, including arable land of 591.67mu, taking up 60.33%; forest land of 55.09mu, taking up 5.62%; garden land of 13.94mu, taking up 1.42%; house site of 320.05mu, taking up 32.63%. 213 households, 922 persons, are affected by requisition of collective-owned land by the project. The influence of requisition of collective-owned land involves 13 villages in 4 towns/townships/offices, etc. within the administrative region of Yining City (including only 10 villages involving requisition of arable and garden land).
Because land requisition in this batch of projects will exert influences of various degrees on production and living of local residents, specific analysis of influence of land requisition should be conducted. Because the main agricultural income of villagers comes from agricultural output from arable and garden land, during analysis, analysis of loss amount caused by land requisition should be conducted pertinent to the affected villagers only.
6.2.1 Influence Analysis of Requisition of Rural Collective-owned Land
During requisition of collective-owned land, the influence of arable and garden land permanently requisitioned by the project involves 10 villages of 5 towns/townships, totaled requisitioned arable and garden land of 605.62mu, and 213 households, 922 persons.
1. Loss analysis of land resources
According to social and economic survey, comparison analysis of arable land, etc. before and after land requisition that affects the villages and teams has been conducted. In all 10 villages, the land loss rate is less than 5%. The village of the highest land loss rate is Dunmaili village, 4.49%, while the land loss rate of other villages is less than 3%. For detailed influence analysis of project land requisition on villages and teams, see Table 6-1.
As for the 213 families affected by requisition of collective-owned arable and garden land, the land loss rate of 55 households is less than 10%, taking up 25.82%; the land loss rate of 68 households is between 11％～30％, taking up 31.92％; the land loss rate of 53 households is between 30％~50％, taking up 24.88％; the land loss rate of 30 households is between 50％~70％, taking up 14.08％; the land loss rate of 7 households is between 71％～90％, taking up 3.29％. For detailed analysis of households affected by land requisition, see Table 6-2. It can be seen from the above analysis that the influence of the project requisition of collective-owned land on the arable land resources of the affected villages is slight, but causes higher land loss rate to some affected families.
Table 6-1Land Requisition Impacts Village
|No |Village |Before Land Requisition |Land RequisitionImpacts |
| | |Below 10％ |11％～30％ |31％～50％ |
| | |（Yuan/persons） |(Yuan/persons) |（%） |
|1 |Yingayati Village |6071 |550.96 |9.08 |
|2 |Dongliang Village |6234 |1010.36 |16.21 |
|3 |Bayikule Village |6001 |489.34 |8.15 |
|4 |Bayandai Village |7301 |973.89 |13.34 |
|5 |Xin Village |7310 |885.32 |12.11 |
|6 |Wulasitai Village |5648 |610.71 |10.81 |
|7 |Tuanji Village |5162 |670.24 |12.98 |
|8 |Kebokeyuzi Village |5202 |463.33 |8.91 |
|9 |Dunmaili Village |5450 |660.29 |12.12 |
|10 |Fazhan Village |3216 |1125.00 |34.98 |
Note: 1. Villagers in Fazhan Village mainly engage in agriculture. Only 1 household is involved in land requisition, with 4.5 mu land requisitioned, theirfore Per capita revenue loss is higher.
According to the analyses of land loss, agricultural income loss and family economic income loss rate, etc. caused by the project land requisition, the villages and teams are relatively less influenced in general, however, some families are still at negative risk of loss of partial agricultural income. To ensure effective recovery of production and living level of the land requisitioned families, the following diversified resettlement methods for land requisition and measures of income recovery are compiled according to the influence of land requisition in the project.
6.2.2 Measures of Income Recovery and Resettlement of Land Requisitioned Farmers
Because various situations of social and economic development in each village, the influencing degree of project requisition of construction land on each village is different. Therefore, the scheme of income recovery and resettlement of land requisitioned farmers should be compiled on the basis of influencing degree, actual characteristics of each village, and the intent of the affected person. The resettlement intent of land requisitioned households is shown in the following table.
Based on the above-mentioned resettlement intent, through full negotiation with villagers committee and immigrant representatives during social and economic survey, various schemes of immigrant resettlement and income recovery are determined as follows:
Table 6-5 Preference of Land Requisition Households Resettlement
|Village |Number of Impacted |Impacted |Resettlement Preference（households） |
| |households(households) |Population(persons) | |
| | | |
|Area of arable land contracted by family (mu) |203788 |185552 |
|Number of agricultural households of family contracting management (household) |23172 |23189 |
|Total transferring area of arable land contracted by families (mu) |33338 |40145 |
|Subcontracting |10333 |2383 |
|Sub-transferring |297 |244 |
|Exchange |4251 |1045 |
|Lease |18457 |18279 |
|Joint stock partnership |0 |0 |
|Other modes |0 |18194 |
|Transferring direction of family contracted arable land: | | |
|Area to agricultural households (mu) |16853 |16599 |
|Area to specialized cooperative organization (mu) |4655 |4877 |
|Area to enterprises (mu) |475 |475 |
|Area to other mainbodies (mu) |11355 |18194 |
|Area transferred to plant grain crops (mu) |9882 |9291 |
|Number of households transferring contracted arable land (household) |2051 |2223 |
Data source: 1. Yining Municipal Bureau of Agriculture and Forest; 2. Allowance for resettlement of arable land of 39000 Yuan/mu (issued to household), which can meet the requirement for lease of arable or garden land over 30 years.
1. Planning and measures of planting development
After the project land requisition, the majority of affected families still own the majority of their land, which can be used to continue the activities of agricultural production, while the agricultural households lost larger area of land can continue to develop the business of agricultural planting by the approach of land transfer.
According to the Planning of Planting Development of Yining City 2012-2015, during the period of twelfth five years, Yining City will focus on the development of six industries of protected agriculture, protected horticulture, outdoor vegetable, organic rice, featured planting and agriculture for leisure visiting, and accelerate the construction speed of agricultural production base, demonstrative project and supporting system.
1) Plan of planting development in the project affected town/township and village
According to the Planning of Planting Development of Yining City 2012-2015, combining with the actual situation of the project affected area, the plan of planting development of every town/township and village within the range affected by the project is shown in Table 6-7. Through survey, it’s known that there are 56 households among the households affected by the project land requisition are willing to participate in protected agriculture and featured planting, for detailed participant households of each village, see the following table:
Table 6-7 Planning of Planting Development in Town/township and Situation of Households Participation of the Project
|Town/township |Key Developed Planting Industry |Village |Number of Affected|Participant in |Percentage (%) |
| | | |Households |Resettlement of | |
| | | |(household) |Planting | |
| | | | |(household) | |
| | |Xin village |22 |6 |27.3 |
|Dadamutu township |At present mainly of cucumber, protected|Wulasitai village |21 |5 |23.8 |
| |horticulture, and leaf vegetables of | | | | |
| |early spring and late autumn; during the| | | | |
| |period of twelfth five years, | | | | |
| |development of protected vegetables of | | | | |
| |15000mu, mainly of cucumber, pepper and | | | | |
| |tomato | | | | |
|Kaerdun township |At present mainly of tomato, pepper and |Ying’ayati village|23 |6 |26.1 |
| |flowers; during the period of twelfth | | | | |
| |five years, development of protected | | | | |
| |agriculture of 5000mu, mainly of pepper | | | | |
| |and edible fungi; outdoor vegetables of | | | | |
| |4000mu | | | | |
| | |Dongliang village |6 |2 |33.3 |
| | |Bayikule village |44 |11 |25.0 |
|Hanbin township |Protected vegetables |Dunmaili village |8 |2 |25.0 |
| | |Fazhan village |1 |1 |100.0 |
|Kebokeyuzi township |Development of protected horticulture of|Tuanjie village |50 |13 |26.0 |
| |12000mu, mainly of red globe grapes | | | | |
| | |Kebokeyuzi village|18 |5 |27.8 |
|Total |213 |56 |26.3 |
(2) Measures to promote planting development
➢ Financing measures: farmers can obtain 10000 Yuan for construction of each standard greenhouse, as well as additional government allowance of 3000 Yuan.
➢ Allowance measures: in the planting community of vegetables in improper season with over 200 greenhouses, the funds for well drilling, road construction, and laying out of power line will be borne by the Yining Municipal Government;
➢ Skill demonstration: the municipal government will organize skilled vegetable planters to provide demonstration and training to the peripheral farmers, and the government will provide each skilled vegetable planter with an annual allowance of 3000 Yuan.
➢ S&T demonstration: over 6000 vegetable greenhouses of Yining City are centralized in 5 large-scale vegetable bases and 15 small-scale vegetable bases, each base will be equipped with S&T demonstration greenhouse, and in each demonstration greenhouse the planting is led by technical personnel who receive the income.
➢ Supporting sales: the largest collecting and distributing center of vegetables in North Xinjiang has been constructed with covered land area of over 200mu, facing both domestic and international markets. The distributing center of clean vegetables has been constructed in two vegetable bases in Dadamutu township and Tashikuleke.
(3) Analysis of input and output of protected agriculture and featured planting
Through analysis, the project compensation fee can meet the requirement for input fund in protected agriculture and featured planting, which will achieve better economic benefits. By preliminary estimation, the average net income per mu of protected agriculture is 5300 Yuan/mu, and that of featured planting is 2500 Yuan/mu. The detailed analysis of input and output is shown in the following table:
Table 6-8 Analysis of Input and Output of Protected Agriculture and Featured Planting
|Type of planting |Resettlement |Average input per mu (Yuan/mu) |Average output per |Average net income|Remarks |
| |allowance per mu | |mu (Yuan/mu) |per mu (Yuan/mu) | |
| |(Yuan/mu) | | | | |
|Featured planting|39000 (arable land) |Featured economic crops: input of |3800 Yuan/mu |2500 |Outdoor vegetables, |
| | |annual rental of 500 Yuan/mu; | | |water melon, |
| | |input in seeds of 300 Yuan/mu; | | |strawberry and tuber |
| | |farm chemical and fertilizer of | | |crops, etc. |
| | |200 Yuan/mu; input in irrigating | | | |
| | |water and power of 200 Yuan/mu; | | | |
| | |other input of 100 Yuan/mu; total | | | |
| | |of 1300 Yuan/mu | | | |
Note: estimated by the average input and output, and price level in 2010.
