宁波市江东南区污水处理厂及 - World Bank
Southern Transportation Trunk Perfecting Project for Sewage Treatment in Bailonggang Area, Shanghai
Puxi Section Project
Resettlement Action Plan
Shanghai Urban Drainage Corporation
August，2008
Endorsement Letter for the Resettlement Plan
Shanghai Municipal Government has applied for a loan from WB to finance Shanghai Southern Transportation Trunk Perfecting Project for Sewage Treatment Bailonggang Area. Therefore, the Project must be implemented in compliance with ADB safeguard requirements. This Resettlement Plan is prepared in accordance with the laws of the PRC, Shanghai Municipality, as well as WB’s Policy on Involuntary Resettlement and it constitutes the basis for land acquisition, house demolition and resettlement of the project.
Shanghai Municipal Government hereby confirms the content of this Resettlement Plan and will guarantee the land acquisition, compensation and relocation budget being provided according to the provisions of this Resettlement Plan. This Resettlement Plan is based on the feasibility study report and the initial surveys. If the final implemented components are different from the contents described in the feasibility study report and that will cause the substantial impact on the Resettlement Plan, this Resettlement Plan should be future modified and approved by WB before its implementation.
Shanghai Municipal People’s Government
__________ (Signature) _____________ (Date)
Preface
I. The objective of Resettlement Action Plan
1 This Resettlement Action Plan is formulated on the basis of the laws, regulations and policies of the People’s Republic of China, and Local Government as well as the Guidelines of the World Bank (Operational Directive for Involuntary Resettlement OP 4.12). The purpose of this document is to set out an Action plan for the Resettlement and Rehabilitation of the Displaced persons (DPs) to ensure that they will benefit from the project and their standards of living will be improved or at least be restored after the project impact.
II. Definition of Relative Terms
DPs
2 Criteria for Eligibility. Displaced persons may be classified in one of the following three groups:
a. those who have formal legal rights to land (including customary and traditional rights recognized under the laws of the country);
b. those who do not have formal legal rights to land at the time the census begins but have a claim to such land or assets—provided that such claims are recognized under the laws of the country or become recognized through a process identified in the resettlement plan; and
c. Those who have no recognizable legal right or claim to the land they are occupying.
3 Persons covered under 2(a) and 2(b) are provided compensation for the land they lose and other assistance. Persons covered under 2(c) are provided resettlement assistance in lieu of compensation for land they occupy and other assistance, as necessary, to achieve objectives set out in this policy, if they occupy the project area prior to a cut-off date established by the borrower and acceptable to the World Bank[1] . Those who encroach on this area after cut-off date are not entitled to the compensation or any other resettlement assistance. All persons included in 2(a), 2(b) and 2(c) are provided compensation for loss of assets other than land.
Compensation and Resettlement Measures
4 In order to address the impacts caused by compulsive land acquisition resulting in (i) relocating or loss of shelter; (ii) lost of assets or access to assets; (iii) loss of income source or means of livelihood, wheatear or not the affected persons must move to another location, an RAP or Resettlement Policy Framework (RPF) should be prepared that covers the following:
a. The resettlement plan or resettlement policy framework includes measures to ensure DPs are
i. Informed about their options and rights pertaining to resettlement;
ii. Consulted on, offered choices among, and provided with technically and economically feasible resettlement alternatives; and
iii. Provided prompt and effective compensation at replacement cost[2] for losses of assets attributable directly to the project.
b. if the impacts include physical relocation, the resettlement or resettlement policy framework should include measure to ensure that the displaced persons are
i. provided assistance (such as moving allowance) during the relocation;
ii. provided with residential house, or house sites, as required, agricultural sites for which a combination of productive potential, location advantages, and other factors is at least equivalent to the advantages of the old site.
c. Where necessary to achieve the objectives of the policy, the resettlement plan or resettlement policy framework also include measures to ensure that displaced persons are
i. offered support after displacement, for a transition period, based on a reasonable estimate of the time likely to be needed to restore their livelihood and standards of living;
ii. Provided with development assistance in addition to compensation measures described in paragraph 4(a) (iii), such as land preparation, credit facilities, training, or job opportunities.
5 cut-off date: the date in this project refers to the date that bulletin of land acquisition and house demolition is issued. DPs are not allowed to build new house, expand the building, rebuild, change the usage of house and land, lease land, or rent/bargain the house. Besides, persons moving into project areas after this date are not entitled to be compensated.
Abbreviations
|AAOV |Average Annual Output Value |
|APs |Affected Persons |
|DPs |Displaced Persons |
|DI |Design Institute |
|FSR |Feasibility Study Report |
|IA |Implementation Agency |
|M&E |Monitoring and Evaluation |
|PAPs |Project Affected Persons |
|PRC |People’s Republic of China |
|RAP, RP |Resettlement (Action) Plan |
|RIB |Resettlement Information Booklet |
|RPF |Resettlement Policy Framework |
|STTP |Southern Transportation Trunk Project |
|STTPP |Southern Transportation Trunk Perfecting Project |
|SPMO |Shanghai Project Management Office |
|WB |World Bank |
|mm |Millimeters |
|% |Percentage |
|mu |Chinese Area Unit of Land, 1 mu = 1/15 ha (1 ha = 15 mu) |
|Yuan |Chinese Current unit of Money, 1 Yuan = 1/7 dollar (1 dollar = 7 Yuan ) |
Content
1 Project introduction 1
1.1 Brief Introduction 1
1.2 Beneficial and Affected Areas of Project 2
1.2.1 Beneficial Areas 2
1.2.2 Affected Areas 2
1.3 Social Economic Background of Project Affected Areas 3
1.4 Total investment and Capital source 5
1.5 Measures to Avoid Affects 5
1.6 Linkage Projects 6
2 Project Impacts 7
2.1 Projec Impact Survey 7
2.2 Project Impact Scope 7
2.3 Permanent State-Owned Land Occupation 7
2.4 Temporary Land Occupation 8
2.5 Affected Enterprises 9
2.6 Affected Unlicensed Structure 9
2.7 Affected Population 10
2.8 Affected Infrastructure and Ground Attachments 10
3 Analysis on Resettlement Impacts 12
3.1 Impacts Analysis on Temporary Land Acquisition 12
3.2 Impacts Analysis on Enterprises 12
4 Legal and Policy Framework 14
4.1 Laws and Policies Referred in Resettlement 14
4.2 Resettlement Policies of the Project 14
4.2.1 Resettlement Policy of Demolished Enterprise 14
4.2.2 Compensation Policy for Affected Ground Attachments 16
5 Compensation Standard 17
5.1 Compensation Standard for State-owned Land 17
5.2 Compensation for temporary land acquisition 17
5.3 Compensation for house demolition 18
5.3.1 Rural non-residential house 18
5.3.2 Urban non-residential houses 18
5.4 Compensation for the impacts on enterprises production and operation 19
5.5 Compensation standard for infrastructures 19
5.6 Other compensation standard 20
6 Resettlement Scheme 21
6.1 Resettlement Objectives 21
6.2 Resettlement Principles 21
6.2.1 Principle of Reducing Resettlers as much as possible 21
6.2.2 Principle of Equally Compensating 21
6.2.3 Principle of Focusing on Emphasis 22
6.3 Restoration of Temporrily-Occupied Land 22
6.4 Resettlement for non-residential houses demolition 23
6.4.1 Demolished enterprises 23
6.5 Affected Infrastructure and Ground Attachment 24
7 Public Participation 25
7.1 Public Participation and strategy 25
7.2 Public Participation Process and Policy Disclosure 26
8 Greivance and Complaint Procedure 28
9 Institution 29
9.1 Resettlement Agency 29
9.2 Organization Chart 31
9.3 Responsibilities 32
9.3.1 Shanghai Develope and Reform Committee, Shanghai Construction and Management Committee & Shanghai Water Affairs Bureau 32
9.3.2 Shanghai Urban Drainage Co., Ltd 32
9.3.3 Shanghai Urban Planning and Adminisitration Bureau & Shanghai Housing and Land Administration Bureau 32
9.3.4 Demolition Management Office and water affair bureau of Districts 33
9.3.5 Shanghai Municipal Designing Institution 33
9.3.6 Resettlement Monitoring Agency 33
9.4 Organization Ability and Staffing 34
9.5 Measures for Strengthening Institutional Capacity 35
10 Table of Implementation Schedule 37
10.1 Principle of Progress Joint of Resettlement and Consturctio 37
10.2 Timetable of Key Tasks in Resettlement Implementation 37
10.2.1 Principles of Scheduling 37
10.2.2 Overall Schedule of Resettlement 38
11 Expense and Budget 40
11.1 Expense 40
11.2 Annual Capital Utilizing Plan 43
11.3 Resettlement Capital Resource 43
11.4 Capital Flow and Allocation Plan 43
11.4.1 Capital Flow 43
11.4.2 Allocation and Management 44
12 Monitoring and Evaluation 45
12.1 Internal Monitoring 45
12.1.1 Implementation Procudures 46
12.1.2 Monitoring Content 46
12.1.3 Internal Monitoring Report 46
12.2 External Monitoring and Evaluation 46
12.2.1 Independent Monitoring Institute 46
12.2.2 Monitoring Procedure and Contents 47
12.3 Monitoring Indicator 48
12.4 Post Evaluation 49
13 Entitlement Matrix 50
Appendix1. Project Sketch Map 52
Appendix2. External Monitoring and Evaluation Framework 53
Appendix3. Resettlement Information Booklet 56
Table List
Table 1-1 Summary of Project Resettlement Impacts 2
Table 2-1 Villages affected by the project 7
Table 2-2 List of Temoprary Collective Occupation 8
Table 2-3 List of temporary state-owned land occupation 8
Table 2-4 List of Affected Enterprises 9
Table 2-5 List of Affected Population 10
Table 2-6 Affected Infrastructure and Groud Atteachments 10
Table 3-1 effect to each enterprise 13
Table 5-1 Compensation standard of rural non-residential houses 18
Table 5-2 Compensation standard of urban non-residential house 18
Table 5-3 Compensation standard for infrastructures 19
Table 5-4 Relevant cost and fee 20
Table 7-1 Public Participation Process of Affected Population 26
Table 7-2 Policy Disclosure Process 27
Table 9-1 staffing of the resettlement institutes involved in the project 34
Table 10-1 Schedule for land acquisition and house demolition 39
Table 11-1 Budget for resettlement compensation 40
Table 11-2 annual investment plan 43
Table 13-1 Entitlement Matrix 50
Chart List
Chart 8-1 Grievance and Complaint Procedure 28
Chart 11-1 Capital flow 44
Project introduction
1 Brief Introduction
According to latest investigation data, sewage quantity increased faster in Bailonggang area, Shanghai in recent years. The inflow discharge of Bailonggang Sewage Treatment Plant would be 1900 thousand m3/d until 2008. The situation above proves that the collecting sewage quantity of Bailonggang has exceeded the designed trunk scale which is 1721 thousand m3/d. (Feasibility Study Report, 2008).
To develop economy, environmental protection should be top-priority. With a new round development and opening of Shanghai, and rapid development of urban construction, the increasing sewage quantity of Pudong New Developed District, Minhang, Nanhui and other area is in a dire need of an outlet, so it has no time to delay to improve the discharge ability of sewage trunk line in Bailonggang area. In order to provide necessary environment capacity and self-contained infrastructure for local economy development, then improve the regional water environment quality, and accelerate the harmony development of economy and environment, Southern Transportation Trunk Project (STTP) has been the urgent affair of optimizing and improving sewage treatment system in Bailonggang area.
