PRC: Xi an Urban Road Network Improvement Project

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1 Social Monitoring Report Semestral Report December 2013 PRC: Xi an Urban Road Network Improvement Project Prepared by Xi an Municipal Government for the People s Republic of China and the Asian Development Bank.

2 The first batch of implemented subprojects of Xi an Urban Road Network Improvement Project -Xinghuo Road Interchange -Hongmiaopo Interchange -Zhuhong Road North 2 nd Ring Road Interchange -Zhuhong Road Fengcheng 4 th Road Interchange Resettlement Monitoring & Evaluation Report Shaanxi Kexin Consulting Services Co., Ltd. December 2013

3 Contents 1 INTRODUCTION OF THE PROJECT BASIC INFORMATION: PROJECT CHANGES AND RESETTLEMENT PLAN MONITORING AND EVALUATION monitoring and evaluation Content and Ways: monitoring and evaluation Schedules PROJECT IMPACTS AND CHANGES AFFECTED AREAS THE MAJOR IMPACT AND CHANGES Project impact categories Major Impacts and Changes INFORMATION ON SAMPLE SURVEY ASSESSMENT PROJECT WORK AND RESETTLEMENT SCHEDULE WORK AND RESETTLEMENT SCHEDULE Zhuhong Road Fengcheng 4 th Road Interchange: Zhuhong Road North 2nd Ring Road Interchange Hongmiaopo interchange Xinhuo Road Interchange ASSESSMENT RESETTLEMENT POLICIES AND COMPENSATION STANDARDS POLICIES: COMPENSATION STANDARDS FOR LAND ACQUISITION COMPENSATION STANDARDS FOR RESETTLEMENT AND DEMOLITION COMPENSATION STANDARDS FOR ANCILLARY FACILITIES ASSESSMENT: INFORMATION ON THE RESETTLEMENT LAND ACQUISITION, DEMOLITION AND RESETTLEMENT FUND APPROPRIATION INSTITUTIONAL ARRANGEMENTS STRUCTURE: CAPABILITY OF IMPLEMENTATION AGENCY ASSESSMENT NEGOTIATION, PUBLIC PARTICIPATION AND COMPLAINT PROCEDURE PUBLIC PARTICIPATION AND NEGOTIATION COMPLAINT OF AFFECTED PEOPLE CONCLUSION AND SUGGESTION... 29

4 8.1 STAGED ASSESSMENT SUGGESTIONS ATTACHMENT INVESTIGATION TABLES OF 285 SAMPLING AFFECTED HOUSEHOLDS... 31

5 1.1 Basic Information 1 Introduction of the Project In order to better solve the urban traffic problems, relieve traffic jam, improve road safety, enhance the urban carrier function and ensure a rapid, sound and ordered development of the city, Xi an Municipal People s Government uses the loan of Asian Development Bank (ADB for short) to initiate the urban road network improvement and public facilities construction project in Xi an, including (i) road and bridge improvement; (ii) pedestrian safety; (iii) comprehensive transportation facilities; (iv) intelligent transport system (ITS) and (v) environment protection enhancement. 1.2 Project Changes and Resettlement Plan The project will require land acquisition, which will result in both physical and economic displacement. Based on the extent of the impacts, a plan was prepared for the Project. Since the original plan was based on the feasibility design in 2011 (short for the plan ). In September 2012, the project implementation agency determined the first batch of implemented subprojects and finished their primary design schemes. The first batch includes five subprojects, namely, Kunming Road Interchange, Zhuhong Road North 2nd Ring Road Interchange, Zhuhong Road Fengcheng 4th Road Interchange, Hongmiaopo Interchange and Xinghuo Road Interchange. In March, 2013, based on the preliminary design scheme of the first five subprojects, the plan was updated. In September, 2013, the updated plan (short for the updated ) was approved by ADB. The settlement plan is now being implemented. In recent years, the urban construction of Xi an has sped up, many metro lines have started construction and been opened successively, and the city traffic projects have been implemented. Due to these objective factors, in the updated version of the plan, the implementation condition and current situation of Kunming Road have changed greatly. A new feasibility study report is being formulated. Thus, the report describes the above-mentioned four subprojects that are firstly implemented, excluding Kunming Road. See table 1 for details. Table 1 Overview of first-batch subprojects No. Type Item Location 1 2 Interchange Zhuhong Road - North 2nd Ring Road Interchange Zhuhong Road - Fengcheng 4th Road Interchange 3 Hongmiaopo Interchange Important Node of North suburb, Important Node of North suburb Important Node of North Length m Width m / 80 / / Zhuhong Road 80; Fengcheng 4th Road 40 Zhuhong Road 50; Sequen ce First batch First batch First batch