3. Planning and measures of breeding development
As traditional agricultural activity of the minority population in the project area, breeding industry does not only bring forth better income but also highly match with the local climate conditions, natural resources, productive experience and diet tradition, with good development project. Developing breeding industry plays an extremely important role in the income recovery of affected population. Therefore, development plan and promoting measures of breeding industry are highly emphasized during resettlement in the project.
1) Plan of promotion and reconstruction of breeding communities in Yining City
Plan of Newly Built Breeding (Farm) Communities of Animals and Poultry 2012 (as shown in the following Table 6-9) and Plan of Promotion and Reconstruction of Breeding Communities 2012 (as shown in the following table 6-10) have been compiled by Yining City, into which the agricultural households affected by the project land requisition can participate, to develop the activities of breeding cattle and sheep, etc. The distribution map of main breeding areas in Yining city are shown in Figure 6-1.
Table 6-9 Plan of Newly Built Breeding Communities of Animals and Poultry of Yining City 2012
|No. |Name of Breeding |Location of |Scale and Content of construction |Total Investment |Remarks |
| |Farm |Construction | | | |
|2 |Standardized |Dadamutu Township |10000 cattle, construction of pen, silage|3 million | |
| |breeding base of | |pit, office, septic tank, forage | | |
| |fattening cattle | |warehouse, equipment and instruments | | |
|3 |Standardized |Bayandai Town |10000 sheep, construction of pen, silage |2 million | |
| |breeding base of | |pit, office, septic tank, forage | | |
| |fattening sheep | |warehouse, equipment and instruments | | |
Table 6-10 Plan of Promotion and Reconstruction of Breeding Communities of Yining City 2012
|No. |Name of Breeding Community |Inventory |Number of |Community Area (mu) |Distance from |
| | | |Households | |Road Section |
| | | | | |(km) |
|3 |36000 |Cow trusteeship |18 |6480 | |
Note: the resettlement allowance compensating per mu of arable land (39000 Yuan) can be used to buy 3 adult cows.
[pic]
Figure 6-3 List of Cooperative Organizations Participating in Cow Breeding in Community
Through investigation, the overview of agricultural households affected by the project participating in resettlement of breeding industry is shown in the following table:
Table 6-12 Willingness of Villagers in Breeding Resettlement
|Town |Village |ImpactsNumber of households(households) |Number of households |Percent（%） |
| | | |participating in | |
| | | |breeding（households） | |
|Bayandai Town |Bayandai Village |20 |3 |15.0 |
| |Xin Village |22 |3 |13.6 |
|Dadamutu Town |Wulasitai Village |21 |3 |14.3 |
|Keerdun Town |Yingayati Village |23 |3 |13.0 |
| |Dongliang Village |6 |1 |16.7 |
| |Bayikule Village |44 |5 |11.4 |
|Hanbin Town |Dunmaili Village |8 |1 |12.5 |
| |Fazhan Village |1 |0 |0.0 |
|Kebokeyuzi Town |Tuanji Village |50 |6 |12.0 |
| |Kebokeyuzi Village |18 |2 |11.1 |
|Total |213 |28 |13.1 |
1. Measures for employment resettlement
According to the Administrative Measures for Employment Resettlement of Landless Farmers and Herdsmen of Yining City (Yi Shi Zheng Ban [2011] No.112), Yining Municipal Government will allow agricultural households with land requisitioned by the project to complete the Registration Certificate of Landless Farmer/Herdsman subject to normal regulations. The project will not cause complete landless of agricultural households, and the agricultural households has the qualification to participate in the employment resettlement of non-profit post resettlement by the government or post resettlement by the land using industrial enterprise, etc. which can be freely selected by the landless farmers.
The specific measures include:
1) Non-profit post resettlement by the government
1. Service posts at market center, and 30% of which will be preferentially provided to the landless farmers and herdsmen. In addition, the property service posts in the residential community developed by the real estate developer should be provided to the landless farmers and herdsmen by percentage of the total posts of no less than 30%.
2. The non-profit posts in municipal administration, landscape, sanitation and security newly added by the municipal government should be preferentially provided to the landless farmers and herdsmen.
2) Post resettlement by land using industrial enterprise and resettlement of continuous agricultural production
1. The land using industrial enterprise (including town/township industrial enterprise) must arrange certain number of landless farmers and herdsmen to employment, and the number should be no less than 30% of the unskilled posts of the enterprise.
2. The farmers who are good at agricultural production and willing to conduct agricultural production should be allowed to fully exert their skills in planting and breeding, and be recommended to the agricultural park or breeding base to continue agricultural production, by active creation of conditions by the municipal government and every town/township (farm).
(3) Wage level and employment contract
The wage paid by the employing unit to the landless farmer/herdsman should not be less than the minimum wage standard of Yining City (in 2010, the minimum monthly wage excluding the amount of housing accumulation fund and insurances of endowment, unemployment and medical that should be paid by the laborer is 530 Yuan in the municipal administrative region, and that including the 1 fund and 3 insurances is 680 Yuan in the same region.)
As to the employed landless farmers/herdsmen, the authority of labor and social security should urge the employing unit to establish labor contract with them and establish corresponding standing book, and periodically inspect into the situation of establishment of labor contract and employment by the enterprise, to protect the legal rights and interests of the landless farmers and herdsmen against violation.
Through investigation, the employment capacity for employment resettlement and the agricultural households willing to participate in employment resettlement in the project are shown in the following table.
Table 6-13Non-Agriculture Resettlement Capacity and Resettlement Preference
|Town |Governmental Public |Number of positions|Village |ImpactsNumber of |Number of |Percent（%） |
| |Welfare Positions for |provided by | |households(households) |resettlement | |
| |ResettlementPopulation in|industrial | | |households being | |
| |2012 (persons) |enterprise | | |employed（househo| |
| | |requiring land use | | |lds） | |
| | |for resettlement | | | | |
| | |population | | | | |
| | |number(persons) | | | | |
| | | |Xin Village |22 |8 |36.4 |
| | | |Total |42 |15 |35.7 |
|Dadamutu Town|120 |280 |Wulasitai |21 |8 |38.1 |
| | | |Village | | | |
|Keerdun Town |150 |560 |Yingayati |23 |8 |34.8 |
| | | |Village | | | |
| | | |Dongliang |6 |2 |33.3 |
| | | |Village | | | |
| | | |Bayikule |44 |16 |36.4 |
| | | |Village | | | |
| | | |Total |73 |26 |35.6 |
|Hanbin Town |180 |800 |Dunmaili |8 |3 |37.5 |
| | | |Village | | | |
| | | |Fazhan |1 |1 |100.0 |
| | | |Village | | | |
| | | |Total |9 |4 |44.4 |
|Kebokeyuzi |90 |160 |Tuanji |50 |18 |36.0 |
|Town | | |Village | | | |
| | | |Kebokeyuzi |18 |6 |33.3 |
| | | |Village | | | |
| | | |Total |68 |24 |35.3 |
|Total |630 |1950 |/ |213 |77 |36.2 |
2. Measure of petty guaranteed loan
According to the Administrative Regulations on Petty Guaranteed Load of Yining City (Yi Shi Zheng Ban [2011] No. 768), the project affected families meeting the policy conditions can apply for petty guaranteed loan, to solve the fund difficulty in the process of starting undertaking and generating revenue. The specific scheme is as follows:
1. Objectives of loan
Permanent population in Yili Prefecture, graduates from junior college and special secondary school, demobilized servicemen (transferred to civilian work), rural women and farmers who are landless (caused by government land requisition) and getting back home to start self employment and own undertaking who are lacking of fund, within the legal labor age, physically healthy, honest and trustworthy, with certain labor skills and full capacity for civil acts, can apply for petty guaranteed loan. The disabled people with labor capacity and families with Planned Parenthood and the two certificates meeting the above-mentioned conditions can be accepted in priority during completion of formalities.
2. Loan line, period, discount and repayment method
The maximum line of single petty guaranteed loan is 100000 Yuan for the borrower undertaking private business; 100000 Yuan per capita and maximum total amount of no more than 2 million Yuan for the organized partnership. The maximum loan period is no more than 3 years. At proposing period extension, the borrower should fill the Application Form of Load Extension, and Agreement on Loan Extension, and submit them to the administrations of labor security and finance and the guarantee agency. After negotiation and in case the regulations are complied with, one extension is allowed with period of no more than 1 year.
Loan discount: the petty guaranteed loan interest rate is determined by the interest rate level issued by the People’s Bank of China, and should not be increased. For the borrowers applying for petty guaranteed loan to realize self employment and own undertaking (except for national limited fields), the central financial authority will provide full discount (except for the period extension and overdue) from the employment funds according to actual situation.
