RP213 Volume 4
Electrification Project of Zhe-Gan Railway Public Disclosure Authorized (Hunan Section)
RESETTLEMENT ACTION PLAN Public Disclosure Authorized Public Disclosure Authorized
Foreign-Financing Center of Ministry of Railways, PR China East China Investigation and Design Institute under State Power Corporation Public Disclosure Authorized May 2004
FiLE COPYi Approved by: Gong Heping
Examined by: Bian Bingqian
Checked by: Xu Chunhai Mao Zhenjun
Compiled by: Zhu Qiang Li Min'an Xia Yunqiu
2 ±1ss.. . . List of Contents
OBJECTIVES OF RESETTLEMENT PLAN AND DEFINITION OF RESETTLEMENT TERMINOLOGY...... 1 1 Generals ... 3 1.1 Project Background .. 3 1.1.1 Existing conditions .3 1.1.2 Necessity of railway electrification .3 1.1.3 Significance of project .5 1.2 Project Design and Design Approval .. 6 1.3 Description of Project .. 7 1.4 Project Impacts .. 9 1.5 Measures To Alleviate Project Impacts .. 10 1.5.1 In project planning and design stage .10 1.5.2 In project implementation stage .10 1.5.3 In resettlement action planning and implementation stage .11 1.6 Project Schedule .. 11 1.7 Preparation for Resettlement, Monitoring and Evaluation . .12 1.7.1 Breakdown of affected inventories and supplementary survey .12 1.7.2 Social and economic survey .13 1.7.3 Resettlement plan .13 1.7.4 Preparation of resettlement monitoring and evaluation .13 1.8 Policy Frame and Targets of RAP .. 14 1.8.1 Policy frame .14 1.8.2 Policy Objectives .15 2 Natural Social and Economic Conditions of Project-Affected Provinces ... 16 2.1 Natural Social and Economic Conditions .. 16 2.2 General of social and economy . . . 19 2.3 Basic Conditions of Project Affected Households . . .22 3 Project Impacts . . .28 3.1 Confirmation of the scope of project impacts . . .28 3.1.1 Land acquisition for the project .28 3.1.2 Temporary land for construction .28 3.2 Investigation of project impacts . . .28 3.3 Inventory index of project impacts . . .30 3.3.1 Land Acquisition/occupation .30 3.3.2 Relocated buildings and auxiliary facilities ...... 36 3.3.3 Population affected by the Project ...... 41 3.3.4 Enterprises, institutions and individual commerce ...... 44 3.3.5 Sporadic trees and graves ...... 45 3.3.6 Special facilities ...... 47 3.3.7 Affected facilities for production and living ...... 47 3.4 Analysis of impacts of land acquisition on regional social economy .. 48 4 Policy Framework for Resettlement ...... 52 4.1 Policy Basis ...... 52 4.2 Relative Laws and Regulations ...... 52 4.2.1 Relative specifications of "Land Administration Law of the People's Republic of China"...... 52 4.2.2 Main rules of Interim Regulation of The People's Republic of China on Taxation for Farmland Occupation...... 64 4.2.3 Main rules for implementation of "Land Administration Law of PRC"" of Hunan province ...... 65 4.2.4 Relative specifications of Operational Manual--OP 4.12 ...... 68 4.3 Compensation Standards ...... 70 4.3.1 Compensation criteria for rural resettlers ...... 70 4.3.2 Compensation criteria for relocation of enterprises and public institutions. 71 4.3.3 Compensation criteria of special item restoration ...... 72 4.4 Entitlement Matrix ...... 72 5 Resettlement and Rehabilitation Plan ...... 75 5.1 Objectives and Tasks ...... 75 5.1.1 Resettlement target ...... 75 5.1.2 Resettlement Task ...... 75 5.2 Resettlement Guideline and Principle ...... 75 5.2.1 Resettlement Guideline ...... 75 5.2.2 Resettlement Principle...... 76 5.3 Overall Resettlement Scheme ...... 76 5.4 Analysis on Carrying Capacity for Resettlement ...... 77 5.4.1 Natural conditions and land resources ...... 77 5.4.2 Resettlers' characteristics and relationships ...... 78 5.4.3 Basic Infrastructure Conditions for Production and Living ...... 78 5.4.4 Economic Development Potential of the Affected Area ...... 79
ii 5.5 Resettlement and Rehabilitation Plan ...... 79 5.5.1 Plan of production recovery and resettlement ...... 80 5.5.2 Plan for house relocation ...... 83 5.5.3 Social service facilities in resettlement plot ...... 84 5.5.4 Resettlers' Administrative Management and house construction ...... 84 5.5.5 Administration of Resettlement implementation organizations ...... 84 5.6 Rehabilitation Plan for Special Facilities .. 85 6 Cost Estimation on compensation for land requisition . . .86 6.1 Compiling basis and principles ...... 87 6.2 Compensate standards ...... 88 6.2.1 Compensation to rural resettlers ...... 88 6.2.2 Compensation for removing of organizations and enterprises ...... 89 6.2.3 Compensation for reconstruction of special item ...... 89 6.2.4 Other Fees ...... 90 6.2.5 Contingency ...... 90 6.2.6 Related tax ...... 90 6.3 Compensation cost . . . 91 7 Resettlement Implementation Plan ...... 94 7.1 Implementation procedures . . . 94 7.2 Schedule . . . 96 7.3 Payment . . . 99 7.3.1 Principles of payment .99 7.3.2 Institutions assuming financial responsibility for resettlement .99 7.3.3 Fund flow .100 8 Institutional Organizations ...... 103 8.1 Institutional Arrangements ...... 103 8.1.1 Organizations ...... 103 8.1.2 Responsibility of the organizations ...... 103 8.1.3 Staffing ...... 108 8.1.4 Organization chart ...... 109 8.2 Working Relations between Organizations ...... 109 8.3 Measures for Enhancing Capacity of Organizations ...... 110 9 Participation and Grievance Procedure ...... 111 9.1 Public Participation ...... 111 9.1.1 Participation in Resettlement Preparation ...... 11...... I
iii 9.1.2 Participation in RAP Preparation ...... 11 9.1.3 Participation during Resettlement Implementation ...... 115 9.2 Grievance and Appeal ...... 117 10 Monitoring & Evaluation ...... 119 10.1 Internal Monitoring ...... 119 10.1.1 Target and Task ...... 119 10.1.2 Institution and Staff ...... 119 10.1.3 Monitoring Contents...... 119 10.1.4 Monitoring Procedures ...... 120 10.2 External Independent Monitoring and Evaluation ...... 120 10.2.1 Target and Tasks .120 10.2.2 Institution and Staff .121 10.2.3 Main Indicators to be Monitored and Evaluated .121 10.2.4 Monitoring and Evaluation Measures .122 10.2.5 Working Processes .124 11 Reporting...... 126 11.1 Resettlement Action Plan (RAP) Report ...... 126 11.2 Internal Monitoring Progress Report ...... 126 11.3 Independent M&E Report ...... 128 Attachment I: Record of visit meeting ...... 129
iv OBJECTIVES OF RESETTLEMENT PLAN AND DEFINITION OF RESETTLEMENT TERMINOLOGY
This Resettlement Action Plan (RAP) is prepared according to the Laws and Regulations of PRC and the resettlement policy of (KInvoluntary resettlement ) OP4.12/BP4.12 of the World Bank. The purpose of this document is to set out an action plan for the Resettlement and Rehabilitation of the Project Affected Persons (PAPs) to ensure that they will benefit from the project and their standards of living will improve or at least be restored after the project impact. Acquisition of land and other assets for the project will adversely affect the livelihood of persons who live, work or earn their living on the land that will be acquired for the project. PAPs are defined as those persons whose income or livelihoods will be adversely affected by land acquisition for the project. PAPs include the following categories:
a) persons who have a title, right, interest, in structures (houses, enterprises, shelters, or public buildings), land (including residential, agricultural, and grazing land) or any other asset acquired or possessed, in full or in part, permanently or temporarily;
b) persons who use the structures, land or assets described above; or persons whose business, occupation, work, place of residence or habitat adversely affected; or c) persons whose standard of living is adversely affected as a consequence of land acquisition and/or resettlement activities.
Therefore, all these people who is affected will be considered and recorded without considering its condition of property, land or location.
All PAPs are entitled to the improvement or at least restoration of their standards of living, and compensation for the material losses they suffer. Compensation for assets will cover replacement cost. No deductions or discounts will be applied to the compensation amount for depreciation or other reasons. All PAPs deriving an economic benefit from the affected land and property are entitled to receive rehabilitation benefits in addition to the compensation for their assets lost. Those PAPs without title, authorization or legal permission to reside, conduct business, cultivate land or construct structures are eligible for rehabilitation of their livelihoods
I and compensation for their assets on an equal footing with those with formal legal title, authorization or permission to the assets.
The term of Resettlement and Rehabilitation:
Resettlement and Rehabilitation means: the arrangement of production and living of project affected person, the restoration of the PAPs' resource capacity to continue with productive activities or lifestyles at a level higher or at least equal to that before the project. a) the relocation of living quarters; b) finding acceptable new employment for those whose jobs are lost or severely affected; c) restoration (or compensation) of affected productive resources such as land, workplaces, trees and infrastructure; d) restoration of other adverse effects on PAPs' living standards (quality of life) through land acquisition, indirect resettlement impacts or other project impacts(as harmful gas by pollution,etc.); e) restoration of or compensation for affected private and public enterprises; f) restoration of adversely affected on cultural or common property.
