世界银行贷款 - World Bank
Worldbank Funded SHUEP APL (Phase II) RP294 V.1
Resettlement Action Plan
of Shanghai Urban Environment Project
Shanghai Urban Environment Project (WB funded) Office
February, 2005
Tables of Coontents
Executive Summary I
A. Project Background I
B．Project Effect II
C. Compensation Policy and Rate for the Project Resettlement VIII
D. Resettlement Programs for APs of Land Acquisition XVI
E. Rehabilitation Plan for Temporary Land Acquisition XX
F. House Reconstruction Plan XX
G. Resettlement for Enterprises and Shops XXII
H. Resettlement Plan for Temporary buildings XXIII
I. Affected Infrastructure and Ground Attachment XXIII
J. Rehabilitation Plan for Vulnerable Groups XXIV
K. Overall Cost and Implementation Plan XXIV
L． Organization XXVII
M. Negotiation Participation and Information Propaganda XXVIII
N. Grievance and Appealing XXIX
O. Monitoring and Evaluation XXX
Preface A
1.Objectives of RAP A
2.Constituents of RAP Report A
3.Definition of Affected Persons (Qualification for Affected Persons) B
3.1 Definition of resettlers in the Project B
3.2 Time Limitation of Qualification for resettlers B
3.3 resettlers’ Rights C
4. Definition of Relevant Resettlement Terminology C
4.1 Definition of Affected Persons： C
4.2 Definition of Compensation, Resettlement and Rehabilitation D
4.2.1 Definition of Compensation D
4.2.2 Definition of Resettlement D
4.2.3 Definition of Rehabilitation D
5. Definition of Property E
6. Definition of Every Variety of Compensation Terminology E
7. Definition of other Terminology G
1 Basic Situations of the Project 8
1.1 Brief Introduction of the Project 8
1.2 Beneficiary Area and Affected Area of the Project 10
1.2.1 Beneficiary Area 10
1.2.2 Affected Area 10
1.3 Identification of LINKAGE ISSUES 11
1.4 Project Design Process 12
1.5 Overall Investment and Captial Source of the Project 14
1.6 Measures for MINIMIZE Project Impact 14
1.6.1 Project Planning and Design Phase 14
1.6.2 Project Implementation Phase 15
1.6.3 Land acquisition and house demolition RAP and implementation Phase 16
2 Project Impacts 18
2.1 Affected Land 20
2.1.1 Permanent Land Acquisition 20
2.1.2 Temporary Land Acquisition 20
2.2 Affected Rural Residents’ Houses 24
2.3 Affected Enterprises and Institutions 25
2.4 Affected Shops 30
2.5 Affected Temporary buildings 34
2.6 Affected Population 34
2.6.1 Directly Affected Popuation 34
2.6.2 Temporary Affected Population 35
2.7 Affected Vulnerable Groups 36
2.8 Affected Ground Attachment 36
3 Socio-economic Survey in the Affected Areas 39
3.1 Survey Methods 39
3.2 Survey Contents 39
3.3 Survey Organization and Process 39
3.4 Socio-economic Situations in the Affected Areas 40
3.5 Socio-economic conditions of APs and Enterprises 42
3.5.1 West Mainline Reconstruction Project 42
3.5.2 Changqiao Waterworks Reconstruction Project of Southern City Waterworks 43
3.5.3 Chongming Chengqiao Sewage Treatment Project 45
3.5.4 Qingpu Huaxin Sewage Treatment Plant 46
3.5.5 Jinshan Garbage Collection and Transportation System Project 49
4 Legal and Policy Framework 52
4.1 Laws and Policies of Resettlement 52
4.1.1 State Laws and Regulations 52
4.1.2 Local Laws and Policies 52
4.1.3 World Bank Policy 53
4.2 Relative Laws and Policies Involved in Resettlement 53
4.2.1 Relevant Laws and Policies involved in Permanent Land Acquisition 53
4.2.2 Relevant Laws and Policies of House Demolition 59
4.2.3 Relevant Policy of WB Involuntary Resettlement 69
4.3 Compensation Policy for Resettlement of the Project 70
4.3.1 Principles of Compensation in the Project 70
4.3.2 Compensation Policy 70
5 Compensation Rate 75
5.1 Compensation Rate for Rural Collective Land Acquisition 75
5.2 Compensation Rate for State Land 76
5.3 Compensation Rate for Temporary Land Acquisition 77
5.4 Compensation Rate for Rural House Demolition 77
5.5 Compensation for Enterprise Demolition 78
5.6 Compensation Rate for Shop Demolition 80
5.7 Compensation for Temporary buildings 80
5.8 Compensation Rate for Ground Attachment and Public Facility 80
6 Resettlement Program 83
6.1 Resettlement Objectives 83
6.2 Resettlement Programs for APs of Land Acquisition 84
6.2.1 Income Effect Analysis 84
6.2.2 Agricultural Population Resettlement 86
6.2.3 Labor Resettlement 86
6.2.4 Retirement Resettlement 87
6.2.5 Rehabilitation Plan for Temporary Land Acquisition 87
6.2.6 House Reconstruction Plan 87
6.2.7 Resettlement for Enterprises and Shops 89
6.2.8 Resettlement Plan for Temporary buildings 92
6.2.9 Affected Infrastructure and Ground Attachment 92
6.2.10 Rehabilitation Plan for Vulnerable Groups 93
7 Public Participation 94
7.1 Public Participation Strategy 94
7.2 Public Opinions Survey 95
7.3 Public Participation Process and Policies Disclosure 96
8 Procedures of Appealing 101
9 Organizations 102
9.1 Relevant Organizations of Resettlement Action 102
9.2 Organizational Chart 103
9.3 Organizational Constitution and Responsibilities 103
9.3.1 Shanghai APL Urban Environment Leaders’ Panel (LP) 103
9.3.2 Shanghai APL Urban Environment Project Office (SHUEPO) 104
9.3.3 Administrative Institutions for each Sub-projects 104
9.3.4 Implementation and Management Institution of Each Sub-project 104
9.3.5 Design and Research Institute (DRI) 105
9.3.6 External Monitoring Institution (EMI) 106
9.4 Organizational Qualification and Staffing 106
9.5 Measures for Strengthening Organizational Capability 107
10 Schedule of Implementation 109
10.1 Resettlement Joint with Construction of the Project 109
10.1.1 Key Tasks for Permanent and Temporary Land Occupation and resettlement 109
10.1.2 Key Tasks for Residential Houses Relocation 110
10.1.3 Key Tasks for Enterprises and Institutions Relocation 110
10.2 Schedule for Key Tasks in Resettlement Implementation 111
10.2.1 The principles for making schedule of acquisition and resettlement 111
10.2.2 Overall Schedule of Land Acquisition and Resettlement 112
11 Cost and Budget 115
11.1 Cost 115
11.2 Capital Source 118
11.3 Cash Flow and Allocation Plan 118
11.3.1 Cash flow procedure 118
11.3.2 Allocation Plan 118
12 Monitoring and Evaluation 119
12.1 Internal Monitoring and Supervision 119
12.1.1 Implementation Procedures 119
12.1.2 Indicators to be Monitored 119
12.1.3 Internal Monitoring Reports 119
12.2 External Independent Monitoring 119
12.2.1 Independent Monitoring Institution 119
12.2.2 Responsibilities 119
12.2.3 Procedures and Contents 119
12.3 Monitoring Indicators 119
12.4 Ex-post Evaluation 119
13 Entitlement Matrix 119
Appendix１ Resettlement Policy and Program of Huaxin Sewage Treatment Plants Project 119
Appendix 2 Resettlement Programs for Sub-projects 119
Closure and movement Project for Sanlin Garbage Ground 119
The Second Waterworks Depth Treatment Project in Minhang 119
Changqiao Waterworks Reconstruction Project of Southern City Waterworks 119
West Mainline Reconstruction Project 119
Chongming Chengqiao Sewage Treatment Project 119
Qingpu Huaxin Sewage Treatment Pipe Network Project 119
Jinshan Garbage Collection and Transportation System Project 119
Linkong Press-plus Pumping Station Project ,Huaxiang Pumping Station Project, Qingpu District Xujing and Huaxin Water Supply Pipeline Project 119
Appendix3 Outline of Independent Monitoring and Evaluation on Resettlement 119
List of Tables
cONTENTS OF sUMMARY tABLE
Table 1Constituents of APL Shanghai Urban Environment Project (Phase II) I
Table 2 Land Acquisition Situation V
Table 3 Rural House Demolition VII
Table 4 Directly Affected Population VII
Table 5 Calculating Coefficient of Standard House Demolition XI
Table 6 Compensation Standard for Demolished Peasants’ Houses and Attachment XII
Table 7 Compensation Rate for Demolished Enterprises XIV
Table 8 Compensation Rate for Demolished Shops XV
Table9 Effect on Towns and Villages of Project Land Acquisition XVII
Table 10 Resettlement Situation of Population Affected by planting Land Acquisition in Each Sub-project XVIII
Table11 Merchandise House Source in the Round of Affected Areas XX
Table 12House Resettlement Situation Balance of Each Sub-project XXI
cONTENTS OF main EXT tABLE
Table 1.1Project Components of SHUEP (Phase II) 9
Table 1.2 Basic Situations of Each Sub-projects in SHUEP(Phase II) 9
Table 1.3 Design Progress of Each Sub-project 12
Table 1.4 Investment and Capital Source of Each Sub-project 14
Table 2.1Land Acquisition Situation 21
Table 2.2Temporary Land Acquisition of Each Sub-project Error! Bookmark not defined.
Table 2.3 Rual House Demolition 24
Table 2.4 Demolished House Acreage and Proportion of Residents/ hh 24
Table 2.5Basic Situations of Affected Enterprises* 26
Table 2.6 Affected Shops Situations 30
Table 2.7 Collection of Affected Shop Demolition 33
Table 2.8 Schedules of Temporary buildings 34
Table 2.9 Directly Affected Situations 35
Table 2.10Basic Situations of the Affected Vulnerable Groups 36
Table 2.11 Affected Ground Attachment and Public Facilities 37
Table 3.1 Statistics of Shanghai Basic Socio-economic Situations 40
Table 3.2 Basic Socio-economic Situations in the Affected District (County) in 2003 41
Table 3.3 Gender Proportion of the Interviewees 43
Table 3.4 Employment Conditions of the Interviewees 44
Table 3.5 Annual Income and Expense Structure of the Surveyed Families 45
Table 3.6 Schedule of Basic Socio-economic Situations 47
Table 3.7 Annual Income and Expense of the Surveyed Families 49
Table 3.8 Schedule of Basic Socio-economic Situations of Affected Villages and Teams 50
Table 3.9 Annual Incomes and Expense of the Surveyed Families 51
Table 4.1Resettlement Acreage of Standard House Exchange 65
Table 4.2 Calculating Coefficient of Standard House Demolition 73
Table 6. 1 Effect on Every Town and Village of Project Land Acquisition 85
Table 6.2 Resettlement Situation of Population Affected by Land Acquisition in Each Sub-project 86
Table 6.3 Merchandise House Source in the Round of Affected Areas 88
Table 6.4 Balance of House Resettlement for Every Sub-project 89
Table 6.5 Resettlement of Affected Enterprise* 91
Table 6.6 Resettlement of Affected Shops with License 92
Table 7.1 Policy Publication Process 96
Table 9.1 Table of Shanghai APL Urban Environment Project Organizations 102
Table 9.2 Staffing of the Resettlement Institution Involved in Each Sub-Project 106
Table 9.3 Specific Implementation Institution of Each Sub-project 107
List of Figures
Chart 1.1Distribution Sketch Map of SHUEP 8
Chart 3.1 Educational Degree of the Interviewees 444
Figure 3.2 Residents’ Income Structure in the Land Acquisition Area 45
Figure 9.1 Organizational Chart of SHUEP 103
Figure 9.2 Schedules of Project Implementatin and Resettlement 113
Chart 9.3Cash Flow Chart of Resettlement Capital 118
Figure 11.1 Independent M&E Technical Method 119
Abbreviations & Acronyms
Aps Affected Persons
DRI Design and Research Institute
EMI External Monitoring Institution
LP Shanghai APL Urban Environment Leaders’ Panel
MU Area Unit (1 Mu= 0.0667 Ha)
M&E Monitoring and Evaluation
PMO Project Management Office
RAP Resettlement Action Plan
SHUEPO Shanghai APL Urban Environment Project Office
WB World Bank
CURRENCIES
RMB Chinese Yuan (Renminbi)
USD United States Dollar
Conversion rate: 1 USD = 8 RMB
Executive Summary
A. PROJECT BACKGROUND
ALONG WITH SHANGHAI SOCIAL AND ECONOMIC DEVELOPMENT, SHANGHAI ENVIRONMENT STRESS BECOMES HEAVIER AND HEAVIER. TO FURTHER IMPROVE THE ENVIRONMENT, TO SET SHANGHAI IMAGE AS A METROPOLIS AND TO PROMOTE SHANGHAI COMPREHENSIVE AND SUSTAINABLE SOCIAL AND ECONOMIC DEVELOPMENT, ON THE BASIS OF APL WB FUNDED SHANGHAI URBAN ENVIRONMENT CONSTRUCTION PROJECT (PHASE I), SHANGHAI MUNICIPALITY PLANS TO IMPLEMENT ANOTHER LARGE-SCALED ENVIRONMENT CONSTRUCTION PROJECT THAT IS SHANGHAI URBAN ENVIRONMENT CONSTRUCTION PROJECT (PHASE II). THE WHOLE PROJECT CAN BE CLASSIFIED INTO FOUR: SHANGHAI URBAN SOLID WASTE TREATMENT PROJECT, SHANGHAI WATERWORKS RECONSTRUCTION PROJECT, SHANGHAI SEWAGE DRAINAGE PIPELINES CONSTRUCTION PROJECT AND SHANGHAI SUBURBAN ENVIRONMENT CONSTRUCTION PROJECT WITH 14 SUB-PROJECTS INCLUDED. THE WHOLE INVESTMENT OF THE PROJECT IS 4125 MILLION YUAN, AMONG WHICH 1348 MILLIONYUAN COMES FROM WORLD BANK. THE WHOLE PROJECT IS PLANNED TO BEGIN IN JANUARY 2005 AND END IN DECEMBER 2008. THE BASIC SITUATIONS OF EVERY SUB-PROJECT CAN BE SEEN IN TABLE 1.
Table 1Constituents of APL Shanghai Urban Environment Project (Phase II)
|No. |Type of Project |Location |Project Name |Construction Content |Remarks |
|2 | |Jiwang Town Minhang |Closure Project for |Internal closure and |On the original |
| | |District |Minhang Garbage Ground |ecological rehabilitation |ground, no need of|
| | | | |project, occupying 210 mu |RAP |
|３ | |Gucun Town Baoshan |Closure Project for |Internal closure and |On the original |
| | | |Gucun Garbage Ground |ecological rehabilitation, |ground, no need of|
| | | | |occupying 177 mu |RAP |
|４ |Shanghai Water works|Minhang and Songjiang |The Second Waterworks |Tap Water Preemptive and | |
| |Reconstruction |District |Depth Treatment Project |Depth Treatment Construction | |
| |Project | |in Minhang |project | |
|５ | |Huajing Town Xuhui |Changqiao Waterworks |0.8 million tons/day regular | |
| | |District |Reconstruction Project |treatment and 14 million | |
| | | |of Southern City |tons/day for the whole work | |
| | | |Waterworks |depth treatment step by step | |
| | | | |reconstruction | |
|６ | |Beizhai Road Changning |Linkong Press-plus |Linkong Press-plus dumping | |
| | |District |Pumping Station Project |station | |
|７ | |Qingpu District |Huaxiang Pumping Station|Dumping station | |
| | | |Project | | |
|８ | |Qingpu |Xujing and Huaxin Water |The whole length is | |
| | |District |Supply Pipeline Project |57.26km,pipe diameter | |
| | | | |isDN500～DN1200mm。 | |
|９ |Shanghai Sewage |Putuo District, Zhaibei|West Mainline |Dumping and pipe network | |
| |Drainage |District ,Baoshan |Reconstruction Project |system reconstruction | |
| | |District | | | |
|１０ | |Heqing Town, Chuansha |Shanghai Bailonggang |217tds/d for short-term, |Construct in the |
| | |County, Pudong New |Sewage Treatment Project|210t/d for long-term sewage |Reservation, no |
| | |District | |treatment |need of RAP |
|1１ |Shanghai Suburban |Chengqiao Town of |Chongming Chengqiao |Sewage Plants and Pipe | |
| |Environment |Chongming County |Sewage Treatment Project|Network System | |
| |Construction Project| | | | |
|１２ | |Chongming County |Chongming Living Dump |Garbage Ground Construction |Bottomland |
| | | |Integrated Treatment |Project |occupied, no need |
| | | |Project Phase I | |of RAP |
|１３ | |Huaxin Town Qingpu |Qingpu Huaxin Sewage |Pipe Network and Dumping | |
| | |District |Treatment Pipe Network |Stations | |
| | | |Project | | |
|１４ | |Jinshan District |Jinshan Garbage |Collection Tools, Transport | |
| | | |Collection and |Stations Construction | |
| | | |Transportation System | | |
| | | |Project | | |
The table 1 reveals that among the 14 sub-projects there are 10 involving in land acquisition and house demolition and resettlement. According to WB requisition, 10 RAPs should be compiled. Meanwhile, because it is difficult to divide the affected amount of Linkong Press-plus Pumping Station Project, Huaxiang Pumping Station Project and Xujing and Huaxin Water Supply Pipeline Project, the three projects are collected to compile a RAP (as one sub-project). Therefore, the RAP of the Project consists of one overall report and 8 reports of sub-projects.
B．Project Effect
THE OVERALL NUMBER OF THE DISTRICTS (COUNTY) AFFECTED BY THE LAND ACQUISITION AND DEMOLITION AMOUNTS TO 10 THAT IS MINHANG, SONGJIANG, XUHUI, CHANGNING, QINGPU, ZHABEI , BAOSHAN, JINSHAN AND CHONGMING. AND AMONG THOSE, THE PERMANENT LAND ACQUISITION INVOLVES IN 10 DISTRICTS (OR COUNTY, THE SAME TO THE ABOVE); BOTH LAND ACQUISITION AND HOUSE DEMOLITION AFFECT 5 DISTRICTS (COUNTY) INCLUDING XUHUI DISTRICT, PUTUO DISTRICT, ZHABEI DISTRICT, BAOSHAN DISTRICT AND CHONGMING COUNTY. THIS PROJECT NEEDS TO REQUISITION 580MU LAND AND DEMOLISH 150796 M2 HOUSE. THE WHOLE AFFECTED HOUSEHOLDS’ AMOUNT TO 1259 WITH 4854 PERSONS.
The whole project has 7 sub-projects involving in permanent land acquisition and they are The Second Waterworks Depth Treatment Project in Minhang, Changqiao Waterworks Reconstruction Project, Huaxiang and Linkong Press-plus Pumping Station Project, West Mainline Reconstruction Project, Chongming Chengqiao Sewage Treatment Project, Qingpu Huaxin Sewage Treatment Pipe Network Project and Jinshan Garbage Collection and Transportation System Project. All the permanent occupied land amounts to 580.59mu, among which there are 480.46mu collective land (planting land 96 mu, housing plot 110 mu, non-agricultural construction land 116.3 mu and other non-planting land 158.15 mu) and 100.13mu state land transferred in charge. The permanent land acquisition affects 444 persons, among which 150 persons belong to labor force. Besides, Closure and movement Project for Sanlin Garbage Ground needs to occupy 620 thousand 620 thousand m3 waste mining tunnels of Shanghai Jingfeng Industrial Co., Ltd with the details in Table 2.
In the whole project, there are 6 sub-projects involving in temporary land acquisition and they are The Second Waterworks Depth Treatment Project in Minhang,Linkong Press plus Pumping Station, Xujing and Huaxin Pipelines Project, West Mainline Project, Chongming Chengqiao Sewage Treatment Project, Qingpu Huaxin Sewage Treatment Pipe Network Project and Jinshan Garbage Collection and Transportation System Project. The whole occupied land amounts to 948.4mu, among which 322.3mu collective planting land and 626.1mu roads and virescence. The occupation term is 3 months at least and 1 year at best without persons affected.
In the whole project there are 3 sub-projects involving in rural house demolition without effect on city houses and they are respectively Changqiao Waterworks Reconstruction Project (Phase I), Chongming Sewage Treatment Project and West Mainline Reconstruction Project. The whole demolished houses amount to 61086 m2, including 20485m2 brick and beton storied building, accounting for 31.96%; 11686 m2 brick and beton bungalow, accounting for 20.58%; 25159 m2 brick and wood house, accounting for 41.6%; and 3756m2simple house, accounting for 5.86%. The affected household amounts to 378 with 1385 persons and the details are shown in Table 3.
In the whole project there are 3 sub-projects involving in enterprises and they are Changqiao Waterworks Reconstruction Project(Phase I), West Mainline Reconstruction Project and Closure and movement Project for Sanlin Garbage Ground. The whole affected enterprises amount to 67 among which 66 are affected by house demolition and movement, 1 is affected by the land acquisition (Closure and movement Project for Sanlin Garbage Ground needs to occupy 0.620 thousand m3 waste mining tunnels of Shanghai Jingfeng Industrial Co., Ltd). The whole demolished houses of enterprises amount to 89710m2,including 21018 m2 framed houses, 58524m2 brick and beton houses, 8097m2 brick and wood houses and 2071 m2 simple houses. The project does not involve in institutions. The movement of enterprises affects 2881 persons including 2347 temporary workers.
In the whole project there are 2 sub-projects involving in shop demolition and they are Changqiao Waterworks Reconstruction Project (Phase I) and West Mainline Reconstruction Project. The whole affected shops amount to 58, totally non-business constructions, among which 6 shops have business license, and 52 shops have not. The houses of shops who have license amount to 185m2 and those who have no license amount to 1237 m2, calculated into residents’ houses and the houses above are all brick and beton framed. The whole affected persons of shops demolition amount to 144, including 17 persons affected by the demolished shops who have license(7 temporary workers) and 127 persons affected by the those who have no license(all of them are rented by the temporary workers).
In the whole project there are 6 sub-projects directly affecting population of all varieties. The directly affected population comes from land acquisition, house demolition, enterprise demolition and shop demolition with totally 4854 directly affected persons among which 444 are affected by land acquisition and 150 labors should be resettled; 378 households with 1385 persons are affected by residents’ house demolition; 2881 persons are affected by enterprise demolition including 2347 temporary workers; 144 persons are affected by shop demolition including 134 temporary workers. The affected population of each sub-project can be seen in Table 4.
In the whole project only Huaxiang Pumping Station, Linkong Pumping Station, and Xujing, Huaxin Water Supply Pipelines Projects involves in Temporary building with total 2140m2 acreage belonging to simple framed houses.
The project affects 37 kinds of ground attachment and public facilities.
Table 2 LAND ACQUISITION SITUATIONS
|Sub-project Name |Sub-project |Occupation Acreage(mu) |Collective Land(mu) |
| | | |Total |Brick and beton |Brick and beton bungalow |Brick and wood |Simple |
| | | | |Storied building | | | |
|Chongming Chengqiao |16 |57 |2630 |0 |0 |2630 | |
|Sewage Treatment | | | | | | | |
|Project | | | | | | | |
|West Mainline |266 |1064 |37546 |0 |11261 |22529 |3756 |
|Reconstruction Project| | | | | | | |
|Total |378 |1385 |61086 |20485 |11686 |25159 |3756 |
|Proportion |31.96% |20.58% |41.60% |5.86% |
Note:1237m2 houses of shops that have no license are calculated into Changqiao Project without the renters.
Table 4 Directly Affected Population
|Sub-project |Land Acquisition Effect |
| |Fourth |Fifth |Sixth |
|First, Second, Third |30％ |60％ |100％ |
|Fourth |－ |40％ |70％ |
（4）relevant fees including movement subsidy for demolished residential houses. The demolishers should pay to the demolished the movement subsidy, facility movement fee and temporary resettlement subsidy during transition, and the temporary resettlement subsidy increased since the exceeding month of transition.
（5）Compensation Rate
Due to the policies carried out in the Project the demolished rural houses of Changqiao Waterworks Reconstruction Project all locate in Zhangjia Pool in Gangkou Village of Huajing Town, belonging to Level D area of Xuhui District(south of Longhua Harbor, southeast of Humin Road and north of Dingpu River). The least compensation unit price is 2300yuan/m2 and compensation co-efficient is not less than 20%. The demolished enterprises of West Mainline Reconstruction Project locate in Miaoxing Town of Baoshan District(Level A area with 2713yuan/m2 as the least compensation unit rate and no less than 400yuan/m2 as price subsidy coefficient), Gucun, Yangxing and Yuepu Town(Level D area with 1799yuan/m2 as the least compensation unit rate and no less than 350yuan/m2 as price subsidy coefficient),and Luodian Town(Level E area with 1246yuan/m2 as the least compensation unit rate and no less than 350yuan/m2 as price subsidy coefficient). The compensation rate for rural houses in Chongming Chengqiao Sewage Treatment Plant can take that of nearby district and county as reference.
Due to the practical price of local merchandise houses of the least compensation unit price in the affected areas, and after negotiation with demolished residents, the final compensation price is confirmed and the compensation fee includes that for housing plots. After getting compensation, the residents whose house demolished should be ensured to purchase houses in the near areas. The compensation rate for rural house demolition of the two sub-projects can be seen in table6.
Table 6 Compensation Standard for Demolished Peasants’ Houses and Attachment
Unit：Yuan/unit
|Project |House Compensation（yuan/M2） |Compensation for |other compensation |
| | |attachment | |
| |brick-concreted |brick-wood |Simple |
| | | | |
| |Framed |
| | |
| |Framed |Brick and beton |Brick and wood |simple |
|West Mainline Reconstruction Project |/ |5050 |4850 |/ |
Compensation Policy for Affected Ground Attachment, Scattered Fruit Trees and Public Facilities
After the demolishers compensate to the property owners in the principle of reconstruction, the property owners should restore and reconstruct.
Compensation for Temporary buildings
Due to Shanghai Several Rules of Resettlement and Compensation for Collective Land Acquisition announced by Shanghai People’s Government on April 10th 2002, those Temporary buildings whose term is still in authorization can be given compensation at the replacement cost of 300yuan/m2.
Compensation for other Properties
The affected other properties should be compensated or restored due to ruled rate of Shanghai. As for those having not been ruled, compensation should be carried out due to market price.
Supporting Policy for Vulnerable Groups
Besides the corresponding policies above, the affected vulnerable groups can also get some other favorable policies such as:
1) to demolish low rent house, the demolisher shall priorityly provide exchange house and properly derate the payment for exceeding part of resettlement house.
2) To demolish the house belong to or rented by bereaved old folks, disabled and orphans, give the compensation as areage-standard exchange house.
(3)The labor force in the vulnerable families should be given occupation training with employment information and instruction to create employment opportunity.
(4)During the implementation, the works with low technical requisition should be provided prior to the young ones of the vulnerable families.
(5) The organization which is responsible for demolition and movement should try best to help and support the movement of the vulnerable families.
D. Resettlement Programs for APs of Land Acquisition
IN THE PROJECT THERE ARE 480.46MU COLLECTIVE LAND OCCUPIED, INCLUDING 96MU PLANTING LAND IN WHICH THERE IS 25.6 MU WITH TEMPORARY WAREHOUSES ON IT RENTED FOR MATERIALS, HALF-PRODUCTION AND PRODUCTION STORAGE. THE PLANTING LAND ELSE IS FARMED BY THE LAND CONTRACTOR AND NOT SUB-CONTRACTED TO PEASANT WORKERS FROM OTHER PLACES. THE PERMANENT LAND ACQUISITION AFFECTS 444 PERSONS, INCLUDING 150 LABORS. THE RURAL HOUSEHOLDS WHOSE LANDS ARE PERMANENTLY OCCUPIED WILL GET REASONABLE COMPENSATION. AS THERE IS MUCH DIFFERENCE IN PRODUCTION OF DIFFERENT KINDS OF LAND BETWEEN DIFFERENT AREAS AND THUS THE RATIO OF LAND TO LABOR IS DIFFERENT TOO, THE RESETTLEMENT SUBSIDY OF DIFFERENT AREAS IS MUCH DIFFERENT ACCORDINGLY. THE TOTAL COMPENSATION IS FROM 90000 TO 120000YUAN/MU.
（1）Income Effect Analysis
Due to the socio-economic survey in the project area, it is evident that the income from planting land of the peasants land occupied accounts only for 0 to 13% of the total income; the main source is non-agricultural income, which accounting for more than 85%. Income from being employed and making business occupies most in non-agricultural income, accounting for 90%. Since the income is mainly from non-agriculture and not all the land of most peasants has been fully occupied, the effect on the peasants almost goes nothing with 1% as the most effect rate. Therefore, the peasant’s income effect of land acquisition can nearly be omitted. For details, see Table 9.
Table9 Effect on Towns and Villages of Project Land Acquisition
|Project |Affected Towns and Villages |Planting Gross（mu） |
| |Population |Resettled |Assimilation |Retirement |
| |(person) |Population(person) |Resettlement(person) |Resettlement(person) |
|Huaxiang Pumping Station, Linkong |190 |78 |49 |29 |
|Pumping Station, Xujing and Huaxin| | | | |
|Water Supply Pipelines | | | | |
|Chongming Chengqiao Sewage |228 |52 |36 |16 |
|Treatment Plant Project | | | | |
|Qingpu Huaxin Sewage Treatment |11 |11 |7 |4 |
|Plant Project | | | | |
|Jinshan Garbage Collection and |15 |9 |5 |4 |
|Transportation Construction | | | | |
|Project | | | | |
|Total |444 |150 |97 |53 |
（3）Labor Resettlement
The Project has 191 persons taking labor assimilation resettlement. The land compensation is handed out to the village to improve village economy or purchase other lands in the surrounding villages. Every resettled labor can get about 105000yuan as resettlement subsidy. Due to relevant rules, the resettlement subsidy can be handed out to the village and the affected labor as well. As for the former, it is the collective villages that are responsible for resettlement of these labors and keep their livelihood continue. While as for the latter, the labors can arrange their own livelihood, going on with their current occupation, or taking over other occupations as development fund.
From the socio-economic survey in the affected areas it is found out that in the areas the second and third industries has been developed very well, with quite many employment opportunities and active labor force market, which entitles it one of the richest areas. The peasants had not earned living on land for so long time that the agricultural income accounts only10% in the perspective of income structure. Therefore, the resettlement subsidy in the Project is handed out to the individuals directly according to the affected labors.
The affected labors will be included in township employment service scope due to the principle of market employment. They can get employment service such as occupation introduction and instruction supplied by public employment service agents at all levels or they can participate in the occupation training subsidized by the government. Those labor forces who carve out by themselves can get assistant policies such as setup instruction, carving training, assurance of setup loan or interest subsidy, informal employment and etc.
（4）Retirement Resettlement
In the project there are 53 persons to be resettled under this regulation.
Their resettlement subsidy should pay for land acquisition retirement pension.
The retirement pension consists of living expense, medical fee, subsidy and the like with term of 15 years for male and 20 years for female.
Those retirement persons male beyond 55 years old and below 60 and female beyond 45 and below 55 can choose to take part in little township social insurance with its resettlement subsidy priority to the insurance . Those persons land occupied which have been checked as entire loss of labor by city labor ability appraisal agents can be got involved in the retirement and can retire earlier. The term of land acquisition retirement pension should be plus with advanced term.
The land occupier should sign an agreement of retirement with the retirement persons for land acquisition.
The retirement fee for land acquisition is handed in from land occupier to the special retirement service agents appointed by the government of district or county as one-off. Since the next month of retirement fee paid, living expense can be received and medical service can be written off.
After measure, since the next month retirement fee is paid, the retirement persons can receive 332 Yuan pension monthly which will meet the basic living demand in Shanghai.
E. Rehabilitation Plan for Temporary Land Acquisition
IN THE WHOLE PROJECT TOTALLY 7 SUB-PROJECTS INVOLVE IN TEMPORARY LAND ACQUISITION, LAND AMOUNTING TO 948.4MU, AND AMONG WHICH 322.3MU COLLECTIVE NON-PLANTING LAND AND 626.1MU ROADS AND VIRESCENCE. THE OCCUPATION TERM IS 3 MONTHS AT LEAST AND 1 YEARS AT MOST. THE TEMPORARY LAND ACQUISITION IS MAINLY CAUSED BY PIPE NETWORK PROJECTS AND THE LAND IS MOSTLY NON-PLANTING COLLECTIVE LAND, ROADS, VIRESCENCE OF ONE SIDE OF ROADS AND PART OF RESIDENTS’ HOUSING LAND. DURING IMPLEMENTATION, THE PRINCIPLE OF MINIMIZING EFFECT WILL BE INSISTED ON TO TAKE CORRESPONDING MEASURES INCLUDING CEILING PIPELINE CROSSING ROADS, BRIDGE PIPELINE CROSSING RIVERS. TTHE LAND TEMPORARILY OCCUPIED WILL BE COMPENSATED AS COMPENSATION RATE. AFTER THE TERM GOES OUT, THE PROJECT IMPLEMENTATION INSTITUTES ARE RESPONSIBLE FOR DEMOLISHING THE TEMPORARY HOUSES AND CLEANING GROUND.
F. House Reconstruction Plan
IN THE WHOLE PROJECT THERE ARE 3 SUB-PROJECTS INVOLVING IN RURAL HOUSE DEMOLITION AND THEY ARE RESPECTIVELY CHANGQIAO WATERWORKS RECONSTRUCTION PROJECT (PHASE I), CHONGMING SEWAGE TREATMENT PROJECT AND WEST MAINLINE RECONSTRUCTION PROJECT. THE WHOLE DEMOLISHED HOUSES AMOUNT TO 61086M2. THE AFFECTED HOUSEHOLD AMOUNTS TO 378 WITH 1385 PERSONS.
In the project 3 choices are provided: 1) currency compensation; 2) exchange of house property rights in the same compensation amount (value-standard house exchange later); 3) and the house property rights exchange inter-location on the basis of house’ construction acreage can be adopted without difference in resettled acreage(acreage-standard house exchange later).
To sum up, in addition to choose the resettlement ways, the demolished resettlers can freely choose the resettlement location, house dimension (subsidy rate should be calculated by difference of the resettlement sites, if above, only certain differential should be paid and if below, compensation should be given).
As the survey on the merchandise houses and exchange houses in the areas above shows (See Table 11), the affected residents can purchase the houses in the same acreage at the same price in the same area and to know the house source situations around the affected areas, and the new houses mostly are developed in the recent 2 or 3 years with graceful environment and convenient transportation.
Table11 Merchandise House Source in the Round of Affected Areas
|Sub-project Name |Location |Land |Merchandise House Qty(set) |Exchange House Qty(set)|
| | |catagory| | |
| | | |
| | |Currency Compensation |House Property Exchange |
|Changqiao Waterworks Reconstruction Project |96 |80 |16 |
|(Phase I) | | | |
|Chongming Sewage Treatment Plant |16 |13 |3 |
|West Mainline Reconstruction Project |266 |211 |55 |
|Total |378 |304 |74 |
(5) Tenants
All the demolished houses belong to rural residents. The average acreage amounts to 200m2 each household, only with 4 persons living inside. Therefore, over 60% owners rent their spare room at different rate, namely, 300 yuan/month for living houses and 500—1500 yuan/month for those along alleys or roads dependently. The socio-economic survey shows that renters annually make 13000 yuan per capita. Among the total annual income in the perspective of household, about 88% comes from wages and 12% from house rent.
In the 378 affected households, there are 229 renters. Most of the 386 tenant households with 1280 persons work in the factories around, making average 800 yuan/person*month. Their renting term is from 3 to 12 months.
The tenants will be informed of demolition 3 months in advance and get movement compensation. In respect of lots of available houses to rent around Shanghai suburb and the high flexibility of outside workers, they will take no pain in finding such room at similar rent.
The renter can get more rent if he/she continues renting the spare room of his/her new house due to the high qualification of the new house and the perfect infrastructure counterparts.
G. Resettlement for Enterprises and Shops
THE PROJECT AFFECTS ONLY ENTERPRISES BUT NO INSTITUTIONS.
In the whole project there are 3 sub-projects involving in enterprises and they are Changqiao Waterworks Reconstruction Project(Phase I), West Mainline Reconstruction Project and Closure and movement Project for Sanlin Garbage Ground. The whole affected enterprises amount to 67 among which 66 are affected by house demolition and movement, 1 is affected by the attachment(Closure and movement Project for Sanlin Garbage Ground needs to occupy 620 thousand m3 waste mining tunnels of Shanghai Jingfeng Industrial Co., Ltd). The whole demolished houses of enterprises amount to 89710m2, The movement of enterprises affects 2881 persons including 2347 temporary workers In the whole project there are 2 sub-projects involving in shop demolition and they are Changqiao Waterworks Reconstruction Project (Phase I) and West Mainline Reconstruction Project. The whole affected shops amount to 58, among which 6 shops have business license but no business land certificate, and 52 shops have no the two. The houses of shops that have license amount to 185M2 and those who have no license amount to 1237M2. The whole affected persons of shops demolition amount to 144, including 17 persons affected by the demolished shops who have license(7 temporary workers) and 127 persons affected by the those who have no license(all of them are rented by the temporary workers).
The affected enterprises and shops should be compensated due to the standard for them.
The Project locates in the suburban area of Shanghai with highly advanced economy. Thus the labor force market is very active and a lot of peasants from other places come here for silver and gold. In the 67 affected enterprises 947 persons come from other provinces or cities among the 2881 staff, and in the 58 affected shops 134 persons are casual laborers in among the 144 affected persons, which accounts for the strictly larger proportion. At the beginning of working here, with the enterprises or shops the casual laborers had signed agreement which stipulates that if cease production of enterprises, cease business or movement of shops, the staff is ok just after informed 3 months before. Therefore, in the Project this part of population does not need resettlement but only employment instruction and information.
The enterprises staff needed to be resettled is mostly administrative staff or property owners of the enterprises and shops and they will get proper compensation complied with the Policies iDuring the movement, the staff of enterprises and shops has no loss of benefit including wage, medical and social insurance, dividend and bonus and etc, and they will not lose their jobs for the movement.
After demolition, the affected enterprises and shops can choose to reconstruct, change production or cash compensation due to their previous business situations. Most enterprises choose the industrial gardens in each district and town for reconstruction. Up till now there are 16 modern industrial garden in Shanghai. By the end of 2003, the planning acreage of various industrial gardens amounts to 665 km2, among them 345 km2 in practical use and 220 km2 to be developed. There is enough space for the affected enterprises resettlement. The shop owners prefer cash compensation. With the bill, the owner can buy another shops for rent or managing. The tenants wil take priority to rent.
H. Resettlement Plan for Temporary buildings
IN THE WHOLE PROJECT, ONLY HUAXIANG PUMPING STATION INVOLVES IN 2140M2 PECCANT CONSTRUCTION AND OVER-TERM TEMPORARY BUILDINGS, WHICH LOCATE IN THE COLLECTIVE LAND OF GENGLANG PRODUCTION TEAM OF XINJIANONG VILLAGE, WHICH IS OCCUPIED. AFTER SIGNING AN AGREEMENT OF LAND RENT WITH THE TEAM, THE TENANT COMMITS TO BUILD HOUSES HIMSELF ON THE LAND RENTED AND AT THE SAME, COMMITS TO DEMOLISH WITHOUT QUALIFICATION WHEN CIVIL DEMOLITION. THE TEMPORARY BUILDINGS ARE MAINLY USED FOR PILING MATERIALS, STORING SEMI-PRODUCTS AND PRODUCTS FOR THE TENANT. AFTER NEGOTIATING WITH THE TENANT, THE PROJECT WILL COMPENSATE TO THE TENANT DUE TO THE RECONSTRUCTION COST OF BUILDINGS’ FRAMEWORK,AT 300 YUAN/M2 .
