General Report on Migrant Resettlement Plan

Transcription

1 Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized RP563 V1 General Report on Migrant Resettlement Plan Xi an Urban Comprehensive Transportation Improvement Project The World Bank Evaluating Version Authorized by Xi an Development and Reform Committee Shaanxi Academy of Social Science

2 Contents Purpose of Resettlement Action Plan and Definition of Resettlement Terms... i 1.General Purpose of the project construction Project background Contents of the project Measures to reduce migrants Policy Goals of this report Analysis on the Affected Object Index by the Project The affected land The affected houses for households The affected non- household houses The affected Enterprises and units The affected individually-owned business The affected over-ground attachment The affected population The affected population of minorities The affected weak group Law and Policy Laws and Regulations of People s Republic of China Regulations and Policy of Shaanxi Province Regulations and Policy of Xi an Policy of World Bank Resettlement Policies on migrations of the Project Policies on compensation for Permanent land acquisition Principles of migrants resettlement for land acquisition Principle on resettlement for rural relocated residents The resettlement principle of demolished and Relocated shops and enterprise Policy on affected over-ground objects attached to the land Compensation standards i

3 4.1Land requisition compensation standards Compensation standards for residential housing Compensation standards for non-residential housing Public facilities and ground fixtures compensation standards Proposals for Migrants Work and Life Resuming The resettlement target The resettlement principles Minimization of migrants principle Equivalent compensation principle Keystone preferential principle General Scheme of the Migrants Resettlement The layout of residence rebuilding Production restoration scheme Organizatio and management of the removal implementation Training programme The utilization of resettlement fund and security guarantee The resettlement scheme of the individually-owned business The resettlement scheme of the enterprises The removal and rebuiding plan of the special facilities Public Participation and Information Publication Public participation modes Process of public participation Appeal The appeal-accepting organization Appeal procedure Institute Organization and Duties Executing organ Implementing organ Coordination organ Internal supervision organ ii

4 8.5 External supervision organ Plan Implementation Implementing procedure Land requisition and compensation Production resetting and restoration Progress arrangement Budget and Source of Funds Estimation of removal and resettlement fees Source of fund Fund appropriation Monitor and Evaluation Inner monitor Exterior monitor Table of Rights and Interests APPENDIX: Migrants Removal Plan on Xi an Urban Road Network Improvement Project Migrants Removal Plan on Huxian County Urban Road Network Improvement Project Migrants Removal Plan on First Stage of Weiyang Palace Han Dynasty Road Protection Project Policy Framework on Migrants Removal of Xi an Public Traffic Improvement Project Migrants Removal Plan on Xi an Urban Air Pollution Comprehensive Supervision and Prevention Project VI Migrants Removal Plan on The bus hub of urban south Improvement Project iii

5 Purpose of Resettlement Action Plan and Definition of Resettlement Terms Resettlement Action Plan (RAP) is made according to relative State and local laws and regulations of People s Republic of China and a series of articles or clauses in the World Bank Operational Polices for Involuntary Resettlement OP4.12. The purpose of the document is to formulate an action plan for the resettlement and recovery of project affected persons to ensure that they will benefit from the project and enjoy a better life or to at least maintain their former life standards after the accomplishment of the project. The acquisition of land and other properties involved in the projects will affect those who work or live on the land. The Project Affected Persons (PAPs) is defined as following: The so-called Project Affected Persons refers to those whose living standards have been or will be influenced negatively because of the implementation of the project, or those whose house ownership, rights or interests, land (including house site, farmland and pasture) or other personal estate or real estate have been acquired or occupied temporally or for a long time; or those whose business, profession, work, residence or habit have been affected negatively. The Affected may be individuals or legal persons like corporations or public agencies. In the definition of the Project Affected Persons, no restriction is posed on their lawful registration, permit for life or business scope in the affected area, nor is the compensation for their properties restricted. The affected persons include: (1) All the affected persons regardless their lawful rights, interests, and their presence during acquisition of their properties. (2) Those with no residence permit in particular districts. Compensation should be conducted to all the persons affected by the Project to improve or at least maintain their living standards. Besides, compensation should be conducted for the lost properties by their replacement cost, rather than by depreciation or other excuses resulting in the decrease or discount of compensation amount. All those affected by the Project should gain rights and interests from the influence of the project. Furthermore, besides compensation on the loss of their properties, subsidy should be granted for their recovery. With regards to those persons i