The objective of this RAP is to provide a plan for the resettlement and rehabilitation of the PAPs so that their losses will be compensated and their standards of living will be improved or at least restored to the pre-project levels in a sustainable manner. Affected productive resources of businesses, enterprises (including shops) and public facilities will also be improved or at least restored to their pre-project levels.
2 1 Generals
1.1 Project Background 1.1.1 Existing conditions
The Zhe-Gan Railway runs within Zhejiang, Jiangxi and Hunan provinces, starting in the east from Hangzhou, Yiwu, Jinhua, Shangrao, Hengfeng, Guixi, Yingtan, Xiangtang, Pingxiang to Zhuzhou in the west, totally 942.648km long. This railway connects the Hu-Hang Railway, Xuan-Hang Railway and Xiao-Yong Railway at its east end, and links the Jing-Guang Railway and Xiang-Qian Railway at its west end. It runs across the Jing-Jiu, Ying-Xia, Wan-Gan, Heng-Nan and Jin-Wen railways. The Zhe-Gan Railway serves for passengers and goods transportation between the East China Region, South China Region and Southwest China Region, and is the busiest railway trunk connecting the east and west of China and the important component of the"8 -Longitudinal-plus-8-Transverse Railway Network" and the"4-Longitudinal- plus-4-Transverse Express Railway Network" of China. The Railway is under the jurisdiction of three railway bureaus, i.e., Shanghai, Nanchang and Guangtie Railway Group, respectively managing the railway section KO+000- K324+531.59 (324.634km long, by Hangzhou Branch of Shanghai Railway Bureau), railway section K324+531.59-K889+670 (563.138km long, by Nanchang
Railway Bureau) and railway section K889+670 K944+546 (54.876km long, by Changsha Company of Guantie Group).
From Hangzhou to Zhuzhou, the Zhe-Gan Railway has 111 railway stations (including six complex railway stations at Hangzhou, five at Yingtan, and two at Zhuzhou), 42 railway stations under the management of Shanghai Bureau, 62 under Nanchang Bureau and 7 under Guantie Group. Along the railway length, there are four key passenger stations (i.e., Hangzhou, Jinhuaxi, Yingtan, and Zhuzhou), two marshalling stations (i.e., Yingtandong and Xiangtangxi) and one regional station (Jinhuadong).
1.1.2 Necessity of railway electrification The traveling speed-raising of the Zhe-Gan Railway by electrification has great profound significance not only in the state's energy policy adjustment and energy source restructuring, lowering of environmental pollution, improving environmental quality, but also in self-developrhent of railway transprtation industry, enhancing the
3 capability of trunk railway in the network, increasing trunk railway quality, raising train traveling speed, updating the service level, strengthening the competitiveness in transportation market, decreasing the operation cost, increasing the benefit of railway transportation and realizing the sustainable development of the railway transportation industry. At the same time, the scientific and technological level in railway transportation industry can be heightened and modernization of railway service can be promoted. Therefore, it is of great importance to raise the transportation speed of the Zhe-Gan Railway by electrification.
A. Necessary for state's energy policy adjustment and energy source restructuring energy utilization Taking electricity as driving power can facilitate using of wide range of natural resources, which enable the state to use the energy in an economically rational way, and is favorable to realize common-sharing of resources and optimum distribution of resources. This can avoid additional long-distance transportation cost caused by oil consumption of railway itself, avoid the non-normal oil loss in storage and transportation, thus, reducing the operational cost of railway operation. This will safeguard the energy supply and prevents the impact of oil price rise caused by the international oil price escalation, thus, getting rid of the impact of oil crisis and obviating the risk. This is also beneficial in take the full advantages of the electric facilities along the railway route and in solving the environmental pollution caused by burning of diesel oil, thus, promoting the environment-friendly development of energy industry. Therefore, rebuilding of the Zhe-Gan Railway by electrification fully reflects the state's energy policy, coincides with the state's orientation in energy development, benefit the implementation of sustainable development strategy of the country. It is the need for state's energy policy adjustment and energy source restructuring energy utilization. B. Favorable to rational distribution of electrified railways The China's Main Technical Policy for Railways points out that electric power driving method should be adopted along the main busy trunk railways, express railway, specific coal-transporting railways, and railways on long inclined slopes and in long tunnels. As a key trunk railway, the electrification of Zhe-Gan Railway will contribute to realizing of electrified railway network in Each China.
4 C. Necessary for improving operational conditions and shooting at even greater market shares The rebuilding of Zhe-Gan Railway by electrification will be favorable to raising the passenger train traveling speed, and arranging passenger trains arriving destinations with a half day, and will improve the service condition to a great extent by which the passengers and cargo owner can be satisfied in traveling speed requirement, cosiness, quickness and keeping on schedule, thus, well positioning the railway service in the future transportation market. D. Necessary for raising traveling speed, lowering operation cost and increasing benefits The Zhe-Gan Railway will not only increase the traveling speed, greatly improve the conditions of attracting passengers, satisfy the demand of transportation volume and enhance the competitiveness in transportation market, but also expedite the circulation of the locomotives and compartments, thus, lowering the operation cost and the benefit of the railway utilization. E. Favorable for reducing pullution to environment and improving environmental conditions After electrification of the railway, except few internal-combustion engine locomotiveswhich will be used for local branch railways, the Zhe-Gan Railway will totally adopt electric-power driven locomotives, which will greatly reduce the pollutant emmision volume. It is estimated that the quantity of emitted smoke volume will be reduced by 38.6%, S02 by 26.7%, NOX by 87% and CO by 48.5%. The energy consumption will be reduced by 250500 tons, and the local environment along the railway routes and around the machine repair spots will be definitely improved. 1.1.3 Significance of project The Zhe-Gan Railway is the core section of the Shanghai - Kunming Passage, and serves for most of passengers and goods exchange between the East China Region, South China Region and Southwest China Region. The southwestern China has abundant unique resources and is a labor souse concentrated area, thus, having strong economic complementary effect with the East China Region. Along with implementation of Western-Development Strategy, the social and economic deveopment in the western China has geared up on quick track, the connection between the east and west will be more and more tightend and frequent. The
5 Zhe-Gan and Jing-Jiu railways will jointly provide a simpliest and quickest in-land passage between the Yangtze River Delta and Zhujian River Delta, and will provide a good condition for enhancing the connection between the two major economic developed areas. Meanwhile, the Zhe-Gan Railway is also one of the key passages in the East China Region. Therefore, the Zhe-Gan Railway plays an important role in connecting the eastern and western and southern China as well as the internal connection of East China Region, promoting the economic development in the areas along the railway routes, and implementing Western-Development Strategy and shortening the gaps between the eastern and western China. The Zhe-Gan Railway is the important component of the"8-Longitudinal-plus -8-Transverse Railway Network" and the"4-Longitudinal- plus-4-Transverse Express Railway Network" of China. It connects quite a few of trunk and branch railways and is the most important busy railway running across the eastern and western China on the south of the Yangtze River, playing an important role in communicating the East China with Mid China Region, South China Region and Southwest China Region. The Zhejiang Section of the Zhe-Gan Railway is the only railway passage of Zhejiang Province to Fujian Province and Jiangxi Province as well as to the Mid-China Region and Southwest China Region. It is also the key component of the City-to-City Express Railway Network in the Yangtze River Delta. Upon completion of the electrification of Zhe-Gan Railway the traveling speed and cargo capacity of the Railway will be greatly increased. The project is in coincident with the state's policy of energy restructuring and sustainable development strategy, and will promote the social and economic development of Hunan Province.
1.2 Project Design and Design Approval The feasibility study report of the project had been completed by March 2002 and was examined at mid March same year by Planning Department and Engineering Appraisal Center of Ministry of Railways. The railway route measurement was completed in mid February - mid May in 2002. The preliminary design of the project by No.2 Railway Investigation and Design Institute (herein after referred to as No.
Institute) was completed from April 1st 2002 to end of June same year based on the (draft) examination comments to the feasibility study report, which was examined at mid July in Beijing by the Engineering Appraisal Center of Ministry of Railways. According to the examination comments to the feasibility study report and
6 pre-examination comments to preliminary design of speed-raising project, the preliminary design for expanding capacity and electrification for speed raising component of the project was completed in Oct. 2002. The construction drawings for speed raising project was completed in the first season of 2003. In May 2003, the rebuilding of Zhe-Gan Railway for speed raising was re-studied as requested by the ministry, and the re-design scheme passed the examination organized by the Planning Department of the Ministry in June 2003, and the revised design report was submitted to the Ministry for approval on June 2 0 th and passed the examination of the Engineering Apraisal Center on August 2 0 th 2003. The railway route was re-measured from September 1st 2003 and the preliminary design report was completed in October 2003.
The feasibility study report has been approved by the State Council, and the project listed as one of the 12 new large-scale projects to start constructing in 2003.
