1
The World Bank Financed Xiangyang Urban Transport Project
Resettlement Action Plan
（Version for Appraisal）
Xiangyang Urban Transport Project Management Office
November 2011
Commitment about the Resettlement Action Plan of
The World Bank Financed Xiangyang Urban Transport Project
The ownership of The World Bank financed Xiangyang Urban Transport Project is Xiangyang Construction Investment Management Co., Ltd(XCIMC). The resettlement office of Xiangyang Urban Transport Project affiliated to XCIMC has developed Resettlement Action Plan fot this project.
The People’s Municipal Government of Xiang Yang City confirms that, the Resettlement Action Plan was developed on the basis of thorough and careful investigation, full consultation with affected villages, households and units, and all the resettlement policies have been approved by relevant government departments of Xiangyang City. All the policies and standards included in this Resettlement Action Plan comply with the involuntary resettlement policy of the World Bank, conform to the relevant regulations of the People’s Republic of China and Hubei Province, and consistent with the relevant local policies and standards in Xiangyang City.
The People’s Municipal Government of Xiang Yang makes the following commitment that,after this Resettlement Action Plan is approved by the World Bank, all the policies and standards included in this plan will be strictly followed during the implementation stage.
The People’s Municipal Government of Xiang Yang City
November 2011
Contents
1. Project Profile 21
1.1 Project introduction 21
1.2 Basic information about project area 25
1.2.1 Basic information about Xiangyang City 25
1.2.2 Basic information about Panggong Subdistrict 25
1.3 Affected area of this project 26
1.4 Measures to alleviate the impact of resettlement 26
1.4.1 Measures taken during the stage of project design 27
1.4.2 Measures during the implementing stage of land acquisition and house demolition 29
1.4.3 Measures taken during the construction period of the project 210
1.5 Preparation and progress of the Project 210
1.6 Project Owner 211
1.7 Project construction and implementation 211
1.8 Land use and acquisition permit 211
1.9 Laws and regulations concerning compensation rates 211
2. Analysis on the Project Impact 213
2.1 Definition of project impact 213
2.2 Survey on the project impact 214
2.3 Overview of project impact 216
2.4 Land acquisition involved in the project 218
2.4.1 Requisitioned rural collective-owned land 218
2.4.2 Requisitioned state-owned land 219
2.5 House demolition involved in the project 219
2.5.1 Demolished private houses 220
2.5.2 Demolished buildings of enterprises and public institutions 220
2.5.3 Affected stores 221
2.5.4 Affected attachments 222
2.6 Affected vulnerable group 223
2.6.1 Identification of affected vulnerable group 223
2.6.2 Affected vulnerable families 223
2.7 Affected infrastructure 224
3. Socio-economic Survey on the Affected Area of This Project 225
3.1 Social and economic situation of affected area 225
3.2 Basic information about affected subdistricts and villages 225
3.3 Basic information about affected households 226
3.4 Impact on minority groups and social gender 229
4. Laws, Regulations and Policies 230
4.1 Major laws, regulations and policies for resettlement work 230
4.1.1 Relevant laws and regulation issued by the central government 230
4.1.2 Regulations and policies issued by the People’s Government of Hubei Province and relevant departments 230
4.1.3 Regulations and policies issued by the People’s Government of Xiang Yang and relevant departments 231
4.1.4 Involuntary resettlement policies of the World Bank 231
4.2 Abstract of major laws, regulations and policies 231
4.2.1 Abstract of relevant laws and regulations issued by the State Ministries and Hubei Province 231
4.2.2 Abstract of relevant regulations and policies issued by Xiangyang City 237
4.2.3 Involuntary resettlement policies of the World Bank 240
4.3 Resettlement approaches applicable to this project 242
4.3.1 Policy for acquisition of collective-owned land 242
4.3.2 Policy for acquisition of state-owned land 243
4.3.3 Policy for demolishing buildings on state-owned land 243
4.3.4 Policy for demolishing housing on collective-owned land 244
4.3.5 Compensation policy for relocated stores 245
4.3.6 Compensation policy for unlicensed housing 245
4.3.7 Preferential policy for vulnerable groups 245
5. Resettlement Compensation Rate 247
5.1 Compensation rate for requisitioning collective-owned land 247
5.2 Compensation rate for requisitioned state-owned land 249
5.3 Compensation rate for demolished house on state-owned land 249
5.4 Compensation rate for demolished houses on collective-owned land 250
5.5 Compensation for enterprises and public institutions 253
5.6 Compensation rate for relocated store 253
5.7 Compensation for unlicensed houses 254
6. Implementation Plan for Resettlement and Rehabilitation 255
6.1 Objective, method and principle of resettlement and rehabilitation 255
6.1.1 Objective 255
6.1.2 Methods 255
6.1.3 Principle 255
6.2 Resettlement of relocated households 256
6.4 Rehabilitation of affected enterprises and institutions 261
6.5 Resettlement and recovering of affected stores 263
6.6 Rehabilitation of specialized facilities 264
6.7 Resettlement and recovering of affected vulnerable people 264
6.8 Schedule of resettlement and recovering 265
7. Budget and Management of Resettlement Funds 267
7.1 Constitution of resettlement funds 267
7.1.1 Compensation fee for land acquisition 267
7.1.2 Compensation fund for house demolition 267
7.1.3 Compensation fee for all kinds of attachments and public utilities 267
7.1.4 Other expenses related to resettlement 267
7.1.5 Administrative expenses for resettlement 267
7.1.6 Unforeseeable expenses 267
7.2 Budget of resettlement funds 268
7.3 Object and flow of resettlement funds 269
7.3.1 Object of resettlement funds 269
7.3.2 Source and flow of resettlement funds 269
7.4 Appropriation, management and monitoring of resettlement fund 269
7.4.1 Appropriation of resettlement funds 269
7.4.2 Management and monitoring of resettlement funds 270
8. Resettlement Organizations 271
8.1 Organization setting 271
8.2 Responsibility of each organization 271
8.2.1 Xiangyang Construction Investment Management Co., Ltd 271
8.2.2 Resettlement Office of Xiangyang Urban Transport Project 272
8.2.3 Resettlement Office of Panggong Subdistrict 272
8.2.4 Independent monitoring organization 272
8.3 Staffs and facilities of each resettlement organizations 273
8.4 Measures to enhance resettlement organizations’ ability 273
8.5 Plan to further enhance resettlement organizations’ ability 274
9. Public Participation and Consultation 276
9.1 Activities of public participation and consultation have been conducted 276
9.2 Feedback to public participation and consultation 280
9.3 Plan of consultation with affected people in the next stage 281
9.4 Ways to participate in consultation during implementing phase 282
9.5 Publicity of policies and the resettlement information Booklet 282
10. Grievance and Appeals 284
10.1 Means of collecting grievance and appeals 284
10.2 Grievance and appeal procedure 285
10.3 Principles of dealing with grievance 285
10.4 Content and means of reply to grievance 286
10.4.1 Content of reply 286
10.4.2 Means of reply to grievance 286
10.5 Records and feedback of grievance and appeals 286
10.6 Contact information for grievance and appeals 287
11. Resettlement Monitoring 288
11.1 Internal monitoring 288
11.1.1 Purpose of internal monitoring 288
11.1.2 Implementing process of internal monitoring 288
11.1.3 Content of internal monitoring 289
11.1.4 Internal monitoring methods 290
11.1.5 Internal monitoring organizations and personnel arrangement 293
11.1.6 The cycle of internal monitoring and report 293
11.2 External monitoring 294
11.2.1 Purpose of external monitoring 294
11.2.2 Independent monitoring organization and its staffs 294
11.2.3 Responsibilities of independent monitoring organization 294
11.2.4 Methods and steps of external monitoring 295
11.2.5 Main content of external monitoring 296
11.2.6 External monitoring report system 298
12. Entitlement Matrix 2100
Annex I. List of Affected Families’ Relocation Area 2105
Annex II. Resettlement Information Booklet 2115
Annex III. Resettlement Responsibility Report of East Section and West Section of South Line of Inner Ring Road in Xiangyang 2119
Annex IV Disclosure Announce of the Resettlement Policies 2128
List of Tables and Figures
Table 1-1 Composition of road network perfection sub-project of Xiangyang Urban Transport Project 2
Fig. 1-1 Geographical location map of this project 23
Table 1-2 Composition of World Bank Financed Xiangyang Urban Transport Project 24
Table 1-3 Affected areas by resettlement involved in Xiangyang Urban Transport Project 26
Fig. 1-1 Working staff from different departments conduct field investigation and discuss the optimal scheme 28
Fig. 1-2 Wangjiawa Primary School partly affected by this project 29
Table 1-4 Preparation and implementation schedule of this project 211
Table 1-5 Schedule for land use and acquisition permit 211
Fig. 3 Resettlement personnel get information from peasants 214
Fig. 4 Resettlement personnel measure the building area on site 215
Fig. 5 Working staff and affected population check the attachments to the land together 215
Table 2-1 Quantities of land acquisition and house demolition involved in Xiangyang Urban Transport Project 217
Table 2-2 Requisitioned collective-owned land in Xiangyang Urban Transport Project (Unit: mu) 218
Table 2-3 Quantities of requisitioned state-owned land and land status 219
Table 2-4 Demolished area of Xiangyang Urban Transport Project (m2) 219
Table 2-5 Classfication of demolished buildings in Xiangyang Urban Transport Project (m2) 220
Table 2-6 Types and area of demolished private houses 220
Table 2-7 Demolished buildings of enterprises and public institutions (m2) 220
Table 2-8 Affected stores in Xiangyang Urban Transport Project 221
Table 2-9 Affected attachments in Xiangyang Urban Transport Project 222
Table 2-10 Affected vulnerable families 223
Table 3-1 Main indicators of Xiangyang’s economy 225
Table 3-2 Social and economic situation of Panggong Sub-district and affected villages in 2010 226
Table 3-3 Basic features of affected population in Xiangyang Urban Transport Project 226
Fig. 3-1 Distribution of employment sectors of affected families 228
Fig. 3-2 Structure of income source of affected families 228
Table 4-1 Comprehensive land price for expropriated land in Xiangyang City stipulated by the People’s Government of Hubei Province 233
Table 5-1 Compensation rates for attachments to the requisitioned land in Xiangyang Urban Transport Project 248
Table 5-2 Compensation rate for requisitioned state-owned land 249
Table 5-3 Replacement price of demolished house on state-owned land 250
Table 5-4 Compensation rate for demolished house on collective-owned land 251
Table 6-1 Construction plan of resettlement sites in Panggong Subdistrict 258
Fig 6-1 Sketch map of construction plann of resettlement site in Guanyinge Village 258
Fig 6-2 New market under construction, used for resettling proprietors of demolished market 262
Fig 6-3 Practice workshop of Xiangfan Industrial School built nearby 262
Table 6-2 Impact on affected enterprises and public institutions and resettlement methods 262
Table 6-3 Schedule of resettlement activities 266
Table 7-1 Budget sheet of resettlement funds for the Resettlement Office of Xiangyang Urban Transport Project 268
Table 7-2 Object of resettlement fund 269
Fig.8-1 Resettlement organizations of the Xiangyang Urban Transport Project 271
Table 8-1 Member list of each resettlement offices 273
Table 8-2 Staff arrangement of each resettlement organizations 273
Table 8-3 Facilities of each resettlement organizations 273
Table 8-4 Training plan of resettlement staffs 274
Table 8-5 Further training plan of resettlement offices 275
Fig. 9-1 soliciting the opinions and suggestions of affected people 276
Table 9-1 Activities about the publicity and consultation of resettlement information 277
Table 9-2 Summary sheet of public opinions and suggestions 278
Table 9-3 Informaiton about public participation, consultation and feedback in the World Bank Financed Xiangyang Urban Transport Project 280
Table 9-4 Time arrangement for consultation with affected people 282
Table 10-1 Registration form of grievance and appeals about resettlement 286
Table 11-1 Progress of land acquisition 292
Table 11-2 Progress of use of funds 293
Table 11-3 Staffs of implementing organizations in internal monitoring 293
1. Project Profile
1.1 Project introduction
The World Bank Financed Xiangyang Urban Transport Project is the key construction project of Xiangyang City. The project content includes building and improving the trunk road network in Panggong Subdistrict, improving the urban public transport facilities and enhancing the capability of traffic management organizations. This project aims to establish a complete traffic network system in Panggong Subdistrict, promote the development of this district, and improve the public transport system in Xiangyang City, enhance the capability of traffic management organizations and improve traffic control. This project is expected to be launched in 2012 and completed in 2014.
Xiangyang Urban Transport Project consists of four sub-projects: (1) Public transport sub-project; (2) Urban roads sub-project; (3) Traffic management sub-project; (4) Institutional development and capacity building sub-project. Here is a brief introduction to the content of each sub-project:
(1) Public transport sub-project: this construction project focuses on the main urban area of Xiangyang City. The main content of this sub-project includes building bus maintenance station and optimizing all the bus stops in the main urban area of Xiangyang City, etc. Meanwhile, the construction of bus bays will be carried out along with road network perfection sub-project. The total investment for public transport sub-projec is RMB 128 million Yuan and it includes the following contents:
1) Bus priority corridor: priority corridor for 13-road buses, renovation of bus bays and purchase of high-performance vehicles;
2) Bus station: Xianshan Bus Maintenance Station, Bus Maintenance Station in Xiangyang Economic Development Zone in Xiangzhou District, and renovation of bus terminal at railway station;
3) Public transport intelligent dispatching: GPS system;
4) Bus bays: bus bays of 13-road buses, bus bays for newly-built road in Panggong Subdistrict.
(2) Urban roads sub-project:The sub-project includes Eastern section project of south line of Inner Ring Road , Xingguang Avenue,Jianghua Road,Xiangyang Road, Zhakou 2nd Road ,Panggong Road and , Planned 13th Road and related urban road network.. The total investment of road network perfection sub-protect is about RMB 1.119 billion Yuan(including cost of the land use), the construction cost of road network and public facilities is about RMB 601 million Yuan.. See Table 1-1 for the basic information of these roads.
Table 1-1 Composition of road network perfection sub-project of Xiangyang Urban Transport Project
|No. |Road |Property |Width (m)|Length (m) |Cost of construction |
| | | | | |(ten thousand RMB Yuan） |
|1 |Eastern section of south line of |Trunk Road |60 |2046.8 |7670.3 |
| |Inner Ring Road | | | | |
|2 |Zhakou 2nd Road |Trunk Road |40 |3081 |7697.3 |
|3 |Xingguang Avenue |Trunk Road |50-80 |3187 |15924.2 |
|4 |Jianghua Road（west of Zhakou 2nd |Trunk Road |30 |259 |485.3 |
| |Road） | | | | |
|5 |Jianghua Road（east of Zhakou 2nd |Trunk Road |40-50 |1694 |5290.2 |
| |Road） | | | | |
|6 |Panggong Road(west of Zhakou 2nd |Trunk Road |30 |215 |402.9 |
| |Road） | | | | |
|7 |Panggong Road（east of Zhakou 2nd |Trunk Road |40-50 |1820 |5683.6 |
| |Road） | | | | |
|8 |Xiangyang Road |Trunk Road |40 |1798 |4492.0 |
|9 |Planned 13th Road |Trunk Road |40 |3264 |8154.5 |
|10 |Branch roads network |Branch roads | | |4300 |
(3) Traffic management sub-project: in order to ensure the overall improvement of public transport system, this sub-project will enhance the integration of public transport with traffic management, and improve the traffic monitoring facilities, traffic control and safety information system, traffic control facilities and traffic safety facilities in the entire urban area including south line of Inner Ring Road. The total investment of this sub-project is RMB 76 million Yuan.
(4) Institutional development and capacity building sub-project: providing special research, personnel training, project investigation, consulting service and study tour for the smooth implementation of this project, normal operation in future and sustainable development of urban transportation. The total investment of this sub-project is RMB 26 million Yuan.
As the core of this project, road network perfection sub-project is located in Panggong Subdistrict, in the eastern part of Xiangcheng District, Xiangyang City. The planned area starts from Huancheng East Road, to Shengli Street, to first line of Xianshan Road in the west, and extends to Han River in the east, north and south, covering a total area of 1,533.42 hectare. 3 sides of the planned area are facing to the river, forming a semi-circular region enclosed by Huancheng East Road, Shengli Street, Xianshan Road and Han River. See Fig. 1-1 for the geographical location of this project.
[pic]
Fig. 1-1 Geographical location map of this project
Panggong Subdistrict is located at the first terrace of Han River, with maximum width of about 3.5km from west to east and maximum length of about 5.5km from north to south. The district is adjacent to Ancient Xiangyang Town in the west, facing Fancheng Town across the river in the north and facing Yuliangzhou and Dongjin Group in the east. It is just at the intersection of main development vein, and it is the key area to implement the urban space development strategy.
As the Inner Ring Road is put through, the traffic conditions in Panggong Subdistrict will be dramatically improved. The traffic bottleneck that has always restrained the development of Panggong Subdistrict will be broken through to a large extent. Meanwhile, with the construction of municipal administrative and cultural center, Panggong Subdistrict will become the core area and hot spot of Xiangyang in the future. In this context, the reasonable planning and construction of traffic network in Panggong Subdistrict can play a significant role in improving residents’ life, upgrading the image of the city and promoting the economic and social development of Xiangyang City.
According to the plan of Xiangyang Construction Investment Management Co., Ltd, the road network perfection sub-project will be implemented stage by stage. The first stage of road network perfection sub-project includes five roads: Xingguang Avenue, Jianghua Road, Xiangyang Road, Zhakou 2nd Road and Eastern Section of South Line of Inner Ring Road.
This Resettlement Action Plan is prepared for land acquisition and house demolition involved in road network perfection sub-project and public transport sub-project during the first stage of this project. The specific content includes Xingguang Avenue, Jianghua Road, Xiangyang Road and Zhakou 2nd Road in road network perfection sub-project, and Xianshan Bus Maintenance Station and Bus Maintenance Station in Xiangyang Economic Development Zone, Xiangzhou District in public transport sub-project.
As an integral part of Xiangyang Inner Ring Road construction project, land acquisition and house demolition involved in the south line of Inner Ring Road has been completed as early as 2010. The eastern section of south line of Inner Ring Road is a part of World Bank financed project, and the resettlement work of this part will be reflected in Responsibility Report attached to this Resettlement Action Plan. Meanwhile, the western section of south line of Inner Ring Road, which is under construction, is identified as the related project of this project by the World Bank, and the land acquisition and house demolition has also been completed in 2010 and the resettlement work will be reflected in Responsibility Report as well.
In addition, Resettlement Policy Framework will be prepared for Panggong Road and Planned 13th Road and newly-built resettlement sites. Detailed information about resettlement and relevant policy will be provided after the project design is completed.,and a brief RAP will be developed out and implemented with the approval from the World Bank.
Table 1-2 Composition of World Bank Financed Xiangyang Urban Transport Project
|No. |Sub-project |Land |House |RAP |Policy |
| | |acquisition |demolition | |framework |
|I |Public transport sub-project | | | | |
|1 |Bus priority corridor |Χ |Χ |√ | |
|2 |Xianshan Bus Maintenance Station |√ |Χ |√ | |
|3 |Bus Maintenance Station in Xiangyang Economic |Χ |Χ |√ | |
| |Development Zone | | | | |
|4 |Renovation of bus terminal at railway station |Χ |Χ |√ | |
|5 |Public transport intelligent dispatching |Χ |Χ |√ | |
|6 |Bus bays |Χ |Χ |√ | |
|II |Urban Roads sub-project | | | | |
|1 |Xingguang Avenue |√ |√ |√ | |
|2 |Jianghua Road |√ |√ |√ | |
|3 |Xiangyang Road |√ |√ |√ | |
|4 |Zhakou 2nd Road |√ |√ |√ | |
|5 |Panggong Road |√ |√ | |√ |
|6 |Planned 13th Road |√ |√ | |√ |
|7 |Eastern section of south line of Inner Ring Road |√ |Χ |√ | |
|III |Traffic management sub-project |Χ |Χ |√ | |
|IV |Institutional development and capacity building |Χ |Χ |√ | |
| |sub-project | | | | |
|V |Related project (Western section of south line of |√ |√ |√ | |
| |Inner Ring Road) | | | | |
Information source: Feasibility Study Report for Road Network Perfection Sub-project under the World Bank Financed Xiangyang Urban Transport Project, Feasibility Study Report for Public Transport Sub-project under the World Bank Financed Xiangyang Urban Transport Project, from Central and Southern China Municipal Engineering Design & Research Institute, October 2011.
1.2 Basic information about project area
1.2.1 Basic information about Xiangyang City
The World Bank Financed Xiangyang Urban Transport Project will build strong transport system in Xiangyang, meet the ever-increasing traffic demand, alleviate traffic jams in central town, ease the traffic pressure of crossing the river, enhance the transport links between central town and peripheral groups, guide the coordinated utilization of urban land, further optimize the urban traffic network, bring the role of completed projects or those under construction into full play, and further improve management level. Therefore, the whole Xiangyang City will benefit from this project.
Xiangyang City is located at the central area of the hinterland of China. Xiangyang has possessed obvious advantages in geographical location. Xiangyang is within 1,000km away from Zhengzhou, Xi’an, Chongqing and Chengdu, and it is the center of “Y”-shape traffic network of Central, Northwest and Southwest China and the key transport hub.
Xiangyang City consists of Xiangcheng District, Fancheng District and Xiangzhou District, covering a total area of 19,700 km2, with population of 5.8888 million, including 116 km2 of city center and 1.203 million people there. The economic scale of the city center ranks the second in Hubei Province, and the economy of the whole city ranks third in Hubei Province.
Xiangyang City is one of the traditional industrial bases of Hubei, and it has developed an industrial system with automobile, textile and electric power as its pillar industries. Xiangyang is also an agricultural city and one of the ten major producing areas of summer grains in the country, as well as the second largest production base of grain, cotton and oil in Hubei. Xiangyang City is one of the 36 star industrial cities across the county, a city concentrated with third-line military industrial enterprises and institutions, with gross industrial output ranking the second in the province, only next to Wuhan City; the textile industry of this city ranks among 39 key textile cities across the country. The whole city has developed an industrial system with light industry, textile, machinery, automobile, electronics, medicine, building materials, chemical industry and food as pillar industries.
1.2.2 Basic information about Panggong Subdistrict
This project is located at Panggong Subdistrict in Xiangcheng District. This area is in the eastern part of Xiangcheng District. The area is adjacent to Ancient Xiangyang Town in the west, facing Fancheng Town across the river in the north and facing Yuliangzhou and Dongjin Group in the east. It is just at the intersection of main development vein, and it is the key area to implement the urban space development strategy.
Panggong Subdistrict is located at the first terrace of Han River, with maximum width of about 3.5km from west to east and maximum length of about 5.5km from north to south. The terrain of this area is higher in the west and lower in the east, and higher in the north and lower in the south. The terrain elevation is between 63m and 68m, generally around 64~67m, very flat. The middle and eastern part of this area is mainly farmland and vegetable plot, covered with a large number of irrigation canals. There are some ponds in the low-lying area of the southern part of this area, and flood control dam has been built along the bank of this area.
Panggong Subdistrict is currently under the administration of Panggong Office. This area consists of 9 villages, including Panggong Temple, Wangjiawa, Tujiaxiang, Hongmiao, Hexin, Sunjiaxiang, Yangjiahe, Shijiamiao and Guanyinge Villages. There are 62 village groups in this area, 4702 households, 14,469 persons, with total building area of 1.70km2.
The western and northern part of this area around the ancient Xiangyang Town has been gradually urbanized, scattered by administrative, educational, industrial and warehousing enterprises or institutions, including over 20 industrial enterprises. All these enterprises are Class II and III industrial enterprises, most of them have poor business performance, and some of these enterprises have gone bankrupt.
1.3 Affected area of this project
Apart from the Bus Maintenance Station in Xiangyang Economic Development Zone under the public transport sub-project, all the sub-projects that involve land acquisition and house demolition are concentrated in Panggong Subdistrict Office in Xiangcheng District.
With respect to urban roads sub-project, Xingguang Avenue involves 3 villages or neighborhood committees(NCs) in Wangjiawa, Hongmiao and Yangjiahe; Jianghua Road involves 2 villages in Hongmiao and Hexin; Xiangyang Road involves 2 Village or NC in Shijiamiao and Yangjiahe; Zhakou 2nd Road involves Shijiamiao neighborhood committee.
With respect to public transport sub-project, the land of Bus Maintenance Station in Xiangyang Economic Development Zone has already been owned by the municipal bus company. Xianshan Bus Maintenance Station involves Shijiamiao neighborhood committee.
See Table 1-3 for the affected areas by resettlement involved in Xiangyang Urban Transport Project.
Table 1-3 Affected areas by resettlement involved in Xiangyang Urban Transport Project
|No. |Sub-project |Village or NC |
|I |Public transport sub-project | |
|1 |Xianshan Bus Maintenance Station |Shijiamiao |
|II |Road network perfection sub-project | |
|1 |Xingguang Avenue |Wangjiawa, Hongmiao and Yangjiahe |
|2 |Jianghua Road |Hongmiao and Hexin |
|3 |Xiangyang Road |Shijiamiao and Yangjiahe |
|4 |Zhakou 2nd Road |Shijiamiao |
1.4 Measures to alleviate the impact of resettlement
Resettlement work has been regarded as the most focused concern of Xiangyang Urban Transport Project in both project planning and implementation stages. The resettlement caused by this project has been minimized based on the combined factors, including construction cost, social effects and environmental effects of this project.
1.4.1 Measures taken during the stage of project design
During the project planning and design stage, in order to reduce the impact of project construction on the local society and economy, the resettlement office of Xiangyang Urban Transport Project has held joint meetings with consulting agencies and design units for several times, and made coordinated effects to optimize the project design and minimize the social and economic impact of resettlement work.
During communication and consultation process, the Central and Southern China Municipal Engineering Design & Research Institute that is responsible for design, the Fourth Survey and Design Institute of China Railways (CRFSDI) that is responsible for evaluating environmental impact, Center for Involuntary Resettlement Research of Wuhan University that is responsible for resettlement consultation, and expert group that is responsible for public engagement and opinion collection, have given their opinions on project optimization from different perspectives. These opinions are finally summarized and sorted out by the Central and Southern China Municipal Engineering Design & Research Institute, and submitted to the project office. During the project design stage, the final principles for optimizing the project and reducing the impact of resettlement are as follows:
1. Select optimal plan, give much attention to the impact of project construction on the local society and economy, occupy idle land when necessary and reduce the acquisition of cultivated land;
2. Minimize the quantities of house demolition, and take it as a key factor for the selection of optimal plan. Meanwhile, reserve reasonable space for the linkage between this project and other municipal facilities;
3. When comparing different design schemes, give full consideration to the factors behind land acquisition and house demolition, and minimize the quantities of land acquisition and house demolition.
Meanwhile, design unit has defined the following principles for location selection of bus stations:
1) The construction of bus maintenance station should be incorporated into the urban construction plan. The location of station should be reserved to avoid the impact of land acquisition and house demolition. Occupy idle land when necessary, and demolish the area with small density of buildings and fewer affected population.
2) The design of bus bays should be optimized according to the existing road facilities to avoid any land acquisition and house demolition.
Under the above principles, 2~3 location schemes have been formulated for each bus maintenance station, and submitted to resettlement department and environmental evaluation department for field investigation. After collecting opinions from different departments for comprehensive evaluation, the location scheme has been finalized.