6 who run businesses, reclaim land, or construct without permit of properties, rights and interests, or legal residence but are affected by the Project, they should be treated the same as those with formal legal properties, rights and interests, and permits, and they are qualified to renew their lives and gain compensation for properties. Definition to Resettlement Resettlement refers to the arrangement for the PAPs in terms of production and lives for their benefits from the project. It mainly includes: (1) Relocation of living sites; (2) Reemployment of those affected in terms of their work; (3) Recovery (or compensation) for the affected land, working place, trees and infrastructure, etc. (4)Recovery work conducted for those negatively affected in terms of their living standards or (life quality) because of acquisition and resettlement. (5) Recovery or compensation for individuals or public enterprises; (6) Recovery for the negative influence in terms of culture or collective properties. Definition for Recovery Recovery means to renew the abilities of PAPs to continue their productivities or to lift or at least maintain their lives to the level prior to the Project. The purpose of the RAP is to provide a resettlement recovery plan for the PAPs to make their loss compensated and their living standards improved or at least maintained to the level prior to the Project. To achieve this goal, recovery measurements have been provided in the plan to recover the income of the PAPs for them to sustain their life. Likewise, the affected business and productive resources (including shops and enterprises), public properties, infrastructure and cultural properties will also be improved or at least recovered to the previous level.

7 1.General 1.1 Purpose of the project construction The lag of municipal transportation in Xi an city is the prominent problem in the economic and social development and is also a handicap in raising the residents living standard. Especially in the recent years, with the 3 rd Ring-Road system completed, the new traffic problems caused by urban expansion, rapid development of economy, increasing numbers of vehicles and people s individualized demands for the transportation are becoming more serious. In order to bring in the international advanced managing ideas of municipal transportation, the technology and the fund, improve Xi an municipal comprehensive transportation systematically and thoroughly, and to optimize the layout of the city, raise the status of the city, improve the investing environment and quicken the adjusting of the industry, Xi'an municipal government proposed Xi'an Comprehensive Urban Transport Improvement Project. This project aims to improve the environment of Xi'an municipal transportation. It mainly solves problems of incomplete road network in and around the old city, the backward transportation controlling system, preventing and controlling transportation pollution on environment as well as protecting cultural heritage and relics in the old city. The implementation of the project may fundamentally improve Xi'an municipal comprehensive transportation system, alleviate the contradiction between vehicles and roads, improve the air quality, strengthen the protection of cultural heritage and relics in Xi'an city, speed up the adjustment of Xi'an municipal space layout, perfect Xi'an urban overall function promote Xi an city s status, improve the environment of investment and residence and meet the need for a rapid and healthy development of economy and society in Xi'an In order to rightly guide the work of land acquisition and migrants removal involved in the implementation of the project and to properly allocate the affected people to make sure that their production and life can be improved or at least restored to the previous level and finally to make them benefited from the project, the proect office of Xi an Municipal Development and Reform Committee entrusts Shaanxi Social Science Academy with the task to work out plans in terms of the World Bank s policy on non-voluntary migrants and the proceeding requirements of OP/BP4.12. The plans include Migrants Removal Plan on Xi an Urban Road Network Improvement Project, Migrants Removal Plan on Huxian County Urban Road Network Improvement 1

8 Project, Migrants Removal Plan on First stage of Weiyang Palace Han Dynasty Road Protection Project, Migrants Removal Plan on Urban Air Pollution Comprehensive Supervision and Prevention Project Xi an and Policy Framework on Migrants Removal of Xi an Public Traffic Improvement Project. Migrants Removal Plan on The bus hub of urban south Improvement Project This report is a collection of the above 6 reports 1.2.Project background As the capital city of Shaanxi province, Xi an is one of the four major ancient capitals in the world, enjoying equal fame with Athens, Cairo, and Rome. Xi an was once the capital of thirteen dynasties in Chinese history, including Zhou, Qin, Han, and Tang. Xi an City is in the middle of Guanzhong Plain, between north latitude, east longitude, and with Qinling Mountain in the south, Weihe River in the north. The maximum length from east to west is 204km, and the maximum length from south to north is 116km. It has an overall area of km 2, of which the urban area is 3582 km 2. The total population of Xi'an is 8.23 million, including million resident population and households, which make a population density of 814 persons / km 2. Now Xi an has jurisdiction over 9 districts and 4 counties, namely Xincheng District, Beilin District, Lianhu District, Baqiao District, Weiyang District, Yanta District, Yanliang District, Lintong District and Chang an District as well as Lantian County, Zhouzhi County, Huxian County and Gaoling County. In recent years, with the revival of Xi an Royal City, the protection of heritages and relics, the synthesized development of Xi an-xianyang, and the northward move of the municipal center, the urban framework of Xi an is expanded further and the urban function is also well improved. Centered on the nucleus city and expanding along a shaped transport framework leading to Lintong in the east, to Xianyang in the west, to Sanyuan in the north, to Yanliang in the Northeast, to Lantian in the Southeast, to Huxian in the Southwest and and to Empty Harbor in the Northwest, the whole city is forming a Nine-palace Pattern relying upon the strategic One-city but Multiple-core pattern. Now Xi an is the first largest centre city and a technology-education center in middle-west China. It holds a leading position in the fields of applied technologies, such as aviation, aerospace, weaponry, electronics, machinery, communication, meter, 2