1.3 Description of Project The Zhe-Gan Railway is 912.248km long at present (from K30+400-K944+546). In the rebuilding project, 472.242km length will have double lines. After rebuilding, the Railway will be 885.667km in total, which is shortened by 26.581 km as compared with the existing Railway. The railway length within the scope of respective railway bureaus is shown in Table 1.1.
7 Railway Length Within Scope of Respective Railway Bureaus
Table 1-1
Description Shanghai Nanchang Guangtie Total length Bureau Bureau Group Existing length (left line) 294.234 563.138 54.876 912.248 Length after Left line 281.586 550.534 53.547 885.667 rebuilding Right line 282.308 549.612 53.632 885.552 Single line building plus single line 18/10.587 37/21.68 32.267 rebuilding s Two line rebuilding 15/27.108 64/92.441 2/4.902 124.451 a Single bypass line -Ja buildingSingle bypass line14/20.516 14/46.248 4/13.082 79.846 C
n Twobuilding 37/302.479 89/351.489 6/53.952 707.920 G Total (counting by 360.69 511.858 71.936 944.484 r single line)
C In which: shifting 33.04 75.82 4.484 113.344 .- distance0-0.2m 0 : Relocating distance 27.197 65.661 5.041 97.899
After rebuilding of the Zhe-Gan Railway, 34 railway stations on trunk line will be closed, they are Puyang, Zhufu, Hongmen, waicheng, Anhua, Suxi, Guantang, Xiaoshun, Gufang, Huzhen, Anren, Nianlijie, Xiazhen, Xhaxi, Luoqiao, Jiudu, Zhujiakeng, Hetanfu, Liujia, yangxi, Siqian, Xiafuji, Zhangwangmiao, Xiaoxiangkou, Tuochuanfu, Xinju, Changfu, Shuixi, Jieshui, Xiapu, Wanghua, Xuanfeng, Laoguan, Banshan. The existing BaiYuan and Lilingdong Railway stations will be changed into the branch railway stations
After completion of the electrification of the Railway, a total of 69 railway statiions will be arranged, they are Lingpu, Meichi, Zhujidong, Zhuji, Paitou, Pujiang, Yiwu, Yiting, Tangya, Dongxiao, Jinhuadong, Jinhuaxi, Bailongqiao, Jiangtang, Tangxi, Shilipu, Longyou, Zhangshutan, Quzhou, Houxijie, Jiangshan, Shangpu, Hecun, xintang (totally 24, within the management of Shanghai Bureau); Huyan, Yushan, Guangfeng, Lingxi, Shangrao, Fenglingtou, Kengkou, Hengfeng, Yiyangdong,
8 Hetanfu (at the existing Hantan Railway Station), Guixi, Tongjia, Yingtandong, Yingtan, Yujiang, Dongxiang, Yaqian, Jinxian, Wenjiazheng, Liangjiadu, Xiangtangxi, Jiangjia, Tangang, Fengcheng, Zhangshhu, Zhangjiashan, Lingjiangzhen, Huangtugang, Luofang, Xinyu, Hexia, Fenyi, Bingjiang, Yichun, Xicun, Luxi, Quanjiang, Pingxiangbei, Yaojiazhou, Dengxinqiao (totally 40, within the management of Nanchang Bureau); and Liling, Yuanmenpu, Yaojiaba, Wulidun, Zhuzhou (totally 5 within the management of Guangtie Group).
A total of 21 railway stations will be equipped with substations specially to railway operation, they are Zhuji, Yiwu, Jinhuandong, Shilipu, Quzhou, Jiangshan, Yushan, Shangrao, Hengfeng, Guixi, Yujiang, Xiafuji, Xiangtangxi, Fengcheng, Lingjiangzhen, Xinyu, Bingjiang, Xicun, Pingxiangbei, Liling, Yaojiaba and Zhuzhoubei (existing one).
There will be 23 railway stations with electric power connecting networks, they are Meichi, Zhuji, Yiwu, Jinhuadong, Longyou, Quzhou, Jiangshan, Yushan, Shangrao, Hengfeng, Guixi, Yingtan (existing one), Yujiang, Jinxian, Xiangtangxi (I, ll), Qingyunpu, Fengcheng, Linjiangzhen, Xinyu, Yichun, Pingxiangbei, Liling, Zhuzhou. Of which, the Jinghuadong, Shangrao, Xiangtangxi II and Xinyu are the key stations. The railway stations serving as sub-district stations are Meichi, Pujiang, Xiaoshun, Jiangtang, Anren, Houxijie, Xiazhen, Shaxi, Kengkou, Hantan, Yingtandong, Dongxiang, Zhangwangmiao, Tangang, Zhangshu, Huangtugang, Jieshui, Yichun, Luxi, Laoguan, Banshanpu, and Zhuzhou. The Xiangtnagxi will serve as switching station and the Yingtandong will serve as both sub-district station and switching station.
1.4 Project Impacts The Hunan Section of the Zhe-Gan Railway (K889+670 - K944+546) is 54.876km long and runs through 3counties/cities/districts, including Dongfu town, Yangshanshi, Lailongmen, Huang-ni-ao, Banshan, Babuqiao, Xianxia, Yaojiaba, Baiguan, Wulitun, Jianing and the end of Zhuzhou city. The project land requisition and house relocation will affect 38 administrative villages (neighborhood committees) in 11 townships (towns/street). A total of 2357.4 mu of various kinds of lands will be requisitioned, including 1433.6 mu of farmland, 669.2 mu of woodlands, 235.5 mu of building lands, 19.2 mu of unused lands; The project will temporarily ocuupy 828mu
9 lands, including 501.7 mu of farmland, 239.5mu of woodlands, 81.4 mu of building lands and 5.4 mu of unused lands; A total of 29770m2 houses will be relocated, they belong to 485 PAPs of 137 households in 15 administrative villages of 7 townships (town/street), including 18255m2 of brick-concrete houses, 5441m 2 of brick-wood houses, 6075m2 of clay-wood houses. In addition, the project will also affect 57996 trees scattered in the project affected areas and a few special items.
1.5 Measures To Alleviate Project Impacts 1.5.1 In project planning and design stage The project construction will certainly cause land requisition, house relocation and inhabitant displacement, and will unavoidably affect the existing living and production conditions of the local inhabitants. During project planning and design stage, the designer and project owner have envisaged some measures to alleviate project impacts to local social and economic conditions, including:
A. In design scheme optimization and comparison, due considerations have been made in project impacts to local social and economic conditions and the project impacts were taken as key factors in the optimization and comparison of the design scheme. B. In order to reduce the quantity of requisitioned land and number of displaced inhabitants, the designer follows the principle of"keeping the prject site away from the densely populated area and reduce quantity of house relocation where possible, and minimizing the area of requisitioned land and farmland as well". C. Efforts were made to optimize the construction design, shorten the construction period, and reasonably schedule the house demolishing and rebuilding and construction time.
1.5.2 In project implementation stage A. Enhance the public participation mechanism. Before project construction, public notices were distributed, stating the construction commencement date, and planned construction schedules, and publicizing the compensation criteria for resettlement, house relocation and land reuisition. This is aiming at receiving the public supervision of the project affected sites.
B. Adopt dust-reducing measures. In order to keep the project construction sites in a clean and neat environment condition and to reduce the impact of construction ot
l0 the surroundings, water spraying for preventing dusts from the construction access roads in the population densed areas in those days with fine weather and wind. The The contractors are required to timely remove the excavated soil and rock through the well-planned mucking routes, prevent overloading of the vehicles and adopt measures to avoid rock and soil spilling out of the vehicles along the access roads. C. Treatment of wastes produced at construction sites. As the project construction period is long, there will be a large number of construction staff and workers, and a large quantity of living rubbish and wastes of various kinds will be produced at the construction sites, the project owner and contractors should timely clean off the rubish and wastes according to the local environmental and sanitation authorities so as to keep the sites clean and prevent epidemics. D. During project construction, the local construction materials should be first adopted and the local transportation service and labors should be used first so far as technically feasible, so that the PAPs can be benefited from the project construction. 1.5.3 In resettlement action planning and implementation stage In case when the house relocation and land requisition are unavoidable, the following measures should be adopted to reduce the project impact ot the local conditions.
A. Strengthening the basic date collection, in-depth analysis on the existing and future development of the local social and economic conditions, and an operatable RAP should be worked out with due consideration of the local reality, so as to safeguard that the living standard of the PAPs will not be lowered as a result of the project construction. B. Enhance the internal and external monitoring and establish the effective message feedback mechanism and channels. Efforts should be made to shorten the information handling circle to ensure the problems encountered to be handled in time. C. Effective measures should be adopted by the contractors to minimize the project construction ot the local production system.
1.6 Project Schedule According to the general project schedule, the project construction commenced on Feb.28th 2004. The planned construction period is about four years, in which 20 months will be for the speed-raising works (completed in Oct. 2005) and 14 months for
11 electrification works (completed in Dec. 2006). According to the general project schedule, the preparatory work for resettlement implementation has been completed and the Resettlement Action Plan (RAP) prepared in the light of the World Bank guideline will be submitted in March 2004 to the World Bank for appraisal. The resettlement implementation started in Feb. 2004. The official formalities for land requisition, house relocation and inhabitant displacement are underway now and the resettlement work are planned to complete before Jun. 2005, and the monitoring and evaluation on the land requisition, house relocation and inhabitant displacement will be followed according to the World Bank requirements.