[pic]
Fig. 1-1 Working staff from different departments conduct field investigation and discuss the optimal scheme
|Block diagram 1 A case of alleviating the impact of resettlement in Xingguang Avenue through the consulation of multiple |
|departments |
|Xingguang Avenue is a trunk road to be built in this project, and the main area along the road has been reserved and |
|controlled. In April 2010, according to the road construction scheme provided by planning department, the working staff from |
|Resettlement Office of Xiangyang Urban Transport Project, the Fourth Survey and Design Institute of China Railways (CRFSDI) |
|that is responsible for evaluating environmental impact, and Center for Involuntary Resettlement Research of Wuhan University |
|that is responsible for resettlement consultation, have conducted a field investigation in this area together. |
|Resettlement personnel have found out that, although the road route is generally along the reserved corridor, it still |
|involves several high buildings in several places. |
|At the dormitory area of Xiangfan Synthetic Fibre Plant, the orginal route involves 4 buildings with 5~6 storeys, and each |
|building is only 2 meters within red line. According to the orginal scheme, at least 50 households need to be relocated, with |
|a demolition area of 4,500 m2. |
|At the Xiangfan Meteorological Bureau, the orginal red line goes just 1 meter deep into the office building. If the orginal |
|scheme is implemented, another building area of about 3,000m2 would be demolished. |
|At Wangjiawa Primary School, the orginal red line runs across the playground beyond the fence, and goes 1~2 meters into the |
|main teaching building. This would result in the demolition of the whole teaching building and involve building area of about |
|3,500 m2. |
|Based on the field investigation, the working staff from Resettlement Office of Xiangyang Urban Transport Project and |
|resettlement consulting agency has taken the chance to communicate and negotiate with these affected units. In particular, at |
|Wangjiawa Primary School, after consulting with teachers and principals of this school, the final solution is to properly |
|adjust the route of the road and arrange the route along the west side of the fence along the playground, so as to avoid the |
|demolition of the main teaching building. Meanwhile, new gate and new playground will be built on the east side of the fence |
|in the future. This plan has not only avoided major changes of the existing plan, but also avoided the demolition of the |
|school. |
|After the gaining the first-hand information, Resettlement Office of Xiangyang Urban Transport Project discussed the route |
|optimization of Xingguang Avenue along with design department and environmental evaluation department. Finally, the route has |
|been shifted 2~3 meters westward. The optimized plan has reduced the relocation of 45 households and demolition area of 9,000 |
|m2. |
|[pic] |
|Fig. 1-2 Wangjiawa Primary School partly affected by this project |
|Illustration: the middle is the playground of Wangjiawa Primary School, the right side within the fence is the teaching |
|building that has escaped demolition after plan optimization, and the remote building with a white ball on the top is the |
|building of Meteorological Bureau that has escaped demolition after plan optimization. |
1.4.2 Measures during the implementing stage of land acquisition and house demolition
● Collect basic information, conduct in-depth analysis on the local social and economic status and future development, formulate feasible “Resettlement Action Plan” according to the practical situation, and make maximum efforts to avoid any loss of affected population.
● Encourage public engagement and listen to the opinions and suggestions of affected population.
● Enhance internal and external monitoring, establish efficient and open feedback mechanism and channel, shorten the information processing cycle, and ensure the timely settlement of various problems occurred during the project implementation. Give advance notice to a part of affected population, arrange relocated site, give compensation for the loss, shorten idling period and reduce business loss.
● During relocation process, ensure that the relocated residents and enterprises can gain the support of local related functional departments, so as to ensure the smooth progress of resettlement work and reduce the loss.
1.4.3 Measures taken during the construction period of the project
The following measures will be taken during the construction period of this project, so as to minimize the adverse impact on the affected population:
● Reasonably arrange construction plan and traffic scheme, and minimize the adverse impact of road construction on the surrounding environment and traffic order. When laying the pipeline, take various influence factors into consideration, complete excavation, pipe laying and backfilling within the shortest possible time. On roads with heavy traffic, avoid construction at peak time (e.g. night construction, to ensure smooth traffic at daytime). Forbid brutal construction, avoid any damage to the orginal pipeline, set up warning signs, warning lamp and guiding marks to facilitate the traffic. Upon the completion of construction, clean up the site in time and open up for the traffic.
● Transport the discarded soil of the project in time, avoid overloading during the shipment, take measures to avoid any spill of the soil along the way, wash the wheel by high pressure water before the vehicle pulls out, so as to prevent the discarded soil from staining the ground and affecting the clean environment. Meanwhile, keep the road in front of construction site clean, and clean up any discarded soil in time.
● Within 200m from the residential area, avoid construction from 10 p.m. to 8 a.m. on the next day. Meanwhile, construction unit should give priority to low-noise construction machinery. With respect to night construction that affects acoustic environment of surrounding residents, the noise of construction machinery should be eliminated or controlled, and temporary sound barrier should be set up around the construction site or at the residential area, so as to ensure the quality of acoustic environment in the residential area.
● The construction unit should contact the local sanitation department in time, and dispose the garbage on the construction site in time, so as to ensure the clean environment at the construction area.
1.5 Preparation and progress of the Project
May 31, 2011 is the deadline for the preparation stage of resettlement work involved in each sub-project of Xiangyang Urban Transport Project. The status quo on the deadline will be taken as the basis of resettlement survey. The Resettlement Action Plan of Xiangyang Urban Transport Project is prepared based on the basic data from field investigation in affected area, socio economic survey on the affected population and feasibility study. The feasibility study for Xiangyang Urban Transport Project has been completed in June, 2011. It is expected to be evaluated by the World Bank in November 2011. Agreement is expected to be signed with the World Bank in 2012. And then the project will be officially launched.
1.6 Project Owner
The project owner is Xiangyang Construction Investment Management Co., Ltd.
1.7 Project construction and implementation
See Table 1-4 for the preparation and implementation schedule of the project.
Table 1-4 Preparation and implementation schedule of this project
|Item |Time |
|Completion of project proposal |April, 2011 |
|Completion of feasibility study report |November, 2011 |
|Evaluation and approval |November, 2011 |
|Completion of preliminary design |November, 2011 |
|Design of construction drawings |December, 2011 |
|Project implementation |From January 2012 to December 2016 |
1.8 Land use and acquisition permit
See Table 1-5 for the schedule for land use and acquisition permit.
Table 1-5 Schedule for land use and acquisition permit
|Item |Time |Approved by |
|Project approval and initiation |November 2011 |Hubei Development and Reform Commission |
|Pre-trial of construction land |October 2011 |The Department of Land and Resource of |
| | |Hubei Province |
|Resettlement Action Plan |November 2011 |The People’s Government of Xiang Yang |
1.9 Laws and regulations concerning compensation rates
Based on thorough and careful investigation, this Resettlement Action Plan is prepared by the resettlement office of Xiangyang Urban Transport Project after full consultation with affected villages, households and units under the administration of Panggong Subdistrict Office in Xiangyang City, and all the resettlement policies have been approved by relevant government departments of Xiangyang City. After this Resettlement Action Plan is evaluated and approved by the World Bank and the People’s Government of Xiang Yang, all the policies and standards included in this plan will be strictly followed during the implementation stage. The People’s Government of Xiang Yang makes the following commitment that, all the policies and standards included in this Resettlement Action Plan will comply with the involuntary resettlement policy of the World Bank, conform to the relevant regulations of the People’s Republic of China and Hubei Province, and consistent with the relevant local policies and standards in Xiangyang City. If the People’s Government of Xiang Yang unveils new preferential resettlement policies during the implementing process of this project, the new resettlement policies will be implemented with the approval from the World Bank.
2. Analysis on the Project Impact
2.1 Definition of project impact
In this project, the scope of field investigation is the actual land area for road planning confirmed by design unit of this project. The deadline for confirming the actual impact of this project is May 31, 2011 when the field investigation is started. Since this project is still in the process of optimized design during the field investigation on resettlement work, the design unit may optimize the design of the road route, and adjust the quantities of land acquisition and house demolition. The project resettlement office will take the final data as the basis of resettlement work.
The project impact is defined as follows:
(1) Permanent land acquisition: all types of cultivated land and noncultivated land, vegetable fields and fish ponds that are within the land area of this project and need to be permanently requisitioned. Noncultivated land mainly includes wasteland and land for construction.
(2) Temporary land acquisition: all types of land that needs to be temporarily occupied during the construction period and will be recovered after the construction.
(3) Demolished building: all the buildings within the land area of this project, mainly including frame structure housing, brick-concrete housing, wood-brick housing and simple houses.
(4) Attachments to the land: attachments to the land within the land area of this project, mainly including fence, well, fruit trees and cement floor.
(5) Affected public utilities: public utilities and public facilities within the affected area of this project.
(6) Affected households: households whose land, housing or attachments to the land are within the land area of this project or the affected area of this project.
(7) Affected community: communities of which the land, building or attachments to the land are within the land area of this project or the affected area of this project.
(8) Affected enterprises and public institutions: enterprises and public institutions of which the land, building or attachments to the land are within the land area of this project or the affected area of this project.
(9) Affected population: family members of affected households and personnel of affected enterprises and public institutions.
(10) Affected labor force: labor of the affected stores, enterprises or units, or labor engaged in agricultural production on the expropriated land.
(11) Affected lessee: all the people who are renting the affected housing for residence or business activities according to the contract.
(12) Vulnerable groups: vulnerable and disadvantaged groups due to lack of social security, disability and poverty, etc. Vulnerable groups mainly include the following types of people: lonely elderly people, single-mother families, orphans, families receiving the subsistence allowances and disabled people, etc.
2.2 Survey on the project impact
From May to July of 2011, with the assistance of the Central and Southern China Municipal Engineering Design & Research Institute, working staff of the Resettlement Office of Xiangyang Urban Transport Project, Center for Involuntary Resettlement Research of Wuhan University and neighborhood committees within the affected area of each sub-project, conducted resettlement survey in the affected areas of these sub-projects. The resettlement survey consists of two parts: one part is the survey on land acquisition and house demolition involved in the project, and the other part is socio economic survey on the affected population and units.
The content of resettlement survey consists of three parts:
1. Literature survey
a. Social and economic statistical data in the project area and Xiangyang City;
b. Relevant local laws, regulations and policies of the state, Hubei Province and Xiangyang City, and resettlement policies of similar projects in Xiangyang City in recent years
2. Survey on social and economic data
a. Basic information about the affected families and vulnerable families;
b. Public opinions and suggestions;
c. Basic information about the affected villages: population, labor force, industrial structure and cultivated land, etc.
3. Survey on land acquisition and house demolition
a. Land acquisition: location, type of land and land area;
B. Demolished housing and other attachments to the land: location, type, quantity and ownership;
c. Type and quantity of public utilities;
d. Basic information of affected enterprises and public institutions
[pic]
Fig. 3 Resettlement personnel get information from peasants
[pic]
Fig. 4 Resettlement personnel measure the building area on site
[pic]
Fig. 5 Working staff and affected population check the attachments to the land together
This survey has collected the information about project impact on 272 affected households, 27 affected enterprises and public institutions and 29 stores. Sample survey has been conducted on 87 households, in an effort to get the basic information about the financial status of these families, solicit resettlement willingness and suggestions, grasp the basic information about the project impact, and provide original data for the compilation of Resettlement Action Plan. Meanwhile, this survey has also collected the social and economic statistical data of the affected area in recent years, policies and local regulations concerning land acquisition and house demolition in the affected area, cases regarding land acquisition and house demolition in recent years, transaction information of newly-built real estate and second-hand houses in Xiangyang City, and construction and supply of economically affordable houses in Xiangyang City. These survey data has provided reference for the formulation of compensation policies.
2.3 Overview of project impact
According to the statistics of resettlement survey jointly conducted by the Resettlement Office of Xiangyang Urban Transport Project and Center for Involuntary Resettlement Research of Wuhan University, the basic data concerning land acquisition and house demolition involved in this project is as follows:
Affected administrative units: two affected districts in Xiangyang City, i.e. Xiangcheng District where the road network perfection sub-project and Xianshan Bus Maintenance Station are located which involve 5 villages or NCs under Panggong Subdistrict Office, and Xiangzhou District where the Bus Maintenance Station in Xiangyang Economic Development Zone is located.
House demolition:
Total demolished area: 132,440.69m2
272 households affected by house demolition, 1,133 affected people, demolished area of private housing: 88,449.84 m2
27 affected enterprises and public institutions, with demolished area of 40,976.16 m2
29 affected stores, 110 affected employees, with demolished area of 3,014.69 m2
Land acquisition:
Total expropriated land: 1,084.08mu, including 1,006.01mu expropriated land for road network perfection sub-project and 78.07mu expropriated land for public transport sub-project.
Among 1,006.01 expropriated lands for road network perfection sub-project, 866.14mu are collectively owned land, including 356.63mu cultivated land and 509.51mu non-cultivated land. Road network perfection sub-project has requisitioned 139.87mu state-owned land for construction purposes.
Public transport sub-project has requisitioned 31.96mu collectively owned land and 46.11mu state-owned land.
The requisitioned cultivated land involves 980 households and 3,671 affected people.
See Table 2-1 for overall situation of land acquisition and house demolition involved in this project.
Table 2-1 Quantities of land acquisition and house demolition involved in Xiangyang Urban Transport Project
| |Requisitioned |Requisitioned |Demolished area|Affected |Affected stores |Affected households and people |
|Item |state-owned land |collectively owned|(m2) |enterprises and| | |
| |(mu) |land (mu) | |public | | |
| | | | |institutions | | |
| | | | | |Number |Employees | |
|I. Public transport |46.11 |31.96 |0 |
|sub-project | | | |
|Xingguang Avenue |157.06 |210.17 |367.23 |
|Jianghua Road |79.13 |118.68 |197.81 |
|Xiangyang Road |76.33 |114.49 |190.82 |
|Zhakou 2nd Road |44.11 |66.17 |110.28 |
|Xianshan Bus |31.96 |0 |31.96 |
|Maintenance Station | | | |
|Total |388.59 |509.51 |898.10 |
This project is located at the suburban area of Xiangyang City, so the requisitioned collective-owned land has the following characteristics:
1. The requisitioned collective-owned lands are mainly vegetable field, housing site, village collective-owned land for construction purpose, roads and other unused land.
2. Since the affected villages are close to the urban area, due to the special location of these villages and frequent land acquisition for urban construction or other reasons, the per capita cultivated land area is below 0.5mu, and the income from planting just accounts a small part of the whole income of the households
3. The requisitioned land for road network construction passes through the vegetable field of affected families in linear way. Generally, land acquisition involves a large number of households, but the requisitioned vegetable field per household is only below 0.5mu. According to the survey, this project requisitioned 388.59mu vegetable field, involved 890 households, with 0.44mu expropriated land per household.
2.4.2 Requisitioned state-owned land
This project has requisitioned 185.98mu state-owned land for construction purpose in Xingguang Avenue, Zhakou No.2 Road, Xiangyang Road and Bus Maintenance Station in Xiangyang Economic Development Zone. See Table 2-3 for the quantities of requisitioned state-owned land and land status in each sub-project.
Table 2-3 Quantities of requisitioned state-owned land and land status
|Sub-project |Requisitioned |Current status of expropriated land |
| |state-owned land (mu) | |
|Xingguang Avenue |2.67 |Fences and gate houses of Dormitory of Xiangfan fiber factory, |
| | |Longzhong Pharmaceutical Factory, and Lifang Power Electronics Co., |
| | |Ltd. |
|Xiangyang Road |2.2 |Fence and gate house of State Grain Reserves Xiangfan Depot |
|Zhakou No.2 Road |135 |Current Zhakou No.2 Road and some land requisitioned from public |
| | |institutions on both sides |
|Bus Maintenance Station in |46.11 |Land requisitioned by the municipal bus company |
|Xiangyang Economic Development| | |
|Zone | | |
|Total |185.98 | |
2.5 House demolition involved in the project
According to resettlement survey, Xiangyang Urban Transport Project needs to demolish a building area of 132,440.69m2 in total. These buildings include: 1) private houses of 88,449.84m2; 2) buildings of enterprises and public institutions with a demolished area of 40,976.15 m2; 3) various kinds of stores with a demolished area of 3,014.69 m2. See Table 2-4 for demolished area of affected groups.
Table 2-4 Demolished area of Xiangyang Urban Transport Project (m2)
|Sub-project |Residence |Enterprises and public |Stores |Total |
| | |institutions | | |
|Xingguang Avenue |22133.57 |5776.98 |207 |28117.55 |
|Jianghua Road |13876.35 |7597.25 |0 |21473.61 |
|Xiangyang Road |25075.29 |5834.29 |1253.69 |32163.27 |
|Zhakou No.2 Road |27364.63 |21767.63 |1554 |50686.26 |
|Total |88449.84 |40976.15 |3014.69 |132440.69 |
With respect to the structure of demolished buildings, the demolished area of brick-concrete houses is 93,150.91 m2; the demolished area of wood-brick houses is 23,833.98 m2; the demolished area of simple houses is 9,040.69 m2; the demolished area of thermal shield is 6,415.11 m2. See Table 2-6 for detailed information about these buildings. Judging from the land property of demolished buildings, 20,287.87 m2 demolished area is on the state-owned land, and 112,152.8 m2 demolished area is on the collective-owned land.
Table 2-5 Classfication of demolished buildings in Xiangyang Urban Transport Project (m2)
| |Brick-concrete |Wood-brick |Thermal shield |Simple |Total |
|Private house |67944.91 |13953.79 |6301.36 |249.78 |88449.84 |
|Enterprises and public |22926 |9145.5 |113.75 |8790.91 |40976.16 |
|institutions | | | | | |
|Stores |2280 |734.69 |0 |0 |3014.69 |
|Total |93150.91 |23833.98 |6415.11 |9040.69 |132440.69 |
2.5.1 Demolished private houses
According to the survey, Xiangyang Urban Transport Project needs to demolish private houses of 88,449.84m2 in total, involve 272 households and 1,133 people. See Table 2-6 for relocated households and structure of demolished houses in each sub-project.
Table 2-6 Types and area of demolished private houses
|Sub-project | |Population |Area (m2) |
| |Households | | |
| | | |Brick –concrete |
|1 |Maji Grain Store |18 |1 |
|2 |Zhenfa Driving School Agency |18 |1 |
|3 |Small kitchen of Jianpuzhai Restaurant |36 |3 |
|4 |Chengxin Supermarket |55 |2 |
|5 |China’s Best Walnut Cake |20 |2 |
|6 |Wangying Clinic |20 |1 |
|7 |Stainless Steel Alloy |20 |1 |
|8 |Wenzhou Gulixiang Delicatessen Shop |20 |2 |
|9 |Yangjiahe Comprehensive Services |94.6 |6 |
|10 |Milk Store |595.42 |7 |
|11 |Yangkerong’s store |563.67 |8 |
|12 |Jiawanfu Supermarket |840 |30 |
|13 |Shuaishuai Fabrics |42 |2 |
|14 |Home Appliance Store |42 |2 |
|15 |Linglong Hair Design |42 |5 |
|16 |Jiajia Glass Decoration Store |42 |2 |
|17 |Tiantian Park Mall |42 |3 |
|18 |Cellphone Repairs |42 |2 |
|19 |One-stop Fabrics |42 |3 |
|20 |Xueyalan Woman Skin-care |42 |3 |
|21 |Jinniu Piping |42 |2 |
|22 |Korean Wave Hair Styling |42 |5 |
|23 |Humingzhu’s Clinic |42 |2 |
|24 |Wisdom Massage Center |42 |3 |
|25 |Yimen Decoration |42 |2 |
|26 |Yiding Craft |42 |2 |
|27 |Shroud and Wreaths |42 |2 |
|28 |Xiaji Decoration |42 |3 |
|29 |New Fashion Decoration |42 |3 |
|Total |3014.69 |110 |
2.5.4 Affected attachments
The affected attachments in Xiangyang Urban Transport Project mainly include: well, cement floor, fixed phone, air-conditioner, solar water heater, broadband network and trees, etc.
Table 2-9 Affected attachments in Xiangyang Urban Transport Project
|Attachments |Unit |Quantity |
|Well |Number |183 |
|Septic tank |Number |16 |
|Timber |Number |617 |
|Fruit tree |Number |203 |
|Shed |m2 |2280.81 |
|Cement floor |m2 |6804.36 |
|Solar water heater |Number |24 |
|Air-conditioner |Set |58 |
|Fixed phone |Set |78 |
|Cable TV |Cable |152 |
|Broadband |Line |11 |
|Toilet |Number |25 |
2.6 Affected vulnerable group
2.6.1 Identification of affected vulnerable group
Vulnerable group refers to the group of people who are the most vulnerable and incapable of adapting to the project construction. Vulnerable group mainly includes the following types:
● Lonely elderly people: elderly people who are over 65 years old, single, without legal dependents.
● Single-parent family: the householder is single and has minor child.
● Orphan: children under 16 years old without parents.
● Poor families: urban households holding the certificate for receiving the minimum living allowance in Xiangyang, and the rural families that have been confirmed as impoverished households.
● Disabled people: those people whose psychological or physiological structure has lost the normal functions, completely or partly lost the ability to engage in normal activities.
● Families with other difficulties
Vulnerable groups will be identified according to relevant policies, regulations and field survey. In this project, the resettlement office will confirm the vulnerable groups through household survey, neighborhood visit and village or NCs.
2.6.2 Affected vulnerable families
According to the survey, among the affected population of this project, 7 households belong to vulnerable groups, with 24 people in total. See Table 2-10 for the family list of vulnerable groups affected by the project.
Table 2-10 Affected vulnerable families
|Name |Family size |Description of difficult situation |
|Li Xinhua |5 |Receiving minimum living allowance |
|Shen Yizhen |6 |Receiving minimum living allowance |
|Liu Lianzhen |5 |Receiving minimum living allowance |
|Fan Keyou |3 |Receiving minimum living allowance |
|Wang Shihai |1 |Lonely elderly people, receiving minimum living allowance |
|Wang Xinru |1 |Lonely elderly people, receiving minimum living allowance |
|Zhang Shuiquan |3 |Disabled people, receiving minimum living allowance |
2.7 Affected infrastructure
This project has only affected a small scale of infrastructures, including low-voltage electric poles, transformers and irrigation channels, etc. According to field survey, this project needs to relocate 124 electric poles of 380V, 6 transformers and 600m irrigation channels.
3. Socio-economic Survey on the Affected Area of This Project
3.1 Social and economic situation of affected area
In 2010, the GDP of Xiangyang City has reached RMB 153.83 billion Yuan, the total output value of industrial enterprises above designated size has amounted to RMB 230 billion Yuan, local fiscal revenue has reached RMB 14.1 billion Yuan, and general budget revenue has amounted to RMB 5.1 billion Yuan. Gross industrial output value, total fiscal revenue, gross agricultural output value and gross retail sales of consumer goods have ranked the second in Hubei Province. See Table 3-1 for main indicators of Xiangyang’s economy.
Table 3-1 Main indicators of Xiangyang’s economy
|Year |GDP |Primary industry |Secondary industry |Tertiary industry |
| |(100 million Yuan) |(100 million Yuan) |(100 million Yuan) |(100 million Yuan) |
|2000 |415.29 |97.19 |197.04 |121.06 |
|2001 |450 |102 |216 |132 |
|2002 |456.62 |103.5 |207.9 |145.2 |
|2003 |503.31 |106.89 |234.08 |162.34 |
|2004 |557.88 |117.2 |259 |181.67 |
|2005 |601.54 |121.91 |261.12 |218.51 |
|2006 |675.18 |126.43 |290.73 |258.02 |
|2007 |785.45 |140.03 |342.43 |302.99 |
|2008 |1002.46 |175.6 |450.92 |375.94 |
|2009 |1201.01 |200.21 |575.32 |425.48 |
|2010 |1538.3 |234.7 |798.2 |505.4 |
3.2 Basic information about affected subdistricts and villages
Except for the requisitioned state-owned land for Bus Maintenance Station in Xiangyang Economic Development Zone, the main affected areas of this project are under the administration of Panggong Subdistrict Office, Xiangcheng District, Xiangyang City. As a suburban area close to the urban area, the production and lifestyle of local residents have been closely connected with that of Xiangyang citizens. Except for small vegetable fields for self-sufficiency, the main income source of local residents is non-agricultural industries. According to the survey on neighborhood committees, over 80% of family income comes from non-agricultural business. Meanwhile, these villages or NCs neighborhood committees have some economic entities with stable revenue, e.g. house rent, vegetable wholesale market and small commodity market. See Table 3-2 for the basic information about Panggong Sub-district and several affected villages in 2010.
Table 3-2 Social and economic situation of Panggong Sub-district and affected villages or NCs in 2010
|Indicators |Hongmiao |Wangjiawa |Hexin |Yangjiahe |Shijiamiao |Panggong |
| | | | | | |Sub-district |
|Households |342 |596 |537 |550 |551 |4674 |
|Population |1171 |1631 |1362 |1535 |1104 |12125 |
|Cultivated land (mu) |478 |756 |1340 |1036 |1227 |8592 |
|Employees |673 |1432 |704 |579 |6555 |6873 |
|Local employees |21 |177 |324 |48 |375 |2186 |
|Labor working elsewhere |652 |1255 |380 |531 |280 |4687 |
|Per capita income (Yuan) |7318 |8632 |5414 |6376 |6027 |6488 |
3.3 Basic information about affected households
In order to gain deep insights into the basic information about affected families and provide reference for formulating reasonable resettlement plan, during the resettlement survey, sample survey has been conducted on the affected households, questionnaires on family situation have been filled out, and 87 valid questionnaires have been collected. See Table 3-3 for the basic features of respondents.
Table 3-3 Basic features of affected population in Xiangyang Urban Transport Project
|Demographic features |Number |Proportion (%) |
|Households |87 | |
|Persons |365 | |
|Sex | | |
|Male |185 |50.68 |
|Female |180 |49.32 |
|Total |365 |100.00 |
|Age | | |
|0-14 |68 |18.67 |
|15-60 |249 |68.09 |
|60+ |48 |13.24 |
|Total |365 |100 |
|Average age | |36.56 |
|Nationality | | |
|Han |361 |98.90 |
|Others |4 |1.10 |
|Total |365 |100.00 |
|Educational background | | |
|Illiterate |27 |7.40 |
|Primary school |61 |16.71 |
|Junior high school |187 |51.23 |
|High school |55 |15.07 |
|College degree or above |35 |9.59 |
|Total |365 |100.00 |
|Marital status | | |
|Unmarried |74 |20.27 |
|Married |267 |73.15 |
|Widowed |15 |4.11 |
|Divorced |1 |0.27 |
|Others |8 |2.19 |
|Total |365 |100.00 |
|Occupation | | |
|Agriculture |25 |16.34 |
|Building industry |20 |13.07 |
|Manufacturing industry |13 |8.50 |
|Service industry |54 |35.29 |
|Others |40 |26.14 |
|Total |153 |100.00 |
|Unemployed population | | |
|Students |11 |16.67 |
|Housekeeper |31 |46.97 |
|Idle people |8 |12.12 |
|Retired people |2 |3.03 |
|People who lost the ability to work |5 |7.58 |
|Others |9 |13.64 |
|Total |66 |100.00 |
In order to know about the housing conditions of affected families, this survey has collected some information about the housing types and construction time of affected families. According to the survey, among the relocated families, 5.7% live in single-storey houses, and 94.3% live in multi-storey houses. In terms of building structure, 92% are brick-concrete structure, 6% are wood-brick structure, and only 2% are simple houses. In terms of construction time, 19% of these houses are built in recent 5 years, 32% were built 5~10 years ago, 40% were built 10~20 years ago, and 9% were built over 20 years ago.
With respect to the employment status of affected households, 35% labor are engaged in service industry, 8.5% and 13.7% labor are engaged in manufacturing and building industry respectively. Although the affected families are in rural areas, only 16.34% labors are engaged in agricultural industry.