9 optics, light and textile industry and electrical equipment. It is China s manufacturing industry center, inland transportation and communication center, material circulating and trade and commerce center, as well as a historical and cultural tourism center. In recent years, taking the opportunity of developing the west and guided with the urban development idea of internationalization, market, humanization and ecology, Xi an has developed robustly with its advantages in superior geographical position and industries, such as science, technology, education, culture, equipment manufacturing and hi-tech industries. At present, the layout of four zones and two bases has taken shape, which includes the High-tech Industrial Developmental Zone, the Economictechnological Developmental Zone, the New Qujiang Zone and the Canba Ecological Zone as well as Yanliang National Aviation Hi-tech Industry Base and Xi an Aerospace Science and Technology Industry Base. 6 leading industries, such as Highnew-tech industry, equipment manufacturing industry, tourism industry, modern service industry and cultural industry, etc. have been important powers supporting Xi an economy. In 2006, the GDP of Xi an reached up to RMB billion Yuan. Per capita GDP was RMB Yuan. Compared with the previous year, the primary industry, secondary industry and tertiary industry were respectively increased by RMB billion Yuan, RMB billion Yuan and RMB billion Yuan. The annual salary for employed workers was RMB Yuan, Urban Resident s Disposable Income was RMB 10905Yuan, Farmer s Per Capita Disposable Income was RMB 3809 Yuan. Per capita room area for urban resident and farmer were respectively and The total amount of social fix-asset investment reached up to RMB billion Yuan, of which RMB billion Yuan was invested in primary industry, RMB billion Yuan in secondary industry, and RMB billion Yuan in tertiary industry. The yearly investment on four zones and two bases was billion Yuan, of which billion Yuan was invested on High-tech Industrial Developmental Zone, billion Yuan on the Economic-technological Developmental Zone, billion Yuan on the New Qujiang Zone, billion Yuan on the Canba Ecological Zone and billion Yuan on Yanliang National Aviation Hi-tech Industry Base. 3

10 1.3 Contents of the project The project is made up of 6 sub-projects, namely Road Network Improvement Project, Public Transport Project, Traffic Management Improvement Project, Urban Air Pollution Comprehensive Supervision and Prevention Project, Cultural Heritage Protection and Capacity Construction (Technological Aid) Project. There are 4 sub-projects involving migrants removal. They are Road Network Improvement Project (including Xi an City Road Network Construction Project and Huxian County Urban Road Network Construction Project), Public Transport Project, Urban Air Pollution Comprehensive Supervision and Prevention Project, Cultural Heritage Protection (First stage of Weiyang Palace Han Dynasty Road Protection Project). Road Network Improvement Projec Xi an City Road Network Construction Project 6 interchanges(comprehensive traffic controlling project of South Gate and South Huancheng Road, Yuxiang Gate interchange, East Gate interchange, East 2nd Ring Road-North 2nd Ring Road interchange, East 2nd Ring Road- South 2nd Ring Road interchange and Taibai South Road-Zhangba Road interchange) 4 overpass and underpass (Beidadai-Xihuamen underpass, Beidajie-Xiqilu underpass, Youyilu-Wenyilu ring overpass and Youyilu- Taibailu ring overpass). Huxian County Urban Road Network Construction Project 4 roads, namely Meibei Road,Lvgong Road,Xincheng Road and Dongcheng Road. 1 interchange, at Lvgong Road crosses through Xi an-yuxia Railway. Public Transport Project The proposed project includes13 public special routes with a length of km. These ten routes are: Red Flag Factory-Taihua Road-East Ring Road-Taiyi Road-Qujiang, Zhuhong Road- Xinghuo Road-West Ring Road-Taibai Road, Keji Road-Xixieqi Road-Jixiang Road-East Xiaozai, Xilu Road-Xiying Road, the whole Youyi Road, the whole Laodong Road-Gaoxin Road, Jiefang Road-Heping Road-Dayan Pagoda, Hongguang Road-Fenggao Road-Xiguanzheng Street-East and West Street-Shiyuan Road-Huzhu Road-Hansen Road, Hancheng Road-North Zhangba Road, the whole Xingqing Road, Weiyang Road-South and North Street-Chang an Road. east Zhangba Rd(Xiwan Rd-Zhuque sreet) south Ring Rd-Fengqing Rd Middle Xianning Rd-west Xianning Rd-east of south Ring Rd-west of Zhuque Rd(east Zhangba Rd-Zhuque Rd) There are 2 public transport hubs, Textile City Station Hub and City South Station Hub. The 4