6 4 Xinghuo Road Interchange suburb Daxing Road 70 Important Node of North / Xinghuo Road 40 suburb First batch According to the updated plan approved by ADB in September 2013, four subprojects firstly implemented within the affected area include one sub-district office of two districts (Lianhu and Weiyang Districts) in Xi an, and two economic development zones. The impact of land acquisition and demolition does not involve the acquisition of collectively-owned land, and the land owned by the project is state-owned land allocation, totaling 2.52 ha. (37.8mu). The demolition of four subprojects involves two enterprises and units, with 19,574m2 of housing area to be demolished. There are 285 households and 877 people affected. The demolition does not involve rural families. 1.3 Monitoring and Evaluation According to ADB s requirement, Xi an Project Office has contracted a qualified, independent and experienced agency as the external monitoring agency which is Shaanxi Kexin Consulting Services Co., Ltd.. The external monitoring and evaluation agency regularly follows, monitors and evaluates the implementation of, monitors the schedule, quality and fund for, and offers advisory opinions. It follows and monitors the production and living level of relocated people, and submits the monitoring and evaluation report to Xi an PMO and ADB. The monitoring and evaluation report only reflects the before the end of December Monitoring and Evaluation Content and Ways: The external monitoring agency conducted the first monitoring and evaluation field survey for the land acquisition and demolition of the four subprojects firstly implemented. Through field observation, sample following and survey and random interview with the relocated people, the main monitoring activities are as follows Payment and amount of compensation subsidy; Preparation of the relocated site; Reconstruction of the housing; Moving of the affected persons; Restoration and rebuilding of the infrastructure and special facilities; Production and recovery; training; Use of compensation for collectively-owned land and earnings of relocated people; increase for employment of workers; Support for vulnerable groups; Organizing agency of organizations; Information disclosure and public negotiation; Complaint and appealing

7 1.3.2 Monitoring and Evaluation Schedules The external monitoring agency will submit a monitoring and evaluation report to Xi an Project Office and ADB every six months. The schedule of report is outlined in Table 2. Table 2 Updated Schedule of monitoring and evaluation Report Time 1 Socioeconomic baseline survey First monitoring report Second monitoring report Third monitoring report Fourth evaluating report Fifth evaluating report Sixth evaluating report Seventh evaluating report Final report

8 2.1 Affected Areas 2 Project Impacts and Changes According to the updated plan approved by ADB in September 2013, the project affects three subdistricts of two administrative districts. After the launching of the first batch of projects, there is no change for the project affected areas. Please see table 3 for the distribution. Table3 Distribution of the affected area Number Project City County/ district Subdistrict office Village/community Changes (comparison between the plan and the Changes (comparison between the updated and the implemented) updated) Zhuhong Road Fengcheng 4th Road Interchange Zhuhong Road North 2nd Ring Road Interchange Hongmiaopo Interchange Xinghuo Road Interchange Xi an City Weiyang Distric t Weiyang District Lianhu District Lianhu District None (None) No change No change Weiyanggong Subdistrict Office Hongmiaopo Subdistrict Office Hongmiaopo Subdistrict Office 2.2 The Major Impact and Changes (Family community of Hydropower Bureau 15) (Fangxin Community) No change No change No change No change (Fenghe Village) No change No change Project impact categories Based on the investigation and analysis, the impacts mainly include the following aspects: 1 Impact of land acquisition/ occupation loss 2 Impact of demolition of the houses and ancillary facilities 3 Impact of demolition of non-residential housing units (enterprises and public institutions) 4 Impact of ground ancillary facilities and infrastructure loss Major Impacts and Changes

9 As far as the monitoring and evaluation group knows, till December 2013, the four subprojects firstly implemented have no change in terms of actual land acquisition and demolition. Currently, it is still at the stage of preliminary negotiation. Therefore, here the comparison is made among the plan, the updated version and the monitored data. See details in table 4 and 5. Table 4 Comparison among monitored data, updated Subproject data and planning data about the impacts of the land acquisition and demolition of the first batch of subprojects Subp rojec t Zhuh ong Roa d Nort h 2nd Ring Roa d Inter chan ge Zhuh ong Roa d Fen gche ng 4th Roa d Inter chan ge Hon gmia opo Inter chan ge Xing huo Roa d Inter chan ge Permanent land acquisition (ha.) Ori gin al pla nni ng Up dat ed Mo nito red Pla nni ng 4,4 50 House demolition Area (m2) Households Population Upd ate d 11, 719 Mo nito red 11, Pla nni ng Up dat ed 17 9 Mo nito red 179 Pla nni ng 27 3 Up dat ed 50 6 Mo nito red Enterprises and public institutions Pla nni ng Up dat ed Mo nito red ,8 55 7, Notes: The final scheme of Xinghuo Road has not been determined yet, and the above data comes from the investigation according to the previous design.

10 Notes: The affected scope of Xinghuo Road Interchange is included in Xi an City Renewal Project, so if Xi an City Renewal Project starts first, the land required by this subproject will be allocated by Xi an City Renewal Project. Notes: The newly added land of the first batch of subprojects is allocated from state-owned land. The project implementation agency will be responsible for paying for recovering the ground ancillary facilities and infrastructure according to the replacement price. The ground ancillary facilities demolished for the first batch of four subprojects include 359 mature trees, 85 young trees, enclosure of 50m, 1 toilet, and grassland of 4,500 m2. The affected special facilities cover 51 power poles, power wire of 3,400m, telecommunication wire of 5,000m, water pipe of 4,007m, communication cable of 400m, 14 pylons, 27 transformers, 1 overpass, and 2 emergency telecommunication stations. See Table 5 for details. In the table below, the data in the brackets are the original planning data of the plan