[pic]
I：Agriculture; II：Building industry; III：Manufacturing IV：Service industry; V：Others
Fig. 3-1 Distribution of employment sectors of affected families
This employment structure has determined the basic pattern of income source of affected households. According to the survey, the primary income sources of affected families are commerce and catering service industry, accounting for 32.46%, followed by building industry. The income from agricultural production only accounts for 16.27% among the investigated families.
[pic]
I：Agriculture; II：Building industry; III：Transportation; IV：Manufacturing V：Commerce and catering service VI：Other service industries
Fig. 3-2 Structure of income source of affected families
3.4 Impact on minority groups and social gender
According to the census data provided by Xiangyang Statistical Bureau, the whole Xiangyang City has Han, Man, Hui and Meng Nationalities. Among these nationalities, Han Nationality accounts for over 99%. According to the socio-economic survey, 98.90％ affected people belong to Han Nationality. Meanwhile, minority community has not been found within the affected area of Xiangyang Urban Transport Project. Therefore, the impact on minority groups can be neglected in this project.
Although Panggong Sub-district is in the suburban area, this subdistrict is still in the closed state due to its special geographical position and transportation conditions. Most young men have gone out for jobs, leaving women and elderly people in the village. This project will have obvious positive impact on women in this area:
With respect to the resettlement caused by the project, residents can enjoy better housing conditions in the centralized resettlement sites. In particular, the sanitation situation, community service and public utilities will be dramatically improved. As for women who frequently do the housework, the improved housing condition and environment will reduce their burden and improve their life quality.
This project will dramatically improve the transportation conditions in Panggong Sub-district and Xiangyang City as a whole, bring about enormous development opportunities to Panggong Sub-district, increase the opportunities for women to participate in social activates and look for jobs, and thereby improve women’s family and social status.
4. Laws, Regulations and Policies
The resettlement work involved in Xiangyang Urban Transport Project will strictly follow the relevant laws, regulations and policies of the People’s Republic of China, Hubei Province and Xiangyang City. Meanwhile, the planning and implementation of resettlement work will fully comply with involuntary resettlement policies of the World Bank.
4.1 Major laws, regulations and policies for resettlement work
4.1.1 Relevant laws and regulation issued by the central government
● The Land Administration Law of the People's Republic of China, coming into force in January 1999 and revised on August 28, 2004;
● Law of the People's Republic of China on Administration of the Urban Real Estate, coming into force on January 1, 1995;
● Regulation on the Expropriation of Buildings on State-owned Land and Compensation, coming into force on January 21, 2011;
● Law of the People's Republic of China on Administration of the Urban Real Estate, coming into force on January 1, 1995;
● Decision on Deepening the Reform and Enforcing the Land Management, issued by the State Council on October 21, 2004;
● Notice on Relevant Issues on Further Strengthening the Land Control, issued by the State Council on August 31, 2006;
● Real Right Law of the People's Republic of China, coming into force on October 1, 2007;
● Regulations of the People’s Republic of China on Open Government Information, coming into force on May 1, 2008;
● Regulation of the State Council on Deepening Reform and Strengthening Land Administration, File No. 28 in 2006;
● Regulation on the Expropriation and Evaluation of Buildings on State-owned Land, coming into force on June 3, 2011.
4.1.2 Regulations and policies issued by the People’s Government of Hubei Province and relevant departments
● Measures for the Implementation of Land Administration in Hubei Province (March 22, 1999);
● Guiding Opinions on Appraisal of Urban House Dismantlement issued by the Ministry of Construction (December 1, 2003);
● Guiding Opinions on Improving Compensation System for Land Acquisition issued by the Ministry of Land and Resources (November 3, 2004);
●Notice on Further Strengthening Management on Land Acquisition and Protecting the Lawful Rights of Expropriated Peasants issued by the People’s Government of Hubei Province (February 27, 2005);
●Notice on Announcing the Standard of Unified Annual Output Value and Integrated Land Price for Expropriated Land in Hubei Province issued by the People’s Government of Hubei Province (December 1, 2009)
4.1.3 Regulations and policies issued by the People’s Government of Xiang Yang and relevant departments
● Notice on Announcing the Standard Urban Land Price (Update in 2006) in Xiangyang City issued by the People’s Government of Xiang Yang (April 28, 2007);
●Provisional Regulations on Compensation for Dismantling Buildings on Collective Land in the Urban Area of Xiangyang City (April 18, 2008);
● Notice on Compensation rates for Dismantling Buildings on Collective Land in the Urban Area of Xiangyang City (April 18, 2008);
● Compensation Measures for Land Acquisition in the Urban Area of Xiangyang City (May 23, 2005);
● Notice on Announcing Building Replacement Value in the Urban Area of Xiangyang City (May 14, 2008);
● Building Management Measures for Residents in the Downtown of Xiangyang City (September 1, 2009)
4.1.4 Involuntary resettlement policies of the World Bank
● World Bank operational policy OP4.12 Involuntary Resettlement and appendixes, coming into force on January 1, 2002;
●World Bank business procedure BP4.12 Involuntary Resettlement and appendixes, coming into force on January 1, 2002
4.2 Abstract of major laws, regulations and policies
4.2.1 Abstract of relevant laws and regulations issued by the State Ministries and Hubei Province
1. Regulations on land ownership and land use right
● The People's Republic of China resorts to a socialist public ownership of land, i.e. an ownership by the whole people and ownerships by collectives. Land in urban districts shall be owned by the State. Land in rural areas and suburban areas of cities excluding those belonging to the state prescribed by law belongs to peasants' collective ownership; house sites, land allotted for personal needs and hilly land allotted for private use belongs to peasants' collective ownership (Article 2 and 8 of The Land Administration Law of the People's Republic of China).
● In order to meet the demands of public interests, it is allowed to requisition lands owned collectively, premises owned by entities and individuals or other realties according to the statutory power limit and procedures. When requisitioning land owned collectively, it is required to, in accordance with law and in full amount, pay land compensation fees, placement subsidies, compensations for the above-ground fixtures of the lands and seedlings and other fees, arrange for social security fees for the farmers with land requisitioned, guarantee their livelihood and protect their lawful rights and interests. When requisitioning the premises owned by entities and individuals or other realties, it is required to compensate for demolishment and relocation in accordance with law and protect the lawful rights and interests of the owners of the requisitioned realties; when requisitioning the individuals' residential houses, it is required to guarantee the housing conditions of the owners of the requisitioned houses (Article 42 of Real Right Law of the People's Republic of China).
2. Regulations on compensation rates for land acquisition
● When expropriating land, compensation shall be made according to the original purposes of the land expropriated. Compensation fees for cultivated land expropriated include land compensation fees, resettlement fees and compensation for attachments to or green crops on the land. The land compensation fees shall be 6-10 times the average output value of the three years preceding the expropriation 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 expropriated by the per capital land occupied of the unit whose land is expropriated. 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 expropriation of the cultivated land. But the maximum resettlement fee per hectare of land expropriated shall not exceed 15 times of the average annual output value of the two years prior to the expropriation (Article 47 of the Land Administration Law of the People's Republic of China).
● The people's governments at and above the county level must take practical measures to ensure the living standards of peasants with land expropriated. Land compensation fees, resettlement fees and compensation for attachments to or green crops on the land should be paid in full amount and in time according to the law. In case the land compensation fees and resettlement fees paid according to the existing law cannot maintain the original living standards of peasants with land expropriated, or pay the social security fees of landless peasants, the governments of the province, autonomous region and centrally administered municipality shall increase resettlement fees. If the legal limit of land compensation fees and resettlement fees still cannot maintain the original living standards of peasants with land expropriated, local governments can subsidize them with income from compensated rights to use state-owned land. The governments of the province, autonomous region and centrally administered municipality shall define and announce the unified annual output value or comprehensive land price for requisitioned land, and unify the compensation rate for requisitioned land. The state key construction projects shall list compensation fund for land acquisition into budget (Article 12 of Regulation of the State Council on Deepening Reform and Strengthening Land Administration).
● The new compensation rate for land acquisition is a comprehensive compensation standard for requisitioning the collective-owned land of peasants, composed of land compensation fees and resettlement fees, excluding compensations for green crops or attachments to the land. In principle, the resettlement fee is compensated at larger times than land compensation fee (Notice on Announcing the Standard of Unified Annual Output Value and Comprehensive Land Price for Expropriated Land in Hubei Province issued by the People’s Government of Hubei Province).
Table 4-1 Comprehensive land price for expropriated land in Xiangyang City stipulated by the People’s Government of Hubei Province
|Grade |Comprehensive land |District |
| |price for | |
| |expropriated land | |
|1 |90,000 |Tanxihu Neighborhood Committee, Shiying Community Committee, Qiaoying Community Committee, Qiqiao |
| | |Community Committee, Honggou Community Committee, Dongtai Community Committee |
|2 |70,000 |Wangjiawa Neighborhood Committee,, Panggongci Community Committee, Yingpan Village, Guanyinge |
| | |Village, Qianjiawa Community Committee, Houjiawa Community Committee, Wangzhai Community Committee|
|3 |50,000 |Hongmiao Village, Hexin, Shijiamiao Neighborhood Committee,,, Yangjiahe, Qianying Village, Shuiwa |
| | |Village, Jiazhou Village, Tujiaxiang Village, Sunjiaxiang Village, Hengzhuang Community Committee,|
| | |Wanghuo Hanwa Community Committee, Shipu East Community Committee, Shipu West Community Committee,|
| | |Shipu Neighborhood Committee, Yugang Neighborhood Committee, Huangjiaju Culture, Dengcheng |
| | |Village, Taiziwan Village |
|4 |36,000 |Huali Mudian Village, Longzhong Neighborhood Committee, Zhaozhuang Village, Zhouying Village, |
| | |Zaolin Village, Hedian Village, Caowan Village, Huanglongguan Village, Zhangqiao Village, Yanghu |
| | |Village, Liangpo Village, Baiwan Village, Caizhuang Village, Shipo Village, Luzhai Village, |
| | |Sunzhuang Village, Shunzhenghe Neighborhood Committee, Tongshudian Village, Qinghedian Village, |
| | |Yedian Village, Mizhuang Neighborhood Committee, Hezhuang Village, Xiewa Neighborhood Committee |
3. Regulations on resettlement of peasants with land expropriated
● The people's governments at and above the county level should develop specific approaches to guarantee the long-term livelihood of farmers with land expropriated. In the project with stable revenue, peasants can share the land use right of construction land in accordance with the law. Within the urban planning area, local government should incorporated the landless peasants due to land acquisition into the urban employment system, and establish social security system; beyond the urban planning area, when requisitioning the collective-owned land of peasants, local governments should reserve necessary cultivated land or arrange jobs for peasants with land expropriated within their administrative regions. Those landless peasants lacking in basic production and living conditions should be resettled in other places (Article 13 of Regulation of the State Council on Deepening Reform and Strengthening Land Administration).
● Peasants with land requisitioned can be resettled in the following ways: (1) Agricultural production: when requisitioning collective-owned land beyond the urban planning area, necessary cultivated land should be provided to those peasants for them to continue agricultural production, including reserved land of rural collective, contracted land voluntarily returned by contracting farmers and newly-added cultivated land due to circulation of contracted land and land development, etc; (2) Employment: favorable conditions should be created to provide those peasants with labor skill trainings for free and arrange corresponding posts for them. Under equal conditions, the project owner should give priority to peasants with land requisitioned when recruiting employees. When requisitioning rural collective-owned land within the urban planning area, local government should incorporate the landless peasants due to land acquisition into the urban employment system, and establish social security system; (3) Shareholding program: with respect to project land with long-term steady revenue, the rural collective economic organization with land requisitioned can negotiate with the project owner, buy a share through resettlement fees or approved land use right of construction land. The rural collective economic organization and peasants can gain the profits through preferred shares as specified in the contract. (4) Resettlement in other places: in case this district cannot provide the basic production and living conditions to landless peasants due to land acquisition, with the consent of rural collective economic organization and peasants, the government can make overall arrangement and resettle them in other places (Article 2 of Guiding Opinions on Improving Compensation System for Land Acquisition issued by the Ministry of Land and Resources).
4. Regulation on information disclosure about land acquisition
● During land acquisition, the rural collective-owned land ownership and land contractual right of the peasants should be guaranteed. Before submitting the land acquisition plan for approval, the purpose and location of land to be requisitioned, compensation rate and resettlement ways should be notified to peasants; the survey result of land to be requisitioned should be confirmed by relevant rural collective economic organization and peasants; the department of land and resources should organize a hearing according to relevant provisions when necessary. Relevant documents acknowledged by peasants with land requisitioned should be taken as the essential documents for approval of land acquisition. The coordination and dispute settlement mechanism for resettlement work shall be established and improved to safeguard the lawful rights of peasants with land requisitioned and project owner. The approved land acquisition plan shall be publicized expect for special circumstances (Article 14 of Regulation of the State Council on Deepening Reform and Strengthening Land Administration).
● The people’s governments of the province, autonomous region and centrally administered municipality shall formulate the method for distribution of land compensation fees within the rural collective economic organization under the principle that the land compensation fees are mainly distributed to peasants with land requisitioned. The rural collective economic organization with land requisitioned should publicize the information about budget and distribution of land compensation funds to the peasants for public scrutiny. Agricultural and civil affairs departments shall enhance the supervision on the distribution and use of land compensation fees within the rural collective economic organization (Article 15 of Regulation of the State Council on Deepening Reform and Strengthening Land Administration).
● Administrative organs shall publicize the government information in a prompt and accurate manner. In case the administrative organs find out false or incomplete information that affects or potentially affects social stability or disrupt social order, the administrative organs shall issue accurate government information within the scope of their duties for clarifying the facts (Article 6 of Regulation of the People’s Republic of China on the Disclosure of Government Information).
● Administrative organs shall publicize the government information through government gazette, government website, press briefing, newspapers, radios and TV, etc (Article 15 of Regulation of the People’s Republic of China on the Disclosure of Government Information).
● People’s governments at all levels shall arrange a place for searching for government information in the National Archives and public libraries, allocate relevant facilities and equipment, and facilitate citizens, legal persons or other organizations to obtain government information. Administrative organs can publicize government information through public information search room, information access site, information bulletin board and electronic information screen, etc. Administrative organs shall provide open government information to the National Archives and public libraries in time (Article 16 of Regulation of the People’s Republic of China on the Disclosure of Government Information).
5. Regulations on house demolition and housing site management
● Real estate price appraisal agencies shall be selected by the people with land expropriated through consultation within the specified time. In case of failed consultation within the specified time, the housing requisition department can organize voting to determine the appraisal agency according to the majority principle, or lottery or other random means. The appraisal on the value of requisitioned houses shall be based on such influence factors as location, purpose, building structure, construction time, building area, floor space and land use right, etc. The real estate price appraisal agency shall provide the initial appraisal result of each household to housing requisition department according to the power of attorney for appraisal of requisitioned housing or commission contract. The initial appraisal result of each household shall include the components, basic information and estimated value of requisitioned house. The house requisition department shall publicize the initial appraisal result of each household to the affected population within the affected area (Article 4, 14 and 16 of Regulation on the Expropriation and Evaluation of Buildings on State-owned Land).
● Before deciding to requisition the house, the compensation fund shall be prepared in full amount, deposited in the specific account and used for special purpose (Article 12 of Regulation on the Expropriation and Compensation of Buildings on State-owned Land).
● The people’s governments at city and county level that make decisions on house requisition shall give the following compensation to the affected people:
(1) Compensation for the value of expropriated house;
(2) Compensation for relocation and temporary resettlement due to house requisition;
3) Compensation for suspension of production and business caused by house requisition. The people’s governments at city and county level shall formulate subsidizing and rewarding measures and give subsidies and rewards to people with house requisitioned (Article 17 of Regulation on the Expropriation and Compensation of Buildings on State-owned Land).
● When requisitioning private housing, if the house owner can meet the housing security conditions, the people’s governments at city and county level that make decisions on house requisition shall give priority to housing security. The specific measures shall be formulated by the people’s governments of the province, autonomous region and centrally administered municipality.
The compensation for the value of expropriated house shall be no lower than the market price of similar real estate on the announcing date of house expropriation. The value of expropriated house shall be determined by qualified real estate price appraisal agency according to the Regulation on Expropriation and Evaluation of Buildings.
● In case of any disputes on the determined value of expropriated house, it is allowed to apply to real estate price appraisal agency for re-appraisal. In case of any disputes on the re-appraisal results, it is allowed to apply to expert panel for the appraisal of real estate price.
The Regulation on Expropriation and Evaluation of Buildings shall be formulated by the Ministry of Housing and Urban-Rural Development of the State Council, with opinions solicited from the general public (Article 18 and 19 of Regulation on the Expropriation and Compensation of Buildings on State-owned Land).
● The person with house expropriated can choose monetary compensation or exchange of house property right.
In case the person with house expropriated chooses to exchange the house property right, the people’s governments at city and country level shall provide them with houses for property right exchange, and calculate the price difference between the requisitioned house and house for property right exchange.
When requisitioning private houses for renovation of old urban area, if the affected person chooses to exchange housing property right in the renovated area, the people’s governments at city and county level that make decisions on house requisition shall provide them with houses in the renovated area or nearby areas.
● In case of relocation due to house requisition, the house requisition department shall pay the affected people relocation fees; if the affected people choose to exchange the house property right, the house requisition department shall pay them temporary resettlement funds or provide them with transitional houses before the exchange of house property right (Article 21 and 22 of Regulation on the Expropriation and Compensation of Buildings on State-owned Land).
4.2.2 Abstract of relevant regulations and policies issued by Xiangyang City
(1) Compensation Measures for Land Acquisition in the Urban Area of Xiangyang City
Article 6: When requisitioning rural collective-owned land, land compensation funds shall be paid to the entities with land requisitioned in accordance with the law. The compensation funds for cultivated land acquisition include land compensation fee, resettlement fees and compensations for attachments to the land and green crops.
Article 7: Land compensation fees and resettlement fees shall be paid according to the integrated prices at five grades divided for different districts, taking the following factors into account, i.e. land category, output value, per capita cultivated land, location, farmland grade, land supply and demand, economic development and minimum standard of living for urban residents.
Article 8: In accordance with the unified minimum standard for annual output value of cultivated land specified in the Notice on Further Strengthening Management on Land Acquisition and Protecting the Lawful Rights of Expropriated Peasants issued by the People’s Government of Hubei Province (EZF [2005] No. 11) and the average annual output value of cultivated land in three years investigated by the Statistics Bureau, Bureau of Commodity Price and Bureau of Land and Resources of Xiangyang City, the average annual output value of Class I and II cultivated land is defined as RMB 1,700 Yuan/ mu (RMB 2,200 Yuan/ mu for vegetable base, RMB 1,200 Yuan/ mu for dry field and paddy field), the average annual output value of Class III and IV cultivated land is defined as RMB 1,400 Yuan/ mu (RMB 1,600 Yuan/ mu for vegetable base, RMB 1,200 Yuan/ mu for dry field and paddy field), and the average annual output value of Class V cultivated land is defined as RMB 1,200 Yuan/ mu.
Article 9: Based on the actual compensation rates for land acquisition in the urban area, apart from the land compensation fees calculated according to the average annual output value of cultivated land, the requisitioned land within the urban planning area will receive additional compensation fees according to its geographic position.
Article 10: Land compensation fee, resettlement fees and compensation for green crops shall be calculated according to the following methods:
(i) Land compensation fee: in case the per capita cultivated land area of rural collective economic organization is above 0.8mu after land acquisition, the land compensation fee shall be 8~10 times the annual output value as specified in Article 8; in case the per capita cultivated land area is below 0.8mu after land acquisition, the land compensation fee shall be 10 times the annual output value as specified in Article 8.
When requisitioning other profitable lands, the land compensation fee shall be 5 times the annual output value of dry field in this area; when requisitioning other unprofitable lands, the land compensation fee shall be 4 times the annual output value of dry field in this area; when requisitioning housing site, the land compensation fee shall be calculated according to the compensation rates for cultivated land in this area.
(ii) Resettlement fees: 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 expropriated by the per capital land occupied of the rural collective economic organization whose land is expropriated. The resettlement fees for each agricultural person to be resettled are defined as follows: RMB 12,000 Yuan for Class I and II district, RMB 11,000 Yuan for Class III and IV district, and RMB 10,000 Yuan for Class V district.
When requisitioning other profitable lands, the resettlement fee shall be calculated as a half of the resettlement fee for cultivated land requisitioned in this district; when requisitioning other unprofitable lands, no resettlement fee shall be paid.
(iii) According to the per capital cultivated land of the rural collective economic organization prior to land acquisition, the sum of land compensation fee and resettlement fee shall be no lower than 16 times of annual output value and no higher than 25 times of annual output value. In case the land compensation fees and resettlement fees paid according to the above standards can not maintain the original living standards of peasants with land expropriated, or pay the social security fees of landless peasants, the compensation amount and resettlement fee shall be increased with the approval of provincial government. If the sum of land compensation fees and resettlement fees that is calculated as 30 times of annual output value still can not maintain the original living standards of peasants with land expropriated, the compensation fund can be added by the village collective as specified in Article 9 herein.
(iv) Compensation fee for young crops shall be calculated as 1 time the annual output value as specified in Article 8 herein.
Article 11: In case the equipment stacked for project construction, geological investigation and excavation for underground pipeline for oil, gas transportation and communication cable require to temporarily use the land of rural collective economic organization, the temporary user of land shall sign relevant contract with the village collective, agree on the purpose of land and submit it for approval of land and resources department of the city. The annual compensation fee for temporarily-occupied land with duration less than two years shall be calculated according to the average annual output value of cultivated land in this district. Upon the expiration of the term of land use, the land user shall restore the land to its original state as stipulated in the contract.
Article 14: If the peasants with land expropriated look for jobs by themselves, they shall submit the application and sign relevant agreement with the rural collective economic organization, and the resettlement fee shall be distributed to the peasants in full amount.
Article 19: In case all the lands within the urban planning area are requisitioned in the unit of village, or most lands within the urban planning area are requisitioned in the unit of village group and the per capita cultivated land area is below 0.1mu, the identity of peasants can be transformed into urban residents and incorporated into the minimum living allowance system of urban residents after the application of villagers’ committee, verification of civil affairs, land and resources department, district government (management committee) and township (town and office) government, and approval of city government. Those peasants, who can meet the conditions of minimum living allowance system as confirmed by civil affairs department, shall be granted the minimum living allowance as stipulated in the law.
Article 20: For the rural collective economic organization of which per capita cultivated land is below 0.1mu after land acquisition, the urban planning, land and resources department of this city shall reserve 50mu land for the village collective to establish companies and arrange for production. The reserved land shall be handled with the procedures of agricultural land conversion and expropriation in accordance with the law, and arranged according to the urban planning, not allowed to be transferred or used for real estate development.
Article 21: in case this district can not provide the basic production and living conditions to landless peasants due to land acquisition, with the consent of rural collective economic organization and peasants, the government at various levels can make overall arrangement and resettle them in other places.
(2) Provisional Regulations on Compensation for Dismantling Buildings on Collective Land in the Urban Area of Xiangyang City
Article 11: With respect to the compensation for dismantling houses on collective-owned land, the residents with house dismantled can choose from three options, i.e. monetary compensation, house compensation or housing site; if the conditions permit, the rural collective economic organization can build multi-storey residence for centralized resettlement. The residents choosing housing site shall meet the legal conditions for approval of the housing site.
Article 12: With respect to monetary compensation, the house requisition party shall pay the requisitioned party the compensation fees. The compensation fees are composed of replacement price of demolished houses and compensation fee for attachments and decoration.
The monetary compensation shall be confirmed by qualified evaluation agency recognized by both parties in accordance with relevant national regulations and provisions herein.
The requisitioned party choosing monetary compensation is qualified for purchasing economically affordable housing.
Article 13: with respect to house compensation, the price difference shall be settled according to the following provisions:
(i) House compensation shall follow the standard of per capita floor area 33m2 according to the permanent population of requisitioned families (as per household register at the local police station, and the person whose ancestor really belong here and has no other residence within the city can be regarded permanent resident). The families with only child can gain another 33 m2 housing area.
The resettlement housing area that surpasses the specified housing area for resettlement shall be purchased by the requisitioned party according to the construction costs.
In case the original housing area is larger than the specified housing area for resettlement, the surplus shall be compensated by currency after deductions based on household appraisal report of appraisal agency.
(ii) The floor area of each suite of resettlement housing shall be no larger than 140m2.
(iii) The construction cost of resettlement housing, resettling term and expenses shall be notified to the requisitioned party before house dismantlement and listed in compensation agreement.
Article 14: In case the rural collective economic organization builds multi-storey residence for centralized resettlement, the rural collective economic organization shall solicit the opinions of requisitioned party on the construction methods and standards of the residence, and construction cost shall be borne by the requisitioned party.
(3) Building Management Measures for Residents in the Downtown of Xiangyang City.
Article 5: the house construction in the Class I control area shall comply with the requirement of urban planning and urbanized development, follow the pattern of apartment construction, and avoid the approval of house contraction household by household.
4.2.3 Involuntary resettlement policies of the World Bank
The operational policy and business procedure of the World Bank on involuntary resettlement (OP4.12 and BP4.12) has clearly specified the policies for involuntary resettlement. The main policies related to this project are as follows:
● Goal of resettlement policy
1. Explore all the feasible project design schemes, and avoid or minimize involuntary resettlement.
2. If the resettlement is unavoidable, the resettlement work shall be conceived and executed as sustainable development program, provided with sufficient investment fund, and ensure the relocated people can share the benefits brought by the project. Sincere consultations shall be conducted with relocated people to get them involved in the planning and execution of resettlement plan.
● Measures to achieve the goal
3. The resettlement program or framework shall incorporate corresponding measures to ensure:
(1) Relocated people are aware of their options and other rights concerning resettlement;
(2) Consult with relocated people on the feasible alternatives at technical and financial level, and provide them with options and these alternatives;
(3) Make use of all the relocation cost to provide relocated people with prompt and effective compensation and offset the direct property loss caused by the project.
4. If the project involves relocation, the resettlement program or framework shall incorporate corresponding measures to ensure:
(1) Provide assistance to relocated people during the relocation process (e.g. relocation subsidies);
(2) Provide relocated people with housing or house site, or provide the site for agricultural production if required. The production potential, geographical advantage and other factors of the site for agricultural production shall be no worse than the favorable conditions at the original site.
5. If required to achieve the goal of the policy, the resettlement program or policy framework shall also incorporate corresponding measures to ensure:
(1) Reasonably estimate the transitional period after relocation according to the time that may need to restore the livelihood and living standard of relocated people, and provide support to relocated people during this transitional period;
(2) Provide relocated people with development assistance, e.g. site preparation, credit service, training or job opportunities.
● Give special attention to the need of vulnerable groups among relocated people, especially those people under the poverty line or without land, elderly people, women and children, indigenous people and minority groups, or other relocated people that are not under the protection of national land compensation regulations.
● For those relocated people who used to make their living on the land, give priority to resettlement strategy on the land basis. These strategies may include resettlement on the public land or purchased private land. Whenever the alternative land is provided, the production potential, geographical advantage and other factors of the land shall be no worse than the favorable conditions of their original land. If the land has not been given priority to in the resettlement strategy, or the provided land may have adverse impact on the sustainability of the park or protection zone, or it is impossible to obtain adequate land at a proper price, it is required to provide both monetary compensation for land and other property loss and employment or self-employment programs. In case of insufficient land, the case shall be described and recorded as required by the bank.
● Monetary compensation for property loss may apply to: (a) relocated people make their living on the land, but the requisitioned land is only a small part of their property damaged by the project, the rest of their property are financially independent; (b) relocated people can make use of active land, housing and labor markets, and ensure the sufficient supply of land and housing; or (c) relocated people do not make their living on the land. The monetary compensation shall substitute the cost in full amount on the local market, and compensate for land and other property loss.