I. Affected Infrastructure and Ground Attachment
AFTER COMPENSATED BY PROJECT OWNERS TO PROPERTY OWNERS, PROPERTY OWNERS SHOULD RECONSTRUCT THE AFFECTED INFRASTRUCTURE AND GROUND ATTACHMENT.
The rehabilitation measures to the demolished infrastructures should be preemptively planned and disposed, and in the practical operation the work should be done in accordance with the specific situations to ensure security, high efficiency, timely without mistakes to minimize the adverse impact on the surrounding residents.
For the affected civil public facilities, the demolishers should do according to the operation map in the principle of no influence on engineering to eliminate movement. For the movement of affected pipelines, the demolishers should reconstruct (or movement) before demolition in the premise of no influence on residents’ usual life along the line(the residents who need not move included).
J. Rehabilitation Plan for Vulnerable Groups
IN THE AFFECTED AREAS, THERE ARE 10 HOUSEHOLDS LISTING IN THE VULNERABLE GROUPS WITH POOR ECONOMIC SITUATIONS INCLUDING 1 ELDER LIVING BY HIMSELF OR HERSELF, 9 WITH THE DISABLED PERSONS. THE RESETTLEMENT FOR THESE SPECIAL FAMILIES WILL TAKE MORE SPECIAL CONSIDERATION DUE TO SOME RELEVANT POLICIES.
The poor families will get practical and effective living security through Shanghai Social Security Center for Poor Residents and Families. At present, in Shanghai have social security organizations at different levels of neighborhood committees, streets, districts, counties and municipality for living security for poor residents and families in Shanghai. Therefore after moving to new residential areas these residents and peasants affected by this project will be supplied by these organizations with essential living security to ensure that their living standard will not be influenced by the movement. Apart from this, for those who have ability to work among the groups, the social security organizations at all levels provides them employment opportunity in a short time as much as possible to further develop and improve their life. And also among the groups there are 3 elders living by themselves and 2 disabled families. Since they can not act smoothly and low ability of self-tendance, the construction institutions will resettle them in the first floor of new residence for them and the disabled families will be properly resettled then as demand of them.
K. Overall Cost and Implementation Plan
THE OVERALL BUDGET INCLUDES COMPENSATION FOR LAND OCCUPATION, COMPENSATION FOR RURAL RESIDENTS’ MOVEMENT, CMPENSATION FOR THE AFFECTED ENTERPRISES, AND COMPENSATION FOR THE AFFECTED SHOPS. THE REGULATION FEE AND TAX FEE SHOULD BE CACULATED BY THE FOLLOWING FOMULA: IMPLEMENTATION ADMINISTRATION FEE EQUALS 2.5% OF THE ABOVE FOUR ITEMS; TECHNICAL TRANING FEE EQUALS 1.5% OF THE ABOVE FOUR ITEMS; UNFORESEEABLE FEE IS CACULATED AS 10% OF THE ABOVE FOUR ITEMS; AND MONITORING AND SUPERVISING FEE IS CACULATED AS 2% OF THE ABOVE EIGHT ITEMS.
The overall of the resettlement is 11.90hundred million yuan including 246916 thousandyuan as compensation for land acquisition, accounting for 20.75 %, 316217 thousandyuan as compensation for resettled rural residents, accounting for 26.58%, 395605 thousand yuan as compensation for the affected enterprises, accounting for 33.25 %, 600 thousand yuan as compensation for the affected shops, accounting for 0.05%. The overall cost is included in the whole project cost. And the capital source is mainly the self-owned fund of every project owners and the budget for each sub-project can be seen in the Table 13.
TABLE 13 BUDGETS for Sub-projects
|Sub-project |Chongming |Closure and|Jinshan Garbage|The Second |Qingpu |Changqiao |Huaxiang |West Mainline |Cost |
| |Chengqiao |movement |Collection and |Waterworks |Huaxin |Waterworks |Huaxiang |Reconstruction |(thousand|
| |Sewage |Project for|Transportation |Depth |Sewage |Reconstruction |and Linkong|Project |yuan) |
| |Treatment |Sanlin |Construction |Treatment |Treatment |Project (Phase |Press-plus | | |
| |Plant |Garbage |Project |Project in |Pipe |I) |Pumping | | |
| |Project |Ground | |Minhang |Network | |Station | | |
| | | | | |Project | |Project | | |
| | | | | | | |,Xujing, | | |
| | | | | | | |Huaxin | | |
| | | | | | | |Water | | |
| | | | | | | |Supply | | |
| | | | | | | |Pipelines | | |
|1) Cotton and |46.6 | |27.5 | |10.4 |0.0 |30.7 | | |
|grain land | | | | | | | | | |
|2)Non-agricultural| | | |225.0 | | | |1519.5 | |
|construction land | | | | | | | | | |
|3)Other |77.0 | | | | |306.0 | |565.9 | |
|non-planting land | | | | | | | | | |
|iv.Green seedings | | |2.5 | |0.9 | |2.8 | | |
|compensation | | | | | | | | | |
|4)Resettlement |546.0 | |94.5 | |115.5 | |819.0 | | |
|subsidy | | | | | | | | | |
|2.Temporary land |103.0 | |18.9 |43.2 |479.4 | |1631.0 |2320.6 | |
|acquisition | | | | | | | | | |
|3.State land |1929.2 | | |279.4 | | |1584.6 |11912.4 | |
|transferred in | | | | | | | | | |
|charge | | | | | | | | | |
|Part |1043.3 | | | | |10561.5 | |20017.0 |316217 |
|II:Compensation | | | | | | | | | |
|for rural houses | | | | | | | | | |
|1)Brick and beton | | | | | |9095.3 | |5686.8 | |
|2)Brick and wood |841.6 | | | | | | |10926.6 | |
|3)Simple | | | | | | | |1596.3 | |
|2.Movement subsidy|3.2 | | | | |24.6 | |45.1 | |
|3.Movement rewards|65.8 | | | | |409.7 | |239.4 | |
|4.Decoration |131.5 | | | | |1024.3 | |1501.8 | |
|compensation | | | | | | | | | |
|5.Telephone |0.2 | | | | |1.4 | |4.0 | |
|replacement | | | | | | | | | |
|6.Air-conditioner |0.6 | | | | |3.8 | |10.6 | |
|replacement and | | | | | | | | | |
|installation | | | | | | | | | |
|7.Cable TV |0.4 | | | | |2.3 | |6.4 | |
|replacement | | | | | | | | | |
|Part | |496.0 | | | |15713.8 |64.2 |23286.5 |395605 |
|III:Compensation | | | | | | | | | |
|for enterprises | | | | | | | | | |
|1)Frameworked | | | | | |9668.3 | | | |
|2)Brick and beton | | | | | |2537.3 | |8236.2 | |
|3)Brick and wood | | | | | | | |971.6 | |
|4)Simple | | | | | | | |132.5 | |
|pensation for| | | | | | | |6211.9 | |
|enterprises land | | | | | | | | | |
|acquisition | | | | | | | | | |
|pensation for| | | | | |701.7 | |1546.9 | |
|business and | | | | | | | | | |
|production cease | | | | | | | | | |
|4.Movement subsidy| | | | | |2806.6 | |6187.4 | |
|5.Others | |496.0 | | | | |64.2 | | |
|Part IV: | | | | | |60.0 | | |600 |
|Compensation for | | | | | | | | | |
|shops | | | | | | | | | |
|Part VI: Other |788.8 |96.7 |101.7 |137.3 |235.0 |5533.6 |1246.4 |12241.3 |200532 |
|expense | | | | | | | | | |
|3.Tranining |59.1 |7.4 |2.2 |9.8 |10.9 |425.7 |72.3 |921.7 | |
|4.Unforeseeable |393.9 |49.6 |14.3 |65.0 |72.6 |2837.7 |482.3 |6144.8 | |
|fee | | | | | | | | | |
|5. |137.9 |17.4 |5.0 |22.8 |25.4 |993.2 |168.8 |2150.7 | |
|Rreconnaissance | | | | | | | | | |
|and design | | | | | | | | | |
|6.External |78.8 |9.9 |2.9 |13.0 |14.5 |567.5 |96.5 |1229.0 | |
|monitoring and | | | | | | | | | |
|evalution | | | | | | | | | |
|7.Tax for | | |13.8 | |5.2 |0.0 |15.4 | | |
|occupying farmland| | | | | | | | | |
|8.Land reclamation| | |57.4 | |21.6 |0.0 |64.0 | | |
|9.Land re-planting|20.7 | |2.6 |10.5 |66.6 | |226.5 |259.0 | |
|Total |4727.5 |592.7 |245.2 |
|1 |Shanghai Urban Solid Waste|Sanlin Town of Pudong New District |Closure and movement Project for Sanlin Garbage Ground |
| |Treatment Project | | |
|2 | |Jiwang Town of Minhang District |Closure Project for Minhang Garbage Ground |
|３ | |Gucun Town of Baoshan |Closure Project for Gucun Garbage Ground |
|４ |Shanghai Waterworks |Minhang and Songjiang Districts |The Second Waterworks Depth Treatment Project in Minhang |
| |Reconstruction Project | | |
|５ | |Huajing Town of Xuhui District |Changqiao Waterwork Reconstruction Project of Southern |
| | | |City Waterworks |
|６ | |Beizhai Road of Changning District |Linkong Press-plus Pumping Station Project |
|７ | |Qingpu District |Huaxiang Pumping Station Project |
|８ | |Qingpu District |Xujing and Huaxin Water Supply Pipeline Project |
|９ |Shanghai Sewage Drainage |Putuo District, Zhaibei District |West Mainline Reconstruction Project |
| |and Pipeline Construction |,Baoshan District | |
| |Project | | |
|１０ | |Heqing Town, Chuansha County, Pusdong|Shanghai Bailonggang Sewage Treatment Project |
| | |New District | |
|1１ |Shanghai Suburban |Chengqiao Town of Chongming County |Chongming Chengqiao Sewage Treatment Project |
| |Environment Construction | | |
| |Project | | |
|１２ | |Chongming County |Chongming Living Dump Integrated Treatment Project Phase I|
|１３ | |Huaxin Town of Qingpu District |Qingpu Huaxin Sewage Treatment Pipe Network Project |
|１４ | |Jinshan District |Jinshan Garbage Collection and Transportation System |
| | | |Project |
Table 1.2 Basic Situations of Each Sub-projects in SHUEP(Phase II)
|No. |Type of Project |Project Name |Construction Content |Remarks |
|1 |hanghai Urban Solid |Closure and movement Project for |Garbage movement, internal closure | |
| |Waste Treatment Project |Sanlin Garbage Ground |and ecological rehabilitation | |
| | | |projects | |
|2 | |Closure Project for Minhang Garbage |Internal closure and ecological |Previous dump |
| | |Ground |rehaibilitation project, occupying |occupying |
| | | |210 mu |land, no need |
| | | | |of RAP |
|３ | |Closure Project for Gucun Garbage |Internal closure and ecological |Previous dump |
| | |Ground |rehaibilitation, occupying 177 mu |occupying |
| | | | |land, no need |
| | | | |of RAP |
|４ |Shanghai Water works |The Second Waterworks Depth Treatment|Tap Water Preemptive and Depth | |
| |Reconstruction Project |Project in Minhang |Treatment Construction project | |
|５ | |Changqiao Waterworks Reconstruction |0.8 million tons/day regular | |
| | |Project of Southern City Waterworks |treatment and 14 million tons/day for| |
| | | |the whole work depth treatment step | |
| | | |by step reconstruction | |
|６ | |Linkong Press-plus Pumping Station |Linkong Press-plus dumping station | |
| | |Project | | |
|７ | |Huaxiang Pumping Station Project |Dumping station | |
|８ | |Xujing and Huaxin Water Supply |The whole length is 57.26km,pipe dia | |
| | |Pipeline Project |is DN500～DN1200mm. | |
|９ |Shanghai Sewage Drainage|West Mainline Reconstruction Project |Dumping and pipe network system | |
| | | |reconstruction | |
|１０ | |Shanghai Bailonggang Sewage Treatment|217tds/d for short-term, 210t/d for |To be |
| | |Project |long-term sewage treatment |constructed in|
| | | | |the obligated |
| | | | |location, no |
| | | | |need of RAP |
|1１ |Shanghai Suburban |Chongming Chengqiao Sewage Treatment |Sewage Plants and Pipe Network System| |
| |Environment Construction|Project | | |
| |Project | | | |
|１２ | |Chongming Living Dump Integrated |Garbage Ground Construction Project |To use |
| | |Treatment Project Phase I | |seashore, no |
| | | | |need of RAP |
|１３ | |Qingpu Huaxin Sewage Treatment Pipe |Pipe Network and Dumping Stations | |
| | |Network Project | | |
|１４ | |Jinshan Garbage Collection and |Collection Tools, Transport Stations | |
| | |Transportation System Project |Construction | |
1. Beneficiary Area and Affected Area of the Project
1. BENEFICIARY AREA
THE PROJECT WILL DO BENEFIT TO 17 DISTRICTS AND 1COUNTY IN SHANGHAI WITH BENEFICIARY POLLUTION OF 13471.77*TEN THOUSAND. THE PROJECT CAN FURTHER IMPROVE THE ENVIRONMENT, TO SET SHANGHAI IMAGE AS A METROPOLIS AND TO PROMOTE SHANGHAI COMPREHENSIVE AND SUSTAINABLE SOCIAL AND ECONOMIC DEVELOPMENT. MEANWHILE, IT WILL CREATE FOUNDATION TO CONSTRUCTION SHANGHAI AS A MODERN AND INTERNATIONAL METROPOLIS IN THE COMMUNISM SOCIETY AND ONE OF THE INTERNATIONALA TRADE,FINANCE, ECONOMIC AND SHIPPING CENTERS TO BE A PIONEER TO REALIZE BASIC MODERNIZATION.
2. Affected Area
THE OVERALL NUMBER OF THE AREAS AFFECTED BY THE LAND ACQUISITION AND DEMOLITION AMOUNTS TO 10 THAT IS MINHANG DISTRICT, SONGJIANG DISTRICT, XUHUI DISTRICT, CHANGNING DISTRICT, QINGPU DISTRICT, ZHABEI DISTRICT, BAOSHAN DISTRICT, JINSHAN DISTRICT AND CHONGMING COUNTY. AND AMONG THOSE, THE PERMANENT LAND ACQUISITION INVOLVES IN 10 DISTRICTS ( OR COUNTY, THE SAME TO THE ABOVE) WITH MOST EFFECT OF LAND ACQUISITION, RESIDENTS DEMOLITION, MOVEMENT OF ENTERPRISES, INFRASTRUCTURE, GROUND ATTACHMENT AND ETC; BOTH LAND ACQUISITION AND HOUSE DEMOLITION AFFECT 5 DISTRICTS (COUNTY) INCLUDING XUHUI DISTRICT, PUTUO DISTRICT, ZHABEI DISTRICT, BAOSHAN DISTRICT AND CHONGMING COUNTY WITH 4854 APS. THE OCCUPIED LAND TOTALLY AMOUNTS TO 580.59 MU AND DEMOLISHED HOUSES ACREAGE 150796 M2.
All the permanent occupied land amounts to 580.59mu, among which there are 480.46mu collective land and 100.13mu state land transferred in charge. The permanent land acquisition affects 444 persons, among which 150 persons should be resettled. Besides, Closure and movement Project for Sanlin Garbage Ground needs to occupy 620 thousand m3 waste mining tunnels of Shanghai Jingfeng Industrial Co., Ltd.
The whole temporarily occupied land amounts to 948.4mu, among which 322.3mu collective planting land and 626.1mu roads and virescence. The occupation term is 3 months at least and 1 year at most without no affected persons.
The whole demolished houses amount to 61086m2,including 20485m2 brick and beton storied building, accounting for 31.96%; 11686m2 brick and beton bungalow, accounting for 20.58%; 25159m2 brick and wood house, accounting for 41.6%; and 3756m2simple house, accounting for 5.86% with the details in Table 2.3. The affected household amounts to 378 with 1385 persons.
The whole affected enterprises amount to 67 among which 66 are affected by house demolition and movement, 1 is affected on the attachment(Closure and movement Project for Sanlin Garbage Ground needs to occupy 620 thousandm3 waste mining tunnels of Shanghai Jingfeng Industrial Co., Ltd). The whole demolished houses of enterprises amount to 89710m2. The movement of enterprises affects 2881 persons including 2347 temporary workers from other places.
The whole affected shops amount to 58, among which 6 shops have business license but no business land certificate, and 52 shops have no either of the two. The houses of shops who have license amount to 185M2 and those who have no license amount to 1237M2, calculated into residents’ houses and the houses above are all brick and beton framed. The whole affected persons of shops demolition amount to 144, including 17 persons affected by the demolished shops who have license(7 temporary workers from other places) and 127 persons affected by the those who have no license(all of them are rented by the temporary workers).
Totally there are 4854 directly affected persons among which 444 are affected by land acquisition and 231 labors should be resettled; 378 households with 1385 persons are affected by residents’ house demolition; 2881 persons are affected by enterprise demolition including 2347 temporary workers; 144 persons are affected by shop demolition including 134 temporary workers.
2. Identification of LINKAGE ISSUES
PROJECT OWNERS VALUE MUCH ON IDENTIFYING RELATED PROJECT DURING THE PROCESS OF PLANNING, THEY HAD RELATIONSHIP ANALYSIS TO ALL PROJECTS. THROUGH ANALYSIS, THERE ARE 4 RELATED PROJECTS, THREE OF WHICH ARE CLOSURE PROJECTS FOR GARBAGE GROUND, THAT IS , CLOSURE AND MOVEMENT PROJECT FOR SANLIN GARBAGE GROUND , CLOSURE PROJECT FOR MINHANG GARBAGE GROUND, AND CLOSURE PROJECT FOR GUCUN GARBAGE GROUND . THOSE THREE PROJECTS ARE RELATED TO SOIL-TAKEN PROJECT FOR DEMANDS OF TAKING SOIL TO COVER AND CLOSE GARBAGE GROUND. THE OTHER ONE IS QINGPU HUAXIN SEWAGE TREATMENT PROJECT, WHICH WAS RELATED TO PROJECT FOR PROVIDING A LOAN FROM WORLD BANK AND PIPELINE NETWORKS PROJECT BECAUSE OF SEWAGE TREATMENT PROJECT WAS NOT IN THE AREA.
Through study, projects including Closure and Movement Project for Sanlin Garbage Ground ,Closure Project for Minhang Garbage Ground , and Closure Project for Gucun Garbage Ground , took soil in three ways: one was using garbage soil as soil for covering , another way was using the discarded soil from Shanghai construction projects, a lot of discarded soil form Shanghai construction projects couldn’t be piled up without land , covering garbage ground using these soil helped make good use of these discarded soil ,as well as save money, and the other way was get soil through designing garden department and some companies buying nutrition soil for virescence project after closure, through survey , the tree parts above could meet demand for covering soil. There hadn’t any problem from land acquisition and demolition, and also didn’t affect any work unit and people.
Qingpu Huaxin Sewage Treatment Plant would choose site where south to Suhu Road, west to Xintongpo pond, and east to Fanghuang Road, occupying land about 81.3mu. The site with convenient transportation locates in the center area of Huaxin Sewage Treatment Plant, where sewage was let into Xindongpo pound. The land of Huaxin Sewage Plant for land acquisition is farmland and pound, in there no resident house, but some resident house nearby should be moved since the influence from project construction to environment. The Sewage Treatment Plant was set up with the fund invested by Zhuhai Drainage Ltd. The situation related to land acquisition and house demolition of migration is shown in annex1- land acquisition and house demolition and migration Resettlement of Qingpu Huaxin Sewage Treatment Plant.
3. Project Design Process
THE EARLIST PROPOSAL OF THE PROJECT BEGAN IN 2001. SINCE THE SUB-PROJECTS ARE DISPUTED AND BELONG TO DIFFERENT DEPARTMENTS WITH THE RESULT THAT THE DESIGN PROGRESS IS NOT EVEN AND SUCCESSIVELY THEY COMPILED PROJECT PROPOSALS, PREEMPTIVE FEASIBILITY REPORTS, FEASIBILITY REPORTS AND RAPS. THE DESIGN PROGRESS OF EACH SUB-PROJECT CAN BE SEEN IN TABLE 1.3
Table 1.3 Design Progress of Each Sub-project
|Sub-Project Name |Project Proposal |Preeptive Feasibility |Feasibility Report |RAP |
| | |Report | | |
|Closure and movement |Replaced by FR |In March 2004, Shanghai|In September 2004, Shanghai |From October to |
|Project for Sanlin | |Environment Engineering|Environment Hygiene |December 2004,Shanghai |
|Garbage Ground | |Design and Scienctific |Engineering Desingn Institute|City Appearance and |
| | |Research Insititue | |Environment Hygiene |
| | | | |Administrative Bureau |
|Closure Project for |Replaced by FR |In March 2004, Shanghai|In September 2004,Shanghai |From October to |
|Minhang Garbage Ground | |Environment Engineering|Environment Hygiene |December 2004 |
| | |Design and Scienctific |Engineering Design Institute | |
| | |Research Insititue | | |
|Closure Project for |Replaced by FR |In March 2004, Shanghai|In September 2004,Shanghai |No need of RAP |
|Gucun Garbage Ground | |Environment Engineering|Environment Hygiene | |
| | |Design and Scienctific |Engineering Design Institute | |
| | |Research Insititue | | |
|The Second Waterworks |In April 2003, Shanghai| In November |In July 2004,Shanghai Civil |From September to |
|Depth Treatent Project |Tapwater Minhang Co., |2003,Shanghai Civil |Affairs Engineering Design |December 2004, Shanghai|
|in Minhang |Ltd and Shanghai Civil|Affairs Engineering |Institute |Tapwater Minhang |
| |Affairs Engineering |Design Institute | |Co.,Ltd and Shanghai |
| |Design Institute | | |Bohong Construction |
| | | | |Co., Ltd |
|Changqiao Waterworks |In June 2004, Shanghai |Under the way |Under the way |From September to |
|Reconstruction Project |Civil Affairs | | |December 2004, Shanghai|
|of Shanghai southern |Engineering Design | | |Tapwater Southern Co., |
|Co., Ltd |Institute | | |Ltd |
|Linkong Press plus |Replaced by FR |Replaced by FR |In July 2004,Shanghai Civil |Shanghai Tapwater |
|Pumping Station Project|Approved | |Affairs Engineering Design |Southern Co., Ltd began|
| | | |Institute |to compile RAP since |
| | | | |September 2004 |
| | | | |andfinished it in |
| | | | |December. |
|Huaxiang Pumping |Replaced by FR |Replaced by FR |From July to December 2004, |From September to |
|Station Project, Xujing|Approved | |Shanghai Civil Affairs |Deceber 2004,Shanghai |
|and Huaxin Water Supply| | |Engineering Design Institu e |Tapwater Southern Co., |
|Pipelines Project | | |finished the feasibility |Ltd |
| | | |report of Huaxiang Pumping | |
| | | |Station and that of Huaxiang | |
| | | |Road Press-plus Pumping | |
| | | |Station Project | |
|West Mainline |Replaced by PFR |In May 2004, |Will be ended In September |From September to |
|Reconstruction Project | |Shanghai Civil Affairs |2004, |December 2004,Shanghai |
| | |Engineering Design |Shanghai Civil Affairs |Urban Drainage Co., Ltd|
| | |Institute |Engineering Design Institute | |
|Shanghai Bailonggang |Replaced by PFR |Shanghai Civil Affairs |In November 2003, Shanghai |No need of RAP |
|Sewage Treatment Plant | |Engineering Design |Urban Drainage Co., Ltd, | |
|Project | |Institute |Shanghai Water Environment | |
| | | |Construction Coo., Ltd, | |
| | | |Shanghai Civil Affairs | |
| | | |Engineering Design and | |
| | | |Research Institutue, Shanghai| |
| | | |Urban ConstructionDesign and | |
| | | |Research Institute | |
|Chonging Chengqiao |From June to August | |From September to December, |From Septeber to |
|Sewage Treatment Plant |2004, and in August | |Shanghai Chengtou Environment|December 2004, Shanghai|
|Project |2004 to confir the | |Industrial Management Co., |Chengtou Environment |
| |Prroject | |Ltd |Industrial Management |
| | | | |Co., Ltd |
|Chongming Living Dump | | |Ended in April 2004, |No need of RAP |
|Integrated Treatment | | |Shhanghai Environment Hygiene| |
|Plant Project(Phase Ii)| | |Engineering Design Institute | |
|Qingpu Huaxin Sewage | | |In June to November 2004, |From September to |
|Treatment Plant Project| | |Shanghai Civil Affairs |December 2004, Shanghai|
| | | |Engineering Design Institute |Chengtou Environent |
| | | | |Industrial Management |
| | | | |Co., Ltd |
|Jinshan Garbage |In Septeber 2004, | |In November 2004 |From September to |
|Collection and |Shanghai Environment | | |December 2004, Shanghai|
|Transportation System |Engineering Design | | |Chengtou Environment |
|Construction Project |Institute | | |Industrial Management |
| | | | |Co., Ltd |
4. Overall Investment and Captial Source of the Project
THIS PROJECT BELONGS TO THE CONSTRUCTION OF BASIC FACILITIES OF THE CITY. SHANGHAI GOVERNMENT IS RESPONSIBLE FOR ITS INVESTMENT AND CONSTRUCTION. THE CONSTRUCTION FUNDS ARE COMPOSED OF DOMESTIC FACILITIES FUND AND WORLD BANK FUND. IT IS ESTIMATED THE GROSS INVESTMENT SUMS TO 4.125 BILLION YUAN RMB. THE SOURCE OF THE FUNDS: DOMESTIC FACILITIES FUND — 2.772BILLIONYUAN RMB; WORLD BANK FUND — 1.348BILLION YUAN RMB. THE DETAILED INFORMATION OF FUNDS FOR EACH PROJECT IS LISTED IN THE FOLLOWINGTABLE 1.4.
Table 1.4 Investment and Capital Source of Each Sub-project
|Project Content |Allocated Fund |WB LOAN |TOTAL |
| |(thousand Yuan) |(thousand Yuan) |(thousand Yuan) |
|1Closure and movement Project for Sanlin Garbage Ground |53002 |24810 |77812 |
|2Closure Project for Minhang Garbage Ground |20977.7 |12122.4 |33100.1 |
|3Closure Project for Gucun Garbage Ground |51605.6 |19900 |71505.6 |
|4The Second Waterworks Depth Treatment Project in Minhang |173749.2 |80900 |254649.2 |
|5Changqiao Waterworks Reconstruction Project of Southern City |608824.6 |202585.5 |811410.1 |
|Waterworks | | | |
|6Huaxiang Pumping Station Project |46570.3 |23285.2 |69855.5 |
|7Linkong Press-plus Pumping Station Project |26806.3 |13403.1 |40209.4 |
|8Xujing and Huaxin Water Supply Pipeline Project |163443.2 |89530 |252973.2 |
|9West Mainline Reconstruction Project |100549.23 |218430 |1223922.3 |
|10Shanghai Bailonggang Sewage Treatment Project |272749.8 |501580 |774329.8 |
|11Chongming Chengqiao Sewage Treatment Project |143000 |65000 |208000 |
|12Chongming Living Dump Integrated Treatment Project Phase I |77834.2 |30000 |107834.2 |
|13Qingpu Huaxin Sewage Treatment Pipe Network Project |97197.8 |48540 |145737.8 |
|14Jinshan Garbage Collection and Transportation System Project |35947.1 |17973.6 |53920.7 |
|15 Total |2777200.1 |1348059.8 |4125259.9 |
5. Measures for MINIMIZE Project Impact
1. PROJECT PLANNING AND DESIGN PHASE
DURING THE PROJECT’S PLAN AND DESIGN PHASE, EFFECTIVE MEASURES HAVE BEEN TAKEN BY THE DESIGN UNIT AND THE PROJECT OWNER IN ORDER TO REDUCE THE PROJECT’S INFLUENCES UPON THE LOCAL ECONOMY:
A. During the phase of project planning, the blue prints are compared and optimized, taking into consideration as much as possible the influences of the project upon local economy that is regarded as the key factor in the comparing and optimizing of blue prints.
B. Based on the reasonable analyses of the line design, the design unit plans to lay the sewage pipe in the middle of the road or on the verge of the city, trying to avoid housebreaking.
C. Measures are taken to make use of the wasteland, bottomland and state-owned land while reducing the occupation of plantation; the burying of garbage with soil shall take various forms, trying not to occupy the plantation; Chongming garbage ground makes use of bottomland instead of plantation; waterworks disposal pool adopts effective multi-layered clarifying pool, reducing the occupation of land.
D. Jacking pipe is adopted in construction when across road and river in order to reduce the destruction of them.
2. Project Implementation Phase
THE CONSTRUCTION OF THE PIPE NETWORK IS USUALLY CARRIED OUT IN THE MIDDLE OF THE ROAD OR ON THE SIDE OF IT. THE EXCAVATION OF THE ROADS WILL SEVERELY INFLUENCED LOCAL TRANSPORTATION, WHICH HAS BEEN TAKEN INTO FULL CONSIDERATION BY THE PROJECT EXPLOITER. FOR THE BUSY ROAD, TEMPORARY PATHS ARE DESIGNED AND SPECIAL TRAFFIC POLICEMEN ARE ARRANGED FOR THE SAKE OF NORMAL TRANSPORTATION. AS FOR THE METHOD OF CONSTRUCTION, SUBSECTION CONSTRUCTION IS APPLIED IN ORDER TO FINISH DIGGING, PIPE LAYING, AND REFILLING IN THE SHORTEST TIME; AND FOR THE BUSY ROAD, THE RUSH HOUR SHOULD BE AVOIDED. (E.G. CONSTRUCTING AT NIGHT FOR NORMAL TRANSPORTATION) THE CONSTRUCTION OF PIPE NET IS MAINLY DISTRIBUTED AMONG THE NEWLY EXPLOITED ROADS OR COUNTRY ROADS. BECAUSE THE POPULATION AND TRANSPORTATION OF THESE AREAS ARE NOT SO DENSE, CERTAIN CONSTRUCTION METHOD AND TRANSPORTATION CONTROL WILL EFFECTIVELY REDUCE THE INFLUENCE FROM CONSTRUCTION UPON TRANSPORTATION.
1. Measures to reduce flying dust
THE EARTH IS PILED UP BESIDE THE ROAD AFTER DIGGING OUT FROM THE DITCH. IN DRY SEASON THE WIND AND THE MACHINERY CAUSE THE DUST FLYING, WHICH INFLUENCES THE NEARBY INHABITANTS AND FACTORIES. IN ORDER TO REDUCE THE INFLUENCE ON THE ENVIRONMENT, WATER SHOULD BE SPRAYED ON THE DESERTED EARTH TO AVOID DUST FLYING IN SUNNY WINDY WEATHER. THE CONSTRUCTION UNIT SHOULD DISPOSE THE DESERTED EARTH TIMELY AS PLANNED, AND NOT OVERLOAD IN SHIPPING, TAKING MEASURES TO GUARANTEE NO LEAKING OF THE EARTH IN TRANSPORTATION. BEFORE THE TRUCKS START, THE WHEEL SHOULD BE WASHED CLEAN WITH HIGH-PRESSURE WATER TO AVOID THE DESERTED EARTH POLLUTING ON THE WAY, INFLUENCING THE NEATNESS OF THE ENVIRONMENT. MEANWHILE AS A REGULATION, THE ROAD IN FRONT OF THE GATE OF CONSTRUCTION UNIT SHOULD BE KEPT NEAT, AND ANY DESERTED EARTH SHOULD BE SWEPT AWAY IN TIME.
2. Measures to Control noises
CONSTRUCTION NOISES COME FROM PIPE LINES INSTALLMENT, DITCH DIGGING, VEHICLE HORNS, MOTOR, CONCRETE-MILLING, AND ROAD ROLLER. IN ORDER TO REDUCE THE INFLUENCE ON THE NEARBY RESIDENTS, IT IS NOT PERMITTED FOR THE CONSTRUCTION WITHIN 200 METERS DISTANCE FROM RESIDENTIAL AREA TO WORK LATER THAN 23:00 AND EARLIER THAN 6:00, MEANWHILE THE CONSTRUCTION UNIT SHOULD TAKE PRIOR CONSIDERATION ON CONSTRUCTION FACILITIES AND METHOD, ADOPTING LOW-NOISED MACHINERY AND SETTING UP TEMPORARY SOUND BARRIER TO ENSURE THE SOUND ENVIRONMENT QUALITY OF THE RESIDENTIAL AREA.
3. Treatment of wastes on the spot
THE PROJECT EXPLOITER AND THE CONSTRUCTION UNIT SHOULD CONTACT TIMELY THE LOCAL ENVIRONMENT AND HYGIENE DEPARTMENT, DISPOSING THE GARBAGE IN CONSTRUCTION AREA TO KEEP WORKING AREA CLEAN AND TIDY.
3. Land acquisition and house demolition RAP and implementation Phase
WHEN LAND ACQUISITION AND HOUSE DEMOLITION IS UNAVOIDABLE, MEASURES ARE TAKEN IN ORDER TO REDUCE THE INFLUENCE OF THE CONSTRUCTION TO LOCAL AREA.
Collect more basic data so as to make deep and comprehensive analyses of local economy’s present and future conditions, together with the feasible resettlement plan made by local authorities, to ensure the influenced people without much loss.
Encourage the public participation and accept the public surveillance.
Strengthen the internal and external inspection, set up effective feedback system and channel, and try best to shorten the information processing cycle to ensure any problem emerged in construction will be solved in time.
Inform part of the affected enterprises in advance, arrange properly the remove, make compensation for part of the loss, try best to shorten the period of stopping production, negotiate with the owner and properly arrange the workers in the resettlement enterprises.
Help the resettlement residents and enterprises to get the aid form the related function department, provide convenience for them to ensure the resettlement go smoothly with less burden and loss.
Project Impacts
According to the requisition of WB, entrusted by PMO, Shanghai Bohong Construction Co. Ltd made a particular survey on the influence upon the requisitioned land, temporary engrossed land, residents, and enterprises from September 30 to October 10 in the year of 2004. In October, 2004 the resettlement report was worked out according to the WB’s requisition. All the resettlers have attended the survey that concerns the practicalities affected by the construction. It is carried through based on projects. The survey team carefully listened to the suggestions about land acquisition and house demolition from the residents, enterprises and resettlers, and made comprehensive negotiations.
The overall number of the areas affected by the land acquisition and demolition amounts to 10 that is Minhang District, Songjiang District, Xuhui District, Changning District, Qingpu District, Zhabei District, Baoshan District, Jinshan District and Chongming County. And among those, the permanent land acquisition involves in 10 districts ( or county, the same to the above); both land acquisition and house demolition affect 5 districts (county) including Xuhui District, Putuo District, Zhabei District, Baoshan District and Chongming County. The whole affected households’ amount to 1259 with 4854 persons. The occupied land totally amounts to 580.59 mu and demolished houses acreage 150796 m2.
The whole project has 7 sub-projects involving in permanent land acquisition and they are The Second Waterworks Depth Treatment Project in Minhang, Changqiao Waterworks Reconstruction Project, Huaxiang and Linkong Press-plus Pumping Station Project[7], West Mainline Reconstruction Project, Chongming Chengqiao Sewage Treatment Project, Qingpu Huaxin Sewage Treatment Pipe Network Project and Jinshan Garbage Collection and Transportation System Project. All the permanent occupied land amounts to 580.59mu, among which there are 480.46mu collective land and 100.13mu state land transferred in charge. The permanent land acquisition affects 444 persons, among which 150 persons belong to labor force. The specific land acquisition details of each sub-project can be seen in Table 2.1. Besides, Closure and movement Project for Sanlin Garbage Ground needs to occupy 620 thousand m3 waste mining tunnels of Shanghai Jingfeng Industrial Co., Ltd.
In the whole project, there are 6 sub-projects involving in temporary land acquisition and they are The Second Waterworks Depth Treatment Project in Minhang,Linkong Press plus Pumping Station, Xujing and Huaxin Pipelines Project, West Mainline Project, Chongming Chengqiao Sewage Treatment Project, Qingpu Huaxin Sewage Treatment Pipe Network Project and Jinshan Garbage Collection and Transportation System Project. The whole occupied land amounts to 948.4mu, among which 322.3mu collective planting land and 626.1mu roads and virescence. The occupation term is 3 months at least and 1 year at most without no affected persons.
In the whole project there are 3 sub-projects involving in rural house demolition without effect on city houses and they are respectively Changqiao Waterworks Reconstruction Project(Phase I), Chongming Sewage Treatment Project and West Mainline Reconstruction Project. The whole demolished houses amount to 61086 m2, including 20485 m2 brick and beton storied building, accounting for 31.96%; 11686 m2 brick and beton bungalow, accounting for 20.58%; 25159 m2 brick and wood house, accounting for 41.6%; and 3756 m2simple house, accounting for 5.86% with the details in Table 2.3. The affected household amounts to 378 with 1385 persons.
In the whole project there are 3 sub-projects involving in enterprises and they are Changqiao Waterworks Reconstruction Project (Phase I), West Mainline Reconstruction Project and Closure and movement Project for Sanlin Garbage Ground. The whole affected enterprises amount to 67 among which 66 are affected by house demolition and movement, 1 is affected by land acquisition (Closure and movement Project for Sanlin Garbage Ground needs to occupy 620 thousandm3 waste mining tunnels of Shanghai Jingfeng Industrial Co., Ltd). The whole demolished houses of enterprises amount to 89710 m2,including 21018 m2 framed houses, 58524m2 brick and beton houses, 8097 m2 brick and wood houses and 2071 m2 simple houses. The project does not involve in institutions. The movement of enterprises affects 2881 persons including 2347 temporary workers from other places.
In the whole project there are 2 sub-projects involving in shop demolition and they are Changqiao Waterworks Reconstruction Project (Phase I) and West Mainline Reconstruction Project. The whole affected shops amount to 58, non business construction, among which 6 shops have business license but no business land certificate, and 52 shops have no the two. The houses of shops who have license amount to 185 m2 and those who have no license amount to 1237 m2, calculated into residents’ houses and the houses above are all brick and beton framed. The whole affected persons of shops demolition amount to 144, including 17 persons affected by the demolished shops who have license(7 temporary workers from other places) and 127 persons affected by the those who have no license(all of them are rented by the temporary workers).
In the whole project there are 6 sub-projects directly affecting population of all varieties. The directly affected population comes from land acquisition, house demolition, enterprise demolition and shop demolition with totally 4854 directly affected persons among which 444 are affected by land acquisition and 150 labors should be resettled; 378 households with 1385 persons are affected by residents’ house demolition; 2881 persons are affected by enterprise demolition including 2347 temporary workers; 144 persons are affected by shop demolition including 134 temporary workers.