The service region of STTP belongs to Bailonggang area, of which, the north is in the southern side of Zuyuan, the west is in the Minhang boundary, the south is in the Minhang boundary and Nanhui airport express way, the east is in the Changjiang River. The area of service region is 1255km2, and the population is 7120 thousands. STTP includes Western Section Project of Southern Trunk and Southern Trunk Transportation Perfecting Project (STTPP). Presently the western section project has been completed and connected with middle trunk to the Bailonggang Sewage Treatment Plant. Because the actual sewage quantity has disparity with the planning, the eastern section project of southern trunk is suspended. STTPP in Bailonggang area) includes eastern section project and Puxi River-Crossing Pipe and the connection pipe. The purpose of STTPP is to perfect the southern transportation trunk. The project will start from June, 2009, and end in 2012.
STTPP could be divided into 2 parts: Puxi Section Project, including Puxi River-Crossing Pipe, the connecting pipe, and the pumping station; Pudong Section Project, including East Section of Southern Transportation Trunk and Pudong collecting branches. Shanghai Urban Drainage Corporation, as the project owner, plans to apply World Bank loan to Puxi Section Project, and compile Resettlement Action Plan (RAP). As to Pudong Section project, construction would be done with domestic capital, however, the project scope has not been confirmed, and so Resettlement Policy Framework (RPF) is compiled.
2 Beneficial and Affected Areas of Project
1 Beneficial Areas
Beneficial areas of Puxi river-crossing pipe, connecting pipe, and river-crossing pump station include:
➢ Shanghai
Shanghai is making effort to be a national sanitary city, the main standard of which is a good environment protection, including solid waste treatment, sewage treatment, air pollution control and noise control. STTP will create favorable conditions to improve the rate of piped sewage after its construction, so that it could reduce quantity of sewage discharged into Inland River; achieve the goal of improving Inland River’s water quality. STTP has a significant meaning for upgrading the whole sanitary environment of Shanghai, and provides good conditions for creating national sanitary city.
➢ Puxi Central Urban Area
Because the discharged sewage from the sixth anabranch and Wumin has exceeded the designed scale, sewage from Puxi has no way to cross Huangpujiang River, and only could be discharged into Huangpujiang which is polluted gravely. STTPP would solve the sewage discharged into Huangpujiang in the rain season in this area completely, and have a very important meaning for improving the water quality in Huangpujiang.
2 Affected Areas
The impacts of land acquisition and house demolition in Puxi Section Project involve 3 districts of Shanghai: Minhang, Xuhui and Pudong New Area.
Table 1-1 Summary of Project Resettlement Impacts
|District |Minhang |Xuhui |Pudong |Subtotal |Remark |
|Township/Street |1 |1 |1 |3 | |
|Village | |1 |1 |2 | |
|Permanent State-owned Land Acquisition （Mu） | |11 | |11 | |
|Temporary Land |State-owned Land（m²） |625 |1625 |4300 |6550（about 9.8 Mu）|Including virescence |
|Acquisition | | | | | |belt & national roads|
| |Collective Land（m²） |/ |1125 |800 |1925（about 2.9 Mu）|Non-agricultural land|
| | | | | | |but for construction |
| | Of which：Farmland | | | | | |
|Affected |House Demolition（m2） |175 |2110 | |2285 | |
|Enterprises | | | | | | |
| |Auxiliary Construction（m2） | |3345 | |3345 | |
| |Affected Enterprises |1 |4 | |5 | |
| |Affected Population |3 |18 | |21 | |
|Total Affected Population | |3 |18 |/ |21 | |
3 Social Economic Background of Project Affected Areas
➢ Minhang
Minhang District, located in the southwestern part of Shanghai, is shaped like a key. Situated in 31.05’N and 121.25’E, the district is bordered on the eastern side of Xuhui District, Pudong New Area and Nanhui District. It meets Songjiang and Qingpu Districts in west and Changning and Jiading Districts in east.
Hongqiao international Airport is within the district’s borderline. The Wusong River and Huangpu River also run through the district. Minhang is an important traffic transit hub, a big industrial base in the city’s southwest and an emerging center of scientific technology and aerospace industry.
Minhang’s area accounts for 5.86 percent of Shanghai and its permanent population is about 10 percent of Shanghai .Its gross regional product accounts for 8.2 percent, ranked the third in the city. Minghang is an important base of equipment and manufacturing industry and a center of information technology. Its secondary and tertiary industries are developing quickly in the recent years. The district’s main economic index is always among the tops in Shanghai, No.2 in its fiscal revenues, No.3 in the value-added of Industry, No.4 in the total social retail sales of consumer goods, No.2 in investment absorption and No.1 in sales of newly-built real estate.
Minhang District administers nine towns, one city-rated industrial park and three sub districts with a total of 163 villagers’ committees and 311 residents’ committees.
By the end of last year, the district’s population is 885.8 thousand, 15.2% more than the previous year. About 778 thousand are city dwellers, 6.5% more than the previous year.
In 2007, the added value of the whole district was 97.6 billion Yuan, 15.2% increased by the previous year; financial gross income was 27.22 billion Yuan, 19.6% increased by, including district financial income of 8.57 billion Yuan, 25.4% increased; total industrial value of 333.5 billion Yuan, 10.1% increased; and total retail sale of consumer goods 27.4 billion Yuan, 16% increased by the previous year.
➢ Xuhui
Xuhui is one of the central urban zones of Shanghai, with an area of 54.8km² and a resident population of 1.06million. 12 colleges including Jiao Tong University, Medical College of Fudan University and 117 scientific research institutions including Shanghai Branch of Chinese Academy of Sciences are located here.
Commercial development has shown a good trend. Residents’ consumption ability is obviously improved; consumption on cars, communication products and goods related to housing is further enlarged. Commodity structure is adjusted in business circle of Xujiahui Area and attention is paid to the economic benefits. Total retail sale of consumer goods is total to be 6.075 billion Yuan finished by Shopping malls such as Ganghui, Dongfang, Liubai, Huijin, the Pacific, and Huilian and computer markets such as the Pacific and Bainaohui. Commerce develops fast.
District economy keeps a fast development and economic structure is further optimized. The annual gross production value of the district is 65.059 billion Yuan, 12.5% increased in terms of comparable price and increase amplitude 3.3 percentage points more than the previous year (see chart 1). Effective progress is made in the adjustment of district economical structure. Added value of the secondary industry is 15.886 billion Yuan, 5.6% increased; added value of the tertiary industry is 49.173 billion Yuan, 14.9% increased. The increase amplitude of added value of the tertiary industry is 9.3 percentage points more than the secondary industry and 2.4 percentage points more than the district economy. Structure proportion of the secondary industry to the tertiary industry is 24.4:75.6. Production value of the tertiary industry is increased by 1.3% to the previous year.
➢ Pudong
Pudong New Area lies in the east of Shanghai and Yangtze River delta, with Changjiang estuary to the east, Nanhui and Minghang on the south, and Huangpu River on the west and north opposite to Xuhui, Luwan, Huangpu, Hongkou, Yangpu and Baoshan.
Urban comprehensive function of Pudong New Area is quickly improved in the last 10 more years of Reform and Opening. 4 national development zones are taken as the main carrier and promote the function development.
National economy grows sustain ably and rapidly, with production value increased from 6 billion Yuan in 1990 to 210 billion Yuan in 2005 and doubling that for 2000. The average annual growth rate of district total production value is higher than 15%. New industry system, with advanced manufacturing industry and modern service industry as the leading factor, gets further improved with its gross industrial output value beyond 420 billion Yuan (1/4 of gross industrial value of Shanghai). Among it, the added value of the tertiary industry accounts for 49% or so of the output value. In 2005, total retail sale of consumer goods broke through 40 billion Yuan, and the total volume of foreign export and import amounted to 90 billion dollars, including export trade volume of 37.2 billion dollars.
4 Total investment and Capital source
STTPP is a project of urban infrastructure, for which Shanghai City Government takes the responsibility of construction. The construction fund is made up of domestic fund and Word Bank loan. The total investment of STTPP is 438.5 million Yuan, of which the resettlement cost is 36.57 million Yuan（8.3% of the total）, and the resettlement cost is from domestic fund.
5 Measures to Avoid Affects
In the period of project planning and designing, in order to decrease the impacts to local socio-economic induced by the project; some effective measures are taken by designing institution and project owner:
A、In the period of project planning, while choosing and comparing optimization options, they tried best to consider the impacts on local socio-economic, and took it as key factor for comparing optimization options.2 schemes are made for route of Puxi River-Crossing Pipe: one is laid “along Laomin Road to Huajing Road”; the other is laid “along South Road of Meinan to Fanghe Road”. Through comparison, the first scheme is chosen, for its demolition and environment impact is less than the second.
B、Optimization design. To reduce demolition and resettlement, pipe-jacking construction is adopted in the whole project, no road-surface excavation included. The site for all the working wells is selected far away from house and cultivated land as much as possible. For those affecting house, the site are chosen in the non-body part of the house, such as fencing wall, flooring and so on.
C、In July, 2008, pipeline designing scheme was readjusted and feasibility research report was renewed. Collective land acquisition in Linjiang village, Sanlin Town in Pudong New Area in the previous designing scheme is avoided and resettlement impact is reduced.
In the period of resettlement action plan and implementation, once land acquisition and house demolition cannot be avoided, following measures should be taken to decrease affects on local community:
A、To strengthen collection of basic information, and make further analysis of local socio-economic actuality and future development, and formulate feasible resettlement action plan combining with local real condition, so it can guarantee DPs don't make a loss due to project.
B、To encourage public participation and accept the supervision from the mass. In the compilation of RAP, suggestions of different parties are accepted, especially those of the affected units and persons.
C、To emphasize internal and external monitoring, and set up effective and smooth feedback mechanism and channel, try all best to shorten the period of information treatment, in order to safeguard all kinds of issues, emerging in construction implementation, would be settled timely.
6 Linkage Projects
Sewage collected by the completed trunk in Puxi Section Project will be drained to Bailonggang Sewage Treatment Plant along Southern Transportation Trunk（including Eastern Section of Southern Trunk which will be constructed by Pudong Section Project）, therefore, Pudong Section Project is linked with Puxi Section Project on their function. The total investment in Pudong Section is 3290.3283 million Yuan with a domestic construction and investment. The project is planned to begin in 2010 and be put into operation in the end of 2012. So, resettlement policy frame is compiled for Pudong Section Project.
Project Impacts
1 Project Impact Survey
In April, May and July, according to the requirement of World Bank, Shanghai Urban Drainage Corporation organized together a special investigating group to investigate the impacts of land acquisition and house demolition caused by the project. The mode of combination of investigating households one by one and interview are adopted. It covers the quantity of affected households, family population, condition of affected enterprises and institutes, condition of shops and resettlement option. When the survey was carried out, displaced persons participated in the whole process. The opinions on land acquisition and resettlement of village committee and villagers are taken into consideration and wide discussion is carried out also.