● Resettlement information shall be provided to relocated people and their communities in time. Consult with them on the resettlement program, provide them with the opportunities to get involved in planning, implementing and monitoring resettlement process, and establish corresponding convenient appeal mechanism for these groups.
● Necessary infrastructure and public service shall be provided on the new resettlement site or main communities, so as to improve, restore or maintain the communication system and service level of the community. Alternative or similar resources shall be provided to compensate the loss of community resources (e.g. fishing area, pasturing area, fuel or fodder).
● The new community model shall be established according to the choice of relocated people. The existing social and cultural system of relocated people shall be preserved as much as possible, and respect shall be shown to the opinions of relocated people on moving to the new community.
4.3 Resettlement approaches applicable to this project
In accordance with the above national and local laws, regulations and relevant policies of the World Bank, based on the actual situation of affected area of Xiangyang Urban Transport Project, after full consultation with affected population, the Resettlement Office of Xiangyang Urban Transport Project has formulated the following resettlement policy applicable to this project. The resettlement policy will be put into practice upon this Resettlement Action Plan is recognized by the World Bank and approved by the People’s Government of Xiang Yang. If the People’s Government of Xiang Yang unveils new preferential resettlement policies during the implementing process of this project, the new resettlement policies will be implemented.
4.3.1 Policy for acquisition of collective-owned land
The acquisition of collective-owned land in this project shall follow the policy of integrated price for requisitioned land formulated by the People’s Government of Hubei Province. According to the Unified Annual Output Value and Integrated Land Price for Expropriated Land issued by the People’s Government of Hubei Province in 2009, the land of this project site belongs to Class II~III, the annual output value of vegetable field is RMB 2,200 Yuan/mu, and integrated land price of requisitioned land is RMB 50,000~70,000Yuan/mu.
The land acquisition in this project follows the policy of integrated land price. The land price of the district of Wangjiawa Neighborhood Committee is RMB 70,000Yuan/mu, while the land price of other districts is RMB 50,000Yuan/mu. Land compensation fee accounts for 1/3 of the integrated land price, while resettlement fee accounts for 2/3.
The compensation rate for green crops on the cultivated land is one time of the annual output value, i.e. RMB 2,200Yuan/mu.
The land compensation fund for requisitioning collective-owned land shall be directly deposited into the account of the unit with land requisitioned.
The peasants with land requisitioned will obtain 70% of resettlement fee and land compensation fee for requisitioned land. The rest of compensation fund shall be used as social security premiums for villagers who are willing to participate in the social security program, or directly distributed to villagers who are unwilling to participate in this program. The rest of the compensation fund shall be mainly used for public utilities of the village collective after the consultation through villagers’ congress. The distribution and use of land compensation fee and resettlement fee shall be supervised and audited by authorities.
In case the per capita cultivated land area is below 0.1mu after land acquisition, the identity of peasants can be transformed into urban residents and incorporated into the minimum living allowance system of urban residents after the application of villagers’ committee, verification of civil affairs, land and resources department, district government and township government, and approval of city government. Those peasants, who can meet the conditions of minimum living allowance system as confirmed by civil affairs department, shall be granted the minimum living allowance as stipulated in the law.
The requisitioned attachment to the land shall be compensated to the owner according to actual loss. See Table 5-1 for specific standards.
4.3.2 Policy for acquisition of state-owned land
This project needs to requisition only a small amount of state-owned land. Experienced and qualified appraisal agency will be employed for appraisal according to the Standard Urban Land Price in Xiangyang City issued by the People’s Government of Xiang Yang, and then relevant compensation rates will be formulated.
According to the appraisal result provided by the professional appraisal agency, at Zhakou 2nd Road, the unit price of commercial land is RMB 2,979 Yuan/m2, the unit price of residential land is RMB 2,363 Yuan/m2, and the unit price of industrial land is RMB 699 Yuan/m2. At Xingguang Avenue, the unit price of commercial land is RMB 2,289 Yuan/m2, the unit price of residential land is RMB 1,467 Yuan/m2, and the unit price of industrial land is RMB 580 Yuan/m2. At Jianghua Road, the unit price of commercial land is RMB 2,187 Yuan/m2, the unit price of residential land is RMB 1,591 Yuan/m2, and the unit price of industrial land is RMB 580 Yuan/m2. At Xiangyang Road, the unit price of commercial land is RMB 1,944 Yuan/m2, the unit price of residential land is RMB 1,198 Yuan/m2, and the unit price of industrial land is RMB 567 Yuan/m2.
4.3.3 Policy for demolishing buildings on state-owned land
The fences, sheds and gate houses of enterprises and public institutions that need to be demolished in this project and on the state-owned land, will receive monetary compensation and be restored by affected units themselves. The demolished residence on state-owned land will be compensated by currency or real house, which depends on the choice of affected households.
The compensation fund for demolished buildings on state-owned land is composed by land price of housing site and replacement price of housing.
Land price shall be evaluated and determined by qualified appraisal agency according to the Standard Urban Land Price in Xiangyang City issued by the People’s Government of Xiang Yang. See the specific standards in the policy for acquisition of state-owned land as mentioned above.
The replacement price of housing shall follow the standards specified in File No. 59 of Xiangyang Bureau of Commodity Price in 2008, i.e. RMB 1,300~2,000 Yuan/m2 for buildings with 10 storeys or above, RMB 1,300 Yuan/m2 for 7~10 storey buildings, and RMB 1,200 Yuan/m2 for buildings with 6 storeys or below. For brick-concrete buildings, RMB 902 Yuan/m2 for Class A, RMB 812 Yuan/m2 for Class B, RMB 731 Yuan/m2 for Class C, and RMB 657 Yuan/m2 for Class D; for wood-brick buildings, RMB 812 Yuan/m2 for Class A, RMB 650 Yuan/m2 for Class B, RMB 520 Yuan/m2 for Class C, and RMB 416 Yuan/m2 for Class D. [1]
The compensation fund for interior and exterior decoration shall be evaluated and determined by appraisal agency according to the used materials and qualities.
4.3.4 Policy for demolishing housing on collective-owned land
The demolished housing on the collective-owned land in this project will be compensated according to Provisional Regulations on Compensation for Dismantling Buildings on Collective Land in the Urban Area of Xiangyang City. The main policies are as follows:
The relocated families can choose to be compensated by currency or real house.
The standards for monetary compensation are as follows: for brick-concrete houses, RMB 820 Yuan/m2 for Class A, RMB 738 Yuan/m2 for Class B, RMB 664 Yuan/m2 for Class C, and RMB 598 Yuan/m2 for Class D; for wood-brick buildings, RMB 738 Yuan/m2 for Class A, RMB 590 Yuan/m2 for Class B, RMB 472 Yuan/m2 for Class C, and RMB 378 Yuan/m2 for Class D.
The compensation fund for interior and exterior decoration shall be evaluated and determined by appraisal agency according to the used materials and qualities.
According to the Building Management Measures for Residents in the Downtown of Xiangyang City issued by the People’s Government of Xiang Yang on September 1, 2009, this project is in the Class I control area of Xiangyang City, where the house construction shall comply with the requirement of urban planning and urbanized development, follow the pattern of apartment construction, and avoid the approval of house contraction household by household.
Resettlement apartment are all provided by Xiangyang Construction Investment Management Co., Ltd. The area of resettlement apartments will be 33 m2 per person. One-child family will get extra 33 m2.
The population of affected family who can get resettlement apartments is calculated according to the permanent rural population registered in the local police on the day of acquisition announcement and finally determined after the verification of the villagers’ congress.
The rates of the resettlement apartments will be 33 m2 /person. Each one-child family will get extra 33 m2.
Families with house demolished can not only get resettlement houses with calculated area based on the rates for resettlement apartments, but also can buy houses with area not exceeding the one before relocation. For the area that exceeds calculated area by 20 m2, families only pay 950 Yuan/ m2; for the rest area, families should pay according to the price of economically affordable housing in the location.
If the relocated area is less than the calculated area of resettlement apartment, families with house relocated can buy the calculated area of resettlement apartment at a favorable price of 820 Yuan/ m2.
For relocated families, the relocation subsidies will be given to permanent residents as per RMB 100 Yuan/person.
All the resettlement work by resettlement apartments should be done six months before closing of the project; and the transitional period for relocated families who choose resettlement apartment must not exceed 2 years. During the 18-month transitional period since the day when signing the contract for house demolishing, a transitional fee as per 100 Yuan/month/person will be paid, exceeding 18 months, the rate will be 150 Yuan/month/person.
For those relocated households, one-off payment will be given to adults who are over 18 years old as per RMB 50 Yuan/person/day for delay of working time for 15 days.
For ancillary facilities of demolished houses, we give a direct compensation to the property owner according to the actual loss. See the compensation rates in Table 5-1.
4.3.5 Compensation policy for relocated stores
For stores holding operating certificate, the compensation rate is added by 40% based on that of the residential houses in the same structure.
Compensation funds for exterior and interior decoration and fitment are determined by appraisal agency according to the used materials and quality.
Relocation fee and installation subsidies shall be paid at a time for demolishing non-residential buildings as per RMB 5 Yuan/m2. If the project involves the relocation and installation of large-scale machinery and equipment, the relevant fees shall be evaluated by qualified asset appraisal agency, or paid to the requisitioned party at the actual cost.
When demolishing non-residential buildings, one-off payment shall be made to compensate the loss of business suspension as per 1.5% of estimated value of the building.
4.3.6 Compensation policy for unlicensed housing
Based on the actual situation of suburban area where this project is located and considering the historical process of housing construction management in rural area, this project considers all the buildings that have been built before May 31, 2011 as licensed housing in the project area, and give compensation for demolishing these houses. But on compensation will be given to buildings that are built after May 31, 2011.
4.3.7 Preferential policy for vulnerable groups
● The vulnerable families enjoy priorities to be listed into the economically affordable housing buyers so that their resettlement houses are guaranteed.
● For those poor families who enjoy minimal assurance, if the compensation fund cannot afford to pay for the resettlement houses, we will provide resettlement houses for them as per 20㎡ per capital.
● For vulnerable families who are willing to choose low-rent houses, we will arrange them into the annual plan of low-rent housing through local communities.
● The vulnerable families enjoy priority in choosing the area, room type and location of the resettlement houses.
● Resettlement offices at different levels are responsible for arrange manpower to help vulnerable families with their relocation.
● The Resettlement Office of Xiangyang Urban Transport Project has set up a resettlement fund of 500,000 Yuan for vulnerable people to give specialized assistance to vulnerable families in need. We give 10,000 Yuan of subsistence allowance to each relocated family who is incorporated into the minimum livelihood guarantee system or has disabled family member. For those who are both in minimum living and have disabled member, the subsistence allowance will be 20,000 Yuan.
5. Resettlement Compensation Rate
All the compensation rates listed in this Resettlement Action Plan are formulated based on in-depth survey, in accordance with relevant laws and regulations of the People’s Republic of China and Hubei Province, and involuntary resettlement policy of the World Bank, after full consultation with affected units, individuals and local government departments in Xiangyang City, with an aim to restore and improve the living standard of affected population after resettlement. If the People’s Government of Xiang Yang unveils new preferential resettlement policies during the implementing process of this project, the new resettlement policies will be implemented.
5.1 Compensation rate for requisitioning collective-owned land
The compensation fees for requisitioning rural collective-owned land include land compensation fee, resettlement fee and compensation for green crops, as well as national taxes.
(1) Land compensation fee and resettlement fee
The People’s Government of Hubei Province announced the Notice on Announcing the Standard of Unified Annual Output Value and Integrated Land Price for Expropriated Land in Hubei Province on October 4, 2009. As specified in this notice, the newly-requisitioned land follows the new land compensation rate, which includes land compensation fee and resettlement fee. According to this file, the land of this project site belongs to Class II~III, integrated land price of requisitioned land is RMB 50,000~ 70,000 Yuan/mu and the standard annual output value of cultivated land is RMB 2,200 Yuan/mu. The land price of the district of Wangjiawa Neighborhood Committee is RMB 70,000Yuan/mu, while the land price of other districts is RMB 50,000Yuan/mu.
With reference to the land compensation rates of other urban construction projects that are under construction in Xiangyang City, after consultation with affected communities and population in the project site, the requisitioned land in this project shall be compensated at the integrated land price. The land price of the district of Wangjiawa Neighborhood Committee is RMB 70,000Yuan/mu, while the land price of other districts is RMB 50,000Yuan/mu. Land compensation fee accounts for 1/3 of the integrated land price, while resettlement fee accounts for 2/3.
(2) Compensation fee for green crops
According to the resettlement survey, all the requisitioned cultivated lands are vegetable fields in this project. According to the average annual output value of the cultivated land for three years investigated by Statistical Bureau, Bureau of Commodity Price and Bureau of Land & Resources of Xiangyang City, the compensation rate for green crops in this project site is confirmed as 1 time of the annual output value, i.e. RMB 2,200 Yuan/mu.
(3) Compensation rate for attachments to the land
In accordance with Provisional Regulations on Compensation for Dismantling Buildings on Collective Land in the Urban Area of Xiangyang City issued by Bureau of Commodity Price, Bureau of Land & Resources and Real Estate Management Bureau of Xiangyang City on April 23, 2008, based on the actual situation of resettlement work in Xiangyang City in recent years, the compensation rates for attachments to the requisitioned collective-owned land in this project are defined as follows:
Table 5-1 Compensation rates for attachments to the requisitioned land in Xiangyang Urban Transport Project
|Name |Unit |Compensation rate (Yuan) |Remarks |
|Shed |㎡ |50 |Shed with fences (including cement floor) |
|Pig pen |㎡ |70 | |
|Toilet |Number |100 |Simple outdoor toilet for domestic use |
|Toilet |㎡ |200 |Brick-concrete structure |
|Water well |Number |300～650 |RMB 300 Yuan for water well in riverland, ，RMB 650Yuan |
| | | |for water well in downland, with additional disassembly |
| | | |fee RMB 150 Yuan for electric water pump |
|Water reservoir and septic |M3 |50 | |
|tank | | | |
|Concreted canal |M3 |50 | |
|Red-tile thermal shield |㎡ |180 |Eave height between 1.5 and 2.2m |
|Red-tile thermal shield |㎡ |90 |Eave height below 1.5m |
|Asbestos-tile thermal shield|㎡ |120 |Eave height between 1.5 and 2.2m |
|Asbestos-tile thermal shield|㎡ |50 |Eave height below 1.5m |
|Iron gate |㎡ |100 | |
|Fence |㎡ |15～75 |15Yuan/㎡ for soil fence, 25 Yuan/㎡ for stone fence, |
| | | |30 Yuan/㎡ for single- brick fence, 40 Yuan/㎡ for |
| | | |trailer, 50 Yuan /㎡ for double-brick fence, 75 Yuan/㎡ |
| | | |for iron fence |
|Outdoor floor |㎡ |10/30 |10 Yuan /㎡ for soil floor, 30Yuan/㎡ for cement floor |
|Road |㎡ |20-50 |20 Yuan/㎡ for gravel road, 40Yuan /㎡for asphalt road, 50|
| | | |Yuan /㎡for cement road |
|Air-conditioner disassembly |Number |200 | |
|fee | | | |
|Water heater disassembly fee|Number |150-250 |150 Yuan for gas heater, and 250 Yuan for solar water |
| | | |heater |
|Water meter |Number |300 | |
|Two-phase electric meter |Number |480 | |
|Three-phase electric meter |Number |2000 |If installation invoice is available, compensate according|
| | | |to the amount on the invoice |
|Electric pole |Number |120-240 |120 Yuan for wood and 240Yuan for cement |
|Fixed phone |Set |280 | |
|Broadband |Wire |350 | |
|Cable TV |Set |400 | |
|Fruit trees with fruits |Number |80 | |
|Fruit trees without fruits |Number |20 | |
|Timber (2-9cm) |Number |10 | |
|Timber (10-19cm) |Number |30 | |
|Timber (above 20cm) |Number |50 | |
5.2 Compensation rate for requisitioned state-owned land
For the requisitioned state-owned land involved in this project, we will implement the acquisition in accordance with the policies prescribed by the Administration of State-owne Land and Real Estate of Xiangyang City and ask experienced and qualified appraisal agencies to evaluate and formulate compensation rate of unit area of land based on the urban land price declared by People’s Government of Xiangfan. The compensation rates for all affected roads by professional agencies company refer to Table 5-2.
Table 5-2 Compensation rate for requisitioned state-owned land
Unit: Yuan/m2
|Land category |Zhakou 2nd Road |Xingguang Avenue |Jianghua Road | |
| | | | |Xiangyang Road |
|Price of commercial land |2979 |2289 |2187 |1944 |
|Price of residential land |2363 |1467 |1591 |1198 |
|Price of industrial land |699 |580 |580 |567 |
5.3 Compensation rate for demolished house on state-owned land
The compensation fund for demolished buildings on state-owned land is composed by land price of housing site and replacement price of housing.
Land price shall be evaluated and determined by qualified appraisal agency according to the Standard Urban Land Price in Xiangyang City issued by the People’s Government of Xiang Yang. Details refer to Chapter 5.2.
The replacement price of housing on state-owned land is determined based on the replacement price of housing publicized by Xiangfan Price Bureau in [2008] No.59 File by professional appraisal agencies according to the size, structure and grade of the building.
Table 5-3 Replacement price of demolished house on state-owned land
|Structure |Grade |Compensation rate (Yuan/m2) |
|Frame structure |More than 10 floors |1300-2000 |
| |7-10 floors |1300 |
| |Less than 6 floors |1200 |
|Brick and concrete |A |902 |
| |B |812 |
| |C |731 |
| |D |657 |
|Brick and wood |A |812 |
| |B |650 |
| |C |520 |
| |D |416 |
The compensation fund for interior and exterior decoration shall be evaluated and determined by appraisal agency according to the used materials and qualities.
The compensation rate of non-residence houses is based on that of the residence houses at the same structural level plus 40 percent.
Few residential houses on state-owned land are demolished in this project and all of these houses are centralized along Zhakou 2nd Road. As the unit price of residential land in Zhakou 2nd Road is 2,363 Yuan/m2 according to the evaluation results, plus the replacement price of housing, the compensation rate for a demolished house with brick and concrete structure of A-class is 3,265 Yuan/m2 and B-class 3,175 Yuan/m2. According to the information from the real estate agent in this area, the transaction price of second-hand house is about 3,100 Yuan/m2. Therefore, demolished households who choose resettlement apartments can get houses of corresponding size from the resettlement sites built by Xiangyang Construction Investment Management Co., Ltd, while those who choose monetary resettlement can buy houses of same size in the same section from the market.
5.4 Compensation rate for demolished houses on collective-owned land
We give compensation in accordance with the policies prescribe in the Provisional Regulations on Compensation for Dismantling Buildings on Collective Land in the Urban Area of Xiangyang City, which include:
The demolished households can choose monetary compensation or returned real houses for resettlement.
Compensation rate for monetary compensation refers to Table 5-4.
Table 5-4 Compensation rate for demolished house on collective-owned land
|Structure |Category |Compensate rate(Yuan/m2) |
|Frame structure | |1140 |
|Brick and concrete |A |820 |
| |B |738 |
| |C |664 |
| |D |598 |
|Brick and wood |A |738 |
| |B |590 |
| |C |472 |
| |D |378 |
For relocated families, the relocation subsidies will be given to permanent residents as per RMB 100 Yuan/person.
All the resettlement work by resettlement apartments should be done six months before closing of the project; and the transitional period for relocated families who choose resettlement apartment must not exceed 2 years. During the 18-month transitional period since the day when signing the contract for house demolishing, a transitional fee as per 100 Yuan/month/person will be paid, exceeding 18 months, the rate will be 150 Yuan/month/person.
For those relocated households, one-off payment will be given to adults who are over 18 years old as per RMB 50 Yuan/person/day for delay of working time for 15 days.
For ancillary facilities of demolished houses, we give a direct compensation to the property owner according to the actual loss. See the compensation rates in Table 5-1.
The project resettlement office conduct series of surveys in Panggong Subdistrict this project covers and collect illustrative cases to analyze the construction cost of the houses on local collective-owned land in order to verify whether aforementioned compensation rates are appropriate.
|BOX1 Construction cost analysis of houses in affected area |
|Case 1 |
|Mr. F, Hexin Village, Panggong Subdistrict |
|Building time: 2010 |
|Type of the house: brick and concrete |
|Area of the house: 108 m2 (one floor) |
|To Xiangyang downtown: 5KM |
|Material cost: |
|Cement: 430 Yuan/ton (including freight) × 12ton=5160 Yuan |
|Where to buy: Xiangyang downtown |
|Haul distance: 5KM |
|Sand: 50 Yuan/ m3 (including freight) × 24 m3=1200 Yuan |
|Where to buy: Panggong Subdistrict |
|Haul distance: 15KM |
|Steal bar: 4850 Yuan/ton (including freight) × 1.5 ton=7275 Yuan |
|Where to buy: Central China Guangcai Market |
|Haul distance: 23KM |
|Stone: 60 Yuan/ m3 (including freight) × 18 m3=1080 Yuan |
|Where to buy: Panggong Subdistrict |
|Haul distance: 15KM |
|Timber: 860Yuan/m3 (including freight) ×1.5m3=1290 Yuan |
|Precast slab: 22Yuan/m ( width of 0.7m) (including freight) ×150m=3300Yuan |
|Plastic steel: 160Yuan/m2×13m2=2080Yuan |
|Where to buy: Xiangyang downtown |
|Brick: 0.36Yuan/piece (including freight) ×32000 piece=11520Yuan |
|Waterproof and insulating material: 60Yuan/㎡×120㎡=7200Yuan |
|Other material: 1200Yuan (iron nail, iron wire, electric charge, etc) |
|Hydropower material: 540 Yuan |
|Cost of labor (not including labor from family), full-time worker: 115Yuan/㎡×108㎡=12420Yuan |
|Price of house site plus commission charge: 35,000 Yuan |
|Total price: 53,485 Yuan |
|Average construction cost not including house site and commission chare: 502.45Yuan/m2 |
| |
|Case 2 |
|Mr. W, Hongmiao Village, Panggong Subdistrict |
|Building time: 2009 |
|Type of the house: brick and concrete |
|Area of the house: 180 m2 (two floor) |
|To Xiangyang downtown: 10KM |
|Material cost: |
|Cement: 427 Yuan/ton (including freight) × 20ton=8,540 Yuan |
|Where to buy: Xiangyang downtown |
|Haul distance: 10KM |
|Sand: 48 Yuan/ m3 (including freight) × 45 m3=2,160 Yuan |
|Where to buy: Tangbaihe Village |
|Haul distance: 16KM |
|Steal bar: 4,800 Yuan/ton (including freight) × 4.5 ton=21,600 Yuan |
|Where to buy: Central China Guangcai Market |
|Haul distance: 5KM |
|Stone: 60 Yuan/ m3 (including freight) × 35 m3=2,100 Yuan |
|Where to buy: Tangbaihe Village |
|Haul distance: 16KM |
|Timber: 850Yuan/m3 (including freight) ×3m3=2,550 Yuan |
|Precast slab: 85Yuan/piece ( width of 0.7m) (including freight) ×45piece=3,825Yuan |
|Brick: 0.34Yuan/piece (including freight) ×62,000 piece=2,1080Yuan |
|Waterproof and insulating material: 60Yuan/㎡×103㎡=6,180Yuan |
|Other material: 1,500Yuan (iron nail, iron wire, electric charge, etc) |
|Hydropower material: 1,300 Yuan |
|Cost of labor (not including labor from family), full-time worker: 112Yuan/㎡×180㎡=20,160Yuan |
|Total price: 90,995 Yuan |
|Average construction cost not including house site and commission chare: 505.53Yuan/m2 |
Judging from this case analysis, the current compensation rates completely keep to the basic principle of compensating for demolished houses as per replacement prices. Villagers can get resettlement houses by choosing resettlement apartments. If they choose monetary compensation, their losses from relocation can also be made up.
According to the research by the project office on affected villages and NCS, currently the market price for house tenancy is 1~1.5 Yuan/m2/month, which means the transitional fee of 100 Yuan/month/person can enable relocated families to rent houses with 75~100m2/person in average. Therefore, the transitional fees can fully meet the transitional demands of relocated families.
5.5 Compensation for enterprises and public institutions
All kinds of enterprises and public institutions will get compensation as per the compensation rate for state-owned land or collective-owned land according to the land type they belong to; all kinds of structures will get compensation as per the compensation rate for their types and land they belong to. Relocation fee and installation subsidies shall be paid at a time. If the project involves the relocation and installation of large-scale machinery and equipment, the relevant fees shall be evaluated by qualified asset appraisal agency, or paid to the requisitioned party at the actual cost.
When demolishing non-residential buildings, one-off payment shall be made to compensate the loss of business suspension as per 1.5% of estimated value of the building.
5.6 Compensation rate for relocated store
For stores holding operating certificate, the compensation rate is added by 40% based on that of the residential houses in the same structure.
For demolished non-dwelling structures, we conduct one-off payment of relocation fee and installation subsidies as per 5 Yuan/m2 and loss from suspension as per 1.5% of the appraised value of buildings.
5.7 Compensation for unlicensed houses
The deadline of the investigation on the objects publicly noticed in this project is May 31st, 2011. All structures existing before May 31st of 2011 will get compensation as licensed structures. And structures built up after May 31st of 2011 will get no compensation.
6. Implementation Plan for Resettlement and Rehabilitation
6.1 Objective, method and principle of resettlement and rehabilitation
6.1.1 Objective
According to the policies of the World Bank and national laws and regulations on involuntary resettlement, the general objective of the World Bank Financed Xiangyang Urban Transport Project focuses on recovering and improving the living standard and production of both affected people and enterprises and public institutions as soon as possible. The detailed objectives are:
● Affected demolished households will be well resettled and get monetary compensation in accordance with the criteria of replacement cost or rebuilt resettlement houses, thus making their living quality and environment recover to or exceed the level before relocation.
● Compensate for attachments to all kinds of affected land as per their replacement prices.
● Compensate for public structures and specialized facilities as per their replacement prices and recover them to according to the original criteria.
● The production work of enterprises and public institutions will not be affected; no labor force will loss job permanently because of the impact on their units.
● Recover the public utilities and environment of affected communities to the level before relocation and strive for improvement.
● Well resettle affected labor forces, guarantee their long-term livelihood and improve their living standards; no farmer will loss job permanently because of the land acquisition.
6.1.2 Methods
The resettlement and rehabilitation of affected people involves in two aspects: living and production.
The resettlement and rehabilitation of living focuses on the relocation and rebuilding of houses and rehabilitation of living ancillary facilities, mainly including the following aspects:
● Give monetary compensation to relocated families or provide resettlement houses for those who choose resettlement apartment.
● Equip and improve the infrastructures concerning water and power supply.
The resettlement and rehabilitation of production focuses on placement of affected labor forces and rebuilding of production facilities, including the following aspects:
● Resettle the affected rural people and ensure their long-term livelihood.
● Recover the facilities and conditions for production and operation of production units.
6.1.3 Principle
● Affected people take part in the whole resettlement.
When it comes to such issues as the compensation rates of houses and facilities, choices of resettlement location, schedule of demolishing and recovering, fund appropriation, usage and management of resettlement funds, methods to recover production and operation, etc., there must be participation of and consultation with affected people or representatives for agreements. The consultation with affected people will be conducted by means of symposium with representatives and conference with affected residents or villagers.
● All kinds of compensation for private person will be granted to the property owner completely and directly without being withheld and misappropriated by any units or individuals.
● Compensation for houses, specialized facilities and attachments will be calculated as per their replacement prices. The quantity for compensation cannot be detained, depreciated and taxed. The compensation of property owners must be in accordance with public compensation rates. All possessions of the original structures belong to the property owner and the compensation price cannot deduct the scrap value of the remained materials after relocation.