Repayment method: 1. For private undertaker with single petty guaranteed loan line within 100000 Yuan(including 100000), in case of business of planting and breeding, the same amount of principal should be repaid within 12 months; in case of other businesses, the same amount of principal should be repaid within 6 months; in case of technological development enterprise established by graduates from junior college and special secondary school (such as those obtained national invention patent, developed new product and filled the blank of the prefecture or autonomous region), the fund turnover period is longer, and the same amount of principal can be repaid within 12 months according to actual situation. 2. In case of partnership business and organized employment (referring to partnership enterprise, private sole-proprietorship, absorbed demobilized servicemen (transferred to civilian work), graduates from junior college and special secondary school, and landless (caused by government land requisition), home returning and undertaking starting farmers and rural women who meet the conditions for petty guaranteed loan and established labor contract with period of over 3 years from the date of loan borrowing and paid social insurance, and in case the petty guaranteed loan line is over 100000 Yuan, the same amount of principal can be repaid within 12 months. Within one loan period, each person can enjoy once petty guaranteed loan (in case of organized partnership completed petty guaranteed loan, the partners cannot apply for second loan within the same period).
3. Procedure of petty guaranteed loan
1) The borrower submits loan application in written form to the local community’s work station of labor security (the urban/rural women should apply for loan to the Women’s Federation Organization).
2) Work station of labor security and Women’s Federation Organization conduct comprehensive audit of the borrower’s situation, determine and recommend work to the borrower in accordance with regulations.
3) In case of loan application by urban/rural women, the town/township (street) women’s organization should conduct audit of the borrower’s situation and provide opinion, and timely recommend the borrower who meet the conditions for petty guaranteed loan to the work station of labor security where the started undertaking is located, and inform the borrower to complete corresponding application formalities.
4) After receiving the borrower’s application, the work station of labor security should organize personnel to conduct audit of the borrower’s family address, business location, business items, business scale, self-raised fund, credit degree, misdeed, repayment capacity and the guaranteeing capacity of the guarantor, to determine if the loan is allowed and to check the loan line.
5) After approved by audit, the borrower should be informed to fill the Confirmation Form of Petty Guaranteed Loan or the Confirmation Form of Qualification for Petty Guaranteed Loan by Partnership or Organized Employment, and standing book of petty guaranteed loan should be established, which should be submitted to the authority of labor security for review and check the truthfulness of the information. And the documents approved by review should be submitted to the guarantee agency.
6) Guarantee agency should verify the situation of the borrower, counter guarantor and the business items submitted by the town/township (street) authority of labor security, and submit the conforming documents to the municipal administration of labor security and municipal leader with specific duties for signature, establish Loan Guarantee Contract with the operating bank, and complete the relevant formalities of counter guarantee. The operating bank should issue the petty loan within 10 working days.
7) The permanent residents in the prefecture but not in the urban or rural area of Yining City who realized self employment and own undertaking within the Yining administrative region and meet the conditions for petty guaranteed loan must apply for temporary residence permit to the Yining municipal authority of public security, and propose application for petty guaranteed loan to the authority of labor security or women’s federation organization within the administrative region of the temporary residence permit after the report on audit appraisal before borrowing is issued by the women’s federation organization and the authority of labor security of the village (community), town/township (street) and county (city) where the household registration is located.
During the process of agricultural or non-agricultural undertaking starting and revenue generating activities, the project affected families can apply for petty guaranteed loan by free will in accordance with policy and procedure to solve fund difficulty.
3. Measures of skill training
On the basis of compensation in currency to the farmers affected by land requisition and relocated households, the plan includes the special scheme on skill training for landless farmers and relocated households in the world bank project of Yining city, to provide opportunities of skill training for the farmers affected by land requisition and relocated households who have basic cultural qualification. The planned trainings are 1500person-time in the project.
1. Training objects
Labors have registered residence in Yining city, affected by land requisition or relocation, in the age over 18, with certain cultural degree; the Bureau of Labor and Personnel and the Bureau of Labor Security of Yining City will issue Application Registration for Employment and Accommodation Paper of Training for Rural/Urban Poverty-stricken Labors, as the voucher to receive training.
2. Training content
Professional skill training will be deployed mainly concerning the industries of planting, breeding, service and architecture according to the industrial structure and market demand in Yining City and its peripheral areas. The optional types of work to be trained include vegetable worker, fruit tree worker, poultry breeding worker, livestock breeding worker, poultry species breeding worker, poultry reproduction worker, bricklayer, operator of farm machinery, repairer of farm machinery, repairer of motorcycles, stonemason, building painter, welder, clothes tailor, cement worker, waterproof worker, mason, animal quarantine inspector, and animal epidemic controller, etc.
3. Training mode
The training is mainly in three modes of professional skill training, single capacity training and post training. Professional skill training is put under the administration of labor security and deployed by various educational and training agencies, industries and employing units, focusing on agricultural skills, livestock raising and forest planting; single skill training is a kind of more pertinent and practical training, and the trainees can enjoy 3 times of single skill training within 3 years, mainly concerns service industry; post training is mainly pertinent to the industries and types of work that have complex skills, strict skill requirements, strict operating codes and are directly related to product quality, consumer health and safe living.
4. Organizational structure
The Yining Municipal Party Committee and Government have established the Yining Leading Group of Employment Training for Transferred Rural Surplus Labors, and office under the leading team of skill training for landless farmers/herdsmen in the World Bank Project of Yining City. The office is located in the Bureau of Personnel and Labor and the Bureau of Social Security of Yining City. Corresponding leading group was established in each township.
5. Guarantee of expenditure
The estimated expenditure for skill training for landless farmers/relocated households in the World Bank Project of Yining City is 118 Yuan (see item 7 in Table 11-3), with a period of 5 years. Earmarked fund will be arranged from the financial expenditure each year. Training expenditure includes expenditures for organization, training materials, material printing, assessment, practice, and teachers’ remuneration, which will be paid in uniform by the Yining leading group of skill training for landless farmers/relocated households in the World Bank Project of Yining City.
The plan of skill training for landless farmers in the project is shown in the following table:
Table 6-14 Schedule of Employment Training Plan for the Project Affected Area
|Town/township |Number of |Number of trainee |Training Content |Responsible Unit |Source of |
| |Training Period|(person/year) | | |Expenditure |
| |(period) | | | | |
|Dadamutu Township |5 |280 | | | |
|Kaerdun Township |5 |520 | | | |
|Hanbin Township |5 |50 | | | |
|Kebokeyuzi Township |5 |330 | | | |
|Total |1500 | | | |
4. Measures of social security
According to the Notice on Issuing the Measures for Implementation of Social Security for Landless Farmers of Yining City (Provisional) (Yi Shi Zheng Ban [2011] No.697), the objects of social security are the people with all land legally requisitioned, i.e. people lost land because of unified government requisition of rural collective-owned land within and without the urban and rural planning area of Yining City, and are in labor age during land requisition (male and female people at over 16 and less than 60 years of age); registered agricultural population who are at the age of over 16 during land requisition and enjoy second round of contracted operating right, signed Family Land Contract with the Local Village Committee, have Contracted Right of Rural Land, and are no longer occupying land for agricultural use after voluntary adjustment within the range of rural collective economic organization, and did not receive immigrant resettlement in other place by the government; people signed agreement with the village committee and need not unified arrangement.
In addition, the new system of rural social endowment insurance in Xinjiang Uygur Autonomous region in July 2011 adopts full coverage, and the partially landless farmers are involved into the range of the new system of rural social endowment insurance according to relevant policy.
1. Scheme on social endowment insurance for landless farmers
According to the above-mentioned policy, the Yining Municipal Government will involve the population need production resettlement in the families affected by the project land requisition (quantity of requisitioned land/arable land per capita) into the social security system for landless farmers. According to estimation, the number of population need production resettlement who can be involved into the social security system for landless farmers in the project is shown in the following table:
Table 6-15 Production Resettlement Population and Land Requsitioned Peasants Endownment Insurance Indicator in Project Affected Village
|Town |Village |ImpactsNumber of |ImpactsPopulation(persons) |
| | |households(households) | |
| | | |Property right |Monetary Resettlement |
| | | |displacement | |
|Keerdun Town |Yingayati Village |36 |33 |3 |
| |Jiligelang Village |256 |250 |6 |
| |Dongliang Village |70 |64 |6 |
| |Bayiku Village |13 |10 |3 |
| |Huaguoshan Village |54 |52 |2 |
|Dadamutu Town |Wulasitai Village |13 |3 |10 |
|Kebokeyuzi Town |Tuanji Village |31 |30 |1 |
|Hanbin Town |Fazhan Village |11 |11 |0 |
| |Dunmaili Village |37 |35 |2 |
| |Bashenkule Village |66 |56 |10 |
|Bayandai Town |Bayandai Village |61 |54 |7 |
|Total |648 |598 |50 |
|Percent（%） |92.29 |7.71 |
Based on the above-mentioned intent survey, through public participation and negotiation with relevant government authorities, the resettlement methods for relocation of rural residential housing in the project include: 1. Compensation in currency; 2. Exchange of property right; 3. Resettlement by immigrants exchange platform.
6.3.1 Compensation in Currency
According to the Measures for Compensation, Allowance and Reward for Requisition of Housing on State-owned Land of Yining City (provisional) (Yi Shi Zheng Ban [2011] No.788): “during evaluation of requisitioned house, the factors influencing the value of requisitioned house should be taken into consideration: the location, purpose, architectural structure, aging degree, building area, covered land area and land use right, etc. of the requisitioned house. The above-mentioned regulation is not applicable to the housing and attachments on collective-owned land, except for the requisition of housing in combination area of city and country and villages within the city, without readjustment of collective-owned land for construction or house site.” Because all houses demolished in the project are located in the combination are of city and country, the money value of compensation for house relocation will be determined by market appraisal the same as the house relocation on state-owned land.
The appraised market price of the demolished house in the project will not be less than the determined base price of 1200 Yuan/m2 (including land value, for details see section 5.3), and the compensation fund will be fully paid to the affected households. After receiving the compensation, the demolished house owner can independently construct house (the remaining house site of some families meet the requirement for house construction) or buy resettlement house.