11 only preservation yard is the newly-built preservation yard in North outskirt.. Traffic Management Improvement Project The project includes 8 aspects: Regional Traffic Controlling System,Traffic Channelling at crossings, Road Traffic Monitoring System, Comprehensive Traffic Guiding System, Information System Building, Accident Analysis Software\ Accident Checking and Rescuing equipment\ Traffic Safety Program, Road Signs and facilities\traffic information boards on roadside\traffic breaddown auto-examining equipment, and Road users education\ Parking lot improvement\ Passengers and bicycles traffic system improvement. Urban Air Pollution Comprehensive Supervision and Prevention Project The project includes 4 large systems and a center, which respectively are Urban Transport Pollution Discharge Monitoring and Controlling System, Environment and Air Quality Examining System, Air Quality Information Management and Data Analysis System, Supporting and safeguarding System, and the Environment and Air Supervision Center of Xi an City. Cultural Heritage Protection Project Project of Bicycle Road Network inside the city wall of Ming Dynasty By constructing and rebuilding the bicycle lanes in and around the city wall of Ming Dynasty, the problem of vehicles and non-motor vehicles running in disorder in alleys can be solved. The project is planned to be extended to a large area inside the 2 nd ring road. First stage of Weiyang Palace Han Dynasty Road Protection Project 5 Han Dynasty roads planned to be built under protection, namely East-west Road north of the front palace, East-west Road south of the front palace, South-north Road east of the front palace, Huantu Road inside the city wall of Han dynasty, Street outside Xi an Gate. Capacity Construction( technological aid) Project The project mainly deals with personnel training and soft subject research. The latter includes 10 soft items, such as transport programming, parking strategies, Public transport rules, Public transport reform study, plan and analysis of the financial resource, etc. 5

12 1.4 Measures to reduce migrants Xi an Urban Comprehensive Transport Improvement Project involves 6 big subprojects, each of which includes many branch projects. In the designing process, the relevant designing units optimize and compare various plans, and on condition of meeting the need of the project, try to choose the plan with minimal migrants so as to fundamentally reduce the amount of migrants. In order to occupy less farmland, roads, interchanges and other occupied land, larger servicing facilities are designed trying to avoid the farmland and the residential area. At the same time, by optimizing the implementing design, limiting the time of project and reasonably arrange time intervals of demolition and construction, we can reduce the migrants property loss as far as possible. For example, the house demolition and relocation and the reconstruction are generally arranged in the free season and the land utilization generally after the harvests. 1.5 Policy Goals of this report Take engineering, technological and economic measures to avoid or reduce the amount of land acquisition, house demolition, migrants and objects; when the land acquisition and house demolition is unavoidable, take effective measures to reduce the impact on the local production and life. Make demolition & relocation object index and economic subsidy standard the base for the migrants resettlement, aimed to improve or at least restore the migrants production and life to the previous level. Promote technology and skill training for the jobless and hard-living migrants and provide plentiful job opportunities. Encourage the migrants and the residents in the resettlement area to take part in the program of removal and resettlement. Accept the labor of the migrants and the residents in the resettlement area, encourage them to take part in the construction and make them enjoy the benefits of the project. 6

13 2. Analysis on the Affected Object Index by the Project From October 2005 to December 2006, with the participation and help of leaders from local governments, administrative villages and villager teams at all levels and the migrants, the concerned techincians from the project designing unit divided into 5 investigating groups, made a survey on the main object index, including the affected persons, houses and attachments, land, and special establishments. Table2-1 shows the main object index affected by Xi an urban comprehensive transportation improvement project. At this stage, the permanently required land area and demolishion area will be adjusted and located by measure on the spot according to the report of each sub-projects. The areas will be partially adjusted with further designation. Table 2.1 List of the objects affected in Xi an urban comprehensive transportation improvement project. Sub-project item types Xi an city road network construction Huxian County road construction Weiyang Palace Han Dynasty road protection Project of comprehensive supervision, control and prevention The bus hub of urban south total 7

14 protection against air pollution in Xi an city State-owned land mu / / / Land acquisition Collective land mu Sub-total mu household houses m / Houses to be demolished houses for enterprises(workshops) m / Sub-total m / electric poles 382 / / / 382 Roadside trees 3239 / / / 3239 attachments Fruit trees / / / Other trees / / 9000 / 9000 Fish pond mu / / 3.4 / 3.4 Affected population Land acquisition affect (person) / / House demolition of households affect / 667 (person) 8

15 House demolition of non-households affect / 729 (person) Sub-total (persons) The affected land The project involves permanent land acquisition mu, state-owned land mu, collective land mu, as is shown in the following table 2.2. Table 2.2 List of the impact on permanent land acquisition unit mu Items Area of the acquired land category State-owned Collective land land Xi an city road network construction Huxian County road construction / Weiyang Palace Han Dynasty road protection (first stage) The bus hub of urban south / Project of comprehensive supervision, control and prevention against air pollution in Xi an city 60 / 60 Total 2.2 The affected houses for households Three sub-projects of the project involve demolition of houses for households. The total area of the demolition reaches31075 square meters, including square meters for the Xi an city Road Network construction, for the Huxian County Road construction and 7600 for the first period project of protection of Weiyang Palace Han Dynasty Road project. For details sees table