● Assist and care for vulnerable groups.
Give priority to vulnerable families when coming to preferred option of rebuilding resettlement houses, supplying resettlement house information and granting qualifications to buy low-rent houses and economically affordable houses; vulnerable families enjoy priority in getting the job opportunities during implementation process and service network in resettlement site.
6.2 Resettlement of relocated households
Well resettlement of relocated households is the top task of the resettlement of this project as well as an issue requiring repeated consultation with affected people. From May 2011 to June 2011, the Resettlement Office of Xiangyang Urban Transport Project conducts extensive and intensive surveys and consultation among affected people to know the aspiration of relocated families and formulate corresponding policies and measures on resettlement according to their suggestions and requirements.
According to the result of consultation, the resettlement of this project for relocated households will adopt the following three ways:
1) Monetary resettlement
The field survey of resettlement shows that the area this project covers is all located in the suburban area and has gradually integrated into the urban area in recent years with the development of urban construction. During a long period in the past, rural area has little control over the area of resident houses, so the resident houses usually have large area. Each of the 272 households in this survey averagely possesses brick and concrete houses 250.2㎡ and brick and wood houses 51.3㎡. 60 percent of these households have an area over 350 ㎡ and the largest area amounts to 982 ㎡. This is to say, every household possesses an area of structure over 300㎡. Besides, this data is only calculated within the scope of red line and we are sure that the actual living area of affected households exceeds 300 ㎡. Therefore, it doesn’t affect the actual living of some relocated households that part of the houses are demolished and they are not necessarily need resettlement houses. If these households choose monetary compensation, Xiangyang Construction Investment Management Co., Ltd will conduct monetary compensation for them according to their aspiration by granting passbooks directly to relocated households.
2. Economically affordable houses
On April 21st of 2008, Xiangyang municipal people’s government issued the Article 13 in [2008] No.27 File, clearly indicating that the relocated households involved in the key construction project of Xiangyang City who choose monetary compensation will be admitted to buy economically affordable houses. Therefore, Xiangyang Construction Investment Management Co., Ltd decides to arrange those relocated households who choose monetary compensation into 2012-2013 Year Plan and conduct resettlement for them with economically affordable houses.
3) Centralized resettlement site
Given the fact that Panggong Subdistrict this project covers has been incorporated into the urban construction overall plan and policies of Xiangyang City, we cannot give affected households extra housing site for rebuilding. In recent years, various kinds of urban construction projects of Xiangyang City mainly conduct resettlement for relocated households by centralized resettlement sites.
By taking the resettlement methods of other similar projects of Xiangyang City as reference and conducting full consultation with affected families, Xiangyang Construction Investment Management Co., Ltd plans to build three resettlement sites to resettle the relocated families of this project.
The 1st resettlement site is located in Guanyinge Village with a construction area of 72,540㎡ and can resettle more than 700 households. This resettlement site started construction in June ,2011,and is planned to complete by September of 2012 and be used for resettling affected households in Hexin Village and Shijiamiao in Jianghua Road, Zhakou 2nd Road.
The 2nd resettlement site is located in Wangjiawa with a construction area of 46,667㎡ and can resettle more than 450 households. Now, the land for this site has been approved, and Xiangyang Construction Investment Management Co., Ltd is preparing for the design. It will be started in the beginning of 2013 and completed by July of 2014 . This site can be used for resettling affected households in Wangjiawa, Hongmiao, Hegxin Village and Shijiamiao in Xingguang Avenue and Zhakou 2nd Road.
The 3rd resettlement site is located in Yingpan Village with a construction area of 61,627㎡ and can resettle more than 630 households. This resettlement site is under construction now and planned to complete by December of 2011, being used for resettling affected households in Yangjiahe, Hongmiao Village, Hegxin Village and Shijiamiao in Xingguang Avenue, Zhakou 2nd Road and Xiangyang Road.
Table 6-1 Construction plan of resettlement sites in Panggong Subdistrict
|No. |Location |Construction |Resettlement |Contraction unit |Planned completion |
| | |area(㎡) |households | |time |
|1 |Guanyinge Village |72540 |712 |Xiangyang Construction Investment |2012.9 |
| | | | |Management Co., Ltd | |
|2 |Wangjiawa |46667 |460 |Xiangyang Construction Investment |2014.7 |
| |Village | | |Management Co., Ltd | |
|3 |Yingpan Village |61627 |631 |Xiangyang Construction Investment |2011.12 |
| | | | |Management Co., Ltd | |
[pic]
Fig 6-1 Sketch map of construction plann of resettlement site in Guanyinge Village
The rates of the resettlement apartments will be 33㎡/person. Each one-child family will get extra 33㎡.
Families with house demolished can not only get resettlement houses with calculated area based on the rates for resettlement apartments, but also can buy houses with area not exceeding the one before relocation. For the area that exceeds calculated area by 20㎡, families only pay 950 Yuan/㎡; for the rest area, families should pay according to the price of economically affordable housing in the location.
If the relocated area is less than the calculated area of resettlement apartment, families with house relocated can buy the calculated area of resettlement apartment at a favorable price of 820 Yuan/㎡.
For families with house demolished, the relocation subsidies will be given as per RMB 100 Yuan/person.
All the resettlement work by resettlement apartments should be done six months before closing of the project; and the transitional period for relocated families who choose resettlement apartment must not exceed 2 years. During the 18-month transitional period since the day when signing the contract for house demolishing, a transitional fee as per 100 Yuan/month/person will be paid, exceeding 18 months, the rate will be 150 Yuan/month/person.
To make sure whether the resettlement policies can guarantee the living condition and economic interest of relocated families, the project resettlement office conducted close calculation by choosing several representative families with different family sizes and housing area and calculating the housing asset value both before relocation and after resettlement based on the compensation and resettlement policies for house relocation. It turns out that, by resettlement apartment combined with monetary compensation together, all the relocated families can get houses of complete property right on state-owned land at a rate of 33 ㎡ /person plus monetary compensation, and their housing asset value has greatly increased after resettlement. Among the 4 representative families, the lowest rate of increase is 116.69% and the highest is 341.36%.
The 3 resettlement sites of the project all locate in Panggong Sub-district, which is close to the original community. The resettlement sites are equipped with complete public facilities including hospital, school and bus station, which makes the impacts on the social relations and living habits of affected families as low as possible.
The results of public consultation show that 80% of affected families would like to choose resettlement apartments for resettlement, others tend to choose monetary resettlement. During the period of formulating the Resettlement Action Plan, no affected families would like to rebuild houses in allocated house site to avoid the possible a second relocation in the future.
Table 6-2 Housing asset values of relocated households before and after resettlement
|Village(NC) |Yangjiahe |Hongmiao |Hexin |Wangjiawa |
|Head of relocated family |Mr. Li |Mr. Yao |Ms. Zhang |Mr. Fan |
|population |6 |3 |9 |2 |
|Current area (m2) |472.00 |96.12 |545.03 |152.25 |
|House site area (m2) |150.00 |50.00 |120.00 |65.00 |
|Before |Housing price (Yuan: as per Class A |387040.00 |78818.40 |446924.60 |124845.00 |
|relocation |brick and concrete structures 820 | | | | |
| |Yuan/ m2 | | | | |
| |Land price (Yuan: as per land |11244.38 |3748.13 |8995.50 |7016.49 |
| |sub-district price 50,000~72,000/mu) | | | | |
| |Total assets (Yuan) |398284.38 |82566.53 |455920.10 |131861.49 |
|After |Calculated Area of resettlement |198.00 |132.00 |297.00 |66.00 |
|resettlement |apartments according to the | | | | |
| |resettlement policy (m2) | | | | |
| |Actual area of resettlement |200.00 |120.00 |300.00 |80.00 |
| |apartments (m2: resettlement | | | | |
| |apartments with area of 80 m2, 100 | | | | |
| |m2, 120m2 are available to choose) | | | | |
| |Area differences before and after |272.00 |-23.88 |245.03 |72.25 |
| |resettlement (m2) | | | | |
| |Housing price (Yuan: as per estimated|640000.00 |384000.00 |960000.00 |256000.00 |
| |price of 3,200 Yuan/ m2) | | | | |
| |Monetary compensation for area |223040.00 |-19581.60 |200924.60 |59245.00 |
| |differences (Yuan) | | | | |
| |Total assets (Yuan) |863040.00 |364418.40 |1160924.60 |315245.00 |
|The increased rate of housing property value after |116.69 |341.36 |154.63 |139.07 |
|resettlement (%) | | | | |
6.3 Resettlement of affected farmers
According to the survey, this project requisitioned collective-owned cultivated land 356.63 mu, which are all vegetable field crossed and occupied by a 15.8-kilometer-far road in linear way. According to the resettlement field survey, the acquisition has the following characteristics: small in requisitioned absolute area, but enormous in affected households; the area of requisitioned vegetable field of every household is less than 0.5mu. The results of the survey show that 356.63mu of vegetable field is requisitioned in this project and 770 households are affected. An average of 0.46mu vegetable field is requisitioned per household and there isn’t any household whose vegetable field is all requisitioned. The vegetable supply of affected families is not affected by the land acquisition of this project.
The staffs of Xiangyang Construction Investment Management Co., Ltd and the resettlement advisory unit, Center for Involuntary Resettlement of Wuhan University conduct door-to-door interviews and survey on families with land requisitioned, which shows in the affected area most families plant the vegetables for their own use on the affected vegetable fields and few sell the vegetables in the pedlar’s market nearby when there is excess. The survey also found some vegetable fields are abandoned. Generally speaking, 85 percent of the incomes of affected families come from non-agricultural production and management, so an acquisition of less than 0.5 mu of vegetable field will hardly impact on the real income of affected families.
During the survey of resettlement, we solicit the opinions of families with land requisitioned about the resettlement ways after land acquisition, among which 90 percent propose to grant the resettlement allowances directly to relocated families. These families also propose to grant part of the land compensation to affected families and use the rest part for collective use, first for the old-age security of villagers, then for the public service of the village or labor skills training of villagers.
Based on the usual practice of Xiangyang City concerning the usage of compensation funds for land acquisition of suburban area, guided by the principle of fully respecting the opinions of affected families and through repeatedly consultation with subdistrict offices and affected villages, this project determines the usage of land compensation as below:
Peasants with land requisitioned will get 70 percent of the total resettlement and land compensation for the acquisition lands. The rest of the land compensation will be firstly used to apply for social security for those who are willing to join the social security program based of the principal of free will. Those who don’t want to join the social security program will get corresponding personal financial compensation. Other concrete usages of the compensation are determined by negotiations of the villager congress, and the main usage will be for collective public services. The distribution and usage of the land compensation and resettlement compensation will be monitored and audited by superior institutions.
In case the per capita cultivated land area is below 0.1mu after land acquisition, the identity of peasants can be transformed into urban residents and incorporated into the minimum living allowance system of urban residents after the application of villagers’ committee, verification of civil affairs, land and resources department, district government and township government, and approval of city government. Those peasants, who can meet the conditions of minimum living allowance system as confirmed by civil affairs department, shall be granted the minimum living allowance as stipulated in the law.
The requisitioned attachment to the land shall be compensated to the owner according to actual loss. See Table 5-1 for specific standards.
6.4 Rehabilitation of affected enterprises and institutions
The World Bank Financed Xiangyang Urban Transport Project affects 27 enterprises and public institutions in total, which can be classified into three types:
The first type refers to non-productive institutions, whose influences mainly involve in offices or idle houses of neighborhood committees along the affected line, fences, gate houses and carport attached to the fences. As the areas along the main affected roads have been under planning and control and were verified on-the-spot during design phase to avoid relocation of large structures, the influences on these areas are slight. These institutions can be rebuilt and recovered with the monetary compensation after the fences and gate houses are demolished.
The second type refers to small-sized enterprises who rent the houses of the neighborhood committees to conduct small-scale production along the affected line, including honeycomb briquette factory, coal yard, salt store, hoggery, etc. These enterprises, small-scale, easy to move and recover the production, will rent new houses for operation after getting compensation.
The third type refers to markets that are completely demolished, such as Wangjiawa Vegetable Wholesale Market and Sijingqing East Gate Market. As the operating personnel in these markets will lose their places of business after demolition, Xiangyang Construction Investment Management Co., Ltd has made arrangement for resettlement and rehabilitation. Newly-built markets near the intersection of Panggong Road and Xingguang Avenue can accept all the affected booth proprietors for their new operating. The new market is larger in scale and more convenient in transportation and is expected to bring the affected proprietors well resettlement.
[pic]
Fig 6-2 New market under construction,for resettling proprietors of demolished market
[pic]
Fig 6-3 Practice workshop of Xiangfan Industrial School built nearby
Table 6-2 Impact on affected enterprises and public institutions and resettlement methods
|NO. |Name of enterprise |Demolished |Description of impact |Resettlement and rehabilitation|
| | |area | |methods |
|1 |Wangjiawa |825.9 |Two places are affected: one is the fence of a |1 Rebuild the fence behind the |
| |Neighborhood | |sauce bottle factory in Wangjiawa 8th group; the |affected one, no impact on |
| |Committees | |other one is an old storage in Wangjiawa 5th |production and operation. |
| | | |group. As the storage is in idle, so there isn’t |2. Demolish the storage and |
| | | |any actual impact. |give direct monetary |
| | | | |compensation |
|2 |Xiangfan Synthetic |534.03 |A gate house and a bicycle parking shed in the |Give monetary compensation and |
| |Fiber Factory | |dormitory area of Xiangfan Synthetic Fiber |rebuild new fence and gate |
| | | |Factory are demolished. |house. |
|3 |Longzhong |790.72 |The fence of Longzhong Pharmaceutical Factory is |Rebuild behind the affected one|
| |Pharmaceutical | |affected, no impact on it production and | |
| |Factory | |operation. | |
|4 |Xiangfan Lifang Power|887.62 |A gate house and a bicycle parking shed of |Give monetary compensation and |
| |Electronics Co.,LTD | |Xiangfan Lifang Power Electronics Co.,LTD. are |rebuild new fence and gate |
| | | |demolished. |house. |
|5 |Wangjiawa Wholesale |1998.82 |All the wholesale vegetable market owned by |Arrange to rebuild in the |
| |Vegetable Market | |Wangjiawa Committees is demolished. |distance of 300m from the |
| | | | |current market; the new market |
| | | | |surpasses the current one in |
| | | | |scale and level; all the booths|
| | | | |can removed to the new market. |
|6 |Future Star |169.4 |A length of fence is demolished, which affects |As the kindergarten is rented, |
| |Kindergarten | |the devices for outdoor activities of the |the proprietor decides to rent |
| | | |kindergarten. |other houses in Wangjiawa 5th |
| | | | |group and continue to operate. |
|7 |Wangjiawa Primary |397.99 |The fence and gate house are demolished and a |Give monetary compensation; |
| |School | |part of soil playground in the west of the school|rebuild fence nearby; build a |
| | | |is occupied. |new playground on the east of |
| | | | |the fence. |
|8 |Hongmiao Village |646 |Part of the office building of Hongjiamiao |As the village committees has |
| |Committees | |Village Committees is demolished, no impact on |lots of idle houses, there is |
| | | |the regular work. |no need to rebuild; give |
| | | | |monetary compensation |
|9 |Hongmiao Village |558.49 |Part of the hoggery owned by the village |Give monetary compensation; |
| |Committees Hoggery | |committees is affected. |rent other houses for operation|
|10 |Hexin Village |6392.76 |Part of the office building of Hexin Village |As the village committees has |
| |Committees | |Committees is demolished, no impact on the |lots of idle houses, there is |
| | | |regular work. |no need to rebuild; give |
| | | | |monetary compensation |
|11 |Yangjiahe Village |1190.91 |Part of the office building of Yangjiahe |As the village committees has |
| |Committees | |Committees is demolished, no impact on the |lots of idle houses, there is |
| | | |regular work. |no need to rebuild; give |
| | | | |monetary compensation |
|12 |Shijiamiao Primary |993.6 |Need to demolish the fence and house gate of the |Rebuild the fence nearby behind|
| |School | |school, which doesn’t affect the main body of the|the affected one. |
| | | |building. | |
|13 |Shijiamiao |2546.18 |Part of the office building of Shijiamiao |As the village committees has |
| |Neighborhood | |Committees is demolished, no impact on the |lots of idle houses, there is |
| |Committees | |regular work. |no need to rebuild; give |
| | | | |monetary compensation |
|14 |Central Grain Depot |568.7 |The fence, gate house and parking shed are |Give monetary compensation and |
| |in Xiangfan | |demolished, no impact on the main body of the |rebuild on the spot. |
| | | |building | |
|15 |Honeycomb briquette |534.9 |The houses belong to Shijiamiao Committees and |Give monetary compensation; |
| |factory | |all need to be demolished. |rent other houses for |
| | | | |operation. |
|16 |Liyun Hoggery |831.25 |The houses belong to Shijiamiao Committees and |Give monetary compensation; |
| | | |all need to be demolished. |rent other houses for |
| | | | |operation. |
|17 |Liuguozhi Hoggery |1809.7 |The houses belong to Shijiamiao Committees and |Give monetary compensation; |
| | | |all are demolished. |rent other houses for |
| | | | |operation. |
|18 |Shijiamiao |2324.18 |Part of the office building of the village |As the village committees has |
| |Neighborhood | |committees is demolished, no impact on its |lots of idle houses, there is |
| |Committees | |regular work |no need to rebuild; give |
| | | | |monetary compensation |
|19 |Sijichun East Gate |5691 |All of the market is demolished. |Transfer all the booths and |
| |Market | | |proprietors to new market. |
|20 |SujiaYuan Community |844 |All of the structures are demolished. |Transfer to new market and |
| |Property Management | | |continue to operate. |
| |Company | | | |
|21 |Sijiqing Meishini |670.5 |All are demolished. |The house is rented and the |
| |Kindergarten | | |proprietor has found suitable |
| | | | |houses nearby for continuous |
| | | | |operation. |
|22 |Sijiqing Coal Yard |142 |Rented houses of the sanitation bureau |Give monetary compensation; |
| | | | |rent other houses for |
| | | | |operation. |
|23 |Sijiqing Salt Store |326 |Rented houses of the sanitation bureau |Give monetary compensation; |
| | | | |rent other houses for |
| | | | |operation. |
|24 |Xiangfan Industrial |4105 |All of the practice workshop is demolished |Build new practice workshop |
| |School | | |behind the previous one; the |
| | | | |new building is about to |
| | | | |complete and can be used before|
| | | | |demolition. |
|25 |Hexie Jiayuan, |3495 |Only a part of the low-rent houses of the bureau |Give resettlement houses; make |
| |Housing | |are demolished |sure the life of residents will|
| |Administration of | | |not be affected. |
| |Xiangyang | | | |
|26 |Substation |92 |Substation of Sijiqing Village Committees |Give monetary compensation and |
| | | | |rebuild behind the affected |
| | | | |one. |
|27 |Railway maintenance |1437 |Part of the building is demolished, no impact on |Give monetary compensation and |
| |station | |regular operation |rebuild behind the affected |
| | | | |one. |
6.5 Resettlement and recovering of affected stores
Network improvement sub-project involves 29 commercial stores required to be relocated and 110 employees. Judging from the resettlement survey, these 29 stores are all rented from the neighborhood committees of Wangjiawa and Zhakou Village.
The relocation compensation will be granted directly to the owners of affected houses. At the same time, we will adopt the following measures to protect the rights and interests of the proprietors of affected stores:
● Compensation for decoration and fitment both in and out of the affected stores will be evaluated and determined by appraisal agencies based on the material and quality, and be granted directly to the proprietors.
● Moving fee of the affected store will be paid directly to its proprietor.
● If the lease contract has not expired, lease holders can get deserved part of the compensation paid by project owners for relocated people as compensation according to the agreement in lease contract. The amount of this part of compensation is determined by both lease holders and neighborhood committees.
● Vacant houses of neighborhood committees will be given to store proprietors in priority for transition.
● Relocated store proprietors enjoy priority in choosing the new store fronts on both sides of the new road.
● Store proprietors enjoy priority in choosing and leasing booths in the newly built market as their will.
6.6 Rehabilitation of specialized facilities
Affected specialized facilities, mainly including power facilities and irrigation facilities for vegetable field, will be compensated as per their replacement price according to the ownership of different facilities and rebuilt on the basis of full consultation with telecommunication department and neighborhood committees along the affected line. The rehabilitation and rebuilding will be finished before the land acquisition to meet the regular needs of the production and life of people along the line. The expenses for the rehabilitation and rebuilding of all specialized facilities will be calculated into the budget of project.
6.7 Resettlement and recovering of affected vulnerable people
Resettlement offices at all levels and the primary-level government will give special assistance to vulnerable families with house demolished through the following methods:
For vulnerable families confirmed by this project, the project office will provide the following safeguards for them：
● The vulnerable families enjoy priorities to be listed into the economically affordable housing buyers so that their resettlement houses are guaranteed.
● For those poor families who enjoy minimal assurance, if the compensation fund cannot afford to pay for the resettlement houses, we will provide resettlement houses for them as per 20㎡ per capital.
● For vulnerable families who are willing to choose low-rent houses, we will arrange them into the annual plan of low-rent housing through local communities.
● The vulnerable families enjoy priority in choosing the area, room type and location of the resettlement houses.
● Resettlement offices at different levels are responsible for arrange manpower to help vulnerable families with their relocation.
● The Resettlement Office of Xiangyang Urban Transport Project has set up a resettlement fund of 500,000 Yuan for vulnerable people to give specialized assistance to vulnerable families in need. We give 10,000 Yuan of subsistence allowance to each relocated family who is incorporated into the minimum livelihood guarantee system or has disabled family member. For those who are both in minimum living and have disabled member, the subsistence allowance will be 20,000 Yuan.
6.8 Schedule of resettlement and recovering
The civil engineering of this project is planned to begin in the second half of, 2012, by when all the relocation and resettlement shall be finished to make affected families and units well resettled. The schedule for all resettlement activities sees Table 6-3.
Table 6-3 Schedule of resettlement activities
|Activity |2011 |2012 |2013 |2014 |2015 |
| |1 |2 |3 |4 |1 |
|Ⅰ |Basic expenses | | | |245733382.29 |
|1 |Expenses for land acquisition | | | |146744841.33 |
| |Compensation fees for collective-owned |mu |898.1 |50000-70000 |46161400.00 |
| |land | | | | |
| |Compensation fees for green crops |mu |388.59 |2200 |854898.00 |
| |Farmland occupancy tax |mu |388.59 |30000 |11657700.00 |
| |Land use fees for newly-added |m2 |599032.7 |56 |33545831.20 |
| |construction land | | | | |
| |Farmland reclamation fee |mu |One time of the land | |22570700.00 |
| | | |compensation fee | | |
| |New vegetable field development fund |mu |388.59 |10000 |3885900.00 |
| |Compensation for requisitioned |mu |185.98 | |20814864.84 |
| |state-owned land | | | | |
| | | | | |139491294.04 |
| |Service fee of land | |2% of the fee of land | |2789825.88 |
| |acquisition | |acquisition | | |
| |Managerial fee of land | |3.2% of the fee of land | |4463721.41 |
| |acquisition | |acquisition | | |
|2 |Compensation for demolished house |Yuan | | |97893639.96 |
| |Houses on collective-owned land | | | | |
| |Brick and concrete | |67944.91 |820 |55714826.20 |
| |Brick and wood | |13953.79 |738 |10297897.02 |
| |Thermal shield | |6301.36 |120 |756163.20 |
| |Houses on state-owned land | | | | |
| |Brick and concrete | |22926.09 |902 |20679333.18 |
| |Brick and wood | |9145.53 |812 |7426170.36 |
| |Thermal shield | |113.75 |120 |13650.00 |
| |Relocation allowance |household|272 | |108800.00 |
| |Compensation for loss of working time | |272 | |612000.00 |
| | |household| | | |
| |Transition allowance |household|272 | |2284800.00 |
|3 |Attachments | | | |594901.00 |
|4 |Allowance fund for vulnerable people | | | |500000.00 |
|Ⅱ |Relevant fee | | | |7863468.23 |
|1 |Agency fees for land acquisition and house demolition ( 1.8 percent of the basic expenses) |4423200.88 |
|2 |Expenses for monitoring and evaluating the resettlement (0.4 percent of the basic expenses) |982933.53 |
|3 |Expenses for demolishing, cleaning, hiring evaluation and audit agencies (1 percent of the |2457333.82 |
| |basic expenses) | |
|Ⅲ |Administrative expenses for resettlement (5 percent of the basic expenses) |12286669.11 |
|Ⅳ |Unforeseeable expenses (10 percent of the basic expenses) |24573338.23 |
|Total |290456857.87 |
7.3 Object and flow of resettlement funds
7.3.1 Object of resettlement funds
The resettlement funds of this project will be allocated to different objects according to the ownership of different affected items. For details you can refer t Table 7-2. In order to make sure the compensation funds can be granted to affected people and units on time and in full, we should not only give full play to the role of independent monitoring organizations, external monitoring organizations and national audit institutions, but also reduce intermediate links as much as possible and appropriate the compensation funds directly in simple and easy ways to both individuals and units.
Table 7-2 Object of resettlement fund
|Object |Expense category |
|Public institution |Compensation for relocation, moving and attachments to the ground, transition allowance, etc. |
|Enterprise |Compensation for relocation, moving and attachments to the ground, transition allowance, operating |
| |loss, etc. |
|Village collective |Compensation for land, attachments, collective facilities, etc. |
|Household |Compensation for relocation, attachments and young crops (only for families whose young crops are |
| |requisitioned, relocation fee, transition allowance, etc |
|Others |All kinds of taxes concerning land relocation |
7.3.2 Source and flow of resettlement funds
The resettlement fund of the World Bank Financed Xiangyang Urban Transport Project is raised by the Resettlement Office of Xiangyang Urban Transport Project and will be appropriated to compensation targets through special accounts without any intermediate links to avoid being withheld and misappropriated.
7.4 Appropriation, management and monitoring of resettlement fund
7.4.1 Appropriation of resettlement funds
The appropriation of resettlement funds will comply with the following principles:
● All costs involved in the land acquisition and relocation are counted into the project total budget. Compensation funds of each sub-project are audited by the implementing unit of it and reported to the Resettlement Office of Xiangyang Urban Transport Project for application for appropriation. The compensation funds are paid directly by the Resettlement Office of Xiangyang Urban Transport Project through special accounts to affected units and people.
● All kinds of compensation fee for private families are appropriated through special accounts.
● Land compensation is paid before land acquisition.
7.4.2 Management and monitoring of resettlement funds
●The expenditure of the resettlement funds must be in strictly accordance with the national laws and regulations on land acquisition and relocation, and the policies in the Resettlement Action Plan and no less than the compensation rates and scope prescribed in the Resettlement Action Plan.
● Implementing units of all sub-projects shall submit an annual construction schedule to the Resettlement Office of Xiangyang Urban Transport Project every month, audit the payment sheet with the confirmed signature of the principals and report to the finance department for fund appropriation. The Resettlement Office of Xiangyang Urban Transport Project shall pay the compensation objects the progress payment based on the statement confirmed by the implementing units of each sub-project directly through finance department.
●Compensation funds for land, houses, attachments and relocation, including the relocation and relocation fees of inside facilities, transition allowances, rewards for early removal, losses of operators, enterprises and public institutions, etc., shall be approved by implementing unit of each sub-project.
● The Resettlement Office of Xiangyang Urban Transport Project shall hire special advisory agencies to conduct internal inspection of the usage of the resettlement funds to resettlement offices.
●The municipal finance and audit departments shall monitor and audit the usage of special funds.