1.7 Preparation for Resettlement, Monitoring and Evaluation 1.7.1 Breakdown of affected inventories and supplementary survey
In Jan. - Mar. 2004, under the leadership of Ministry of Railways, Shanghai Railway Bureau, Nanchang Railway Bureau and Guangtie Group, the Project Investigation Working Group was established, which is staffed by the persons from the Zhe-Gan Railway Project Command Offices of Shanghai Railway Bureau, Nanchang Railway Bureau and Guangtie Group, resettlement advisory unit, local government departments at different levels and relevant organizations along the railway (Jiangxi Section). With the technical guidance of East China Investigation and Design Institute (the resettlement advisory unit of the Project) the Working Group broke down the affected inventory indexes provided by No.2 Institute in Oct. 2003, which resulted from the survey within the scope of land requisition and resettlement as determined in the revised preliminary design, and carried out supplementary survey. In addition, based on the survey into the social and economic conditions and environmental capacity for resettlement in the project-afected areas, the resettlement advasory unit provided the technical guidance and consultation in analysis on environmental capacity for resettlement and formulation of the plans of land requisition, house relocation and inhabitant displacement. The work in these two months was actively supported by the local governments at all levels as well as the village (neighborhood) committees and the PAPs. Inventory breakdown and supplementary survey cover different affected objectives including various types of requisitioned land, affected population, relocated houses and annexes, fruit trees and woods and relocated special items, etc.
12 1.7.2 Social and economic survey
In order to analyze the project impact and formulate a feasible PAR, the project command offices of Shanghai Railway Bureau, Nanchang Railway Bureau and Gunagtie Company, resettlement consulting unit, local governments, and relevant units along the railway, conducted detailed social and economic survey at the project affected areas and host sites. The survey covered the land resources, industrial structures, economic level, income and expense condition, population, living mode, culture and custom, traffic condition, natural resources and possible future development, etc. The survey was carried out by data collectin and sampling, and based on the data and information obtained, the existing local social and economic conditions and actual living and production conditions were analyzed.
1.7.3 Resettlement plan
The resettlement planning of the project was carried out under the leadship of the local county (city,district) governments, which was based on the project affected scope, and quantity of the affected inventory. The plan was prepared based on the opinions of the villagers and resettlers and the actual conditions of the affected townships, (towns, farms, development districts) and villages. The main measures to be adopted in the resettlement are re-allocating the land within the original villages and village groups, improving the infrastructures, developing the secondary and tertiary industies, economic compensation and procuring endowment insurance. It is to carry out the principle of production-developable reseettlement so as to ensure that the host sites possess the basic materially living conditions and the potential for future development, and to combine the resettlement with the regional economic development so that the PAPs can restore their living standard or even better than that before resettlement.
1.7.4 Preparation of resettlement monitoring and evaluation
The project owner has entrusted Importing and exploiting Researching Office of Xinan Jiaotong University to carry out the independent resettlement monitoring and evaluation for the project. The preparation of resettlement plan was organized by the project owner and participated by the project design unit, monitoring and evaluation unit and local governments at all levels. The monitoring and evaluation unit provided the technical consulting service, the design unit defined the resettlement scope and
13 the local governments were responsible for formulating the specific schemes for land requisition and house relocation and inhabitant resettlement. Since March 2004, a great deal of work has been completed, including successive estaablishment of resettlement organizations, determination of project affected scope, work outline of the the RAP, survey of the project affected inventories, social and economic survey, research work for policy adoption, formulation of the resettlement schemes, cost estimate for resettlement compensation, etc.. The RAP of the project(Hunan Section) was finalized and preparation for resettlement monitoring and evaluation was completed.
1.8 Policy Frame and Targets of RAP 1.8.1 Policy frame (1) The Land Administration Law of the People's Republic of China (effective as of January 1, 1999);
(2) Implementation Regulations for Land Administration Law of the Peoples Republic of China (Promulgated by Order No.256 of the State Council of the Peoples Republic of China); (3) ((Regulations for Basic Famrland)) (Promulgated by Order No.257 of the State Council of the Peoples Republic of China); (4) ((Regulations for Farmland Occupation of PRO)) (Notice of State Council (1987) No.27);
(5) ((Implementation Regulations for Forestry Law of PRC)) (Promulgated by Order No.278 of the State Council of the Peoples Republic of China) (6) Rural Land Contract Law; (7) Organization Law of Villager Committees; (8) ((Implementation Method of Hunan Province for < The Land Administration Law of the People's Republic of China > )) (effective on Mar. 31, 2000)
(9) (Management Method of Woodland of Hunan Province)) (10) ((Implementation Method of Land Re-reclamation of Hunang Province)) (11) Non-Voluntary Resettlement, Operational Policy OP 4.12 of the World Bank;
14 1.8.2 Policy Objectives
(1) Adopting engineering, technological, economical measures to avoid and reduce land requisition and house relocation; however, when land requisition and house relocation is unavoidable, effective measures should be adopted to reduce impacts on production activities and living conditions of local residents. (2) In the preparation stage of the project, social economic investigation should be conducted and relative resettlement plans should be compiled.
(3) Resettlement plan should be based on the affectted property indexes and compensation standards to improve, and at least to restore the original living standard of resettlers.
(4) Promoting developmental resettlement. Resettlement of rural part should be based on the land, and supported on advanced local second and third industries to seek more employment.
(5) Encouraging resettlers and original residents in the resettlement area to take part in the resettlement plan.
(6) Resettlement will be first settled in the original communities
(7) Resettlement and original residents in the resettlement area will benefit for the project.
15 2 Natural Social and Economic Conditions of Project-Affected Provinces
2.1 Natural Social and Economic Conditions Hunan Province is on the middle reach of Yangtze River and on the south of the Dongting Lake, between east longitudes 1080 47'-1.140 15' and north latitudes 240
39'-300 38'. The province is so named as it is on the south of the Dongting Lake.
Because of the name of largest river of the province - Xiangjiang River, the province has its short name of"Xiang". The province is neighboring Jiangxi Province on the east, bordering with Hubei Province on the north, and has Chongqing City and Guizhou Province on its west side, and Guangdong and Guangxi on its south. The province is between the two opening zones - south coastal zone and Yangtze River Basin zone of China, having a good geographical position. There are 11 cities directly under the administration of the province government, and two prefectures and 1 autonomous prefecture. Changsha is the provincial capital city.
The area of land of whole province is 211800 square kilometers, accounting for 2.2% of national territory area, ranking at the 11th position among all provinces. Hunan province has rich product resource as known as"fish and rice land","colored metal land"," nonmetal minerals land" and"famous travelling scenic spot" etc. The total woods storage is about 188 million cubic meters, surface water storage over 200 million cubic meters and underground water storage 455 million cubic meters. The water energy storage is 15320MW, 10830MW available for development, less than 25%. In over 140 mineral types discovered in China, Hunan has 124, in which antimony storage is in the first rank in the world, bismuth, tungsten, red arsenic, fluorite in the first position in China, led, zinc, mercury, grphite, kaolin in the second position in China, 43 minerals reserves as manganess, tin, molybdenum, barium, copper, gold and silver in the first five position in China. There are 10 major tourism regions with over 100 scenic spots.
Hunan province belongs to the monsoon humid climate district of subtropical zone, with adequate sunshine and plentiful rainfall, annual average temperature 10 - 18°C, annual average sunshine 1300 - 1800 hours, frost-free period 278 - 300 days, annual average rainfall 1200 - 1700mm, clear features of four seasons and available for agricultural development.
16 The land acquisition impact area and natural condition of Zhe-Gan railway electrification transforming project(Hunan section) is as below: (1) Zhuzhou city
Zhuzhou city is located at the east of Hunan province, at the east longitude 112.6°--1140, north latitude 26°--28°, with plentiful rainfall and sunshine, short cold and winter period, frost-free period 286 days, annual average temperature 16 °-18°, available for growth of various crops, where is really rich land. The boundary of Zhuzhou is of mountainous and rolling area, with many rivers, fertilized land, rich material resources and over 40 minerals. The climate, soil, geology and vegetation is good for economic development.