In the whole project only Huaxiang Pumping Station, Linkong Pumping Station, and Xujing, Huaxin Water Supply Pipelines Projects involves in Temporary building with total 2140m2 acreage belonging to simple framed houses.
The project affects 37 kinds of ground attachment and public facilities.
6. Affected Land
1. PERMANENT LAND ACQUISITION
THE WHOLE PROJECT HAS 7 SUB-PROJECTS INVOLVING IN PERMANENT LAND ACQUISITION AND THEY ARE THE SECOND WATERWORKS DEPTH TREATMENT PROJECT IN MINHANG, CHANGQIAO WATERWORKS RECONSTRUCTION PROJECT, HUAXIANG AND LINKONG PRESS-PLUS PUMPING STATION PROJECT, WEST MAINLINE RECONSTRUCTION PROJECT, CHONGMING CHENGQIAO SEWAGE TREATMENT PROJECT, QINGPU HUAXIN SEWAGE TREATMENT PIPE NETWORK PROJECT AND JINSHAN GARBAGE COLLECTION AND TRANSPORTATION SYSTEM PROJECT. ALL THE PERMANENT OCCUPIED LAND AMOUNTS TO 580.59MU, AMONG WHICH THERE ARE 480.46MU COLLECTIVE LAND (57.2U LAND FOR CORN AND GRAIN PLANTING) AND 100.13MU STATE LAND TRANSFERRED IN CHARGE. THE SPECIFIC LAND ACQUISITION DETAILS OF EACH SUB-PROJECT CAN BE SEEN IN TABLE 2.1. BESIDES, CLOSURE AND MOVEMENT PROJECT FOR SANLIN GARBAGE GROUND NEEDS TO OCCUPY 620 THOUSAND M3 WASTE MINING TUNNELS OF SHANGHAI JINGFENG INDUSTRIAL CO., LTD. THE PERMANENT LAND ACQUISITION AFFECTS 444 PERSONS, AMONG WHICH 150 PERSONS BELONG TO LABOR FORCE.
2. Temporary Land Acquisition
IN THE WHOLE PROJECT, THERE ARE 6 SUB-PROJECTS INVOLVING IN TEMPORARY LAND ACQUISITION AND THEY ARE THE SECOND WATERWORKS DEPTH TREATMENT PROJECT IN MINHANG,LINKONG PRESS PLUS PUMPING STATION, XUJING AND HUAXIN PIPELINES PROJECT, WEST MAINLINE PROJECT, CHONGMING CHENGQIAO SEWAGE TREATMENT PROJECT, QINGPU HUAXIN SEWAGE TREATMENT PIPE NETWORK PROJECT AND JINSHAN GARBAGE COLLECTION AND TRANSPORTATION SYSTEM PROJECT. THE WHOLE OCCUPIED LAND AMOUNTS TO 948.4MU, AMONG WHICH 322.3MU COLLECTIVE PLANTING LAND AND 626.1MU ROADS AND VIRESCENCE. THE OCCUPATION TERM IS 3 MONTHS AT LEAST AND 1 YEAR AT MOST WITHOUT NO AFFECTED PERSONS WITH THE DETAILS IN2.3.
TABLE 2.1LAND ACQUISITION SITUATION
|Sub-project name |Single |Land Acreage |Collective Land(mu) |
| |Engineering |（mu） | |
| | | |Total |Brick and beton |Brick and beton |Brick and wood|simple |
| | | | |storied building |bungalow | | |
|Chongming Sewage |16 |57 |2630 | | |2630 | |
|Treatment Plant | | | | | | | |
|West Mainline |266 |1064 |40546 |0 |12761 |24029 |3756 |
|Reconstruction | | | | | | | |
|Project | | | | | | | |
|Total |378 |1385 |61086 |20485 |11686 |25159 |3756 |
|Proportion |31.96% |20.58% |41.60% |5.86% |
Table 2.4 Demolished House Acreage and Proportion of Residents/ hh
|Acreage |Changqiao Waterworks |West Mainline |Chonging Sewage Treatment Plant |
|(m2) |Household（hh） |Population（person） |
|Xingmei Macromolecule Furniture |630 |Simple |
|and Decoration Materials Co., Ltd | | |
|Shanghai Hongguang Metals Fare shop |480 |Simple |
|Shanghai Zhuandian New Walls Production Co., Ltd |1030 |Simple |
| Total |2140 | |
7. Affected Population
1. DIRECTLY AFFECTED POPUATION
IN THE WHOLE PROJECT THERE ARE 6 SUB-PROJECTS DIRECTLY AFFECTING POPULATION OF ALL VARIETIES. THE DIRECTLY AFFECTED POPULATION COMES FROM LAND ACQUISITION, HOUSE DEMOLITION, ENTERPRISE DEMOLITION AND SHOP DEMOLITION WITH TOTALLY 4854 DIRECTLY AFFECTED PERSONS AMONG WHICH 444 ARE AFFECTED BY LAND ACQUISITION AND 150 LABORS SHOULD BE RESETTLED; 378 HOUSEHOLDS WITH 1385 PERSONS ARE AFFECTED BY RESIDENTS’ HOUSE DEMOLITION; 2881 PERSONS ARE AFFECTED BY ENTERPRISE DEMOLITION INCLUDING 2347 TEMPORARY WORKERS; 144 PERSONS ARE AFFECTED BY SHOP DEMOLITION INCLUDING 134 TEMPORARY WORKERS. THE AFFECTED POPULATION OF EACH SUB-PROJECT CAN BE SEEN IN TABLE 2.9 DIRECTLY AFFECTED SITUATIONS.
Table 2.9 Directly Affected Situations
|Sub-project |Land |Demolished household |Affected |Affecte|total（person） |
| |acquisitio| |enterprise|d shop | |
| |n effect | | | | |
| | | | | |5-securiti|Disable|
| | | | | |ed |d |
|West Mainline Reconstruction Project |Baoshan |No.20 Shenjiaqiao Village, Yuepu |2 |5 |0 |2 |
| |District |Town | | | | |
| | |No.47 Tangbei, Changcun Village, | | | | |
| | |Yangxing Town | | | | |
|Chongming Chengqiao Sewage Treatment Project |Chongming |Team 11 Jinhai Village, Chengqiao |2 |5 |0 |2 |
| |County |Town | | | | |
|Total | | |10 |31 |１ |９ |
8. Affected Ground Attachment
THIS PROJECT AFFECTS 37 KINDS OF GROUND ATTACHMENT AND PUBLIC FACILITIES, AND DETAILS ARE SHOWN IN TABLE 2.11.
Table 2.11 Affected Ground Attachment and Public Facilities
|Item |Unit |Closure and |Closure Project|Changqiao |West Mainline |
| | |movement |for Minhang |Waterworks |Reconstruction |
| | |Project for |Garbage Ground |Reconstruction |Project |
| | |Sanlin Garbage | |Project Phase I| |
| | |Ground | | | |
|Registration at the end of year(ten thousand |1098.28 |1283.35 |1321.63 |1334.23 |1341.77 |
|person) | | | | | |
|#Non-agricultural Population |645.23 |864.46 |986.16 |1018.81 |1041.39 |
|Population with occupation(ten thousand person)|698.32 |787.72 |745.24 |792.04 |813.05 |
|Employment (ten thousand person) |422.81 |508.10 |390.14 |373.42 |358.59 |
|Urban registered unemployment rate(％) |2.3 |1.5 |3.5 |4.8 |4.9 |
|GDP(109 Yuan) |272.81 |756.45 |4551.15 |5408.76 |6250.81 |
|first industry |11.00 |32.60 |83.20 |88.24 |92.98 |
|Second industry |211.05 |482.68 |2163.68 |2564.69 |3130.27 |
|#industry |207.47 |446.88 |1956.66 |2312.77 |2865.85 |
|Third industry |50.76 |241.17 |2304.27 |2755.83 |3027.11 |
|Final consumption(109 Yuan) |59.06 |316.80 |1947.10 |2455.67 |2769.74 |
|Residents consumption |48.25 |257.16 |1521.05 |1902.19 |2122.90 |
|Government consumption |10.81 |59.64 |426.05 |553.48 |646.84 |
|Entire Fixed Investment Gross(109 Yuan) |27.91 |227.08 |1869.67 |2187.06 |2452.11 |
|Municipal Fiancé income(109 Yuan) |190.67 |284.36 |1752.70 |2202.25 |2828.87 |
|#Local Finance Income |169.22 |170.03 |497.96 |719.79 |899.29 |
|Local Finance Expense(109 Yuan) |26.01 |75.56 |622.84 |877.84 |1102.64 |
|Residents Consuming price index(last year=100) |100.5 |106.3 |102.5 |100.5 |100.1 |
|Commodity retail price index(last year=100) |100.1 |104.8 |96.4 |98.7 |99.0 |
|Gross household（ten thousand hh） |291.68 |415.28 |475.73 |481.77 |486.06 |
|Average population per hh（person） |3.8 |3.1 |2.8 |2.8 |2.8 |
|Average disposable income of Urban |406 |2182 |11718 |13250 |14867 |
|residents（Yuan） | | | | | |
|Average Net Income of rural residents（Yuan） |281 |1936 |5565 |6212 |6658 |
Table 3.2 Basic Socio-economic Situations in the Affected District (County) in 2003
|District/County |Pudong New District |Qingpu District |
|Indicator | | |
|Male |48％ |60.42％ |
|Female |52％ |39.58％ |
[pic]
Chart 3.1 Educational Degree of the Interviewees
Table 3.4 Employment Conditions of the Interviewees
|Type |Beneficiary Area |Land Acquisition Affected Area |
| Staff of government/ institutions |12% |4.17% |
|State Enterprises |21％ |39.58% |
|Commerce |7% |0 |
|Enterprises in three types of foreign loan |6% |0 |
|Contracted workers |5% |0 |
|Private enterprises |4% |0 |
|Students in school |8% |0 |
|Retired |22％ |37.50% |
|Laid-off |3 |14.58% |
|Peasants |7％ |0 |
|Others |5% |4.17% |
1. Survey Result
← BENEFICIARY AREA
The questionnaire survey covers the following scopes: Luwan, Minhang, Huangpu, Jing’an, Xuhui and the like. Among the surveyed, 90% of them have identity registration of Shanghai and the other 10% are working in Shanghai from other places.
Among the surveyed, the family with 3 population accounts for 49%,that with 4 population accounts for 12%; as for house nature, except 11% in house access and 17% in rent, the others are commodity houses, public or private house after-sale; the average family housing acreage is 91.88M2.
← Land Acquisition Area
The survey scope is the place of land acquisition of the project: Gangkou Village of Huajing Town of Xuhui District. Among the surveyed, the family with 3 population accounts for 33.33%, that with 4 accounts for 27.08% and that with 5 accounts for 25%; house nature: privately owned; the average family housing acreage is 222M2.
Annual family income is 9600 Yuan/capita with the income structure in Chart 3.2.
[pic]
Chart 3.2 Residents’ Income Structure in the Land Acquisition Area
House nature: private house; the average house acreage of the interviewed family is 222M2.
The features of residents’ living mainly represent as: 1)out-of-date house without entire attachment and equipment; 2)many laid-off and waiting people, the income of wage is universally lower and many of residents earn money from renting out part of houses or opening shops along the streets.
1. Chongming Chengqiao Sewage Treatment Project
1. BASIC SITUATIONS
THE PROJECT NEEDS TO OCCUPY 51.64MU RURAL COLLECTIVE LAND PERMANENTLY, ONLY INVOLVING SINGLE JINHAI VILLAGE OF CHENGQIAO TOWN IN CHONGMING COUNTY
2. Survey Results
IT POSSESSES 384 HOUSEHOLDS WITH TOTAL POPULATION OF 1072 AMONG WHICH 623 AGRICULTURAL PERSONS AND WITH 913MU PLANTING LAND AMONG WHICH 300MU SELF-RESERVING LAND. IN THE VILLAGE, THERE ARE TOTALLY 960 LABORS WITH THE FRAME OF 137 FOR AGRICULTURE, 313 FOR INDUSTRY AND 173 FOR OTHERS (COMMERCE, TRANSPORTATION, SERVICE AND ETC). IN 2003, THE GROSS PRODUCTION OF THE VILLAGE AMOUNTS TO 6900 THOUSANDYUAN AND AVERAGE NET INCOME IS 700YUAN. SEEN FROM THE SURVEY RESULT ABOVE, IN THE RURAL INDUSTRY FRAME AGRICULTURE HAS LOWER PROPORTION, 20% BELOW.
Based on the family income and expense survey data of affected district’s stat. Bureau, the frame of annual family income and expense can be got and shown in table 3.5.
Table 3.5 Annual Income and Expense Structure of the Surveyed Families
|Item |Person average |
| |（Yuan/person） |
|Annual Family Income |Agricultural Income |700 |
| |Wage Income from enterprises and institutions |8400 |
| |Out-work Income |7200 |
| |Others |230 |
| |Total Annual Income |16530 |
| |Seed |30 |
| | | |
|Annual Family Expense| | |
| |Pesticide, fertilizer |150 |
| |Irrigation Water fee |16 |
| |Machine operation fee |160 |
| |Electricity fee |450 |
| |Living water fee |100 |
| |Telecommunication fee |720 |
| |Kid’s schooling fee |6000 |
| |Medical fee |150 |
| |Fuel expense |240 |
| |Living auxiliary food fee |1440 |
| |Others |500 |
| |Total Annual Expense |9956 |
In the analysis above, the surveyed rural family income amounts 16530yuan/person, among which the income from out-work or enterprises or institutions accounts for 94.3%, a quite high proportion, while the agricultural income accounts for a little. Obviously the affected families’ dependence on land becomes very infirm.
2. Qingpu Huaxin Sewage Treatment Plant
1. BASIC SITUATIONS
THE PROJECT NEEDS TO OCCUPY 8.65MU RURAL COLLECTIVE LAND PERMANENTLY INVOLVING 5 TEAMS OF 5 VILLAGES SUCH AS ZHOUBANG VILLAGE. THE BASIC SOCIO-ECONOMIC SITUATIONS CAN BE SEEN IN TABLE 3.6.
Table 3.6 Schedule of Basic Socio-economic Situations
|Project |Affected Village, Team |Overall Household |Overall Population |Agricultural |
|Content | | | |Population |
| |Wage Income from enterprises|30000 |10000 |78% |
| |and institutions | | | |
| |Out-work Income |6000 |2000 |15% |
| |Others | | | |
| |Total Annual Income |38700 |12900 | |
| |Seed |150 |50 |0.85% |
| | | | | |
|Annual | | | | |
|Family | | | | |
|Expense | | | | |
| |Pesticide, fertilizer |600 |200 |3.40% |
| |Irrigation Water fee |135 |45 |0.76% |
| |Machine operation fee |450 |150 |2.55% |
| |Electricity fee |1200 |400 |6.8% |
| |Living water fee |900 |300 |5.1% |
| |Telecommunication fee |900 |300 |5.1% |
| |Kid’s schooling fee |3000 |1000 |16.70% |
| |Medical fee |300 |100 |1.67% |
| |Fuel expense |2520 |840 |14.27% |
| |Living auxiliary Food fee |3000 |1000 |16.71% |
| |Furniture, appliances and |3000 |1000 |16.71% |
| |etc. | | | |
| | Others |1500 |500 |8.53% |
| |Total Annual Expense |17655 |5885 | |
| |Net Income |21045 |7015 | |
In the analysis above, the annual net income per capita of the surveyed rural families amounts to 7015 Yuan, while the total income of enterprises and institutions and out-work accounts for 93%, a quite high proportion; the proportion of agricultural income is quite little. Evidently the effected families have infirm dependence on land.
3. Jinshan Garbage Collection and Transportation System Project
IN ORDER TO MAKE KNOW OF SOCIO-ECONOMIC SITUATIONS OF THE AFFECTED AREAS AND BASIC SITUATIONS OF APS, DUE TO WB’S DEMAND, THE SURVEY GROUP OF SHANGHAI URBAN CONSTRUCTION INVESTMENT AND EXPLOITATION HEAD CO. CARRIED OUT THE SOCIO-ECONOMIC SURVEY OF THE AFFECTED AREAS FROM SEPTEMBER TO NOVEMBER 2004 TO PROVIDE BASIC DATA FOR PROJECT ANALYSIS AND THEN STARTED TO COMPILING RAP. THE SURVEY GROUP HAS CARRIED OUT GENERAL SURVEY OF THE AFFECTED FAMILIES WITH COMBINATION OF QUESTIONNAIRE AND INTERVIEW. THE SURVEY COVERED 450 RESIDENTS’ FAMILIES THAT ARE DIRECTLY OR INDIRECTLY AFFECTED BY THE PROJECT.
1. Socio-economic Survey Results of Affected Areas
THE PROJECT NEEDS TO OCCUPY 22.95MU RURAL COLLECTIVE LAND PERMANENTLY, INVOLVING 6 TEAMS OF 6 VILLAGES IN 6 TOWNS OF JIANSHAN DISTRICT. THE BASIC SOCIO-ECONOMIC SITUATIONS OF EACH VILLAGES OR TEAMS CAN BE SEEN INTABLE 3.8.
Table 3.8 Schedule of Basic Socio-economic Situations of Affected Villages and Teams
|Project |Collection and |Transportation Station in Hexing|Transportation Station in |Transportation Station in |
|Content |Transportation Station in |Village of Zhuxing Town |Jinguang Village of Caojing Town|Liuli Village of Zhangyan |
| |Zhoujiazhai of Ganxiang | | |Town |
| |Town | | | |
| |Wage Income from |25000 |8300 |75％ |
| |enterprises and | | | |
| |institutions | | | |
| |Out-work Income |5000 |1600 |15％ |
| |Others |33000 |10900 | |
| |Total Annual Income |30 |10 |0.25％ |
| | | | | |
| | | | | |
|Annual | | | | |
|Family | | | | |
|Expense | | | | |
| |Seed |300 |100 |2.5％ |
| |Pesticide, fertilizer |130 |43 |1.1％ |
| |Machine operation fee |330 |110 |2.8％ |
| |Electricity fee |360 |120 |3％ |
| |Living water fee |180 |90 |1.5％ |
| |Telecommunication fee |1200 |400 |10％ |
| |Kid’s schooling fee |1200 |400 |10％ |
| |Medical fee |300 |100 |2.5％ |
| |Fuel expense |420 |140 |3.5％ |
| |Living auxiliary Food fee |2500 |830 |20.9％ |
| |Furniture, appliances and |2000 |667 |16.7％ |
| |etc. | | | |
| | Others |3000 |1000 |25％ |
| |Total Annual Expense |11950 |4010 | |
| |Net Income |21050 |2920 |63.8％ |
In the analysis above, the annual net income per capita of the surveyed rural families amounts to 2920yuan, while the total income of enterprises and institutions and out-work accounts for 91%, a quite high proportion; the proportion of agricultural income is quite little. Evidently the effected families have infirm dependence on land.
Legal and Policy Framework
9. Laws and Policies of Resettlement
1. STATE LAWS AND REGULATIONS
LAND ADMINISTRATION LAW OF THE PEOPLE’S REPUBLIC OF CHINA (COME INTO FORCE SINCE JAN 1, 1999)
Urban Real Estate Administration Law of the People’s Republic of China (Come into force since Jan 1, 1995)
Improvement Directive for Perfecting Compensation and Resettlement Institutions of Land Acquisition（ since November 3rd 2004）
Urban House Demolition Regulations (Come into force since November 1st 2001)
Directive for Urban House Demolition Evaluation Price （come into force since January 1st 2004）
2. Local Laws and Policies
SHANGHAI IMPLEMENTATION METHODS OF LAND ADMINISTRATIVE LAW OF P.R.C(APPROVED AT THE 7TH MEETING OF SHANGHAI 10TH PEOPLE’S CONGRESS STANDING COMMITTEE ON FEBRUARY 4TH,1999 AND MODULATED AT THE 23RD MEETING OF SHANGHAI 11TH PEOPLE’S CONGRESS STANDING COMMITTEE ON NOVEMBER 17TH, 2000)
Shanghai Urban House Demolition Administrative and Implementation Detailed Rules (No. 111 of Shanghai Municipal Command announced on October 29th, 2001)
Shanghai Several Rules of Resettlement and Compensation for Collective Land Acquisition (No.13 of Shanghai Municipal Command [2002])
Shanghai Urban Low Rent House Trial (announced by Shanghai Municipality on September 3rd, 2000)
Shanghai Land Access Transfer Methods (announced on May 21st, 2001, modified by Shanghai Municipality due to Shanghai Decision on Erection of Shanghai Land Access Transfer Methods on October 30th, 1996)
Shanghai Administrative Methods of Agricultural Population Employment and Social Security for Collective Land Acquisition (No. 66 of Shanghai Municipal Command [2003])
Shanghai State Land Rent Trial (announced by Shanghai People’s Government on May 31st 1999 and revised and announced again according to Command 119 on April 1st 2004)
Notice of Allocation Compensation and Resettlement Location Level of Shanghai Urban House Demolition（No.0040|2002| Shanghai Real Estate Demolition）
Minimum Compensation Unit Price Rate of Shanghai Urban House Demolition (Announced on Shanghai Real Estate Resource Net on October 29th 2004)
Shanghai Land Access Unit Price of House Demolition on Collective Land (Announced on Shanghai Real Estate Resource Net on October 29th 2004)
3. World Bank Policy
WORLD BANK OP4.12 INVOLUNTARY RESETTLEMENT AND APPENDIX (COME INTO FORCE SINCE JANUARY 1ST, 2002)
World Bank BP4.12 Involuntary Resettlement and Appendix (Come into force since January 1st, 2002)
10. Relative Laws and Policies Involved in Resettlement
1. RELEVANT LAWS AND POLICIES INVOLVED IN PERMANENT LAND ACQUISITION
1. LAND ADMINISTRATION LAW OF THE PEOPLE’S REPUBLIC OF CHINA
LAND ADMINISTRATION LAW OF THE PEOPLE’S REPUBLIC OF CHINA STATED THAT ALL UNITS AND INDIVIDUALS THAT NEED LAND FOR CONSTRUCTION PURPOSES SHALL IN ACCORDANCE WITH LAW APPLY FOR THE USE OF STATE OWNED LAND.
Article 47 Land requisitioned shall be compensated for on the basis of its original purpose of use. Compensation for requisitioned cultivated land shall include compensation for land, resettlement subsidies and attachments and young crops on the requisitioned land. Compensation for requisition of cultivated land shall be six to ten times the average annual production value of the requisitioned land for three years preceding such requisition. Resettlement subsidies for requisition of cultivated land shall be calculated according to the agricultural population needing to be resettled. The agricultural population needing to be resettled shall be calculated by dividing the amount of requisitioned cultivated land by the average amount of the original cultivated land per person of the unit the land of which is requisitioned. The standard resettlement subsidies to be divided among members of the agricultural population needing resettlement shall be four to six times the average annual production value of the requisitioned cultivated land for three years preceding such requisition. However, the highest resettlement subsidies for each hectare of the requisitioned cultivated land shall not exceed fifteen times its average annual production value for the three years preceding such requisition.
If the land compensation and relocation subsidy regulated above still can’t maintain farmer’s original living standard, the subsidy can be increased with the approval from government of province, municipality or municipality directly under the Central Government. However, the sum of the land compensation and relocation subsidy can not exceed 30 times of the annual production value for the three years preceding such requisition.
2. Improvement Directive for Perfecting Compensation and Resettlement Institutions of Land Acquisition（ since November 3rd 2004）
（1）COMPENSATION RATE FOR LAND ACQUISITION
To be compatible the formulation of annual production rate. The state land resource department at provincial level should formulate the minimum annual production rate in every county (municipal) in the province with relevant departments and then report to provincial people’s government for publication and take it into force. The formulation of the rate should take the type, quality, peasants’ input to and, agricultural products price, level of the planting and into account.
To be compatible the confirmation of annual production time. The compatible production time of the land acquisition compensation and resettlement subsidy is confirmed in the legal scope and in the principle of keeping peasants’ original living standard; where it can not meet the principle for the landless peasants to pay for social security, the time should be increased after approval of provincial people’s government; where the land compensation and resettlement subsidy are calculated 30 times but still not enough for the peasants to keep original living standard, the local government should arrange to give certain subsidy form the benefit of state land transfer. Where the basic agricultural land approved to be occupied, the compensation should be carried out at the maximum rate publicized by the local people’s government.
Formulation of integrated land price in the land acquisition area. As for the areas with conditions, the provincial state land resource department should formulate the integrated land price of every county (city) in the province with relevant departments to provoke for approval of provincial people’s government before publication into force of land compensation. While formulating integrated price the type, production, location, agricultural land level, average planting quantity, supply and demand of land, local socio-economic development and minimum social security of urban residents should be taken into account.
Distribution of land compensation. In the principle of land compensation’s main use for peasants whose lands are occupied, the compensation should be properly distributed in the rural collective economic organizations. The specific distribution methods are formulated by the provincial people’s government. Where the lands are all occupied and the rural collective economic organizations are removed, the land compensation should be all used for living and production resettlement of peasants.
（2）Resettlement Ways for Peasants whose Land Occupied
Agricultural production resettlement. The rural collective land beyond the urban planning areas should make use of rural collective mobile land, the contract land voluntarily returned by the contractors, new plus planting land in the contract land transfer and land exploitation and collection firstly for the peasants to have necessary planting land to take over agricultural production.
Re-employment resettlement. The demolition institutions should actively create opportunity to provide free training on labor skills for the peasants whose lands are occupied, and to arrange corresponding positions. In the same conditions, the institutions who use the land should give priority to these peasants while recruitment. While occupying the collective land of peasants in the urban planning area, the landless peasants should be taken into the urban employment system with social security institutions for them.
Dividend resettlement. As for the project land with long-term and steady benefit, in the premise of peasants’ desire, the rural collective economic organizations should negotiated with the project institutions to take the compensation or the access of approved construction land as stock. The economic organizations should sign contract with peasants for the latter to get benefit as priority stocks.
Inter-location resettlement. In the local area if the landless peasants can not be provided with basic living and production conditions, the government should organize unitively to carry out inter-location resettlement in the premise of fully collection of peasants’ and rural collective economic organizations’ opinions.
（3） Land Acquisition Procedure
To inform land acquisition situations. Before the legal proposal, the local state land resource department informs the rural collective land acquisition and peasants of the usage, location, and compensation rate and resettlement ways in written forms. After informed, all of the ground attachment and green seeding that the organizations and peasants 抢plant, cultivate or construct on the planned occupied land should not be compensated for.
To confirm survey result of land acquisition. The local state land resource departments should survey on the property nature, type, acreage, the property nature, type and quantity of ground attachment with the survey result co-confirmed with the organizations, peasants and property owners of ground attachment.
To organize public opinion collection of land acquisition. Before legal proposal, the local state land resource department should inform the organizations and peasants of their rights to apply for public hearing of compensation rate and resettlement ways. If they apply for public hearing, they should be organized according to the procedure and relevant requisitions of State Land Resource Public Hearing Regulations.
（4）Supervision of Land Acquisition Implementation
To publicize the approval issues of land acquisition. The approved land for acquisition, except for the special conditions such as that the state keeps secret, state land resource department and provincial state land resource departments should publicize the issues via media. The land resource departments of counties or cities should publicize the issues in the villages and teams of land acquisition according to Land Acquisition Publication Methods.
To pay compensation for land acquisition. After compensation and resettlement programs are approved by the people’s government of cities or counties, the compensation should be allocated to the rural collective economic organizations in the legal time limitations. The local land resource departments should cooperate with other relevant departments in agriculture or civil affairs to supervise compensation distribution and uses inside the organizations.
To supervise and check after approval of land acquisition. Land resource departments at all levels should supervise and check the implementation of land acquisition programs. Where the peasants’ original living standard is decreased truly because of land acquisition, the local land resource departments should actively cooperate with relevant departments to take practical measures to resolve the peasants’ living and production and protect social stability in many channels.
3. Shanghai Implementation Methods of Land Administrative Law of P.R.C
ARTICLE 24. THE LAND FOR CONSTRUCTION, SHOULD ACCORD WITH THE URBAN PLANNING, THE EXISTING CONSTRUCTION LAND ARE DEFINED THROUGH THE OVERALL PLAN OF USE OF LAND, IF IT IS REALLY NEED TO IMPROPRIATE FARMING LAND, SHOULD ACCORD WITH THE FOLLOWING REGULATIONS:
(1).Control it in central city and the towns, in the scale of village construction land with definite overall plan of use of land, except the infrastructure, such as energy, traffic, water conservancy and military installations construction project, etc.
(2). There is a planned target for transformation of farming land in the annual plan of using of the land.
Article 25. Transfer the farming land to construction land should be approved according to the following regulations:
(1) In the scale of construction land of the central city, the land administrative department of the city and district (county) institutes the scheme for transformation of farming land
and supplementing plantation [related to confiscate the land of peasants' collective owned land, should work out the scheme for confiscating the land with the village (town ) people' s government meanwhile ], according to the annual plan of using of the land, divide the batch to report to the State Department for approval step by step.
(2) in the range of construction land of the towns and villages, the land administrative department of the city and district (county) institutes the scheme for transformation of farming land and supplementing plantation [related to confiscate the land of peasants' collective owned land, should work out the scheme for confiscating the land with the villager (town ) people' s government meanwhile ], according to the annual plan of using of the land, Divide the batch to report to municipal government for approval step by step Among them , which go beyond municipal government's sanction authority of confiscating the land, should report to the State Department for approval.
Article 27 Where construction needs to occupy the unused land, the municipal land administrative department should audit this for record and then report to Municipality for approval. However, the land with purpose of state significant construction project and military facility should be reported to State Council for approval.
Article 28 where construction needs to occupy the agricultural land beyond the downtown and urban and rural construction scopes, the municipal land resource departments organize the departments at district or county levels to formulate transfer programs of agricultural land, supplementary planting land programs and land supply programs (where collective land is occupied, they should cooperate with township people’s governments to formulate land acquisition programs) to report to city people’s government for approval; among these, the large-scaled infrastructure construction projects, military construction projects approved by State Council, relevant departments of State Council, special enterprises state planned and city people’s government and those projects beyond the approval limitation of city people’s government should be reported to State Council for approval.
Article 29. Construction unit should put forward prepared application to the land administrative department of the city or district (county) when carry through feasible argumentation on construction project,
The administrative department of city or district (county) should, within 15 days from the day of accepting prepared application about construction land, examine the relevant items of land for construction project and put forward the preliminary hearing report according to the overall plan and annual plan of utilization of land.
The feasibility research report of the construction project should be approved with the preliminary hearing report about the land for construction project of the land administrative department in city or district (county).
Article 30. After the construction project is sanctioned, the construction units should hold the following files material, put forward the construction land application to the land administrative department in city or district (county).
(1) The reply of the feasibility research report and associated documents of the construction project;
(2) The license of Building land planning;
(3) Other documents need to be offered by law, administrative statute stipulate
The land administrative department in city or district (county) should, within 30 days from the day of accepting application about construction land, work out the scheme of land supply, and report for approval according to the limits of examination and approval of construction land.
Article 31 to confiscate the peasant collective owned land according to the provisions of land administrative law, implementing regulations of land administrative law, should be announced by the district (country) people's government in the town, village whose lands are confiscated. The announcement is no less than ten days.
Land administrative department, work and social security department should, according to approved requisition land scheme and the relevant regulations of country and the city, work out the scheme of compensation resettlement for confiscating the land with other relevant department, should be announced in the locus of confiscating land of countryside (town), village, listen to the suggestions of the villagers' committee or villager group and rural villagers whose land are confiscated. Announcement is no less than 30 days.
After the scheme of compensation resettlement is sanctioned by the people's government of district (county), is organized and carried out by land administrative department, work and social security department of district (county).
Article 32. People who will take over peasant collective land for use should pay expenses according to the following regulations.
(1)Pay the land compensation to the villagers' committee or villager group whose lands are confiscated for use;
(2)Pay relevant compensation to the owners who own the houses and young crops on the confiscating land
(3) Pay Resettlement subsidy to country villagers whose lands are confiscated for use.
Above-mentioned expenses of confiscating land should be paid according to the standard, which time limit and ways of paying that confirm with compensation Resettlement scheme, every individual and unit don not hold back and occupy or divert. The relevant departments, such as people's government and land administrative department, labor and social security etc, should strengthen the supervision of expenses paying and operating use for the taken land.
Besides regulation of the article 1, land users who confiscate plantation for use, including units and individuals, should propose and implement the scheme of cultivating the farming land or pay the plantation fee according to the regulation of the 16th regulation of this article; The ones who confiscate the vegetable plot for use should pay development and construction funds for the new vegetable plot to the city or the land administrative department in the district (county).
Article 33. Construction projects which are sanctioned to use state-owned land, the instrument of ratification of construction land are issued by the city or the people's government in the district (county). By the way of allocating to use state-owned land, It is required that district (county) land administrative departments authorize the allocating decision book of state-owned land to land users; use state-owned land by the way of selling and leasing, etc, It is required to sign the paying contract of state-owned land with land user by the city or the land administrative department in the district (county).
Besides the way of allocating, it can obtain the right of using state-owned land according to the 54th regulation of land administrative law, units and individuals using land should pay compensation in selling, leasing, etc, pay the compensation for using land, such as the fees of selling, leasing and etc.
All those that sell, lease state-owned land right should handle according to the regulations of the laws and regulations
4. Shanghai Administrative Methods of Agricultural Population Employment and Social Security for Collective Land Acquisition
ARTICLE 5, FOLLOW THE PRINCIPLE OF CO-FUNCTION OF SOCIAL SECURITY WITH LAND DISPOSITION AND REGISTRATION TRANSFER AS A WHOLE, THOSE LAND OCCUPIED OR IDENTIFICATION TRANSFERRED FROM AGRICULTURAL TO NON-AGRICULTURAL SHOULD BE CONFIRMED THEIR SOCIAL SECURITY FIRST, AND THEN LAND DISPOSITION AND REGISTRATION TRANSFER.
Follow the principle of security and employment, the land acquisition fee assumed by land acquisition units should first be used as resettlement subsidy of the affected persons. The resettlement subsidy should fisrt realize social security. Those land occupied should be employed from labor market.
Article 6, Those land occupied who need to be employed and secured under this rule should be such standing local agricultural residents beyond 16 years old within the land acquisition scope. The Labor Security Bureau will describe the specific provision.
Article 7, Those land occupied who need to be employed and secured are classified as:
Male labors who have formal labor ability and whose age is 16 to 55 years old .and female frome16 to 45 years old (short for “labor of land acquisition” below).
Male above 55 years old and female above 45 years old (short for retirement of land acquisition below).
Article 8, The labor of land acquisition should be included into the scope of city and town emplyment sevice follow the principle of market employment.
The labor of land acquisition can get job introduction sevice and job instruction sevice provided by the public employment sevice organizations at various level in the registration location. They also can join the employment training subsidized by the Government.
That labor force who carves out by themselves can get assistant policies such as setup instruction, carving training, assurance of setup loan or interest subsidy, informal employment and etc.
Those labors affected by land acquisition and approved as having special difficulty in employment by the labor and security department at district or county level will get employment assistance from Shanghai public employment service agents at all levels to get jobs.
Aricle 9, The resettlement subsidy paid by the land occupier to the labors should go first to the little township social insurance. The specific rate of the resettlement subsidy is confirmed by the government of district or county.
Little township social insurance consists of:
(1) Basic retirement, medical and social insurance no less than 15 years;
(2) Supplementary social insurance including retirement, medical and living subsidy no less than 24 years
The specific rate of basic retirement, medical and social insurance of little township is carried out due to relevant rules in Shanghai.
Article 10, The resettlement subsidy provided by land occupiers to retirement persons should pay for land acquisition retirement pension.
The retirement pension consists of living expense, medical fee, subsidy and the like with term of 15 years for male and 20 years for female.
The specific methods is formulated by the government of district or county.
Article 11, Those retirement persons male beyond 55 years old and below 60 and female beyond 45 and below 55 can choose to take part in little township social insurance with its resettlement subsidy priority to the insurance and the specific methods is formulated by the government of district or county. Those persons land occupied which have been checked as entire loss of labor by city labor ability appraisal agents can be got involved in the retirement and can retire earlier. The term of land acquisition retirement pension should be plus with advanced term.
The retirement institutes for land acquisition should provide good sevice for the kind of persons due to the regulstions.
2. Relevant Laws and Policies of House Demolition
1. URBAN HOUSE DEMOLITION REGULATIONS STIPULATE:
ARTICLE 6 THE UNIT WHO DEMOLISH THE HOUSES CAN NOT CARRY OUT THE DEMOLITION UNTIL GETTING HOUSE DEMOLITION LICENSE.
Article 8 As the house demolition permission license was given, the department in charge of house demolition shall propagate the demolition unit, the demolition scope, the deadline of demolition and other items in the form of house demolition notice at the same time, the department of in charge of house demolition and the unit who demolished the houses shall in time propagate and explain the policies to the persons whose houses are to be demolished.
Article 22 The unit who demolish the houses should compensate the unit whose houses are demolished in accordance with the regulations.
Article 23 House demolitions can be compensated in the way of exchanging ownership, or in cash.
Article 24 Amount of money for compensation is determined by evaluation price in real estate market considering location, function and construction area etc. of demolished house, and is paid at. Detailed measures are formulated by Peoples’ Government of Province, Municipal.
2. Directive of Urban House Demolition Evaluation Price
ARTICLE 2 THE PRICE EVALUATION ON THE REAL ESTATE INVOLVED IN HOUSE DEMOLITION ON STATE LAND IN URBAN PLANNING AREAS APPLIES TO THE DIRECTIVE.
Article 3 price evaluations on the urban house demolition in the Directive (short for demolition evaluation) refers to evaluation on the real estate for market price in accord with location, usage, construction acreage of demolished houses to confirm the currency compensation amount for them.
The price of evaluation on house demolition means the real estate market price of the demolished houses, excluding movement subsidy, temporary resettlement subsidy, compensation for loss of production and business cease while demolishing non-residential houses and the compensation for the decoration inner the demolished houses. The former three mentioned above should be carried out due to the rates regulated by people’s governments of provinces , municipality. duchy city. While for the last item mentioned above should be negotiated and confirmed by the demolishers and the demolished; if no result of negotiation, they can entrust to evaluate and then confirm it.
Article 4 demolition evaluations should be taken over by the evaluation institutions with qualification of real estate price evaluation (short for evaluation institutions) and the price evaluation reports must be signed by the professional evaluators.
Article 5 demolition evaluation should insist on the principle of being independent, objective, justice, and legal. Any organization or individual can not intervene in the evaluation activities and results illegally.
Article 6 real estate administrative departments of City and county should publicize a set of evaluation institutions with high level of qualification, strong integrated power and good social reputation for the demolition parties to select.
The confirmation of evaluation institutions should be open and transparent adopting some ways such as the demolition party’s vote or draw cuts.
In principle the demolished houses confirmed in the same area by the house demolition license should be evaluated by the same institutions. Where it is necessary to have two or more institutions to evaluate, they should negotiate and run the same rates of base, principle, procedure, method, matrix selection and etc.
Article 7 after the evaluation institution is confirmed, it is generally entrusted by the demolishers. The entrusted should sign a written entrust contract with the evaluation institution.
Article 8 the entrusted institutions should not transfer the entrusted business of evaluation even by marginally legal means.
If between the evaluation institution or its staff and demolition parties, there is relation of rights or interests or even the former is the latter, the former should avoid taking part in.