2 Project Impact Scope
The project is concerned about 3 administration districts of Shanghai (Minhang, Xuhui and Pudong), shown in Table 2-1. In August, 2008, according to the latest changing, resettlement investigation team investigated the resettlement impacts of the newly-adding pipeline along Changhua Road. Because pipe-jacking construction measure is adopted, and the working wells having been designed could also be used for the construction of this section, it is affirmed there is no resettlement impacts.
Table 2-1 Villages affected by the project
|Impact Type |Permanent Land Acquisition |Temporary Land Acquisition |
| |
|Of which：Puxi Crossing and Connection Pipe (Bank Financed) |
|Minhang |
|Total |11 |0 |0 |0 |8475 |0 |0 |
| |Huajing Rd. | | | |500 | |None |
| |3# | | | | | | |
| |Linpu Rd. 1# |Pudong |Sanlin |Linjiang | |400 |None |
| |Linpu Rd. 2# | | | | |400 |None |
|Total |1125 |800 |None |
Table 2-3 List of temporary state-owned land occupation
|Project Name |Working Well |District |state-owned land (m2) |Affected Unit |
| | | |Road |Virescence Belt |Other | |
|Puxi River-crossing and |Laomin Rd. 1# |Minhang | | |625 |Meilong Gas |
|connection pipe | | | | | |Station |
| |Huajing Rd. 1# |Xuhui |300 | |200 |Xuhui Gym |
| |Huajing Rd. 2# | |400 |100 | |City Planning and |
| | | | | | |Gardening |
| | | | | | |Department |
| |Huajing Rd. 4# | | |625 | |Huajing Park |
| |Outer Ring Rd. 1# |Pudong |200 |800 | |Gardening |
| | | | | | |Department |
| |Outer Ring Rd. 2# | |200 |800 | |Gardening |
| | | | | | |Department |
| |Outer Ring Rd. 3# | |100 |2200 | |Gardening |
| | | | | | |Department |
|Total |1200 |4525 |825 | |
3 Affected Enterprises
5 enterprises are affected by the project: 1 is in Minhang District, and 4 are in Xuhui District. 2 enterprises are on the collective land, and the other 3 are on the state-owned land. 2285 m2 houses are demolished, including 1100m2 storehouses, 1000m2 brick-mixed storied building, 155m2 brick-mixes bungalow, 30m2 simple houses. 3345m2 auxiliary buildings are demolished, of which 290m2 bounding wall, and 3055m2 grounds. Details could be seen in Table 2-4.
Table 2-4 List of Affected Enterprises
|Project Name |Working Well |Enterprise |House Demolition |Remark |
| | | |Main Building（m2) |Auxiliary Building（m2) | |
| |Rd. |No. |
| |Minhang |Xuhui |Pudong | |
|Affected enterprises |Quantity |1 |4 | |5 |
| | Of which：Enterprises of which the houses are |0 |2 | |2 |
| |rented from village | | | | |
| | Enterprises of which the houses are |1 |2 | |3 |
| |owned by the legal person and constructed in | | | | |
| |state-owned land | | | | |
| |Affected Population |3 |18 | |21 |
| | Of which：Manager and Legal Person |3 |18 | |21 |
| | Employee |/ |/ |/ |/ |
4 Affected Infrastructure and Ground Attachments
There are 5 ground attachments affected by the project, including street trees, watch boxes, virescence belt, canals, and so on. See details in Table 2-6.
Table 2-6 Affected Infrastructure and Ground Attachments
|Item |Affected Infrastructure and Ground Attachments |
| |Name |Unit |Quantity |
|Puxi River-crossing and |Street trees |/ |8 |
|connection pipe | | | |
| |Watch boxes |set |1 |
| |Virescence belts |m2 |3000 |
| |Overhead pipeline |Communication cable (type of six) |KM |12 |
| | |High pressure electric pole |/ |1 |
| | |Communication copper cable (type of 4) |KM |0.1 |
| | |Aerial cable (type of 4) |KM |0.2 |
| | |Street lamp pole |/ |1 |
| | |Aerial electric pole |/ |1 |
| |Underground pipeline |Water pipe (type of 300) |KM |0.04 |
| | |Water pipe (type of 250) |KM | |
| | |Communication copper cable (type of 2) |KM |4 |
| | |Electric cable (type of 2) |/ |2 |
Analysis on Resettlement Impacts
To know project impacts, according to the requirements of the world bank, in May, 2008, investigation on land acquisition and house demolition were carried on to Puxi River-crossing and connection pipe project, by a special investigation team organized by Shanghai Urban Drainage Corporation and Shanghai Design Institute, and analyses were made to different resettlement impacts. During the process of resettlement impacts investigation, there is no minority population, and the investigation team affirmed no minority area in the project area.
1 Impacts Analysis on Temporary Land Acquisition
An area of 8475 m2 (12.7mu) is temporarily occupied in the project, including collective land 1925 m2 (2.9mu) and state-owned land 6550 m2 (9.8mu). Its temporary occupation period is below one year, and the land will be leveled and recovered immediately after construction.
In the temporarily acquired collective land, 1125m2 is land for the tertiary industry, and 800 m2 is greenbelt. The houses on the affected land for the tertiary industry are all rent out for commercial use. For the amount of the affected land for the tertiary industry is little and it’s dispersed, no stop-production is caused to the impacted enterprises. The affected plants for greening etc. could be recovered with little effect.
Road and greenbelt take the main part in the temporarily-occupied state-owned land, totally 5725 m2（8.6mu）,the rest occupied land is the road or site of some enterprises, totally to be 825 m2 (1.2mu) based on the investigation. State-owned road and greenbelt could get immediate recovery after the occupation period and little impact is caused. Through on-site survey, no impact will be caused to the operation of the enterprises by the land occupation.
2 Impacts Analysis on Enterprises
Five enterprises are affected in the project, 2 of which rent rural collective housing for the tertiary industry, and the rest three of which are the direct property owner. Through investigation, houses of the 5 enterprises are little affected, so no impact will be caused to its regular production or operation and no direct effect will be caused to its workers.
House demolition of the affected 5 enterprises is divided into 2 parts: one is of the main body part and the other is of the auxiliary buildings (such as fencing wall and site).
As to the main body part demolition: 4 enterprises are partly demolished, including houses, storehouse, or simple houses; and 1 enterprise which has been bankrupted is totally demolished.
As to the auxiliary building demolition: all the 5 enterprises are involved, with only a little impact.
Effect to each enterprise are shown in Table 3-1
Table 3-1 Impact to each enterprise
|Enterprise |Impact analysis |
| |Main building |Impact |Auxiliary building |Impact degree |
| | |degree | | |
|Meilong gas station |Partly demolished, the affected house is |Tiny |Only part of the fencing |Tiny |
| |for storage. | |wall and site with a | |
| | | |small area is affected | |
|Shanghai Zhangqing Commercial |Storehouse is partly demolished. |Tiny | |Tiny |
|and Trade Co., Ltd. | | | | |
|Xuhui Gymnasium |Simple house is partly demolished, which |Tiny | |Tiny |
| |is used as doorkeeper pavilion. | | | |
|Lingzhi Electrical Device |Simple house is partly demolished, which |Tiny | |Tiny |
|Company |has been abandoned. | | | |
|Shanghai Zhuan Co., Ltd. |Totally demolished |Small | |Small |
Legal and Policy Framework
1 Laws and Policies Referred in Resettlement
➢ The Land Administration Law of P.R.C. (effective on January 1 1999, revised in August 28, 2004)
➢ The Urban Real Estate Administration Law of P.R.C. (effective on January 1, 1995)
➢ The Urban House Demolition Administrative Regulations (effective on January 1, 2001)
➢ Shanghai Implementation Measures on Land Administration Law of PRC (Shanghai government, No.41 in 2000)
➢ Implementing Rules of Shanghai Municipality for the Administration of Urban Houses Demolishment (Shanghai government, No.111 in 2001)
➢ The Measures of Rural House Demolition Management for Urban Construction in Shanghai (effective on February 1, 2000)
➢ The Measures of Granting Land Use Right in Shanghai (effective on October 30, 1996)
➢ Compensation Standard for Collective Land and property Acquisition in Shanghai (trial implementation) (Hu Fang Di zi [2005] No. 203)
➢ World Bank OP4.12 Involuntary Resettlement and Appendix (January 1st 2002)
2 Resettlement Policies of the Project
All the resettlement policies carried out in this project are under resettlement policies of P.R.C, Shanghai People's Government and of the World Bank, Minhang District Government, Xuhui District Government, Pudong New Area Government and World Bank.
1 Resettlement Policy of Demolished Enterprise
➢ Appraisal
The replacement price of demolished enterprises and establishments should be appraised by legal and qualified real estate evaluation institution. The compensation price of demolished houses should be made on the basis of benchmark price issued by the government when the House Demolition License is granted, considering house location, construction structure, construction area, floor, fitment and other elements. Before the appraisal price is confirmed, the appraisal institution should take the affected persons’ suggestion into consideration.
➢ Resettlement Policy
Demolishing the enterprises of which the houses are rented from collective economic group’s houses for tertiary industry:
Through investigation, impact on enterprises of this type is little. After negotiation among project unit, village committees and enterprises, the monetary compensation would be adopt, and the compensation fund for building should be obtained by the village economic group who is the property owner. By affirming together, project owner and enterprise owners agree that resettlement is unnecessary because the project has no impact on the management and production activity.
Because the land on which the enterprises houses are demolished is acquired temporarily, the project owner would entrust the construction units to recover the land, and the village economic group would resume the former buildings on the ground, when the construction is completed (might be 1 year).
Demolishing the enterprises of which the houses are on the state-owned land and owned by the legal persons or managers:
Through investigation, and after negotiation between project owner and principal of demolished enterprises, it is determined to adopting monetary compensate to the lightly demolished enterprises (except Shanghai Zhuan Co., Ltd.)
Because the land on which the enterprises houses are demolished is acquired temporarily, the project owner would entrust the construction units to recover the land, and the enterprises themselves would resume the former buildings on the ground, when the construction is completed (might be 1 year)
All the buildings of Shanghai Zhuan Co., Ltd. Would be demolished, however, the monetary compensation would be adopt because the enterprise has been shutoff even before this project, and all the production and business activities are stopped.
2 Compensation Policy for Affected Ground Attachments
Affected infrastructure and ground attachment will be compensated by project construction institutes and be reconstructed by owners. Those that have brought into engineering project will be reconstructed by project construction institutes.
Compensation Standard
The compensation standard is decided according to the above legal framework and actual conditions in the affected municipalities.
1 Compensation Standard for State-owned Land
Through investigation, the state-owned land to be permanently acquired has been programmed as ecological and greening land, so the land would be obtained by remising way. As to the land remising price, in the first half year of 2008, PMO negotiated with Shanghai Housing and Land Administration Bureau, Shanghai Planning Bureau, Shanghai Construction Committee and so on several times. Finally the remising price is determined as following.