Through investigation and analysis, because the project is mainly linear project, the house site or house of some affected families during demolition is partially affected, and the remaining house site or house can meet the requirement for residence of the family, or for reconstruction on the original site. The situation of families can be resettled by reconstruction on original site is shown in the following table.
Table 6-20 Households with Remaining Building Base Larger than 0.2 mu
|Town |Village |Number of households |Number of households with remaining |Percent（%） |
| | |being demolished |building base larger than 0.2 mu | |
|Keerdun Town |Yingayati Village |36 |21 |58.33 |
| |Jiligelang Village |256 |201 |78.52 |
| |Dongliang Village |70 |65 |92.86 |
| |Bayiku Village |13 |13 |100 |
| |Huaguoshan Village |54 |51 |94.44 |
|Dadamutu Town |Wulasitai Village |13 |13 |100 |
|Kebokeyuzi Town |Tuanji Village |31 |31 |100 |
|Hanbin Town |Fazhan Village |11 |11 |100 |
| |Dunmaili Village |37 |37 |100 |
| |Bashenkule Village |66 |0 |0 |
|Bayandai Town |Bayandai Village |61 |61 |100 |
|Total |648 |468 |72.22 |
6.3.2 Exchange of Property Right
As to the demolished house owner who selects exchange of property right, according to the Administrative Measures for Resettlement of Relocated (Transferred) Urban and Rural Housing of Yining City (Provisional) (Yi Shi Zheng Ban [2010] No.188), the demolished (transferred) house owner can select exchange of property right of the resettlement house or affordable house constructed in uniform for farmers/herdsmen by the Yining Municipal People’s Government, within the range of 1:1.2 of the actual building area of the demolished (transferred) principal rooms, with specific exchange methods as follows:
➢ The resettlement housing or affordable housing exchanged by ratio of 1:1.2 with area less than 80 square meters will be exchanged by 80 square meters.
➢ The resettlement housing or affordable housing exchanged by ratio of 1:1.2 with area over 200 square meters will be exchanged by 200 square meters. The original building area that exceeds the building area by exchange ratio will be compensated by the price for replacement and resettlement on housing market in the current year or the previous year.
➢ Each square meter will be compensated by 150 Yuan according to the actual building area of the resettlement housing or affordable housing after exchange of property right.
Basic situation of 5 resettlement communities planned in the project is as follows:
1. Resettlement community on Guoyuan street
The total building area of the resettlement community on Guoyuan street, Tashikeruike Township, Yining City is 127786.87 m2, of 1#-10# residential buildings (phase 1) with brick concrete structure, 6 floors above ground and 1 basement, and building area of 43829.44 m2. Resettlement community on Guoyuan street, Tashikeruike Township, Yining City of 11#-23# residential buildings (phase 1) with brick concrete structure, 6 floors above ground and 1 basement, and building area of 69335.81 m2.
Table 6-21 Situation of Resettlement Community on Guoyuan Street
|No. |Item |Scale |
|1 |Planned land area |187701.2m2 |
|Including |Residential land area |185027.9 m2 |
| |Land area of kindergarten |2673.3 m2 |
|2 |Planned building area |232616 m2 |
|Including |Building area of commercial district on first floor |60433 m2 |
| |Residential building area |141288 m2 |
| |Building area of kindergarten |916 m2 |
| |Community and medical service |2654 m2 |
| |Building area of commercial district on first floor |18206 m2 |
| |Commercial building area |9119 m2 |
|3 |Building base area |57669 m2 |
|4 |Building density |30.7% |
|5 |Number of residential households |2094 households |
|6 |Number of residents |About 7329 persons |
|7 |Parking |630 |
|8 |Capacity rate |1.239 |
|9 |Greening rate |37% |
Table 6-22 Total House Types in Resettlement Community on Guoyuan Street
|House Type |Area (m2) |Number of Households (household) |Percentage （%） | |
|A |58 |84 |4.01 | |
|B |84 |500 |23.88 | |
|C |95.5 |334 |15.95 | |
|D |103 |840 |40.12 | |
|E |105 |240 |11.46 | |
|F |117 |96 |4.58 | |
|Total |2094 |100 | |
2. Resettlement community on south ring Road
Yining Municipal Government input 78.87million Yuan in 2010 and constructed centralized relocation resettlement houses of 600 sets with building area of 55000 m2, east to Yili street and north to the south ring road. The construction is completed, for site situation see the following figure:
[pic]
Figure 6-4 Site of Resettlement Community on South Ring Road
3. Affordable Housing Community in Fazhan Village
The covered land area of the affordable houses in Fazhan Village, Hanbin Township, Yining City is 23320.8m2, with total building area of 29114.8 m2, total households capacity of 344 sets, 1101 people, capacity rate of 1.25, building density of 21%, greening rate of 35.1%, and building area per household of 60―80 m2. The rural residential area is constructed with supporting facilities of community cultural activities center, kindergarten, and clinic, etc. The community after completion will be managed in the mode of urban community.
[pic]
Figure 6-5 Appearance Effect of Affordable Housing Community in Fazhan Village
4. Resettlement Community in the Area of Railway Station
The land use area of the resettlement community in the area of railway station is 129518.5m2, with total building area of 140859.8m2, and total investment of 226.24 million Yuan, within which, residential houses are 1236 sets (4 house types) with residential area is 117937.2m2, commercial outlets of 1240 rooms (15m2 of each room) with building area of 18600m2, and public building area of 4322.6m2 mainly for supporting public facilities of community rooms, kindergarten and mosque.
[pic]
Figure 6-6 Site of Resettlement Community in the Area of Railway Station
5. Dunmaili resettlement community
The design and planning scheme of resettlement and enriching community in Dunmaili Village, Hanbin Township, Yining City is shown in the following table.
Table 6-23 Planning Overview of Resettlement Community in Dunmaili Village
|No. |Item |Unit |Quantity |Remarks |
| |Total planned area |m2 |73966.98 | |
| |Residential area |m2 |12221 | |
| |Public building area |m2 |4090.66 | |
|、 |Greening rate |% |35.38 | |
|1 |Total building area |m2 |81561.27 | |
|2 |Total building area within |m2 |81561.27 | |
| |the use land of residential| | | |
| |community | | | |
|3 |Total residential building |m2 |77437.88 | |
| |area | | | |
|4 |Number of residential |Number |874 | |
| |households | | | |
|5 |Number of residents |Persons |3496 | |
|6 |Average population per |Person/house |4 | |
| |household | | | |
|7 |Capacity rate |—— |1.13 | |
|8 |Number of car parking lots |Number |262 | |
In summary, the basic situation of 5 resettlement communities that can be used for relocation resettlement in the project is shown in Table 6-24, and the location map of resettlement communities is shown in Figure 6-7.
Table 6-24 Schedule of Basic Situation of Relocation Resettlement Communities
|No. |Name of |Location |Total Building |Number of House |Apartment Area m2) |
| |Resettlement | |Area |Sites (set) | |
| |Community | | | | |
Note: the land for construction of 5 resettlement communities has been requisitioned before 2008, for description of compensation and resettlement for other land requisition, see Appendix 8.
[pic]
Figure 6-7 Distribution Map of Relocation Resettlement Communities
6.3.3 Resettlement by Immigrants Resettlement Exchange Platform
In order to meet the requirements for retaining the original mode of production and living of some rural immigrants, the Yining City compiled the Scheme on Implementing Immigrants Resettlement Exchange Platform in the Xinjiang Yining Urban Traffic Project by World Bank Loan, with main content as follows:
1. Objective, principle and content
To appropriately resettle the rural immigrants affected by land requisition and relocation in the Xinjiang Yining urban traffic project by World Bank Loan (referred to as the project hereafter), and meet the requirements for retaining the mode of production and living of some rural immigrants, this scheme on implementing immigrants resettlement exchange platform of the project is compiled in accordance with the relevant laws and regulations of the People’s Republic of China and Xinjiang Uygur Autonomous Region, and the World Bank policy of involuntary immigrant business.
1) Objective
To appropriately resettle the rural immigrants affected by land requisition and relocation in the Xinjiang Yining urban traffic project by World Bank Loan (referred to as the project hereafter), and meet the requirements for retaining the mode of production and living of some rural immigrants, and provide information service and policy guarantee to the rural families who are willing to participate in immigrants resettlement exchange.
2) Principle
During implementation of immigrant resettlement exchange platform of the project, the basic principle of “voluntary application, fair exchange, government assistance and reasonable guiding” should be insisted.
3) Exchange content
The main content of immigrant resettlement exchange platform of the project includes:
a) Transfer of rural land contracted right;
b) Transfer of use right of rural house right and house ownership;
c) Exchange of residential registration
2. Applicable objects and conditions
1) Applicable objects
This scheme on implementing immigrant resettlement exchange platform applies to:
a) Rural families affected by land requisition and relocation by Xinjiang Yining urban traffic project by World Bank loan, referred to as exchange-in families hereafter;
b) Rural families within the Yining administrative area willing to transfer land contracted right and/or transfer use right of house site and house ownership, referred to as exchange-out families hereafter;
2) Applicable conditions:
Exchange-in families:
a) Family remaining contracted land per capita of less than 0.3mu (inclusive) after the project land requisition; and/or
b) Family remaining area of house site of less than 0.2mu (inclusive) after affected by the project relocation;
Exchange-out families
a) Willing to transfer contracted management right of rural land; and/or
b) Willing to transfer use right of rural house site and house ownership;
c) Having fixed residence or stable income source in urban area.