Zhuzhou city is important city of"one-poin-one-line" regional economic zone, and is also part of"golden triangle" of Changsha, Zhuzhou and Xiangtan city. Zhuzhou has unique advantage of location. Zhuzhou is the biggest traffic hub of our country at the south of China, near Guangdong at the south, Changjiang River at the north, Shanghai, Jiangxi and Zhejiang at the east, Sichuan, Chongqin, Yunnan and Guizhou at the west. It is a liking city to the East China, South China, Southwest China. The Jing-Guang, Zhe-Gan, Xiang-Qian railway, national road No.106, No.320, Jing-Zhu highway and Shang-Rui highway(to be constructed) is crossed in the urban area. (2) Lusong district
Lusong district is located at the south of Zhuzhou city, with area of 66.7 square kilometers, annual mean temperature 17.5 0, mean precipatation 1400mm, belong to the monsoon moist climate of subtropical zone. There are 4 street agency as Hejiatu, Jianshe, Jianning, Dongjiaduan, 3 townships as Jianning, Wulidun and Quci, 1 provincial level economic development part as Jianning development zone, 1 national high-tech park as Dongjiadun industrial park, with 57 neighborhood committees, 19 administrative villages, 193 villager groups, permanent population 226000, shifting population 200000. The geographic location is superior crossed by Jing-Guang, Zhe-Gan, Xiang-Qian railway, national road No.106, No.320, Jing-Zhu highway, Shang-Rui highway, provincial road No.1815, Zhuzhou railway station, Zhuzhou 1000t port, Zhouzhou South Motor Station, 35km to freight airport, 60km to Huanghua airport, where has very convenient condition for traffic, center of
17 economic, culture, communication, information, trade and financial of Zhuzhou city, as a"window" and"door" of Zhuzhou city, and important part of the golden delta area.
(2) Zhuzhou county
Zhuzhou county is located in central at east of Hunan province, middle reaches of Xiangjiang river. The topography is narrow at the EW and long at SN of hilly landforms. The total area is 1381 square kilometers, with population 444920, 14 townships, 7 town and 2 farms.
Zhuzhou is at the middle of"5-zones-1 -corridor" economic development zone, at the south of"Golden triangle" of city concentrated area of Changsha, Zhuzhou and Xiangtan, 14km to Zhuzhou city, with close link with them in social, economy and technology, accepting extensively the influence of its market, technology, capital and talent, which is really a typical suburban county.
The basic facilities are perfect day by day. Jing-Guang railway is pass through the south to the north, Zhe-Gan multiple-track and No.320 national road cross at the east to the west, and passenger and freight can be shipped to every place of the country; 53 kilometers of Jing-Zhu highway is pass through the county boundary, with 4 overpass; The goal of township-to-township bitumen road and village-to-village road has realized; The water transportation in Xiangjiang river can go Changsha and Hengyang, Linling upstream and to Changsha, Yueyang downstream to Changjiang river into the East China Sea; The post and telecommunications facility is complete, including 10000-gate programmed telephone, wireless calling, digital mobile communication; The power transmission and distribution facility is complete, and power supply is abundant; The urban water supply capacity and piping full and can ensure industry and living water supply.
The natural resource is extensive and rich, large water reserves can develop power of 154.6MW. The mountain is green and water is clear, climate pleasant, sunshine adequate, available for growth of various types of plant. There are rich minerals resource including coal, iron, lead, zinc, wolframe, gold, uranium, especially nonmetal resource of limestone, fire-resistant mud, kaolin, granite etc. with special advantage of development of construction material and pottery and porcelain trade.
(2) Liling city
18 Liling city is located at the east of Hunan province, the west of Luoxiao mountain range, Lushui region of Xiangjiang tributary, linked closely with Changsha, Zhuzhou and Xiangtan"golden triangle" economic zone, where the mountain is handsome river is bent with annual mean temperature 17.6°C, plentiful rainwater, sunshine adequate, frost-free period 288 days. Land area is 2157.2 square kilometers, in which farmland area is 38000 hectares. It was changed as city level from county level in 1985, and it is called as"porcelain town" and"fireworks town" due to large of production of porcelain and firecracker.
Liling city has more than 400 pottery and porcelain enterprises formed a certain scale of industrial system of daily use porcelain, electrical porcelain, artistic porcelain and special industrial porcelain, becoming step by step a complete and professional porcelain production export base. Liling is also the hometown of fireworks founder Li Tian, and has long history of fireworks production and its product spreading all over the town and country. Except two traditional products, new industrial trade is developed as garments, building and waterproof material, printing and package, and chemical etc.
2.2 General of social and economy By the end of 2002, Hunan province had total population 6628.5 x 104, in which the urban population 2121.12 x 104, rural population 4507.38 x 104. The birthrate is 11.56 %o, death rate 6.7 %o, natural increase rate 4.86 %o.
In 2002, the sow area of whole province is 465.26 x 104 hectare, total grain output 2501.3 x 104 ton, cotton 15.3 x 104 ton, oil 119.07 x 104 ton, flue-cured tobacco 17.51 x 104 ton, tea 6.04 x 104 ton and fruit 432.7 x 104 ton. The production of live hog develops steadily, with fast development of herbivore livestock, domestic animals, domestic fowl and well-known special aquatic products. The total output of livestock and aquatic is 46%, 0.6 percent higher than last year. By the statistics from the provincial township and town enterprise bureau, the township and town enterprise of whole province completed the value added 1589.8 x 108 Yuan, 10% increased. All industrial value added is 1440.8 x 108 Yuan, increased 11% than last year. In which the value added for scaled enterprise is 709.23 x 108 Yuan, 16.1% increased, 2.3 percent higher than last year. The value added of construction business of whole province is 296.4 x 108 Yuan, 10.4% increased.
19 In 2002, the mean income per capita of whole province is 6958.56 x 108 Yuan, 9.8% increased. The mean income per capita of rural resident is 2363.2 x 108 Yuan, 98.5 Yuan and 4.3% increased. The GDP of province is 4633.73 x 108 Yuan, 9.6% increased than last year, in which 885.87 x 108 Yuan for the first industry, 3.6% increased; 1793.71 x 108 Yuan forthe second industrial, 12.6% increased; 1954.15 x 108 Yuan for the 3th industrial, 9.6% increased. There are 1199.41 x 104 migrant workers, 6% increased, and total income of labor service 539 x 108 Yuan, 8% Increased.
The social and economic condition of area for land acquisition for Zhe-Gan railway electrification project(Hunan section) is as below:
(1) Zhuzhou city
By the end of 2002, total population of whole city was 369.4 x 104, agricultural population 271.35 x 104,accounting % of total population. The population natural increase rate is 3.7 Yoo.Zhuzhou city has territory area of 11272 square kilometers,
governing 4 counties and 4 districts, 59 towns, 81 townships, 2480 villages and 17 street agencies.
By the end of 2002, there is land area of 2395350mu, annual total grain output 1724600t, the average land per capita of agricultural population 0.88mu, the grain per capita 467 kg, average output per mu 720 kg.
In 2002, the total domestic production value(price of same year, ditto) 355.3 x 108 Yuan, 10.8% increased than last year, in which 52.99 x 108 Yuan for the first industry, accounting for 14.9% of total, 3.1% increased than last year; 172.41 x 108 Yuan for second industry accounting for 48.5%,13.2% increased than last year; 129.9 x 108 Yuan for the 3th industry accounting for 36.6%, 11.0% increased than last year. The mean domestic production value per capita is 9645 Yuan, 8.5% increased than last year.
(2) Lusong district
By the end of 2002, the whole district has population of 193202, in which agricultural population is 24144,12.5% of total population, population density 2897 person/square kilometer. Village abour force 15600, accounting for 64.6% of rural population, in which 48.1% is engaged in agricultural, forest, livestock and fishery.
20 By the end of 2002, there is land area of 12150mu, annual total grain output 6139t, the average land per capita of agricultural population 0.5mu, the grain per capita 32 kg, average output per mu 505 kg.
The basic facility in this district is perfected, and social guarantee service system is improved relatively, with rapid development of leading industry as chemical engineering, building, electron, weaving, food, mechanical etc. and has several large trade markets. In 2002, the total domestic production value(price of same year, ditto) 15.2 x 108 Yuan, 10.2% increased than last year, in which 0.66 x 108 Yuan for the first industry, accounting for 4.4% of total, 5.1% increased than last year; 3.33 x 108 Yuan for second industry accounting for 21.9%,13.8% increased than last year; 11.21 x 108 Yuan for the 3th industry accounting for 73.7%, 9.4% increased than last year. The mean domestic production value per capita is 7868 Yuan, 9.8% increased than last year. The total industrial and agriculture production value(price of same year, ditto) 14.79 x 108 Yuan, in which 1.02 x 108 Yuan for the agriculture, accounting for 6.9% of total. The income per capital of peasant is 3665 Yuan. (3) Zhuzhou county
By the end of 2002, the whole county has population of 437300, in which agricultural population is 387500, 88.6% of total population, population density 317 person/square kilometer. Village labour force 209328, accounting for 54.0% of rural population, in which 67.8% is engaged in agricultural, forest, livestock and fishery. By the end of 2002, there is land area of 411373mu, in which water field 366676 mu and dry land 44697mu, annual total grain output 289639t, the average land per capita of agricultural population 1.06mu, the grain per capita 662kg, average output per mu 704 kg.
In 2002, the total domestic production value(price of same year, ditto) 27.36 x 108 Yuan, 9.6% increased than last year, in which 7.2 x 108 Yuan for the first industry, accounting for 26.3% of total, 2.6% increased than last year; 9.82 x 108 Yuan for second industry accounting for 35.9%,14.5% increased than last year; 10.34 x 108 Yuan for the 3th industry accounting for 37.8%, 10.3% increased than last year. The mean domestic production value per capita is 6203 Yuan, 9.8% increased than last year. The total industrial and agriculture production value(price of same year, ditto)
21 303.5 x 108 Yuan, in which 10.94 x 108 Yuan for the agriculture, accounting for 3.6% of total. The income per capital of peasant is 4074 Yuan.