Remising price: 1600 thousand Yuan/Mu。
2 Compensation for temporary land acquisition
The temporary land acquisition of this project involves rural collective land, enterprises’ land, and other state-owned land. By consulting with the affected collective economic groups, enterprises and relevant units, the compensation standard is made as follows:
➢ Rural collective land[3]
Temporary land acquisition fee：24 Yuan/m2 per year（Minhang, Xuhui）
22 Yuan/m2 per year（Pudong）
Common virescence compensation: 300 Yuan/ m2
➢ State-owned virescence belt（According to compensation standard of temporary greenbelt acquisition in Shanghai）
Temporary land acquisition fee（According to greenbelt of level 1）：
3 Yuan/ m2 per year
Virescence belt compensation: 450 Yuan/ m2
3 Compensation for house demolition
1 Rural non-residential house
Rural non-residential houses of this project include the houses on the collective land for the business activity of enterprises and shops. Because the land where the houses locate would not be permanently acquired, the demolished houses would only be compensated according to the buildings’ value. The detail compensated standard is made on the basis of Compensation Standard for Collective Land and Property Acquisition in Shanghai (trial implementation). See Table 5-1.
Table 5-1 Compensation standard of rural non-residential houses
|Type |Content |Unit |Compensation Standard（Yuan/unit） |Remark |
|Main |Brick-mixed bungalow |M2 |526 | |
|Building | | | | |
| |Storehouse |M2 |418 | |
| |Simple house |M2 |150 | |
|Auxiliary |Fencing wall |M2 |140 | |
|Building | | | | |
| |Ground |M2 |82 | |
2 Urban non-residential houses
Urban non-residential houses of this project include enterprises’ houses on the state-owned land. According to Implementing Rules of Shanghai Municipality for the Administration of Urban Houses Demolishment and the lowest compensation price of urban house demolition, the standard is made as follows:
Table 5-2 Compensation standard of urban non-residential house
|Type |District |Standard（Yuan/m2) |
|Main Building |Xuhui |3700 |
| |Minhang |3590 |
|Simple House |150 |
|Fencing Wall |140 |
|Ground |82 |
4 Compensation for the impacts on enterprises production and operation
Because it is a type of pipeline project, the demolition would not cause stopping production to the enterprises, however, considering the construction period might be half a year to one year, the project management office decides to give proper compensation which would be calculated by the demolished house area, after negotiating with affected units. The standard is made as follows:
➢ Enterprises on the collective land：250Yuan/m2；
➢ Enterprises on the state-owned land：300Yuan/m2。
5 Compensation standard for infrastructures
After the negotiation with relevant property owners, the compensation standard for infrastructures is made as following:
Table 5-3 Compensation standard for infrastructures
|No. |Name |Unit |Standard(Yuan/unit) |
|1 |Street trees |/ |2500 |
|2 |Watch box |/ |50000 |
|3 |Overhead pipeline | | |
|3.1 |Ventilation cable (type of six) |KM |180000 |
|3.2 |High pressure electric pole |/ |200000 |
|3.3 |Communication copper cable (type of 4) |KM |200000 |
|3.4 |Aerial cable (type of 4) |KM |1200000 |
|3.5 |Street lamp pole |/ |230000 |
|3.6 |Overhead electric pole |/ |40000 |
|4 |Underground pipeline | | |
|4.1 |Water pipe (type of 300) |KM |1340000 |
|4.2 |Water pipe (type of 250) |KM |1000000 |
|4.3 |Communication copper cable (type of 2) |KM |240000 |
|4.4 |Electric cable (type of 2) |KM |40000 |
6 Other compensation standard
According to the resettlement impact types and relevant standard in Shanghai, following standard is made in Table 5-4.
Table 5-4 Relevant cost and fee
|No. |Item |Standard |Receiving object |
|1 |Fee of reconnaissance, design |3% of the total land acquisition and house demolition| |
| |and scientific research |fund | |
|2 |Management fee of |5% of the total land acquisition and house demolition| |
| |implementation |fund | |
|3 |Technical training fee |3% of the total land acquisition and house demolition| |
| | |fund | |
|4 |Contingency cost |10% of the total land acquisition fund and house | |
| | |demolition fund | |
|5 |External monitoring fee |2% of the total resettlement fund |Exterior Monitoring Unit |
|6 |Internal monitoring fee |1% of the total resettlement fund |Interior Monitoring Unit |
Resettlement Scheme
1 Resettlement Objectives
The displaced persons should be ensured to gain compensation for all of their loss, to share project benefit by proper resettlement and good restoration, to provide subsidy for their temporary difficulties, and to increase their income level, living standard or at least to restore them. Enterprise production, profit making abilities should be improved or at least equal level prior to the beginning of project implementation. Considering the resettlement impact analysis (see Chapter 3), the resettlement scheme is made.
2 Resettlement Principles
1 Principle of Reducing Resettlers as much as possible
With the characteristics of zonal construction in the project, the design direction can be altered properly to reduce the affected area of the project as much as possible, so as to reduce resettlers.
2 Principle of Equally Compensating
In order to ensure resettlers’ living standard do not decrease because of project, principle of equally compensating should be employed which including two parts, one is to compensate property by replacement cost, the other one is to compensate as actual for other damages.
1. Resettlement family shall gain resettlement house whose transportation, all kinds of affiliated facilities and surroundings is equal to the original house or the same value of original house.
2. The enterprises will keep original organizational chart and house scale with same functions to restore original business environment as much as possible or gain the same valuable compensation. Meanwhile, production stop and shutout affected by project should be compensated, which is called shutout compensation.
3. Public facilities will be restored fully and their functions should not be lower than original level at least to guarantee unmoving residents’ natural living in the surroundings of project.
4. Those who do not affected temporarily and those whose property has been damaged partly but no need to move, equal compensation will be allocated too.
3 Principle of Focusing on Emphasis
1. The vulnerable groups should be paid attention in the project (such as the old who has no adult children living together with, widows, single family, the handicapped, chronic patients and poor families). In movement, the preferential policies including housing, employment will favor them. Meanwhile, after movement regular re-visit will be done too for help to particular difficulties until transferring them to local civil governmental departments.
2. Project will plan exploitative movement to mobilize local governments’ power to carry out resettlers’ employment training and create employment opportunity as much as possible to accustom resettlers to resettlement environment in short time, therefore to transfer the responsibilities of resettlement from resettlement organizations to resettlers themselves.
3. Project will try its best to maximize cost and benefit of resettlement to develop resettlement ability of the organizations, to standardize resettlement behavior, to establish perfect inside control system, to prevent fund wasting, cutting, embezzling and corrupting to utilize resettlement funds well to reach best resettlement effect; that is to say, in indicators of enacted resettlement effect, project is to try best to reduce resettlement cost.
3 Restoration of Temporarily-Occupied Land
Resettlement scheme is established under combination with analysis on impacts of temporary land acquisition and full consultation with the APs. The scheme is shown as following:
➢ Affected village
The village economic group should obtain the temporary land acquisition compensation according to standard;
After the construction period, the construction unit should level and recover the land.
➢ Affected enterprises who rent the village’s buildings for tertiary industry
For those enterprises, they could obtain compensation on the affected production and operation, on basis of the standard consulted and confirmed by project office and the affected units;
And after construction, the construction units are required to be in charge of land-leveling.
➢ Enterprises on the affected state-owned land
For enterprises on state-owned land, they could obtain compensation on the affected production and operation, on basis of the standard consulted and confirmed by project office and the affected units;
And after construction, the construction units are required to be in charge of land-leveling.
➢ Landscape greening department
Landscape greening department will obtain monetary compensation on its greening belt according to the actual value;
And could get temporary land acquisition fee;
After construction, the construction units are required to be in charge of land-leveling.
➢ Municipal road department
After the period of temporary land occupation, the construction units are in charge of road recovery.
4 Resettlement for non-residential houses demolition
1 Demolished enterprises
For the demolished enterprises, because the resettlement impact is little (see chapter 3.4), moving and stopping-production is not caused, and there is no need to resettle any person. Of which:
Enterprises of which the houses are rented from collective economic groups’ houses for tertiary industry, the demolition compensation fund would be given to village economic group directly, and then village economic group should give proper compensation to the enterprises according to the use of the houses. Detail compensation way and standard should be determined on the basis of negotiation result. When the construction period is finished, the project owner should entrust the construction unit to level and recover the ground and the village economic group should rebuild the former buildings (fencing wall etc.) for the enterprises
For the enterprises of which the houses are owned by the legal persons or managers, they will directly get the compensation fund for the demolished buildings. The permanently acquired land is only the land where Shanghai Zhuan Co., Ltd locates, and the land of the other 3 enterprises would be leveled and recovered after the construction, so the enterprises could rebuild the former buildings with the compensation fund. The land where Shanghai Zhuan Corporation locates has been programmed as ecological and greening land by Xuhui District Government, so the land would be acquired by remising way after negotiating with land administration department, planning department and greening department in Xuhui District. The remising fee would be paid to Housing and Land Administration Bureau of Xuhui. Now Shanghai Zhuan Corporation is bankrupted, so the monetary compensation would be adopt through negotiation between the principal of the corporation and the project owner.
5 Affected Infrastructure and Ground Attachment
The affected infrastructure and ground attachments should be compensated to ownership enterprises by project organizations and then reconstructed by the ownership enterprises.
The rehabilitation measures on demolished facilities should be planned and disposed in advance. And in the actual implementing, due to different conditions different measures should be made for safety, high efficiency, being in time and exact to reduce bad effect on the surrounding groups as much as possible.
As for the affected municipal public facilities, the demolishers should demolish according to project’s stakes map on the principle of no impact on project construction to reduce movement as much as possible. As for movement of the affected pipelines, demolishers should reconstruct (or remove) before demolish to ensure nature living of residents along the lines including the residents who do not need to move.
Public Participation
1 Public Participation and strategy
According to national, Shanghai policies and regulations about land acquisition and demolition, project should protect the legal rights of displaced persons and enterprises reduce the discontent and dispute. So, at the rebuild and construction of project, displacement and resettlement policy and implementation rules, resettlement plan should be prepared well to achieve the goal of resettlement successfully and this project pays much attention to consult with displaced person and listen to their opinions on resettlement policy, plan and implementation.
During the project preparing phase--feasibility study phase, Shanghai Urban Drainage Corporation has consulted the opinions and suggestion on resettlement and the project from affected persons and units.
Publish the RAP. The RAP will be placed in Shanghai Urban Drainage Corporation and on the webpage of affected towns after it is approved by World Bank. May 2008, and will be propagated the notice in local newspapers so that DPs and Non-governmental Organizations can look it up. Main contents of RAP are compiled as information handbook of displaced persons, which should be put out to enterprise and representative shops after project was evaluated before the movement. Main contents of information handbook of displaced persons are: general situation of project, project effects, compensation policy, implementing agency, appeal channel, etc.
2 Public Participation Process and Policy Disclosure
To correctly and timely deal the problems and requests of affected persons occurred in land acquisition and house demolition, further consultation should be carried out so that all problems can be solved before the implementation of RAP. Resettlement implementation institutes will arrange public participation meetings, so as to provide affected persons with opportunity to consult with resettlement implementation institutes before signing demolition compensation contract.