Article 9 the demolition parties have the obligation to provide necessary data as the same to the truth to the evaluation institution and to assist the institution to carry out field reconnaissance.
Article 10 where the entrusted institution or its staff needs to look through the real estate property ownership documents of the demolished houses or the relevant trade information, the real estate department should permit this.
Article 11 the compatible description of demolition evaluation is to evaluate the real estate market price in order to confirm the currency compensation amount of the demolished houses.
The time for the demolition evaluation should be the issued date of house demolition license. Where it is large scaled and carried out by stages, the time should be the date of demolition implementation in its own term.
The value standard of demolition evaluation should be the open market value without any factors of house rent, mortgage, sealing up and etc.
Article 12 where price evaluation is entrusted, the demolition parties should be quite clear of the nature (including usage, later the same) and acreage.
The nature of the demolished house and its acreage should be taken as that are recorded in the property ownership license and documents; if any particular regulations in every district, it should be in accord with the regulations; where the demolishers and the demolished negotiate with each other about them, the evaluation should be carried out due to the negotiated result.
If the nature can not be negotiated in agreement, and then the application for confirmation should be submitted to urban planning supervision department. If enlargement on acreage, the application for check should be submitted to house acreage check appraisal institutions established due to Real Estate Measurement Management Methods; if no acreage check institutions, the qualified real estate institutions should be entrusted to take measurement.
As for the specific issues on the confirmation of acreage and nature in the house demolition, it is the city or county planning administrative departments and real estate management departments who formulate methods to resolve.
Article 13 city, county people’s governments or their entrusted departments should publicize real estate market price of variety of houses in different locations, different usage, and different construction frames regularly at least once a year.
Article 14 demolition evaluations should be carried out in reference to the similar market price or the publicized market price of city or county people’s governments or their entrusted departments.
Article 15 the evaluation staff should take field reconnaissance, and record and then shot some video data of the appearance and inner conditions of the demolished houses.
The field reconnaissance record should be signed for confirmation by the evaluation staff, demolishers and the demolished.
Where since some reasons of the demolished, the demolished houses can be taken field reconnaissance, shot video or the demolished do not agree to sign on the record, it should be witnessed by the third party who has no interest or rights with the demolished except the demolished and the evaluation institutions with corresponding explanation in the evaluation report.
Article 16 while taking demolition evaluation, it is generally to take market comparison. As for those having no conditions to take market comparison, other evaluation methods can be taken with full explanation in the evaluation report.
Article 17 the price of demolition evaluation should take RMB as currency unit in counting with exactitude of Yuan.
Article 18 the evaluation institutions should publicize the preliminary evaluation result by household to the demolished for 7 days with filed explanation collecting relevant opinions.
After the publication, evaluation institutions should provide the entire evaluation report and that reports by household in the entrusted scopes for the entrsuters. And then the entrusters should deliver the report by household to the demolished.
Article 19 if the demolishers and the demolished have any question, the evaluation institutions should explain to them the base, principle, procedure, method, parameter selection of the evaluation and the process of result conclusion.
Article 20 if the demolition parties have any different opinions on the evaluation result, they can apply for re-check of evaluation in written form to the original evaluation institutions or entrust another institutions to do again in 5 days since receiving the evaluation report.
Article 21 where the application for re-check of evaluation, the evaluation institutions should reply in 5 days since receiving the written application. If result is to change, they should show a new report; if no change, they should show notice in written form.
Where another evaluation institution is to be entrusted, the entrusted institution should show evaluation report in 10 days.
Article 22 if the demolition parties have different opinions on the check result of the original evaluation institution or there is much difference between the original result and that of another entrusted institution and still no agreement after negotiation, they can apply for technical appraisal to the real estate price evaluation expert committee which in the demolished scope in 5 days since receiving the check result or the report of other entrusted institution.
Article 23 the expert committee should show the written appraisal opinions on the technical issues of base, technical route, method selection, parameter selection, confirmation way of result in 10 days since receiving the application.
If the evaluation report has no technical problems, they should insist on the report; while it does have problems, the institution should erect and show a new evaluation report.
Article 24 the provincial, municipal construction supervision departments and city real estate administration departments with districts or their authorized self-disciplined organizations of real estate evaluation industry should set up an evaluation expert committee to run technical instruction and accept the technical appraisal application of the demolition evaluation. This committee is made up of professional and registered real estate evaluation maters with quite high qualification and some experts in real estate, urban planning and laws.
Article 25 after accepting technical appraisal, the committee should assign singular staff which is more than 3(3 included) to set up appraisal panel to transact the issues of demolition evaluation.
If the staff of the panel has interest relations with any of the original institution or demolition parties, or even the staff is the demolished, they should blench.
The original evaluation institution should cooperate with the committee to do well in the appraisal.
Article 26 if the staff of the committee, evaluation institution, and staff should blench but do not, the appraisal opinion or the evaluation result is invalid.
If no true relevant data or no cooperation with the evaluation institution about the field reconnaissance causes evaluation unreal or other effect, the demolition parties should assume corresponding obligations.
Article 27 As for the institution or its staff with the following behaviors, they should be punished according to Urban Real Estate Agency Service Management Regulations and Registration Management Method for Real Estate Evaluation Master, or record in their credit documents:
1. Show unreal evaluation report;
2. Collude with one party of the demolition to damage the other party on their legal rights and interests;
3. Gain evaluation business by illegal competition means such as kickback;
4. Permit others to take over demolition evaluation in its own name, or transfer, or transfer in disguised forms the entrusted evaluation business;
5. Be applied for check several times and after check be found real problems;
6. Obey Real Estate Evaluation Criterion of state standard or other stipulates of the Directive;
7. Other conditions ruled by laws or regulations.
Article 28 Where taking property ownership exchange as compensation and resettlement way of house demolition, the evaluation on the exchanged houses of the real estate market price should take inference to the Directive.
The evaluation on the houses on the land out of the urban planning areas should take inference to the Directive.
3. Shanghai Urban House Demolition Administrative and Implementation Detailed Rules
ARTICLE 5 (RIGHTS AND OBLIGATIONS OF THE DEMOLITION PARTIES)
The demolisher should compensate and resettle the demolished and house renter according to the Rules; the demolished and house renter should finish movement in the limited term.
Article 12 (application for house demolition license)
The construction institution who needs to demolish houses should apply to the district or county real estate bureaus where the demolished houses locate and demolish houses until getting house demolition license. If magnificent civil construction project needs to demolish houses, the application should be submitted to the city house and land resource bureau.
While apply for the license, the construction institution should submit the following documents:
1. Approval document of the construction project;
2. Construction land planning license;
3. Approval document of state land access;
4. Demolition plan and program;
5. Deposit certificate of special deposit account for compensation and resettlement fund which is provided by Shanghai Bank;
6. Resettled house certificate of clear property without burden of rights.
The deposit amount ruled in the fifth stipulate in Item 2 of this article should not be less than 30% of the overall compensation and resettlement capital. If the sum of the deposit amount and resettled house value can not be sufficient for the overall compensation and resettlement capital, the construction institution should definitude the time for capital in use by stages in the demolition program.
The resettled house in the sixth stipulate of Item 2 in this article should accord with state quality security standard and Shanghai requisition of public construction facility.
Article 32 (compensation and resettlement way of demolition)
It can adopt currency compensation exchange of house property rights in the same compensation amount(value-standard house exchange later) and the house property rights exchange inter-location on the basis of house’ construction acreage can be adopted without difference in resettled acreage(acreage-standard house exchange later).
Article 33 (currency compensation amount of residential house)
If residential house is demolished, the currency compensation amount should be confirmed due to real estate evaluation market unit price of the demolished house and its acreage.
While running Article 35, Article 36, Item 1 and Item 3 of Article37 in these Rules, the real estate market unit price and price subsidy is applied. If the evaluation market unit price is lower than the minimum compensation unit price rate, it should be calculated due to the latter.
The minimum compensation unit price rate is the average market unit price of the merchandized public residential houses on sale in the same area of the demolished houses.
The unit price in this article means the price per construction square meters.
The average market unit price of the merchandized public residential houses on sale should be regularly publicized in the allocated areas by every district or county government.
The price subsidy rate should be formulated by the city price supervision departments combined with city construction committee and city house and land resource bureau.
Article 34 (price difference balance in the value-standard house exchange)
Where taking value-standard house exchange, the price difference should be balanced due to the currency compensation amount and the market price of the resettled house ruled in this chapter.
Article 35 (compensation and resettlement for the unrented private residential house)
If the unrented private residential house is demolished, the demolisher should compensate the demolished with formula (real estate market unit price of the demolished house + price subsidy)*construction acreage of the demolished house.
Article 36 (compensation and resettlement for the rented residential house at negotiated rent rate)
If the rented residential house at negotiated rent rate is demolished, the demolished and the demolished negotiate with the renter about deliquesce of rent, the demolisher should compensate and resettle the demolished with formula: (real estate market price of the demolished house + price subsidy)*construction acreage of the demolished house.
If no agreement on release rent of the demolished and the renter, the demolisher should exchange the house of the demolished and the resettled house should be rented by the original renter with a new house rent contract between the demolished and renter.
Article 38 (compensation and resettlement of the rented public residential house at the rent rate which is regulated by government)
For this kind of house, the rent relationship ceases.
The demolished can select currency compensation or value-standard house exchange with formula: real estate market price of the demolished house*construction acreage of it *100%
Article 39 (acreage-standard house exchange)
If those demolished or renters whose demolished houses are old alley houses, simple or other non-set separate residential houses and qualify for the following regulations ruled by the district, county people’s governments can select acreage-standard house exchange:
1. Owners of the unrented private residential houses;
2. Renters of public residential house at rent rate which is regulated by government except the demolished select house exchange;
3. Renters of private residential houses at rent rate regulated by government, communion’s houses and other houses legally agent by the house administrative departments.
The resettled acreage of the standard house exchange is due to the construction acreage of the demolished house and adds it due to the percentage in Table 4.1:
Table 4.1Resettlement Acreage of Standard House Exchange
|Location of demolished |Location of resettlement houses |
|houses | |
| |Fourth |Fifth |sixth |
|First, second, third |30% |60% |100% |
|fourth |.. |40% |70% |
The location of houses should be planned by city house and land resource bureau.
The minimum rate for resettled acreage for every demolished household and the rate for added resettled acreage in location of Level 5 and 6 should be formulated by the district or county people’s government in the demolished house location.
As for the part that the construction acreage of the resettled house exceeds the resettled acreage, the demolished and house renter should pay for house fund due to the market price of the resettled house.
If the resettled house locates in Level 1, 2 and 3 and the demolished house and resettled house locate in Level 4 do not apply for this article.
Article 40 (compensation and resettlement for poor families with low income)
If cheap-rent house is demolished, the demolisher should give priority to acreage-standard house exchange and derate properly the house fund of the exceeding part.
If the demolished is lonely elder, disabled, or orphan, the acreage-standard house exchange should take reference to the last article.
Article 41 (transition period of residential house demolition)
If the residential house is demolition to exchange existing house, the demolisher should assume transition period due to construction and obey the assumption in the compensation and resettlement agreement for demolition.
In the transition period, the house renter should arrange residency by himself.
Article 42 (relevant fee such as movement subsidy for residential house demolition)
The demolisher should pay the movement subsidy and facility movement and temporary resettlement subsidy in the transition period to the demolished and renter of the residential house and add temporary resettlement subsidy since the month beyond the transition period.
The rate for the movement subsidy, facility movement and temporary resettlement subsidy should be formulated by the city price supervision department combined with house and land resource bureau.
Article 43 (price difference balance of currency compensation amount and house exchange for non-residential house)
If non-residential house is demolished, the currency compensation amount should be confirmed due to the real estate market price of the demolished house; if taking value-standard house exchange, the price difference should be balanced due to the currency compensation amount and market price of the resettled house.
Article 44 (compensation and resettlement for non-residential house)
If non-residential house is demolished or the rented non-residential house at negotiated rent rate and the demolished has negotiated to release the rent with the renter, the demolisher should pay compensation to the demolished; if no agreement on rent delinquency; the demolisher should carry out value-standard house exchange to the demolished. The resettled house should be rented by the original renter with a new rent agreement between the two parties.
If the public rented non-residential house at rent rate regulated by the government, the demolisher should resettle the renter with continuing rent relationship; if the demolished select currency compensation, the demolisher should compensate 20% of the market price of the demolished house to the demolished and 80% to the renter with rent relationship cease.
Article 45 (relevant fee and compensation for non-residential house demolition)
If non-residential house is demolished, the demolisher should compensate the following fees to the demolished and renter:
1. Facility movement and installation fee due to goods transport price, facility installation price regulated by state and Shanghai;
2. For those facilities that can not be re-used, the new fees should be combined and balanced at the construction cost;
3. Proper compensation for production and business cease for demolition.
Article 46 (commonweal enterprise house demolition)
If commonweal enterprise house and its attachment are demolished, the demolisher should reconstruct due to relevant regulations of laws and rules and requisition of urban planning, or compensate at market price.
Article 47 (Communion house demolition)
If the communion house is demolished, the demolisher should collect the opinions of communion affairs administrative departments in advance and sign agreement of compensation and resettlement for demolition with the communion.
If the communion house which is agent by the house administration departments is demolished, the rent relationship ceases. If residential house is demolished, the compensation and resettlement ways and rate is carried out due to Article 38 in the Rules. If non-residential house is demolished, either the demolished or the house renter can select currency compensation or value-standard house exchange; among that, the currency compensation amount for the demolished is 100% of the real estate market price of the demolished house and the renter can get 80% of the market price of the demolished house.
Article 48 (legal agent house demolition)
If this kind of house is demolished, the demolisher should sign an agreement of compensation and resettlement for demolition with the agent notarized by the notarization departments with relevant data of the house submitted to the notarization departments for save of evidence. The compensation and resettlement ways and rate should be carried out due to the stipulate in Item 2 of Article 47 in these Rules.
Article 49 (relevant public facility demolition)
If house demolition needs to demolish the public facility such as transport sentry box, transport marks, transport fence, mailbox, dustbin, vehicle stop, fire hydrant, human-proof and trees and grassland, the demolisher should reconstruct or deliver proper compensation.
If house demolition needs fee to move pipelines or pave temporary pipelines, the fee should be burdened by the demolisher; however the fee caused by new-construction or enlargement of variety of pipelines combined with road reconstruction, the demolisher does not need to burden.
Article 50 (house with unclear property demolition)
If this kind of house is demolished, the demolisher should put forward compensation and resettlement program to record the reconnaissance of the demolished house and transact some procedures of deposit and evidence save in the notarization departments and then carry out demolition after approval of district or county house and land bureaus.
Article 51 (house with hypothec demolition)
If the house with hypothec is demolished, the mortgager and hypothec owners should negotiate the issues of hypothec and creditor’s rights due to the regulations of Shanghai Real Estate Mortgage Methods and then the demolished can not give compensation or resettled house until the demolisher submits relevant written agreement.
If no agreement between the mortgager and hypothec owner, the demolisher should carry out currency compensation to the demolished and transact the compensation drawing to the notarization departments.
Article 52 (peccant construction and Temporary building demolition)
There is no compensation for the demolition of peccant construction, Temporary building over-termed; and there is proper compensation for the Temporary building in-termed.
The new-built, rebuilt and enlarged part of the house and its attachment that the demolished runner after receiving the notice of construction cease, there is no compensation.
Article 53 (evaluation institutes and time)
The real estate market price evaluated of the residential house and market price of the non-residential house involved in the Rules should be evaluated by the institution entrusted by the real estate evaluation institution approved by city house and land resource bureaus. The evaluation institution should evaluate on the location, usage, construction acreage and etc of the demolished house with evaluation time of the date when the house demolition license is approved.
If the demolition parties have any different opinions on the evaluation result, one party of them can apply for check to house demolition evaluation expert committee established by Shanghai Real Estate Evaluation Masters’ Association. If no application for check in 15 days since receiving evaluation result, the result will be taken as base of verdict; if any, the check result will be taken as base of verdict.
Evaluation technical criterions, transaction procedures and relevant administration rules of house demolition should be formulated by the city house and land resource bureau.
The charge rate for house demolition evaluation should be formulated by city price supervision department combined with house and land resource bureau.
Article 54 (currency compensation, resettlement of property owners and users of resettled houses)
The currency compensation and resettled house should be allocated to the demolished. The demolished should be responsible for resettlement of house users.
The currency compensation and resettled house given by the demolishers to the house renters should belong to the renters and their roommates.
3. Relevant Policy of WB Involuntary Resettlement
1. THE ENTIRE OBJECTIVE OF WB INVOLUNTARY RESETTLEMENT POLICIES IS:
（1）to explore any feasible design programs to avoid or reduce involuntary resettlement as much as possible.
（2）if inevitable, the resettlement actions should be regarded as programs of sustainable development to conceive and run. Sufficient fund should be supplied for the resettlers to share the Project benefit. The resettlers should be carefully negotiated with for them to have the chance to participate in the design and implementation of RAP.
（3）to help the resettlers endeavor to increase livelihood and living standard, at least to restore to the relatively high standard before movement or project beginning.
2. In order to solve the living or production difficulties caused by the loss of production materials or other properties since forced land acquisition, WB demands the borrowers to compile a RAP or legal framework of resettlement with the contents covering the following:
（1） the RAP or legal and policy framework should take corresponding measures to ensure that resettlers
a． Be informed their own selection and other rights on resettlement;
b．Know the technical and economic feasible programs; take part in negotiation with selection;
c．Get rapid and efficient compensation at all reconstruction cost to offset the direct wealth loss caused by the Project.
（2）If the effect includes movement, then the RAP or legal and policy framework should take corresponding measures to ensure that resettlers
a．Gain assistance during movement (such as movement subsidy);
b．Gain houses or housing plot, or agricultural production places as demanded. The production potential, location advantage and other integrated factors of the places should at least equal to the original places.
（3）in order to realize the objectives, the RAP or legal and policy framework should take corresponding measures if necessary to ensure that resettlers
a．After movement gain assistance during the transformation period which is properly calculated due to the necessary time for restoration of livelihood and living standard;
b．Gain development assistance such as land tide-up, credit, training or employment.
As for the effect mentioned in paragraph 3（a）, the measures include compensation and assistance before movement and preparation to supply resettlement places with full equipment if necessary. However, it should be pointed out that land acquisition and other property occupation should be carried out until payment of compensation and even resettlement places and payment of movement subsidy if necessary.
11. Compensation Policy for Resettlement of the Project
1. PRINCIPLES OF COMPENSATION IN THE PROJECT
THE MAIN PRINCIPLES OF COMPENSATION POLICY ARE:
to take measures as much as possible to minimize adverse impact of the Project;
the compensation and resettlement programs can improve or at least keep the living standards before the movement;
to carefully negotiate with the resettled to ensure that they have the chance to comprehensively participate in the planning and implementation of RAP;
all of the welfare affected by the Project should be compensated in the resettled cost;
To adopt the principle of construction before demolition as much as possible. Before the construction and land acquisition and house demolition, the resettled should get all the compensation. Land and some relevant welfare acquisition should be carried out after payment of compensation or even supply of resettlement sits and movement subsidy if needed.
To identify DP qualification. The time criteria for identification of resettlement should be the publicizing date of demolition announcement. After the date, the resettled should not build new, enlarge or reconstruct houses, nor change house and land usage; nor rent land, and nor rent or merchandise house. The population coming in after the date has no the qualification.
2. Compensation Policy
THE COMPENSATION POLICY OF THE PROJECT IS FORMULATED DUE TO THE RELEVANT RESETTLEMENT STIPULATES OF P.R.C, SHANGHAI PEOPLE’S GOVERNMENT AND WORLD BANK.
First. Compensation Policy for Rural Collective Land Acquisition
The compensation rate is formulated due to Notice of Reply to Modify Compensation Rate for land acquisition and the regulations of Notice of Formulating Acquisition Scope and Rate for Land Reclamation with the specific ideas as follows:
(1)Where land is occupied, the compensation should be paid due to the previous use of the land. The compensation includes land compensation, resettlement subsidy and compensation for ground attachment and green seeding. The land compensation is authorized to the rural collective economic organizations; the compensation for ground attachment and green seeding should be paid to the owners of them; and the resettlement subsidy should be used for the special labor resettlement without other use. The time of annual production for land compensation and resettlement subsidy should be confirmed in the legal scope in the principle of no decrease of peasants’ living standard before land acquisition; If the compensation and resettlement fee calculated at the price of universal annual production can not keep the previous living standard or pay for the social security fees for the landless peasants as land acquisition, the time should be increased after approved by Shanghai Municipality; if 30 times of total amount of the compensation and resettlement subsidy still can not keep the previous living standard, the subsidy should be allocated in portion from the state land transfer benefit in the universal arrangement of Shanghai People’s Municipality.
(2)As for the land compensation rate, where planting land is occupied, the rate is 12000yuan/mu for the corn and grain land and that is 28000yuan/mu for the vegetable base due to the different use. Where the non-planting land is occupied, the land can be divided into housing plot, non-agricultural construction land and other land. The compensation for housing plot takes location into account and should be included in the calculation of compensation for house demolition with 1.25 coefficient multiplied without separate computing, the non-agricultural land should be compensated in the evaluated price of every district or county; as for other non-planting land the compensation should be carried out in the price of 6000yuan/mu.
(3) The resettlement subsidy for the planting land acquisition should be calculated due to the agricultural population who needs to be resettled. The agricultural population in need of resettlement should be calculated due to the occupied planting land amount dividing the planting land proportion for each person of the occupied unit before land acquisition. The labor resettlement subsidy is paid due to different ages and gender with the rate of 90000yuan/person to 120000yuan/person. The resettlement subsidy is calculated at the average price of 105000yuan/person. And during the practical compensation, the subsidy per mu should be given due to the ratio of land to labor in the affected towns and villages.
(4) Compensation for green seeding and fees for ground attachment and green seeding should be paid to the owners. In the Project, the green seeding should be compensated at the price of 1080yuan/mu. The other ground attachment should be compensated due to the practical situations. In the Project the compensation for ground attachment should be 10000 to 25000yuan/mu and that for green seeding should be 2540yuan/mu.
(5) The planting land occupation tax is 6 thousandyuan/mu; the reclamation of planting land is 25 thousandyuan/mu; convert fee of non-planting land is 5 thousandyuan/mu. Second. Compensation Policy for State Land
Where the land access is transferred in charge, the endorser should sign contract with the transferee and register for this. The transfer price is negotiated and confirmed by the two parts. However, if the price is obviously lower than the market price, the city or county governments have the priority to purchase. While if the market price increases unreasonably, the city or county governments can take some necessary measures.
The countermeasure of state land access transfer in charge is to compensate for the rest term of land, at the price calculated due to evaluated market price of land transfer in charge and the ground attachment and framed construction is compensated at the replacement cost. If the permanently occupied land is allocated in administration, it can be taken back freely and the ground attachment and framed construction is compensated at the replacement cost. Since the Project benefits to the public, free allocation can be applied for to Shanghai People’s Government.
After getting planning and construction license from city or district, the project construction organization can negotiate with the demolished organizations about the state land access transfer with appraisal of land evaluation organization with certain qualification. The price in the budget is that negotiated with the endorsers while compiling RAP.
The ground attachment and framed construction on state land should be compensated at the replacement cost.
Third. Compensation Policy for Temporary Land Acquisition
The compensation for temporary rural collective land acquisition is calculated due to occupation use and loss, including green seeding compensation and land convert fee.
As construction, the temporarily built office houses need to occupy state land, and then the compensation should be paid to the affected department at 0.3yuan/m2 due to the occupied acreage and term. After implementation, the project organizations are responsible for removing and clearing the ground.
Where state land is occupied temporarily for pipelines pavement, the compensation for land acquisition is not calculated and for the demolished ground attachment the compensation should be paid at the replacement cost. After implementation, the project organizations are responsible for restoring due to previous standard and scale with the fee in the project construction fund.
Fourth. Compensation Policy for Houses
(1) Resettlement ways for demolition and resettlement. It can adopt currency compensation exchange of house property rights in the same compensation amount(value-standard house exchange later) and the house property rights exchange inter-location on the basis of house’ construction acreage can be adopted without difference in resettled acreage(acreage-standard house exchange later).
(2) Currency compensation amount of residential houses. As for the residential houses demolition, the currency compensation amount should be confirmed in the principle of reconstruction, calculated due to the evaluated unit price of the demolished house in real estate market and the construction acreage of the demolished houses. The market unit price of the demolished houses is that of real estate market, if the latter is lower than the minimum compensation unit price, the compensation should be calculated at the minimum unit price[8] and the formula is: the real estate market unit price of the demolished houses + price subsidy)×the construction acreage of the demolished houses.
（3）acreage-standard house exchange. Due to the demolished house acreage, the certain acreage should be resettled with plus of the cent age Table 4.2 :
Table 4.2 Calculating Coefficient of Standard House Demolition
|Location of Demolished |Location of Settled Houses |
|House | |
| |Fourth | |Fourth |
|First, Second, Third |30％ |60％ |100％ |
|Fourth |－ |40％ |70％ |
（4）relevant fees including movement subsidy for demolished residential houses. The demolishers should pay to the demolished the movement subsidy, facility movement fee and temporary resettlement subsidy during transition.
Fifth. Compensation Policy for Enterprises and Shops
The cash compensation of displacement of non-residental house shall be determined by the real estate market. To those choose exchange house, the price difference between cash comenstaion and real exchange market shall be calculated.
To demolish the non-residental house which is not rented or the rented house which has negosiated rent, the demolisher compensates the losses to the demolished if the demolished has released agreement with the renters; otherwise, if the demolished can not reach the agreement with the renters, the demolisher shall compensate the demolished with exchange house and the rent can continue the rent. In second case, the demolished shall sign a new contract with the original renter.
To demolish the non-residental house has governmental rent rate and the house is owned by the State, if the demolished choose compensation in cash, the demolished shall resettle the renters and their rent contract continiue; if the demolished choose compensation in exchange house, demolisher shall pay 20% of the house compensation at the price of real estate market to the demolished and pay other 80%of the compensation to the renters. In second case, the rent contract ended naturally.
To demolish non-residental house, the demolisher shall pay following compensation fot the demolished and the renters: (1) freighatage cost, equipment installration cost, equipment movement cost according to concernted policy of the State and Shanghai. (2) the equipment can not re-used shall be compensated at replacement cost.(3) the losses of stop production and shutdown caused by demolition.
Land, enterprise houses and attachment are the main affected in the enterprises. To classify due to enterprises’ house nature and license possession, the affected enterprises can be divided into 4 types. The project only involves in 2 types, one is that in business houses with license and 6 shops(5 shops are state owned and 1 are private owned) in the Project belong to this type; the other one is that in residential houses without license and the rest 58 enterprises belong to this type.
Complied with Shanghai policies, all the enterprise houses should be compensated at the market price(land price included) a. The loss of business and production cease and equipment movement fee should be made up.During the movement the staff in enterprises and shops will get no loss of rights and interests including wage, medical and social insurance, dividend and bonus and etc and thus the staff will never lose jobs since movement. The temporary workers from other places who have been informed 3 months before should get free information to find new jobs as soon as possible.
To classify due to shops’ house nature and license possession, the affected shops can be divided into 4 types. The project only involves in 2 types, one is that in residential houses with license and 6 shops in the Project belongs to this type; the other one is that in residential houses without license and the rest 52 shops belongs to this type.
The property owner of renting shops should be compensated due to house compensation rate (including land price). The loss of business cease of the tenant should be made up as 250 yuan/m2. The person with business licence should be given 100000 yuan for each household as one-off when taking the extra cost for licence and business into account. In the condition of being informed 1 month before, the shop renters can have enough time to find other shops for business. In addition to provision of rent information, the executive agency will inform the affected temporary workers 3 months in advance as well as free information for new jobs as soon as possible.
The demolition organization should inform in advance and provide the rent information of shops in the same acreage and in the same areas for them to look for proper houses to keep usual business with compensation for movement.
Sixth. Compensation Policy for Affected Ground Attachment, Scattered Fruit Trees and Public Facility
After the demolishers compensate to the property owners in the principle of reconstruction, the property owners should restore and reconstruct.
Seventh. Compensation for Temporary buildings
Due to Shanghai Several Rules of Resettlement and Compensation for Collective Land Acquisition announced by Shanghai People’s Government on April 10th 2002, those Temporary buildings whose term is still in authorization term can be given proper compensation of 300 Yuan/mu at the replacement cost of architectural materials.
Eighth. Compensation Rate for Other Property
The affected other properties should be compensated or restored due to ruled rate of Shanghai. As for those having not been ruled, compensation should be carried out due to market price.
Ninth. Supporting Policy for Vulnerable Groups
Besides the corresponding policies above, the affected vulnerable groups can also get some other favorable policies such as:
(1) If the demolished is lonely elder, disabled, or orphan, the acreage-standard house exchange should take reference to the last article.
(2) The labor force in the vulnerable families should be given occupation training with employment information and instruction to create employment opportunity.
(3) During the implementation, the works with low technical requisition should be provided prior to the young ones of the vulnerable families.
(4) The organization which is responsible for demolition and movement should try best to help and support the movement of the vulnerable families.
1. Compensation Rate
ACCORDING TO LEGAL FRAMEWORK AND COMBINED WITH THE PRACTICAL CONDITIONS OF EVERY DISTRICT OR COUNTY, THE COMPENSATION RATE FOR EFFECT ON MANY KINDS IS FORMULATED AS FOLLOWS:
1. Compensation Rate for Rural Collective Land Acquisition
DUE TO LAND ADMINISTRATIVE LAW OF P.R.C, SHANGHAI IMPLEMENTATION METHODS OF LAND ADMINISTRATIVE LAW OF P.R.C AND COMBINED WITH REPLY TO APPROVE TO MODIFY SHANGHAI COMPENSATION RATE, THE COMPENSATION IS IN THE FOLLOWING: AS FOR THE LAND COMPENSATION RATE, WHERE PLANTING LAND IS OCCUPIED, THE RATE IS 12000YUAN/MU FOR THE CORN AND GRAIN LAND, THAT IS 1080 YUAN/MU FOR THE GREEN SEEDING AND THAT IS 28000YUAN/MU FOR THE VEGETABLE BASE DUE TO THE DIFFERENT USE AND CORRESPONDINGLY THAT IS 2540 YUAN/MU FOR THE GREEN SEEDING. WHERE THE NON-PLANTING LAND IS OCCUPIED, THE LAND CAN BE DIVIDED INTO HOUSING PLOT, NON-AGRICULTURAL CONSTRUCTION LAND AND OTHER LAND. THE COMPENSATION FOR HOUSING PLOT TAKES LOCATION INTO ACCOUNT AND SHOULD BE INCLUDED IN THE CALCULATION OF COMPENSATION FOR HOUSE DEMOLITION WITH 1.25 COEFFICIENT MULTIPLIED WITHOUT SEPARATE COMPUTING, THE NON-AGRICULTURAL LAND SHOULD BE COMPENSATED IN THE EVALUATED PRICE OF EVERY DISTRICT OR COUNTY; AS FOR OTHER NON-PLANTING LAND THE COMPENSATION SHOULD BE CARRIED OUT IN THE PRICE OF 6000YUAN/MU. THE LABOR RESETTLEMENT SUBSIDY IS PAID DUE TO DIFFERENT AGES AND GENDER WITH THE RATE OF 90000YUAN/PERSON TO 120000YUAN/PERSON. THE RESETTLEMENT SUBSIDY IS CALCULATED AT THE AVERAGE PRICE OF 105000YUAN/PERSON. AND DURING THE PRACTICAL COMPENSATION, THE SUBSIDY PER MU SHOULD BE GIVEN DUE TO THE RATIO OF LAND TO LABOR IN THE AFFECTED TOWNS AND VILLAGES.
Compensation for green seeding and fees for ground attachment and green seeding should be paid to the owners. In the Project, the green seeding should be compensated at the price of 1080yuan/mu. The other ground attachment should be compensated due to the practical situations. In the Project the compensation for ground attachment should be 10000 to 25000yuan/mu.
The planting land occupation tax is 6 thousandyuan/mu; the reclamation of planting land is 25 thousandyuan/mu; convert fee of non-planting land is 5 thousandyuan/mu. All the compensation should restore the peasant’s living standard before. If not enough, the subsidy should be allocated in portion from the state land transfer benefit in the universal arrangement of Shanghai People’s Government.
The specific compensation rate for land acquisition is shown in Table 5.1.
Table 5.1Compensation Rate for Land Acquisition
|Item |Planting Land（corn and grain land） |Receiver |
| |Unit |Amount | |
|Compensation for Corn and Grain | | | |
|Land: | | | |
|1. compensation for land |Yuan/mu |12000 |Village committee |
|acquisition: | | | |
|2. compensation for green seeding: |Yuan/mu |1080 |Village committee |
|3. Planting Land Acquisition Tax: |Yuan/mu |6000 |Finance bureau |
|4. Land Reclamation： |Yuan/mu |25000 |Finance bureau |
|5. resettlement subsidy： |Yuan/person |105000 |Resettlement department and |
| | | |individual |
|Compensation for vegetable land: | | | |
|1. compensation for land |Yuan/mu |28000 |Village committee |
|acquisition: | | | |
|2. compensation for green seeding: |Yuan/mu |2540 |Village committee |
|3. planting land occupation tax: |Yuan/mu |6000 |Finance Bureau |
|4. land reclamation: |Yuan/mu |25000 |Finance Bureau |
|5. construction fund of vegetable |Yuan/mu |60000 |Finance Bureau |
|land: | | | |
|6. resettlement subsidy: |Yuan/person |105000[9] |resettlement departments and |
| | | |individual |
|non-planting land: | | | |
|1. housing plot: |Yuan/mu |Calculated into house |resettlement departments and |
| | |compensation |individual |
|2. non-agricultural construction |Yuan/mu |150000[10] |Village committee |
|land:： | | | |
|3. other non-planting land: |Yuan/mu |60000 |Village committee |
| | | | |
2. Compensation Rate for State Land
THE LEGAL BASE FOR THIS COMPENSATION CONSISTS OF SHANGHAI IMPLEMENTATION METHODS OF LAND ADMINISTRATIVE LAW OF P.R.C, SHANGHAI STATE LAND RENT TRIAL(MODIFIED AND ANNOUNCED BY SHANGHAI PEOPLE’S GOVERNMENT NO.119 COMMAND ON APRIL 1ST 2004) AND SHANGHAI LAND ACCESS TRANSFER METHODS (ANNOUNCED ON MAY 21ST, 2001, MODIFIED BY SHANGHAI MUNICIPALITY DUE TO SHANGHAI DECISION ON ERECTION OF SHANGHAI LAND ACCESS TRANSFER METHODS ON OCTOBER 30TH, 1996, AND AFTER GETTING PLANNING AND CONSTRUCTION LICENSE FROM CITY OR DISTRICT, THE PROJECT CONSTRUCTION ORGANIZATION CAN NEGOTIATE WITH THE DEMOLISHED ORGANIZATIONS ABOUT THE STATE LAND ACCESS TRANSFER WITH APPRAISAL OF LAND EVALUATION ORGANIZATION WITH CERTAIN QUALIFICATION. THE PRICE IN THE BUDGET IS THAT NEGOTIATED WITH THE ENDORSERS WHILE COMPILING RAP.
In the Project, the transfer price of the state land occupied by Chongming Sewage Treatment Plant is 360 thousandyuan/mu, that of the land occupied by The Second Waterworks Depth Treatment Project is 375 thousandyuan/mu, that occupied by Huaxiang, Linkong Pumping Station is 2641 thousandyuan/mu and that occupied by West Mainline Project is 3600 thousandyuan/mu..
3. Compensation Rate for Temporary Land Acquisition
THE COMPENSATION FOR TEMPORARY RURAL COLLECTIVE LAND ACQUISITION IS CALCULATED DUE TO OCCUPATION USE AND LOSS, INCLUDING GREEN SEEDING COMPENSATION AND LAND CONVERT FEE.
As construction, the temporarily built office houses need to occupy state land, and then the compensation should be paid to the affected department at 0.3yuan/m2 due to the occupied acreage and term. After implementation, the project organizations are responsible for removing and clearing the ground.
Where state land is occupied temporarily for pipelines pavement, the compensation for land acquisition is not calculated and for the demolished ground attachment the compensation should be paid at the replacement cost. After implementation, the project organizations are responsible for restoring due to previous standard and scale with the fee in the project construction fund.
4. Compensation Rate for Rural House Demolition
IN THE WHOLE PROJECT NO URBAN HOUSES ARE DEMOLISHED AND THE URBAN HOUSES DEMOLITION INVOLVES IN CHANGQIAO WATERWORKS RECONSTRUCTION PROJECT AND WEST MAINLINE PROJECT.
Due to the relevant stipulates of Shanghai Urban House Demolition Administrative and Implementation Detailed Rules (No. 111 of Shanghai Municipal Command announced on October 29th, 2001), Shanghai Several Rules of Resettlement and Compensation for Collective Land Acquisition(No.13 of Shanghai Municipal Command[2002]) announced by Shanghai People’s Government on April 10th 2004 and Shanghai Land Access Unit Price Rate for House Demolition on Collective Land in October 2004：carried out in the Project the demolished rural houses of Changqiao Waterworks Reconstruction Project all locate in Zhangjia Pool in Gangkou Village of Huajing Town, belonging to Level D area of Xuhui District(south of Longhua Harbor, southeast of Humin Road and north of Dingpu River). The least compensation unit price is 2300yuan/m2 and compensation co-efficient is not less than 20%. The demolished enterprises of West Mainline Reconstruction Project locate in Miaoxing Town of Baoshan District(Level A area with 2713yuan/m2 as the least compensation unit rate and no less than 400yuan/m2 as price subsidy coefficient), Gucun, Yangxing and Yuepu Town(Level D area with 1799yuan/m2 as the least compensation unit rate and no less than 350yuan/m2 as price subsidy coefficient),and Luodian Town(Level E area with 1246yuan/m2 as the least compensation unit rate and no less than 350yuan/m2 as price subsidy coefficient). The compensation rate for rural houses in Chongming Chengqiao Sewage Treatment Plant can take that of nearby district and county as inference.
Due to the practical price of local merchandise houses of the least compensation unit price in the affected areas, and after negotiation with demolished residents, the final compensation price is confirmed and the compensation fee includes that for housing plots. After getting compensation, the residents whose house demolished should be ensured to purchase houses in the near areas. The compensation rate for rural house demolition of the two sub-projects can be seen inTable5.2.
Table 5.2 Compensation Rate for Rural House and Attachment Demolition
Unit：Yuan/Unit
|Project |House Compensation（yuan/M2） |Compensation for |other compensation |
| | |attachment | |
| |brick-concreted |Brick-wood |Simple |
| | | | |
| |Frame |
| | |
| |Framed |Brick and beton |Framed |Simple |
|West Mainline Reconstruction Project |/ |5050 |4850 |/ |
5. Compensation for Temporary buildings
DUE TO SHANGHAI SEVERAL RULES OF RESETTLEMENT AND COMPENSATION FOR COLLECTIVE LAND ACQUISITION ANNOUNCED BY SHANGHAI PEOPLE’S GOVERNMENT ON APRIL 10TH 2002, THOSE TEMPORARY BUILDINGS WHOSE TERM IS STILL IN AUTHORIZATION TERM CAN BE GIVEN PROPER COMPENSATION.