(4) Liling city By the end of 2002, the whole city has population of 995446, in which agricultural population is 854691, 85.9% of total population, population density 461 person/square kilometer. The population natural increase rate is 3.53 %Y.Village labor force 464432,
accounting for 54.3% of rural population, in which 54.1% is engaged in agricultural, forestry, livestock and fishery.
By the end of 2002, there is land area of 57.908mu, in which water field 509193 mu and dry land 61715mu, annual total grain output 449718t, the average land per capita of agricultural population 0.67mu, the grain per capita 452kg, average output per mu 788kg. In 2002, the total domestic production value(price of same year, ditto) 67.79 x 108 Yuan, 10.08% increased than last year, in which 13.69 x 108 Yuan for the first industry, accounting for 51.6% of total, 3.3% increased than last year; 35 x 108 Yuan for second industry accounting for 51.6%, 13.8% increased than last year; 17.11 x 108 Yuan for the 3rd industry accounting for 28.2%, 11.1% increased than last year. The mean domestic production value per capita is 6848 Yuan. The total industrial and agriculture production value (price of same year, ditto) 147.37 x 108 Yuan, in which 20.55 x 108 Yuan for the agriculture, accounting for 13.9% of total. The income per capital of peasant is 3253 Yuan.
2.3 Basic Conditions of Project Affected Households The land acquisition of project impacts on 3 counties (city, district),1 1 (township, town, street) , 38 administrative villages (neighberhood committee) , affected people 3751 (137 houeholds with 485 persons) . In order to further understand the basic conditions of the resettlement households in the project affected areas and analyze the project impacts to the PAPs, the project survey working group conducted survey by random sampling into the basic living and production conditions of the project affected households within the project affected areas. The of project affected households were randomly sampled, and totally 55 sample households were taken and investigated into their basic living and production status in detail. The samples covered all areas within the project affected scope, and had the representativeness of all affected households. The distribution of the samples are as shown in Table 2-1. 22 Distribution of Samples Table 2-1
County (city) TownshiptSample household Percentage of sampling street) (no. Liling Banshan 5 9.1 Babuqiao 10 18.2 Lailongmen street 12 21.8 Zhuzhou Yaojiaba 24 43.6 Baiguan town 1 1.8 Lusong Wulitun 3 5.5
According to the on-sopt survey, the project affected areas in Hunan Province are mostly the economic developed places of"golden delta" area, and the local residents have favorable condition for the secondary or tertiary industries. The statistics of sampling survey results show that the per capita net household income of the 55 sample households is 3305 Yuan. The net income of family engaged in the secondary or tertiary industries is higher than the family engaged in agrilculture. 92.6% of the labors of the sample households are working in the non-agricultural industries, of which 31% for non-agricultural industries and 24% work in industrial enterprises, who are living in the towns. Most of these households live in towns and have rather higher income. 50.9% of the residents's economic income was from commercial and trading and food service, and only 15.4% from crop farming. The distribution of income per capita is shown in Table 2-2 and the statistics of basic living and production conditions of the project affected households is detailed in Table 2-3. The labors of the project affected places working in non-agricultural production were mainly working in food service, trading, transportation and building industry andn other industries. The service field and industries have good labor absorbing capacity, the construction of the project will bring about quite large job opportunity in these field and will be the new income source of local resettlers.
23 Distribution of income per capita Table 2-2 Net income per capita Nos. (household) Percentage (%) (Yuan) Under 1500 5 9.1 1500-2500 8 14.5 2500-3500 15 27.3 3500-4500 12 21.8 4500-5500 9 16.4 Above 5500 6 10.9
Statistics of Living and Production Conditions of Project Affected Households
Table 2-3
Description Unit Number (55 households) Total Average index I. No. of family member and labors 1. Family member person 203 3.7 In which: female person 95 1.7 member 2. Labor person 175 3.2 In which: female labor person 79 1.4 II. Farming and husbandry production 1. Contract land area mu 147 2.67 In which: (1) plow land mu 143.8 2.61 Irrigated field mu 118.2 2.15 Non-irrigated field mu 25.6 0.47 (2) Forest land mu (3) Garden plot mu (4) Grassland mu (5) Fish pond (6) Others mu 3.2 0.06 2. Farming and husbandry production output In which: grain kg 16400 298.2
24 Statistics of Living and Production Conditions of Project Affected Households
Continue with Table 2-3
Description Unit Number (55 households) Total Average index Vegetable kg 98650 1793.6 Cow No. 18 0.3 Sheep No. 23 0.4 Pig No. 63 1.1 Ill. Persons working in person 162 2.9 non-agricultural production 1. Industry person 42 0.8 2. Building industry person 7 0.1 3. Transportation person 14 0.3 4. Trading and food person 54 1.0 service 5. Other non-agricultural person 21 0.4 production 6. Labors working outside person 24 0.4 Number of month month 292 5.3 IV. Domestic durable appliance 1. Electronic appliance (1) TV set No. 74 1.35 Color TV set No. 68 1.24 (2) Acoustic appliance No. 21 0.38 Recorder No. 32 0.58 (3) Refrigerator No. 28 0.51 Fan No. 88 1.60 2. Vehicle and production tool (1) Tractor No. 18 0.33 Water pump No. 31 0.56 (2) Motorcycle No. 16 0.29 Bikes No. 147 2.67 (3) Sewing machine No. 23 0.42 Clocks No. 92 1.67
25 Statistics of Living and Production Conditions of Project Affected Households
Continue with Table 2-3
Description Unit Number (55 households) Total Average index V. Yearly gross income Yuan 1195300 21733
1. Household business Yuan 1195300 21733 and labor service (1) Farming, forestry, husbandry, sideline Yuan 184000 3345 production and fishery a. Farming Yuan 168000 3055 b. Forestry Yuan c. Husbandry Yuan 16000 291 (2) Industries Yuan 355000 6455 (3) Building industry Yuan 68000 1236 (4) Transportation Yuan 29800 542 (5) Trading and food Yuan 254000 4618 service (6) Other non-agricultural Yuan 146500 2664 production (7) Labor service outside Yuan 158000 2873 (8) Labor service for rural Yuan collectives 2. Transferred income Yuan 3. Income from fixed asset Yuan VI. Total yearly expenses Yuan 1339500 24355 1. Household business Yuan 514900 9362 (1) Farming, forestry, husbandry, sideline Yuan 73800 1342 production and fishery a. Farming Yuan 48600 884 b. Forestry Yuan c. Husbandry Yuan 25200 458 (2) Industries Yuan 96500 1755 (3) Building industry Yuan 15600 284
26 Statistics of Living and Production Conditions of Project Affected Households Continue with Table 2-3
Description Unit Number (55 households) Total Average index (4) Transportation Yuan 225000 4091 (5) Trading and food Yuan 35200 640 service (6) Other non-agricultural Yuan 68800 1251 production 2. Living expenses Yuan 824600 14993 (1) Food Yuan 454950 8272 (2) Clothes Yuan 97500 1773 (3) Daily expense Yuan 56800 1033 Fuel Yuan 24300 442 Electricity Yuan 32500 591 (4) Family articles and Yuan 28600 520 service (5) Medical and health Yuan 56700 1031 care (6) Traffic and Yuan 32800 596 telecommunication (7) Culture and recreation Yuan 12500 227 (8) Other commodities Yuan 84750 1541 3. Taxes Yuan 9400 171 4. Collective collection and Yuan assessed expenses VII. Per capita net income of Yuan 3305 family ______3305_l_ l_l
27 3 Project Impacts
3.1 Confirmation of the scope of project impacts The scope of project impacts is confirmed according to the revised preliminary design report provided by project design unit, No. 2 Design Institute of Ministry of Railways in Oct. 2003 including route change, passenger and freight transport station and its nearby traction substation, work area and subarea of contact system.
3.1.1 Land acquisition for the project The scope of land acquisition for the project is determined on the basis of the revised preliminary design provided by the project design unit, No. 2 Design Institute of Ministry of Railways in Oct. 2003. Land requistion for the project includes roadbed of rebuilding route, drainage ditch, bridge and culvert, station and its nearby traction substation, work area and subarea of contact system.
3.1.2 Temporary land for construction Based on the revised preliminary design report provided by the project design unit, No.2 Design Institute of Ministry of Railways, in Oct. 2003, the scope of temporary land for the project is determined. The temporary land for the project includes land occupation of stocking ground, excavation waste dump, production and living area during construction and temporary road for construction, etc..
3.2 Investigation of project impacts In order to find out the object and quantity of project resettlement and land acquisition, under the leadership of Ministry of Railways, Shanghai Railroad Bureau and Zhejiang Provincial Major Construction leading group office, a project investigation working group was formed which is composed of the construction Headquarters of relevant railroad bureaus for Electrification Project of Zhe-Gan Railway of the, project resettlement consultation unit and the local people's governments at all levels along the Zhe-Gan Railway (Hunan section). The project resettlement consultation unit, East China Investigation & Design Institute is responsible for the technology. From January to March 2004, on the basis of the revised report on scope of land acquisition and relocation and material index in preliminary design stage supplied by the project design unit, No. 2 Design Institute of Ministry of Railways, in Oct. 2003, decomposition and supplementary investigation
28 was made for the material index of different affected objects such as population, building, land and speical facilities influenced by the project.