3. Administrative organization and responsibilities
The management office of World Bank project of Yining City is responsible for the organization an implementation of immigrant resettlement exchange platform of the project, collection and distribution of resettlement exchange information; undertakes audit and submitting for approval of immigrant resettlement exchange; coordinate with relevant functional authorities in immigrant resettlement exchange under the guidance of Yining City World Bank Loan Project Team.
Yining Municipal Bureau of Public Security is responsible for the completion of household registration transferring formalities after immigrant resettlement exchange.
Yining Municipal Bureau of Land and Resources is responsible for issuing the certificate of contracted management right of rural land after immigrant resettlement exchange.
Villagers’ committees involved in immigrant resettlement exchange should provide coordination in the work of exchange.
4. Procedure of implementation
Procedure of application and approval of exchange-in families:
1) The Yining City World Bank Project Office should provide the conforming rural exchange-in families with information for free, including the relevant information on voluntary transfer of rural land contracted right, transfer of use right of house site and house ownership (including contact methods);
2) Under guidance and with coordination of the Yining City World Bank Project Office, the exchange-in family should establish land transfer and/or housing agreement with the voluntary exchange-out family through equal negotiation and on the basis of consensus, and pay the agreed agreement expense;
3) Application for household registration in written form should be submitted to the Yining City World Bank Project Office by the land transfer and/or house transaction agreement and payment certificate;
4) The Yining City World Bank Project Office should verify the relevant documents and submit them to the administrative department of household registration of Yining Municipal Bureau of Public Security for audit that should approve the household registration to be transferred to the village collective economic organization of the exchange-out family.
5) The Yining City World Bank Project Office should coordinate with Yining Municipal Bureau of Land and Resources in the issuing of certificate of contracted management right of rural land to the immigrant family with household registration transferred in.
Procedure of application and approval of exchange-out families:
1) Application in written form for transfer to urban household registration should be submitted to the Yining City World Bank Project Office by the land transfer and/house transaction agreement, payment receipt, and certificate for having fixed residence and stable income source in urban area;
2) The Yining City World Bank Project Office should verify the relevant documents and submit them to the administrative department of household registration of Yining Municipal Bureau of Public Security for audit that should approve the household registration to be transferred to the street office of the permanent residence of the exchange-out family or of the stable income source.
3) The Yining City World Bank Project Office should coordinate with other functional authorities to involve the exchange-out family that apply for urban household registration into urban resident welfare system of Yining City.
5. Measures of assistance
1) All charges for the above-mentioned formalities generated during immigrant resettlement exchange should be exempted, or borne by the Yining City World Bank Project Office;
2) The Yining City World Bank Project Office should provide a reward of 5000 Yuan to each exchange-out household that completed the exchange.
Through investigation and statistics, the number of households can be used for resettlement exchange of the project is shown in Table 6-25. Some families involved in the project that expect to retain the traditional residence of original yard living can purchase nearby yard house through the immigrant exchange platform, and the Yining Municipal Government will coordinate the completion of household registration transfer in accordance with policy.
Table 6-25 Information on Immigrant Resettlement Exchange
|Village |Number of Exchangeable |Remarks |
| |Households | |
|Chuohuoer township |4 |Only separated by one |
| | |river from Yining City |
|Hydroelectric bureau | | |
|Development zone in Ba township | | |
|Industrial park | | |
|Toll station of Xin bridge |17 |Yining urban |
| | |administrative area |
| | | |
|East to toll station on south bank of Xin bridge | | |
|West to No.2 Company office on south bank of Xin bridge | | |
|In No.2 Company residential community | | |
|800m east to south bank of Xin bridge | | |
|Cow farm roadside | | |
|North side of No.1 middle school, south side of Xiaofeima | | |
|Near the school gate on north side of No.1 middle school | | |
|East to No.3 Company headquarter at No.2 bus terminal | | |
|No.7 Company | | |
|300m west to No.2 Company office | | |
|4 sub-yard of farm headquarter | | |
|No.1 Company | | |
|Behind the gas station at Erdao bridge | | |
|Erdao bridge roadside | | |
|Along the road of farm headquarter | | |
|Near Laoda bridge | | |
|Near bus station |10 | |
|Roadside |20 | |
| |10 | |
| |10 | |
|71 | |
Note: the above statement is incomplete statistics, and the actual amount is more than the above-mentioned range.
In summary, the balance sheet of resettlement direction for rural relocation of the project is shown in the following table.
Table 6-26 Balance Sheet of Resettlement Direction for Rural Relocation
|Town |Village |Total Number of Households Affected by Demolition and |
| | |Resettlement |
|World Bank Project leading group of Yining City|3 people |Government officials |
|World Bank Project office of Yining City |7 people |Government officials, civil servants |
|Land and Resource Bureau of Yining City |7 people |Civil servants |
|Construction Bureau of Yining City |5 people |Civil servants |
|Immigration offices at township level |12 people |Civil servants |
|Village Committee at all levels |30 people |Village leaders and immigration representatives |
|Design unit |4 |Senior engineers and engineers |
|External monitoring institution |4-6 people |Immigrations and social experts |
Table 7-2 Main responsible persons and contact information of World Bank Office Immigration Resettlement in Yining City
|Unit |Name |Position |Immigration resettlement office telephone |
|Municipal committee of Yining City |Lan Jun |Deputy secretary |0999-8359223 |
|Construction Bureau of Yining City |Dilixiati |Director of Construction Bureau | |
|World Bank Office of Yining City |Su Jun |Chairman of World Bank Office | |
|World Bank Office of Yining City |Zhang Xiaoxu |Member of World Bank Office | |
|World Bank Office of Yining City |Sun Nan |Member of World Bank Office | |
|Compensation Acquisition resettlement|Zhao Yongsheng |Member of Acquisition Office | |
|office of Yining City | | | |
|Acquisition resettlement office of |xiaohelaiti |Member of Acquisition Office | |
|Yining City | | | |
7.3 Facilities Allocation
The immigration authorities at both municipal and district levels in this project have used current resources, and allocated basic office equipments, transportation equipments and communication equipments including office desks, computers, printers, telephones, fax machines, means of transport and other equipments and resources.
7.4 Training Plan
Training purpose: training the management personnel and technical personnel relevant to this project, make them master relevant land acquisition demolition contents and ensure the full implementation of project land acquisition demolition plan.
Training target: according to the work content, the training is divided into two categories:
Land acquisition demolition management personnel – the purpose is to train the project management senior staff about the land acquisition and emergency measures. The purpose to train the personnel is to understand advanced national road immigration resettlement and management experiences and take charge to propagandize and popularize them to the land acquisition personnel in the whole project.
Immigration resettlement personnel- the purpose is to understand relevant contents and immigration policy involved in the project, as well as recovery measures adopted in the project, assist and ensure the smooth implementation of immigration resettlement plan.
Training method: the training is divided into two levels: training of senior management personnel is under the charge of the project immigration resettlement office, which invites officers of World Bank and other governmental officers and experts to give lectures. Training of ordinary personnel is conducted in the district, which is under the charge of district immigration resettlement office, and the project immigration resettlement office will assign personnel to instruct the training.
Training contents: include the project overview and background, relevant laws and regulations, handling the details, management, report procedures, cost management, monitoring assessment, reports, appeals and others of project immigration resettlement plan.
7.5 Implementation Progress
According to the plan arrangement of project implementation progress, the land acquisition demolition immigration resettlement progress in this project will be connected with the project construction plan arrangement. The main works of land acquisition demolition and immigration resettlement will start in June, 2012 and end in December, 2013.
The basic principles of progress arrangement are as follows: (1) the completion time of land acquisition demolition and immigration resettlement work shall be one month earlier than the time when the project construction begins to facilitate that the affected people will have enough time to prepare the production resettlement and income recovery plan. (2) In the resettlement process, the affected people shall have chance to participate in the project. (3) All kinds of compensations will be directly paid to all property owners in 3 months since the resettlement program is approved. Any unit and individual cannot represent the property owners to use the property compensation costs, neither give discounts for any reason.
According to the project construction land acquisition demolition, immigration resettlement preparation and implementation activity progress, the general immigration resettlement progress of this project is proposed. The concrete implementation time might be properly adjusted due to some deviations in the overall project progress. See Table 7-3 for details.
Table 7-3Immigration implementation schedule
|Serial number |Project |2010 |2011 |2012 |2013 |
| | |2 |4 |6 |8 |
|World Bank Office |June to July, |Relevant plan design unit, |Survey of material |The material quantity survey shall be fair, |Form the material quantity survey results, acquire the recognition of|
|of Yining City |2011 |all affected township |quantity affected in the |justified and accurate |village groups and immigrants. |
| | |governments and village |project | | |
| | |groups, affected people | | | |
|World Bank Office |June to July, |Personnel of project |Project information and |Open information, transparent and fair policies |Increase the understanding of the project, increase the understanding|
|of Yining City |2011 |implementation units and |propaganda of | |and support of compensation and resettlement policies |
| | |affected village groups and|compensation and | | |
| | |people |resettlement policies | | |
|World Bank Office |June to July, |Relevant plan design unit, |Social economic survey, |1. Since the agricultural income is relatively |1. The land acquisition is mainly current resettlement, also includes|
|of Yining City |2011 |all affected township |resettlement intension |low, most people hope to obtain currency |land transfer, agricultural resettlement, employment resettlement and|
| | |governments and village |survey and resettlement |compensation after the land acquisition, and |other resettlement modes. At the same time, provide the social |
| | |groups, affected people |program negotiation |demand that the compensation can make up for the |security, skill training, and secured loan and diversified |
| | | | |loss caused by land acquisition. |resettlement measures. |
| | | | |2. The house demolition compensation amount shall|2. The house demolition compensation is on the basis of complete |
| | | | |be enough for purchasing of resettlement houses. |replacement price, and the resettlement houses will be exchanged |
| | | | |Property exchange houses shall be selected in |according to principle of nearest site locations. The government will|
| | | | |nearest places. |provide infrastructures and supporting public service facilities. |
| | | | |3. The operating losses shall be fully considered|3. The shops will be exchanged according to 1:1 area proportion, at |
| | | | |for shops, enterprises and other business houses |the same time, compensation will be made for the production and |
| | | | |demolition. |operation suspension loss |
|World Bank Office |August to |All affected township |Collect public opinions |The house demolition shall be resettled in each |Formulate the Immigration Resettlement Exchange Platform |
|of Yining City |November, 2011 |governments and village |on Immigration |own village as possible, some demolished |Implementation Program in Work Bank Loan Xinjiang Yining Urban |
| | |groups, affected people |Resettlement Plan, |households hope that they can obtain the |Transportation Project, provide the policy guarantee for meeting some|
| | | |improve the resettlement |courtyard-type resettlement way. |immigrants’ desire for courtyard-type houses and keeping original |
| | | |program | |production and living ways. |
With the constant progress of project preparation and implementation work, the design unit, World Bank Project office of Yining City, district and township immigration office will further carry out public participation. See Table 8-2 for concrete public participation and arrangement.