6. Compensation Rate for Ground Attachment and Public Facility
THE COMPENSATION RATE FOR GROUND ATTACHMENT AND PUBLIC FACILITY IS SHOWN IN TABLE 5.5.
Table 5.5 Compensation Rate for Ground Attachment and Public Facility
Unit：Yuan/unit
|No. |Item |Unit |Qty |Unit(Yuan) |
|1 |380Velectricity pole |line |1340 |1000.00 |
|2 |Green ward |m2 |31205 |100.00 |
|3 |Washroom |station |7 |30000.00 |
|4 |Camellia tree（H61-80） |stem |180 |500.00 |
|5 |Ground |m2 |23971 |80.00 |
|6 |Big canopy |m2 |9450 |40.00 |
|7 |Holly Tree |m2 |11376 |2.71 |
|8 |Grave |set |11 |300.00 |
|9 |Water Supply Pipe |m |1200 |800.00 |
|10 |Sweet-scented osmanthus tree |stem |269 |100.00 |
|11 |Sweet-scented osmanthus |stem |50 |150.00 |
| |tree（H201.230） | | | |
|12 |Red maple |stem |56 |100.00 |
|13 |Red maple（P61-70） |stem |200 |200.00 |
|14 |Flower and grass |m2 |432 |1.43 |
|15 |Jigen Road |m2 |2100 |60.00 |
|16 |Dogbane（H300） |stem |120 |120.00 |
|17 |Open Flowers and winter wheat |stem |2000 |1.43 |
|18 |Virescence |m2 |12630 |100.00 |
|19 |green zoster |m2 |600 |100.00 |
|20 |Cannas(low stem) |m2 |157 |18.31 |
|21 |Open ditch |m |260 |10.00 |
|22 |Mulberry（ф14-20） |stem |156 |650.00 |
|23 |Penstock |m |360 |12.00 |
|24 |Iron gate |piece |8 |2000.00 |
|25 |Even ground |m2 |31585 |150.00 |
|26 | evergreen |m2 |6188 |1.43 |
|27 |Walls |m2 |6655 |250.00 |
|28 |Sewage pond |m2 |1156 |60.00 |
|29 |Camphor tree（φ10-12） |stem |120 |800.00 |
|30 |Camphor tree(12-15） |stem |1030 |1200.00 |
|31 |Camphor tree（ф18-25） |stem |1252 |1600.00 |
|32 |Camphor tree（ф7-10） |stem |811 |600.00 |
|33 |Street tree |stem |1034 |100.00 |
|34 |Snow pipe tree（ф10-15） |stem |137 |5000.00 |
|35 |Gingko tree（φ15-φ18） |stem |40 |3510.00 |
|36 |Fish pound |m2 |5700 |60.00 |
|37 |Inseminated Shrub（H61-80） |stem |650 |1.43 |
|38 |Tap water pipeline |m |800 |12.00 |
|39 |Palm Tree（H81-100） |stem |70 |80.00 |
Resettlement Program
7. Resettlement Objectives
THE PURPOSES OF THE PROJECT IS TO ENSURE THAT RESETTLERS CAN GET COMPENSATION FOR THEIR ENTIRE DAMAGE, PROPER RESETTLEMENT AND WELL-DONE REHABILITATION TO MAKE THEM SHARE THE PROJECT BENEFIT AND TO SUBSIDY FOR THEIR TENTATIVE DIFFICULTIES TO REALLY INCREASE OR RESTORE THEIR LIVING AND PRODUCTIVE STANDARDS OR ENTERPRISES’ PRODUCTION AND PROFIT BEFORE MOVEMENT OR THAT IN HIGH LEVEL BY THE BEGINNING OF THE PROJECT RESETTLEMENT.
The resettlement principles of the Project are in the following:
Optimize project design in resettlement to avoid the areas of dense population or many-storied and high-storied construction as much as possible and to decrease scopes of land acquisition and house demolition and to reduce involuntary resettlers.
All of the resettlers resettlement should be component of the project construction to provide sufficient fund for resettlers and make them share the benefit from the Project.
Resettlers get assistance in movement and resettlement areas.
Dps accustomed to the residents of resettled sites in social and economic fields.
Affect families will improve their residential circumstance fully equipped with convenient transport and good environment.
Decrease as much as possible the loss of the enterprises since land acquisition and demolition, if it is inevitable to cause production and business cease, then to compensate for this and then properly resettle the enterprises to restore their living and business standard as soon as possible.
To encourage resettlers to participate in the compilation of RAP and resettlement implementation. Resettlement ways should fully consider the resettlers’ desire.
resettlers’ production standard and living standard should be restored or improved to a certain extent to the level before resettlement or beginning of the project.
The specific resettlement program of every sub-project can be seen in Appendix 2.
8. Resettlement Programs for APs of Land Acquisition
THE WHOLE PROJECT HAS 7 SUB-PROJECTS INVOLVING IN PERMANENT LAND ACQUISITION AND THEY ARE THE SECOND WATERWORKS DEPTH TREATMENT PROJECT IN MINHANG, CHANGQIAO WATERWORKS RECONSTRUCTION PROJECT, HUAXIANG AND LINKONG PRESS-PLUS PUMPING STATION PROJECT, WEST MAINLINE RECONSTRUCTION PROJECT, CHONGMING CHENGQIAO SEWAGE TREATMENT PROJECT, QINGPU HUAXIN SEWAGE TREATMENT PIPE NETWORK PROJECT AND JINSHAN GARBAGE COLLECTION AND TRANSPORTATION SYSTEM PROJECT. ALL THE PERMANENT OCCUPIED LAND AMOUNTS TO 580.59MU, AMONG WHICH THERE ARE 480.46MU COLLECTIVE LAND (96 MU CORN AND GRAIN LAND, 110MU HOUSING PLOT, 116.3MU NON-AGRICULTURAL CONSTRUCTION LAND AND 158.15MU OTHER LAND). IN THE PLANTING LAND THERE IS 25.6 MU WITH TEMPORARY WAREHOUSES ON IT RENTED FOR MATERIALS, HALF-PRODUCTION AND PRODUCTION STORAGE. THE PLANTING LAND ELSE IS FARMED BY THE LAND CONTRACTOR AND NOT RENTED TO PEASANT WORKERS FROM OTHER PLACES. THE PERMANENT LAND ACQUISITION AFFECTS 444 PERSONS, AMONG WHICH 150 PERSONS BELONG TO LABOR FORCE.
1. Income Effect Analysis
DUE TO THE SOCIO-ECONOMIC SURVEY IN THE PROJECT AREA, IT IS EVIDENT THAT THE INCOME FROM PLANTING LAND OF THE PEASANTS LAND OCCUPIED ACCOUNTS ONLY FOR 0 TO 13% OF THE TOTAL INCOME, THE MAIN SOURCE IS NON-AGRICULTURAL INCOME, WHICH ACCOUNTING FOR MORE THAN 85%, AND WHILE AMONG THIS WORKING AND COMMERCIAL INCOME IS THE MAIN SOURCE IN NON-AGRICULTURE, ACCOUNTING FOR MORE THAN 90%. SINCE THE INCOME IS MAINLY FROM NON-AGRICULTURE AND NOT ALL THE LAND OF MOST PEASANTS HAS BEEN FULLY OCCUPIED, THE EFFECT ON THE PEASANTS ALMOST GOES NOTHING WITH 1% AS THE MOST EFFECT RATE. THEREFORE, THE PEASANT’S INCOME EFFECT OF LAND ACQUISITION CAN NEARLY BE OMITTED. DETAILS CAN BE SEEN IN TABLE 6. 1.
Table 6. 1 EFFECT on Every Town and Village of Project Land Acquisition
|Project |Affected Towns and Villages |Planting Gross（mu） |
| |Population |Resettled Population |Assimilation Resettlement |Retirement Resettlement |
| |(Person) |(person) |(person) |(person) |
|Huaxiang Pumping Station, |190 |78 |49 |29 |
|Linkong Pumping Station, | | | | |
|Xujing and Huaxin Water | | | | |
|Supply Pipelines | | | | |
|Chongming Chengqiao Sewage |228 |52 |36 |16 |
|Treatment Plant Project | | | | |
|Qingpu Huaxin Sewage |11 |11 |7 |4 |
|Treatment Plant Project | | | | |
|Jinshan Garbage Collection |15 |9 |5 |4 |
|and Transportation | | | | |
|Construction Project | | | | |
|Total |444 |150 |97 |53 |
2. Labor Resettlement
THE PROJECT HAS 97 PERSONS TAKING LABOR ASSIMILATION RESETTLEMENT. THE LAND COMPENSATION IS HANDED OUT TO THE VILLAGE TO IMPROVE VILLAGE ECONOMY OR PURCHASE OTHER LANDS IN THE SURROUNDING VILLAGES. EVERY RESETTLED LABOR CAN GET ABOUT 105000YUAN AS RESETTLEMENT SUBSIDY. DUE TO RELEVANT RULES, THE RESETTLEMENT SUBSIDY CAN BE HANDED OUT TO THE VILLAGE AND THE AFFECTED LABOR AS WELL. AS FOR THE FORMER, IT IS THE COLLECTIVE VILLAGES THAT ARE RESPONSIBLE FOR RESETTLEMENT OF THESE LABORS AND KEEP THEIR LIVELIHOOD CONTINUE. WHILE AS FOR THE LATTER, THE LABORS CAN ARRANGE THEIR OWN LIVELIHOOD, GOING ON WITH THEIR CURRENT OCCUPATION, OR TAKING OVER OTHER OCCUPATIONS AS DEVELOPMENT FUND.
In the areas the second and third industries has been developed very well, with quite many employment opportunities and active labor force market, which entitles it one of the richest areas. The peasants had not earned living on land for so long time that the agricultural income accounts only 10% in the perspective of income structure. Therefore, the resettlement subsidy in the Project is handed out to the individuals directly according to the affected labours.
The affected labors will be included in township employment service scope due to the principle of market employment. They can get employment service such as occupation introduction and instruction supplied by public employment service agents at all levels or they can participate in the occupation training subsidized by the government.
That labor force who carves out by themselves can get assistant policies such as setup instruction, carving training, assurance of setup loan or interest subsidy, informal employment and etc.
3. Retirement Resettlement
IN THE WHOLE AFFECTED POPULATION THERE ARE TOTALLY 53 ADOPTING RETIREMENT RESETTLEMENT.
Their resettlement subsidy should pay for land acquisition retirement pension.
The retirement pension consists of living expense, medical fee, subsidy and the like with term of 15 years for male and 20 years for female.
Those retirement persons male beyond 55 years old and below 60 and female beyond 45 and below 55 can choose to take part in little township social insurance with its resettlement subsidy priority to the insurance and the specific methods is formulated by the government of district or county. Those persons land occupied which have been checked as entire loss of labor by city labor ability appraisal agents can be got involved in the retirement and can retire earlier. The term of land acquisition retirement pension should be plus with advanced term.
The land occupier should sign an agreement of retirement with the retirement persons for land acquisition.
The retirement fee for land acquisition is handed in from land occupier to the special retirement service agents appointed by the government of district or county. Since the next month of retirement fee paid, living expense can be received and medical service can be written off.
After measure, since the next month retirement fee of 10500Yuan paid, the retirement persons can receive 332 Yuan pension monthly which will meet the basic living demand in Shanghai.
4. Rehabilitation Plan for Temporary Land Acquisition
IN THE WHOLE PROJECT TOTALLY 7 SUB-PROJECTS INVOLVE IN TEMPORARY LAND ACQUISITION, LAND AMOUNTING TO 948.4MU, AND AMONG WHICH 322.3MU COLLECTIVE PLANTING LAND AND 626.1MU ROADS AND VIRESCENCE. THE OCCUPATION TERM IS 3 MONTHS AT LEAST AND 1 YEARS AT MOST. THE TEMPORARY LAND ACQUISITION IS MAINLY CAUSED BY PIPE NETWORK PROJECTS AND THE LAND IS MOSTLY NON-PLANTING COLLECTIVE LAND, ROADS, VIRESCENCE OF ONE SIDE OF ROADS AND PART OF RESIDENTS’ HOUSING LAND. DURING IMPLEMENTATION, THE PRINCIPLE OF MINIMIZING EFFECT WILL BE INSISTED ON TO TAKE CORRESPONDING MEASURES INCLUDING CEILING PIPELINE CROSSING ROADS, BRIDGE PIPELINE CROSSING RIVERS.
The land temporarily occupied will be compensated as compensation rate. After the term goes out, the project implementation institutions are responsible for demolishing the temporary houses and cleaning ground.
5. House Reconstruction Plan
IN THE WHOLE PROJECT THERE ARE 3 SUB-PROJECTS INVOLVING IN RURAL HOUSE DEMOLITION AND THEY ARE RESPECTIVELY CHANGQIAO WATERWORKS RECONSTRUCTION PROJECT (PHASE I), CHONGMING SEWAGE TREATMENT PROJECT AND WEST MAINLINE RECONSTRUCTION PROJECT. THE WHOLE DEMOLISHED HOUSES AMOUNT TO 64086M2,. THE AFFECTED HOUSEHOLD AMOUNTS TO 378 WITH 1385 PERSONS.
In the project 3 choices are provided: 1)currency compensation; 2)exchange of house property rights in the same compensation amount(value-standard house exchange later); 3)and the house property rights exchange inter-location on the basis of house’ construction acreage can be adopted without difference in resettled acreage(acreage-standard house exchange later).
To sum up, in addition to choose the resettlement ways, the demolished resettlers can freely choose the resettlement location, house dimension(subsidy rate should be calculated by difference of the resettlement sites, if above, only certain differential should be paid and if below, compensation should be given) .
As the survey shows (Table 6.3), the affected rural residents can purchase the houses in the same acreage at the same price in the same area and to know the house source situations around the affected areas and the new houses mostly are developed in the recent 2 or 3 years with graceful environment and convenient transport.
Table 6.3 Merchandise House Source in the Round of Affected Areas
|Sub-project Name |Location |Land |Merchandise House Qty(set) |Exchange House Qty(set) |
| | |category| | |
| | | |
| | |Currency compensation |Property house exchange |
|Changqiao Waterworks Reconstruction Project(Phase|96 |80 |16 |
|I) | | | |
|Chongming Sewage Treatment Plant |16 |13 |3 |
|West Mainline Reconstruction Project |266 |211 |55 |
|Total |378 |304 |74 |
(5) Tenants
Large-spaced, all the demolished houses belong privately to local peasants. The average acreage amounts to 200m2 only with 4 persons living inside. Therefore, over 60% owners rent their spare houses at different rate, namely, 300 yuan/month for residential houses and 500—1500 yuan/month for those along alleys or roads dependently. The socio-economic survey shows that renters annually make 13000 yuan per capita. In the overall annual income at the unit of household, about 88% comes from wafes and 12% from house rent.
Among the 378 affected households, there are 229 renters. Most of the 386 tenant households with 1280 persons work in the factories around, making average 800 yuan/person*month. Their renting time is from 3 to 12 months.
The tenants will be informed of demolition 3 months in advance and get movement compensation. In respect of lots of houses available around Shanghai suburb, they will take no pain in finding such room at similar rent.
The renter can get more rent if he/she wants to rent the spare room of his/her new house due to the high qualification of the new house and the perfect infrastructure counterparts.
6. Resettlement for Enterprises and Shops
THE PROJECT AFFECTS ONLY ENTERPRISES BUT NOT INSTITUTIONS.
In the whole project there are 3 sub-projects involving in enterprises and they are Changqiao Waterworks Reconstruction Project (PhaseI), West Mainline Reconstruction Project and Closure and movement Project for Sanlin Garbage Ground. The whole affected enterprises amount to 67 among which 66 are affected by house demolition and movement, 1 is affected by the attachment demolition (Closure and movement Project for Sanlin Garbage Ground needs to occupy 620 thousandm3 waste mining tunnels of Shanghai Jingfeng Industrial Co., Ltd). The whole demolished houses of enterprises amount to 89710m2. The movement of enterprises affects 2881 persons including 2347 temporary workers from other places.
In the whole project there are 2 sub-projects involving in shop demolition and they are Changqiao Waterworks Reconstruction Project (Phase I) and West Mainline Reconstruction Project. The whole affected shops amount to 58, among which 6 shops have business license but no business land certificate, and 52 shops have no the two. The houses of shops that have license amount to 185m2and those who have no license amount to 1237m2,. The whole affected persons of shops demolition amount to 144, including 17 persons affected by the demolished shops who have license(7 temporary workers) and 127 persons affected by the those who have no license(all of them are rented by the temporary workers).
The affected enterprises and shops should be compensated due to the standard for them.
The Project locates in the suburban area of Shanghai with highly advanced economy. Thus the labor force market is very active and a lot of peasants from other places come here for silver and gold. In the 67 affected enterprises 947 persons come from other provinces or cities among the 2881 staff, and in the 58 affected shops 134 persons are Casual laborer in among the 144 affected persons, which accounts for the strictly larger proportion. At the beginning of working here, with the enterprises or shops the Casual laborer had signed agreement which stipulates that if cease production of enterprises, cease business or movement of shops, the staff is ok just after informed 3 months before. Therefore, in the Project this part of population does not need to be resettled but only employment instruction and information.
The enterprises staff needed to be resettled is mostly administrative staff or property owners of the enterprises and shops and they will get proper compensation During the movement, the staff of enterprises and shops has no loss of benefit including wage, medical and social insurance, dividend and bonus and etc, and they will not lose their jobs since movement.
After demolition, the affected enterprises and shops can choose to reconstruct, change production or cease business due to their previous business situations.
Resettlement of affected enterprises is shown in Table 6.5. And that of affected shops can be seen in Table 6.6.
Table 6.5 reveals that most of the affected enterprises selected reconstruction in other places. These enterprises selected to reconstruct themselves in industrial parks of every district or town. Currently in Shanghai there are 16 morden industrial parks(see Figure 6.1), and by the end of 2003, the planned land for these parks amounts to 665KM2 with 345KM2 of practical used land and the other 220km2 of land is still waiting for development and therefore it is possible for these parks to assimilate these enterprises.
[pic]
Figure 6.1 Distribution Map of Shanghai Industrial Parks
Table 6.6 reveals that the property owners of affected shops selected compensation in cash. After getting compensation, they can purchase another shop for rent or business and the original renter have priority to rent the house.
Table 6.5 Resettlement of Affected Enterprise*
|Project |Enterprise Name |Nature of |With or |Resettlement |
| | |enterprise |without | |
| | | |business | |
| | | |license | |
| | | | |Reconstruct in |Change | |
| | | | |other places |production | |
| |Shanghai Better salesman Cultural Co., |Foreign-funded |YES |√ | | |
| |Ltd | | | | | |
| |Shanghai Yutu Hygienic Facility Plant |Private |YES |√ | | |
| |Shanghai Shun’an Fire-proofing and |Private |YES |√ | | |
| |light-hindering Engineering Co., Ltd | | | | | |
|West Mainline |Lvyuan Farming Market |Private |YES |√ | | |
|Reconstruction Project | | | | | | |
| |Shanghai Drainage Vehicle Transport Team |State |YES |√ | | |
| |Shanghai Yixianghyuan Clothing-making |Private |YES |√ | | |
| |Plant | | | | | |
| |Lvyuan Flat |Private |YES |√ | | |
| |Shanghai Miaotou Vehicle Reparation Plant|Private |YES |√ | | |
| |Huaxin Virescence Co., Ltd |Private |YES |√ | | |
| |Shanghai Jiahua Warehouse |Private |YES |√ | | |
| |Shanghai Rongcheng Advanced Imported |Private |YES |√ | | |
| |Vehicle Reparation Plant | | | | | |
| |Tangnan Village Warehouse |Private |YES |√ | | |
| |Shanghai Axletree Steel Products |Private |YES |√ | | |
| |Warehouse | | | | | |
| |Tangnan Village Seeding Plant |Private |YES |√ | | |
| |Shanghai Yizhou Lumber Company |Private |YES |√ | | |
| |Xingfu Village Warehouse Company |Private |YES | |√ | |
| |Rest House of 3855 Army |State |YES | |√ | |
| |Xincheng Rock Co., Ltd |Private |YES |√ | | |
| |Tangxin Stainless Steel Products Co., Ltd|Private |YES |√ | | |
| |Shanghai Fusheng Bean Products Co., Ltd |Private |YES |√ | | |
| |Shanghai Shengyi Resistor Co., Ltd |Private |YES |√ | | |
| |Changzhong Logistics Co.,Ltd |Private |YES |√ | | |
| |Shanghai Changzhong Wood Products Plant |Private |YES |√ | | |
| |Junma Furniture Co., Ltd |Private |YES |√ | | |
| |Xingfu Vehicle Transportation Company |Private |YES |√ | | |
| |Shanghai Society and Technology Press |State |YES |√ | | |
| |Warehouse | | | | | |
| |Shanghai People’s Press Warehouse |State |YES |√ | | |
| |Shanghai Dakang Titanium Products Plant |Private |YES |√ | | |
| |Wenpi Plaster and Plastic Molds Co., Ltd |Private |YES |√ | | |
| |Shanghai Dengqiang Cement Machinery |Private |YES |√ | | |
| |Manufacturer | | | | | |
| |Shanghai Railway Electricity Power Plant |Private |YES |√ | | |
| |Tonglian Wood Products Plant |Private |YES |√ | | |
| |Shanghai Hesheng Metals Products Co., Ltd|Private |YES |√ | | |
| |Shangde Materials Co.,Ltd |Private |YES |√ | | |
| |Ruisheng Package Materials Co., Ltd |Private |YES |√ | | |
| |Yongzhen Furniture Plant |Private |YES |√ | | |
| |Xingxing Village Committee |Private |YES |√ | | |
| |Xiangfeng Advertisements and Decoration |Private |YES |√ | | |
| |Co., Ltd | | | | | |
| |Yuming Metallurgy and Materials Co., Ltd |Private |YES |√ | | |
| |Shanghai Lianjin Commercial Co.,Ltd |Private |YES |√ | | |
| |Gongqin Construction Company |Private |YES |√ | | |
| |Shouguang Waster Recycle Bin |Private |YES |√ | | |
| |Maosheng village-funded Factory |Private |YES | |√ | |
| |Shanghai Baosheng Industrial Co., Ltd |Private |YES |√ | | |
| |Qinfeng Village-funded Factory |Private |YES | |√ | |
| |Shanghai Kaibao Strypped-down Plant |Private |YES |√ | | |
| |Shanghai Waijin Machinery Co., Ltd |Private |YES |√ | | |
| |Shanghai Yuepu Machinery Reparation Plant|Private |YES |√ | | |
| |Jinyu Warehouse |Private |YES |√ | | |
| |Zhenling Decoration Materials Co., Ltd |Private |YES |√ | | |
| |Longxing Framework Engineering Company |Private |YES |√ | | |
| |Duanjing Village-funded Factory |Private |YES | |√ | |
| |Shenjiaqiao Village-funded Factory |Private |YES | |√ | |
| |Gangsheng Metallurgy Materials Plant |Private |YES |√ | | |
| |Shengqiao Second Husbandry Plant |Private |YES |√ | | |
| |Baogang baoxu Plant |State |YES |√ | | |
| |Shidongkou Printing Plant |Private |YES |√ | | |
| |Baozhi Speical Stress Container Renewing |State |YES |√ | | |
| |Plant | | | | | |
| |Xinfeng Village Committee |Private |YES |√ | | |
| |Baosheng Lights Plant |Private |YES |√ | | |
| |Shengqiao Central Kindergarten |Private |YES |√ | | |
| |Xingli Metal Processing Plant |Private |YES |√ | | |
| |Baosheng Cement Products Plant |Private |YES |√ | | |
| |Petrol station |Private |YES |√ | | |
| |Shidongkou Sewage Plant |Private |YES |√ | | |
| | | | | | | |
Table 6.6 Resettlement of Affected Shops with License
|Shop name |Effect |Resettlement |
| |degree | |
| | |Reconstruct in |Change |cash compensation |
| | |other places |production | |
|Liu Yinlong（barber’s） |Yes | | |√ |
|Zhang Shuibing（barber’s） |Yes | | |√ |
|Jin Zhiyu(clinic) |Yes | | |√ |
|Zhang Yongqi(tooth-embedded clinic) |Yes | | |√ |
|Jin Weide(cigarette grocery) |Yes | | |√ |
|Zhang Shunguo(barber’s ) |Yes | | |√ |
The resettlement program of enterprises and shops in every sub-project can be seen in Appendix 2.
7. Resettlement Plan for Temporary buildings
IN THE WHOLE PROJECT, ONLY HUAXIANG PUMPING STATION INVOLVES IN 2140M2 PECCANT CONSTRUCTION AND OVER-TERM TEMPORARY BUILDINGS WHICH LOCATE IN THE COLLECTIVE LAND OF GENGLANG PRODUCTION TEAM OF XINJIANONG VILLAGE WHICH IS OCCUPIED. AFTER SIGNING AN AGREEMENT OF LAND RENT WITH THE TEAM, THE TENANT COMMITS TO BUILD HOUSES HIMSELF ON THE LAND RENTED AND AT THE SAME, COMMITS TO DEMOLISH WITHOUT QUALIFICATION WHEN CIVIL DEMOLITION. THE TEMPORARY BUILDINGS ARE MAINLY USED FOR PILING MATERIALS, STORING SEMI-PRODUCTS AND PRODUCTS FOR THE TENANT. AFTER NEGOTIATING WITH THE TENANT, THE PROJECT WILL COMPENSATE TO THE TENANT DUE TO THE 300YUAN/M2 RECONSTRUCTION COST OF BUILDINGS’ FRAMEWORK.
8. Affected Infrastructure and Ground Attachment
AFTER COMPENSATED BY PROJECT OWNERS TO PROPERTY OWNERS, PROPERTY OWNERS SHOULD RECONSTRUCT THE AFFECTED INFRASTRUCTURE AND GROUND ATTACHMENT.
The rehabilitation measures to the demolished infrastructures should be preemptively planned and disposed, and in the practical operation the work should be done in accord with the specific situations to ensure security, high efficiency, timely without mistakes to minimize the adverse impact on the surrounding residents.
For the affected civil public facilities, the demolishers should do according to the operation map in the principle of no influence on engineering to eliminate movement. For the movement of affected pipelines, the demolishers should reconstruct before movement in the premise of no influence on residents’ usual life along the line (the residents who need not move included).
9. Rehabilitation Plan for Vulnerable Groups
IN THE AFFECTED AREAS, THERE ARE 10 HOUSEHOLDS LISTING IN THE VULNERABLE GROUPS WITH POOR ECONOMIC SITUATIONS INCLUDING 1 ELDER LIVING BY HIMSELF OR HERSELF, 9 WITH THE DISABLED PERSONS. THE RESETTLEMENT FOR THESE SPECIAL FAMILIES WILL TAKE MORE SPECIAL CONSIDERATION DUE TO SOME RELEVANT POLICIES.
The poor families will get practical and effective living security through Shanghai Social Security Center for Poor Residents and Families. At present, in Shanghai have social security organizations at different levels of neighborhood committees, streets, districts, counties and municipality for living security for poor residents and families in Shanghai. Therefore after moved to new residential areas these residents and peasants affected by this project will be supplied by these organizations with essential living security to ensure that their living standard will not be influenced by the movement. Apart from this, for those who have ability to work among the groups, the social security organizations at all levels provides them employment opportunity in a short time as much as possible to further develop and improve their life. And also among the groups there are 3 elders living by themselves and 2 disabled families. Since they can not act smoothly and low ability of self-tendance, the construction institutions will resettle them in the first floor of new residence for them and the disabled families will be properly resettled then as demand of them.
Public Participation
9. Public Participation Strategy
IN ORDER TO ENSURE THE LEGAL INTERESTS OF APS AND ENTERPRISES, TO DEVELOP RELEVANT POLICIES AND SPECIFICS, TO COMPILE RAP WELL, TO CARRY OUT THE IMPLEMENTATION AND ORGANIZATION EFFICIENTLY, TO DECREASE THE GRIEVANCES AND CONFLICTS, AND TO FULFILL THE OBJECTIVE OF WELL RELOCATING THE APS, SPECIAL ATTENTION WILL BE PAID TO PARTICIPATION AND CONSULTATION OF THE APS COMPATIBLY WITH PROJECT RECONSTRUCTION NATURE ACCORDING TO STATE, MUNICIPAL RELEVANT DEMOLITION RULES AND POLICES. DURING THE RESETTLEMENT POLICY DEVELOPING, PLANNING COMPILING AND IMPLEMENTATION PHASES OF THE PROJECT, THE OPINIONS OF APS ARE COLLECTED WIDELY.
During the project preparing phase--feasibility study phase, the SHUEMPMO has collected opinions and suggestions for resettlement of affected districts (counties), streets, township government, People’s Congress, Political Consultant Committee, people’s groups, APs and affected enterprises and institutions.
From September to November 2004, SHUEPMO has organized staffs to carry out the survey on house conditions and preliminary survey on socio-economic conditions due to different sub-projects in affected areas. The relevant representatives of resettlers has participated in the survey to put forward some opinions about project programs, demolition compensation and resettlement, which will be taken into account during compiling of RAP.
SHUEPMO has also heard opinions on land acquisition and house demolition from residents and affected enterprises and institutions, comprehensive negotiations accompanied. At the same time, the surveys on socio-economy and public opinions and psychology have also been done. In the process of socio-economic survey, the resettlement desire and resettlers’ attitude to project have been taken into account. The detailed survey is a foundation of compiling RAP.
Since now, the following processes and methods should be adopted to encourage public participation and negotiation:
(1)DP Representatives Taking Part in the House Demolition and Relocation
APs and affected enterprises and institutions choose their representatives in portion. By cooperating with neighborhood committees, the representatives solicit opinions and collect rational proposals from APs. In addition to these, regular exchange views with APs should be done as well.
Representatives choose to take part in the process of survey for house and its adjoining parts, in confirming compensation standard, in negotiating the agreements on resettlement compensation and rehabilitation, in the construction and distribution of relocation house and so on, so as to reflect the APs’ opinions and benefits, and to ensure the judgment and transparency of the project resettlement.
(2)Owners’ Negotiating with resettlers about resettlement ways.
(3)Discussion Meetings
Representatives from resettlers, house-demolished enterprises and institutions, shopkeeper of house-demolished shops, women (women should be more than 30% of all representatives) are organized to take part in discussion meetings six months before land acquisition and demolition. The meeting will inform them of the process and further obtain their opinions and suggestions.
(4) Public Meetings
The meetings are held 3 months before land acquisition and demolition, mainly to explain relevant policies, laws and regulations, compensation rates, etc. Thus, resettlers can know and prepare for the resettlement earlier.
(5) Propaganda through Media
(6) Making a Land Acquisition and House Demolition Announcement
The main contents are: brief introduction of the project, the demolition scope, resettlement policies (including compensation rate), and organizations responsible for resettlement, scheme of resettlement, rights and obligations of resettlers, grievance and appeals, monitoring and evaluation etc.
(7) RAP Disclosure
Placing the RAP reviewed by the World Bank in SHUEPMO and districts’ or counties’ libraries before the World Bank appraises the Project, propagate the notice in local newspapers so that APs and Non governmental Organizations can look it up.
（8）Information Handbook of Affected Persons
Main contents of resettlement are compiled as information handbook of Affected Persons, which should be put out to resettlers after project was evaluated before the movement. Main contents of information handbook of Affected Persons are general situation of project, project effects, compensation policy, implementing agency and appeal channel and etc.
10. Public Opinions Survey
IN ORDER TO ADVOCATE THE PROJECT AND FIND OUT THE PUBLIC OPINION ABOUT THE PROJECT CONSTRUCTION AND RESETTLEMENT, THE PMO CONDUCTED AN INVESTIGATION ON PUBLIC OPINION AND SUGGESTION IN NOVEMBER 2004, TO COLLECT THE FURTHER INFORMATION FROM THE APS AND RELEVANT VILLAGES AND VILLAGER TEAMS BEFORE COMPILING THIS RAP. THE SURVEY RESULT SHOWS: 91% INTERVIEWEE KNOW OF THE PROJECT, 9% NOT KNOW MUCH OR UNCLEAR AT ALL; 88% AGREE ON THE PROJECT CONSTRUCTION, AND 10% DON’T CARE; 90% AND 82% THINK IT BENEFIT FOR THE STATE AND COLLECTIVITY RESPECTIVELY, 88% THINK IT GOOD FOR INDIVIDUALS; THOSE WHO THINK ENVIRONMENTAL POLLUTION (OR SHORT OF WATER) WILL RESULT IN ECONOMIC LOSS ACCOUNTS FOR 85%, TO EFFECT ON LIFE QUALITY ACCOUNTING FOR 89%, TO INFLUENCE THE INVESTMENT ENVIRONMENT TAKING 81%, TO DEGRADE THE CITY IMAGE OCCUPYING 80%; 96% BLAME THE BAD ENVIRONMENT (OR SHORTAGE OF WATER) TO TAKE SERIOUS OR MUCH SERIOUS IMPACT ON LIFE AND WORK; 100% INTERVIEWEES APPRAISE THE PROJECT WILL AMELIORATE THEIR LIFE ENVIRONMENT; 82% DON’T THINK THE PROJECT CONSTRUCTION WILL DISADVANTAGE THEM; 92% KNOW OR KNOW OF THE COMPENSATION POLICIES FOR RESETTLEMENT AND DEMOLITION ; DURING THE DEMOLITION, IF THE LEGAL RIGHT IS VIOLATED, 98% WILL APPEAL TO PROPER INSTITUTES.
11. Public Participation Process and Policies Disclosure
IN THE PROCESS OF RAP COMPILATION, THE SUPERVISION DEPARTMENTS, IMPLEMENTATION INSTITUTIONS AND DESIGN DEPARTMENTS OF LAND ACQUISITION AND DEMOLITION FOR EACH SUB-PROJECT PUBLICIZE THE RESETTLEMENT POLICIES IN MANY WAYS WITH MANY CHANNELS, AND DETAILS IN TABLE 7.1. THE APS OF THE REJECT PARTICIPATED IN ALL THE PROCESSES OF RAP COMPILATION, AND DETAILS IN TABLE 7.2.