The investigation method of population, land, building and its appurtenant works, sporadic and special facilitie is as follows: with reference to the revised 1/2000 route plan in preliminary stage furnished by No. 2 Design Institute of Ministry of Railways, on the basis of right limit for site division of county (city and district) , township (town, street, farm and development district) and village (neighborhood committee), in combination with the revised investigation results of all kinds of material index in preliminary design stage supplied by design unit in Oct. 2003, the buildings and their auxiliary facilities are decomposed to detailed villages and households and supplementary investigation is made to the population quantities involved in house relocation, land is decomposed to detailed villages (neighborhood committees) and supplementary investigation for other kinds is made, and the special facilities are decomposed to detailed counties(city or district).
Owing to the particularity of construction of this project and some modification comments and requirements for the revised preliminary design results the local people's governments at all levels along with the railway and resettlers put forward, the construction unit and design unit of the project and local people's governments are at present negotiating, communicating and linking up. The design unit is also revising the design schemes to result in corresponding changes in the scope of land acquisition therefore and moreover pile-fixing and lofting hasn't been made on-situ for most of scope of land acquisition.Accordingly, there will be some changes to certain extent for the material index of project impact in impelementation stage based on the revised preliminary design results. To confirm accurately each material index of project impacts, in next stage the building unit, construction unit, the liability unit appointed by the governments along with the railway and the objects (village and household) whose land will be requisitioned and resettled will be organzied to jointly take part in field measurementand checking of all material index of land quantities of all kinds and relocated structures in the scope of land acquisition and it is necessary for all parties to sign and approve.
29 3.3 Inventory index of project impacts The land acquisition of this project(Hunan section) is 2357.4 mu totally(2218.6mu for line and 138.8mu for station) ; temporary land occupation of all kinds is 828 mu (for line); total relocation building area of all kinds of housing is 29770m2 (21531m2 for line and 8239m2 for station), involving 485 persons(319 of 90 households for line,
166 of 47 households for station) of 137 households in 38 administrative villages in 11 townships (town, street) of 3 counties(city, district), in addition, 57996 scattered trees and a few special facilities are affected.
3.3.1 Land Acquisition/occupation 3.3.1.1 Permanent land Acquisition for the project The gross land area of all kinds required to be requisitioned for this project (Hunan Section) is 2357.4 mu (among them 2218.6 mu for route, 138.8 mu for station yard), including farmland area 1433.6 mu (among which 1317.8 mu for route, 115.8mu for station yard), woodland area 669.2mu (among them 646.2 mu for route, 23 mu for station yard), construction land 235.5 mu (all for route), unused land 19.2 mu (all for route). The investigation results of land acquisition quantiites of all kinds of county (city or district), township(town, street, farm, development zone) are shown respectively in Table 3-1, Table 3-2 and Table 3-3.
30 Summary of land acquisition area of all kinds for Electrification Project of Zhe-Gan Railway (Hunan Section)
Table 3-1
Land to be requisitioned (mu) County(city, district) Total Cultivate land Forest land Constructed Wasted land land Subtotal 664.6 422.1 183.7 58.8 Railway 604.4 361.9 183.7 58.8 Zhuzhou line Rail Station 60.2 60.2
Subtotal 66.0 51.3 6.7 8.0 Railway 66.0 51.3 6.7 8.0 Lusong line Rail Station
Subtotal 1626.8 960.2 478.8 168.7 19.2 Railway 1548.2 904.6 455.8 168.7 19.2 Liling line
Station 78.6 55.6 23 Subtotal 2357.4 1433.6 669.2 235.5 19.2
Railway 2218.6 1317.8 646.2 Total line 235.5 19.2 Rail Station 138.8 115.8 23.0
31 Summary of land acquisition area of all kinds for Electrification Project of Zhe-Gan Railway(Hunan Section) (for route) Table 3-2 County Town(tow Land to be requisitioned (mu) (city, nship,stre Village Cultivate Forest Construct Wasted district) et) Total land land ed land land Liling city Total 1548.2 904.6 455.8 168.7 19.2 Dongfu Subtotal 496.0 270.7 201.7 23.7 town Lianhua 94.6 70.9 18.9 4.7 Chudongqi 34.0 20.4 13.6 ao LongYuan 76.6 49.3 21.9 5.5 Huanmu 105.5 58.0 42.2 5.3 An-cong 82.1 24.6 49.3 8.2 Puji-an 54.7 32.8 21.9 Xitangpu 48.5 14.5 33.9 Yangshan Subtotal 242.6 127.3 63.3 43.4 8.6
______shi street ______
Dongmenta 1 0 2 .4 56.3 46.1 ng Lisan 54.2 45.1 9.0 Yangdong 86.0 25.8 17.2 34.4 8.6
Lailonrgme Subtotal 193.1 105.3 26.3 51.0 10.6 n street Dingjiafang 105.5 52.8 42.2 10.6 Dong-an 87.6 52.5 26.3 8.8 Huang-ni- Subtotal 236.9 165.8 46.2 24.9 ao street Jiangcun 124.3 87.0 12.4 24.9 Wuhuamia 112.6 78.8 33.8 0 Banshan ownship Subtotal 276.8 160.0 96.4 20.4
Hengtangji 14.4 14.4 Huang-ni-a 73.3 33.0 29.3 11.0 0 Tuzhuling 25.1 25.1 Zhuhuansh 7.3 7.3 an Dashiqiao 84.6 65.8 9.4 9.4
32 Summary of land acquisition area of all kinds for Electrification Project of Zhe-Gan Railway(Hunan Section) (for route) Continue with Table 3-2 County Town(tow Land to be requisitioned (mu) (city, nship,stre Village Cultivate Forest Construct Wasted district) et) Total land land ed land land Hengyancun 72.1 14.4 57.7 Babuqiao Subtotal 84.0 56.7 21.9 5.3 Luotoushan 31.3 6.3 21.9 3.1 Xiangchaoco 17.6 15.4 2.2 ng Wanjiangsha 7.5 7.5 n Liubiqiao 27.6 27.6 Xianxia Subtotal 18.8 18.8 town Qingancun 18.8 18.8 Zhuzhou Total 604.4 361.9 183.7 58.8 _ Yaojiaba Subtotal 364.3 232.8 93.5 38.0 Nantianqiao 131.0 39.3 78.6 13.1 Yaojiaba 54.7 38.3 10.9 5.5 Tongmu 32.0 24.0 4.0 4.0 Zhushan 116.7 105.0 11.7 ._____ Shuikoumiao 29.9 26.1 3.7 Baiguan Subtotal 240.1 129.1 90.2 20.8 Daling 37.3 29.9 3.7 3.7 Yunpan 82.7 49.6 24.8 8.3 ______Tuanshan 88.0 17.6 61.6 8.8 Beiguan neibourhood 32.0 32.0 committee Beiguan Lusong Total 66.0 51.3 6.7 8.0 Wulitun Subtotal 24.0 16.0 8.0 Wulitun 24.0 16.0 8.0 Jianning Subtotal 42.0 35.3 6.7 _ Longquan 21.5 21.5 ______Huangtian 11.1 4.4 6.7 Zhutianpu 9.4 9.4 Iotal 2218.6 1317.8 646.2 235.5 19.2
33 Summary of land acquisition area of all kinds for Electrification Project of Zhe-Gan Railway(Hunan Section) (for station)
Table 3-3 County ______Land to be requisitioned (mu) (city, Village Cultivate Forest Construct Wasted district) ship,street) ae Total land land ed land land
Liling city Total 78.6 55.6 23 LailongmenSubtotal 19 19 Dingjiafang 19 19 Banshan Subtotal 59.6 36.6 23 Hengtangji 59.6 36.6 23 Zhuzhou Total 60.2 60.2 Yaojiaba Subtotal 60.2 60.2 Nantianqiao 22.9 22.9 Yaojiaba 37.3 37.3 Total 138.8 115.8 23
3.3.1.2 Temporary land for construction Temporary land for construction refers to the temporary borrowed land during project construction including land occupation for material yard, excavation waste dump, production and living area during construction and temporary road for construction, etc.. This project borrows 828 mu of all kinds in all for route, mean borrowing period is one year. The details of investigation results of borrowed land quantities of all kinds of county (city or district) is shown in Table 3-4 to Table 3-5.