●Accept the monitoring and audition of the usage of special funds by the municipal finance and audit departments according to their requirements.
●Independent monitoring organizations of resettlement shall follow-up monitor the progress of appropriating the compensation funds to affected families, enterprises and public institutions during external monitoring.
8. Resettlement Organizations
8.1 Organization setting
In order to do well in the resettlement of the Xiangyang Urban Transport Project, all levels of governments of Xiangyang set up organizations and improve their abilities to make sure the resettlement can go smoothly. Since September of 2008, we have established all needed organizations related to the resettlement of this project successively and define their responsibilities clearly. The major organizations are:
●Resettlement Office of Xiangyang Urban Transport Project
●Resettlement Office of Panggong Subdistrict
●Resettlement offices of each affected neighborhood committees
●Internal monitoring organization-- Center for Involuntary Resettlement, Wuhan University
Network of resettlement organization see Fig.8-1.
[pic]
Fig.8-1 Resettlement organizations of the Xiangyang Urban Transport Project
8.2 Responsibility of each organization
8.2.1 Xiangyang Construction Investment Management Co., Ltd
· Invite resettlement advisory agencies for resettlement preparation
· Apply for Land Planning Permit and Land Construction Permit
· Coordinate related departments to formulate the policies in the Resettlement Action Plan
· Coordinate the progress of the construction and implementation of the Resettlement Action Plan
· Submit the resettlement fund plan to the urban construction fund office and supervise the payment
· Coordinate the work of resettlement organizations
8.2.2 Resettlement Office of Xiangyang Urban Transport Project
· Prepare for the resettlement with resettlement advisory agencies
· Formulate the policies in the Resettlement Action Plan
· Conduct trainings to principals of all sub-project resettlement offices
· Report the progress of resettlement
· Communicate with other departments during the implementing phase of resettlement
· Audit the resettlement fund plan of each sub-projects
· Submit the resettlement fund plan to the Xiangyang Construction Investment Management Co., Ltd and supervise the payment
· Guide and supervise the implementation of resettlement of each sub-project
· Manage the datas and files of resettlement
· Internal monitoring of resettlement
· Reception of resettlement experts from the World Bank during preparatory and implementing phase
· Handle the grievance and appeals of relocated people during resettlement
· Communicate with independent monitoring organizations during the implementation of resettlement
8.2.3 Resettlement Office of Panggong Subdistrict
· Organize surveys on resettlement of sub-projects
· Implementation of the resettlement of sub-project
· Formulate and submit the resettlement fund plan
· Follow-up supervise the appropriation of resettlement funds of this sub-project
· Handle the grievance and appeals of relocated people during resettlement
· Cooperate with independent monitoring organizations of resettlement
· Collect and classify all required datas of internal monitoring report of this sub-project
· Submit resettlement files of this sub-project to the Resettlement Office of Xiangyang Urban Transport Project
· Work with the Resettlement Office of Xiangyang Urban Transport Project to deal with the inspection of resettlement experts from the World Bank
8.2.4 Independent monitoring organization
During the implementation of resettlement, the independent monitoring organization, in charge of the resettlement, should submit resettlement progress reports and monitoring reports to the Resettlement Office of Xiangyang Urban Transport Project and the World Bank. The responsibility of independent monitoring organization has been clearly demonstrated in the chapter of External Monitoring.
8.3 Staffs and facilities of each resettlement organizations
Now the Resettlement Office of Xiangyang Urban Transport Project has five staffs, among which the office director has experience in resettlement work of the World Bank financed projects and strong organizing ability, and can operate computers skillfully. The Resettlement Office of Panggong Subdistrict also has high-quality and experienced staffs, who are fully qualified for the resettlement work. The member list is given in Table 8-1. Staffs and facilities of each resettlement organizations see Table 8-2 and Table 8-3.
Table 8-1 Member list of each resettlement offices
|Resettlement organization |Principal |Staffs |
|Resettlement Office of Xiangyang Urban Transport Project|Hu Shuncheng |Fan Hui, Zhang Li |
|Resettlement Office of Panggong Subdistrict |Wang Cheng |Vice directors of all affect village committees |
|Independent monitoring organization office |Zhong Shuiying |Yu Jiang, Yang Lin, Wen Hui, Gai Zhonghui |
Table 8-2 Staff arrangement of each resettlement organizations
|Resettlement organization |Total staff |Qualifications of staffs |Working period |
|Resettlement Office of |5 |Know foreign language, computer and engineering|From January, 2011 to the completion|
|Xiangyang Urban Transport | |and resettlement policies |of resettlement |
|Project | | | |
|Resettlement Office of |5 |Know foreign language, computer and engineering|From June, 2011 to the completion of|
|Panggong Subdistrict | |and resettlement policies |resettlement |
|Independent monitoring |5 |Have long-term working experience of similar |From January, 2012 to the completion|
|organization office | |job, with masters or higher degree |of evaluation after resettlement |
Table 8-3 Facilities of each resettlement organizations
|Organization |Computer |Camera | |Office |
| |(unit) |(unit) |Car |(㎡) |
| | | |(unit) | |
|Resettlement Office of Xiangyang Urban Transport Project |4 |1 |2 |50 |
|Resettlement Office of Panggong Subdistrict |1 |1 |1 |100 |
|Independent monitoring organization office |5 |1 |1 |100 |
8.4 Measures to enhance resettlement organizations’ ability
To improve the quality of staffs and overall ability of all resettlement organizations, and to enable the resettlement staffs to master the laws and regulations and requirements of the World Bank in terms of resettlement so that the resettlement work can go smoothly, the Resettlement Office of Xiangyang Urban Transport Project had organized staffs for many times to study and inspect in similar projects in China to make them master the process of resettlement work of the World Bank financed projects and policies of involuntary resettlement. The project resettlement office had conducted lots of trainings to staffs, by which they can study the national laws and regulations on resettlement, policies on involuntary resettlement of the World Bank OP4.12/BP4.12 and skills to deal with resettlement work. The trainings that have been conducted refer to Table 8-4.
Table 8-4 Training plan of resettlement staffs
|Item |Training institution |Training content |Training target |Training schedule |
| |A |B |C |D |
|1 |Xiangyang Construction|Study experience about resettlement |Staffs of the project |January, 2010～May, 2011 |
| |Investment Management |from other provinces and project of the|resettlement office | |
| |Co., Ltd |World Bank | | |
|2 |Project resettlement |Process of resettlement, resettlement |Staffs of the project |March, 2010～August, 2010 |
| |office |and survey |resettlement office | |
|3 |Project resettlement |Computer operation and data processing |Staffs of the project |February ,2010～May, 2010 |
| |office | |resettlement office | |
|4 |Project resettlement |National laws and regulations on |Staffs of the project |May, 2010～December, 2010 |
| |office |resettlement and the policies of the |resettlement office | |
| | |World Bank | | |
|5 |Project resettlement |Process, management and monitoring of |Staffs of the project |June, 2010～February, 2011|
| |office |fund appropriation |resettlement office | |
|6 |Project resettlement |Management of resettlement information |Staffs of the project |June, 2010～December, 2010|
| |office | |resettlement office | |
|7 |Project resettlement |Process and policies of resettlement |All sub-project resettlement |September, 2010～December,|
| |office | |offices |2010 |
|8 |Project resettlement |Resettlement policies of the World Bank|Project resettlement office |January, 2011 |
| |office | |and all sub-project | |
| | | |resettlement offices | |
|9 |Project resettlement |Latest policies of China on relocation |Project resettlement office |February, 2011 |
| |office | |and all sub-project | |
| | | |resettlement offices | |
|10 |Project resettlement |Experience of other cities in China |Project resettlement office |May, 2011～June, 2011 |
| |office |about resettlement |and all sub-project | |
| | | |resettlement offices | |
8.5 Plan to further enhance resettlement organizations’ ability
To better carry out the Resettlement Action Plan, guaranteed the benefits of affected people and meet the overall plan of the project progress, the project resettlement office will take the following measures to enhance the ability of resettlement organizations and improve efficiencies:
1. Leader responsibility system: major leaders of the Resettlement Office of Xiangyang Urban Transport Project will lead to organize a strong group of resettlement leaders.
2. High-quality staffs: staffs in all resettlement offices must have strong overall point of views, high policy level, good professional competencies, and more importantly rich working experience with the public.
3. Define responsibility: we will clearly define the responsibilities of all resettlement offices according to the requirements of the World Bank and relevant national laws and regulations.
4. Staff trainings: we will conduct trainings non-regularly to resettlement staffs concerning the resettlement policies and information management
5. Supervision role of the public and press: all the resettlement information will be publicized to the public and society, and by supervised by the public and press.
6. We will hold meetings presiding by the Resettlement Office of Xiangyang Urban Transport Project non-regularly to notify the resettlement work and delivery these information to all sub-project offices in the form of brief report.
7. Project office will provide all resettlement offices with necessary vehicles and office facilities to meet the demands of work.
The training plan to improve the resettlements organizations refers to Table 8-5.
Table 8-5 Further training plan of resettlement offices
|No. |Training institution |Training content |Training target |Training schedule |
| |A |B |C |D |
|1 |Project resettlement |Study and inspect the experience of |Staffs of the Project |2011～2012 |
| |office |other provinces and the World Bank |resettlement office and | |
| | |about resettlement |Subproject resettlement office | |
|2 |Center for Involuntary|Resettlement policies of the World |Staffs of the project |July, 2011 |
| |Resettlement, Wuhan |Bank |resettlement office and | |
| |University | |sub-project resettlement office | |
|3 |Center for Involuntary|Latest changes in national policies |Staffs of the project |July, 2011 |
| |Resettlement, Wuhan |on relocation |resettlement office and | |
| |University | |sub-project resettlement office | |
|4 |Project resettlement |Lessons draw from resettlement of the|Staffs of the project |November, 2011～December, |
| |office |other places |resettlement office and |2011 |
| | | |sub-project resettlement office | |
|5 |Project resettlement |Computer operation and data |Staffs of the project |August, 2011～September, |
| |office |processing |resettlement office and |2011 |
| | | |sub-project resettlement office | |
|6 |Subproject |Process and policies of resettlement |Subdistrict resettlement office |January, 2012 |
| |resettlement office |work of the World Bank financed |and village resettlement group | |
| | |project | | |
|7 |Subproject |Policies and practice of the |Subdistrict resettlement office |February, 2012 |
| |resettlement office |resettlement |and village resettlement group | |
|8 |Resettlement Office of|Study of the international experience|Staffs of the project |2012～2014` |
| |Xiangyang Urban |about resettlement |resettlement office and | |
| |Transport Project | |sub-project resettlement office | |
9. Public Participation and Consultation
To make the resettlement work of the World Bank Financed Xiangyang Urban Transport Project practical and reliable, safeguard the lawful rights and interests of relocated people and units, and reduce grievance and disputes, this project attaches great importance to the participation of and consultation with relocated people and prepares the Resettlement Action Plan on the basis of consultation and publicity. Therefore, during the planning, designing and implementation of this project, the Resettlement Office of Xiangyang Urban Transport Project, the Resettlement Office of Panggong Subdistrict and resettlement offices of every village make use of socio-economic survey and evaluation survey on social impact with all advisory agencies to widely publicize the information of this project by various means, solicit the opinions of affected people and consult with them about problems of common concern. The results of public participation and consultation provide evidence for the improvement of the resettlement plan.
[pic]
Fig. 9-1 soliciting the opinions and suggestions of affected people
9.1 Activities of public participation and consultation have been conducted
As for significant topics involved in the resettlement plan, the Project resettlement office will organize designing departments, advisory agencies, and local resettlement organizations to publicize information and to conduct consultation with affected people. Major activities of public participation and consultation that have been conducted so far refer to Table 9-1.
Table 9-1 Activities about the publicity and consultation of resettlement information
|Item |Time |Content that is |Participant |Organizer |
| | |publicized and consulted | | |
|1 |2010 12－2011 1 |Optimization of the |Designing Institute, Project resettlement |Project resettlement |
| | |design proposal of this |office, Resettlement Office of Panggong |office, Resettlement Office|
| | |project |Subdistrict, representatives of the village |of Panggong Subdistrict |
| | | |collective and affected persons | |
|2 |2011 3－2011 4 |Trend of the road |Project resettlement office, Resettlement Office|Project resettlement |
| | | |of Panggong Subdistrict, affected enterprises |office, Resettlement Office|
| | | |and public institutions; affected persons |of Panggong Subdistrict |
|3 |2011 5-2011 6 |Quantity of the |Project resettlement office, Resettlement Office|Project resettlement |
| | |relocation |of Panggong Subdistrict, representatives of the |office, Resettlement Office|
| | | |village and group collective and affected |of Panggong Subdistrict |
| | | |persons, Wuhan University | |
|4 |2011 5-2011 6 |Standard of the |Project resettlement office, Resettlement Office|Project resettlement |
| | |relocation |of Panggong Subdistrict, affected enterprises |office, Resettlement Office|
| | | |and public institutions, village collective, |of Panggong Subdistrict |
| | | |affected persons, Wuhan University | |
|5 |2011 5-2011 6 |Social impact of this |Project resettlement office, Resettlement Office|Project resettlement |
| | |project |of Panggong Subdistrict, affected persons, |office, Resettlement Office|
| | | |affected enterprises and public institutions, |of Panggong Subdistrict |
| | | |Wuhan University | |
|6 |2011 5-2011 7 |Resettlement means and |Project resettlement office, Resettlement Office|Project resettlement |
| | |the public aspiration |of all sub-projects, affected enterprises and |office, Resettlement Office|
| | | |public institutions, affected persons, Wuhan |of Panggong Subdistrict |
| | | |University | |
|7 |2011 5-2011 7 |Resettlement policies |Project resettlement office, affected |Project resettlement |
| | | |enterprises and public institutions, Wuhan |office, Resettlement Office|
| | | |University |of Panggong Subdistrict |
|8 |2011 5-2011 7 |Resettlement location |Project resettlement office, , affected persons |Project resettlement |
| | | | |office, Resettlement Office|
| | | | |of Panggong Subdistrict |
|9 |2011 5-2011 7 |Resettlement and |Project resettlement office, affected |Project resettlement |
| | |rehabilitation of |enterprises and public institutions |office, Resettlement Office|
| | |enterprises | |of Panggong Subdistrict |
|10 |2011 9-2011 11 |Transfer and Resettlement|Project resettlement office, affected villages |Project resettlement |
| | |apartment |and affected persons |office, Resettlement Office|
| | | | |of Panggong Subdistrict |
In July of 2011, Center for Involuntary Resettlement of Wuhan University conduct a questionnaire survey among affected persons through which the public can express their opinions and suggestions on the basis of early survey on real impact. This survey picks 87 households. For every family of them we will choose a member older than 15 and conduct questionnaire convey with him or her. The summary of this survey refers to Table 9-2.
Table 9-2 Summary sheet of public opinions and suggestions
|Content of the survey |Public opinions |Ratio of the |
| | |answerers to the |
| | |total (%) |
|1. whether you know the information of this | | |
|project or not? (multiple choice) | | |
| |very clear |41.38 |
| |Know a little, but not very clear |45.98 |
| |Know nothing |12.64 |
|2. whether you agree with the project or not? | | |
| |Pro |85.06 |
| |Against |2.30 |
| |Indifferent |12.64 |
|3. potential benefits from this project | | |
| |The traffic will be more convenient |87.36 |
| |The income will increase |94.25 |
| |The job opportunities will increase |90.80 |
| |The living condition will get improved |96.55 |
| |others |64.37 |
|4. potential harm of this project | | |
| |The traffic will be worse |13.79 |
| |The environment will be influenced |39.08 |
| |The income will decrease |10.34 |
| |others |17.24 |
|5. whether you know the compensation policies of | | |
|Xiangyang for relocation or not? | | |
| |Very clear |51.72 |
| |Not very clear |13.79 |
| |Know nothing |34.48 |
|6. what suggestions do you have about the | | |
|relocation? | | |
| |Decrease relocation |39.08 |
| |Decrease land acquisition |74.71 |
| |Make the local transportation more convenient |80.46 |
| |Take into consideration the security of residents along|79.31 |
| |the affected line when living and going out | |
| |Decrease the impact on environment during construction |77.01 |
| |Hire the local labor force |74.71 |
|7. what requirements do you have on the usage of | | |
|the land compensation and the labor resettlement | | |
|allowance? | | |
| |All the funds should be allocated to affected |89.66 |
| |households; the labor force seek for jobs by themselves| |
| |The funds should be controlled by the village |8.05 |
| |collective; conduct land adjustment | |
| |Some of the funds should be allocated to directly or |2.30 |
| |indirectly affected families; conduct land adjustment | |
| |All the funds should be given to affected persons; |9.20 |
| |establishing enterprises; no land adjustment | |
| |non-agricultural jobs should be provided |2.30 |
|8. what’s your aspiration as for the | | |
|resettlement? | | |
| |Unified planning and centralized rebuilding |86.21 |
| |Giving monetary compensation, buying houses by the |13.79 |
| |self. | |
Source of information: socio-economic survey of the World Bank Financed Xiangyang Urban Transport Project
By analyzing the statistical datas in Table 9-2, we can get the following conclusions:
First, more than 80 percent of the affected persons know this project, among which more than 40 percent know it very well. However, over 10 percent of the affected persons know nothing about the project. These datas show that the affected persons have gained a lot of knowledge about this project through the activities of public participation, but we still need to deepen their understanding of this project through all kinds of channels and ways in the future. Just like people’s knowledge of the project, over 85 percent of the affected persons support this project, 12 percent act indifferently and 2 percent don’t support. These datas show this project is welcomed by people of the affected areas.
Second, most people think this project will have positive impact on transportation, job opportunities and incomes, while some other people worry that the construction will disturb the residents and cause traffic problems. This survey helps resettlement organizations conduct targeted work in the next stage.
Third, in terms of resettlement, affected persons agree on the centralized resettlement in light of the rules of Xiangyang in their Panggong Subdistrict. More than 86 percent of them like centralized resettlement, and few people like monetary resettlement. This is consistent with the resettlement method that the resettlement office of this project plans to adopt. In terms of the appropriation and usage of the land compensation fund, about 90 percent of affected persons advocate direct monetary compensation, and some few propose the village collectives control part of the compensation and invest in programs for public good.
Above opinions collected from the public have been given full respect to when drafting the Resettlement Action Plan and resettlement policies adopt these suggestions and proposals.
9.2 Feedback to public participation and consultation
During May to October of 2011, Center for Involuntary Resettlement, Wuhan University conducted a survey on aspiration of affected persons for socio-economy and resettlement, summed up the opinions and suggestions from affected persons, feedbacked them to the units of engineering design, and took these opinions and suggestions into consideration when drawing the Resettlement Action Plan. Table 9-3 shows the feedback to the public participation and consultation.
Table 9-3 Informaiton about public participation, consultation and feedback in the World Bank Financed Xiangyang Urban Transport Project
|Problem |Reason and effect |Solution |
|Building of |Too concentrated resettlement sites will |Set three resettlement sites in Wangjiawa, Guanyinge |
|resettlement site |cause inconveniences to affected families. |Village and Yingpan Village, affected families can |
| | |choose any one of them as they like |
|Property right of |For reasons left over by history, some |Pay enough attention to the fact that the relocated |
|relocated houses |houses didn’t have complete property |area is a suburban area. All structures existing |
| |documents, which might lead to disputes of |before May 31st of 2011 will get compensation as |
| |compensation |licensed structures. And structures built after May |
| | |31st of 2011 will get no compensation. |
|Payment of land |Some affected persons worry that they cannot|Establish special account in Panggong Subdistrict |
|compensation |get the compensation funds, which will be |Office, the Xiangyang Construction Investment |
| |withheld and misappropriated by intermediate|Management Co., Ltd. will make a booklet about the |
| |links |information of confirmed compensation funds and grant|
| | |passbooks directly without any intermediate links. |
|Transition |Whether there is transition allowances for |For relocated families, the relocation subsidies |
| |the construction of resettlement sites; too |will be given to permanent residents as per RMB 100 |
| |long transition period will cause |Yuan/person. |
| |inconvenience to relocation households |For families who choose resettlement apartment, we |
| | |give a monthly transitional allowance of 100 yuan |
| | |per person. The transitional period starts from the |
| | |day when signing the relocation contract and will |
| | |last for 18 months. If the transitional period |
| | |exceeds the specified term within 1 year, the |
| | |transitional allowance will increase by 50 percent. |
| | |If the transitional period exceeds the specified |
| | |term for over 1 year, transition allowance shall be |
| | |paid twice of the specified standard. |
|Damages to |Project construction may have bad impact on |Try not to damage existing public utilities, repair |
|infrastructures |infrastructures like road and ditch |or improve the damaged public utilities during |
| | |construction in order to avoid any unnecessary |
| | |conflict. Fix or rebuild the damaged public utilities|
| | |and their substitutional facilities. |
|Noise pollution |Impact on the life of surrounding residents |While constructing, pay attention to the build green |
| | |belts on both sides of the road and build sound |
| | |barriers in special road to reduce the noise. |
|Compensation for | |Publicize relocation information as early as possible|
|operating losses |Economic losses of store proprietors by |so that proprietors can have enough time to deal with|
| |relocation |the influence of relocation; For demolished |
| | |non-dwelling structures, we conduct one-off payment |
| | |of relocation fee as per 5 Yuan/m2 and loss from |
| | |suspension as per 1.5% of the appraised value of |
| | |buildings. |
|Relations between |Lessees usually cannot get compensation for |Compensation funds will be delivered to different |
|property owners and |losses |people according to the ownership: house compensation|
|lessees | |to property owners, compensation for fitment and loss|
| | |of wages and profits to lessees. |
|Grievance and |How to easily express opinions and |Set up channels for complaint and feedback, like |
|suggestions |suggestions |complaint hotline and suggestion box. Establish |
| | |consultation system. Hold symposiums attended by |
| | |project offices, agencies, represents of village |
| | |committees and affected persons to discuss solutions |
| | |together. Strength external monitoring. |
At the beginning of November , 2011, PMO perfect resettlement policies on transfer and resettlement apartment for displaced households based on the appraisal opinions from the World Bank. PMO and Wuhan University disclosed the new policies in every affected villages. The new policies get stronge support from the affected persons.
9.3 Plan of consultation with affected persons in the next stage
With the carry out of the preparation and implementation of the project, the Resettlement Office of Xiangyang Urban Transport Project and the Resettlement Office of Panggong Subdistrict will conduct further consultative activities, which include:
● Affected persons’s opinions about engineering design
Before the construction, the Resettlement Office of Panggong Subdistrict will inform the affected persons along the relocated line of the engineering design and specific influences on them by various means. When the construction starts, the Resettlement Office of Xiangyang Urban Transport Project will make an on-the-spot survey along the relocated line and work with the village collectives and subdistrict offices there to determine the specific location and size of the structures. For issues people have different opinions about, the Resettlement Office of Xiangyang Urban Transport Project will reorganize the design department to modify the design on the premise that engineering standard is meet.
● compensation for the relocation households and its schedule of payment;
● how enterprises and public institutions can avoid influence and recover;
● how to recover the power and water supply of the affected places during construction phase;
● other problems that affected persons care about.
Schedule for consultation with affected persons by all resettlement offices refers to Table 9-4. The Resettlement Office of Xiangyang Urban Transport Project, resettlement offices of sub-project and subdistrict and neighborhood committees can hold mass consultative conferences non-regularly based on the problems requiring consultation and report to the project resettlement office. Apart from taking part in the consultation activities organized by the Resettlement Office of Xiangyang Urban Transport Project, monitoring departments will also conduct consultation with affected persons on other monitoring problems, collect their grievance and suggestions and provide monitoring information to resettlement departments of all levels.
Table 9-4 Time arrangement for consultation with affected persons
|Content of consultation |Time arrangement |Participating units |
|Opinions about engineering design |2011 11-2011 12 |the Resettlement Office of Xiangyang Urban Transport |
| | |Project, design department, independent monitoring |
| | |organizations |
|Resettlement means and specific |2011 12 －2012 2 |Resettlement Office of Xiangyang Urban Transport |
|implementing plan | |Project, design department, independent monitoring |
| | |organizations |
|Rehabilitation of power and water supply |Whole implementing period |Resettlement Office of Xiangyang Urban Transport |
| | |Project, resettlement offices of sub-project and |
| | |subdistrict, independent monitoring organizations |
|Problems occurring in the implementing |Whole implementing period |All resettlements, independent monitoring organizations|
|period | | |
|Collected suggestions and grievance |Whole implementing period |Monitoring department, Resettlement Office of Xiangyang|
| | |Urban Transport Project, resettlement offices of |
| | |sub-project and subdistrict |
9.4 Ways to participate in consultation during implementing phase
1．Direct ways
●Symposium with affected persons
By holding symposiums with representatives of affected persons or village cadres, centralize the problems that affected persons concern most, collect their suggestions and solicite advices from the subdistrict office and neighborhood committees.
● Consultative conference of enterprises and public institutions
Negotiate with the legal body or representative of enterprises about the relocation of enterprises and public institutions and the compensation for it, and reach final agreement with each other.
●Advisory meeting on the resettlement of sub-project
All sub-project resettlement offices holding separately the advisory meeting on the resettlement of sub-project; organizing a visit to resettlement sites by affected persons, making them know the resettlements sites, supporting facilities and their current situations; soliciting suggestions from affected persons; improving the Resettlement Action Plan; relocating people visiting affected families and signing the “resettlement and compensation agreement” after full consultation upon the conclusion of advisory meeting.
2．Indirect ways
The public express their grievance, opinions and suggestions to the neighborhood committees, resettlement departments of all levels and monitoring departments. Resettlement offices feedback their solutions according to the process.
9.5 Publicity of policies and the resettlement information Booklet
To make everyone understand the policies and implementing details about the resettlement of this project fully and timely, and to make the resettlement work really open, fair and transparent, resettlement organizations of all levels should adopt the following methods to guarantee the publicity of the policies on resettlement:
● Before January 31st of 2012, publicly announcing the policies and standards about resettlement of this project in media like the Chitin Express Newspaper and the Xiangyang Evening Newspaper;
● Cadres of all affected neighborhood committees or other public places publicizing such information as the influence, compensation rates, resettlement measures, ways of complaining and appealing of respective community;
● Before January 31st of 2012, distributing the Resettlement Action Plan of this project in subdistrictt office or other public places so that affected persons can read anytime they want;
● Distributing the Resettlement Action Plan to every affected family.
The Resettlement Action Plan will list out how much influence there is on every affected family, resettlement policies and compensation rates of this project, progress of the project, and the process of solving the grievance and appeals. The Resettlement Action Plan will be distributed to affected persons before the official launch of this project. The form refer to AttachmentⅡ.
10. Grievance and Appeals
Resettlement is a complicated work. As the relocation and resettlement involves a wide range of issues and concerns the vital interests of relocated people, affected persons will inevitably have some concerns about the resettlement and compensation during the implementing process, which come into being various grievance and appeals. To make sure the grievance can be solved quickly and satisfactorily, the World Bank Financed Xiangyang Urban Transport Project Resettlement Office will set up a transparent and simple procedure that can collect and solve the grievance and appeals so as to deal with the grievance objectively, justly and efficiently and to make sure the resettlement work can go smoothly.
10.1 Means of collecting grievance and appeals
1. By reports from Neighborhood committees or The Resettlement Office of Panggong Subdistrict, covering the grievance, project progress, measures and existing problems.
2. By construction daily report faxed by construction units to project owners, mainly by the facts of people influencing the construction from construction units.
3. By problems of coordinating resettlement found in inspections of the construction sites by project owners.
4. By related information from independent monitoring organizations.
5. By information from the agency sent by project owners.
6. By problems about related topics reflected in the inspection of auditing department and discipline inspection department.