Table 7-1 Public Participation Process of Affected Population
|Time |Place |Participator |Content |Remark |
|April, 2008 |Affected township |Representatives from township |Social economic |Resettlement impact during |
| |government |government and affected units |investigation, |the social economic |
| | | |resettlement impact |investigation period |
| | | |investigation | |
|May, 2008 |Hangnan Village, Meilong |The representative of cadres |Compensation and |Primary negotiation in |
| |Town, Minhang District |of villages, affected units |resettlement policy and |preparation for resettlement |
| | |and persons |the draft resettlement |plan |
| | | |scheme | |
|May, 2008 |Affected township |Representatives from township |Compensation and |Further negotiation of |
| |government |government and affected units |resettlement policies and |compensation policies and |
| | | |resettlement programming |rehabilitation plan in |
| | | | |amending resettlement |
|May, 2008 |Shanghai Jingyang Real |Representatives from project |Resettlement policies and |Makeup negotiation for |
| |Estate Company |owner unit and Shanghai |particular questions of |particular questions in final|
| | |Jingyang Real Estate Company |programming |version of resettlement |
Table 7-2 Policy Disclosure Process
|Item |Publicizing Type and used |Date |Place |
| |language | | |
|Project introdution |Chinese，project introduction |March, 2008 |Affected town |
| |handbill | | |
|General introduction of |Chinese, prophase estimation |April, 2008 |Affected town |
|information on land acquisition |handbill | | |
|and house demolition | | | |
|Land acquisition and house |Chinese, policy test |April, 2008 |Affected town |
|demolition policy of Shanghai | | | |
|Notice on publishing RAP |Chinese, RAP text |After approval from World Bank |Community |
|Publicizing the RAP on newspaper |Chinese, newspaper |August, 2008 |Newspaper |
|RAP information brochure |Chinese, delivered to the APs |After approval from World Bank |Community |
|RAP |Chinese，English |After approval from World Bank |Libraries |
Greivance and Complaint Procedure
During the compilation and implementation of project resettlement plan, the affected people and institutions were and will be always put a high value upon and the grievance mechanism was established. Four phases of grievance are as follows：
Chart 8-1 Grievance and Complaint Procedure
Institution
1 Resettlement Agency
To ensure the smooth implementation of this RAP, organizations should be established for the planning, harmonizing and monitoring of resettlement activities. The institutions responsible for planning, implementation, management and monitoring of resettlement activities involved in STTPP are:
➢ Shanghai Develope and Reform Committee
➢ Shanghai Construction and Management Committee
➢ Shanghai Water Affairs Bureau
➢ Shanghai Urban Drainage Co., Ltd
➢ Shanghai Urban Planning and Administration Bureau
➢ Shanghai Housing and Land Administration Bureau
➢ Demolition Management Office of Districts
➢ Shanghai Municipal Designing Institution
➢ Resettlement Monitoring Agency
Shanghai Develop and Reform Committee & Shanghai Construction and Management Committee is responsible for land acquisition, demolition, directing resettlement implementation, making policy and examining the RAP.
Shanghai Water Affairs Bureau is responsible for coordinating the administration work, collecting the special capital of water affairs and answer for the appeal from APs.
Shanghai Urban Drainage Co., Ltd is responsible for coordinating the project construction work and contacting with World Bank, such as:
• Entrusts designing institutes to define the scope of affected area.
• Appeals to municipal planning bureau for “License of planning using land”, and to housing and land administration bureau for “License of construction land” and “License of house demolition”.
• Investigates all the residential houses and enterprises in the range of land acquisition area.
• Signs agent agreements with demolition units in the district.
• Answer for the persons or units affected by demolition.
Shanghai Urban Planning Administration Bureau: check the application of “License of planning using land” from Shanghai Urban Drainage Corporation and the approval documents for the preliminary design, affirming the land acquisition range, and granting “License of planning using land”.
Shanghai Housing and Land Administration Bureau: granting “License of construction land” and “License of house demolition”, and monitoring the implementation of resettlement process.
Demolition management office of Districts: is the main agency of resettlement, Measuring and check the land acquisition area, land property, affected population and investigating the land using situation, resettlement activity, and comparing with RAP.
Shanghai Municipal Design Institution: affirming the project design and demolition area.
Independent Resettlement Monitoring Agency: monitoring the resettlement activity.
2 Organization Chart
[pic]
3 Responsibilities
1 Shanghai Develop and Reform Committee, Shanghai Construction and Management Committee & Shanghai Water Affairs Bureau
➢ Responsible for directing, organizing, coordinating, making policies, reviewing the RAP, implementing interior inspection and making decision of important issues in resettlement.
2 Shanghai Urban Drainage Co., Ltd
➢ Entrusts designing institutes to define the scope of affected area.
➢ Organizes to conduct socio-economy survey.
➢ Consults and organizes the RAP, and participates in its compilation
➢ Implements RAP
➢ Arranges and coordinates the implementation of RAP according to project construction schedule
➢ Appropriates fund and supervises its use
➢ Organizes and carries out internal monitoring, chooses and determines external monitoring institution and coordinates external monitoring activities.
➢ Organizes and carries out internal monitoring, chooses and determines external monitoring institution and coordinates external monitoring activities.
➢ Check the monitoring report
➢ Deals with conflicts and complains
➢ Regularly submits reports on land acquisition progress, utilization of fund, the implementation quality and so on
3 Shanghai Urban Planning and Administration Bureau & Shanghai Housing and Land Administration Bureau
➢ Carries out related national policies and regulation of project construction land.
➢ Participates in examining compensation rate for land acquisition and attachments.
➢ Goes through approval procedures for land acquisition.
➢ Participates in socio-economic survey.
➢ Participates in compiling and examining RAP.
➢ Issues prejudication report of construction land.
➢ Directs, coordinates and supervises land acquisition and resettlement implementation activities.
➢ Assists to coordinate and resolve conflicts and problems in the process of land acquisition and money-transferring.
4 Demolition Management Office and water affair bureau of Districts
➢ Participates in socio-economy survey.
➢ Consults to compiling resettlement methods with affected units and participate compiling RAP.
➢ Approval for related demolition formality.
➢ Conducts information management of land acquisition, house demolition and resettlement.
➢ Assists to resolve issues in resettlement.
5 Shanghai Municipal Designing Institution
➢ Reduces project effects through optimization of design.
➢ Determines affected scale of land acquisition and house demolition.
6 Resettlement Monitoring Agency
As an independent monitoring institution, it will monitor each aspect of RAP and its implementation, and submit independent monitoring and evaluating report to Shanghai Urban Drainage Co., Ltd. and the World Bank. Detailed responsibilities are as follows:
(1) Carries out socio-economy survey in programming areas;
(2) Evaluates detailed impacts and restoration of DPs’ production and livelihoods;
(3) Analyzes data;
(4) Monitors the whole process of RAP implementation, and submits monitoring report to Shanghai Urban Drainage Co., Ltd and the World Bank. The detailed responsibilities of the institute are explained in the part of external monitoring and evaluation.
4 Organization Ability and Staffing
The leading team of the project is composed of Shanghai City Government and cadres of the administration departments. They are full of experiences, and can organize and coordinate the resettlement activity well.
Resettlement agency is equipped well and the staffs are professional. The information channel is smooth. The management and implementation agencies have good communication and transportation equipments. There are 22 professional staffs, even more as 43 during high peak period. Details could be seen in Table 9-1.
Table 9-1 staffing of the resettlement institutes involved in the project
|Resettlement institutes |Full-time staff|Staff at peak |Staff composition |
| |(person) |hours (person) | |
|Shanghai Develop and Reform Committee |2 |3 |Governmental personnel |
|Shanghai Construction Management Committee |2 |4 |Governmental personnel, engineering |
| | | |technician |
|Shanghai Water Affiair Bureau |2 |3 |Governmental personnel, engineering |
| | | |technician |
|Shanghai Urban Drainage Co., Ltd. |3 |7 |Governmental personnel, engineering |
| | | |technician |
|Shanghai Planning Administration Bureau |2 |3 |Governmental personnel, engineering |
| | | |technician |
|Shanghai Housing and Land administration Bureau |2 |4 |Governmental personnel, engineering |
| | | |technician |
|Demolition Management Office of District |3 |7 |Governmental personnel, engineering |
| | | |technician |
|Shanghai Municipal Design Institution |2 |4 |Senior engineers, engineers |
|Independent Exterior Monitoring Agency |4 |8 |Experts on resettlement and sociologists |
|Total |22 |43 | |
5 Measures for Strengthening Institutional Capacity
➢ In November and December 2007, engineering technicians of Shanghai WB Project Office have provided training for staffs on land acquisition, house demolition and resettlement, including the World Bank OP4.12, related land acquisition and demolition laws, socio-economic survey theory and methods etc.
➢ Before the implementation of RAP, the staffs will receive trainings about resettlement operation rules of the World Bank, the regulations of land acquisition and house demolition, implementation and management of resettlement, in order to increase the professional quality and the abilities of policy-handling.
➢ In the implementation of RAP, it is planned to organize key staffs engaging in resettlement to study and investigate other domestic projects financed by World Bank, and offer resettlement policy training and other professional training to them. Meanwhile, skill trains will be provided to strengthen employment capacity of affected persons irregularly.
➢ To ensure that funds and equipment can be obtained in time to increase work efficiency.
➢ Rational division of labor; establish and improve the reward and punishment system for staffs of land acquisition, house demolition and resettlement to arouse their initiative.
➢ To establish a demolition and resettlement information management system. With its help, 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 team.
➢ To strengthen report system and internal monitoring, and resolve the problems promptly.
➢ To strengthen the independent monitoring and evaluation. The independent monitoring and evaluation institution should promptly report to relevant department about the problems and provide suggestions to solve them.
Table of Implementation Schedule
1 Principle of Progress Joint of Resettlement and Construction
According to the schedule, the project is to be finished from July, 2009 to June, 2012, and the involved civil construction will be completed in December, 2011. For the project is carried on by stages and effects occur by stages, the schedule for resettlement goes with the schedule of each sub-project. The main work is planned to begin in June, 2009 and end in November, 2011. The basic principles of connecting the projects are as following:
➢ Land acquisition and house demolition should be finished one month before project begins. The time to start the project will be decided on the basis of land acquisition, house demolition and resettlement.
➢ Before project begins, enough time should be reserved for land acquisition, house demolition and resettlement.
2 Timetable of Key Tasks in Resettlement Implementation
1 Principles of Scheduling
➢ Land acquisition and demolition scope of the project will be eventually decided based on each sub-projects’ designing plan and should be finished before the actual measurement and calculation of land acquisition and demolition.
➢ The measurement and calculation of the affected objects will be done, before signing resettlement compensation agreement, jointly by Shanghai Urban Drainage Corporation, related departments and property owners according to red-line maps.
➢ Shanghai Urban Drainage Corporation holds mobilization meetings with attendants of re-settlers and the demolished enterprises to publicize relevant policies of land acquisition, demolition and compensation and resettlement methods before signing resettlement compensation agreement. After the meeting, the notice of land acquisition and demolition should be publicized officially.
➢ Resettlement and compensation agreement with the demolishers and the demolished should be signed after the actual measurement and calculation, and notice of land acquisition and demolition.
➢ Infrastructure should be constructed before demolition.
➢ Compensation fund should be settled and released after signing agreement and before moving.
➢ Resettlement work should be examined to make the re-settlers satisfied.
2 Overall Schedule of Resettlement
According to the preparation and implementation progress, the overall schedule of resettlement in this project is drafted. Proper adjustment will be made due to some little deviation from the plan. Details are shown in Table 10-1.