Table 7.1 Policy Publication Process
|Item |Document |Publication Means and used |Publication |Publicized Site and Telephone|
| | |Language |Date |Number |
|Closure and movement |Shanghai policies on land |Chinese， |2004.11 |Colligation Section of |
|Project for Sanlin |access selling methods and|Wenhui Newspaper | |Shanghai Civil Environment |
|Garbage Ground |etc | | |and Hygienic Bureau |
| | | | |021－62899029 |
| |Compensation and |Chinese，Wenhui Newspaper |2004.11 |Colligation Section of |
| |resettlement plan for | | |Shanghai Civil Environment |
| |Closure and movement | | |and Hygienic Bureau |
| |Project for Sanlin | | |021－62899029 |
| |Garbage Ground | | | |
|The Second Waterworks |Introduction of project |Chinese，Wenhui Newspaper |2004.12 |No. 3755 Chunsheng Road, |
|Depth Treatment Project|engineering | | |Shanghai Waterworks Minghang |
|in Minhang | | | |Co. Ltd |
| | | | |Tel: 54156988 |
| |General introduction of |Chinese，Wenhui Newspaper |2004.12 |No. 3755 Chunsheng Road, |
| |land acquisition and house| | |Shanghai Waterworks Minghang |
| |demolition of the project | | |Co. Ltd |
| | | | |Tel: 54156988 |
| |Notice of Publicizing RAP |Chinese |2004.12 and |No. 3755 Chunsheng Road, |
| | | |after |Shanghai Waterworks Minghang |
| | | |approved by |Co. Ltd |
| | | |WB |Tel: 54156988 |
| |RAP report |Chinese， |2005.1 and |PMO, library |
| | | |after | |
| | | |approved by | |
| | | |WB | |
|Changqiao Waterworks |1.Project situation |Briefing |2005.1. | |
|Reconstruction Project | | | |No. 464 Jiangxi Middle Road, |
|of Southern City | | | |Shanghai Waterworks Souhtern |
|Waterworks | | | |Co. Ltd, Tel: 63215577 |
| |2.situation of land |Briefing | |No. 464 Jiangxi Middle Road, |
| |acquisition and house | |2005.1 |Shanghai Waterworks Souhtern |
| |demolition | | |Co. Ltd, Tel: 63215577 |
| |3.Publication of RAP |Report |2005.1 |No. 464 Jiangxi Middle Road, |
| |report | | |Shanghai Waterworks Souhtern |
| | | | |Co. Ltd, Tel: 63215577 |
| |4.Publication in WB |Report |2005.1 |.com |
| |5.Remedy while |Report |.2005.12 |No. 464 Jiangxi Middle Road, |
| |implementing | | |Shanghai Waterworks Souhtern |
| | | | |Co. Ltd, Tel: 63215577 |
|West Mainline |Shanghai polices on |Chinese，Shanghai Water |2005.2 |No. 134 Tanjiaqiao Road, |
|Reconstruction Project |demolition |Affairs Website，Liberation | |Shanghai Drainage Co. Ltd, |
| | |Daily | |Tel: 56528200 |
| |Introduction of the |Chinese，Shanghai Water |2005.2 |No. 134 Tanjiaqiao Road, |
| |Project |Affairs Website，Liberation | |Shanghai Drainage Co. Ltd, |
| | |Daily | |Tel: 56528200 |
| |General Introduction of |Chinese，Shanghai Water |2005.2 |No. 134 Tanjiaqiao Road, |
| |demolition information of |Affairs Website，Liberation | |Shanghai Drainage Co. Ltd, |
| |the project |Daily | |Tel: 56528200 |
| |Information Handbook of |Chinese，Shanghai Water |2005.2 |No. 134 Tanjiaqiao Road, |
| |resettlement information |Affairs Website，Liberation | |Shanghai Drainage Co. Ltd, |
| | |Daily | |Tel: 56528200 |
| |Notice of publicizing RAP |Chinese，Shanghai Water |2005.2 |No. 134 Tanjiaqiao Road, |
| | |Affairs Website，Liberation | |Shanghai Drainage Co. Ltd, |
| | |Daily | |Tel: 56528200 |
| |RAP Report |Chinese，Shanghai Water |2005.2 |Shanghai Drainage Co., |
| | |Affairs Website，Shanghai | |District Construction |
| | |Drainage Co., District | |Committee, District Water |
| | |Construction Committee, | |Affairs Bureau |
| | |District Water Affairs Bureau | | |
| | |， | | |
|Chongming Chengqiao |Introduction of project |Chinese，County TV |2004.12 |No. 500 Pudong Nanlu Road, |
|Sewage Treatment |engineering |Station，Wenhui Newspaper | |Shanghai Chengtou Company, |
|Project | | | |Tel: 58885500 |
| |General introduction of |Chinese，County TV |2004.12 |No. 500 Pudong Nanlu Road, |
| |land acquisition and house|Station，Wenhui Newspaper | |Shanghai Chengtou Company, |
| |demolition of the project | | |Tel: 58885500 |
| |Shanghai policies of land |Chinese，County TV |2005.1 |No. 500 Pudong Nanlu Road, |
| |acquisition and house |Station，Wenhui Newspaper | |Shanghai Chengtou Company, |
| |demolition | | |Tel: 58885500 |
| |Information Handbook of |Chinese. Handed out to |2005.1 |No. 500 Pudong Nanlu Road, |
| |resettlement information |resettlers | |Shanghai Chengtou Company, |
| | | | |Tel: 58885500 |
| |Notice of publicizing RAP |Chinese. |2005.1 |No. 500 Pudong Nanlu Road, |
| | | | |Shanghai Chengtou Company, |
| | | | |Tel: 58885500 |
| |RAP Report |Chinese, English. Project |End of |PMO, library |
| | |Owners, Library |2004.12 | |
|Qingpu Huaxin Sewage |Introduction of project |Chinese，Wenhui Newspaper |2004.11 |Village Committee |
|Treatment Pipe Network |engineering | | | |
|Project | | | | |
| |General introduction of |Chinese，Shanghai TV |2004.12 |Village Committee |
| |land acquisition and house|Station，Wenhui Newspaper | | |
| |demolition of the project | | | |
| |Regulations of project |Chinese，Shanghai TV |2004.12 |Village Committee |
| |construction land |Station，Wenhui Newspaper | | |
| |Information Handbook of |Chinese，Handed out to |2004.12 and |Village Committee |
| |resettlement information |resettlers |after | |
| | | |approved by | |
| | | |WB | |
| |Notice of publicizing RAP |Chinese |2004.12 and |Village Committee |
| | | |after | |
| | | |approved by | |
| | | |WB | |
| |RAP Report |Chinese， |2005.1 |People’s Government of Huaxin|
| | | | |Town, Qingpu District, |
| | | | |Shanghai |
| | | | |No.318, Huaxin Street, Huaxin|
| | | | |Town |
| | | | |59791093 |
|Jinshan Garbage |Introduction of project |Chinese， Wenhui Newspaper |200４.12 |No. 500 Pudong Nanlu Road, |
|Collection and |engineering | | |Shanghai Chengtou Company, |
|Transportation System | | | |Tel: 58885500 |
|Project | | | | |
| |General introduction of |Chinese，Wenhui Newspaper |200４.12 |No. 500 Pudong Nanlu Road, |
| |land acquisition and house| | |Shanghai Chengtou Company, |
| |demolition of the project | | |Tel: 58885500 |
| |Shanghai policies of house|Chinese，Shanghai Real Estate |200４.12 |No. 500 Pudong Nanlu Road, |
| |demolition |Information Net | |Shanghai Chengtou Company, |
| | | | |Tel: 58885500 |
| |Information Handbook of |Chinese. Handed out to |200５.1 |Village committee |
| |resettlement information |resettlers | | |
| |Notice of publicizing RAP |Chinese. Wenhui Newspaper |200５.２ |Village committee |
| |RAP Report |Chinese, English. PMO, |200５.２ |PMO, library |
| | |libraries of every districts | | |
| | |and counties | | |
|Linkong Press-plus |Introduction of project |Chinese，Wenhui Newspaper |2004.11 |No. 464 Jiangxi Middle Road, |
|Pumping Station Project|engineering | | |Shanghai Waterworks Souhtern |
|Huaxiang Pumping | | | |Co. Ltd, Tel: 63215577 |
|Station Project | | | | |
|Xujing and Huaxin Water| | | | |
|Supply Pipeline Project| | | | |
| |General introduction of |Chinese，Wenhui Newspaper |2004.12 |No. 464 Jiangxi Middle Road, |
| |land acquisition and house| | |Shanghai Waterworks Souhtern |
| |demolition of the project | | |Co. Ltd, Tel: 63215577 |
| |Shanghai policies of land |Chinese，Wenhui Newspaper |2004.12 |No. 464 Jiangxi Middle Road, |
| |acquisition and house | | |Shanghai Waterworks Souhtern |
| |demolition | | |Co. Ltd, Tel: 63215577 |
| |Information Handbook of |Chinese，Handed out to |2004.12 and |No. 464 Jiangxi Middle Road, |
| |resettlement information |resettlers |after |Shanghai Waterworks Souhtern |
| | | |approved by |Co. Ltd, Tel: 63215577 |
| | | |WB | |
| |Notice of publicizing RAP |Chinese |2004.12 and | No. 464 Jiangxi Middle |
| | | |after |Road, Shanghai Waterworks |
| | | |approved by |Souhtern Co. Ltd, Tel: |
| | | |WB |63215577 |
| |RAP Report |Chinese |2005.1 and |PMO,library |
| | | |after | |
| | | |approved by | |
| | | |WB | |
Table 7.2APs’ Public Participation Process
|Sub-project |Time |Location |Participant |Content |Remarks |
| |September2004 |Sanlin Solid Waste | Leaders and experts |Confirm land scope| |
| | |and Living Dump Plant|from urban Environment | | |
| | |, Songjiang Chenshan |and Hygienic Bureau, | | |
| | |Burying Plant |Sanlin Transaction | | |
| | | |Plant of Solid Waste | | |
| | | |Co., Design Institute | | |
| |November 2004 |Colligation Section |Leaders and |Make know of | |
| | |of Shanghai Civil |resettlement experts |relevant Shanghai | |
| | |Environment and |from Shanghai Civil |‘s polices and | |
| | |Hygienic Bureau, |Environment and |regulations on | |
| | |Shanghai Solid Waste |Hygienic Bureau. |land acquisition | |
| | |Treatment and |Shanghai Bohong |and compensation | |
| | |Management Co. |Engineering and | | |
| | | |Construction Co., Ltd | | |
|West Mainline |November 2004 |PMO, the location of |Staff of PMO, |Resettlement |Project impact |
|Reconstruction | |APs |representatives of |socio-economic |while |
|Project | | |Affected enterprises |survey, project |socio-economic |
|Chongming | | |and institutions |impact area survey|survey |
|Chengqiao Sewage | | | |and practinionary | |
|Treatment Project | | | |survey | |
| |December 2004 |PMO, the location of |Staff of PMO, |Compensation |Preliminary |
| | |Apes |representatives of |policies for |negotiation on |
| | | |Affected enterprises |Resettlement and |compensation |
| | | |and institutions(many |preliminary |policies while |
| | | |times) |Resettlement |preparing RAP |
| | | | |program | |
|Qingpu Huaxin |December 2004 |PMO, the location of |PMO and APs |Compensation |Further |
|Sewage Treatment | |APs | |policies for |negotiation on |
|Plants Project | | | |resettlement and |compensation |
|Jinshan Garbage | | | |Resettlement |policies and |
|Collection and | | | |programs |rehabilitation |
|Transportation | | | | |plan while |
|System Project | | | | |modifying RAP |
| |January 2005 |PMO, the location of |PMO and APs |Specific issues on|Supplementary |
| | |APs | |resettlement |negotiation on |
| | | | |policies and |specific issues |
| | | | |programs |while finalizing|
| | | | | |RAP |
|Linkong Press-plus|August 4th, 2004 |Conference Room of |District Plan Bureau, |Opinion on site | |
|Pumping Station | |Water Affairs Bureau |Design Institute and |selection | |
|Project | | |etc | | |
|Qingpu District | | | | | |
|Huaxiang Pumping | | | | | |
|Station Project | | | | | |
|Qingpu District | | | | | |
|Xujing and Huaxin | | | | | |
|Water Supply | | | | | |
|Pipeline Project | | | | | |
|Closure and | | | | | |
|movement Project | | | | | |
|for Sanlin | | | | | |
|Garbage Ground | | | | | |
|The Second | | | | | |
|Waterworks Depth | | | | | |
|Treatment Project | | | | | |
|in Minhang | | | | | |
|Changqiao | | | | | |
|Waterworks | | | | | |
|Reconstruction | | | | | |
|Project of | | | | | |
|Southern City | | | | | |
|Waterworks | | | | | |
| |August 10th 2004 |Conference Room of |Environment and Science|Environment | |
| | |Water Affairs Bureau |Institute, Shanghai |Assessment, Social| |
| | | |Bohong Engineering and |Assessment | |
| | | |Construction Co., Ltd, | | |
| |August 16th 2004 |PMO |Southern Co. |Perfect project | |
| | | | |proposal | |
| |November 17th 2004 |Changqiao Waterworks |Urban Consulting Co. |Appraise project | |
| | | | |proposal | |
|West Mainline |September |Towns and villages in|Shanghai Urban Drainage|Collect opinion | |
|Reconstruction |2002～October 2004 |the affected areas |Co., Ltd,Shanghai |and perfect | |
|Project | | |Social Science |project proposal | |
| | | |Institute, township | | |
| | | |governments and village| | |
| | | |committees in affected | | |
| | | |areas | | |
|Chongming |October 11th 2004 |Project owners, DMO, |Staff of Project |Resettlement |Project impact |
|Chengqiao Sewage | |House Administrative |owners, affected |socio-economic |while |
|Treatment Project | |Bureau, the location |residents, and the |survey, project |socio-economic |
|Qingpu Huaxin | |of APs |staff of affected |impact area survey|survey |
|Sewage Treatment | | |enterprises and |and practinionary | |
|Plants Project | | |institutes | | |
|Jinshan Garbage | | | | | |
|Collection and | | | | | |
|Transportation | | | | | |
|System Project | | | | | |
| |November 2004 |Project owners, DMO, |Project owners and |Compensation |Preliminary |
| | |House Administrative |PMO(many times), |policies for |negotiation on |
| | |Bureau, the location |Project owners and land|Resettlement and |compensation |
| | |of APs |administrative |preliminary |policies while |
| | | |bureau(many times), |Resettlement |preparing RAP |
| | | |project owners and APs |program | |
| |Late November 2004 |Project owners, the |project owners and APs |Compensation |Further |
| | |location of APs | |policies for |negotiation on |
| | | | |resettlement and |compensation |
| | | | |Resettlement |policies and |
| | | | |programs |rehabilitation |
| | | | | |plan while |
| | | | | |modifying RAP |
| |By December 10th 2004|Project owners, the |project owners and APs |Specific issues on|Supplementary |
| | |location of APs | |resettlement |negotiation on |
| | | | |policies and |specific issues |
| | | | |programs |while finalizing|
| | | | | |RAP |
|Closure and |September 2004 |PMO, Land Acquisition|Staff of PMO, affected |Resettlement |Project impact |
|movement Project | |Affairs Section, |residents and etc |socio-economic |while |
|for Sanlin | |Labor Service Center | |survey, project |socio-economic |
|Garbage Ground | |and the location of | |impact area survey|survey |
|The Second | |APs | |and practinionary | |
|Waterworks Depth | | | | | |
|Treatment Project | | | | | |
|in Minhang | | | | | |
|Changqiao | | | | | |
|Waterworks | | | | | |
|Reconstruction | | | | | |
|Project of | | | | | |
|Southern City | | | | | |
|Waterworks | | | | | |
|West Mainline | | | | | |
|Reconstruction | | | | | |
|Project | | | | | |
| |October 2004 |PMO, Land Acquisition|PMO and LAAS(many |Compensation |Preliminary |
| | |Affairs Section, |times), PMO and |policies for |negotiation on |
| | |Labor Service Center |LSC(many times),PMO and|Resettlement and |compensation |
| | |and the location of |APs |preliminary |policies while |
| | |APs | |Resettlement |preparing RAP |
| | | | |program | |
| |November 2004 |PMO, the location of |PMO and APs |Compensation |Further |
| | |APs | |policies for |negotiation on |
| | | | |resettlement and |compensation |
| | | | |Resettlement |policies and |
| | | | |programs |rehabilitation |
| | | | | |plan while |
| | | | | |modifying RAP |
| |November 2005 |PMO, the location of |PMO and APs |Specific issues on|Supplementary |
| | |APs | |resettlement |negotiation on |
| | | | |policies and |specific issues |
| | | | |programs |while finalizing|
| | | | | |RAP |
|Chongming |September 2004 |PMO, Land Acquisition|Staff of PMO, affected |Resettlement |Project impact |
|Chengqiao Sewage | |Affairs Section, |residents and etc |socio-economic |while |
|Treatment Project | |Labor Service Center | |survey, project |socio-economic |
|Qingpu Huaxin | |and the location of | |impact area survey|survey |
|Sewage Treatment | |APs | |and practinionary | |
|Plants Project | | | | | |
|Jinshan Garbage | | | | | |
|Collection and | | | | | |
|Transportation | | | | | |
|System Project | | | | | |
| |October 2004 |PMO, Land Acquisition|PMO and LAAS(many |Compensation |Preliminary |
| | |Affairs Section, |times), PMO and |policies for |negotiation on |
| | |Labor Service Center |LSC(many times),PMO and|Resettlement and |compensation |
| | |and the location of |APs |preliminary |policies while |
| | |APs | |Resettlement |preparing RAP |
| | | | |program | |
| |November 2004 |PMO, the location of |PMO and APs |Compensation |Further |
| | |APs | |policies for |negotiation on |
| | | | |resettlement and |compensation |
| | | | |Resettlement |policies and |
| | | | |programs |rehabilitation |
| | | | | |plan while |
| | | | | |modifying RAP |
| |November 2005 |PMO, the location of |PMO and APs |Specific issues on|Supplementary |
| | |APs | |resettlement |negotiation on |
| | | | |policies and |specific issues |
| | | | |programs |while finalizing|
| | | | | |RAP |
|Closure and |November 2004 |PMO, Land Acquisition|Staff of PMO, affected |Resettlement |Project impact |
|movement Project | |Affairs Section, |residents and etc |socio-economic |while |
|for Sanlin | |Labor Service Center | |survey, project |socio-economic |
|Garbage Ground | |and the location of | |impact area survey|survey |
| | |APs | |and practinionary | |
| |December 2004 |PMO, Land Acquisition|PMO and LAAS(many |Compensation |Further |
| | |Affairs Section, |times), PMO and |policies for |negotiation on |
| | |Labor Service Center |LSC(many times),PMO and|resettlement and |compensation |
| | |and the location of |APs |Resettlement |policies and |
| | |APs | |programs |rehabilitation |
| | | | | |plan while |
| | | | | |modifying RAP |
| |December 2004 |PMO, the location of |PMO and APs |Specific issues on|Supplementary |
| | |APs | |resettlement |negotiation on |
| | | | |policies and |specific issues |
| | | | |programs |while finalizing|
| | | | | |RAP |
| |January 2005 |PMO, the location of |PMO and APs |Resettlement |Project impact |
| | |APs | |socio-economic |while |
| | | | |survey, project |socio-economic |
| | | | |impact area survey|survey |
| | | | |and practinionary | |
2. Procedures of Appealing
THE PROJECT PAYS SPECIAL ATTENTION TO THE APS PARTICIPATION THROUGHOUT THE PLANNING AND IMPLEMENTATION PROCESS AND SO THE APPEALING MECHANISM HERE TO BE ESTABLISHED. THE PROCEDURES ARE THE FOLLOWING.
AP can make an appeal for any aspect of the resettlement and rehabilitation program including compensation rate.
Procedures for redress of grievances and the appeal process in detail are publicized among the resettlers during participation meetings and in other ways. So that resettlers can realize they have right to appeal to the fullest extent. Meanwhile, strengthen the propaganda through media, and arrange all the opinion and suggestion from various circles to information articles to be viewed and disposed by resettlement institutions at all level in time.
Organizations
1. Relevant Organizations of Resettlement Action
THE DEPARTMENTS RESPONSIBLE FOR PLANNING, IMPLEMENTATION, MANAGEMENT, AND MONITORING OF RESETTLEMENT ACTIVITIES INVOLVED IN SHANGHAI APL WB-FUNDED URBAN ENVIRONMENT PROJECT ARE SHOWN IN TABLE 9.1.
Table 9.1 Table of Shanghai APL Urban Environment Project Organizations
|project |Administrative |Design and Research |Administrative |Implementation of Each|Monitoring Institute |
| |Organizations |Institute |Organization of Each |Sub-project | |
| | | |Sub-project | | |
|The Second Waterworks | |Shanghai Civil Affairs |Shanghai Tap water |Shanghai Tap water |External Monitoring |
|Depth Treatment Project | |Engineer Design and |Minhang Co., Ltd |Minhang Co., Ltd |Institute |
|in Minhang | |Research Institute | | | |
|Changqiao Waterworks | |Shanghai Civil Affairs |Shanghai Waterworks |Infrastructure |Institute |
|Reconstruction Project of| |Engineer Design and |Southern Co., Ltd |Department of Shanghai| |
|Southern City Waterworks | |Research Institute | |Waterworks South Co., | |
| | | | |Ltd, municipal, | |
| | | | |district house and | |
| | | | |land measurement | |
| | | | |center, land | |
| | | | |acquisition affairs | |
| | | | |department, house | |
| | | | |demolition | |
| | | | |implementation | |
| | | | |institutions and | |
| | | | |village, township | |
| | | | |labor service agent | |
|West Mainline | |Shanghai Civil Affairs |Shanghai Urban Sewage |Shanghai Urban |External Monitoring |
|Reconstruction Project | |Engineer Design and |Co., Ltd. |Drainage Co., Ltd, |Institute |
| | |Research Institute | |Putuo Civil Affairs | |
| | | | |Engineer management | |
| | | | |Section, Zhabei | |
| | | | |Displacement Co. | |
|Chongming Chengqiao | |Shanghai Keda Urban |External Independent |Chongming Water |External Monitoring |
|Sewage Treatment Project | |Transportation Design |Institutions |Affairs Construction |Institute |
| | |Institute | |Investment Co., Ltd | |
|Qingpu Huaxin Sewage | |Shanghai Keda Urban |Shanghai Urban |Shanghai Urban |External Independent |
|Treatment Plants Project | |Transportation Design |Construction Investment |Construction |Institutes |
| | |Institute |and Exploitation Head |Investment and | |
| | | |Co. |Exploitation Head Co. | |
|Jinshan Garbage | |Shanghai Hygiene |Shanghai Urban |Shanghai Urban |External Independent |
|Collection and | |Engineering Design |Construction Investment |Construction |Institutes |
|Transportation System | |Institute |and Exploitation Head |Investment and | |
|Project | | |Co. |Exploitation Head Co. | |
|Linkong Press-plus | |Design and Research |Shanghai Tap water Co. |Shanghai Tap water Co.|External Independent |
|Pumping Station Project | |Institute |Southern Branch |Southern Branch |Institutes |
|Qingpu District Huaxiang | | | | | |
|Pumping Station Project | | | | | |
|Qingpu District Xujing | | | | | |
|and Huaxin Water Supply | | | | | |
|Pipeline Project | | | | | |
2. Organizational Chart
[pic]
Chart 9.1 Organizational Chart of SHUEP
3. Organizational Constitution and Responsibilities
1. SHANGHAI APL URBAN ENVIRONMENT LEADERS’ PANEL (LP)
LP IS SET UP BY SHANGHAI DEVELOPMENT AND REFORM COMMITTEE, SHANGHAI CONSTRUCTION AND ADMINISTRATION COMMITTEE, SHANGHAI VITAL PROJECT CONSTRUCTION OFFICE, SHANGHAI URBAN PLANNING AND ADMINISTRATIVE BUREAU, SHANGHAI HOUSE AND LAND RESOURCES ADMINISTRATIVE BUREAU, SHANGHAI WATER AFFAIRS BUREAU AND SHANGHAI MUNICIPAL ENVIRONMENT AND HYGIENE ADMINISTRATIVE BUREAU. IT IS RESPONSIBLE FOR PROJECT LEADING, ORGANIZATION, CORRESPONDENCE, POLICY MAKING, AND CHECK RESETTLEMENT PLAN, CARRYING OUT INTERNAL SUPERVISION AND THEN MAKING DECISIONS FOR THE VITAL ISSUES DURING RESETTLEMENT.
2. Shanghai APL Urban Environment Project Office (SHUEPO)
THE SANGHAI APL URBAN ENVIRONMENT PROJECT OFFICE HAS PLANNED TO BE SET UP BY SHANGHAI DEVELOPMENT AND REFORM COMMITTEE, SHANGHAI CONSTRUCTION AND ADMINISTRATION COMMITTEE, SHANGHAI VITAL PROJECT CONSTRUCTION OFFICE, SHANGHAI URBAN PLANNING AND ADMINISTRATIVE BUREAU, SHANGHAI HOUSE AND LAND RESOURCES ADMINISTRATIVE BUREAU, SHANGHAI WATER AFFAIRS BUREAU AND SHANGHAI MUNICIPAL ENVIRONMENT AND HYGIENE ADMINISTRATIVE STAFF. SHUEPO IS RESPONSIBLE FOR COMPILATION OF RESETTLEMENT PLAN, IMPLEMENTATION MANAGEMENT OF LAND ACQUISITION AND HOUSE DEMOLITION, ORGANIZATION CORRESPONDENCE AND INTERNAL SUPERVISION, GATHERING INTERNAL MONITORING REPORTS TO SUBMIT TO WB.
3. Administrative Institutions for each Sub-projects
THE IMPLEMENTATION INSTITUTIONS OF EACH SUB-PROJECT ARE THE SUB-PROJECT’S OWNERS OR DOMESTIC INVESTORS, WHICH ARE ALL IN THE UNITED LEADERSHIP OF SHUEPO AND RESPONSIBLE FOR EACH PROJECT’S CONSTRUCTION AND MANAGEMENT. DETAILS CAN BE SEEN IN TABLE 10.1 AND THEIR MAIN RESPONSIBILITIES ARE: ENTRUSTS THE DESIGN INSTITUTE TO DEFINE THE SCOPE OF AREA IMPACTS
• Conducts socioeconomic survey
• Applies for Land Usage Planning and Construction Permission License from Urban Land Planning Bureau
• Organizes and coordinate the compilation of RAP
• Conducts the policies of RAP
• Confirm and coordinate the implementation of resettlement plan according to project construction schedule
• Allocates resettlement funds and supervise the utilization of fund
• Directs, coordinates and supervises the proceedings of RAP
• Organizes and carries out internal monitoring, determines which institution will carry out external monitoring and coordinate external monitoring activities
• Reviews monitoring reports
• Coordinates to resolve the conflicts and issues encountered in the implementation of RAP
• Submits reports on progress of land acquisition, house demolition, utilization o f funds and the quality of implementation to the World Bank regularly
4. Implementation and Management Institution of Each Sub-project
SOME OF THE INSTITUTIONS ARE THE MANAGEMENT INSTITUTIONS THEMSELVES SUCH AS WEST MAINLINE SUB-PROJECT, AND SOME ARE AUTHORIZED ENTERPRISES SUCH AS CHONGMING CHENGQIAO SEWAGE TREATMENT PLANTS SUB-PROJECT, AND ALSO SOME OF THE ADMINISTRATIVE INSTITUTIONS ENTRUSTS PROFESSIONAL INSTITUTIONS OF LAND ACQUISITION AND HOUSE DEMOLITION. THE DETAILS OF EACH SUB-PROJECT CAN BE SEEN IN TABLE 10.1.
• Conducts socioeconomic survey
• Carries out survey and register materials for land requisition and demolition
• Organizes public participation and relevant activities
• Consultation resettlement scheme, participate in compilation of RAP
• Carries out house demolition regulations
• Prepares relevant documents and submits them to House Demolition and Renewal Office for house demolition Permission License
• Propagates Demolition Notice by House Demolition and Renewal Office
• Carries out relevant State regulations for land used for project
• According to relevant policies, makes resettlement schemes and compensation rate and submits them for approval
• Goes through formalities for land and house acquisition
• Applies for Land Usage Planning and Construction Permission License
• Carries out RAP
• Signs compensation agreements with resettlers and PAUs along with relevant district and county
• Reviews of resettlement activities undertaken
• Conducts information management of land acquisition, house demolition and rehabilitation
• Trains staff
• Assists to resolve issues raised for resettlement
• Punishes the people with illegal actions in administrative way or other ways
• Deals with demolition bother and appealing by coordinate or in administrative way
• Reports to SXUIRPLG about the land acquisition, house demolition and rehabilitation
5. Design and Research Institute (DRI)
• MINIMIZES THE PROJECT EFFECTS THROUGH OPTIMUM DESIGN
• Defines the scope of land acquisition and house demolition
6. External Monitoring Institution (EMI)
AS AN INDEPENDENT MONITORING INSTITUTION, EMI WILL SUPERVISE ALL ASPECTS OF RAP AND THE IMPLEMENTATION OF IT AND THEN SUBMIT INDEPENDENT MONITORING AND EVALUATION REPORTS TO LP, PMO AND WORLD BANK.
4. Organizational Qualification and Staffing
THE RESETTLEMENT INSTITUTIONS INVOLVED IN THE PROJECT ARE WELL STAFFED AND HIGHLY QUALIFIED. THE NUMBER OF REGULAR STAFF IS 20; .THE NUMBER OF STAFF AT PEAK IS 44. TABLE 9.2 SHOWS DETAILS OF THE STAFFING OF THE RESETTLEMENT INSTITUTION INVOLVED IN THE PROJECT. TABLE 9.3 SHOWS DETAILS AND CONTACTING WAYS OF THE PRINCIPAL OF THE RESETTLEMENT INSTITUTION INVOLVED IN THE PROJECT.
Table 9.2 Staffing of the Resettlement Institution Involved in Each Sub-Project
|Sub-Project |Qty of |Professional |Staff and Majors |Facility |
| |Resettlement |Workers | | |
| |Institutions | | | |
|Closure and movement |8 |10 |Government administrative staff, |Fixed office, computer |
|Project for Sanlin | | |project management staff, land |management, business |
|Garbage Ground | | |administrative staff, construction |cars and etc |
| | | |section officials, project design | |
| | | |staff, consultants, resettlement | |
| | | |experts of many majors | |
|The Second Waterworks |5 |9 |Government administrative staff, |Fixed office, computer |
|Depth Treatment Project in| | |project management staff, land |management, business |
|Minhang | | |administrative staff, construction |cars and etc |
| | | |section officials, project design | |
| | | |staff, consultants, resettlement | |
| | | |experts of many majors | |
|Changqiao Waterworks |8 |12 |Government administrative staff, |Fixed office, computer |
|Reconstruction Project of | | |project management staff, land |management, business |
|Southern City Waterworks | | |administrative staff, construction |cars and etc |
| | | |section officials, project design | |
| | | |staff, consultants, resettlement | |
| | | |experts of many majors | |
|West Mainline |6 |10 |Government administrative staff, |Fixed office, computer |
|Reconstruction Project | | |project management staff, land |management, business |
| | | |administrative staff, construction |cars and etc |
| | | |section officials, project design | |
| | | |staff, consultants, resettlement | |
| | | |experts of many majors | |
|Chongming Chengqiao Sewage|5 |10 |Government administrative staff, |Fixed office, computer |
|Treatment Project | | |project management staff, land |management, business |
| | | |administrative staff, construction |cars and etc |
| | | |section officials, project design | |
| | | |staff, consultants, resettlement | |
| | | |experts of many majors | |
|Qingpu Huaxin Sewage |8 |10 |Government administrative staff, |Fixed office, computer |
|Treatment Plants Project | | |project management staff, land |management, business |
| | | |administrative staff, construction |cars and etc |
| | | |section officials, project design | |
| | | |staff, consultants, resettlement | |
| | | |experts of many majors | |
|Jinshan Garbage Collection|9 |10 |Government administrative staff, |Fixed office, computer |
|and Transportation System | | |project management staff, land |management, business |
|Project | | |administrative staff, construction |cars and etc |
| | | |section officials, project design | |
| | | |staff, consultants, resettlement | |
| | | |experts of many majors | |
|Linkong Press-plus Pumping|7 |10 |Government administrative staff, |Fixed office, computer |
|Station Project | | |project management staff, land |management, business |
|Qingpu District Huaxiang | | |administrative staff, construction |cars and etc |
|Pumping Station Project | | |section officials, project design | |
|Qingpu District Xujing and| | |staff, consultants, resettlement | |
|Huaxin Water Supply | | |experts of many majors | |
|Pipeline Project | | | | |
Table 9.3 Specific Implementation Institution of Each Sub-project
|Sub-projects |Implementation Institution |Principal |Telephone |
|Closure and movement Project |Shanghai Solid Waste Management Co. |Guo Baojian |62473288 |
|for Sanlin Garbage Ground |and Sanlin Transaction Management | | |
| |Office | | |
|The Second Waterworks Depth |Shanghai Waterworks Minhang Co., Ltd. |Wu Enquan |54153681 |
|Treatment Project in Minhang | | | |
|Changqiao Waterworks |Infrastructure Department of Shanghai |Shao Gang |63296760 |
|Reconstruction Project of |Waterworks South Co., Ltd, municipal, | | |
|Southern City Waterworks |district house and land measurement | | |
| |center, land acquisition affairs | | |
| |department, house demolition | | |
| |implementation institutions and | | |
| |village, township labor service agent | | |
|West Mainline Reconstruction |Shanghai Urban Drainage Co., Ltd. |Ma Derong |56528200 |
|Project | | | |
|Chongming Chengqiao Sewage |Chongming Water Affairs Construction |Ma Xing |58885500 |
|Treatment Project |Investment Co., Ltd. | | |
|Qingpu Huaxin Sewage Treatment |Shanghai Urban Construction Investment|Ma Xing |58885500 |
|Plants Project |and Exploitation Head Co. | | |
|Jinshan Garbage Collection and |Shanghai Urban Construction Investment|Ma Xing |58885500 |
|Transportation System Project |and Exploitation Head Co. | | |
|Linkong Press-plus Pumping |Shanghai Waterworks Southern Co. |Tang Zhijian |63219351 |
|Station Project | | | |
|Qingpu District Huaxiang | | | |
|Pumping Station Project | | | |
|Qingpu District Xujing and | | | |
|Huaxin Water Supply Pipeline | | | |
|Project | | | |
5. Measures for Strengthening Organizational Capability
EACH SUB-PROJECT PAYS MUCH ATTENTION TO ORGANIZATIONAL CAPABILITY BUILDING AND TAKES SOME MEASURES FOR THIS SUCH AS:
In December 2004, PMO had trained staff which would do the demolition and resettlement work. They studied the OP4.12 of the World Bank, relevant demolition regulations, the theory and methods of socioeconomic survey and etc.
Before implementation, PMO will organize some training for the staff. They will know OP4.12 of the World Bank, the regulations of land acquisition and demolition, analysis of cases, simulate practice, cost control and resource allocation to increase their professional abilities and those of policy treatment.
During Implementation, PMO plans to organize the main staffs who undertake resettlement to learn, to inspect domestic WB funded projects, to participate in training on resettlement policies and other professional training. Meanwhile, to increase the successful employment rate of APs, PMO will irregularly organize them to have training on all kinds of professional skills.
λ To ensure that funds and equipment can be got in time to increase the efficiency
λ To divide the work properly, and establish and improve the system of rewarding or punishing the staff of carrying out land acquisition and demolition to encourage their initiative.
λ To establish a demolition and resettlement information management system. With the help of that, to manage the data of land acquisition and demolition, to strengthen information feedback, and ensure that each department is well informed. Important problems will be discussed and decided by the leading group of the project.
λ To strengthen report system and internal monitoring, and solve the problems promptly.
To strengthen the independent monitoring and evaluation. The independent monitoring and evaluation institution should report promptly to relevant department about the problems and provide suggestions to solve them.
3. Schedule of Implementation
1. RESETTLEMENT JOINT WITH CONSTRUCTION OF THE PROJECT
ACCORDING TO THE SCHEDULE, THE PROJECT IS TO BE BUILT FROM 2005 TO 2008 AT FOUR STAGES. THE SCHEDULE FOR RESETTLEMENT GOES WITH THE SCHEDULE OF EACH SUB PROJECT. LAND ACQUISITION AND DEMOLITION, RESETTLEMENT ARE PLANNED TO BEGIN IN JANUARY 2005 AND END IN DECEMBER 2008. THE PRINCIPLES OF CONNECTING THE PROJECT CONSTRUCTION WITH THE LAND ACQUISITION, AND RESETTLEMENT ARE AS THE FOLLOWING:
To finish the work of land acquisition and relocation one month before project begins. The time to start the project will be decided according to land acquisition, relocation, resettlement and rehabilitation.
To reserve enough time for the land acquisition, relocation, resettlement and rehabilitation before the start of the project construction.
1. Key Tasks for Permanent and Temporary Land Occupation and resettlement
THE PROJECT HAS 8 SUB-PROJECTS INVOLVING PERMANENT LAND OCCUPATION, THEY ARE:：
• L acquisition and resettlement of the Second Waterworks Depth Treatment Project in Minhang
• acquisition and resettlement of Changqiao Waterworks Reconstruction Project
• acquisition and resettlement of Huaxiang Dumping Station Project
• acquisition and resettlement of Linkong Press-plus Pumping Station Project
• acquisition and resettlement of West Mainline Reconstruction Project
• acquisition and resettlement of Chongming Chengqiao Sewage Treatment Project
• acquisition and resettlement of Qingpu Huaxin Sewage Treatment Project
• acquisition and resettlement of Jinshan Garbage Collection and Transportation System Project
• and temporary land occupation and transport management while paving pipelines for sewage treatment plants.
2. Key Tasks for Residential Houses Relocation
⑴ ACCORDING TO DOCUMENT OF APPROVAL FOR THE PROJECT CONSTRUCTION AND LAND USING PERMISSION, INFORM THE CONSTRUCTION SCOPE OF THE PROJECT TO POLICE SECURITY, HOUSING MANAGEMENT DEPARTMENT, URBAN CONSTRUCTION DEPARTMENT, INDUSTRY AND BUSINESS ADMINISTRATIVE DEPARTMENT, NEIGHBOR COMMITTEE OFFICE, AND FREEZE RESIDENTS’ REGISTERED RESIDENT WITHIN SCOPE OF THE PROJECT IMPACT, AT THE SAME TIME, STOP GOING THROUGH ALL VARIOUS KINDS OF FORMALITIES WITHIN CONSTRUCTION SCOPE OF THE PROJECT, SUCH AS: CONSTRUCTION LICENSE, HOUSING REBUILDING, HOUSE PROPERTY EXCHANGE, EXCHANGE OF HOUSES ACCESS, RENTAL OF HOUSES, AND ETC.
⑵ According to frozen registered resident and population and data of property right provided by housing management department, organize staffs to investigate frozen households and check them up on field, that include amount of households and population, character of housing property right, housing structure, housing area and attachments on land, etc..
⑶ In accordance with documents of approval for the project construction, sanctified the project planning scheme, investigation results and building layout of housing to be dismantled, resettlement plan, and relative permission documents of land use for the project construction, apply for housing demolition to city department in charge of housing relocation.
⑷ Publicize housing relocation plan, policy for housing relocation, working procedure, drawing of housing allocation, resettlement plan, compensation standards and scope of housing demolition, duration of housing demolition, use purpose of land occupied, and accept participation and supervision of the public.
⑸ Within duration of housing relocation, sign written agreement of compensation and allocation with APs to be resettled about compensation form and funds, area of housing relocation, location of allocation, form and duration of temporary transition, etc., and popularize the resettlement policy as to remove smoothly.
⑹ After APs’ removal is finished, both sides will sign supplement agreement in accordance with order of removal of APs and payment of funds, to determine story level, facing direction and number of houses allocated. In addition, agreement of housing relocation should be revised by department in charge of housing relocation and be notarized by notarization department.
⑺ APs move into the new houses.
3. Key Tasks for Enterprises and Institutions Relocation
⑴ ACCORDING TO DOCUMENT OF APPROVAL FOR THE PROJECT CONSTRUCTION AND LAND USING PERMISSION, INFORM THE CONSTRUCTION SCOPE OF THE PROJECT TO POLICE SECURITY, HOUSING MANAGEMENT DEPARTMENT, URBAN CONSTRUCTION DEPARTMENT, INDUSTRY AND BUSINESS ADMINISTRATIVE DEPARTMENT, NEIGHBOR COMMITTEE OFFICE, AT THE SAME TIME, STOP GOING THROUGH ALL VARIOUS KINDS OF FORMALITIES WITHIN CONSTRUCTION SCOPE OF THE PROJECT, SUCH AS: CONSTRUCTION LICENSE, INDUSTRY AND BUSINESS PERMISSION LICENSE, HOUSING REBUILDING, HOUSE PROPERTY EXCHANGE, EXCHANGE OF USE RIGHT OF HOUSES AND RENTAL OF HOUSES, ETC.
⑵ According to data of property right provided by production department, organize staffs to investigate frozen collective and institution units and check them up on field, that include amount of units, total staffs, character of housing property right, housing structure, housing area, large-scale production facilities, annual production value, annual profit and average annual income per worker, etc..
⑶ In accordance with documents of approval for the project construction, sanctified the project planning scheme, investigation results and building layout of housing to be dismantled, resettlement plan, and relative permission documents of land use for the project construction, apply for housing demolition to city department in charge of housing relocation.
⑷ Publicize housing relocation plan, policy for housing relocation, working procedure, drawing of housing allocation, resettlement plan, compensation standards and scope of housing demolition, duration of housing demolition, use purpose of land occupied, and accept participation and supervision of the public.
⑸ Within duration of housing relocation, sign written agreement of compensation and allocation with the owners about compensation form and funds, area of housing relocation, location of allocation, form and duration of temporary transition, etc., and popularize the resettlement policy as to remove smoothly.
⑹ The collective and institution units rebuild or purchase new houses.
⑺The collective and institution units move into new houses.
2. Schedule for Key Tasks in Resettlement Implementation
1. THE PRINCIPLES FOR MAKING SCHEDULE OF ACQUISITION AND RESETTLEMENT
TO DETERMINE THE FINAL SCOPE OF LAND ACQUISITION ACCORDING TO EVERY SUB-PROJECT DESIGN DRAWING, AND TO FINISH THE DETERMINATION BEFORE THE CENSUS AND PROPERTY SURVEY FOR THE LAND ACQUISITION.
To calculate the result of census and property survey for the land acquisition according to the red line drawings of land acquisition and relocation. It will be done by both DROP and the owners before the agreements for compensation and resettlement are signed.
To have a mobilization meeting, which should be presided over by DROP? The Demolition Department should promulgate the policies and ways of land acquisition, relocation, compensation, and resettlement methods. APs should attend the mobilization meeting. The meeting will be held before they sign the agreements for compensation and resettlement. And formal announcements of land acquisition and relocation will be released after the mobilization meeting.
To sign the agreements of compensation and resettlement after the census and property survey and the release of the formal announcement of land acquisition and relocation.
To dispense transition funds to residents during their transitional period. And it should be dealt out before they start to move.
To try to arrange resettlement field for enterprises in advance, and to avoid or reduce the losses of closing down caused by relocation. For those who have to close down, the compensation should be dealt out before relocation.
To construct new infrastructures in advance and then demolish the old ones.
To settle accounts and deal out compensation after the assignment, and before the relocation.
Confirm the resettlement work to satisfy demolished households.
According to the procedure of land acquisition and house demolition, resettlement preparation and implementation activities of the project, formulate that for each sub-projects...
2. Overall Schedule of Land Acquisition and Resettlement
THE OVERALL PROJECT HAS BEEN DIVIDED INTO FOUR PHASES FROM FEBRUARY 2005 TO DECEMBER 2008, AND THEREFORE THE MAIN PLAN OF LAND ACQUISITION AND RESETTLEMENT SHOULD BE COMPLETED FROM JANUARY 2005 TO DECEMBER 2008. THE SPECIFIC IMPLEMENTATION TIME AND CORRESPONDING CONTENT ARE SHOWN INCHART 10.1
[pic]
Chart 10.1 Schedules of Project Implementatin and Resettlement
Among it, the resettlement implementation for each sub-project is shown in the following:
1. Overall Procedure of resettlement and Closure and Movement Project for Sanlin Garbage Ground
ACCORDING TO THE PROCEDURE, CLOSURE AND MOVEMENT PROJECT FOR SANLING GARBAGE GROUND WILL BE COMPLETED FROM IN STAGES FEBRUARY 2005 TO DECEMBER 2008.THE LAND ACQUISITION PROCEDURES WILL JOIN WITH PROJECT CONSTRUCTION PLAN AND THE LAND ACQUISITION PLAN WILL BEGIN IN FEBRUARY 2005 AND END IN DECEMBER 2008.