Table 8-2 Project public participation and plan
|Purpose |Way |Time |Unit |Participator |Subject |
|Immigration |Delivered to all|After the |World Bank Project Office of|All affected |Immigration resettlement plan |
|resettlement plan |immigrants |examination and |Yining City, all township |people |manual or propaganda manual |
|manual or propaganda | |approval of Work |governments | | |
|manual | |Bank | | | |
|Acquired land |Village bulletin|March, 2012 |World Bank Project Office of|All affected |Announce the land acquisition |
|announcement |board and | |Yining City, all township |people |area, compensation standard. |
| |villager | |governments | |Resettlement ways etc. |
| |meetings | | | | |
|Land acquisition |Village bulletin|April, 2012 |World Bank Project Office of|All affected |Compensation costs and payment |
|compensation |board and | |Yining City, all township |people |way |
|resettlement, program|villager | |governments | | |
|announcement |meetings | | | | |
|Affirm the income |Villager |May, 2012 |World Bank Project Office of|All affected |Discuss the final recovery |
|recovery plan and its|meetings | |Yining City, all township |people |program and use program of |
|implementation |(several times) | |governments | |compensation funds |
Immigration Resettlement Funds and Budget
9.1 Immigration Resettlement Budget
Costs caused in the land acquisition and immigration resettlement processes will be listed in the general budget of this project. According to price in first half year of 2011, the total immigration cost of this project is RMB 123.1557 million Yuan.
From the impact category, cost of the permanent acquired collective land is RMB 34.3312 million Yuan (27.88% of total cost). Cost of demolished resident houses is RMB 31.0014 million Yuan (occupies 25.17% of total cost), cost of demolished shops RMB 4.155 million Yuan (3.38% of total cost), cost of enterprise and public institutions accessory houses demolition compensation RMB 12.3422 million Yuan (10.02% of total cost), cost for ground accessory compensation RMB 4.1453 million Yuan (3.37% of total cost). Other taxes and management fees are totally RMB 24.8652 million Yuan (20.19% of total cost), and anther RMB 12.3156 million Yuan will be separately listed for reserved funds (10% of total cost). See Table 9-1 for concrete details.
Table 9-1Immigration resettlement compensation and investment estimate sheet of Yining Urban Transportation Project
|No |Category of Fees |Unit |Compensati|
| | | |onstandard|
| | | |(Yuan/unit|
| | | |) |
9.2 Annual Investment Plan
All sources of funding are from local supporting funds and loan funds form World Bank. Before the project construction or in the implementation process, to not affect the land acquired farmer households’ production and living conditions, the investment plan is carried out in different stages. See Table 11-2 for concrete immigration investment plan.
Table 9-2 Annual immigration investment plan
|Year |2012 |2013 |
|Investment （million yuan） |4926.23 |7389.34 |
|Proportion （%） |40 |60 |
9.3 Sources of Funding and Fund Flow
The sources of funding and fund flow in this project are as follows:
[pic]
Figure 9-1Land acquisition demolition compensation fund flow diagram
Monitoring Assessment Arrangement and Complaint Appeal Treatment
To ensure the successful implementation of immigration resettlement plan, fulfill the aim of properly resettlement of immigration, the implementation of land acquisition and immigration resettlement action have been regularly monitored and assessed according to requirements of World Bank’s business policy OP4.12 Involuntary Resettlement and Immigration Monitoring Assessment Business Guide of World Bank Chinese Loan Project. The monitoring includes internal monitoring of immigration resettlement institution and external independent monitoring. The monitoring assessment will begin in June, 2012, and end after six months since the completion of immigration resettlement action and immigrant’s livelihood has been effectively recovered. According to the project construction progress and immigration resettlement progress of Xinjiang Yining urban transportation project, the internal monitoring and external monitoring reports will be regularly submitted to the World Bank every sixth months.
10.1 Internal Monitoring
The project management office of Yining City will establish the internal monitoring operation mechanism to inspect the immigration resettlement activities. All project management offices will establish the land acquisition demolition and immigration resettlement information data base, use it to compile the immigration resettlement plan and monitor all immigration households and units to be demolished and conduct whole-process internal supervision inspection of immigration resettlement preparation and implementation.
10.1.1 Implementation Procedure
In the implementation period, the project unit will collect and record information about implementation of immigration resettlement according to monitoring sample, and timely transfer the real-time records to project management office to keep constant monitoring of the implementation. The project management office will regularly inspect the implementation situation.
10.1.2 Monitoring Contents
1. Pay immigrants and units to be demolished the compensation costs
2. Implementation of currency resettlement house resources
3. Construction of property exchange resettlement
4. Immigration institution personnel allocation and training, work schedule and its efficiency
5. Registration and treatment of immigrant complaint and appeal
10.1.3 Internal Monitoring Report
The project implementation unit will compile one internal monitoring report in every six months and submit it to the project management office. All project management offices will summarize the reports at the end of year, report them to the World Bank Loan Project Management Office of Yining City and the World Bank.
10.2 External Independent Monitoring
10.2.1 Purpose and Task
The external monitoring assessment is mainly the regular monitoring and assessment of land acquisition demolition and immigration resettlement activities outside the resettlement institutions to assess whether the immigration resettlement objective is fulfilled or not. Through the external monitoring assessment work, raise assessment opinions and suggestions for whole process of immigration resettlement and recovery of immigration production and living levels, provide the early warning system for project management department and provide channel for reflection of immigrants’ opinions.
The external monitoring institution will be the consultant for the management institution and project implementation institution of this project to monitor, assess the implementation activities of immigration resettlement plan and raise decision-making adversary opinions.
10.2.2 Independent Monitoring Institution
In the Xinjiang Yining urban transportation project, qualified institution will be entrusted to be the independent external monitoring assessment institution according to requirements of the Word Bank. The independent external monitoring institution will implement the all basic monitoring works through providing technical assistance to project units at all levels, immigration survey and survey of affected people’s living level according to regulations.
10.2.3 Monitoring Steps and Contents
1. Compile the outline of monitoring assessment.
2. Compile the outline and form of survey, record cards of affected residents and typical enterprise and public institutions.
3. Design sample scale of sample survey program: proportion of land acquisition affected households no less than 15%; proportion of households to be demolished no less than 10%, proportion of enterprises and public institutions affected by the demolition no less than 20%.
4. Base survey
Conduct the base survey necessary for independent monitoring assessment of villager groups involved in land acquisition of this project, obtain basic information about the living level (level of living, production operation and income) of monitored immigrant households.
5. Establish the monitoring assessment information system
Establish the monitoring assessment information system, classify all kinds of data relevant to the immigration monitoring assessment and establish the data base, provide the computer assistance for analysis and tracking monitoring.
6. Monitoring assessment survey
（1）Capacity assessment of immigration implementation institution: investigate the operation capacity and work efficiency of the immigration implementation institution.
（2）Monitor the immigration resettlement progress, compensation standards, typical households to be demolished: Monitor the payment of compensation funds for residents, income recovery situation, immigration resettlement quality, recovery measures of disadvantaged groups.
（3）Public participation and negotiation: Participate the compilation of project immigration resettlement plan and immigration public participation activities in the implementation period, monitor the results of immigration participation.
（4）Immigrant complaint: Monitor the registration and treatment of immigration complaint.
7. Classify the monitoring materials, establish the data base.
8. Contrastive analysis
9. Compile the monitoring assessment report according to the monitoring plan.
10.2.4 Monitoring Index
Main index of monitoring assessment
1. Progress: includes the land acquisition, house demolition, preparation and implementation of immigrant resettlement.
2. Quality: includes the implementation effect of resettlement measures and satisfaction degree of immigration resettlement objects.
3. Investment: includes the allocation and funds use situation.
The monitoring and assessment are on the basis of survey data provided by the survey and design institution and immigration resettlement implementation institution. The assessment will be carried out in form of key object interview and fast rural assessment.
Usually, the external monitoring and assessment institution will carry out the following works.
1. Carry out public consultation
The independent monitoring institution will participate in the public consultation meeting held in villages and towns.
2. Collect opinions of villagers along the railway line
The independent monitoring institution will often meet the township immigration resettlement office and villagers to obtain their opinions collected along the railway line. The institution will report the affected individual and collective opinions to the immigration resettlement office and provide the improvement suggestion to facilitate that the smooth and effective implementation of immigration resettlement work.
3. Other responsibilities
The independent monitoring institution raises suggestions for the formulation of immigration resettlement plan to the immigration resettlement office, will monitor the implementation of all the following immigration implementation activities.