Table 10-1 Schedule for land acquisition and house demolition
[pic]
Expense and Budget
1 Expense
Expense in the process of land acquisition and resettlement should be included in the general budget. Based on the price of July, 2008, total expense of resettlement compensation is about 36.57 million Yuan, among which, 17.60 million Yuan is for permanent state-owned land acquisition, accounting for 48%; 2.33 million Yuan is for compensation on temporary land occupation, accounting for 6.4%; compensation for house demolition is 4.75 million Yuan (total to be non-residential house), accounting for 13%; compensation for enterprises on impacts of their production and operation is 0.63 million Yuan, accounting for 1.7%; compensation for infrastructures and ground attachments is 4.1736 million Yuan, accounting for 11.41%; all kinds of tax & fee is 7.08 million Yuan, accounting for 19%. Resettlement cost estimation is shown in Table 11-1.
Table 11-1 Budget for resettlement compensation
|No. |Item |Unit |Amount |Compensation standard |Cost (Yuan) |Percentage |
| | | | |(Yuan/unit) | | |
|1.1 |Land remising fee |Mu |11 |1600000 |17600000 |48.13% |
|2 |Compensation on temporary land acquisition| | | |2334425 |6.38% |
|2.1 |Collective non-agricultural land | | | |284600 |0.78% |
|2.1.1 |Temporary land acquisition fee |m2 |1125 |24 |27000 |0.07% |
| | | |800 |22 |17600 |0.05% |
|2.1.2 |Common virescence compensation |m2 |800 |300 |240000 |0.66% |
|2.2 |State-owned land | | | |2049825 |5.61% |
|2.2.1 |Temporary green-land acquisition fee |m2 |4525 |3 |13575 |0.04% |
|2.2.2 |Greenbelt |m2 |4525 |450 |2036250 |5.57% |
|3 |Non-residential house demolition | | | |4753550 |13.00% |
|3.1 |House demolition of enterprises on | | | |4260950 |11.65% |
| |state-owned land | | | | | |
|3.1.1 |Main house |m2 |1000 |3700 |3700000 |10.12% |
| | |m2 |155 |3590 |556450 |1.52% |
|3.1.2 |Simple house |m2 |30 |150 |4500 |0.01% |
|3.1.3 |Fencing wall |m2 |290 |140 |40600 |0.11% |
|3.1.4 |Site |m2 |2655 |82 |217710 |0.60% |
|3.2 |Non-residential house demolition on | | | |459800 |1.26% |
| |collective land | | | | | |
|3.2.3 |Store-house |m2 |1100 |418 |459800 |1.26% |
|3.3 |Auxiliary house | | | |32800 |0.09% |
|3.3.1 |Site |m2 |400 |82 |32800 |0.09% |
|4 |Compensation for enterprises on impacts of| | | |630500 |1.72% |
| |their production and operation | | | | | |
|4.1 |Enterprises on collective land |m2 |1100 |250 |275000 |0.75% |
|4.2 |Enterprises on state-owned land |m2 |1185 |300 |355500 |0.97% |
|5 |Infrastructures and ground attachments | | | |4173600 |11.41% |
|5.1 |Street trees |/ |8 |2500 |20000 |0.05% |
|5.2 |Watch box |/ |1 |50000 |50000 |0.14% |
|5.3 |Overhead pipeline | | | |2890000 |7.90% |
|5.3.1 |Ventilation cable (type of six) |KM |12 |180000 |2160000 |5.91% |
|5.3.2 |High pressure electric pole |/ |1 |200000 |200000 |0.55% |
|5.3.3 |Communication copper cable (type of 4) |KM |0.1 |200000 |20000 |0.05% |
|5.3.4 |Aerial cable (type of 4) |KM |0.2 |1200000 |240000 |0.66% |
|5.3.5 |Street lamp pole |/ |1 |230000 |230000 |0.63% |
|5.3.6 |Overhead electric pole |/ |1 |40000 |40000 |0.11% |
|5.4 |Underground pipeline | | | |1213600 |3.32% |
|5.4.1 |Water pipe (type of 300) |KM |0.04 |1340000 |53600 |0.15% |
|5.4.2 |Water pipe (type of 250) |KM |0.12 |1000000 |120000 |0.33% |
|5.4.3 |Communication copper cable (type of 2) |KM |4 |240000 |960000 |2.63% |
|5.4.4 |Electric cable (type of 2) |KM |2 |40000 |80000 |0.22% |
|Subtotal of items 1-5 | | | |29492075 |80.65% |
|6 |Other taxes and fees | | | |7078098 |19.35% |
|6.4 |Fee of reconnaissance, design and |3% of the total land acquisition and house |884762 |2.42% |
| |scientific research |demolition fund | | |
|6.5 |Management fee of implementation |5% of the total land acquisition and house |1474604 |4.03% |
| | |demolition fund | | |
|6.6 |Technical training fee |3% of the total land acquisition and house |884762 |2.42% |
| | |demolition fund | | |
|6.7 |Contingency cost |10% of the total land acquisition fund and |2949208 |8.06% |
| | |house demolition fund | | |
|6.8 |External monitoring fee |2% of the total resettlement fund of items |589842 |1.61% |
| | |1-5 | | |
|6.9 |Internal monitoring fee |1% of the total resettlement fund of items |294921 |0.81% |
| | |1-5 | | |
|7 |Total |36570173 |100.00% |
2 Annual Capital Utilizing Plan
According to implementation schedule of the project, annual disbursement plan of resettlement compensation was compiled. Details are shown in Table 11-2.
Table 11-2 annual investment plan
|Year |2009 |2010 |2011 |Subtotal |
|Investment (104 Yuan) |1463 |1097 |1097 |3657 |
|Proportion (%) |40% |30% |30% |100% |
3 Resettlement Capital Resource
According to the project schedule, engineering capital comes from loans of domestic and foreign bank and financial transfer and all resettlement capital comes from owners.
4 Capital Flow and Allocation Plan
1 Capital Flow
To ensure that the compensation can be paid to the DPs timely and sufficiently according to the compensation policy and compensation rate in RAP, the capital flow in this project is as following: Shanghai Urban Drainage Corporation directly pays the relevant tax fee to the affected units and Land and House Management Bureau, and at the same time, deposits house demolition compensation, land compensation and resettlement subsidy in bank or credit cooperative based on related agreements. Then the bank or credit cooperative pays the money to affected streets or communities; Young crop compensation and non-residential house demolition compensation will be directly paid to the DPs. Infrastructure compensation and ground attachment compensation are paid to related departments or individuals.
Capital flow is shown in Chart 11-1.
[pic]
Chart 11-1 Capital flow
2 Allocation and Management
[1] All the expenditure related to demolition and resettlement should be included in the overall budgetary estimate of the project.
[2] Land compensation and house demolition compensation should be allocated before land acquisition and house demolition to ensure appropriate resettlement to DPs.
[3] To ensure land acquisition and resettlement of a smooth implementation, all kinds of financial and supervising organizations should be established to ensure all funds on position in time.
Monitoring and Evaluation
To ensure a smooth implementation of RAP and achieve the aim of properly resettled, according to the requirements of the World Bank Operational Policies OP4.12 and ; the project will monitor and evaluate the implementation of land acquisition and house demolition and resettlement activities regularly. Independent monitoring bodies have two parts: internal monitoring and independent external monitoring.
Internal monitoring is carried out by Shanghai Urban Drainage Corporation, to ensure that land acquisition and house demolition is implemented according to the principle and timetable of RAP. The purpose of internal monitoring is to make resettlement agencies keep good functions in implementation process.
Independent monitoring is carried on to provide a tracking, monitoring and evaluation of land acquisition, house demolition, resettlement and APs’ productivity & living standard by an organization independent from the project implementation agencies. Independent monitoring agency will follow the resettlement activities to evaluate whether the goals of resettlement are achieved through observing RAP, the application of the laws of P.R.C. concerned on resettlement, compliance with the principles of the World Bank’s Operational Directive O.P. 4.12 on Involuntary Resettlement, an improvement in the standards of living of the DPs or at least maintenance of the former living standards. The Independent Monitoring Institution provides suggestions to the institutions for demolition implementation, so as the problems encountered in the implementation can be resolved in time.
1 Internal Monitoring
Shanghai Urban Drainage Co., Ltd operates an internal monitoring mechanism to detect resettlement activities. The project office builds a basic database of land acquisition and house demolition and resettlement and uses it to work out RAP, monitor all the resettled households, demolished agencies and shops, and carry out internal monitoring on the whole preparation and implementation process.
1 Implementation Procedures
During the implementation, based on the monitoring samples, Shanghai Urban Drainage Co., Ltd. collects and records resettlement information, and will make regular supervision to the project resettlement.
In the above monitoring mechanisms, there is a continuous flow of information with a regular format, to make information correct and clear. As the important component of the internal monitoring system, Shanghai Urban Drainage Corporation, Shanghai Municipal (district) Land and Natural Resource Bureau will carry out periodic supervision and verifications.
2 Monitoring Content
➢ Resettlement for rural re-settlers
➢ Payment of compensation for re-settlers
➢ Compensation on residential house demolition and resettlement
➢ Compensation on demolition for enterprises and institutions and shops, and resettlement
➢ Restoration and reconstruction of infrastructure
➢ Staffing, training, working schedule and effectiveness of the institutions
➢ Registration and disposal of complain and appeal from re-settlers
3 Internal Monitoring Report
Shanghai Urban Drainage Corporation will compile an internal monitoring report and submit it to the World Bank every half year.
2 External Monitoring and Evaluation
1 Independent Monitoring Institute
Shanghai Urban Drainage Corporation will retain independent monitoring institute to carry out external monitoring and evaluation.
Independent monitoring institution will periodically monitor and evaluate the implementation of RAP, including the progress, quality of resettlement, utilization of funds. It will give advice and suggestions. After tracking monitoring DPs’ living standard and production condition, the independent monitoring institution will submit monitoring and evaluation reports to the World Bank.
2 Monitoring Procedure and Contents
⑴To compile working outline for M&E
⑵To develop software of resettlement M&E information system
⑶To prepare survey outline, questionnaire forms, and recording card of DPs, sampling enterprises and institution
⑷To design sampling-investigation scheme
Sampling scale: for effect in the project is little, complete sampling investigation is adopted.
⑸Basement survey
A basement survey is carried out on the households and the enterprises and institutions affected by land acquisition and house demolition, so as to obtain basement data about their living standards and production condition (including living, business and income).
⑹To establish monitoring and evaluation information system
A monitoring and evaluation information system is established in which all the data are classified and stored in different databank in computer for convenience to analysis and tracking monitoring.
⑺To conduct monitoring survey
➢ Capacity evaluation to resettlement implementation institution: doing survey on its working ability and efficiency
➢ The progress, compensation standard and payment of resettlement
➢ Impact analysis on land acquisition and house demolition
➢ Monitoring shops: on allocation of compensation, the houses for resettlement, moving progress, production restoration, workers’ income, and resettlement quality
➢ Monitoring enterprises and institutions: on allocation of compensation, land acquisition for new site, house building, moving progress, production restoration, income restoration, resettlement quality
➢ Restoration measures for Vulnerable group
➢ Public facility: monitoring on allocation of compensation, rehabilitation of its functions, reconstruction progress
➢ Public consultation: participation in compiling RAP and DPs’ participation during implementation, monitoring effects of participation
➢ Appeal of re-settlers: monitoring registration and disposal of DPs’ appeal
⑻To sort monitoring data and to establish databank
⑼To conduct comparing analysis
⑽To compile M&E report based on monitoring plan
➢ In June 2009, independent monitoring and evaluation team is established to compile working outline;
➢ In July 2009, preparation should be made for independent monitoring and evaluation, including: working out survey outline and questionnaire, establishing monitoring system, definition task, and choosing monitoring sites;
➢ In Sept 2009, to submit M&E report No.1 (baseline survey report)
➢ Monitoring and evaluation cycle should be reasonably arranged on basis of the actual resettlement progress, until resettlement effect is restored;
➢ To compile post-evaluation report after finishing resettlement.