7. By the expenditure of the resettlement funds collected from the funds appropriation lists of the bank.
8. By special investigations of internal monitoring.
10.2 Grievance and appeal procedure
●Phase 1
Affected persons can express their grievance to neighborhood committees or The Resettlement Office of Panggong Subdistrict in oral or written form. Oral grievance must be record in written form, and neighborhood committees and The Resettlement Office of Panggong Subdistrict must give definite reply in 2 weeks. If the issue is serious and needs the instructions of the superior resettlement offices, the neighborhood committees and the Resettlement Office of Panggong Subdistrict must try hard to get their reply in 2 weeks.
●Phase 2
If the replies are not satisfactory, the complainants can appeal to the sub-project resettlement office in 1 month after getting the resolution of Phase 1. The sub-project resettlement office must give resolutions to the appeals.
●Phase 3
If the affected persons are still not satisfied with the reply from the sub-project resettlement office, they can appeal to the Urban Transportation Project Resettlement Office of Xiangyang city in 1 month after getting the reply of Phase 2. The Urban Transportation Project Resettlement Office of Xiangyang City must give resolutions in 4 weeks.
● Phase 4
If the affected persons are still not satisfied with the reply of Phase 3, They can appeal to the civil court in 15 days after getting reply.
10.3 Principles of dealing with grievance
Resettlement offices of all levels should conduct field investigation to people’s grievance, fully solicit the opinions of the public, negotiate with the public repeatedly and patiently, put forward resolutions objectively and justly according to national laws and regulations, and the principles and standards of the Resettlement Action Plan. For grievance that failed to be solved, resettlement offices should report to superior resettlement organizations and help with their investigation.
Appealers can appeal if the organization in the previous stage failed to give reply within the stipulated time.
During the resettlement, women may have their special grievance and appeals. Therefore，the project office plans to hire a female staff to deal with women’s appeals for every resettlement group. The local governmental and non-governmental organizations such as the Department of Civil Affairs，Women’s Federation will also supervise the resettlement activities to guarantee the rights and interests of the affected persons, especially women.
10.4 Content and means of reply to grievance
10.4.1 Content of reply
● Brief introduction of the grievance of the complainant.
● Investigation of the grievance and its result.
● National regulations related to the grievance, principles and standards of the Resettlement Action Plan.
● Solutions and its specific basis.
● Complainants have right to appeal to superior resettlement organizations and the civil court and the costs will be paid by the project units.
10.4.2 Means of reply to grievance
● For some unique grievance, replies will be sent directly in written form to complainants.
● For some grievance frequently heard, we will inform the community they belong to by means of holding residents meeting or issuing announcements.
No matter what means is adopted, the reply materials should be sent to the resettlement organizations the complainants belong to.
10.5 Records and feedback of grievance and appeals
During the resettlement, relocation departments should register and manage the information of grievance and their solutions, and submit these information in written form to the Resettlement Office of Xiangyang Urban Transport Project, which will conduct regular inspection to the registration.
To completely record the grievance of affected persons and solutions to related problems, the Resettlement Office of Xiangyang Urban Transport Project draft the registration form of grievances and appeals about resettlement. The form refers to Table 10－1.
Table 10-1 Registration form of grievance and appeals about resettlement
|Receiving unit: | |Time: | |Place: | |
|Appealer’s name |Appeal |Required solution |Proposed solution |Real solution |
| | | | | |
|Appealer (signature) | | |Recorder (signature) | |
|Notes: 1. Recorder should record the grievance and requirements of appealers faithfully. |
|2. The process of appeal should not be disturbed and interfered by anything. |
|3. Appealers should be informed of the proposed solutions within the stipulated time. |
| |
The main content of this chapter will be publicized to the affected groups of this project and sent to every affected family household, enterprise and institution or store in the form of public publicity material before resettlement.
10.6 Contact information for grievance and appeals
All resettlement offices of sub-projects will arrange persons in charge of the reception of affected persons and collecting their grievance and appeals. The name of the persons in charge, the phones and address of the resettlement offices refer to Table 10－2.
Table 10-2 Organizations and staffs receiving grievance and appeals
|Resettlement organization |Contacts |Address |Phone |
|Xiangyang Urban Transportation |Hu Shuncheng |North Street 126, Xiangcheng Area, |0710—3611069 |
|Project Resettlement Office | |Xiangyang | |
|Resettlement Office of Panggong |Wang Cheng |Shengli Street 32, Xiangcheng Area, |0710－3513281 |
|Subdistrict | |Xiangyang | |
11. Resettlement Monitoring
11.1 Internal monitoring
11.1.1 Purpose of internal monitoring
Internal monitoring is continuously conducted by project owners and resettlement organizations to internally monitor the implementation of the Resettlement Action Plan by top-down management system, aiming at grasping the progress of resettlement comprehensively, timely and accurately, finding and solving problems and providing decisive evidences for the smooth conduct of resettlement work.
The purposes of internal monitoring are: to standardize and guide the internal monitoring work of those organizations related to the resettlement activities, including project owners and resettlement organizations of this World Bank financed project; make sure the resettlement work is strictly in accordance with the Resettlement Action Plan; make sure monitoring and evaluation activities are conducted orderly, standardly and efficiently so that related parties can be informed promptly the status of resettlement as well as find and correct the problems during the resettlement.
Internal monitoring should keep to the following principles: Periodically investigating, mastering and evaluating the implementing progress of the Resettlement Action Plan; carrying out accurate data acquisition and analysis to make sure the monitoring results are correct; scientifically, objectively and justly evaluating the implementing progress of the Resettlement Action Plan; reporting to project owners and the World Bank in time so that they can master the progress of the project timely and make scientific decision.
Functions of internal monitoring: internal monitoring is an important part of project internal management, aiming at grasping the resettlement activities; collecting, analyzing and sharing the progress of the resettlement activities, amount and information of funds and performances by establishing and using resettlement information management system; finding existing or potential problems; analyzing the reasons and putting forward suggestions to solve these problems.
Internal monitoring of the resettlement activities is conducted by project owners and resettlement organizations. Project owners are required to submit internal monitoring reports to the World Bank regularly.
11.1.2 Implementing process of internal monitoring
The internal monitoring can be divided into two phase: preparatory phase and implementing phase. Preparatory phase starts from the project identification period in the cycle of the World Bank Financed Xiangyang Urban Transport Project, going through project preparation, pre-evaluation and evaluation and ends at the project approval period. Implementing phase starts from the implementation of resettlement and ends at the realization of the goal of resettlement.
1. Preparatory phase of internal monitoring
Project owners and local government should establish a resettlement organization in the early stage of project preparation. Project owners should set up a specialized organization among themselves to take charge of the resettlement work. This organization must have capable employees to handle the resettlement work in order to provide complete and objective information and datas as well as help organizations in other fields take part in the resettlement work. Internal monitoring should start during the project preparation.
Preparatory work of project owners includes:
——organize trainings for project owners and staffs of resettlement implementing organizations concerning resettlement policies and experiences of the World Bank, national resettlement policies, resettlement planning, resettlement implementing and resettlement monitoring and evaluation;
—— hire professional organizations and experts to help with the drafting of the Resettlement Action Plan; conduct socio-economic investigation; make the Resettlement Action Plan with the help of professional organizations and experts;
—— set up resettlement information management system with the help of professional organizations and experts.
Preparatory work of resettlement organizations includes
—— sign detailed resettlement contracts with project owners;
—— set up or improve resettlement organizations of all levels and hire necessary staffs;
——organize trainings for staffs in resettlement organizations of all levels; work with project owners and other commissioned professional organizations to conduct socio-economic investigation and to make resettlement plan;
—— set up resettlement information management system.
2. Implementing phase
Subproject resettlement office should provide the Resettlement Office of Xiangyang Urban Transport Project with the implementing information and activity records of those sample households and sample units during implementing phase to conduct follow-up monitoring to resettlement activities. The Xiangyang Urban n Transportation Project Resettlement Office will carry out regular inspection to the Panggong Subdistrict and all affected neighborhood committees to verify the progress of information reporting.
During implementing phase, project owners should:
—— take charge of the resettlement activities according to the Resettlement Action Plan;
——submit a detailed internal monitoring report to the World Bank semiannually;
——promptly update statistical datas of resettlement implementation and improve the resettlement information management system.
11.1.3 Content of internal monitoring
Internal monitoring includes the following aspects:
● Organizing of organizations: establishment of the resettlement implementing organizations and related organizations and their division of labor; staff employment and capacity building of the resettlement organizations;
● Resettlement policies and compensation rates: formulating and implementation of resettlement policies; implementation of compensation for all kinds of influence ( permanent land acquisition, temporary land acquisition, relocation of houses, stores, enterprises and public institutions, and special facilities); special instructions on whether the Resettlement Action Plan is obeyed and reasons if any changes.
● Implementing schedule of relocation and resettlement: overall progress and annual progress; progress of resettlement organizations and their staffs; implementing progress of permanent and temporary land acquisition; implementing progress of adjustment, acquisition (or appropriation) and distribution of resettlement land ( including land for production, residency and public utilities); progress of house relocation; progress of rebuilding resettlement houses; progress of moving of displaced people; progress of building public utilities; progress of rehabilitation, relocation and rebuilding of special facilities; progress of other resettlement activities. Progress report of internal monitoring of relocation and resettlement refers to Table 11－1;
● Resettlement budget and its implementation: amount and time of gradual payment of resettlement funds; usage and management of resettlement funds by resettlement implementing organizations of all levels; amount and time of payment of compensation funds for affected owners of property (real estate), property owners and users of land (neighborhood committees and group); usage and management of compensation fee for village collective-owned land; supervision and audit of using funds. Internal monitoring report on progress of using funds refers to Table 11－2;
● Resettlement of production and employment: means and population of rural resettlement; employment resettlement of relocated people in enterprise, resettlement of vulnerable groups ( female families, elderly families, disabled families); rehabilitation of temporary acquisition land and its effects;
● Rebuilding of relocation houses and resettlement: means and direction of rural resettlement; forms of rebuilding houses; three supplies and one leveling of house sites; equipment and relocation of public utilities (water, electricity, road and commercial network);
● Rebuilding of enterprises and public institutions ‘facilities and all kinds of special facilities (electricity, water, communication, transportation, pipelines);
● Grievance, appeals, public participation, consultation, information disclosure, and external monitoring: channels, process and responsible organizations of grievance and appeals; effects of public participation and consultation; resettlement information booklet and its disclosure; independent monitoring organization and its activities and effects;
● Solvement of problems in memorandum book of the World Bank inspection tour;
● Existing problems and their solutions.
11.1.4 Internal monitoring methods
Internal monitoring, as conducted by the internal resettlement system to monitor the implementing process of the resettlement from top to bottom, requires to set up an information management system of resettlement implementation that is standard, unobstructed and from top to bottom between project owners related to the resettlement implementation and resettlement organizations of all levels so as to follow-up reflect the progress of resettlement implementation. Relocation departments of all levels should use the information management system to report bottom-up the schedule, funds and effects of the implementation as well as handle and analyze these information.
The Resettlement Office of Xiangyang Urban Transport Project has set up a perfect information management system which can memorize and manage all kinds of data information of the implementation activities comprehensively, timely and accurately.
Based on the project implementation, this project will adopt the following several methods to conduct internal monitoring:
1．Normalized system of Statistical Report
The project owners should formulate unified reports according to the requirements of the resettlement implementation, which is required to reflect the progress of resettlement fund appropriation and the completion status of the relocation. The reports should be regular monthly reports submitted from bottom to up when appropriating funds at the end of every month so that the project owners can master the project schedule through the status of fund appropriation.
2．Regular and Non-regular Report
Resettlement organizations should take various forms to exchange with each other the problems occurred in the progress of resettlement and put forward proposal to handle these problems.
3．Regular Joint Meeting
At the beginning of every month, the Resettlement Office of Xiangyang Urban Transport Project will hold a resettlement coordination meeting, during which members of sub-project resettlement offices will report the project schedule and problems, exchange their working experiences or study the measures to handle these problems.
4．Inspection
The Resettlement Office of Xiangyang Urban Transport Project will conduct both conventional and unconventional inspection to the work of subordinate resettlement organizations, further investigate and on-site deal with resettlement problems, and verify the working schedule and the implementation of resettlement policies.
5．Information exchange with independent monitoring organizations
Project owners and local implementing organizations should keep in constant contact with independent monitoring organizations to exchange information with them and consider the findings and evaluation opinions of independent monitoring organizations as reference.
6．Survey
Project owners conduct surveys by combining questionnaire and door-to-door interview to inspect the implementing status of the resettlement. The survey on households will adopt sampling method by extracting a certain amount of households or collective units, studying their resettlement status by reports, reflecting the fulfilling degree of compensation funds and relocation fees to see whether resettlement is strictly implemented in accordance with the Resettlement Action Plan. Complete survey will be conducted on enterprises and public institutions.
The Resettlement Office of Xiangyang Urban Transport Project will conduct the first survey after displaced people get the first compensation funds. After the first survey is conducted, the Resettlement Office of Xiangyang Urban Transport Project will adopt improvement measures to solve the problems reflected by the survey results and complaints and also follow-up investigate the implementing status of these improvement measures. Follow-up survey will adopt non-regular questionnaire means to follow-up investigate the resettlement of labor forces, land readjustment and settlements of complaint problems, and also collect suggestions in public consultation and house choosing.
Table 11-1 Progress of land acquisition
Reporting unit:_____________________Date: ________/____/______(Year/Month/Day)
|Resettlement activities | |Planned |Completed |Cumulative completed |Ratio to the |
| |Unit |quantity |quantity |quantity |total(%) |
|Permanent land acquisition |mu | | | | |
|Temporary land acquisition |mu | | | | |
|Housing relocation |㎡ | | | | |
|Including: private residence |㎡ | | | | |
|stores |㎡ | | | | |
|Houses of enterprises and public |㎡ | | | | |
|institutions | | | | | |
|Land compensation |10 thousand | | | | |
|Payment of housing relocation fees |10 thousand | | | | |
|Rebuilding of residences |㎡ | | | | |
|Rebuilding of stores |㎡ | | | | |
|Rebuilding of houses of enterprises and|㎡ | | | | |
|public institutions | | | | | |
Author: Responsible person signature: Seal
Table 11-2 Progress of use of funds
________district_________town (street) __________village (community) date _/____/______ (year/month/day)
|Affected unit |Brief |Quantity |Requisite |Compensation funds |Cumulative |Obtained funds |
| |description |(unit) |funds |obtained in |obtained |in proportion to|
| | | |(Yuan) |reporting period |compensation|total |
| | | | |(Yuan) |funds |compensation |
| | | | | | |funds(%) |
|vallage(NC) 1 |collective | | | | | | |
| |Households | | | | | | |
|vallage(NC) 2 | collective | | | | | | |
| |Households | | | | | | |
|Stores | | | | | | |
|Enterprises and institutions | | | | | | |
|Public utilities | | | | | | |
Author: Responsible person signature: Seal:
11.1.5 Internal monitoring organizations and personnel arrangement
Staffs of implementing organizations involved in monitoring see Table 11-3.
Table 11-3 Staffs of implementing organizations in internal monitoring
|Resettlement organizations |Constant staffs |Total staffs in peak hours |
|Xiangyang Urban Transportation Project Resettlement |3 |5 |
|Office | | |
|Resettlement Office of Panggong Subdistrict |5 |10 |
11.1.6 The cycle of internal monitoring and report
Internal monitoring is a continuous process, during which there must be at least one overall monitoring in every quarter; in the critical period of relocation, monitoring will be conducted more frequently.
During project preparation, internal monitoring organizations will work with the World Bank to draw up regular or non-regular internal reports, whose forms will be based on the requirements of the World Bank and differ according to the project and phase. After implementing the resettlement, projects with large impact should have brief weekly and monthly reports and detailed quarterly, semiannual and annual reports, while projects with small impact should have brief quarterly reports and detailed semiannual and annual reports. Special reports should also be given according to the requirements of the project management. A final report is required upon the finishing of the project. Internal monitoring reports are given by resettlement organizations at all level to People’s Government at the same level, resettlement organizations and project owners at a higher level. The project owners should submit an internal monitoring report to the World Bank semiannually.
11.2 External monitoring
According to the requirements of the World Bank, during the implementing period of this project, the Resettlement Office of Xiangyang Urban Transport Project will choose an organization as the independent monitoring organization of this project by wide range of comparison and selection. This organization must have engaged in related work for more than five years with rich relevant experience.
11.2.1 Purpose of external monitoring
External monitoring and evaluation is to get comments on resettlement from organizations independent from the government departments. The purposes of external monitoring are: verifying the implementation of the Resettlement Action Plan by taking an extensive and long-term view, monitoring and evaluating whether the goals of land acquisition, resettlement and relocation are achieved, putting forward suggestions, taking remedial measures and tracking the result to guarantee the implementation of the resettlement work.
External monitoring will track the relocation and resettlement activities to monitor and evaluate whether the resettlement has achieved the following effect:
1. Follow the relevant national laws and regulations of resettlement;
2. Follow the relevant policies of the World Bank on involuntary resettlement;
3. Make the life and production of affected persons recover to or exceed the level before resettlement;
11.2.2 Independent monitoring organization and its staffs
Staffs in independent monitoring organization must have the following qualifications:
1. Staffs in independent monitoring organization must have done similar jobs before with rich experiences in socio-economic survey, understand the requirements of the World Bank in terms of involuntary resettlement policy and know well the national and local policies and laws on resettlement.
2. These staffs must be able to conduct social investigations independently, endure hardships and work hard with good communication and exchange quality.
3. Among these staffs there must be some female staffs for external monitoring.
11.2.3 Responsibilities of independent monitoring organization
Independent monitoring organization should take charge of the following activities:
● Before the resettlement, independent monitoring organization should conduct benchmark survey on the living standard of affected persons to well know the basic situation of their life and production.
● During the resettlement, independent monitoring organization should follow-up monitor the implementation of resettlement. It should collect the suggestions and grievance of affected persons, then inform the Resettlement Office of Xiangyang Urban Transport Project and local resettlement offices, and submit monitoring report to the Resettlement Office of Xiangyang Urban Transport Project and the World Bank.
● Independent monitoring organization should follow up to investigate the changes in the life and production of affected persons and evaluate the resettlement activities and measures.
● On the basis of investigation and full consultation with affected persons, independent monitoring organization should put forward constructive suggestions to the Resettlement Office of Xiangyang Urban Transport Project and local resettlement offices to make sure the resettlement work can be carried out smoothly and the life and production of affected persons can be recovered as soon as possible.
11.2.4 Methods and steps of external monitoring
Independent monitoring organization will adopt the following methods to monitor the resettlement work:
1. On the basis of resettlement survey, independent monitoring organization will set up a data base of affected population and carry out constant door-to-door interviews. The organization will also make use of the information of the socio-economic survey and the resettlement information management system set by the project office to dynamically manage the basic situation of those relocated households and to well know the condition of displaced people. While taking advantage of the data base, conducting door-to-door interviews among affected households, knowing the progress of the resettlement work, listening to affected persons’s grievance, complaints and suggestions, the independent monitoring organization will also inform the affected persons of relative national policies, requirements of the World Bank and information of engineering construction.
Independent monitoring organization will conduct door-to-door interviews independently without company of staffs in local resettlement organization and local administrators after getting the list and related information of affected persons from primary-level organizations. When doing so, the interviewers should be fixed to a large extent, that’s to say, one interviewer on one affected district, which will help establish a relationship of mutual trust between interviewers and affected persons and is to the benefit of the resettlement work.
2. In the area with dense affected persons, independent monitoring organization will hold non-regular symposiums to listen to the opinions of affected persons with regard to vital problems. The symposiums can be either formal or informal; can invite staffs in resettlement organizations at primary level or not: depending on the specific condition then.
3. Site observation. Staffs of independent monitoring organization will visit the resettlement sites regularly or non-regularly and observe the resettlement progress on site.
4. Case study. Independent monitoring organization will focus on analyzing some certain outstanding case occurred in the process of resettlement, analyze the root cause of the problem, find solutions and give opinions for reference.
5. Questionnaire survey. Independent monitoring organization will conduct sample survey on the rehabilitation of life and production of displaced people and their opinions of the resettlement work, and analyze the results promptly.
11.2.5 Main content of external monitoring
(1) Monitoring of the affected enterprises and public institutions
Independent monitoring organization will follow-up monitor the resettlement condition of affected enterprises and public institutions by means of phone tracking visit and case study. The main concerns include the following aspects:
• Whether the time arrangement for the relocation and resettlement is rational;
• Whether enterprises get compensation;
• Whether staff and workers get well arranged resettlement;
• Whether production of enterprises can be recovered in time;
• Whether there are affected enterprises transferring impact to staff and workers;
(2) Monitoring of the Relocation Households
This project involves both urban and rural relocation work. The independent monitoring organization will emphasize on monitoring the resettlement for those affected persons and the main monitoring indexes will focus on the following aspects:
• Whether the compensation rate of house and other attachments to ground abides by the principle of replacement cost;
• Whether compensation funds are allocated in time and in full;
• Whether the choosing of house site for building new house is determined by consultation;
• Whether the time arrangement for relocation is reasonable;
• Whether transition allowance and relocation fee are paid;
• Whether compensation for subsistence is discounted;
• Whether infrastructures of water, electricity, heat and road in the new resettlement houses are equipped and who is responsible for providing these;
• Whether it is convenient to go to the hospital or school from the new resettlement house
(3) Monitoring of the resettlement of production
Based on the characters of the affected land and its operation, independent monitoring organization will focus on the following aspects to monitor the resettlement of production:
• Whether compensation rates of various acquisition lands are in accordance with national laws;
• Whether the process of paying land compensation can make sure all affected villages and groups can get their deserved compensation funds;
• Whether the quantity of requisitioned land, compensation rate and compensation fund are publicized within the whole village and in which form;
• How to decide the scope if the land compensation is directly delivered to individual;
• Whether there is definite and feasible plan about the centralized use of land compensation;
• Whether the plan of using land compensation has taken the opinions of interest-related villagers in account and how to decide the final plan;
• How to distribute the profit from using the land compensation and how to guarantee the real economic interests of affected labor force;
(4) Monitoring of the operation of resettlement organizations
Capable, professional and efficient resettlement organizations are reliable guarantee of smooth progress of resettlement work. Monitoring the operation of resettlement organizations is also an important part of external monitoring. The monitoring of resettlement organizations is mainly by means of visiting resettlement organizations and inspecting their information and records, which includes:
• Whether staffs in resettlement organizations of all levels can meet the demands of resettlement work;
• Whether resettlement organizations of all levels have the necessary working conditions;
• Whether staffs in resettlement organizations are qualified enough to meet the requirements of resettlement work;
• Personnel training of resettlement organizations;
• Internal information management of resettlement organizations.
(5) Monitoring of vulnerable groups
Vulnerable groups need special careness and attention not only from resettlement organizations, but also from independent monitoring organizations. Independent monitoring organization will follow-up monitor the vulnerable groups among those affected persons of this project by means of door-to-door interview, questionnaire survey, case analysis. The main indexes of monitoring are:
• What special preferential policies vulnerable groups enjoy during the resettlement;
• Whether needy families among urban affected residents can afford to the new houses;
• Whether affected rural needy families get help during the relocation;
• Measures taken to recover the resettlement of production of affected rural needy families;
• Whether resettlement measures fully consider the special demands of affected women;
• Whether vulnerable groups, especially women, get employment opportunities related to the project; how many vulnerable people are employed in the construction project;
• Whether there are women staffs in charge of women affairs in resettlement organizations.
(6) Benchmark survey on the living standard of affected persons
Before the official implementation of resettlement, independent monitoring organization will collect basic and standard resettlement information of the World Bank Financed Xiangyang Urban Transport Project by means of sample survey, which will be conducted in the form of structural questionnaire survey. The sample survey will take all affected families involved in the socio-economic research in the project preparation phase as sample database and conduct stratified sampling. The sampling proportion of the living standard benchmark survey is 10－20%
The benchmark survey on the living standard of affected persons includes the following main content: size of the family, production and management, housing construction area, employment structure, annual household expenditure, transportation condition, water supply, power supply, heat supply, dwelling environment, and subjective evaluation of the production and living conditions.
(7) Monitoring and evaluation of the resettlement effect
After the official implementation of the resettlement, independent monitoring organization will follow-up monitor the resettlement effect continuously.
Independent monitoring organization will conduct follow-up survey to those affected families after half a year upon resettlement. The follow-up survey, similar to the living standard benchmark survey, will be conducted by means of sample survey and through structural questionnaire survey to reflect the impact of resettlement on the life and production of respondents so as to evaluate the effect of resettlement.
The choose of follow-up survey sample should be the same with that of the living standard survey by principle and the follow-up survey should track the objects of the living standard benchmark survey as much as possible. Upon the conclusion of the living standard benchmark survey, all the samples should be collected into a data base as the basis of the follow-up survey. With regard to few respondents that are difficult to track survey because of various factors, we will refer to the data base of the early socio-economic survey and use similar affected family in the same community as substitute respondent.
The follow-up survey should be well coordinated with the living standard baseline survey in order to compare and analyze the changes in life and production of the affected families before and after resettlement, and at the same time to consult the opinions of affected persons about the resettlement work, which can be referenced when evaluating the resettlement work.
11.2.6 External monitoring report system
Independent monitoring organization writes external monitoring reports based on observation and information by research for two ends: on one hand, to reflect objectively the progress and problems of resettlement work to the World Bank and relative project owners; on the other hand, to evaluate the socio-economic effect of the resettlement and to provide constructive suggestions so as to improve the resettlement work.
The reporting cycle of independent monitoring organization to the World Bank and the project owner:
●Before July 31st of every year, submit an annual mid-term monitoring report on resettlement status of the first half of the year;
●Before January 31st of every year, submit an annual monitoring report;
●After half a year upon the conclusion of resettlement work, submit a comprehensive post-resettlement appraisal report.
Regular monitoring report should at least contain the following aspects: 1) the monitoring object of the report; 2) the progress of the resettlement work; 3) the major discoveries of the monitoring organization; 4) major problems; 5) comments and opinions of independent monitoring organization.
Independent monitoring organization should submit report to project office and resettlement experts of the World Bank in both Chinese and English version. Before official submit, the independent monitoring organization should inform the resettlement office, ask for their opinions and exchange ideas in the content and form of the report.