10.2.5 External Monitoring Report
The external monitoring institution will compile the external monitoring report on the basis of materials acquired through observation and survey, independently report it to the World Bank Project Office of Yining City and the World Bank.
1. Period
The monitoring assessment will began in June, 2012, end after six months since the completion of immigration resettlement activities and the immigrants’ livelihood has been recovered effectively. According to requirements of the World Bank, since the beginning of the immigration resettlement implementation, external monitoring will be conducted twice every year. One annual interim monitoring report about the annual immigration resettlement situations will be submitted to the World Bank and immigration resettlement implementation institution. At the end of each year, one annual monitoring report will be submitted to the World Bank and owner unit.
2. Contents
(1) Base survey of immigration;
(2) Land acquisition demolition and immigration resettlement progress;
(3)Production resettlement and recovery;
(4) Immigration houses demolition and reconstruction resettlement;
(5) Implementation progress of special facilities
(6) Immigration living level;
(7) Immigration funds implementation and application;
(8) Operation and efficiency assessment of implementation institution of immigration demolition resettlement;
(9) Support to disadvantaged groups;
(10) Functions of implementation institution of immigration resettlement;
(11) Existing problems and suggestions.
10.2.6 Post Assessment
After the project implementation and on the basis of monitoring assessment, apply the project post assessment theory and methods to conduct post assessment of immigration resettlement activities. Assess the successful and valuable experiences of land acquired peasants resettlement, provide valuable experiences for future immigration resettlement. The post assessment work is conducted by the independent external monitoring assessment institution which is entrusted by the project management office. Unit responsible for the post assessment will compile the outline of post assessment and establish the assessment index system, conduct social economic analysis and survey, compile the Project Immigration Resettlement Assessment Report, report it to the World Bank Management Office of Yining City and the World Bank.
10.3 Complaint and Appeal Treatment Procedures
In the land acquisition demolition resettlement process, the following measures shall be adopted to reduce the immigrants’ complaint and appeal: 1) broadly propagandize the land acquisition demolition resettlement policy, the project implementation unit, demolition institution and local governmental departments will interpret the project land acquisition demolition resettlement policies in detail to affected groups through meetings, symposium and household survey. Try to make the immigrants understand the principles of land acquisition demolition immigration resettlement, relevant regulations and resettlement compensation standards and others as possible. 2) Intensify the strengthen of information publication, try to make relevant loss data, signature of resettlement agreement, delivery of resettlement compensation costs, resettlement house construction progress, relevant situations of demolition resettlement institution and other relevant information open to the affected groups, accept the immigrants’ supervision. 3) Intensify communication and negotiation with the immigration. The project implementation unit, demolition institution and local government shall carefully collect the immigrants’ opinions and requirements, communicate and negotiate with them sincerely, timely help them to solve the difficulties and problems they meet in the demolition resettlement process, try to meet their reasonable requirements and solve conflict when it’s just a seed.
In the compilation of resettlement plan of people affected in this project and the implementation process, the participation of affected people and units to be demolished is highly emphasized, and the appeal mechanism is established. If the affected people are dissatisfied with the compensation arrangement or think they have suffered unreasonable or unfair treatment in the resettlement process, they can seek solution through relevant procedures.
Since the immigration resettlement work is conducted with the participation of affected people, huge dispute will not happen. However, to ensure that the affected people have the channel to raise appeal on all aspects relevant to land acquisition and immigration resettlement, the appeal mechanism is established in the compilation and implementation processes of immigration resettlement plan of Xinjiang Yining urban transportation project. The appeal is divided into four stages:
Stage 1: if the immigrants are dissatisfied with the immigration resettlement plan, they can submit oral or written appeal to the village committee or project demolition implementation institution. For the oral appeal, the village committee or project demolition implementation institution shall classify the appeal and record it in written form. The village committee or project demolition implementation institution shall solve the appeal in 2 weeks.
Stage 2: If immigrations are still not satisfied with the solution in Stage 1, they can raise appeal to township immigration office/management institution after receiving the decision, and the township immigration office/management institution shall make the treatment decision in 2 weeks.
Stage 3: If immigrations are still not satisfied with the solution in Stage 2, they can raise appeal to administrative agencies with jurisdiction step by step after receiving the decision according to the Administrative Procedure Law of the People's Republic of China.
Stage 4: If immigrations are still dissatisfied with the decision of arbitrator, they can appeal to the court after receiving the decision of arbitrators according to the Law of Civil Procedure.
The immigrants can raise appeal on any aspect of the immigration resettlement including the compensation standards and others. The above appeal ways will no noticed to the immigrants through meeting and other forms to make the immigrants to fully understand their rights for appeal. At the same time, media tool will be adopted to intensify the propaganda and report, the opinions and suggestions on all aspects of immigration work will be classified into information articles, researched and treated by immigration institutions at all levels timely. All institutions will accept the affected people’s complaint and appeal freely, and reasonable subsequent costs will be deducted from the unexpected expenses for immigrants.
Table of Immigrant’s Rights and Benefits
The right matrix of affected population or organization affirmed according to the immigration resettlement plan of World Bank Yining Urban Transportation Project is as demonstrated in Table 11-1.
Table 11-1Table of immigrant’s rights
|Type of loss |Application |Entitled people/group |Compensation policies |Compensation rights |Compensation standards |
|Loss of houses and |Houses and accessories within the project land |Owners of houses, rural |1. Property exchange: change into 80-200 m2 |For immigrants that chose currency |1. Property exchange: change into 80-200 m2 |
|accessories |use scope, houses and accessories affected by the|residential houses |low-income urban residents or security houses|compensation, the houses will be |low-income urban residents or security houses |
| |land use scope. The area of rural residential |demolition will affect 648|within 1:12 proportion of actual building |compensated according to market |within 1:12 proportion of actual building area. |
| |houses in the project demolition is 94964.74m2 |households, 2837 people. |area. |assessment price, which will not be less|2. Currency compensation: |
| | | |2. Currency compensation: |than the base price regulated in the |Compensate the houses according to market |
| | | |Compensate the houses according to market |project. The depreciation is not |assessment price, which shall be no less than |
| | | |assessment price, which shall be no less than|counted, and old materials of demolished|the base price formulated in the project (RMB |
| | | |the base price formulated in the project (RMB|houses can be used. |1200 Yuan/m2). The depreciation is not counted, |
| | | |1200 Yuan/m2). The depreciation is not |Provide the removal subsidy and |and old materials of demolished houses can be |
| | | |counted, and old materials of demolished |temporary transition fees. |used. |
| | | |houses can be used. | |Provide the removal subsidy and temporary |
| | | |Provide the removal subsidy and temporary | |transition fees. |
| | | |transition fees. | | |
|Demolition of |Commercial shops within the project land use |130 shops and 313 people |1. Property exchange: for immigrants that |For immigrants that chose currency |1. Property exchange: for immigrants that chose |
|commercial shops |scope and commercial shops affected by the land |affected by the demolition|chose the house property exchange, houses on |compensation, the houses will be |the house property exchange, houses on same |
| |use scope. In this project, 130 commercial shops | |same floor in same location will be exchanged|compensated according to market |floor in same location will be exchanged |
| |will be affected, with demolition area of | |according to 1:1 proportion of house building|assessment price, which will not be less|according to 1:1 proportion of house building |
| |15475.43 m2 | |area of land acquisition houses. |than the base price regulated in the |area of land acquisition houses. |
| | | |2. Currency compensation: |project. The depreciation is not |2. Currency compensation: |
| | | |Compensate the houses according to market |counted, and old materials of demolished|Compensate the houses according to market |
| | | |assessment price, which shall be no less than|houses can be used. |assessment price, which shall be no less than |
| | | |the base price formulated in the project (RMB|Provide the production and operation |the base price formulated in the project (RMB |
| | | |1200 Yuan/m2). The depreciation is not |suspension subsidies |1200 Yuan/m2). The depreciation is not counted, |
| | | |counted, and old materials of demolished | |and old materials of demolished houses can be |
| | | |houses can be used. | |used. |
| | | |Provide the removal subsidy and temporary | |Provide the production and operation suspension |
| | | |transition fees. | |subsidy RMB 6000 Yuan/household |
|Demolition of |Enterprise and public institutions within the |Among which there are |One-time currency compensation will be made |Currency compensation will be made for |Currency compensation: compensate the shops |
|enterprises and |project land use scope and enterprise and public |there are 14 enterprises |for the demolition houses and accessories |the demolition houses and accessories |according to market assessment price, which |
|public institutions|institutions affected by the land use scope. In |and 7 public institutions.|according to complete replacement price. |according to complete replacement price.|shall not be less than the base price regulated |
| |the project, 21 enterprises and public |Since it’s unnecessary to |Compensation will also be made for land use |compensation will also be made for land |in this project (brick and concrete RMB 780 |