3 Monitoring Indicator
➢ Socio- economic indicator: income per capita, GDP, employment rate
➢ Institution indication: staff composition, staff quality, regulations, equipment, efficiency
➢ Re-settlers affected by land acquisition and occupation: compensation fund appropriative rate, production resettlement measure, income changing rate, satisfaction level to resettlement
➢ Demolished residents: compensation fund appropriative rate, satisfaction level to resettlement
➢ Shops: compensation fund appropriative rate, business housing, location changing, operation environment changing, changing rate of worker income, satisfaction level to resettlement
➢ Enterprises and institutions: compensation fund appropriative rate, satisfaction level to resettlement
➢ Infrastructure: compensation fund appropriative rate, and function restoration rate
4 Post Evaluation
After completing the project, based on monitoring and evaluation, post-evaluation will be carried out on resettlement activities. The experiences of success and the lessons to be drawn from land acquisition, resettlement etc. will be summed up to contribute to resettlement in the future. Post evaluation will be conducted by external independent monitoring and evaluation agency entrusted by Shanghai Urban Drainage Corporation. The independent monitoring and evaluation agency should compile working outline of post-evaluation and develop evaluation indicators. It will conduct socio-economic analysis survey, compile post-evaluation report on resettlement of Puxi Section Project of STTPP in Bailonggang Area, and submit it to the World Bank.
Entitlement Matrix
Table 13-1 Entitlement Matrix
|Types of affected |DPs |Compensation and resettlement policy |Standard |
|Enterprise and |Demolish 2285m2 |Enterprises on the state-owned land |Obtain compensation for enterprises on building demolition and impacts to its |Main house：3700Yuan/m2 |
|institution |enterprises’ houses, |(holding house property right) |production and operation |(Xuhui）、3590Yuan/m2 (Minhang）； |
|demolition |3345m2 attached | | |Simple house：150Yuan/m2； |
| |buildings. (5 | | |fencing wall：140Yuan/m2； |
| |enterprises are | | |Site：82Yuan/m2； |
| |affected, 2 renting | | |Compensation on impacts to production and |
| |rural collective houses| | |operation：300Yuan/m2。 |
| |for the tertiary | | | |
| |industry, 3 being the | | | |
| |direct property owners)| | | |
| | |Enterprises |Property owner (rural|Obtain compensation on building demolition |Brick-concrete plain house：526Yuan/m2； |
| | |(renting house) |collective economic | |Store house: 418Yuan/m2； |
| | | |organization) | |Simple house：150Yuan/m2； |
| | | | | |Fencing wall：140Yuan/m2； |
| | | | | |Site：82Yuan/m2； |
| | | |Lessee (enterprises) |Obtain compensation on impacts to its production and operation |Compensation on impacts to production and |
| | | | | |operation：250Yuan/m2。 |
|Temporary land |Temporarily acquire |Land users |Rural collective |Compensation should be paid according to the occupation time and the loss |Compensation on temporary land |
|occupation |1925m2 collective land | |economic organization|After land occupation, the occupied land should be recovered and provided with |occupation:24Yuan/m2（Minhang, |
| |，of which there are | | |compensation on temporary land occupation |Xuhui）、22Yuan/m2（Pudong New Area） |
| |800m2 collective | | | |Compensation on common |
| |greenbelt; | | | |greening：300Yuan/m2。 |
| |Temporarily acquire | | | | |
| |6550m2 state-owned | | | | |
| |land, of which there | | | | |
| |are 4525 state-owned | | | | |
| |virescence belt. | | | | |
| | | | | |Compensation on temporary land |
| | | | | |occupation：150Yuan/m2。 |
| | | |Landscaping and |Compensation should be paid according to the occupation time and the loss, and |Compensation on temporary land |
| | | |greening bureau |after land occupation, the occupied land should be recovered and provided with |occupation：3Yuan/m2； |
| | | | |compensation on temporary Greenland occupation |Compensation on greenbelt：450Yuan/m2。 |
| | | | |Get compensation on afforestation seedlings | |
|Ground attachment |Totally affect 5 types|Property owners |Compensation to units with property rights, from project unit | |
| |of public | | | |
| |infrastructures and | | | |
| |ground attachments, | | | |
| |including common | | | |
| |street trees, watch | | | |
| |box, virescence belt, | | | |
| |overhead pipeline, | | | |
| |underground pipeline. | | | |
Appendix1. Project Sketch Map
[pic]
Note: The line in red color is the project scope.
Appendix2. External Monitoring and Evaluation Framework
A. Objectives of resettlement monitoring and evaluation
According to the request of the World Bank OP4.12 operational guidelines , Annex 3 of technical papers NO.80 and to independently monitor and evaluate resettlement of Puxi Section Project of STTPP in Bailonggang Area, Shanghai. By checking the progress, fund, management of residential housing demolition and resettlement, and enterprise’s relocation and resettlement, project resettlement is tracked to evaluate. When regularly (two times a year) reporting to the World Bank, project office and the relevant administration department, the independent external monitoring agency should also provide information and suggestion for each unit for reference in making decisions. Through independent monitoring and evaluation, the World Bank and the administration department could full know whether house demolition and resettlement is done on time and achieves the desired objectives in quality, point out the problems and put forward suggestions to improve them.
B Main content of monitoring and evaluation
(1) Monitoring and evaluation of procedure in temporary land acquisition
➢ Including: ①acquisition period；②compensation；③recovering progress;
(2) Progress of demolition and resettlement of enterprise
➢ Including: ①house demolition progress and compensation；②resettlement；③production restoration.
(3) Capital implementation and monitoring & evaluation
➢ including：①availability of fund appropriation；②fund using（planned and actual）.
(4) Monitoring and evaluation of resettlement living level
➢ including：①living condition before house demolition；②living condition after house demolition；③comparative analysis and evaluation of employment and living level before and after house demolition
(5) Resettlement Organization Ability assessment and public participation, complaint
C Technical route
Technical route of external monitoring and evaluation is shown in the following.
D External monitoring organization
The external monitoring and evaluation of the resettlement is carried out the external monitoring organization approved by the World Bank entrusted by Shanghai Urban Drainage Co., Ltd.
E Organization and division of resettlement monitoring and evaluation
➢ External monitoring organization composes of “resettlement monitoring and evaluation team” being responsible for the specific survey, data collecting, analysis of monitoring and evaluation, and reviewing the results.
➢ According to the involuntary resettlement policy of the World Bank, monitor and evaluate the project resettlement, take charge of preparing the framework of monitoring and evaluation, set monitoring site, be responsible for monitoring and investigation on the spot and analysis of the business, and be responsible for preparing the report of resettlement monitoring and evaluation.
F Methods to resettlement monitoring and evaluation
➢ Monitoring and evaluation use a combination method of spot investigation, counting analysis and expert comprehensive assessment.
➢ The investigation is done from point to side. The progress, fund, organization and management of implementation need to be fully investigated. Sampling survey is done to resettled households.
➢ Sampling survey uses the method of classification random sampling to track to investigate typical sampling resettled households. The sampling proportion: 50% of demolition-affected enterprises.
➢ Comprehensive survey uses the method of survey formats, informal discussion, and inquiry of documents and files and so on.
➢ Except textual information, pay attention to collecting photographs, audio, video, and other physical information.
G External monitoring and evaluation report
External monitoring unit hands in M&E report to Shanghai PMO/Shanghai Urban Drainage Co., Ltd. and the World Bank every half-year.
Appendix3. Resettlement Information Booklet
It is a part of information publication work to notify the policies of land acquisition, house demolition, compensation, payment for discharges, the treatment of complaints as well as accusation procedures. The project IAs shall distribute the Handbooks to the affected villages and APs before close measures and investigation.
A. Project background
1. Project scope
The service region of STTP belongs to Bailonggang area, of which, the north is in the southern side of Zuyuan, the west is in the Minhang boundary, the south is in the Minhang boundary and Nanhui airport express way, the east is in the Changjiang River. The area of service region is 1255km2, and the population is 7120 thousands. STTP includes Western Section Project of Southern Trunk and Southern Trunk Transportation Perfecting Project (STTPP). Presently the western section project has been completed and connected with middle trunk to the Bailonggang Sewage Treatment Plant. Because the actual sewage quantity has disparity with the planning, the eastern section project of southern trunk is suspended. STTPP in Bailonggang area) includes eastern section project and Puxi River-Crossing Pipe and the connection pipe.
2. Project components
STTPP could be divided into 2 parts: Pixy Section Project, including Puxi River-Crossing Pipe, the connecting pipe, and the pumping station; Pudong Section Project, including East Section of Southern Transportation Trunk and Pudong collecting branches. Shanghai Urban Drainage Corporation, as the project owner, plans to apply World Bank loan to Puxi Section Project, and compile Resettlement Action Plan (RAP). As to Pudong Section project, construction would be done with domestic capital, however, the project scope has not been confirmed, and so Resettlement Policy Framework (RPF) is compiled.
B. Project Impacts
The project is concerned about 3 administration districts of Shanghai (Minhang, Xuhui and Pudong), 2 villages, and 3 towns/streets in Huangyuan County.
Table 1 Villages affected by the project
|Project Name |District |Township/Street |Village |
|Puxi river-crossing and |Minhang |Meilong |/ |
|connection pipe | | | |
| |Xuhui |Huajing |Huapu |
| |Pudong |Sanlin |Linjiang |
11 Mu state-owned lands are occupied permanently by river-crossing pump station of Puxi Section Project.
Temporarily occupied land in this project is caused by the pavement for working wells. Both collective land and state-owned land are temporarily occupied, including 1925 m2 (about 2.9 Mu) temporary collective land occupation, and 6550 m2 (about 9.8 Mu) state-owned land.
5 enterprises are affected by the project: 1 is in Minhang District, and 4 are in Xuhui District. 2 enterprises are on the collective land, and the other 3 are on the state-owned land. 2285 m2 houses are demolished, including 1100m2 storehouses, 1000m2 brick-mixed storied building, 155m2 brick-mixes bungalow, 30m2 simple houses. 3345m2 auxiliary buildings are demolished, of which 290m2 bounding wall, and 3055m2 grounds.
5 enterprises and 21 persons are affected. Details could be seen in the following table.