16 2.3 The affected non- household houses Four sub-projects involve demolition and resettlement of the non-household houses, the area of which reaches square meters, including square meters for the Xi an city road network construction, for the Huxian county road construction, for the first period of Weiyang Palace Han Dynasty road protection project and 800 for the Project of comprehensive supervision, control and prevention against air pollution in Xi an city. For details sees table 2.4. Table 2.4 Impact on non- household houses item Xi an city road network construction Huxian County road construction Weiyang Palace Han Dynasty Road Protection Table2.3 List of the affected houses for households Area of household houses m 2 item Brickconcretwoowood Brick- Earth- subtotal simple Xi an city road network / / / construction Huxian County road construction / Weiyang Palace Han Dynasty Road Protection project / 1000 (first stage) total Area of houses for enterprises(workshops) m 2 Sub-total Brickconcrete Brick-wood simple / / / / 10

17 item project (first stage) Area of houses for enterprises(workshops) m 2 Brickconcrete Sub-total Brick-wood simple total The affected Enterprises and units There are altogether 9 enterprises and units affected by the project,of which the Huxian County sub-project affects 1, the Road network project affects 7 and the WeiYang Palace project affect 1. According to the investigation on the spot, only a small part of the buildings of the affected enterprises and units need to be demolished and removed, which will not affect their normal production and operation. For details, see the attached reports of each sub-project. 2.5 The affected individually-owned business Two sub-projects involve 114 individually-owned businesses. Xi an city road network construction affects 88 and HuXian sub-project affects 26. For details see the attached reports of each sub-project. 2.6 The affected over-ground attachment Three sub-projects involve ground attachment and public facilities, including Xi an city road network construction, Weiyang Palace Han Dynasty Road Protection project and HuXian County road facilities construction project. For details see table 2.5. Table 2.5 Influenced over-ground attachment and public facilities in the construction of the Xi an city comprehensive traffic improvement project. items Xi an city road network construction Weiyang Palace Han Dynasty Road Protection project total Electric pole 382 /

18 Roadside tree 3239 / 3239 Fruit tree Fish pond / / other tree / The affected population Four sub-projects involve land acquisition, house demolition and removal, which will affect 1814 persons. Xi an city road network construction project involve 755 persons, Huxian County road construction project involve 450 persons, Weiyang Palace Han Dynasty road protection project (first stage) 258 persons and Comprehensive supervision, control and prevention against air pollution project in Xi an city 276 persons, The bus hub of urban south75 persons.as is shown in table 2.6. Table 2.6 The Affected Persons items Types of land acquisition and house demolition Affected persons Xi an city road network construction project Huxian County road construction project House demolition of households 195 House demolition of nonhouseholds 560 Sub-total 755 House demolition of households 315 House demolition of nonhouseholds 135 Sub-total 450 Weiyang Permanent land acquisition 67 Palace Han Dynasty road House demolition of household 157 protection House demolition of nonhousehold project (first 34 stage) Sub-total

19 items Comprehensive supervision, control and prevention against air pollution project in Xi an city Types of land acquisition and house demolition Affected persons Permanent land acquisition 276 Sub-total 276 The bus hub of urban south Permanent land acquisition Total Sub-total 2.8 The affected population of minorities It is investigated on the spot that there are no minorities involved in the project. 2.9 The affected weak group It is investigated on the spot that there hasn t been any weak group found at this stage which need special support. However, to take into account the potential natural disaster and other unpredictable factors, 20% of the removal households are temporarily taken as the weak group and are to be supported with proper subsidy. The actually affected weak group will be further confirmed by analyzing and comparing the data offered by the local administrative department. Off course, the self objective condition such as the family member structure, the labour force employment and the family resources are also considered. Once some affected families are confirmed as the weak group, they will be offered special help during the progress of the removal and resettlement. For example, they will be offered proper favour and care on the house building, resource allocation, e.t c. 13

20 3. Law and Policy 3.1. Laws and Regulations of People s Republic of China The Law of Land Administration of the People s Republic of China (came into effect on AUG.28, 2004) ; The Implementation Regulations of the Land Management Law of the People s Republic of China (came into effect on AUG.28, 2004) The Law of People s Republic of China on Urban Real Estate Administration (came into effect on Jan.1, 1995) Regulations for Management of Urban House Demolition (came into effect on Nov.1, 2001) 3. 2 Regulations and Policy of Shaanxi Province Measures of Shaanxi Province on Implementing the The Law of Land Administration of the People s Republic of China (took into effect on Jan.1, 2000) Measures of Shaanxi Province on Implementing the The Law of Land Administration of the People s Republic of China (took into effect on Jan.1, 2000) Rules for the Protection of Basic Farmland (took into effect on Apr.4, 1996) Measures of Unified Land Acquisition of Shaanxi Province for Construction Project (took into effect on Mar.1, 2002) Shaanxi Provincial Regulations on Management of Urban House Demolition Compensation (came into effect on Dec.1, 2003) 3.3 Regulations and Policy of Xi an Temporary Regulations on Xi an Urban House Demolition Assessment (took into effect on Jun.10, 2004) Detailed Rules for Implementation of Urban House Demolition in Xi an (took into effect on Jun.10, 2004) The fourth Master Plan of Xi an City Master Plan of Huxian County 3.4 Policy of World Bank World Bank Operational Policy OP4.12 Involuntary Immigration (Dec. 2001) 14