| |institutions will be affected among which there |reconstruct in other |right. |use right. |Yuan/m2, brick and wood RMB 680 Yuan/m2, soil |
| |are 14 enterprises and 7 public institutions with|places, the affected | |Ensure not affecting normal production |and wood RMB 400Yuan/m2 and simple structure RMB|
| |demolition area of 1334.14 m2 |population will not be | |operation and operation |300 Yuan/m2). The depreciation is not counted, |
| | |counted. | | |and old materials of demolished houses can be |
| | | | | |used. |
|Disadvantaged |Disadvantaged groups in project affected |Households in special |Priority of resettlement will be endowed, and|Resettlement priority, have priority to |Resettlement priority, have priority to obtain |
|groups |population |difficulties, households |all kinds of subsidies and salvation policies|obtain lowest living security, urban and|lowest living security, urban and rural |
| | |enjoying the minimum |will be provided to help and support the |rural residential medical aids and other|residential medical aids and other policy |
| | |living guarantee, |immigrants |policy supports |supports |
| | |households with disabled | | | |
| | |people, old people’s | | | |
| | |family that lives along, | | | |
| | |totally 85 households, 89 | | | |
| | |people. | | | |
|Ground accessories |All kinds of ground accessories |Owners |The project unit will make compensation for |The project unit will make compensation | |
| | | |owners according to principle of complete |for owners according to principle of | |
| | | |replacement price |complete replacement price | |
|All affected types |Within the project land use scope |All affected |All kinds of costs involved in the appeal on |All kinds of costs involved in the | |
| | |populations/units |demolition resettlement problems raised by |appeal on demolition resettlement | |
| | | |affected people and the management fees will |problems raised by affected people and | |
| | | |be free. |the management fees will be free. | |
Appendix
Appendix 1： Notice on Establishment of Immigration Resettlement Leading Group of World Bank Loan Project of Yining City
Notice on Establishment of Immigration Resettlement Leading Group of World Bank Loan Project of Yining City
(Yining Governmental Office [2011] No. 587)
Cattle farm, Management Committee of the Cooperation Zone, all township governments, street offices, all committees, offices, bureaus, garden farms, Lianchuang Company:
The World Bank Loan Project of Yining City has passed the early identification of the World Bank in April, 2011. According to relevant requirements of World Bank Loan immigration resettlement work, to ensure the smooth implementation of the project, the Immigration Resettlement Leading Group of World Bank Loan Project of Yining City was established after research of the People’s Government of Yining City. The members are as follows:
Group leader: Lan Jun Deputy municipal committee secretary
Deputy group leader: Sang Lin Deputy municipal committee secretary
Hou Jun Chairman of Management Committee of Cooperation Zone
Members:
Yang Yijiang Deputy Director of Municipal Committee Organization Department
Hei Xiaoyi Deputy director of Municipal Public Security Bureau
Dilixiati Director of Municipal Construction Bureau
Liu Shulei Chairman of Municipal Development and Planning Commission
Luo Faming Deputy director of Municipal Finance Bureau
Song Weijiang Director of Municipal Planning Bureau
Tian Kai Director of Municipal Real Estate Bureau
Li Xiaolong Director of Municipal Land and Resources Bureau
Nuermaimaiti Director of Municipal Ethnic and Region Affairs Bureau
Abulimiti Director of Municipal Civil Affairs Bureau
Ru Keya Chairman of Municipal Women’s Federation
Zhang Zhenghong Director of Municipal Statistics Bureau
Zhong Wei Secretary of Party Committee of Keerdun Town
Dilixiati Township head of Hanbin Town
Abudusalamu Township head of Dadamutu Town
Julaiti Chairman of Qiongkeruike Street Office
Nijiati Chairman of Sayibuyi Street Office
Sidekejiang Chairman of Ailanbage Street Office
Paerhati Chairman of Jiefang Road Office
Mutalipu Chairman of Yilihe Street Office
Nuerhailili Chairman of Kezanqi Street Office
Abulikemu Chairman of Dulaiti Street Office
Meng Xuhui Chairman of Party Working Committee of Dunmaili Street Office
Zhang Chunguo Manager of Municipal Transit Company
The leading group includes the project management office, which is set in the Municipal Construction Bureau, and Comrade Dilixiati holds the post of office chairman. The Office is allocated with professional management personnel to take charge of concrete project works, and relevant professional personnel are extracted from all member units to coordinate the Project Office’s work according to job demands.
July 13, 2011
Appendix 2: Accessory Compensation Standards
According to regulations in Document New Valuation House (2001) No. 500, see the following for details
1. Compensation for general crops on farmland is the average output value of first three years of the crops, which is RMB 1500 Yuan/mu. Compensation for perennial crops is calculated by two times, which is RMB 3000 Yuan/mu;
2. Compensation for young crops is RMB 2400 Yuan/mu;
3. Compensation for fruit trees in orchards is made according to number of trees, compensation for grape is according to mound, and the compensation standards are as demonstrated in the following table:
| Project |Unit |Tree specifications（diameter |Compensation standard（Yuan） |
| | |at breast height, cm） | |
|Tree species | | | |
|Orchard |Tree |Below 5 cm |20—40 |
| |Tree |5—15 cm |40—60 |
| |Tree |15—30 cm |60—100 |
| |Tree |Above 30 cm |120 |
|Grape |Mound |Those less than 3 years old |30—70 |
| | |have not bore fruits | |
| |Mound |Those above 3 years old have |70--110 |
| | |already bore fruits | |
4. For perennial crops on grassland such as alfalfa and others, the compensation is made according to two times of grade corresponding to the grassland compensation basic number. Other grasslands are compensated according to the compensation basic number grade.
5. Compensation for shrub wood forest in on the basis of following standards:
Compensation standards for shrub wood forests
|Closing （%） |Standards (Yuan/mu) |
|20—40 |300 |
|40—60 |500 |
|Above 60 |600 |
6. Compensation for high forest is on the basis of following standards:
| Project |Unit |Tree specifications（diameter |Compensation standard（Yuan） |
| | |at breast height, cm） | |
|Tree species | | | |
|Broadleaf tree |Tree |Below 5 cm |10—15 |
| |Tree |5—15 cm |15—25 |
| |Tree |15—30 cm |25—35 |
| |Tree |Above 30 cm |45 |
|Coniferous tree |Tree |Below 5 cm |20—30 |
| |Tree |5—15 cm |30—50 |
| |Tree |15—30 cm |50—70 |
| |Tree |Above 30 cm |90 |
Compensation for nursery trees: timber forest nursery RMB 5000 Yuan/mu, economic forest nursery RMB 8000 Yuan/mu.
Compensation standards for house accessories and ground attachments:
Compensation for house accessories ceiling is 4-98 Yuan/m2 according to different specifications
Compensation for house inner wall is 7-33Yuan/m2 according to different specifications and quality
Compensation for house outer wall is 23-45 Yuan/m2 according to different scales and quality
Compensation for floor decoration is 12-119 Yuan/m2 according to different scales and quality
Compensation for courtyard wall is 14-200 Yuan/m2 according to different specifications and quality. Compensation for outdoor floor is 60120 Yuan/m2 according to different specifications and quality.
Compensation for house door is 84-600 Yuan/m2 according to different specifications and quality
Compensation for courtyard gate is 129-293 Yuan/m2 according to different specifications and quality
Compensation for house window is 113-290 Yuan/m2 according to different specifications and quality
Compensation for roof is 29-143 Yuan/m2 according to different scales and quality
Compensation for impounding reservoir (with cover) is 180 Yuan/m2
Compensation for catch basin, pothole, brick and iron well cover is RMB 1500 Yuan/piece
Compensation for seepage pit, hole in ground and filled Gobi is RMB 1500 Yuan/piece
Compensation for running water pipe, excavated earth, trough, galvanized pipe 20 is RMB 53 Yuan/m
Compensation for high-grade marble is RMB 300 Yuan/m2
Compensation for wallpaper is RMB 23 Yuan/m2
Compensation for dado including heating set is RMB 45 Yuan/m2
Compensation for ceiling and light steel keel gypsum plate is RMB 48 Yuan/m2
Compensation for PVC buckle is RMB 35 Yuan/m2
Compensation for door pocket is RMB 300 Yuan/piece
Compensation for furring tile is RMB 50 Yuan/m2
Compensation for wall cupboard is RMB 300 Yuan/m2
Compensation for rolling door is RMB 130 Yuan/m2
Compensation for iron railing is RMB 180 Yuan/m2
Compensation for sewer is RMB 73-120 Yuan/m2 according to different diameters
Appendix 3: Shops affected by demolition and resettlement
Shops Affected by Demolition and Resettlement
|No |Name of road |Village |
|Public notice of project documents |Survey field of immigration affected material quantity |Immigration investigator training field |
|[pic] |[pic] |[pic] |
|Immigration resettlement program symposium |Social economic survey field |Immigration resettlement intension survey field |
-----------------------
[1] Normally, this cut-off date is the date the census begins. The cut-off date could also be the date the
project areas was delineated, prior to the census, provided that there has been an effective public
dissemination of information on the area delineated, and systematic and continuous dissemination
subsequent to the delineation to prevent further population influx.
[2] Replacement cost" is the method of valuation of assets that helps determine the amount sufficient to
replace lost assets and cover transaction costs. In applying this method of valuation, depreciation of
structures and assets should not be taken into account.
[3] Net income = gross income - productive expenditure
[4] Implemented on October 20, 2010
[5] Calculation equation of average future opportunity cost of land in unlimited years: [pic] (wherein, v is net present value, a is net annual output value, and r is discount rate).
-----------------------
Zhahulake township
Tashikuleke township
Yining City
Kaerta township
Kebokeyuzi township
Hanbin township
Dadamutu township
Bayandai town
Yingyeer township
World Bank Loan Project immigration resettlement office of Yining City
World Bank Loan Project immigration resettlement management office of Yining City
Land and Resources Bureau Acquisition demolition office of Yining City \Construction Bureau Acquisition demolition office of Yining City \ Cooperation Zone Acquisition demolition office
Project township people’s government
Internal monitoring
External monitoring units
Land acquisition affected people
Resident demolition affected people
Enterprise and public institutions affected by the demolition
Owner’s of ground accessories
World Bank Office of Yining City
Acquisition office and demolition office
Project executive unit
Land acquisition demolition units and households
Sign the compensation and resettlement agreement
Fund payment
Examination and approval
Management and supervision
Business entrust
Organization and implementation
Demolished units and households
Land acquired village groups and demolished ho(ø
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