2. Shanghai Minhang Second Waterworks Depth Treatment Project
THE LAND ACQUISITION AND HOUSE DEMOLITION OF THE PROJECT IS PLANNED TO FINISH IN HALF A YEAR, BEGINNING FROM OCTOBER 2004 AND ENDING IN APRIL 2005.
3. Changqiao Waterworks Reconstruction Project of Shanghai Tap Water Southern Co., Ltd
4. WEST MAINLINE RECONSTRUCTION PROJECT
ACCORDING TO THE PROCEDURE, THE PROJECT WILL BE COMPLETED IN STAGES FROM THE LATE HALF OF 2005 TO JUNE 2008. THE LAND ACQUISITION AND HOUSE DEMOLITION SHOULD BE FINISHED 3 MONTHS BEFORE LAND USE OF THE PROJECT AND THE BEGINNING TIME SHOULD BE DETERMINED BY LAND ACQUISITION AND HOUSE DEMOLITION AND RESETTLEMENT.
5. Chongming Chengqiao Sewage Treatment Plants Project
THE LAND ACQUISITION AND HOUSE DEMOLITION OF THE PROJECT IS PLANNED TO BE FINISHED IN 7 MONTHS, BEGINNING FROM FEBRUARY 2005 AND ENDING IN FEBRUARY 2005.
6. Qingpu Huaxin Sewage Treatment Plants Project
THE LAND ACQUISITION AND HOUSE DEMOLITION OF THE PROJECT IS PLANNED TO BE FINISHED IN 7 MONTHS, BEGINNING FROM FEBRUARY 2005 AND ENDING IN APRIL 2006.
7. Jinshan Garbage Collection and Transportation System Construction Project
THE LAND ACQUISITION AND HOUSE DEMOLITION OF THE PROJECT IS PLANNED TO BE FINISHED IN 7 MONTHS, BEGINNING FROM FEBRUARY 2005 AND ENDING IN JUNE 2006.
8. Linkong Press-plus Pumping Station Project ,Qingpu District Huaxiang Pumping Station Project Qingpu District, Xujing and Huaxin Water Supply Pipeline Project
FOR THIS PROJECT, THE WORK SHOULD BEGIN IN JANUARY 2005 AND END IN DECEMBER 2005, THE LAND ACQUISITION PROCEDURES WILL JOIN WITH PROJECT CONSTRUCTION PLAN AND THE LAND ACQUISITION PLAN WILL BEGIN IN NOVEMBER 2004 AND END IN JANUARY 2008.
4. COST AND BUDGET
1. COST
THE GENERAL BUDGET OF THIS PROJECT INCLUDES LAND COMPENSATION FEE, COMPENSATION FEE FOR REMOVED RURAL RESIDENTS, THAT FOR AFFECTED ENTERPRISES, THAT FOR AFFECTED SHOPS AND THAT FOR AFFECTED INFRASTRUCTURE AMONG WHICH THE REGULATIONS AND TAXES CAN BE CALCULATED AS FOLLOWS: IMPLEMENTING ADMINISTRATIVE FEE IS FIGURED OUT 2.5% OF THE LAST 4 FEES, TECHNICAL TRAINING FEE IS 1.5%, AND THE UNEXPECTED FEE IS 10% AND MONITORING AND SUPERVISION FEE IS 2% OF THE LAST 8 FEES.
The overall of the resettlement is 1190 million Yuan including 246916 thousandYuan as compensation for land acquisition, accounting for 20.75%, 316217 thousand Yuan as compensation for the rural residents demolition, accounting for 26.58%, 395605 thousand Yuan as compensation for the affected enterprises, accounting for 33.25 %, 600 thousandYuan as compensation for the affected shops, accounting for 0.05 %. The overall cost is included in the whole project cost. The overall budget for each sub-project can be seen in Table11.1 Overall Budget of Resettlement in SHUEP. The specific budget of each sub-project can be seen in Appendix 4.
Table11.1 Overall Budget of Resettlement in SHUEP
Unit:ten thousand Yuan
|Item |Chongming |Closure |Jinshan Garbage |The Second |Qingpu |Changqiao |Huaxiang |West Mainline |Total |
| |Chengqiao |and |Collection and |Waterworks |Huaxin |Waterworks |Pumping |Reconstruction |Cost(ten |
| |Sewage |Movement |Transportation |Depth |Sewage |Reconstruction |Station, |Project |thousand |
| |Treatment |Project |System |Treatment in |Treatment |Project(Phase I) |Linkong | |Yuan） |
| |Plant |for Sanlin|Construction |Minhang |Plant | |Pumping | | |
| |Project |Garbage |Project | |Project | |Station, | | |
| | |Ground | | | | |Xujing and | | |
| | | | | | | |Huaxin Water | | |
| | | | | | | |Supply | | |
| | | | | | | |Pipelines | | |
| | | | | | | |Project | | |
|1.corn and grain land |46.6 | |27.5 | |10.4 |0.0 |30.7 | | |
|2.non-agricultural | | | |225.0 | | | |1519.5 | |
|construction land | | | | | | | | | |
|3.non-planting land |77.0 | | | | |306.0 | |565.9 | |
|pensation for | | |2.5 | |0.9 | |2.8 | | |
|green seeding of corn | | | | | | | | | |
|and grain and | | | | | | | | | |
|5.resettlement subsidy|546.0 | |94.5 | |115.5 | |819.0 | | |
|B.temporary and |103.0 | |18.9 |43.2 |479.4 | |1631.0 |2320.6 | |
|acquisition | | | | | | | | | |
|C state land transfer |1929.2 | | |279.4 | | |1584.6 |11912.4 | |
|in charge | | | | | | | | | |
|Part II:Compensation |1043.3 | | | | |10561.5 | |20017.0 |31621.7 |
|for rural house | | | | | | | | | |
|demolition | | | | | | | | | |
|1.brick and beton | | | | | |9095.3 | |5686.8 | |
|2.brick and wood |841.6 | | | | | | |10926.6 | |
|3.simple | | | | | | | |1596.3 | |
|B.movement subsidy |3.2 | | | | |24.6 | |45.1 | |
|C.movement prize |65.8 | | | | |409.7 | |239.4 | |
|pensation for |131.5 | | | | |1024.3 | |1501.8 | |
|decoration | | | | | | | | | |
|E.telephone movement |0.2 | | | | |1.4 | |4.0 | |
|F.air-conditioner |0.6 | | | | |3.8 | |10.6 | |
|installation and | | | | | | | | | |
|uninstallation | | | | | | | | | |
|G. Cable TV movement |0.4 | | | | |2.3 | |6.4 | |
|Part III:Compensation | |496.0 | | | |15713.8 |64.2 |23286.5 |39560.5 |
|for Enterprise | | | | | | | | | |
|Demolition | | | | | | | | | |
|1.framed house | | | | | |9668.3 | | | |
|2.brick and beton | | | | | |2537.3 | |8236.2 | |
|3.brick and wood | | | | | | | |971.6 | |
|4.simple | | | | | | | |132.5 | |
|pensation for | | | | | | | |6211.9 | |
|enterprise land | | | | | | | | | |
|acquisition | | | | | | | | | |
|C.loss of production | | | | | |701.7 | |1546.9 | |
|cease | | | | | | | | | |
|pensation for | | | | | |2806.6 | |6187.4 | |
|movement | | | | | | | | | |
|pensation for | |496.0 | | | | |64.2 | | |
|others | | | | | | | | | |
|Part IV:compensation | | | | | |60.0 | | |60.0 |
|for shop demolition | | | | | | | | | |
|Part VI:other fees |788.8 |96.7 |101.7 |137.3 |235.0 |5533.6 |1246.4 |12241.3 |20053.2 |
|B.training fee |59.1 |7.4 |2.2 |9.8 |10.9 |425.7 |72.3 |921.7 | |
|C.unexpected fee |393.9 |49.6 |14.3 |65.0 |72.6 |2837.7 |482.3 |6144.8 | |
|D.design fee.勘测 |137.9 |17.4 |5.0 |22.8 |25.4 |993.2 |168.8 |2150.7 | |
|E.External Monitoring |78.8 |9.9 |2.9 |13.0 |14.5 |567.5 |96.5 |1229.0 | |
|and Evaluation Fee | | | | | | | | | |
|F.planting land tax | | |13.8 | |5.2 |0.0 |15.4 | | |
|G.Land relaim fee | | |57.4 | |21.6 |0.0 |64.0 | | |
|H.land convert fee |20.7 | |2.6 |10.5 |66.6 | |226.5 |259.0 | |
|Total |4727.5 |592.7 |245.2 |
|Permanent land |Affected villages |Where land is occupied, the compensation should be paid due to the previous use of the land. |Compensation for corn and grain land 12000Yuan/mu |
|acquisition |and teams |The compensation includes land compensation, resettlement subsidy and compensation for ground |Compensation for vegetable land28000Yuan/mu |
| | |attachment and green seeding. The land compensation is authorized to the rural collective | |
| | |economic organizations | |
| | |The resettlement subsidy should be used for the special labor resettlement without other use | |
| | |The time of annual production for land compensation and resettlement subsidy should be confirmed | |
| | |in the legal scope in the principle of no decrease of peasants’ living standard before land | |
| | |acquisition | |
| | |If the compensation and resettlement fee calculated at the price of universal annual production | |
| | |can not keep the previous living standard or pay for the social security fees for the landless | |
| | |peasants as land acquisition, | |
| | |The time should be increased after approved by Shanghai Municipality; if 30 times of total amount| |
| | |of the compensation and resettlement subsidy still can not keep the previous living standard, the| |
| | |subsidy should be allocated in portion from the state land transfer benefit in the universal | |
| | |arrangement of Shanghai People’s Municipality. | |
| |Affected rural |gain compensation for green seeding and labor resettlement subsidy |Compensation for green seeding on vegetable land 2540Yuan/mu |
| |household |get the choice of retirement resettlement |Compensation for green seeding on corn and grain land1080Yuan/mu |
| |Resettlement |For the agricultural populations, mainly there are two ways of assimilation resettlement (for |Resettlement subsidy for every resettled person is105000Yuan，if no need of |
| |population |labors of land acquisition) and retirement resettlement(for retirement persons of land |arrangement of villages or teams and the retirement resettlement should be |
| | |acquisition).the former ’s objects are those labors who have formal labor ability and whose age |handed out to the individual directly and convert to one-off payment. Since |
| | |is 16 to 55 years old for the male and 16 to 45 years old for the female, while the latter’s |the next month of payment, every month, 332Yuan can be got. |
| | |objects are those whose age is 55 years old above for the male and 45 years old above for the | |
| | |female. | |
| | |After they get resettlement subsidy, the labors can arrange their own livelihood, going on with | |
| | |their current occupation, or taking over other occupations as development fund. | |
| | |The demolishers should entrust labor service agents to training and resettlement with cost paid | |
| | |by the demolisher. | |
| | |The labors of land acquisition should be given priority in recruitment. If no fulfillment in 12 | |
| | |months, the living expense should be allocated due to Shanghai retirement pension of land | |
| | |acquisition | |
| | |The resettlement subsidy provided by land occupiers to retirement persons should pay for land | |
| | |acquisition retirement pension | |
| | |Since the next month of retirement fee paid, living expense can be received and medical service | |
| | |can be written off | |
| | |Those persons land occupied which have been checked as entire loss of labor by city labor ability| |
| | |appraisal agents can be got involved in the retirement and can retire earlier. | |
|State land |Land property |After getting planning and construction license from city or district, the project construction |In the Project, the transfer price of the state land occupied by Chongming |
|transfer in |owner(transferor） |organization can negotiate with the demolished organizations about the state land access transfer|Sewage Treatment Plant is 360 thousandyuan/mu, that of the land occupied by |
|charge | |with appraisal of land evaluation organization with certain qualification. The price in the |The Second Waterworks Depth Treatment Project is 375 thousandyuan/mu, that |
| | |budget is that negotiated with the endorsers while compiling RAP. |occupied by Huaxiang, Linkong Pumping Station is 264.1*ten thousandyuan/mu |
| | | |and that occupied by West Mainline Project is 3600 thousandyuan/mu. |
|Temporary land |Land property owner|Only non-planting land is occupied and compensation should be given due to occupation term and |0.3Yuan/m2·day |
|acquisition | |loss. After the demolishers compensate to the property owners in the principle of reconstruction,| |
| | |the property owners should restore and reconstruct. | |
|Rural resident |Property owner |1) Resettlement ways for demolition and resettlement. It can adopt currency compensation exchange|Take proper adjustment complied with the lowest level compensation unit price|
|or peasants’ | |of house property rights in the same compensation amount(value-standard house exchange later) and|for demolished houses announced annually by the Land Management Bureau. |
|house | |the house property rights exchange inter-location on the basis of house’ construction acreage can|Due to the policies carried out in the Project the demolished rural houses of|
|demolition | |be adopted without difference in resettled acreage(acreage-standard house exchange later). |Changqiao Waterworks Reconstruction Project includes: |
| | |Where the demolished attachment is uses for non-commonweal enterprises, there is no house | |
| | |exchange and the currency compensation should be paid by the demolisher. The resettlement way is |Chongming: brick and wood, 3200yuan/m2 |
| | |selected by the demolished and house renters due to some regulations. Where house is exchanged, |Changqiao, brick and beton, 4440yuan/m2; |
| | |the demolisher should provide two or more resettlement houses audited by district or county house|West mainline, brick and beton, 5050yuan/m2; brick and wood, 4850yuan/m2; |
| | |and land administrative bureaus for the demolished and house renters to select. |simple structure, 4250yuan/m2; |
| | | |Other Compensation: |
| | |(2) Currency compensation amount of residential houses. As for the residential houses demolition,|Compensating of movement：10Yuan/m2；movement prize in |
| | |the currency compensation amount should be confirmed in the principle of reconstruction, |advance；2000-16000Yuan/hh（due to movement time），compensation for |
| | |calculated due to the evaluated unit price of the demolished house in real estate market and the |decoration: at the replacement cost, evaluated by the evaluation institution |
| | |construction acreage of the demolished houses. The market unit price of the demolished houses is | |
| | |that of real estate market, if the latter is lower than the minimum compensation unit price, the | |
| | |compensation should be calculated at the minimum unit price[15] and its currency compensation | |
| | |formula is: the real estate market unit price of the demolished houses + price subsidy)×the | |
| | |construction acreage of the demolished houses.. | |
| | | | |
| | |（3）acreage-standard house exchange. Due to the demolished house acreage, the certain acreage | |
| | |should be resettled with plus of the cent age | |
| | |（4）relevant fees including movement subsidy for demolished residential houses. The demolishers | |
| | |should pay to the demolished the movement subsidy, facility movement fee and temporary | |
| | |resettlement subsidy during transition. | |
|Enterprise’s |Enterprise |SAll the enterprise houses should be compensated at the market price(land price included) The |After negotiation with enterprises, the compensation for house demolition in |
|house | |loss of business and production cease and equipment movement fee should be made up. During the |Changqiao Waterworks Reconstruction Project includes that for land |
|demolition | |movement the staff in enterprises and shops will get no loss of rights and interests including |acquisition of the enterprises; while in the West Mainline Reconstruction |
| | |wage, medical and social insurance, dividend and bonus and etc and thus the staff will never lose|Project the government is responsible for provision enterprise land in the |
| | |jobs since movement. The temporary workers who have been informed 3 months before should get free|industrial park for the moved enterprises and thus the compensation for |
| | |information to find new jobs as soon as possible. |enterprises’ house demolition excludes that for land acquisition. All the |
| | | |compensation prices are the average and the average compensation for house |
| | | |demolition and construction is the following: |
| | | |Changqiao Waterworks Reconstruction Project |
| | | |House compensation（Yuan/M2）：framework 4600，brick and beton3600 ，brick |
| | | |and wood3200，smile 640 |
| | | |Loss of production and business cease（Yuan/M2）250[16] |
| | | |Facility movement（Yuan/enterprise）1000[17] |
| | | | |
| | | |West Mainline Reconstruction Project |
| | | |House compensation（Yuan/M2）：brick and beton1600，brick and wood |
| | | |1200，simple640 |
| | | |Compensation for loss of production cease（Yuan/M2）250[18] |
| | | |Facility movement（Yuan/enterprise）1000[19] |
|Shop demolition|Property owner |The property right owner of renting shops should be compensated due to house compensation rate |Changqiao Waterworks Reconstruction Project |
| | |(including land price). The loss of business cease of the tenant should be made up as 250 |Compensation rate (yuan/m2): |
| | |yuan/m2. The person with business licence should be given 100000 yuan for each household as |Framwork: brick and beton: 4400;; brick and wood: 36000; |
| | |one-off when taking the extra cost for licence and business into account. In the condition of |Loss for business cease(yuan/m2): 250 |
| | |being informed 1 month before, the shop renters can have enough time to find other shops for | |
| | |business. In addition to provision of rent information, the executive agency will inform the |West Mainline Reconstruction Project |
| | |affected temporary workers 3 months in advance as well as free information for new jobs as soon |Compensation rate (yuan/m2): |
| | |as possible. |Framwork: brick and beton:5050;; brick and wood: 4850; |
| | |The demolition organization should inform 3 monthes in advance and provide the rent information |Loss for business cease(yuan/m2): 250 |
| | |of shops in the same acreage and in the same areas for them to look for proper houses to keep | |
| | |usual business with compensation for movement. | |
|Vulnerable | |Besides the corresponding policies above, the affected vulnerable groups can also get some other | |
|groups | |favorable policies such as: | |
| | |(1) If cheap-rent house is demolished, the demolisher should give priority to acreage-standard | |
| | |house exchange and derate properly the house fund of the exceeding part. | |
| | |(2) If the demolished is lonely elder, disabled, or orphan, the acreage-standard house exchange | |
| | |should take reference to the last article. | |
| | |(3) The labor force in the vulnerable families should be given occupation training with | |
| | |employment information and instruction to create employment opportunity. | |
| | |(4) During the implementation, the works with low technical requisition should be provided prior | |
| | |to the young ones of the vulnerable families. | |
| | |(5) The organization which is responsible for demolition and movement should try best to help and| |
| | |support the movement of the vulnerable families. | |
|Temporary |Property owner |Get compensation for construction |Compensation in negotiation |
|building | | | |
|demolition | | | |
|Ground |Property owner |Compensated to project owner to property owner |All compensated at replacement cost |
|attachment and | | | |
|public facility| | | |
Appendix１ Resettlement Policy and Program of Huaxin Sewage Treatment Plants Project
THE PROJECT IS INVESTED TO CONSTRUCT BY ZHUHAI URBAN DRAINAGE CO., LTD. THE SCALE OF THE PROJECT IS 15 THOUSAND M3/D(SHORT-TERM) WITH TOTAL INVESTMENT OF 29500 THOUSAND YUAN. IT IS PLANNED TO BE 2 YEARS FROM 2005 TO 2006.
The plant is selected to locate in the center of Huaxin Downtown, to the south Suhu Highway, the west of Xintongpo Pool, the east of Fanghuang Highway occupying a collective land of 78mu. At present it is planting land and fishery pool without rural residents’ house or enterprises buildings.
The city of Shanghai has main wind direction of southeast and the planned sewage treatment plant is to be surrounded a large number of virescence and roads of civil affairs (between the plant wall and Xintongpo Pool there is a virescence of 100m in width, between the wall and Suhu Highway and Fanghuang Highway there is a virescence of 20m in width) to separate the production area from the surroundings thus to emitted air and noises will have no effect on the surroundings.
The project needs to occupy the 78mu collective land belonging to Maojiaqiao Team, Zhuchang Village, Huaxin Town, and the land is for planting corn and grain without ground attachment. Now Maojiaqiao Team has 160mu planting land, involving 46 households, 180 persons, among which 65 persons are rural population. The average land access is 2.46mu. The project has direct effect on 46 households with 65 persons. And due to the ratio of land to labor, there are 32 rural persons should be resettled for land acquisition.
Currently Zhuchang Village has 550 households with total population of 2070among which agricultural population of 750 persons and totally it has 900mu collective planting land. There are 500 labors in the village and the work frame is: for agriculture 150 persons, for industry 200 persons, for others (including commerce, transportation, and service) 150 persons. In the year of 2003 the overall production is 432800 thousand Yuan, among which 1000 thousandyuan from agriculture, 430000 thousandfrom industry and 1800 thousandyuan. In the frame, the agricultural proportion accounts for 0.23% and the average net income of the villagers is 7000yuan.
The land acquisition and resettlement will be implemented according to the following state and local rules and provisions:
Land Administrative Law of PRC
Shanghai Implementation Methods of Land Administrative Law of PRC
Shanghai Management Methods for Employment and Social Security of the Agricultural Population cause by the Collective Land Acquisition
Approved Reply to modulating Local Compensation Rate by Shanghai Pricing Bureau and Finance Bureau
Notice of the Relevant Issues on Collection Scope and Rate of Land Reclamation by Shanghai House and LAND Administrative Bureau
Notice of Some Issues on Fulfillment Employment and Social Security of those resettled persons by Shanghai Labor and Social Security Bureau
According to the laws and documents above and combined with the specific situations of Maojiaqiao Team, Zhuchang Village, the compensation rates and labor resettlement rates of land acquisition in this project are as follows: for land compensation fee it is 12000yuan/mu, for green seeding it is 1080yuan/mu, and for the labor resettlement the subsidy is 105000yuan/person.
For the labor resettlement lf land acquisition in this project, mainly there are two ways: one is assimilation resettlement (for the labor of land acquisition) and retirement resettlement (for the retirement persons of land acquisition).
Labor Resettlement: After approval of two third villagers, land compensation fee can be used for the welfare of all the villagers, the resettlement subsidy can be allocated to affected labors to continue to take over current careers or else to develop private owned business;
Surrounding the affected villagers there are many enterprises with good profit and they promise to give priority to employ the affected labors;
The land acquisition insititutions are responsible for entrusting the labor service agents to train and resettle, with the cost paid by the institutions;
On the premise of reesettlers desire, those retirement persons male beyond 55 years old and below 60 and female beyond 45 and below 55 can choose to take part in little township social insurance with its resettlement subsidy priority to the insurance. After paying for relevant fees, the resettled can get insurance fee of 508yuan/month.
Those persons land occupied which have been checked as entire loss of labor by city labor ability appraisal agents can be got involved in the retirement and can retire earlier. The term of land acquisition retirement pension should be plus with advanced term.
After signing the resettlement agreement, the land occupiers should fulfill the affected labors in 12 months. While not fulfilling the living expense should be paid referring to the pension of Shanghai urban retirement persons.
The government should establish perfect labor service system to help the APs. Before land acquisition, it should organize to set up related resettlement labor service agents to provide all kinds of employment channels for them such as free open talent market and free training of professional technology and etc.
Retirement Resettlement: The resettlement subsidy provided by land occupiers to retirement persons should pay for land acquisition retirement pension.
The retirement pension consists of living expense, medical fee, subsidy and the like with term of 15 years for male and 20 years for female.
The retirement persons can get living expense and write off medical fee since the next month after handing in retirement pension. The persons in retirement resettlement will get retirement pension.
Appendix 2 Resettlement Programs for Sub-projects
CLOSURE AND MOVEMENT PROJECT FOR SANLIN GARBAGE GROUND
THE PROJECT HAS NO LAND ACQUISITION AND DEMOLITION INVOLVED IN AND THERE IS NO NEED OF RAP, ONLY NEED TO COMPENSATE WITH NEGOTIATION FOR THE WASTED MINING TUNNELS OF SHANGHAI JINGFENG INDUSTRIAL CO., LTD.
The Second Waterworks Depth Treatment Project in Minhang
I. PROJECT IMPACT
The project needs to occupy 22.45mu land permanently, 15mu allocated from Shanghai Jiangchuan, Jiatong Investment Management Co., Ltd, and 7.45mu from Shanghai Minchuan Storage and Logistics Co., Ltd.
The affected ground attachment is 1000m2 walls demolished and 20 trees and bushes replanted.
II. Impact Analysis
The land needed to be occupied from Shanghai Jiangchuan Jiatong Investment Management Co., Ltd and Shanghai Minchuan Storage and Logistics Co., Ltd has no constructions or framed constructions and thus there is no directly APs and no need to resettle the employees of the two companies but only need to compensate for the permanent land acquisition, temporary land acquisition and affected ground attachment
III. Resettlement Program
1. Resettlement Program for Permanent Land Acquisition
Because of land acquisition, the project will affect two companies, one of them has bankrupted, and the other one is about grassland without movement and thus compensation should be done. To obey the policies of WB OP4.12 and our state and to realize the objectives of RAP that is : “get resettlers to benefit from the project and increase or restore their living standard, income and production scale at least, especially the most poor groups in the resettlers”，The entrepreneur has formulated the following rehabilitation plan: To properly compensate for the loss of the affected companies. The resettlement for enterprises affected by the project is shown in Table 1
Table 1Resettlement for Enterprises Affected by the Second Waterworks Depth Treatment Project in Minhang
|No. |Enterprise Name |Impacted Item |Resettlement |
|1 |Shanghai Jiangchuan Glass-steel |Land |Economic compensation |
| |Refrigeratory Plant | | |
|2 |Shanghai Minchuan Storage and Logistics |Construction and |Economic compensation，previous institution |
| |Co., Ltd. |grassland |restore after construction |
2. Rehabilitation Plan for Temporary Land Acquisition
The project has no collective land but enterprises and institution’s land involved into temporary land acquisition. After construction, the project owners should restore and clear the ground.
3. Affected Ground Attachments
After compensated by Project owners to property owners, property owners should reconstruct the affected Infrastructure and ground attachment.
The rehabilitation measures to the demolished infrastructures should be preemptively planned and disposed, and in the practical operation the work should be done in accord with the specific situations to ensure security, high efficiency, timely without mistakes to minimize the adverse impact on the surrounding residents.
For the affected trees and bushes needed to be replanted, in the principle of no effect on construction, to minimize replanting and arrange time for planting as properly as possible to ensure the survival rate of replanted trees and bushes at the best extent.
Changqiao Waterworks Reconstruction Project of Southern City Waterworks
I. PROJECT IMPACT
The project needs to occupy 101mu land, locating in the east of Chunshen Pool, in the two sides of planned Pingfu Road to the north of Luoxiu Road. It belongs to Gangkou Village, Huajing Town in Xuhui District and the nature of it is housing base, collective land used for enterprises and state land.
In the land acquisition scopes there are 102 households affected to be demolished and the houses locate in Gangkou Village of Huajing Town in Xuhui District Most of them are two-floored bungalows in brick and beton frame All the houses has not been equipped very well and thus living condition is relatively terrible, and as a result, the village is one of the few rural villages in urban areas. Most of them are property owned houses.
Because of land acquisition of the project, there are 4 enterprises to be moved including 1 foreign-invested enterprise, 3 private enterprises. The land of 3 enterprises among the 4 is collective land of Gangkou Village and it is rented to them with term to 2006. One part of the land is state land and now land access belongs to private enterprise; besides, there are 51 individual shops in the demolished houses, in which 2 house property owners have business license and the others which are rented by outsiders from the house property owners to open along the roads have no license.
The affected infrastructure is mostly road, trees along sideways and all kinds of underground pipelines.
In addition, in the construction scope of the project, there are 6 families in vulnerable groups including 1 poor family, 1 elder living by himself, and 7 disabled persons.
II. Impact Analysis
1. Land acquisition makes them to leave their residence for several generations and to get accustomed to the new living environment.
The residents in the land acquisition scope have been lived here since ancestors and have deep passions for the trees and bushes. Because of construction of the Project, after resettled into the new houses, they will be forced to leave the familiar community with diffused living of relatives causing feelings standing off.
2. Residents’ movement will consume certain manpower and material resources
In the process of movement to new house, decoration, it will cost a great deal of manpower and material resources.
3. House demolition will reduce the living expense source of part of the residents who have house rent income previously.
About 90% of the residents in the land acquisition scopes have utilized houses of the rest to rent to increase income, while the demolition will decrease the part of income.
The houses affected by land acquisition and house demolition of the project mostly locate in Gangkou Village of Huajin Town in Xuhui District. Most of them are two-floored bungalows in brick and beton frame All the houses has not been equipped very well and thus living condition is relatively terrible, resulting in need of later construction for the development. As the block is classified as agricultural production area, modern drainage system is almost zero with narrow paths, low-lying hypsography, and low living conditions and circumstance and therefore the people here all want to move early to improve current living and residential conditions.
These years Shanghai civil construction has been stressed. Every year great deals of residents need to move to new residential areas as township reconstruction and civil construction development with proper compensation and resettlement. Basically the newly resettled residents can be allocated a set of residence in brick and mixture frame due to the living situations before. Even those who have houses of small-acreage will get a set of houses at least due to the relevant favorable policies.
The public facilities in the new residential areas will be set up earlier or at the same time with the residential areas. All of the newly built houses have separate kitchen and hygienic facilities and thus the living condition, living comfort and convenience of displaced residents and peasants will be sharply improved. Therefore the movement caused by project construction will have more optimistic impacts than adverse impacts.
Although the project construction will affect on the residents with land acquisition and house demolition, but in regard to state and WB policies, the economic compensation will be done due to rate. Besides, the project construction will be essential to perfect urban infrastructure construction, to promote urban environment and hygiene level, to harmonize integrated and balanced development of urban construction, to promote living quality, to improve urban living and investment circumstance and to set up Shanghai image as an international metropolis.
III. Resettlement Program
To obey the policies of WB OP4.12 and our state and to realize the objectives of RAP that is: “get resettlers to benefit from the project and increase or restore their living standard, income and production scale at least, especially the poorest groups in the resettlers”, the project entrepreneur formulated the following resettlement program:
1. Resettlement of Demolished Households
(1) Selection of Resettlement Ways
In this demolition of residents’ and peasants’ houses there are two choices: one is market price compensation resettlement (currency allocation of houses before) and the other one is house property exchange resettlement (practionary allocation of houses before).
Market Price Compensation Resettlement
Cash should be given due to compensation rate and the resettlement households buy houses by themselves.
House Property Exchange Resettlement inter-districts
To provide 2 to 3 sites of houses to be selected by the resettlers and the new house will be allocated due to certain standards after previous house will be compensated.
To sum up, in addition to choose the resettlement ways, the demolished resettlers can freely choose the resettlement location, house dimension(subsidy rate should be calculated by difference of the resettlement sites, if above, only certain differential should be paid and if below, compensation should be given).
(2) Selection of Resettlement Sites
Currently Shanghai house demolition can be compensated in cash, and also exchange house property rights in the same compensation amount(value-standard house exchange later);where the residential houses are demolished, the house property rights exchange inter-location on the basis of house’ construction acreage can be adopted without difference in resettled acreage. Therefore, the entrepreneur has carried out several surveys, collecting demolished household’s opinion and combined with overall situations of the affected households. Thus some commodity houses in low or middle price are selected to provide to demolished residents and their scopes are Pujiang Town of Minhang District, Sanlin Town of Pudong New District, Zhoupu Town of Nanhui District, Jiangqiao Town of Jiading District and other residential areas in other districts.
The demolished residents can choose different resettlement programs and resettlement sites at their own will or due to their working places. In construction the institution should supply the housing information above and assistance as well.
(3). House Construction, Infrastructure, Social Service in the Resettlement Sites
Due to survey, presently the house purchasers have psychological expectation of 3000-5000yuan/m2 to the unit price and correspondingly the overall expense to be 300 thousand to 600 thousandyuan. In another word, what the most popular about the house among the people in Shanghai are the commodity houses of 400 thousand Yuan around overall expense, about 100m2 construction acreage at 4000yuan around unit price. For this, several periods ago Shanghai Municipality has also stated that since this year Shanghai will provide commodity houses of 3000 thousandm2 in 3500yuan/m2 which belongs to be low and middle price every year including the houses attached to the construction. And also these kinds of houses will be invested more with the market sales emphasis on the houses in unit price of 5000yuan/m2 below. In general every year 30 thousand residents will be resettled. All the houses provided by the project are those with low profit with elegant design, perfect facilities, resulting in ideal residential areas for the modern people.
House Property Exchange Resettlement inter-location
Sanlin Town of Pudong New District
The residential area locates in Sanlin Town which is in the southeast part of Pudong New district, east to Chuntang River and the frontier of Sanlin Town, south to Huaxia West Road, west to Pusan Road and north to Nanxin Community with the total acreage of 132.91 ha. It is planned to construct 900 thousandm2 several-floored and high-floored houses.
In reference to the design model of Yuanlang Integrated Commercial District in Hongkong it will be completed in 2006, optimistically organizing public facilities of commerce, public transport, culture, entertainment, leisure, bank, post office, and telecommunication in intensive equipped and all the attached will be constructed at the pace of residential houses.
Pujiang Town of Minhang District
The newly-built community locates in the southeast of Pujiang downtown in Minhang, east to Puxing Highway, south to Shenzhuang Pool, west to Pujin Road and north to Huannan River with the total acreage of 151.3 ha, connecting with urban areas through Puxing Highway and Railway Cross.
The whole architecture is a large-scaled residential community in the style of modern Italy and its overall construction acreage is 1120 thousandm2, planning to resettle 25 thousand persons. The evanescence will cover more than 40%, among which 87*ten thousandm2 is for residential houses, 25 thousandm2 is for public infrastructure and commercial attachment. The first set of 300 thousand will be planned to be delivered for use by the end of 2005.
The community will be attached with callan activity center, entertainment center, kindergarten, school of 9-yeared conformity and Shibo Theme park and the like.
Jiangqiao Town of Jiading District
Huning Super Expressway, Huning Railway, Huhang Railway and 312 National Highway cross the township and Outcircle, Suzhou River, Jiading Super Expressway in plan wind here, forming the comprehensive transport network of Jiangqiao. The town is 5km far from the Shanghai Railway Station and 8 minutes by vehicles to Hongqiao Airport.
Zhoupu Town of Nanhui Disrict:
Shenzhu Highway is the artery to the south gate of Pudong International Airport; if there is a private car, leaving from township to Huangpu River through Sizuo Bridge will cost 10 minutes at least and 20 minutes at best; through township going to the urban areas and subway exit, there are 20 around public transporting lines for selecting.
Gucun Town of Baoshan District
National First-class Highway crosses the township in two rows and 3 lines and in the downtown the Outcircle of 8.9km will connect Gucun to the main harbors, airports, docks in Shanghai, only in need of 40 minutes by car to get there and to Hongqiao Airport it only costs 20 minutes.
The newly-provided houses in low and middle price and in total acreage of 3000 thousandm2 is compact, headed with set of one bedding-room and one living-room in 50 m2 and set of two bedding-rooms and one living-room in 70 m2. The living function is comprehensive but the unit price for the whole house is only about 200 thousand to 300 thousandyuan.Apart from this, the surrounding railways and high artery will be convenient for transport; the entire facilities of schools, hospital, marketplaces, entertainment centers will meet the daily living demand of residents. Although the price level is quite so low, the design and living standard are not low either, which is construction strictly in the requirement of “four-high” that is plan in high point, design in high level, construct in high quality and manage in high standard.
Situations of Commodity House Exploitation Bases
After compensated, those residents who have chose market price resettlement can purchase commodity houses in the market. As for the commodity house construction, it should be approved preemptively by Shanghai Planning Department and the corresponding attached facilities and public infrastructure should be constructed at the same time, and among them public transport is the first factor considered and others such as supermarket, shops, schools and kindergarten follow. And therefore those residents having chosen currency resettlement will have no terrible in daily life after they purchased the houses. Besides, before purchase in form, the residents themselves will check the surrounding environment and construction of attached facilities of the residential areas.
Apart from the newly-built houses, the demolished residents can selectively choose the second-hand houses in lower price in the same area and the current price is 5000-6000yuan／m2.
Insurance Measures
The demolition of the project has gathered many resettlers to a new residential area, causing much effect on the indigenous residents including both adverse side such as crowded transport, increase of schooling children, increase of employment demand and etc and positive side such as advanced ideas and productive skills brought by some of the resettled to promote the production development and to develop commerce and strength purchasing power of the resettlement sites.
In order to minimize the adverse impact, before project construction the entrepreneur contacted the local government and neighborhood committee of the resettlement sites for several times and establish contacting channels with the new residents to get familiar with the root organizations at district level of the new resettlement site. In this way, when the residents meet with problems they can find the organizations or institutions that can settle for them. At the same time, then entrepreneur tired to enlarge resident’s service of the local community such as schools, shops and etc to ensure that both the indigenous and new-coming residents can live sound life without worries.
The minimum living security institution alleviates the hardship of life for the urban vulnerable groups. Those employees and residents who have no rural identity with 295yuan monthly income below can apply for minimum security (MS). Besides of currency security, Shanghai will gradually strengthen the favorable policy to the objects of MS to ensure that they can improve their living through their own hardwork to reduce poverty finally. For instance, those objects who have ability to take over community service can freely utilize the community service facilities invested by the government. The objects who have working ability and those who have a special skill will be organized to open a enterprise on small scale or workshops and etc; for the urban families with minimum income, according to Low-rent Housing Administrative Methods for Urban Families with low income announced by Construction Department, Finance Department, Civil Affairs Department, State Land Administration Department and National Head Revenue recently, Shanghai will soon take the method in which handing out subsidy for house rent mostly and practionary compounded with rent, decrease of rent with check auxiliarily to reduce the burden of the poor urban families.
The disabled can get an introduction letter from Shanghai Handicapped Employment Management Center and then they can take part in the training of techniques freely provided by Labor and Employment Training Center. If the disabled take over private business, they can have some favorable policies. Meanwhile, those who have no force or no supporters can draw 100yuan/person/month as living subsidy.
Besides, in the whole movement process, the institutions that are responsible for movement and demolition will provide complete assistance, such as:
Before movement, to make know of resettlers’ requirement and meet their needs as much as possible;
During movement, to contact with movement vehicles to assist move;
After movement, further to make know of resettlers’ residence comfort and existing difficulties as well to resolve them in time.
2. Resettlement of Enterprises and Institutions
（1）Enterprises
The project owners should compensate for the loss of the affected enterprises and the resettlement program of compensation is shown in Table 7.2. Including the following:
－ to provide other business location for the affected enterprises such as collective resettlement in the industrial parks;
—economic loss caused by cease of production and work in the enterprises;
—to properly compensate for the damage on the facilities and equipments in the movement of the enterprises;
—to pay individual business owners compensation cash and compensation for movement and dispose business locations for them as much as possible.
（2）Shops(Family shops included)
Shops property owners whose shops are demolished can be compensated due to the cost of local shops which will be a little higher than average residence and they can purchase similar shops to go on with business.