11 Items Subproject name Mature tree Young tree Enclosure Toilet Grassland Power wire Telecommunication wire Unit tree tree M one m2 M M Table 5 Ancillary facilities and infrastructure affected by the first batch of four subprojects Zhuhong Road North 2nd Ring Road Zhuhong Road Fengcheng 4th Road Interchange Interchange Hongmiaopo Interchange Xinghuo Road Interchange Plan Updated Monitored Plan Updated Monitored Plan Updated Monitored Plan Updated Monitored Plan Updated Monitored Plan Updated Monitored Plan Updated Monitored Power pole stick Plan

12 Optical cable Transformer Pylon Water pipe Overpass Emergency telecommunication station M one one M one one Updated Monitored Plan Updated Monitored Plan Updated Monitored Plan Updated Monitored Plan Updated Monitored Plan Updated Monitored Plan Updated Monitored

13 2.3 Information on Sample Survey 285 affected households in Weiyang District and Lianhu District were randomly chosen as the samples for the survey of the social and economic development level in the affected area of ADB-aided Xi an Road Network Improvement Project. The total number of affected households is 395, and the sample rate reaches 76.6%. Major summarized data is given in Table 6 and see Attachment I for the details. Table 6 Survey for basic information of 285 sampling households affected Item 285 sampling households Time (year) Population (person) Annual per capita wage (Yuan) Productive (Yuan) Living (Yuan) Annual of per household (Yuan) Per capita housing area (m2) Value of major articles for daily use (Ten thousand Yuan) For the sampling survey of social economy of affected persons, there are 285 households visited, involving 877 persons. The average population of households surveyed is 3.07, and the basic information of the sampling is given in table 7 Table 7 Basic information of the sampling survey Affected districts Weiyang District Lianhu District Community/vill age Community of Sinohydro Bureau 15 Fangxin Community Affected households Populatio n Sampling households Sampling rate (%) % % Data source: Survey of social economy Basic information of 285 sampling households: The data shows that there are 450 males and 437 females in 285 households surveyed, with the proportion of 1:0.97. There are 107 persons under the age of 18, with the proportion of 12.2%; 335 persons above the age of 60, 38.1%; 435 young adults, 49.6%. The survey on population shows that aging population accounts for more, and the reason is that many retirees of above two enterprises live in two communities surveyed. The survey shows that there are 68 persons with primary school education, with the proportion of 7.7%; 358 persons with middle school education, 40.8%; 451 persons with high school education or above, 51.4%; and there are no illiteracy and persons receiving no education. The male ratio is slightly higher than the female ratio in population with high school education or above, which reflects the weak right of females to receive education in project area. According to the survey, the persons of 285 sampling households are all employed by above two enterprises. There are 184 two-worker households for the

14 enterprises, and for the other 101 households, the couples also have fixed. There are no households engaged in agricultural production in 285 households. The survey shows that annual per capita wage of 285 sampling households was RMB 26,400 Yuan in 2012 and RMB 27,200 Yuan in 2013, and the per household was RMB 23,500 Yuan in Both and have increased slightly. The percentage increase of has exceeded that of, which is mainly caused by inflation of prices and also affected by many factors such as the difference between statistical pattern of annual report and survey objective of the project. Even so, the data level and scale remain consistent basically. 285 sampling households are in-service employees or retired workers, whose major comes from the wage. According to the survey, the of 10 households is below RMB 70,000 Yuan, that of 42 households is between RMB 70,000 Yuan and RMB 80,000 Yuan, and that of 233 households is more than RMB 80,000 Yuan. So there is no impoverished households in line with the existing regulations of Xi an. The survey indicates that, if the enterprise staff have temporary difficulty in life due to illness or other reasons, the enterprise will give aid to them in accordance with their relevant regulations. The existing housing of sampling households is basically allocated by their units, with the housing area of 45m2 to 85 m2. And the housing area of 26 households is less than 40 m2 but more than 20 m2, and the reason for its smaller area is that the involved demolished building in Fangxin Community is originally the dormitory building of their units.

15 Household Table 8 Survey for of 285 sampling households affected RMB 60,000 Yuan RMB 70,000 Yuan RMB 70,000 Yuan > <RMB 80,000 Yuan RMB 70,000 Yuan RMB 90,000 Yuan Table 9 Survey for housing area of 285 sampling households affected 40 m2 > area < m2 Area 40 m2 80 m2 area 90 m2 Household m The survey on structure of sampling households shows that the most comes from the food, with the proportion of 30.39%; and the second is education, with the proportion of 21.97%, the main reason of which is that the children are sent to the school out of the school area with higher charge and education quality. The number of households with durable consumer goods such as appliances is also surveyed and analyzed in the survey of social economy. Every household has a television, with the owning rate of 100%, and then fixed-line telephone, mobile phone, refrigerator, washing machine and motorcycle % of households surveyed have personal computers, and 17.59% have a car. The affected houses of the project, with brick-concrete structure, are located in class-ii and III districts. The reasons for the most affected persons choosing physical : 1) There is no house with brick-concrete structure in the similar district, and the monetary indemnity for house replacement is less than the physical compensation; 2) The existing site for physical is close to the original site, so there is no large impact on the living habit of the affected people. 2.4 Assessment Compared with the original migration plan and update plan, the land occupation impact of the first batch of the subprojects has not changed, but the housing demolition area, affected households and population witness the significant increase. The reasons of change are: first, the construction design of No. 2 Construction Company of No. 15 Construction Bureau of Sinohydro Corporation is contained in the design of Daxin New Zone, Weiyang District which is changed a lot, so the feasibility study report and design of Zhuhong Road---North 2nd Ring Road Interchange changed. Second, the original design only took the affected number within the plan line into consideration. When it is updated, it is found that although some buildings are out of the plan line, the construction will cause danger or affect the daily life of the residents. So, when updated, these data were added. Third, compared to 2010, the enterprises adjusted the houses among their staff, and the data of household head and the family members changed.