21 World Bank Operational Policy OP4.12 Annex Table 1 Involuntary Immigration. 3.5 Resettlement Policies on migrations of the Project The resettlement policy on migration implemented by the Project is made in terms of related regulations and laws formulated by People s Republic of China, Shaanxi Provincial People s Government, Xi an Municipal People s Government, and the World Bank Policies on compensation for Permanent land acquisition 1 For those whose land is acquired, compensation shall be paid in terms of the primary function of the acquired land. The compensation fee of land acquisition shall include land compensation fee, resettlement subsidy and compensation fee of over-ground objects which are attached to the land and young crops. And the compensation fee of over-ground attachments and young crops shall be given to their owners, but the young crops compensation will not be given to whose land without young crops. 2 The compensation fee for farmland acquisition shall be paid as many as nine times of annual average production value of the previous three years. Land compensation belongs to the village collective organization, therefore should be given directly to the committee of villagers to be used to develop production and restore the economic condition of the people who are affected. 3 The relocation subsidy for farmland acquisition shall be calculated by six times of annual average production value of the land. Resettlement allowance is given to the committee of villagers or the villager groups which are affected. 4 If the land compensation and resettlement subsidy based on the previous article cannot make the villagers required settling remain their original living standard, more compensation can be added with the approval of the provincial people s government, but the total amount cannot surpass thirty times of the average annual production value of the land prior to the land acquisition Principles of migrants resettlement for land acquisition 1 For the villagers whose production and living mostly depends on farmland losing the most land owing to demolition & relocation and land acquisition can choose changing from peasant to non-peasant voluntarily. Their registered permanent residence can change to city residents and will be brought into city social insurance. 15

22 They can also be protected by low income protection policy and be resettled by government to take up an occupation in an enterprise in town. Or these peasants can set up village enterprise, agriculture byproducts processing factory, etc. In addition, they can undertake the third-industry after training, for example restaurant, business, repairing, transportation, production service (such as agricultural products providing), living service (such as hairdressing, housework, removing, etc). For the villages possessing of land can make other choices according to the will of migrants. The government can admeasure them farmland with considerable acreage and fertility to help them renew production, adjust planting configuration, increase production value of farmland and improve living standard finally. 2 For the villager whose production and living does not depend on land losing most of their land because of demolition & relocation and land acquisition can choose to non-peasant either. They will have work position in village enterprise arranged by town government or undertake the third industry after training, for example restaurant, business, repairing, service, etc. For the people who want to leave to find a job outside the village government can provide them employment training, agricultural skill training and labour force supply and need information according to the need. 3 For the peasant losing a few of land owing to demolition government will help them adjust industry configuration combined with socialism new country construction and one village one products development. Adjust planting structure and variety structure according to market and local layout. Confirm a certain main products and drive industrialization step by step. Realize the improving of peasants living standard through strengthen one village one products. 4 All labour force influenced by the project will be relocated appropriately Principle on resettlement for rural relocated residents As for the rural houses affected by the Project, two ways are adopted to undertake relocation work based on intention of affected peasant households: 1 Monetary compensation Compensation shall be paid in terms of replacement cost. See details of compensation Policy in related laws,regulations,and compensation standards in Chapter V. 16

23 Based on the investigated opinions and the practicality, Huxian County urban road facilities construction project is mainly compensated in moneytary form. The rest two projects compensation forms will be selected freely according to the villagers intention. 2 Exchange of property rights Provided that the demolished household is unwilling to accept monetary compensation, then they can take the compensation according to the way of Exchange of property rights. The resettlement shall be done by balance out between the real estate market price of demolished house and the real estate market price of relocation house. See details from related laws and regulations The resettlement principle of demolished and Relocated shops and enterprise The government department which will demolish enterprises will make comprehensive technological economical analysis resettlement scheme of each enterprises which will be demolished. For the enterprises influenced by the demolition should try to rebuild and renew operation and production on the spot on condition of matching production. If the enterprises can not renew the production scale on the spot they have to rebuild in other position. Try to demolish and build by themselves, avoid or reduce stopping production. The project department will deliver proper and near place or industry district to enterprises for resettling by cooperating with city planning department. The resettlement position will be confirmed according with city planning by the treaty between the enterprises influenced by demolish and project department. Resettle the industry enterprises which will be relocated in other place as early as possible. Start rebuilding in advance. For the marketplaces and shops local government can arrange resettlement place exclusively or offer them transition expanses. These markets will be rebuilt on the old place or near the old place after the accomplishment of the project Policy on affected over-ground objects attached to the land The affected infrastructure and over-ground attachments shall be paid in terms of replacement cost principle. 17