Table 2 Project Impacts Persons
|Item |Shanghai |Subtotal |
| |Minhang |Xuhui |Pudong | |
|Affected enterprises |Quantity |1 |4 | |5 |
| | Of which：Enterprises of which the houses are |0 |2 | |2 |
| |rented from village | | | | |
| | Enterprises of which the houses are |1 |2 | |3 |
| |owned by the legal person and constructed in | | | | |
| |state-owned land | | | | |
| |Affected Population |3 |18 | |21 |
| | Of which：Manager and Legal Person |3 |18 | |21 |
| | Employee |/ |/ |/ |/ |
C. Resettlement Policies
1. Policies basis
➢ The Land Administration Law of P.R.C. (effective on January 1 1999, revised in August 28, 2004)
➢ The Urban Real Estate Administration Law of P.R.C. (effective on January 1, 1995)
➢ The Urban House Demolition Administrative Regulations (effective on January 1, 2001)
➢ Shanghai Implementation Measures on Land Administration Law of PRC (Shanghai government, No.41 in 2000)
➢ Implementing Rules of Shanghai Municipality for the Administration of Urban Houses Demolishment (Shanghai government, No.111 in 2001)
➢ The Measures of Rural House Demolition Management for Urban Construction in Shanghai (effective on February 1, 2000)
➢ The Measures of Granting Land Use Right in Shanghai (effective on October 30, 1996)
➢ Compensation Standard for Collective Land and property Acquisition in Shanghai (trial implementation) (Hu Fang Di zi [2005] No. 203)
➢ World Bank OP4.12 Involuntary Resettlement and Appendix (January 1st 2002)
2. Policy objectives
(1) The compensation and titles gained by the affected people shall at least enable them to maintain the same living standards as “without project” or even better;
(2) In the preparatory stage of this subproject, social and economic survey must be conducted before compiling corresponding resettlement plan;
(3) All affected people regardless of the legal titles shall be entitled to get compensation and demolition assistance;
(4) Vulnerable groups shall receive special assistance and treatment so that they can live better.
(5) All displaced people and the original residents within the resettlement area shall be benefited from the project construction.
(6) The affected people shall have good understanding of the qualification, means and standards of compensation, livelihood and restoration plan as well as project construction arrangement etc., and participate in the implementation of the resettlement plan.
D .Arrangement of the implementing agency
To ensure the smooth implementation of this RAP, organizations should be established for the planning, harmonizing and monitoring of resettlement activities. The institutions responsible for planning, implementation, management and monitoring of resettlement activities involved in STTPP are:
➢ Shanghai Develope and Reform Committee
➢ Shanghai Construction and Management Committee
➢ Shanghai Water Affairs Bureau
➢ Shanghai Urban Drainage Co., Ltd
➢ Shanghai Urban Planning and Administration Bureau
➢ Shanghai Housing and Land Administration Bureau
➢ Demolition Management Office of Districts
Shanghai Develop and Reform Committee & Shanghai Construction and Management Committee is responsible for land acquisition, demolition, directing resettlement implementation, making policy and examining the RAP.
Shanghai Water Affairs Bureau is responsible for coordinating the administration work, collecting the special capital of water affairs and answer for the appeal from APs.
Shanghai Urban Drainage Co., Ltd is responsible for coordinating the project construction work and contacting with World Bank, such as:
• Entrusts designing institutes to define the scope of affected area.
• Appeals to municipal planning bureau for “License of planning using land”, and to housing and land administration bureau for “License of construction land” and “License of house demolition”.
• Investigates all the residential houses and enterprises in the range of land acquisition area.
• Signs agent agreements with demolition units in the district.
• Answer for the persons or units affected by demolition.
Shanghai Urban Planning Administration Bureau: check the application of “License of planning using land” from Shanghai Urban Drainage Corporation and the approval documents for the preliminary design, affirming the land acquisition range, and granting “License of planning using land”.
Shanghai Housing and Land Administration Bureau: granting “License of construction land” and “License of house demolition”, and monitoring the implementation of resettlement process.
Demolition management office of Districts: is the main agency of resettlement, Measuring and check the land acquisition area, land property, affected population and investigating the land using situation, resettlement activity, and comparing with RAP.
E. Grievance Procedure
During the compilation and implementation of project resettlement plan, the affected people and institutions were and will be always put a high value upon and the grievance mechanism was established. Four phases of grievance are as follows：
F. Entitlements Matrix
|Types of affected |DPs |Compensation and |Standard |
| | |resettlement policy | |
|Enterprise and |Demolish 2285m2 |Enterprises on the state-owned land|Obtain compensation for |Main house：3700Yuan/m2 |
|institution |enterprises’ houses,|(holding house property right) |enterprises on building |(Xuhui）、3590Yuan/m2 |
|demolition |3345m2 attached | |demolition and impacts |(Minhang）； |
| |buildings. (5 | |to its production and |Simple house：150Yuan/m2； |
| |enterprises are | |operation |fencing wall：140Yuan/m2； |
| |affected, 2 renting | | |Site：82Yuan/m2； |
| |rural collective | | |Compensation on impacts to |
| |houses for the | | |production and |
| |tertiary industry, 3| | |operation：300Yuan/m2。 |
| |being the direct | | | |
| |property owners) | | | |
| | |Enterprises |Property owner |Obtain compensation on |Brick-concrete plain |
| | |(renting house) |(rural collective |building demolition |house：526Yuan/m2； |
| | | |economic | |Store house: 418Yuan/m2； |
| | | |organization) | |Simple house：150Yuan/m2； |
| | | | | |Fencing wall：140Yuan/m2； |
| | | | | |Site：82Yuan/m2； |
| | | |Lessee |Obtain compensation on |Compensation on impacts to |
| | | |(enterprises) |impacts to its |production and |
| | | | |production and operation|operation：250Yuan/m2。 |
|Temporary land |Temporarily acquire |Land users |Rural collective |Compensation should be |Compensation on temporary |
|occupation |1925m2 collective | |economic |paid according to the |land |
| |land，of which there| |organization |occupation time and the |occupation:24Yuan/m2（Minhang|
| |are 800m2 collective| | |loss |, Xuhui）、22Yuan/m2（Pudong |
| |greenbelt; | | |After land occupation, |New Area） |
| |Temporarily acquire | | |the occupied land should|Compensation on common |
| |6550m2 state-owned | | |be recovered and |greening：300Yuan/m2。 |
| |land, of which there| | |provided with | |
| |are 4525 state-owned| | |compensation on | |
| |virescence belt. | | |temporary land | |
| | | | |occupation | |
| | | | | |Compensation on temporary |
| | | | | |land occupation：150Yuan/m2。|
| | | |Landscaping and |Compensation should be |Compensation on temporary |
| | | |greening bureau |paid according to the |land occupation：3Yuan/m2； |
| | | | |occupation time and the |Compensation on |
| | | | |loss, and after land |greenbelt：450Yuan/m2。 |
| | | | |occupation, the occupied| |
| | | | |land should be recovered| |
| | | | |and provided with | |
| | | | |compensation on | |
| | | | |temporary Greenland | |
| | | | |occupation | |
| | | | |Get compensation on | |
| | | | |afforestation seedlings | |
|Ground |Totally affect 5 |Property owners |Compensation to units | |
|attachment |types of public | |with property rights, | |
| |infrastructures and| |from project unit | |
| |ground attachments,| | | |
| |including common | | | |
| |street trees, watch| | | |
| |box, virescence | | | |
| |belt, overhead | | | |
| |pipeline, | | | |
| |underground | | | |
| |pipeline. | | | |
-----------------------
[1] Normally, the cut-off date is the date the census begins. The cut-off date could also be the date the project area was delineated, prior to the census, provided that there has been an effective public dissemination of inf牯慭楴湯漠桴牡慥搠汥湩慥整湡祳瑳浥瑡捩愠摮挠湯楴畮畯楤獳ormation on the area delineated and systematic and continuous dissemination subsequent to the delineation to prevent further population influx.
[2] Replacement Cost means the method of valuing assets to replace the loss at market value plus any transaction costs. When this method is adopted, the depreciation of construction and property is left out of account.
[3]For the rural land, no matter which type and usage of the land are, the compensation standard would be made according to vegetable land of 5 crops a year. It means the compensation standard would be calculated as 5 times of the young crops compensation standard of vegetable land. However, there is no young crops compensation for the land, because the affected land is not used for agricultural planting, but for tertiary industry.
-----------------------
Local social-eco. investigation
Phase 4ÿIf displaced persons are still unsatisfied with the decision of phrase 3, they could appeal to people court during 15 days according to administration procedure law.
PhasePhase 4：If displaced persons are still unsatisfied with the decision of phrase 3, they could appeal to people court during 15 days according to administration procedure law.
Phase 3：If displaced persons are still unsatisfied with the decision of phrase 2 or get no answer from local housing management office after 15 days, they could appeal to Shanghai Housing and Land Administration Bureau (SHLAB) during 3 months. And SHLAB should make a decision during 1 month.
Phase 2：If displaced persons are still unsatisfied with the decision of phrase 1, they can appeal to local housing management office after being noticed the decision. At the same time, demolished persons who have dissensions about the appraisal results, they could appeal to Shanghai Real Estate Assessor Committee for further appraisal.
no
Affected enterprise
Affected household
Demolition company
The end
Establish information system of monitoring and evaluation
Basement survey
Design sampling investigation programme
Whether completing resettlement monitoring
Township government, Village Committee
Independent monitoring agency
Village committee
Bank or credit coorperative
towns
District Construction Committee, District Water Affair Bureau, and demolition management department
House and land management bureau
Working out M&E report
Project construction and Administration Agency
Project design Agency
Property owners of ground attachent
District Planning Bureau
City government
City Construction Committee
Shanghai Urban Dainage Co., Ltd
City Planning Bureau
City Water Affair Bureau
City Housing and Land Administration Bureau
City Develope and Reform Committee
Phase 4：If displaced persons are still unsatisfied with the decision of phrase 3, they could appeal to people court during 15 days according to administration procedure law.
Phase 3：If displaced persons are still unsatisfied with the decision of phrase 2 or get no answer from local housing management office after 15 days, they could appeal to Shanghai Housing and Land Administration Bureau (SHLAB) during 3 months. And SHLAB should make a decision during 1 month.
Phase 2：If displaced persons are still unsatisfied with the decision of phrase 1, they can appeal to local housing management office after being noticed the decision. At the same time, demolished persons who have dissensions about the appraisal results, they could appeal to Shanghai Real Estate Assessor Committee for further appraisal.
Phase 1：If the affected persons feel damaged by resettlement activity, they could appeal by verbal or paper way to: (1) Resettlement office in Shanghai Urban Drainage Corporation; (2) Local Housing Management Office. If by verbal way, disposal and written record are needed, and the relevant agencies should solve it in 2 weeks.
Residents house
Counterpart funds of project owner
Comparative analysis and assessment
The affected units and streets or communities of the APs
办公室（宁波市自来水总公司）
Shanghai Urban Drainage Corporation
Tidy monitoring data, establish database
Monitor affected communities
Monitor affected households
Monitoring of
implementation organization
Monitoring investigation
Establish survey program, survey format, and record cards of typical household
Work out an outline of monitoring and evaluation
establishment
Puxi Section Project of Southern Transportation Trunk Perfecting Project of Bailonggang Area, Shanghai
——Funded by World Bank
ect
ng Project in Shanghai
——Funde
by World Bank
Enterpris
and institutions
shops
The APS
Phase 1：If the affected persons feel damaged by resettlement activity, they could appeal by verbal or paper way to: (1) Resettlement office in Shanghai Urban Drainage Corporation; (2) Local Housing Management Office. If by verbal way, disposal and written record are needed, and the relevant agencies should solve it in 2 weeks.
RP707
V3
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