16 3 Project Work and Resettlement Schedule 3.1 Work and Resettlement Schedule Zhuhong Road Fengcheng 4 th Road Interchange: There is no land acquisition and demolition for Zhuhong Road Fengcheng 4th Road Interchange. The bid for the civil works has been finished now with mature construction conditions. It is planned that after the relocation of road pipelines in 2014, the main work will start officially Zhuhong Road North 2nd Ring Road Interchange A JAC (car brand) 4s shop is involved for the land acquisition and demolition work of Zhuhong Road North 2nd Ring Road Interchange. Currently, project implementation agency, the report compilation unit and Weiyanggong Subdistrict Office of Weiyang District are positively negotiating the and compensation issues with the shop. The land acquisition and demolition work of Zhuhong Road North 2nd Ring Road Interchange involves about nine mu of land of the Second Branch Company of Sinohydro Corporation Engineering Bureau 15 Co., Ltd.. Daxing office is planning to move Fanjia Village Primary School adjacent to the Second Branch Company and use the land to resettle the relocated people of the company. Currently, the new site for Fanjia Village Primary School has been selected, with the design scheme completed. The project is being bidden now, and it is predicted to be completed and put into use in July The demolition and compensation scheme is still being negotiated by both parties. The other two parts of Zhuhong Road North 2nd Ring Road Interchange involve no land acquisition and demolition. The project has been provided with the conditions for phased construction as a whole, Hongmiaopo interchange The land acquisition and demolition is conducted at the southeaster corner of Hongmiaopo Interchange, which affects Fangxin Community owned by Fangxin Corporation. There are 135 households, covering an area of about 5.91mu, a floor area of 8,732.34m2, a residential area of 7,518m2, an office area of m2 and a commercial area of m2. Fangxin Corporation intends to reconstruct the whole community by itself, so the negotiation with Fangxin Corporation about the relevant issues is being undertaken. parts of Hongmiaopo Interchange involve no demolition and the construction can start Xinhuo Road Interchange Qujiang Daminggong Office and Daxing New District Committee will take charge of the demolition involved in this Interchange subproject. Daxing New District Committee is in charge of the land acquisition and demolition of the west side of Xinghuo Road, involving 11 homesteads. Currently, The information collection and preliminary measuring and calculation of the involved households have been finished

17 in the west side, but the 11 homesteads belonging to Fenghe Village and Fenghe Village has been included into Xi an City Village Renewal Project, so it is the whole village not the 11 homesteads that are to be demolished. The main body of Fenghe Village reconstruction project is Xi an Daily Media Group. Two problems exist: First, the land demolition of the entire Fenghe Village affects 1,516 households, 4,014 people and 1,017.37mu land. And an area of 200mu owned by the village is a part of the Site of Chang an City of Western Han Dynasty, which is forbidden to be used for any construction except protection. According to the plan, only an area of 278mu land can be used for development and besides roads and green fields. As a result, the balance between land and development land cannot be solved. Second, a 330kv transformer substation is in the core plot of Fenghe Village as planned, covering an area of about 40mu. The plan will directly affect the of residents in the core plot. The demolition of the east side of Xinghuo Road is in the charge of Qujiang Daminggong Office, involving 70 households and 7 enterprises and public institutions and covering an area of about 8.81mu, a total floor area of 9, m2, a residential area of 2, m2, an office area of 5, m2, and a commercial area of 2, m2. Qujiang Daminggong Office plans to combine the of the east side with the of Fangxin Community and is making a further plan for the scheme. In general, the acquisition and demolition work for the first batch of subprojects of the ADB-aided Xi an Road Network Improvement Project haven t started yet. Zhuhong Road- Fengcheng 4th Road involves no demolition and the acquisition and demolition of the other three subprojects is still in preparation stage. 3.2 Assessment The delay on this project is related to the compensation and demolition work at XingHuo Road, because Xi an Urban Village Reconstruction Office has not given a specific time on when the reconstruction of Fen He Village will start. If possible, the scheme concerning Xihuo Road will be changed as to reduce the impact of land acquisition of demolition on the involved settlers. Since the land acquisition and demolition work in this area has not started yet, no specific information and evaluation can be provided for the time being. The major of the affected people mainly comes from their wages. The area to be affected will be living quarter, not the working area and the work and of the workers will not be affected.