24 4.Compensation standards 4.1Land requisition compensation standards Land types Table 4.1 Permanent land compensation rates State-owned land Yuan / mu Land compensation fee Collective land (Yuan / mu) Resettlement subsidies Young crop compensation Subitems name Xi an city road network / construction Huxian County road / construction Weiyang Palace Han Dynasty / / road protection Project of comprehensive supervision, control and prevention / / against air pollution in Xi an city The bus hub of urban south 18

25 4.2 Compensation standards for residential housing Subitems name Xi an city road network construction Huxian County road construction Weiyang Palace Han Dynasty road protection Table 4.2 Compensation standards for residential housing Compensation standards Other grants Brickconcretwood Move grants relocation Brick- Temporary Earthwood yuan/ yuan/ yuan/ m 2 m 2 m 2 yuan/households yuan/month m / / 500 / / 4.3 Compensation standards for non-residential housing Structure Subitems name Xi an city road network construction Huxian County road construction Weiyang Palace Han Dynasty road protection Table 4.3 Compensation standards for non-residential housing Brickconcrete yuan/ m Compensation standards Brickwood yuan/ m simple yuan/ m Appurten ances yuan/ m 2 Other grants Move grants yuan/ Households / /

26 4.4 Public facilities and ground fixtures compensation standards Table 4.4 Public facilities and ground fixtures compensation standards categories Units Xi an city road network construction Compensation standards Weiyang Palace Han Dynasty road protection Electric pole yuan/pole 3000 / Roadside tree yuan/tree 500 / Fruit tree yuan/tree / Other tree yuan/tree / Fish pond yuan/mu /

27 5. Proposals for Migrants Work and Life Resuming 5.1 The resettlement target The resettlement target of this project is to ensure the compensation return of the migrants whole loss, reasonable resettlement and good resume, making them share the benefit of the project and provide them assistant for their temporary difficulties. Through this project, their income level, living standard and the production and profit capability of enterprises can be increased or at least resumed to the comparatively high level before removal or before the project starts. 5.2 The resettlement principles Minimization of migrants principle On the basis of meeting the designing requirements, plans are optimized as well as possible to reduce land acquisition, house demolition and the impact of the project and thereby reduce the number of migrants to the minimum. Besides, non-farm land is primarily selected for the project to decrease the impact on the migrants production and income Equivalent compensation principle In order to complete well the land acquisition, house demolition and resettlement and to prevent the decrease of immigrant living standard, we carry out the equivalent compensation principle, which includes two aspects. First, all property is compensated by its purchasing cost; second, other loss is compensated equivalently, that is, how much loss, how much subsidy. 1. Ensure that the units or individuals affected will improve or at least restore to their original standard of production and living as soon as possible. 2. Those who lose houses should gain new residence and should be resettled nearby. 3. The compensation criteria, the location of new residence, area and standard of new residence should be formulated after opinions from all people involved are 21

28 considered; houses removed should in principle be built by villagers themselves; if difficult, the local government or the committee of local residents should help. 4. When the houses affected are assessed, the compensation for all property will be calculated with the present price of replacement, and no depreciation is considered. 5. Land should be reallocated to ensure those who lose land regain land. 6. The mellow soil of land for temporary construction use should be reserved. When the construction is finished, the mellow soil can be returned to restore the land. 7. Land acquisition and resettlement must be finished at least one month before the construction starts, otherwise, the construction can not start. 8. According to the 16 th article of Protective Regulations of Basic Farmland, if land for construction use includes land reserved for agricultural use, equal area of land should be opened up. If there s no land to be opened up, or the land opened up can t meet the required standard, corresponding fees should be turned in according to The Land Management Law of the People s Republic of China. 9. The public-owned or private-owned houses or buildings, if removed, can be compensated in two ways: one is ownership of new residence and the other is monetary compensation. The price of the old houses or buildings and the accessories will be assessed by the relevant department of Administrative Department of Real Estate of Xi an City. The basic price of removal compensation (including resettlement allowance, transition allowance, house-moving allowance and other allowances) is decided according to the classification of buildings (for residence, business and nonbusiness use). The environmental regulating rate is decided according to the location and the classification of buildings (for residence, business and non-business use) Keystone preferential principle 1 The project will focus on the impact of the removal on the migrants previous caste and social network, trying as hard as possible to plan a whole removal to maintain the integrity of the previous community. 2 The project will focus on the migrants difficulties during and after the removal. The project office will urge the local street office or the exploiting business to build the villagers committee or owners committee as early as possible at the new residence without such organizations, so as to help the migrants syncretize in the new community. As to the shops and 22