12. Entitlement Matrix
|Categories of |Affected Object |Resettlement and recover policies |Compensation rate |
|effect | | | |
|Land | Village(NCs) |●The compensation rate for requisitioned land is based on the integrated land price . |The land acquisition of collective-owned land follows the |
|acquisition | |●Compensation funds for cultivated land, young crops and attachments to ground on collective-owned land belong to the property |policy of integrated land price. The land price of the |
| | |owner. |district of Wangjiawa Neighborhood Committee is RMB |
| | |●The compensation funds for collective-owned land will be directly appropriated to the account of the relocated village through |70,000Yuan/mu, while the land price of other districts is |
| | |special bank account by the Resettlement Office of Xiangyang Urban Transport Project. |RMB 50,000Yuan/mu. Land compensation fee accounts for 1/3 |
| | |●The peasants with land requisitioned will obtain 70% of resettlement fee and land compensation fee for requisitioned land. |of the integrated land price, while resettlement fee |
| | |●The rest of compensation fund shall be used as social security premiums for villagers who are willing to participate in the |accounts for 2/3. |
| | |social security program, or directly distributed to villagers who are unwilling to participate in this program. The rest of the |The compensation rate for green crops on the cultivated |
| | |compensation fund shall be mainly used for public utilities of the village collective after the consultation through villagers’ |land is one time of the annual output value, i.e. RMB |
| | |congress. The distribution and use of land compensation fee and resettlement fee shall be supervised and audited by authorities.|2,200Yuan/mu. |
| | | |Shed: 50Yuan/m2. |
| | |●Usage of land compensation fund of the village will be supervised and audited by authorities. Specific usage of it will be |Hoggery: 70Yuan/m2. |
| | |determined by negotiations of the villager congress, mainly used for public utilities of the village collective. |Toilet: 100 Yuan per one |
| | | |Hencoop: 30 Yuan per one |
| | | | |
| |Land operator |●Affected lessees will get all the compensation for young crops and attachments to ground on requisitioned land. | |
| | |●In case the per capita cultivated land area is below 0.1mu after land acquisition, the identity of peasants can be transformed | |
| | |into urban residents and incorporated into the minimum living allowance system of urban residents after the application of | |
| | |villagers’ committee, verification of civil affairs, land and resources department, district government and township government,| |
| | |and approval of city government. Those peasants, who can meet the conditions of minimum living allowance system as confirmed by | |
| | |civil affairs department, shall be granted the minimum living allowance as stipulated in the law. | |
|Land |State-owned land|Experienced and qualified appraisal agency will be employed for appraisal according to the Standard Urban Land Price in |Zhakou 2nd Road |
|acquisition |user |Xiangyang City issued by the People’s Government of Xiang Yang, and then relevant compensation rates will be formulated. |Commercial land: 2,979Yuan/m2 |
| | | |Residential land: 2,363Yuan/m2 |
| | | |Industrial land: 699Yuan/m2 |
| | | |Xingguang Avenue |
| | | |Commercial land: 2,289Yuan/m2 |
| | | |Residential land: 1,467Yuan/m2 |
| | | |Industrial land: 580Yuan/m2 |
| | | |Jianghua Road |
| | | |Commercial land: 2,187Yuan/m2 |
| | | |Residential land: 1,591Yuan/m2 |
| | | |Industrial land: 580Yuan/m2 |
| | | |Xiangyang Road |
| | | |Commercial land: 1,944Yuan/m2 |
| | | |Residential land: 1,198Yuan/m2 |
| | | |Industrial land: 567Yuan/m2 |
|House |Residents of |●The compensation fund for demolished buildings on state-owned land is composed by land price of housing site and replacement |Frame structures: |
|demolition on |communities in |price of housing. Land price shall be evaluated and determined by qualified appraisal agency according to the Standard Urban |More than 10 floors: 1,300-1,200Yuan/m2 |
|state-owned |demolished city |Land Price in Xiangyang City issued by the People’s Government of Xiang Yang. The replacement price of housing shall follow the |7-10 floors: 1300Yuan/m2 |
|land | |standards specified in File No. 59 of Xiangyang Bureau of Commodity Price in 2008. |Less than 6 floors: 1,200Yuan/m2 |
| | |●The compensation rate of non-residence houses is based on that of the residence houses at the same structural level plus 40 |For brick and concrete structures: |
| | |percent. |A class: 902Yuan/m2 |
| | |●The compensation fund for interior and exterior decoration shall be evaluated and determined by appraisal agency according to |B class: 812Yuan/m2 |
| | |the used materials and qualities. |C class: 731Yuan/m2 |
| | | |D class: 657Yuan/m2 |
| | | |For brick and wood structures: |
| | | |A class: 812Yuan/m2 |
| | | |B class: 650Yuan/m2 |
| | | |C class: 520Yuan/m2 |
| | | |D class: 416Yuan/m2 |
| |Lessee |●Get relocation fees and facilities compensation fees. | |
| | |●Enjoy priority in leasing on the same condition. | |
|House |Rural resident |●The relocated families can choose monetary compensation or resettlement apartment. |The monetary compensation rates are: for brick and concrete|
|demolition on |with house |●The compensation fund for interior and exterior decoration shall be evaluated and determined by appraisal agency according to |structures, the A class will get 820 Yuan/m2 per square |
|collective-own|demolished |the used materials and qualities. |meter, the B class738 Yuan/m2/m2, the C 664 Yuan/m2, and |
|ed land | |●Resettlement apartments are all provided by Xiangyang Construction Investment Management Co., Ltd. The rates of the |the D 598 Yuan/m2; for brick and wood structures, the A |
| | |resettlement apartments will be 33 m2 per person. One-child family will get extra 33 m2. |class will get 738/m2 Yuan per square meter, the B class |
| | |●Families with house demolished can not only get resettlement houses with calculated area based on the rates for returned |590 Yuan/m2, the C class 472/m2 and the D class 378 |
| | |houses, but also can buy houses with area not exceeding the one before relocation. For the area that exceeds calculated area by |Yuan/m2. |
| | |20m2, families only pay 950 Yuan/m2; for the rest area, families should pay according to the price of economically affordable | |
| | |housing in the location.If the relocated area is less than the calculated area of returned house, families with house relocated | |
| | |can buy the calculated area of returned house at a favorable price of 820 Yuan/m2. | |
| | |●For relocated families, the relocation subsidies will be given to permanent residents as per RMB 100 Yuan/person. | |
| | |●All the resettlement work by returned houses should be done six months before closing of the project; and the transitional | |
| | |period for relocated families who choose resettlement apartment must not exceed 2 years. During the 18-month transitional period| |
| | |since the day when signing the contract for house demolishing, a transitional fee as per 100 Yuan/month/person will be paid, | |
| | |exceeding 18 months, the rate will be 150 Yuan/month/person. | |
| | |●For those relocated households, one-off payment will be given to adults who are over 18 years old as per RMB 50 Yuan/person/day| |
| | |for delay of working time for 15 days. | |
| | |●For s ancillary facilities of demolished houses, we give compensation to all affected persons according to the statistical | |
| | |result. | |
| |Vulnerable |●The vulnerable families enjoy priorities to be listed into the economically affordable housing buyers so that their | |
|Vulnerable |families |resettlement houses are guaranteed. | |
|group | |●For those poor families who enjoy minimal assurance, if the compensation fund cannot afford to pay for the resettlement houses,| |
| | |we will provide resettlement houses for them as per 20㎡ per capital. | |
| | |●For vulnerable families who are willing to choose low-rent houses, we will arrange them into the annual plan of low-rent | |
| | |housing through local communities. | |
| | |●The vulnerable families enjoy priority in choosing the area, room type and location of the resettlement houses. | |
| | |●Resettlement offices at different levels are responsible for arrange manpower to help vulnerable families with their | |
| | |relocation. | |
| | |●The Resettlement Office of Xiangyang Urban Transport Project has set up a resettlement fund of 500,000 Yuan for vulnerable | |
| | |people to give specialized assistance to vulnerable families in need. We give 10,000 Yuan of subsistence allowance to each | |
| | |relocated family who is incorporated into the minimum livelihood guarantee system or has disabled family member. For those who | |
| | |are both in minimum living and have disabled member, the subsistence allowance will be 20,000 Yuan. | |
|Enterprise and|Enterprises and |●We give monetary compensation to affected units for rebuilding the houses by themselves. |For stores holding operating certificate, the compensation |
|institution |public |●Compensation funds for the demolished buildings are determined by the covered area, structure and grade evaluated by |rate is added by 40% based on that of the residential |
|with house |institutions |professional assessment organizations. |houses in the same structure. |
|demolished | |●The compensation rate of non-residence houses is based on that of the residence houses at the same structural level plus 40 |Compensation funds for exterior and interior decoration and|
| | |percent. |fitment are determined by appraisal agency according to the|
| | |●Compensation funds for exterior and interior decoration and fitment are determined by appraisal agency according to the used |used materials and quality. |
| | |materials and quality. |Relocation fee and installation subsidies shall be paid at |
| | |●Operators of the relocation market enjoy priorities in gaining rights of operating and leasing in the newly built market. |a time for demolishing non-residential buildings as per RMB|
| | | |5 Yuan/m2. If the project involves the relocation and |
| | | |installation of large-scale machinery and equipment, the |
| | | |relevant fees shall be evaluated by qualified asset |
| | | |appraisal agency, or paid to the requisitioned party at the|
| | | |actual cost. |
| | | |When demolishing non-residential buildings, one-off payment|
| | | |shall be made to compensate the loss of business suspension|
| | | |as per 1.5% of estimated value of the building. |
|Demolished |Property owner, |●For stores holding operating certificate, the compensation rate is added by 40% based on that of the residential houses in the | |
|Store |lessee |same structure. | |
| | |●Compensation funds for exterior and interior decoration and fitment are determined by appraisal agency according to the used | |
| | |materials and quality. | |
| | |●Relocated enterprises and public institutions build new shop fronts and commercial houses behind the affected one after | |
| | |demolition; the previous lessees enjoy priority in leasing. | |
| | |●The relocation fee, transition allowance, and fitment compensation fee after evaluation belong to the lessee and the | |
| | |construction compensation belongs to the property owner. | |
|Unlicensed |Structure user |All structures existing before May 31st of 2011 will get compensation as licensed structures. And structures built after May | |
|Structures | |31st of 2011 will get no compensation. | |
|Attachment to |Unit or |Give direct compensation to the owner according to regulated rate. |Water well: 300-600 Yuan each |
|ground |individual with | |Water reservoir and septic tank: 50Yuan/m3 |
| |property right | |Red-tile thermal shield: 180Yuan/m2 |
| | | |Red-tile thermal shield: 90Yuan/m2 |
| | | |Asbestos-tile thermal shield: 120Yuan/m2 |
| | | |Asbestos-tile thermal shield: 50Yuan/m2 |
| | | |Fence: 15-75Yuan/m2 |
| | | |Air-conditioner disassembly fee: 200Yuan each |
| | | |Water heater disassembly fee: 150-250Yuan each |
| | | |Water meter: 300Yuan each |
| | | |Two-phase electric meter: 480Yuan each |
| | | |Three-phase electric meter: 2000Yuan each |
| | | |Electric pole: 120-240Yuan each |
| | | |Fixed phone: 280Yuan/set |
| | | |Broadband: 350Yuan/wire |
| | | |Cable TV: 400Yuan each |
| | | |Fruit trees with fruits: 80Yuan each |
| | | |Fruit trees without fruits: 20Yuan each |
| | | |Timber: 10-50Yuan each |
Annex I. List of Affected Families’ Relocation Area
Unit/m2
|Subproject |Serial number |
|Land compensation | |
|House compensation | |
|Compensation for attachments to | |
|the ground | |
|Compensation for infrastructures |The Compensation rate accords with the replacement cost of the infrastructure or |
| |negotiated price |
The compensation rate for land acquisition and house demolition is determined according to the national laws and regulations and policies of the World Bank on involuntary resettlement on the basis of comprehensive research and investigation, aiming at recovering and improving the life of the affected persons after resettlement as soon as possible.
III. Impact on Your House (Enterprise)
|Items |Quantity |Compensation Rate |Deserved Compensation |Remark |
| | | |Fund | |
|1 | | | | |
|2 | | | | |
|3 | | | | |
|4 | | | | |
|Total | | | | |
IV. Predicted Schedule of the Project
|Item |Time |
|Release the announcement of land acquisition | |
|and house demolition | |
|Pay the compensation fund | |
|Requisition land and demolish houses | |
|Move into new houses | |
|Engineering Preparation | |
|Engineering construction | |
V. Right and Obligation of Affected Persons
1. Right of Affected Persons
The affected persons can get all the compensation fund based on above compensation rate and make suggestions step by step, from the registers’ committees, sub-district office to the Resettlement Office of Xiangyang Urban Transport Project. The specific suggestions include the following aspects: the quantity, basic value, rate and payment time of compensation and the choices of location for reconstruction. All resettlement offices must give reply to the grievance from affected persons or status reports from subordinated resettlements offices in 15 days after receiving them.
2. Obligation of Affected Persons
●Be cooperative with the project construction.
●Don’t build new constructions within the scope of investigation after relocation investigation. Otherwise, the affected persons will get no compensation.
●Remove the constructions in the transportation field by yourself.
VI. Assistance to Vulnerable Families
Vulnerable families will get the listed assistance below:
● Financial aids. During the period of relocation, the resettlement committees of this project will give assistance to those vulnerable families.
● The vulnerable families can be listed into the economically affordable housing buyers in priority.
● For those poor families who enjoy minimal assurance, if the compensation fund cannot afford to pay for the resettlement houses, we will provide resettlement houses for them as per 20㎡ per capital.
● Arrange the vulnerable families who are willing to choose low-rent houses into the year plan of low-rent housing through local communities.
● The vulnerable families enjoy priorities in choosing the covered area, room type and location of the resettlement houses.
VII. Grievance and Appeals
Any grievance for the resettlement work, you can appeal by below process:
Phase 1
Affected persons can express their grievance to neighborhood committees or The Resettlement Office of Panggong Subdistrict in oral or written form. Oral grievance must be record in written form, and neighborhood committees and the Resettlement Office of Panggong Subdistrict must give definite reply in 2 weeks. If the issue is serious and needs the instructions of the superior resettlement offices, the neighborhood committees and the Resettlement Office of Panggong Subdistrict must try hard to get their reply in 2 weeks.
Phase 2
If the replies are not satisfactory, the complainants can appeal to the sub-project resettlement office in 1 month after getting the resolution of Phase 1. The sub-project resettlement office must give resolutions to the appeals.
Phase 3
If the affected persons are still not satisfied with the reply from the sub-project resettlement office, they can appeal to the Urban Transportation Project Resettlement Office of Xiangyang city in 1 month after getting the reply of Phase 2. The Urban Transportation Project Resettlement Office of Xiangyang City must give resolutions in 4 weeks.
Phase 4
If the affected persons are still not satisfied with the reply of Phase 3, They can appeal to the civil court in 15 days after getting reply.
VIII. Land Relocation Institution
●Resettlement organization at municipal-level
Urban Transportation Project Resettlement Office of Xiangyang City
Location: North Street, 126, Xiangcheng District, Xiangyang
Phone: 3611069
●Subdistrict resettlement institution
Resettlement Office of Panggong Subdistrict
Location: Shengli Street, 23
●Independent Monitoring Organization：Center for Involuntary Resettlement, Wuhan University
Location: Economics and Management School of Wuhan University, 430072
Phone: 027-68752611
IX. Power of Interpretation of The Booklet
The Resettlement Office of Xiangyang Urban Transport Project has the power of interpretation of this booklet.
Thank you!
Xiangyang Urban Transportation Project Resettlement Office
December, 2011
Annex III. Resettlement Responsibility Report of East Section and West Section of South Line of Inner Ring Road in Xiangyang
I. Project Information
Road Network Improvement Sub-project, as an important part of the World Bank Financed Xiangyang Transportation Project, is divided into two phases. Five roads are first planned and constructed in the Road Network Improvement Sub-project：Xingguang Avenue, Jianghua Road, Xiangyang Road, Zhakou 2nd Road and the eastern section of south line of Inner Ring Road. The eastern section of south line of Inner Ring Road, a component of the Inner ring Road of Xiangyang, has entered the implementing phase of land acquisition and house demolition prior to other road network sub-projects in accordance with the overall plan of the Inner ring Road’s construction and has completed its land acquisition and house demolition when other road network sub-projects are preparing for the resettlement plan. Based on this fact, the World Bank Delegation asked the Resettlement Office of Xiangyang Urban Transport Project to summit a responsibility report on resettlement of the eastern section of south line of Inner Ring Road to make sure the resettlement there is in accordance with the relevant laws and regulations of P.R.China, Hubei Province and Xiangyang City and also the security policies of the World Bank.
At the same time, the west section of south line of Inner Ring Road, directed linked to the eastern section of south line of Inner Ring Road, is under construction and has been set as a relevant project after checked by the World Bank. The land acquisition and house demolition of the west section of south line of Inner Ring Road was started in June, 2009 and finished in December, 2010, and now the engineering construction is underway. The affected families have been resettled in new resettlement houses in batches, among which the last one was finished in April, 2011. Thus, this responsibility report also reflects the resettlement work of west section of south line of Inner Ring Road.
The south line of Inner Ring Road starts at K13+000 and ends at K25+000, with a total path of 11.979 kilometers. The eastern section of the south line of Inner Ring Road is the part in length of 2,046 meters in it and the rest is the west section. The affected families in south line of Inner Ring Road have been resettled in new resettlement houses in batches, among which the last one was finished in April of 2011.The eastern section of south line of Inner Ring Road doesn’t require house demolition, while the west section involves both land acquisition and house demolition. The whole land acquisition and house demolition work started in June, 2006 and diminished in December, 2010.
II. Land Acquisition and Relocation Condition
The area of land acquisition in the eastern section of south line of Inner Ring Road amounts to 279 mu and all are collective-owned lands distributed to Shijiamiao NC 28 mu, Hexin Village 187 mu and Sunjiaxiang Village 64 mus. None of these lands needs to be relocated except a temporary shed of 8 ㎡ in the requisitioned vegetable land in Hexin Village.
The requisitioned land in the south section of the Inner ring Road west line amounts to 959 mu, among which 15.15 mu is state-owned land and 943 mu is collective-owned land in Shijiamiao, Guanyinge Village, Hexin, Yingpan Village, Sunjiaxiang Village, Qilin Village and Tanxi Village. Details can be found in the Table 1.
Table1 Impact on the south section of the Inner ring Road west line
|No. |Village(NC) |Land Acquisition( Mu) |
|1 |Shijiamiao |134.70 |
|2 |Guanyinge |104.14 |
|3 |Hexin |91.77 |
|4 |Sunjiaxiang |169.10 |
|5 |Yingpan |121.16 |
|6 |Qilin |190.00 |
|7 |Tanxi |132.13 |
|Totol |943.00 |
The area of relocated houses in the south section of the Inner ring Road west line amounts to 108454.84 ㎡, involves 209 houses. These affected families are from Shijiamiao, Guanyinge Village, Hexin Village, Yingpan Village, Sunjiaxiang Village, Qilin Village and Tanxi Village. The quantities of affected houses and the area of affected constructions please refer to Table 2.
Table 2 Impact on the eastern section of south line of Inner Ring Road
|No. |Village(NCs) |House Quantity |Relocation Area(m2) |
|1 |Shijiamiao NC |21 |5104.66 |
|2 |Guanyinge Village |75 |16250.71 |
|3 |Hexin Village |13 |2290.91 |
|4 |Sunjiaxiang Village |4 |2335.43 |
|5 |Yingpan Village |47 |59863.42 |
|6 |Qilin Village |7 |4686.78 |
|7 |Tanxi Village |42 |17922.93 |
|Total |209 |108454.84 |
III. Resettlement and Compensation Policies
The south line of Inner Ring Road is a component of Inner ring Road, which is one of Xiangyang municipal key construction projects. The resettlement policies of the south line must be in accordance with that of the rest areas in Inner ring Road.
1. Compensation policies
The compensation rate of collective-owned land conforms to the policies of integrated land price for expropriated land issued by Hubei Provincial People's Government. The integrated land price for expropriated land is 52000 Yuan/mu, including land compensation accounting for one third and resettlement compensation two thirds of the total.
The compensation rate of young crops is one time of its annual production value, namely 2200 Yuan/mu.
The land compensation fund for requisitioning collective-owned land shall be directly deposited into the account of the unit with land requisitioned.
The peasants with land requisitioned will obtain 70% of resettlement fee and land compensation fee for requisitioned land. The rest of compensation fund shall be used as social security premiums for villagers who are willing to participate in the social security program, or directly distributed to villagers who are unwilling to participate in this program. The rest of the compensation fund shall be mainly used for public utilities of the village collective after the consultation through villagers’ congress. The distribution and use of land compensation fee and resettlement fee shall be supervised and audited by authorities.
2. Resettlement Policies
The relocated families can choose to be compensated by currency or real house.
The standards for monetary compensation are as follows: for brick-concrete houses, RMB 820 Yuan/m2 for Class A, RMB 738 Yuan/m2 for Class B, RMB 664 Yuan/m2 for Class C, and RMB 598 Yuan/m2 for Class D; for wood-brick buildings, RMB 738 Yuan/m2 for Class A, RMB 590 Yuan/m2 for Class B, RMB 472 Yuan/m2 for Class C, and RMB 378 Yuan/m2 for Class D.
The compensation fund for interior and exterior decoration shall be evaluated and determined by appraisal agency according to the used materials and qualities.
According to the Management Approaches of Xiangfan Municipal on Villagers (Residents) House in Central Downtown implemented by the Xiangyang Municipal People's Government since September 1st, 2009, the area this project covers is the A Control Area of Xiangyang Municipal, where villagers (residents) houses should adopt apartment building mode pursuant to the municipal plan and requirement of urbanization development and don’t need to examination and approval of every house.
Resettlement apartments in the form of apartment are all provided by Xiangyang Construction Investment Management Co., Ltd. The area of resettlement apartments will be 33 m2 per person. One-child family will get extra 33 m2.
The population of affected family who can get resettlement apartments is calculated according to the permanent rural population registered in the local police on the day of acquisition announcement and finally determined after the verification of the villagers’ congress.
If the area of resettlement apartment is smaller than that of the demolished one, monetary compensation will be given to the extra area based on the result of appraisal agency. If the area of the resettlement apartment is larger than that of the demolished one, and the surplus area is smaller than 20 m2, the price of surplus area is calculated according to 950 yuan/m2; if the surplus area is larger than 20 m2, the price of surplus area is calculated according to the market price.
For relocated families, the relocation subsidies will be given to permanent residents as per RMB 100 Yuan/person.
For families who choose resettlement apartment, we give a monthly transitional allowance of 100 yuan per person. The transitional period starts from the day when signing the relocation contract and will last for 18 months. If the transitional period exceeds the specified term within 1 year, the transitional allowance will increase by 50 percent. If the transitional period exceeds the specified term for over 1 year, transition allowance shall be paid twice of the specified standard.
For those relocated households, one-off payment will be given to adults who are over 18 years old as per RMB 50 Yuan/person/day for delay of working time for 15 days.
For the attachments to houses on the acquisition land, we give a direct compensation to the property owner according to the actual loss. The compensation rates see Table 3.
Table 3 Compensation Rate for Attachment to Acquisition Land in south line of Inner Ring Road
|Name |Unit |Compensation Rate (Yuan) |Remarks |
|Shed |㎡ |50 |Shed with fences (including cement floor) |
|Pig pen |㎡ |70 | |
|Toilet |Number |100 |Simple outdoor toilet for domestic use |
|Toilet |㎡ |200 |Brick-concrete structure |
|Water well |Number |300～650 |RMB 300 Yuan for water well in riverland, ，RMB |
| | | |650Yuan for water well in downland, with additional |
| | | |disassembly fee RMB 150 Yuan for electric water pump|
|Water reservoir and septic |M3 |50 | |
|tank | | | |
|Concreted canal |M3 |50 | |
|Red-tile thermal shield |㎡ |180 |Eave height between 1.5 and 2.2m |
|Red-tile thermal shield |㎡ |90 |Eave height below 1.5m |
|Asbestos-tile thermal shield|㎡ |120 |Eave height between 1.5 and 2.2m |
|Asbestos-tile thermal shield|㎡ |50 |Eave height below 1.5m |
|Iron gate |㎡ |100 | |
|Fence |㎡ |15～75 |15Yuan/㎡ for soil fence, 25 Yuan/㎡ for stone |
| | | |fence, |
| | | |30 Yuan/㎡ for single- brick fence, 40 Yuan/㎡ for |
| | | |trailer, 50 Yuan /㎡ for double-brick fence, 75 |
| | | |Yuan/㎡ for iron fence |
|Outdoor floor |㎡ |10/30 |10 Yuan /㎡ for soil floor, 30Yuan/㎡ for cement |
| | | |floor |
|Road |㎡ |20-50 |20 Yuan/㎡ for gravel road, 40Yuan /㎡for asphalt |
| | | |road, 50 Yuan /㎡for cement road |
|Air-conditioner disassembly |Number |200 | |
|fee | | | |
|Water heater disassembly fee|Number |150-250 |150 Yuan for gas heater, and 250 Yuan for solar |
| | | |water heater |
|Water meter |Number |300 | |
|Two-phase electric meter |Number |480 | |
|Three-phase electric meter |Number |2000 |If installation invoice is available, compensate |
| | | |according to the amount on the invoice |
|Electric pole |Number |120-240 |120 Yuan for wood and 240Yuan for cement |
|Fixed phone |Set |280 | |
|Broadband |Wire |350 | |
|Cable TV |Set |400 | |
|Fruit trees with fruits |Number |80 | |
|Fruit trees without fruits |Number |20 | |
|Timber (2-9cm) |Number |10 | |
|Timber (10-19cm) |Number |30 | |
|Timber (above 20cm) |Number |50 | |
IV. Implementation of Resettlement Policy
From December of 2010 to March of 2011, Xiangyang Construction Investment Management Co., Ltd. had signed Compensation for Acquisition Land Agreement with villages affected by the land acquisition in the eastern and west sections of south line of Inner Ring Road and all the compensation policies had been put in place.
According to the opinions of the villager congress, the affected villages release 70 percent of the total resettlement compensation fee plus land compensation fee for the requisitioned land to every peasant household with land requisitioned. This process is transparent. Information on fund release information is showed in public places of respective villages. The village collective masters the rest of the land compensation. This part of fund will be firstly used to apply for social security for those villagers who are willing to join the social security program based on the principal of free will. Those who don’t want to join the social security program will get corresponding personal financial compensation. Other concrete usages of the compensation are determined by negotiations of the villager congress, and main usage will be for collective public services. The distribution and usage of the land compensation and resettlement compensation will be monitored and audited by superior institutions.
[pic][pic]
Fig.1 Agreement on land acquisition of south line of Inner Ring Road
[pic]
Fig.2 Enrollment of granting land compensation in south line of Inner Ring Road
In terms of resettlement, the relocation households in the west section of south line of Inner Ring Road can freely choose monetary compensation or resettlement house. The monetary compensation will be directly released to those relocation households according to the aforementioned compensation rate. Some of the resettlement sites providing resettlement houses have been opened for occupancy and some others are still under construction.
[pic]
Sketch map of resettlement planning of south line of Inner Ring Road
[pic]
Resettlement sites opened for occupancy
[pic]
Resettlement sites under construction
V. Basic Conclusion
By analyzing the implementation process of relocation in the eastern and west sections of south line of Inner Ring Road, verifying relevant documents and information, and follow-up investigating the affected families, we can get the following basic conclusions:
First, the relocation policies of the eastern and west sections of south line of Inner Ring Road are based on national and Xiangyang municipal relevant laws, regulations and policies without any violation. They also conform to the resettlement policies of Xiangyang municipal key construction projects.
Second, the relocation of the eastern and west sections of south line of Inner Ring Road get cooperation of the affected persons and the whole process is legal and transparent. The resettlements have finished successfully without any legal disputes left.
Third, all the compensation funds for land acquisition of the eastern and west sections of south line of Inner Ring Road have been released to those affected villages and the affected families are all satisfied with the usage determined by wills of the villagers themselves.
Fourth, the affected families in the west section of the South line of inner ring can freely choose monetary compensation or resettlement apartment for resettlement. Those who choose monetary compensation have got their compensation funds and some of those who choose resettlement apartment have moved into new resettlement houses. The rest of the resettlement houses are under construction. Housing condition and environment have improved significantly.
Annex IV Disclosure Announce of the Resettlement Policies
-----------------------
[1] According to the government file of Xiangyang City, the brick-concrete and wood-brick buildings are classified into four categories respectively, i.e. Class I, II, III and IV. The main classification criterias include thickness of bearing wall (column), storey height, floor material, roof structure, materials of door and window, wall paintings, etc. The categories are verified by professional appraisal agency.
-----------------------
Affected households, villages(NCs), enterprises and public institutions
Resettlement Office of Panggong Subdistrict
Independent monitoring organization
Resettlement Office of Xiangyang Urban Transport Project
Xiangyang Construction Investment Management Co., Ltd
RP1194 v4
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