18 4 Resettlement Policies and Compensation 4.1 Policies Standards The policies for the implementation of the of this project is based on the concerned laws and regulations of PRC and on Safeguard Policy Statement by ADB. June,2009 Compensation for permanent land loss is based on the Land Administration Law of PRC (2004), the State Council Decision to Deepen Reform and Strictly Enforce Land Administration (Document 28 dated November 2004) and Regulation on Land Administration in Shaanxi Province (2000), the circular from the People's Government of Xi an Municipality on Issues Enforce Procedures Execution of Land Acquisition and House Demolition in Municipal Road (SZF [2003] 39), and Measures on Acquisition and Compensation of on State-owned Land of Xi an City issued by the third commission of XMG on March 13, 2012 (SZF [2012] 93). House demolition is based on the Regulations on the Expropriation of Houses on State-owned Land and Compensation (January, 2011), Regulations of Xi an on the Administration of the Demolition and Removal of Urban Houses (2003). Some of the occupied land of the Project involves urban village reconstruction, and relevant major policies include: the annual plan ( ) of urban village reconstruction of Xi an City implemented by Xi an Municipal People s Government and Regulations on Urban Village Reconstruction of Xi an City (SZF (2007) 129). 4.2 Compensation Standards for Land Acquisition Since the three first-batch subprojects involving land acquisition and demolition have not begun yet and matters concerned with compensation for demolition is still under active negotiation, the compensation standards related to land acquisition, demolition, ancillary facilities, trees, etc. shall refer to the updated version of the plan approved by ADB in September 2013 for description. The project is a public one, so the stated-owned land will be acquired by government assignment. The stated-owned land acquired by Xi an Fangxin Food Co., Ltd. and the Second Engineering Company of Sinohydro Corporation Engineering Bureau 15 Co., Ltd. are located in class-ii and III areas, so the compensation standards are 120, 000 Yuan/mu and 100,000 Yuan/mu respectively. Table 9 Compensation standard for collectively-owned land acquired by the project Unit: Yuan/mu Type Compensation standard Construction land (Class-III area) Construction land (Class-II area) Homestead nursery

19 4.3 Compensation Standards for Resettlement and Demolition According to the Document No. 97 of Xi an Municipal People s Government and relevant regulations, the compensation standard is subject to the market price of the demolished house. Therefore, the assessment for market price of the house is necessary for monetary indemnity for every demolished house. After the survey on market price of similar house in similar area, the base price for compensation for house demolition and is RMB 3200 Yuan/m2. The final compensation price is subject to site assessment of qualified assessment agency; both sides negotiate based on the price; and the price and qualified assessment agency make the final decision. The final design and implementation plan as well as scope of Xinghuo Road have not been determined, so it can t be confirmed if the seven enterprises and public institutions under the survey are included in the final scope of acquisition and demolition. At present, two enterprises have been determined to be affected by the demolition in the first batch of subprojects Second Engineering Company of Sinohydro Corporation Engineering Bureau 15 Co., Ltd. in the construction area of Zhuhong Road North 2nd Ring Road Interchange, and Xi an Fangxin Food Co., Ltd. in the construction area of Hongmiaopo Interchange. The compensation and proposal for the two enterprises are based on preliminary compensation framework for demolition for office space and employee s housing of affected enterprises of Measures on Acquisition and Compensation for the Houses on the State-owned Land of Xi an passed in the third executive meeting of the municipal government on March 13, Table 10 Comparison table of housing compensation standard Type Item Unit compensation compensation Brick-cement structure Brick-cement structure (non-residential) and other structures point yuan/m 2 yuan/m 2 The plan standard The updated plan standard (framework) Undefined Removal fee 1000 Undefined Negotiate with the property right unit Current compensation policy Replacement price + 20% compensation Replacement price+ 20% compensation Zhubao Building, No.6, Liyuan Road, Daxing New District RMB 2,000 Yuan/ household; reward every household with RMB 15,000 Yuan in case of removing within 20 days since the designated date by evaluation authority and those who select monetary indemnity will be rewarded with extra RMB 15,000 Yuan. Households who remove within days will be rewarded with RMB 10,000 Yuan, and those who select monetary indemnity will be rewarded with extra RMB 10,000 Yuan.

20 Transition fee Yuan /month/ person 4yuan/month/ m2/household The transitional period starts from the day of moving to the day of moving back. It should not be longer than 30 months Compensation of RMB 500 Yuan shall be paid to the enterprises that have conducted negotiation within reasonable transition period of 24 months Households who remove after 30 days will not be rewarded. (1) For acquisition of residential housing, the compensation fees for temporary shall be paid monthly according to 0.35% of the assessed value of the expropriated housing. In case the compensation fee is less than RMB 500 Yuan/month, a payment of RMB 500 Yuan/month shall be made. (2) For acquisition of the housing for business, production and processing, the compensation fee for temporary shall be paid monthly according to 0.35% of the assessed value of the expropriated housing. (3) For acquisition of office space, the compensation fees for temporary shall be paid monthly according to 0.35% of the assessed value of the expropriated housing. (4) For acquisition of other space of warehousing, etc., the compensation fee for temporary shall be paid monthly according to 0.25% of the assessed value of the expropriated housing. Stoppage of subsidies Negotiate based on the enterprise profit obtained in the first six months Negotiate based on the enterprise profit obtained in the first six months 1. In case the acquisition of housing for business, production and processing results in the loss of shutdown of production and business, the compensation fees shall be paid monthly according to 0.1% of the assessed value of the expropriated housing. In case the compensation is not made within the agreed transition period of the compensation