29 working units willing to remove, their temporary loss due to the change of surroundings will be compensated by the project too. 3 The project will focus on weak groups (old people without adult offspring living together, widows, single-parent family, disabled, chronic patients and poor family), which will be offered preferable policy in residence, employment,etc. when they remove. And a regular visit and aid for special difficulty after the resettlement will last till the local administrative department takes charge. 4 The project will plan an open removal. It will manoeuvre power of local government to train the migrants for profession and try to create opportunities for employment, so that the migrants can adapt the environment of the new residence in a short time and become selfdependent in economy and the responsibility for migrants resettlement can be shifted in time from the removal orgnization to the migrants themselves. 5 The project will seek for the maximum of the cost-benefit of the removal. It will try to improve the ability of the removal orgnization, regulate the behavior of the removal work, establish perfect inner-controlling mechanism to prevent the waste, cut, embezzlement and corruption of the fund, reaching the best resettlement result. That is, try to reduce the resettlement cost as hard as possible with the planned effect index, which is benificial to both the migrants and the taxpayers of Xi an City. 5.3 General Scheme of the Migrants Resettlement The Project includes 5 sub-projects. In the designing process, each relevant designing units optimize and compare various plans, taking into consideration the execution of land acquisition to the system of local economy, production and life. In order to the plan with minimal migrants so as to fundamentally reduce the amount of migrants. In order to reduce the area of land acquisition and house demolition, and substract the impact of project construction to the local production and life, various plans are to be selected and the construction measures are to be optimized to control the road width and construction scale. Therefore, the project constructon will not cause fatal destroy to the privious production and living system. From Jan.2007 to May. 2007, the investigating team of the migrants resettlement of the project discussed the removal plan with the affected villages through conversaziones. According to the migrants suggestion and the actual condition of the affected area, and after analyzing the migrants resettlement environment capacity of each village, the project office work out the total removal 23

30 scheme the migrants affected by each sub-project are resettled at their privious community to maintain their previous production and life style, customs and social stability, which is helpful to enforce their enthusiasm and adaptability in production and life. To decrease the impact of the construction on the migrants production and life, all the village houses are to be demolished and built by themselves. And the waste building materials are at the migrants charge. In production, the farmland is generally adjusted partially in the same villagers team and the resettlement with land to develop agriculture are the main resettling form. At the same time, try to improve the irrigation works, adjust the planting structure and increase the land utilization. Besides, supplemented with adequate economic subsidy, make sure that the migrants can restore and improve their production and living standard The layout of residence rebuilding The migrants affected by the project will be resettled dispersedly or massively in their previous community under the layout of the local town or village construction. A. Ground leveling up The migrants affected by the project will be resettled dispersedly or massively, so they are all supposed to select a house site in their previous village or villagers team. Generally speaking, the geological condition selected by themselves is good. They can build houses on it after leveling up a little. The leveling up of the house site will be carried out by migrants themselves, with their own inclination or organized by the migrants implementing organization of the county (district). B. Public project The project unit is responsible for the construction of facilities in water supply, electricity supply, radio and TV, road and transportation in the resettlement site. C. Community management and migrants house building Because the migrants affected by the project will be resettled in their previous community, the present administrative system won t change. The migrants still belong to their previous town( street office) and village. In terms of the migrants willing, the new houses will be built before or during the demolishion of the old houses. The house building can be carried out by the migrants themselves or submitted to the qualified construction enterprises, who will build houses with a common criteria. According to the structure and area of the house, the migrants can also get a compensation, which is paid serially with the progress of the 24

31 house building. During the house building, the migrants can live in their previous houses in principle. The migrants will possess the old house building material and can deal with it with their own need and the value of old material won t be subtracted from the house compensation. D. The public serving facilities in resettlement sites. In the construction and land acquisition, no public facilities such as school, hospital, etc. are removed, so there is no need to allocate it. Moreover, the new residence is the same distance away as the previous from the public facilities Production restoration scheme On the basis of the comprehensive analysis of the location, land resource, income structure etc. of the local village and villagers, the removal designing working party will offer direct compensation or take other production restoration measures by asking for opinions of the affected households and the migrants representatives. The production restoration measures are as follows: reinforce the irrigating facilities to raise the ability of repelling disasters; adjust the agricultural structure and meliorate the breeds of economic plants to increase the agricultural output; train the migrants in professional skills and practical technology to raise their ability in employment and self-development. The removal compensation will be all given to the migrants resettled with cash compensation, while the land compensation belongs to the village collectivity. Since the removal plan is worked out by most migrants willing, the project office should try to consult with the migrants when some of them need to be resettled by other plan instead of the village plan. If some migrants in the villages resettled with cash compensation need land to work on agriculture, the county (district) migrants office of should help them to get land. Whereas, if some migrants want to be compensated with cash to work on business instead of agriculture, after submitting a self application and being notarized, they can get a cash compensation equalling to the removal compensation. Because each village is affected differently by the project, and possesses different resource structure,public facility conditions, the removal plan is different with different villages. The removal plan of each village is shown in each attached sub-project report. 25