In the condition of notice to the shop renters one month in advance, they have enough time to find another shop for business. The entrepreneur will provide rent information for their movement and pay the cease subsidy while the shops are stopped and moved. Shop resettlement can be seen in Table2
Table 2Resettlement Situation of the Enterprises Affected by Changqiao Waterworks Reconstruction Phase I
|Enterprise Name |Impacted Items |Resettlement |
|Shanghai Gangkou |Land acquisition, and demolition |Economic compensation. |
|Industrial Co., |of the workshops rented to | |
|Ltd(Gangkou Village) |Shanghai Bettersalesman Culture | |
| |Co., Ltd., Shanghai Jade Rabbit | |
| |Hygienic Wares Plant and | |
| |Shanghai Shun’an Fireproof | |
| |Engineering Co., Ltd | |
|Shanghai Juxin Real Estate|Current stock for temporary piling|Economic compensation or negotiated with Planning |
|Co., Ltd上 |of sundries, but the place planned|Bureau to exchange land |
| |to construct commodity houses | |
| |should be demolished | |
|Shanghai Bettersalesman |Relief of rent contract and then |Relief of rent contract and then select another place |
|Culture Co., Ltd. |select another place for business |for business |
|Shanghai Jade Rabbit |Relief of rent contract and then |Relief of rent contract and then select another place |
|Hygienic Wares Plant |select another place for business |for busines |
|Shanghai Shun’an FireProof|Relief of rent contract and then |Relief of rent contract and then select another place |
|Engineering Co., Ltd |select another place for business |for business |
|51 Shops |Demolition of current business |Economic compensation，and providing rent information |
| |location | |
（3）Resettlement of vulnerable groups
The minimum living security institution alleviates the hardship of life for the urban vulnerable groups. Those employees and residents who have no rural identity with 295yuan monthly income below can apply for minimum security (MS). Besides of currency security, Shanghai will gradually strengthen the favorable policy to the objects of MS to ensure that they can improve their living through their own labor to reduce poverty finally. For instance, those objects who have ability to take over community service can freely utilize the community service facilities invested by the government. The objects who have working ability and those who have a special skill will be organized to open a enterprise on small scale or workshops and etc; for the urban families with minimum income, according to Low-rent Housing Administrative Methods for Urban Families with low income announced by Construction Department, Finance Department, Civil Affairs Department, State Land Administration Department and National Head Revenue recently, Shanghai will soon take the method in which handing out subsidy for house rent mostly and practionary compounded with rent, decrease of rent with check auxiliarily to reduce the burden of the poor urban families.
The disabled can get an introduction letter from Shanghai Handicapped Employment Management Center and then they can take part in the training of techniques freely provided by Labor and Employment Training Center. If the disabled take over private business, they can have some favorable policies. Meanwhile, those who have no force or no supporters can draw 100yuan/person/month as living subsidy.
（4）Affected Infrastructure and Ground Attachments
The affected infrastructure affected by the project is mostly roads and trees along the sideways and all kinds of underground pipelines. Before the construction, the owners should be compensated, during the construction; protection should be given to those public facilities that can not be moved and after the construction, the rehabilitation of the roads and sideways should be well-done.
West Mainline Reconstruction Project
I. PROJECT IMPACT
the land acquisition and house demolition of the project involves in the following areas: Ganquan Street of Putuo District, Miaotou, Tangnan and Xingfu of Pengpu Town in Zhabei District, Kangjia, Yeqiao and Changbei of Baoshan District, Shengzhai,Xingxing and Huzhuang of Gucun Town in Baoshan District, Dahuan, Beizong,Changchun of Gucun Town, Tianping of Luodian Town, Maosheng,Qinfeng,Duanjing,Shengxing,Shenjiaqiao and natural village of Xinfeng in Yuepu Town.
The project needs to occupy 22063 m2 state lands errantly, involving in Ganquan Street of Putuo District, Miaotou and Xingfu of Pengpu Town in Zhabei District, Changbei of Miaoxing Town and Xinfeng of Yuepu Town in Baoshan District. Because of this, there are 98 affected households with 392 APs.
The project will occupy 170408 m2 rural collective land involving in Miaotou,Tangnan and Xingfu of Pengpu Town in Zhabei District, Kangjia,Yeqiao and Changbei of Miaoxing Town in Baoshan District, Shengzhai,Xingxing,Huzhuang of Gucun Town, Dahuang, Beizong and Changchun of Gucun Town, Tianping of Luodian, Maosheng,Qinfeng,Duanjing,Shengxing,Shenjiaqiao and natural village of Xinfeng of Yuepu Town. There are 82 affected households with 320 APs.
The demolition goes to the 86 households’private houses with 362APs in Miaotou,Tangnan and Xingfu of Pengpu Town in Zhabei District, Kangjia,Yeqiao and Changbei of Miaoxing Town in Baoshan District, Shengzhai,Xingxing,Huzhuang of Gucun Town, Dahuang, Beizong and Changchun of Gucun Town, Tianping of Luodian, Maosheng,Qinfeng,Duanjing,Shengxing,Shenjiaqiao and natural village of Xinfeng of Yuepu Town.
There are 11 types of ground attachment affected by the project.
II. Impact Analysis
Most of the houses affected by the land acquisition and house demoliton of the project locate in suburban joint part and they are those with property by peasants’ self-construction. They are mostly brick-and-wooden framed and a few brick-and-mixed. Inner the houses, it lacks hygienic facilites, let along channel coal gas that urban residents use. Since location in suburban areas, the commerce net nearby is not perfect and public facilities such as hospitals, schools, post and telcommunication are far from home resulting in that the residents are not very convenient in daily life. Although the living acreage is much higher, amounting to average 40m2,than that of urban residents, the frame of the houses is relatively simpler and even in some places the houses is nearly shed or simple houses with terrible surroundings.
In the principle of allocation nearby, the demolished residents and peasants will be resettled in the new public houses invested and exploited by real estate Co., near to their previous residence. Compared to the previous living condition, all kinds of facilities such as water, electricity, coal, cable TV, telephone set are all equipped with rapid improvement and tremendous development of living standard. The public attachment in the residential area such as kindergarten, nursery, schools, hospitals and etc will be completed for use before the area completion and thus the Affected Persons will live as usual after moved in. Demolition will benefit to their new life of convenience and comfort.
Due to the principal of house allocation, the west mainline reconstruction project adopts public house allocation, currency house allocation, compensation in cash for resettlement.
III. Resettlement Program
1. Selection of Demolition and Resettlement
There are many ways for the demolished and resettled residents to choose. Apart from public house allocation in observance of some regulations, as their demand the resettlers can choose different residential areas, different dimensions of living acreage , can accept the public houses provided by the entrepreneurs and can buy commodity house. The specific resettlement ways are the following three for selection:
Public house allocation: the project entrepreneurs will provide current houses in 2-3 resettlement sites for resettled families to choose. After the previous houses are compensated, the new houses will be allocated due to standard.
Currency house allocation: the project entrepreneurs will convert into cash in a certain amount due to compensation rate and then the resettled families will purchase houses themselves in Shanghai commodity houses market due to their own situations and demand.
Compensation in cash：The project entrepreneurs will pay in cash for the resettled families to use at their own will.
2. Assistance to Movement
In the whole movement process, the institutions that are responsible for movement and demolition will provide complete assistance, such as :
Before movement, to make know of resettlers’ requirement and meet their needs as much as possible;
During movement, to contact with movement vehicles to assist move;
After movement, further to make know of resettlers’ residence comfort and existing difficulties as well to resolve them in time.
3. Selection of Resettlement Sites
As for the resettlement sits for the residents and peasants affected by the project, Shanghai Drainage Co., Ltd has carried out surveys in many sits and found out that since the construction site locates in the joint part of urban and rural areas, there are few who belong to entire township identity, the average living acreage is relatively larger and the land resources affected by the project is little, the resettlement programs of on-spot or inter-site demolition and construction can not be carried out and therefore due to overall situation of affected residents with repeated contrast and in the principle of resettlement nearby, the following housing sources has been chosen to resettle resettlers.
Baoshan District: residential area in planned-constructed Central Village in Yangbei Village of Yangxing Town
Zhabei District: Shengshi Homestead in Pengpu Town.
4. General Condition of Resettlement Areas
Baoshan District: residential area in planned-constructed Central Village in Yangbei Village of Yangxing Town
The residential area was started to construct in 2004 and will be completed in 2006,occupying about 200mu. And it locates in the west of Yunchuan Road and the south of Fujin Road.
Apart from this, Yuepu Town is planning to construct Qing’an Residential Area which occupies 300mu around, which will be delivered for use in 2006 and which locates in the north of Jiao Circleline, the east of Yunchuan Road, and the east of Yangsheng River.
Zhabei District: Shengshi Homestead in Pengpu Town
The residents affected by project demolition in Zhabei Project will be resettled in Shengshi Homestead which locates to the west of Gaoping Road, the south of Jiaocheng Road and the east of Hutai Branch Road with planned acreage of 200 thousandm2. Now the residential area has been started to construct with elegant design, uniformed functions, beautiful circumstance and perfect management.
[pic][pic]
Figure 7-1 Layout Map and Current Situation of Resettlement Site
5 Consideration of Vulnerable Groups
In the process of project construction and after resettlement of land acquisition and house demolition the vulnerable groups affected by the project will get help and consideration and especially the proper consideration of the favorable polices such as housing, employment and etc, For instance:
The project entrepreneur institutions will try their best to help and support the families of vulnerable groups such as resettling them in the first floor for convenience of in and out and etc; for vulnerable groups, apart from consideration in movement including proving vehicles and labors for assistance, the favorable treatment such as dismissing rent fee or logistics management fee for a period after the movement due to different situations and difficulty degree.
To provide as much as possible to be higher or not lower at least than their living standard before. The institutions will try best to help and support the family movement of vulnerable groups.
6. Affected Infrastructure and Ground attachment
After compensated by Project owners to property owners, property owners should reconstruct the affected Infrastructure and ground attachment.
Chongming Chengqiao Sewage Treatment Project
I. IMPACT ANALYSIS
The project construction needs to occupy 51.64mu,38.8 mu planting land included. Calculated due to the ratio of land to labor of Team 10 and 11, there is a need to resettle 52 persons as assimilation and retirement resettlement.
II. Resettlement Program
1. Resettlement Program for Land Acquisition
For the APs of farmland acquisition, and in the principle of on-spot resettlement, the assimilation and retirement plan will be co-confirmed by construction administrative departments of the project and township government. The plan consists of:
First compensation and second security (paid compensation, provided retirement security, medical security and socially supported after retirement)
Self-making ways out, compensated in cash, provided employee training and recommended to enterprises or institutions.
Provide retirement pension and medical insurance for the female beyond 45 years old and the male beyond 55.
Through the ways above, that population which loses agricultural income will be basically properly resettled to ensure his income will get no effect. Details can be seen in Table 3
Table 3Specific Measures on Assimilation and Retirement for the APs of Land Acquisition
|District |Pumping Station |Affected |Resettled |Resettlement Measures |
| |Name | |Population | |
| | |Village |Production | |Retirement |Assimilation |Employment Provision |
| | | |Team | | | | |
|Chengqiao Town |Chongming |Jinhai |Team 10 |32 |10 |22 |Due to educational degree,|
|Chongming County|Chengqiao Sewage|Village | | | | |passing pre-position |
| |Plant | | | | | |training, be employed in |
| | | | | | | |Sewage Plant with |
| | | | | | | |corresponding positions. |
| | | |Team 11 |20 |6 |14 | |
| |Total | | |52 |16 |36 | |
2. Resettlement for the Vulnerable Groups
During construction of the project, 2 affected residents has been found out that their average income is lower than 290yuan from the general survey and they will get practical and effective living security through Shanghai Social Security Center for Poor Residents and Families. At present, in Shanghai have social security organizations at different levels of neighborhood committees, streets, districts, counties and municipality for living security for poor residents and families in Shanghai. Therefore after moved to new residential areas these residents and peasants affected by this project will be supplied by these organizations with essential living security to ensure that their living standard will not be influenced by the movement. Apart from this, for those who have ability to work among the groups, the social security organizations at all levels provides them employment opportunity in a short time as much as possible to further develop and improve their life. And also among the groups there are 3 elders living by themselves and 2 disabled families. Since they can not act smoothly and low ability of self-tendance, the construction institutions will resettle them in the first floor of new residence for them and the disabled families will be properly resettled then as demand of them.
3. Security Measures
The government establishes perfect labor service system providing assistance for the affected rural population. Before land acquisition the government organizes and establishes relevant resettlement labor service organizations for resettlers’ employment to provide help in all kinds of channels such as free open of talent market, free training of professional techniques.
4. Resettlement Plan for Temporary Land Acquisition
The sewage pipelines construction of the project will have 2 enterprises involved in tentatively. While paving the pipelines only part of grassland and part of walls of these enterprises will be occupied and demolished respectively without influence on their usual production and business activities. Therefore negotiated with property owners the compensation will be treated in cash. Construction institutions will help restore after construction finished.
Table 4 Resettlement of Demolished Enterprises and Institutions
|Project Name |Institution Name |Degree of Impact |Resettlement Way |
|Pipeline Project |Highway Administrative Agent |Civil paths |Rehabilitation and |
| | | |compensation |
| |Virescence Engineering Co. |Movement of virescence trees and bushes |Replanting and |
| | | |rehabilitation |
5. Affected Infrastructure and Ground Attachments
After compensated by Project owners to property owners, property owners should reconstruct the affected Infrastructure and ground attachment.
The rehabilitation measures to the demolished infrastructures should be preemptively planned and disposed, and in the practical operation the work should be done in accord with the specific situations to ensure security, high efficiency, timely without mistakes to minimize the adverse impact on the surrounding residents.
For the affected civil public facilities, the demolishers should do according to the operation map in the principle of no influence on engineering to eliminate movement. For the movement of affected pipelines, the demolishers should reconstruct before movement in the premise of no influence on residents’ usual life along the line(the residents who need not move included).
6. Resettlement of Peasants’ House Demolition
（1）Selection and Preparation of Resettlement Sites
The houses affected by land acquisition and house demolition of the project mostly locate in Jihad Village of Chengqiao Town in Chongming County. Most of them are one or two-floored bungalows in brick and wooden frame and a few are brick and mixture frame. All the houses has not been equipped very well and thus living condition is relatively terrible, resulting in need of later construction for the development. As the block is classified as agricultural production area, modern drainage system is almost zero with narrow paths, low-lying hypsography, and low living conditions and circumstance and therefore the people here all want to move early to improve current living and residential conditions.
These years the civil construction of Chongming County has been increasingly stressed especially the area of Chengqiao Town. Every year great deals of residents need to move to new residential areas as township reconstruction and civil construction development with proper compensation and resettlement. Basically the newly resettled residents can be allocated a set of residence in brick and mixture frame due to the living situations before. Even those who have houses of small-acreage will get a set of houses at least due to the relevant favorable policies.
The public facilities in the new residential areas will be set up earlier or at the same time with the residential areas. All of the newly-built houses have separate kitchen and hygienic facilities and thus the living condition, living comfort and convenience of displaced residents and peasants will be sharply improved. Therefore the movement caused by project construction will have more optimistic impacts than adverse impacts.
（2）Selection of Resettlement Ways
In this demolition of residents’ and peasants’ houses there are two choices: one is market price compensation resettlement (currency allocation of houses before) and the other one is house property exchange resettlement (practionary allocation of houses before).
House Property Exchange Resettlement inter-districts
To provide 2 to 3 sites of houses to be selected by the resettlers and the new house will be allocated due to certain standards after previous house will be compensated.
Market Price Compensation Resettlement
Cash should be given due to compensation rate and the resettlement households buy houses by themselves.
To sum up, in addition to choose the resettlement ways, the demolished resettlers can freely choose the resettlement location, house dimension(subsidy rate should be calculated by difference of the resettlement sites, if above, only certain differential should be paid and if below, compensation should be given).
（3）Confirming Resettlement Sites
For the resettlement sits of the Project, combined with overall situation of resettlers, the construction institutions collect resettlers’ opinion with repeated contrast and then confirm a few housing sources such as Ganlin Park which lies in the north of Chengqiao Industrial Park and Yixiangju Park which lies in the west of the Park and Mingzhu Park which is the resettlement house in Chongming County.
Table 5 shows the new resettlement sites resettlers’ who choose to take the house property exchange resettlement way.
Table 5List of DP’s Resettlement Sites
|Item |Household |Construction Acreage | |Previous Residence|Resettlement Site |
| |Demolished |demolished |Previous House | | |
| |(Household) |（M2） |Frame | | |
|Chongming Chengqiao Sewage |8 |1320 |Brick and Wooden|Team 10 of Jinhai |Mingzhu Park, Ganlin |
|Treatment Plant | | | |Village |Park,Yixiangju West Park |
| |8 |1310 |Brick and Wooden|Team 11of Jinhai |Mingzhu Park, Ganlin |
| | | | |Village |Park,Yixiangju West Par |
|Total |16 |2630 | | | |
（4）Assistance to Movement
In the whole movement process, the institutions that are responsible for movement and demolition will provide complete assistance, such as :
Before movement, to make know of resettlers’ requirement and meet their needs as much as possible;
During movement, to contact with movement vehicles to assist move;
After movement, further to make know of resettlers’ residence comfort and existing difficulties as well to resolve them in time.
Housing, building, infrastructure and social service in resettlement sites
The resettlement houses provided by the Project are low-profitable which are welcomed by the resettlers. Its modern graceful design and perfect equipments make them to be ideal residence of modern people.
House Property Exchange Resettlement
Residential district of Ganlin Park
The residential community locates in the north extreme of Chengqiao Town of Chongming and it is newly built. The west of the park is the newly-built Daishan Road in planning and the east is Sanshahong Road with quite convenient transport for the park. Nearby there are middle schools, primary schools, nursery and kindergarten and etc. Because of being nearby to the old downtown, the food market, shops, catering shops, supermarkets, cinemas, entertainment resorts for the daily living are well equipped. Inner the houses water, electricity, cable TV, telephone set are all facilitated. The greening work and logistics management are all designed according to standard of modern residence community, which is an ideal residence for the resettlers.
Yixiangju West Park
This park locates in northwest of Chengqiao Town of Chongming, and now it is being constructed. To the east, it is Sanshahong Road, looking to Ganlin Park diagonally. Inner the park the equipments are comprehensive and inner the house liquid gas, cable TV and telephone are all equipped. The greening work and logistics management are all designed according to standard of modern residence community, which is an ideal residence for the resettlers.
Mingzhu Park
This residential locates in the north of Chengqiao Town, to the north of Yulinqiao Road and to the east of Meizhou Road and to the west of Dongyin Road with total acreage 300 thousand m2 and it is the resettlement site of Chongming County. Inner the park the equipments are comprehensive for shopping, schooling with graceful environment. The greening work and logistics management are all designed according to standard of modern residence community, which is an ideal residence for the resettlers.
Qingpu Huaxin Sewage Treatment Pipe Network Project
I. PROJECT IMPACT
Qinpu Huaxin Sewage Treatment Pipelines Project(for short-term) will occupy permanently 8.65mu collective land belonging to 5 teams of 5villages in Huaxin Town, all planting land with 11 directly APs. Due to Socio-economic survey, most of peasants’ income is from salary of enterprises and institutions and employment of these, accounting for 93%, quite high proportion. Therefore, the families in the affected areas do not earn living on land any longer and they have no dependence on agriculture without much influence on peasants’ income.
II. Resettlement Program
For the resettlers of the Project, mainly the two ways of assimilation resettlement (for labors of land acquisition) and retirement resettlement(for retirement persons of land acquisition). Totally there are 11 resettled in the project, among which 4 adopting the former way and 5 the latter.
1. Labor Resettlement of Land Acquisition
After approval of two third villagers, land compensation fee can be used for the welfare of all the villagers, the resettlement subsidy can be allocated to affected labors to continue to take over current careers or else to develop private owned business;
Surrounding the affected villagers there are many enterprises with good profit and they promise to give priority to employ the affected labors;
The land acquisition institutions are responsible for entrusting the labor service agents to train and resettle, with the cost paid by the institutions;
On the premise of reesettlers desire, those retirement persons male beyond 55 years old and below 60 and female beyond 45 and below 55 can choose to take part in little township social insurance with its resettlement subsidy prior to the insurance. After paying for relevant fees, the resettler can get insurance fee of 508yuan/month.
Those persons land occupied which have been checked as entire loss of labor by city labor ability appraisal agents can be got involved in the retirement and can retire earlier. The term of land acquisition retirement pension should be plus with advanced term.
After signing the resettlement agreement, the land occupiers should fulfill the affected labors in 12 months. While not fulfilling the living expense should be paid referring to the pension of Shanghai urban retirement persons.
2. Retirement Resettlement of Land Acquisition
The resettlement subsidy provided by land occupiers to retirement persons should pay for land acquisition retirement pension.
The retirement pension consists of living expense, medical fee, subsidy and the like with term of 15 years for male and 20 years for female.
The retirement persons can get living expense and write off medical fee since the next month after handing in retirement pension. They can get 332yuan/month as pension.
3. Rehabilitation Plan for Temporary Land Acquisition
The project has no collective land involved into temporary land acquisition. While temporarily digging non-vehicle paths and virescence of pipeline projects, the integrated method of construction and rehabilitation with quick flow. When constructing 5 pumping stations, the state land in the surroundings of the site will be occupied temporarily with the term of 6 months. After the term goes out, the implementing institute will demolish the temporary house and clear the ground.
4. Affected Ground attachment
After compensated by Project owners to property owners, the affected Infrastructure and ground attachment should be reconstructed by property owners.
The rehabilitation measures to the demolished infrastructures should be preemptively planned and disposed, and in the practical operation the work should be done in accord with the specific situations to ensure security, high efficiency, timely without mistakes to minimize the adverse impact on the surrounding residents.
Jinshan Garbage Collection and Transportation System Project
I. IMPACT ANALYSIS
Shanghai Jinshan Living Dump Collection and Transportation System (for short-term) will occupy permanently 22.5mu collective land belonging to 6 teams of 6villages in 6 towns, all planting land with 9 directly APs. Due to Socio-economic survey, most of peasants’ income is from salary of enterprises and institutions and employment of these, accounting for 91%, quite high proportion. Therefore, the families in the affected areas do not earn living on land any longer and they have no dependence on agriculture without much influence on peasants’ income.
II. Resettlement Program
For the resettlers of the Project, mainly the two ways of assimilation resettlement (for labors of land acquisition) and retirement resettlement(for retirement persons of land acquisition). Totally there are 9 resettled in the project, among which 4 adopting the former way and 5 the latter.
1. Labor Resettlement of Land Acquisition
After approval of two third villagers, land compensation fee can be used for the welfare of all the villagers, the resettlement subsidy can be allocated to affected labors to continue to take over current careers or else to develop private owned business;
Surrounding the affected villagers there are many enterprises with good profit and they promise to give priority to employ the affected labors;
The land acquisition institutions are responsible for entrusting the labor service agents to train and resettle, with the cost paid by the institutions;
On the premise of reesettlers desire, those retirement persons male beyond 55 years old and below 60 and female beyond 45 and below 55 can choose to take part in little township social insurance with its resettlement subsidy prior to the insurance. After paying for relevant fees, the resettler can get insurance fee of 508yuan/month.
Those persons land occupied which have been checked as entire loss of labor by city labor ability appraisal agents can be got involved in the retirement and can retire earlier. The term of land acquisition retirement pension should be plus with advanced term.
After signing the resettlement agreement, the land occupiers should fulfill the affected labors in 12 months. While not fulfilling the living expense should be paid referring to the pension of Shanghai urban retirement persons..
2. Retirement Resettlement of Land Acquisition
The resettlement subsidy provided by land occupiers to retirement persons should pay for land acquisition retirement pension.
The retirement pension consists of living expense, medical fee, subsidy and the like with term of 15 years for male and 20 years for female.
The retirement persons can get living expense and write off medical fee since the next month after handing in retirement pension. They can get 332yuan/month as pension.
3. Rehabilitation Plan for Temporary Land Acquisition
The temporary land acquisition of the project has no planting or non-planting land involved in. Six transportation stations should be established and the implementing institutions need to construct temporary buildings for business and living in the surroundings of the site and the land is space of enterprises, which will last for 6 months. After the term goes out the implementing institutions will demolish temporary houses and clear ground.
Linkong Press-plus Pumping Station Project ,Huaxiang Pumping Station Project, Qingpu District Xujing and Huaxin Water Supply Pipeline Project
I. IMPACT ANALYSIS
Huaxiang Pumping Station occupies 25.6mu collective land of Genglang Team, Xinjianong Village Huacao Town in Minhang District, the land is for planting with 190 involved in and the resettlement population amounting to 78. Due to the socio-economic survey, the peasant’s income is mainly salary of enterprises and institutions and employment, accounting for 73.9% of the total income that is a quite high proportion. In addition to these, because of its location in Shanghai suburban areas, on one side, the peasants’ housing acreage is large(average household possesses 260.8m2 ),on the other side, the population flow is very frequent and the house renting market is very active, thus the other income mainly rent fee amounts to 26.1% while the agricultural income accounts almost zero. Therefore, the families in the affected areas of the project do not earn living on land and have no dependence on land and thus there is no influence on peasants’ income by land acquisition.
II. Resettlement Program
For the resettlers of the Project, mainly there are two ways of assimilation resettlement (for labors of land acquisition) and retirement resettlement (for retirement persons of land acquisition). Totally there are 78 resettled in the project, among which 29 adopting the former way and 49 the latter.
1. Labor Resettlement of Land Acquisition
After approval of two third villagers, land compensation fee can be used for the welfare of all the villagers, the resettlement subsidy can be allocated to affected labors to continue to take over current careers or else to develop private owned business;
Surrounding the affected villagers there are many enterprises with good profit and they promise to give priority to employ the affected labors;
The land acquisition institutions are responsible for entrusting the labor service agents to train and resettle, with the cost paid by the institutions;
On the premise of reesettlers desire, those retirement persons male beyond 55 years old and below 60 and female beyond 45 and below 55 can choose to take part in little township social insurance with its resettlement subsidy prior to the insurance. After paying for relevant fees, the resettler can get insurance fee of 508yuan/month.
Those persons land occupied which have been checked as entire loss of labor by city labor ability appraisal agents can be got involved in the retirement and can retire earlier. The term of land acquisition retirement pension should be plus with advanced term.
After signing the resettlement agreement, the land occupiers should fulfill the affected labors in 12 months. While not fulfilling the living expense should be paid referring to the pension of Shanghai urban retirement persons.
The government should establish perfect labor service system to help the APs. Before land acquisition, it should organize to set up related resettlement labor service agents to provide all kinds of employment channels for them such as free open talent market and free training of professional technology and etc.
2. Retirement Resettlement of Land Acquisition
The resettlement subsidy provided by land occupiers to retirement persons should pay for land acquisition retirement pension.
The retirement pension consists of living expense, medical fee, subsidy and the like with term of 15 years for male and 20 years for female.
The retirement persons can get living expense and write off medical fee since the next month after handing in retirement pension. They can get 332yuan/month as pension.
3. Rehabilitation Plan for Temporary Land Acquisition
The project has no collective land involved into temporary land acquisition. While temporarily digging non-vehicle paths and virescence of pipeline projects, the integrated method of construction and rehabilitation with quick flow. When constructing Linkong Pumping Station, the state land of Changning Linkong Economic Park will be occupied temporarily with the term of 6 months. After the term goes out, the implementing institute will demolish the temporary house and clear the ground.
4. Resettlement Plan for Temporary Buildings
The temporary buildings involved in the Project located in the collective land of Genglang Production Team of Xinjianong Village which is occupied. After signing an agreement of land rent with the Team, the tenant commits to build houses himself on the land rented and at the same, commits to demolish without qualification when civil demolition. The temporary buildings are mainly used for piling materials, storing semi-products and products for the tenant. After negotiating with the tenant, the Project will compensate to the tenant due to the reconstruction cost of buildings’ framework, but not for the used land.
After survey, in other teams of Xinjianong Village there are still some spaces to be rented. As long as the tenant’s like, he will rent another similar space. In addition, for the affected persons, because the main usage of the temporary buildings is store, they can return to their cadres to work without effect on their income.
5. Affected Infrastructure and Ground attachment
After compensated by Project owners to property owners, the affected Infrastructure and ground attachment should be reconstructed by property owners.
The rehabilitation measures to the demolished infrastructures should be preemptively planned and disposed, and in the practical operation the work should be done in accord with the specific situations to ensure security, high efficiency, timely without mistakes to minimize the adverse impact on the surrounding residents.
For the affected civil public facilities, the demolishers should do according to the operation map in the principle of no influence on engineering to eliminate movement. For the movement of affected pipelines, the demolishers should reconstruct before movement in the premise of no influence on residents’ usual life along the line(the residents who need not move included).
Appendix3 Outline of Independent Monitoring and Evaluation on Resettlement
1. OBJECTIVES OF M&E
According to the requirements of world Bank OP4.12 Involuntary Resettlement, appendix 3 Involuntary Resettlement Monitoring and Evaluation Technical Guide of technical files N0.80 Involuntary Resettlement and Rehabilitation in Development Project--- Policy Guide to World Bank Assisted Project and Resettlement Monitoring and Evaluation Operational Guide of China Loan Project of World Bank, independent monitoring and evaluation on resettlement was carried out, changing conditions of Affected Persons’ living and production induced by land acquisition, through checking the process, fund, management of land acquisition and resettlement, follow-up evaluation on land acquisition and resettlement. While reports are submitted to World Bank, PMO and related superior departments regularly (2 times/year), information and suggestions are provided, which is the reference to decision of related departments. Through independent monitoring and evaluation, World Bank and project superior departments can have a well know about whether land acquisition and resettlement is achieved on schedule and with stipulated quality, and problems will be brought forward, and suggestion for improvement will be put forward.
2. Contents of Resettlement Monitoring and Evaluation
(1) M&E on Progress of Resident’s House Demolition and Resettlement
Including: ①progress of house demolition and compensation condition; ②construction progress of house for resettlement; ③Progress of movement and resettlement.
(2) M&E on Progress of Enterprise’s House Demolition and Resettlement
including: ①demolition progress and compensation conditions for enterprises;②reconstruction progress；③movement and resettlement progress.
(3)M&E on Fund Fulfillment and Utility
Including: ①fulfillment condition of fund transfer; ②Utilization condition of fund( plan and actual).
(4)M&E on Rehabilitation of Enterprise Production
3. Technical Method
Independent M&E technical method is shown in Chart 1.1
Chart 1.1 Independent M&E Technical Method
4.Independent Monitoring Institute
Independent M&E on resettlement of the project is undertaken by the M&E Panel established by NRCR of Hohai University and Shanghai Bohong Engineering Company.
5. Organization and Work Division of Resettlement M&E
⑴PMO entrusted the panel to be responsible for specific survey, data collection of M&E by PMO, then calculate and analyze it, and examine the results.
⑵M&E panel’s task is that, under the directions of project officer of World Bank, to carry out M&E on resettlement, and to take charge of compiling M&E outline, establish monitoring site, and to preside over on-spot survey and inside analysis, and take charge in compiling resettlement M&E reports.
⑶PMO provides cooperation of staff and transportation etc. during resettlement M&E group carries out on-spot survey.
6. Resettlement M&E Ways
⑴The method of combination of on-spot survey, calculating analsis and experts comprehensive evaluation is adopted.
⑵The survey method of combination of spot and side is employed. Conprehensive survey on process, fund and institute and management etc of resettlement is conducted. Samlping survey on the resettled households is conducted.
⑶Method of classified stochastic sampling etc is adopted in survey, and spot follow-up survey on typical resettled households is conducted. Sampling proportion: 10% resettled households induced by demolition, and 20% resettled enterprises induced by demolition.
⑷Methods of survey sheet, interview, inquiring files and documents etc are employed in comprehensive survey.
⑸Besides letter data, information such as pictures, records, kinescope and practicality etc should be collected.
7. Schedule of Independent M&E on Resettlement
In January 2005, to set up independent resettlement M&E group and compile work outline.
In January 2005, to do independent resettlement M&E preparation well, including, compiling survey outline and sheet, set up monitoring system, and nail down tasks and choose monitoring sites.
In March 2005, to conduct baseline survey
In July 2005, to submit No. 1 M&E report.
In January 2006, second monitoring, to submit No.2 M&E report.
In July 2006, third monitoring, to submit No.3 M&E report.
In January 2007, fourth monitoring, to submit No.4 M&E report.
In December 2007, to submit completion M&E report.
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[1]Minimum Compensation Unit Price Rate is the average market unit price of the current residential houses on sale in the same area of the demolished houses, which is regularly publicized due to the allocated area by every district or county government. The price subsidy rate is formulated by city price supervision department combined with city construction committee and city house and land resources bureau.
[2] According to Shanghai’s policy, the decoration cost is elvated by the Evaluation Corporation at the principle of reconstruction.The price calcultecd here is the average price of decoration market of Shanghai in 2004.
[3] According to Shanghai’s policy, movement prize include displace prize and quickly movement prize, about 2000-16000yuan/household. The resettlers can get the highest movement prize if they displace within 20 days. The movement prize decreases daily after 20 days. Here, to calculate the investment, it is averaged as 9000 yuan per household.
[4] According to Shanghai’s policy, the compensation for loss of business and production cease of collective enterprises is 100-350yuan// M2,and 300-400yuan/ M3 for state-owned enterprises.The budget uses the average value
[5] Movement cost is determined by the evaluation corporation. Generally speaking, movement cost for the building of framework is 1500 yuan/enterprise. The budget adopts the compenstation rate as 1000yuan/enterprise for convienience.
[6] refer to the agricultural population affected by planting land acquisition.
[7] To gather the Huaxiang and Linkong Press-plus pumping stations into one project.
[8]Minimum Compensation Unit Price Rate is the average market unit price of the current residential houses on sale in the same area of the demolished houses, which is regularly publicized due to the allocated area by every district or county government. The price subsidy rate is formulated by city price supervision department combined with city construction committee and city house and land resources bureau.
[9]Labor resettlement subsidy should be pould be paid due to different age and gender with the rate of 90000Yuan/人～120000Yuan/person. While calculating 105000 Yuan/person should be taken and in practical compensation, to subsidy due to the regional and economic development standard in the affected villages and towns.
[10]NON-AGRICULTURAL CONSTRUCTION LAND SHOULD BE COMPENSATED FOR AS THE MARKET EVALUATION PRICE IN THE DISTRICTS OR COUNTIES, HERE IN THE NEED OF BUDGET, TAKE 150000YUAN/MU AS THE MEAN IN THE PRICE EVALUATION.
[11] ACCORDING TO SHANGHAI RELEVANT POLICY, COMPENSATION FOR DECORATION SHOULD BE EVALUATED AND PAID IN THE PRINCIPLE OF RECONSTRUCTION PRICE BY THE EVALUATION COMPANY. HERE IT SHOULD BE CALCULATED AT THE AVERAGE DECORATION PRICE PER SQUARE METER IN SHANGHAI IN 2004.
[12] According to Shanghai policy, movement prize consists of displacement prize and rapid displacement prize with the rate of 2000 to 16000yuan/hh. Those who move in 20 days can get the highest prize and then along time going on the prize will be decreased gradually. Here for convenient calculation of investment budget, the mean of 9000yuan/hh is taken as standard, and as specific conditions the compensation will be different.
[13] According to Shanghai policy, compensation for loss of production and business cease of collective enterprises should be 100-350Yuan/ M2, and that of state enterprises should be 300-400Yuan/ M2 . and here for convenience of calculation the mean is to be taken.
[14] Movement fee should be evaluated and confired by the evaluation company. Generally speaking, the movement fee for framed structure should be 1500 Yuan/enterprise. Here for convenience of budget, 1000 Yuan/enterprise is to be taken.
[15]Minimum Compensation Unit Price Rate is the average market unit price of the current residential houses on sale in the same area of the demolished houses, which is regularly publicized due to the allocated area by every district or county government. The price subsidy rate is formulated by city price supervision department combined with city construction committee and city house and land resources bureau.
[16] According to Shanghai policy, compensation for loss of production and business cease of collective enterprises should be 100-350Yuan/ M2, and that of state enterprises should be 300-400Yuan/ M2 . and here for convenience of calculation the mean is to be taken.
[17] Movement should be determined by the evaluation institution. Here is to take 1000Yuan/enterprise.
[18] According to Shanghai policy, compensation for loss of production and business cease of collective enterprises should be 100-350Yuan/ M2, and that of state enterprises should be 300-400Yuan/ M2 . and here for convenience of calculation the mean is to be taken.
[19] Movement should be determined by the evaluation institution. Generally speaking, the movement for framework is 1500 Yuan/enterprise, here is to take 1000Yuan/enterprise.
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Regional socio-economic survey
Monitoring on resettlement implementing agencies
Monitoring on sample of the demolished
Monito楲杮漠慳灭敬漠潨獵桥汯獤戠⁹慬摮愠煣極楳楴湯潃灭敬整圍敨桴牥䴠䔦椠癯牥ി䌍浯楰楬杮䴠䔦爠灥牯൴攍慶畬瑡潩湯挠湯牴獡⁴湡污獹獩䌍敬湡甠⁰潭楮潴楲杮搠瑡湡敳⁴灵搠瑡扡獡潍楮潴楲杮猠牵敶൹䔍瑳扡楬桳䴠䔦椠普慭慮敧敭瑮猠獹整൭慢敳楬敮猠ring on sample of households by land acquisition
Completed
Whether M&E is over?
Compiling M&E report
evaluation on contrast analysis
Clean up monitoring data and set up database
Monitoring survey
Establish M&E info management system
baseline survey
Designing sample survey scheme
Project Approval
Compiling survey outline, survey sheet, samples, sample register card
Compiling M&E Guide
Residence affected in short time
Monitoring on resettlement village
Attached Property
Institutions Demolished
Enterprises Demolished
Ownership of Infrastructure
Residences Demolished
Household
Domestic Bank Loan
Sub-project Implementation organization
PMO
Financial Allocaton
Administrative Organizations of Each Sub-project
Labor resettlement
Building
Compensation for village-collective and individual property
Resettlement Implementation Organizations Of Each Sub -Project
Shanghai Construction Committee
Shanghai House and Land Administrative Buearu
External Monitoring Institutes
Design and Research Institute
SHUEPMO
LP OF SHUEPO
Stage 4: If the AP is still dissatisfied with the decision of Shanghai Construction and Administrative Committee and LP, he /she /it can appeal to the People’s Court in accordance with Civil Procedure Act after receiving the decision of the institution for administrative arbitration.
Stage 3：If the aggrieved person is not satisfied with the decision on stage 2, he/ she /it can appeal to Shanghai Construction and Administrative Committee he receives the decision on Stage 2. The Committee will reach a decision within 2 weeks. Address of Committee is Room2409, Jianke Mansion, No.75, Wanping South Road, From Monday to Friday(State Holiday excluded), 9：00.11：00am, 13：30.16：00pm, Telephone:021.54524500.1131Email:mailto:xxyjzx@public.shucm.
Stage 2:If the aggrieved person (unit) is still not satisfied with the decision on stage 1, he/ she /it can bring the complaint to SHUEPMO after the receipt of the decision on Stage 1. SHUEPMO will make a decision on the complaint within two weeks. Address of the PMO of Shanghai Urban Environment Project: Liyang Road No.1 of 1114 , Tel.: 021-56668104
sjhjj
SHUEPMO Address: Liyang Road, Shanghai Tel: Responsible: Qiu Wenjin
阶段2：移民若对阶段1的处理决定仍不满意，可以在收到决定后向上海APL世行环境项目办提出申诉；上海APL世行环境项目办应在2周内作出处理决定。
上海市城市环境项目办公室地址： ，电话： 负责人
Stage 1:If any AP is not safisfied with RAP, he/she/it can lodge an oral or written grievance with relevant House Demolition Offices directly. If an oral grievance, the PMO is responsible for treating and recording writtenly. PMO should resolve the issue within two weeks.Details of implementing agents’ name and contact means can be seen in Table 9.3.
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