21 agreement, twice as much as the original standard shall be paid monthly since the overdue month. 2. In case the acquisition of housing for business, production and processing results in the loss of shutdown of production and business, and the land offeree chooses the monetary indemnity, the compensation fees shall be paid in a lump sum according to 2% of the assessed value of the expropriated housing. 4.4 Compensation Standards for Ancillary Facilities The compensation fee for affected ancillary facilities shall be paid in accordance with their prices after assessment by legal assessment agencies. The compensation standard is as follows: Table 11 Compensation standard table of ancillary facilities Type Unit Compensation standard (RMB Yuan/unit) Type Unit Compensation standard (RMB Yuan/unit) Mature tree Power wire M 10 Young tree 50 Telecommunic ation wire M 10 Enclosure M 100 Power pole Pieces 330 Greenhouse m2 100 Optical cable M 100 Toilet 1,000 Transformer 30,000 Well 100,000 Pylon 1,500,000 Grassland m2 5 Channel M 100 Tomb 1,000 Water pipe M 50 Compensation for various special facilities including water conservancy facility, communication facility, electric power facility, etc. shall be paid in accordance with the actual cost or replacement value assessed by professional assessment agencies.

22 4.5 Assessment: Compared with the preliminary scheme and the updated version, the impact of the 4 subprojects have been surveyed and confirmed. A detailed plan and activities concerning land acquisition and have been conducted. Especially, all the involved households have been carefully visited, and their has been surveyed. As the project will affect the life and interests of those involved in the demolition, both sides have been negotiating actively and cooperatively for the preparation of land acquisition and. For a frame work for compensation has been made. The detailed policies and schedules will be worked out and implemented.

23 5 Information on the Resettlement 5.1 Land acquisition, demolition and The of the urban road network improvement and public facilities construction project with the loan of ADB has not started yet. Of the 4 subprojects, the work at Zhuhong-Fengcheng Road does not involve any demolition and. The other three are still at negotating and preparation stage. 5.2 Fund appropriation The project will implement the compensation policy & standard determined in plan, and Xi an Project Office and project implementation agency directly pay various compensation fees to village committees, affected people, enterprises and public institutions. The cash business process is as follows: Government Fund allocation Domestic Bank loan Implementation agency Subdistrict Office Enterprises (housing and other compensation) Villagers committee (land compensation) Villagers (housing, tree, etc.) (owner) Owner (infrastructure compensation) Figure 1 Resettlement fund flow chart

24 6.1 Structure 6 Institutional Arrangements Leading Group Xi an Municipal Urban-villages Reconstruction Office Affected sub-district offices High-tech Development Zone Urban-villages Reconstruction Office Xi an Municipal Urban & Rural Construction Commission Xi an PMO Xi an Infrastructure Construction Investment Group Co. Ltd Internal Monitoring Xi an Municipal Land and Resources Bureau Xi an Administrative Office of Urban Demolition Designing institute External M&E Institution Villagers committee APs Figure 2 Resettlement Institution Structure of the Project During project implementation, the organizations in charge of the planning, management, implementation and monitoring of the activities of Xi an Road Network Improvement Project include: Leading Group of Xi an Road Network Improvement Project (in charge of land acquisition, demolition, and leading, organization and coordination of activities, approval of plan, and implementation of internal monitoring and inspection.) Xi an Urban and Rural Construction Commission (Project executing agency) (in charge of making relocation policy, formulating relocation and plan and implementing land acquisition and demolition.) Xi an Municipal Infrastructure Construction and Investment Group Co., Ltd. (Project implementation agency) (As the specific implementing agency, it is responsible for survey on social economy and physical goods, assists in compiling relocation and plan, and also contacts with The Bureau of Land and Resources of Xi an, various township governments and village committees of the affected villages to carry out the specific relocation and work)

25 The Bureau of Land and Resources of Xi an (in charge of procedures settlement, examination and approval of land acquisition, coordination, management, monitoring and arbitration, as well as the supervision, arbitration, coordination and management of housing demolition on collectively-owned land and relocation &.) Xi an Urban Demolition and Resettlement Management Office (in charge of application transaction, examination, approval, license releasing, and coordination, management, monitoring and arbitration, as well as monitoring, arbitration, coordination and management of housing demolition and.) Affected subdistrict offices (in charge of making the plan for reconstruction of urban villages, organizing consultation and information release, monitoring building reconstruction and work.) Various affected villages (neighborhood) committees (village committee is in charge of providing land contract data, coordinating various investigation work, adjusting the homestead and contracted land after land acquisition and demolition, and providing jobs for the affected vulnerable groups. The community is in charge of mobilization, publicity, completion of measurement, assessment and signature & negotiation on demolition agreement together with the relevant technicians, and provision of the affected vulnerable groups.) Design Institute (in charge of engineering project design and conformation of the specific scope of demolition) 6.2 Capability of implementation agency The staff concerned with relocation will be the representatives from the relevant bureaus of the Xi an Municipal Government. The staff members have a wealth of experience and they have all taken part in many projects involving land acquisition, demolition and relocation. Because they are from different departments of the government, they can play an active role in implementation and coordination. The leading group consists of 28 presidents or vice presidents of relevant departments. 6.3 Assessment To ensure the smooth implementation of, more efforts shall be made to conduct trainings for grassroots staffs of relocation, develop training plan, and establish the system of personnel training of relocation agency in city, district, subdistrict and village levels as well as human resource development. The trainings of relocation project management and relocation process management are the same content. In addition, the relocation agencies of all levels shall be strengthened gradually, especially professional technical forces, and all kinds of personnel should reach the qualified professional standard and management level; the technical equipment shall be strengthened such as computer, monitoring equipment, traffic tool, etc.; and the database shall be established to improve information feedback so as to ensure the unimpeded information flow from high level to low level, and significant problems shall be solved by leading group.

26 7 Negotiation, public participation and complaint procedure 7.1 Public participation and negotiation Because the implementing plan was adjusted, consultant experts updated the RP and added the adjustment details in September The experts focused on surveying and investigating the impacts of the four first-batch subprojects. The following is the public participation and consultation information. Table 12 Information disclosure process and plan Time Location Publicized content Way of publicity Affected unit (community) Lianhu District People s Government Introduction to Xinghuo Road project Data and information access Fenghe Village Hongmiaopo Subdistrict Office Weiyanggong Subdistrict Office Lianhu District People s Government engineering Introduction to Hongmiaopo Interchange project Introduction to North 2nd Ring Road project Release of land acquisition and demolition information and relevant introduction Posted public announcements, data and information access Posted public announcements, data and information access Posted public announcements, data and information access Xi'an Fangxin Food Factory The Second Engineering Company of Sinohydro Corporation Engineering Bureau 15 Co., Ltd. Fenghe Village Hongmiaopo Subdistrict Office Release of land acquisition and demolition information and relevant introduction Posted public announcements, data and information access Xi'an Fangxin Food Factory Weiyanggong Subdistrict Office Lianhu District People s Government Hongmiaopo Subdistrict Office Release of land acquisition and demolition information and relevant introduction Report on relocation and plan (first draft) Report on relocation and plan (first draft) Posted public announcements, data and information access Posted public announcements, data and information access Posted public announcements, data and information access The Second Engineering Company of Sinohydro Corporation Engineering Bureau 15 Co., Ltd. Fenghe Village Xi'an Fangxin Food Factory Weiyanggong Report on Posted public The Second

27 Subdistrict Office Lianhu District People s Government Hongmiaopo Subdistrict Office Weiyanggong Subdistrict Office relocation and plan (first draft) Report on relocation and plan Report on relocation and plan Report on relocation and plan announcements, data and information access Data and information access Data and information access Data and information access Engineering Company of Sinohydro Corporation Engineering Bureau 15 Co., Ltd. Fenghe Village Xi'an Fangxin Food Factory The Second Engineering Company of Sinohydro Corporation Engineering Bureau 15 Co., Ltd. Table 13 Public participation Proje ct name Xi an Urba n Road Netw ork Impro veme nt Proje ct of Phas e II City /co unt y (dis trict ) Lia nhu and Wei yan g Dist rict s of Xi a n Participan ts PMO of Xi an network improvem ent project, Land Bureau Office of Lianhu District, affected people (including leaders, women represent atives, poor househol d represent atives, represent atives of affected peoples, etc.), resettlem ent group, Metho d Intervi ew, discus sion and questi onnair e Inves tigati on on the affec ted physi cal quan tity of the proje ct Nove mber 9-18, 2012 Social, econo mic and resettl ement intenti on survey Nove mber 19-25, 2012 Activity content and time Comp ensati on and resettl emen t polici es Nove mber 26 to Dece mber 5, 2012 Nego tiatio n of resett leme nt propo sal Dece mber 5-12, 2012 Check of the affected physical quantity of the project August to October 2013 Survey on resettlem ent intention Novemb er 2013 to January 2014 Main conclusi on Survey on physical quantity: approval of both parties and real and accurate data; compens ation and resettlem ent policy: accordin g to the national and local policy; resettl ement plan: specific, practicab le, satisfied by the affected people;

28 Proje ct name City /co unt y (dis trict ) Participan ts design unit Metho d Inves tigati on on the affec ted physi cal quan tity of the proje ct Social, econo mic and resettl ement intenti on survey Activity content and time Comp ensati on and resettl emen t polici es Nego tiatio n of resett leme nt propo sal Check of the affected physical quantity of the project Survey on resettlem ent intention Main conclusi on support the project construct ion Since November 2013, Shaanxi Kexin Consulting Services Company and experts from Shaanxi Academy of Social Sciences have surveyed the intention of affected people of Sinohydro Corporation Engineering Bureau 15 Co., Ltd. and Fangxin Food Factory for many times, so as to ensure the North 2nd Ring Road-Zhuhong Road subproject can be implemented rapidly. According to the requirements of Social Stability Risk Evaluation Rules for House Acquisition on State-owned Land issued by Xi'an Security and Administration Bureau on December 25, 2013, the agreement rate of the land offerees of old urban area reconstruction project shall reach above 95%, and the survey shows the rate has reached 89% at present (Relevant original data for survey has been submitted to Xi an Security and Administration Bureau). Now more efforts have been made to consult with the affected households with disagreement. According to the survey, the reason why a few affected households disagree to move is not because they are unhappy with the compensation scheme, but because of age, living habits and other reasons. To solve this problem, the implementing units are expected to talk with those people and work out different schemes, such as, modification of project design, so that the project can be conducted smoothly. 7.2 Complaint of affected people During the formulation and implementation of the RP, public participation has been and will continue to be encouraged in order to avoid or resolve future disputes. However, it is inevitable that unforeseen problems will arise. In order to solve such problems effectively and to ensure successful implementation, the project will set up an open and effective complaint and appeal system. The basic contents will be as follows: Stage 1: If residents have complains about arrangements regarding land acquisition, housing demolition and/or resident, they may first report their complaints to the village committee or the enterprises in written or verbally, and ask for a solution or response. If the compliant is made verbally, the village committee or the enterprises should write the complaint down. The village committee or the enterprises should resolve the complaint within two weeks.

29 Stage 2: If a resident is not satisfied with the result, he/she can appeal to the Sub-district Committee after receiving the decision. The Sub-district Committee should resolve the problem within two weeks. Stage 3: If the resident is still not satisfied with the result, he/she can appeal to district government/ District urban village reconstruction office,. The district government/ District urban village reconstruction office should resolve the problem within 30 days. Stage 4: If the resident is not satisfied with the result from district government/ District urban village reconstruction office, he can appeal to Xian municipal urban & rural construction commission/ Xi an Urban Village Reconstruction Office, or, in accordance with the Law of Civil Procedures, he/she can take an administrative lawsuit to Xi an Municipal People s Court within three months.

30 8 Conclusion and Suggestion 8.1 Staged assessment (1) Specific conclusion cannot be made because the land acquisition and demolition have not started. The main of affected people is wage and the acquisition and demolition only exert influences on enterprise living area but the wage of employees. Thus, the land acquisition has little impact on the life of affected people. (2) The implementation of the project will hardly affect the occupation of land, and affected enterprises and people are both beneficiaries and users of the project, therefore, the land acquisition and demolition obtain great support from the affected residents. Besides, the affected enterprises and people will be compensated and resettled when their land and housing are affected by the project. It takes into account the interest and benefits of the project, collectivity and individual, thus obtaining the support from various benefits-related parties and ensuring the project can be implemented smoothly. (3) The principle of public participation is well presented, and the rights and interests of vulnerable groups and women are guaranteed. 8.2 Suggestions Our measuring and consultation work goes well for the great support from Xi an Municipal Construction Committee and City Investment Corporation. Our sincere thanks go to various relevant institutions, and suggestions are put forward for the land acquisition and demolition in future: (1) In terms of the of Sinohydro Corporation Engineering Bureau 15 Co., Ltd., 11% of the households are not willing to move in accordance with the survey on intention. And according to the current policies and regulations of Xian City as well as ADB s policy, it is difficult to facilitate the smoothly. Thus, the project proposal shall be adjusted currently to avoid or reduce the of people and accordingly carry forward the project implementation. 2 Concerning the of FangXin Food Industry at Hong Miaopo Interchange, the monitoring unit finds the reason why the land acquisition and demolition implementation unit and the affected enterprises fail to reach an agreement for long in terms of compensation scheme of land acquisition is that, the affected enterprise Fangxin Food Industry puts forward the requirement that the whole living quarter be resettled should be dealt with, but the implementation unit can not provide the location of the corresponding scale. In case the 135 households affected by the project are resettled in advance, there will be conflict between the affected households of early and that of the late return with regard to the scheme If the requirement can not be met, another plan should be worked out so that the project can be conducted on the schedule. (3) It is suggested that the project unit shall consider the influence of traffic, acquisition and demolition and projects relating to the project or projects implemented in the surrounding area. For example, if the design of Xinghuo Road subproject

31 considered that the affected Fenghe Village had been included in the Xi an urban village reconstruction project and tried to avoid acquisition and demolition as far as possible, it would not happen that the demolition of seven affected households could not be carried out smoothly because of the uncertain time of urban village reconstruction, resulting in slow project progress. (4) It is suggested that the project implementation agency gives consideration to proper demands and legal rights of affected people in acquisition and demolition. And compensation policies and procedures shall be regulated to make all affected people benefit from the project and accordingly are willing to support the project implementation, thus ensuring the project can be implemented smoothly. If other subprojects are under acquisition and demolition, sites shall be arranged in advance, so as to guarantee the affected people do not have to spend a transitional period or reduce the transition maximally. Then the project progress can be accelerated. (5) The timely and full payment of compensation is the key and basic work in land acquisition and demolition. However, other supporting policies on acquisition and demolition shall also be implemented. For instance, some households positively support the project, and timely remove to newly-built house, but meet difficulties in life because the roads, water and power supply and other supporting facilities have not been constructed well. It is suggested that the PMO should investigate and realize the possible similar situations and cooperate with relevant departments in implementing compensation policy. (6) It is suggested that the project units should try its best to avoid big changes from project design to implementation, keep the consistency and stability of project and avoid repeated work. (7) Do not summarize data in advance. Objectively analyze, evaluate and summarize the actual situation and work progress. Try to avoid working passively.

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