34 Summary of temporary land area for Electrification Project of Zhe-Gan Railway| Table 3-4 Land to be temporarily used (mu) County ( city, district) Toa Cultivate Gadn Frs adConstructed otl ad are Fretland land Subtotal 260.9 155.4 80.1 25.4 Zhuzhou Railway line 260.9 155.4 80.1 25.4 Rail Station Subtotal 54.0 43.7 7.0 3.3 Lusong Railway line 54.0 43.7 7.0 3.3 R_ail Station =_ Subtotal 513.1 302.6 152.4 52.7 5.4 Liling Railway line 513.1 302.6 152.4 52.7 5.4 Rail Station Subtotal 828.0 501.7 239.5 81.4 5.4 Total Railway line 828.0 501.7 239.5 81.4 RailStationI 5.4
Summary of temporary land area for Electrification Project of Zhe-Gan Railway (for route) Table 3-5 County TonhpLand to be temporarily used ( mu ) ditrcty) (Town,street Total Cultivate Garden plot Forest land Building Liling Total 513.1 302.6 152.4 52.7 5.4 Dongf u 139.2 76.0 56.6 6.6 Yangshanshi 68.1 35.7 17.8 12.2 2.4 Lialongmen 54.2 29.6 7.4 14.3 3.0 Huang-ni-ao 66.5 46.5 13.0 7.0 Banshan 135.0 78.0 47.0 9.9 Babuqiao 41.0 27.7 10.7 2.6 Xianxia 9.2 9.2 Zhuzhou Total 260.9 155.4 80.1 25.4 Yaojiaba 161.0 101.6 42.6 16.8 Beiguan 99.9 53.7 37.5 8.7 Lusong Total 54.0 43.7 7.0 3.3 Wulitun 10.0 6.7 3.3 Jianning 44.0 37.0 7.0 Total 11 828.0 501.7 239.5 81.4 5.4l
35 3.3.2 Relocated buildings and auxiliary facilities 29770 m2 of building area of all kinds is required to be relocated by the project (including 21531 m2 for route and 8239 m2 for station yard), involving private and collective buildings. The details of building area of all kinds and auxiliary facilities required to be relocated of county (city or district) are shown in Table 3-6 to Table 3-8.
36 Summary of relocated buildings and auxiliary facilities for Electrification Project of Zhe-Gan Railway Table 3-6
House area (im 2 ) Outbuildings County (city, district) Household Population Concrete Simple Fence Well (household) (person) Total -brick Brick-wood Earth-wood() (no.)
Subtotal 64 231 8948 3663 1405 3880 8 Zhuzhou Railway line 52 189 6909 2236 1038 3635 8 Rail Station 12 42 2039 1427 367 245
Subtotal 9 28 1985 1685 300 Lusong Railway line 9 28 1985 1685 300 Rail Station
Subtotal 64 226 18837 12906 3736 2195 4 Liling Railway line 29 102 12637 8566 2620 1451 4
Rail Station 35 124 6200 4340 1116 744
Subtotal 137 485 29770 18255 5441 6075 12 Total Railway line 90 319 21531 12487 3958 5086 12 Rail Station 47 166 8239 5767 1483 989
37 Summary of relocated buildings and auxiliary facilities for Electrification Project of Zhe-Gan Railway (for route) Table 3-7 House area (in 2 ) Outbuildings House- Popula- Well County (city, hip,street) Village holds tion Total Concrete Brick- Earth- Simple Fence
(no.) (person) -brick wood wood structure (m) (no.) 4 Liling Total 29 102 12637 8566 2620 1451 Enterprises 8300 6800 1500 Banshan Subtotal 4 14 831 262 262 307 1 Dashiqiao 4 14 831 262 262 307 1 Hengyancun Babuqiao Subtotal 25 88 3507 1504 858 1144 3 Luotoushan 15 53 1774 866 220 689 1 Xiangchaoco 10 35 1733 639 639 456 2 ng Xianxian Subtotal town Qing-an Zhuzhou Total 52 189 6909 2236 1038 3635 8 Yiaojiaba Subtotal 49 178 6693 2088 970 3635 8 nantian 24 91 4005 665 665 2675 8 Yiaojiaba 4 16 510 510 ongmu 5 18 740 180 180 380 Zhushan 10 34 900 285 35 580 Shuikoumiao 6 19 538 48 90
38 Summary of relocated buildings and auxiliary facilities for Electrification Project of Zhe-Gan Railway (for route) Continue with Table 3-7
House- Popula- House area (In 2 ) Outbuildings County (city, hipTstreet) Village holds tion Concrete Brick- Earth- Simple Fence Well district) (person)hipk(no.) T l wood wood structure (m) (no.) Beiguan Subtotal 3 11 216 148 68 Daling 3 11 216 148 68 Beiguan Total 9 28 1985 1685 300 Lusong Subtotal 9 28 1985 1685 300 Wulitun Wulitun 9 28 1985 1685 300 Total 90 319 21531 12487 3958 5086 12
39 Summary of relocated buildings and auxiliary facilities for Electrification Project of Zhe-Gan Railway (for station) Table 3-8
County H h P l House area (m2 ) Outbuildings (city, Town(township,street) Village Household Population Concrete Simple Fence Well district) (no.) (person) Total -brick Brick-wood Earth-wood structure (m) (no.) Total 35 124 6200 4340 1116 744 Subtotal 27 96 4800 3360 864 576 Liling Lailongmen Dingjiafang 27 96 4800 3360 864 576 Subtotal 8 28 1400 980 252 168 Banshan Banshan______Hengtangji 8 28 1400 980 252 168 Total 12 42 2039 1427 367 245 Zhuzhou Subtotal 12 42 2039 1427 367 245 Yaojiaba Nantianqiao 5 16 814 570 147 98 __ Yaojiaba 7 26 1225 858 221 147 Total 47 166 8239 5767 1483 989
40 3.3.3 Population affected by the Project The affected population of the project was calculated through two measures, the first is the actual affected population, which includes those to be affected directly by house relocation, land requisition, the second is theory number calculated based on the State Land Law, call population needing production rearrangement. Based on the data from the design institute, the actual survey shows that, the population affected by house relocation is 140 households with 485 persons ( in which 93 households with 319 persons will be affected by railway line and 47 households with 166 persons will be affected by railway station).
According to 47th statute of the Land Law, calculation based on villages, a population of 3651 persons (3316 for route, 294 for station) requires production rearrangement. Viz:
population needing Land to be requisitioned production rearrangement Total land area/total agricultural population
Land to be requisitioned
Land area per capita
The resettlement population and production resettlement population are detailed in Table 3-9.
41 Statistics of PAPs of Zhe-Gan Railway Project (Hunan Section) Table 3-9 Per capita County Township Land Land Produc- No. of Relocated No. of (city, (town, Village holding acquisi- tion house- population resettlers district) street) before tion (mu) rson) hold (no.) (no.) ______(mu) (esn n. n.
Liling Total 960.2 2861 64 c _ _ 226 2917 ity______Average o Dongfu whole 0.86 270.7 366 366 township Lianhua 0.78 70.9 91 91 Chudongqiao 0.64 20.4 32 32 LongYuan 0.81 49.3 61 61 Huamu 0.80 58.0 72 72 _An-cong 0.57 24.6 43 43 Puji-an 0.69 32.8 47 47 Xitangpu 0.75 14.5 19 19 Average o angshan htownshipwhole 1.35 127.3 742 742 Dongmentan 0.26 56.3 217 217 9 Lisan 0.11 45.1 414 414 Yangdong 0.23 25.8 112 112 Average of Lmaeilong- whole 0.28 124.3 710 27 mownship 96 710
Dingjiafang 0.12 71.8 582 27 96 582 Dong-an 0.41 52.5 128 128 Huanni- verage of Huangni- whole 0.26 165.8 490 490 ao township
Jiangcun 0.38 87.0 226 226 Wuhuamiao 0.30 78.8 264 264 Average o Banshan whole township0.61 196.6 442 12 I_42 442 Hengtangji___ 0.54 51.0 95 8 8 95
42 Statistics of PAPs of Zhe-Gan Railway Project (Hunan Section) Continue with Table 3-9 Per capita Produc- County Township Land Land tion No. of Relocated No. of (city, (town, Village holding acquisi- resettier house- population resettlers district) street) before tion (mu) (person) hold (no.) (no.)
______(m u)_ _ _ Huang-ni-ao 0.35 33.0 95 95 Tuzhuling 0.44 25.1 58 58 Zhuhuanshan 0.67 7.3 11 11 Dashiqiao 0.42 65.8 158 4 14 158 Hengyancun 0.57 14.4 25 25 Average o Babuqiao hole 0.68 56.7 81 25 88 136 township Luotoushan 0.65 6.3 10 15 53 53 Xiangchaoco 0.67 15.4 23 10 35 35
n g ______wanjiangshan 0.80 7.5 9 9 Liubiqiao 0.72 27.6 39 39 Xianxia- Average oi Xianxa whole 0.75 18.8 32 qiao township 32
Qing-an 0.60 18.8. 32 32 Zhu- Total 422.1 535 67 231 580 zhou Average of Yaojiaba whole 1.00 293.0 335 64 220 379 township Nantian 1.00 62.2 63 31 107 107 Yaojiaba 0.77 75.6 98 12 42 98 Tongmu 1.02 24.0 24 5 18 24 Zhukou 0.84 105.0 125 10 34 125 Shuikoumiao 0.99 26.1 26 6 19 26 Average of beiguan whole 0.92 129.1 200 3 11 00 township Daling 1.01 29.9 30 3 11 30 Yunpan 0.91 49.6 54 54
43 Statistics of PAPs of Zhe-Gan Railway Project (Hunan Section) Continue with Table 3-9 Per capita Produc- County Township Land Land P tion No. of Relocated No. of (city, (town, Village holding acquisi- sttl house- population resettlers district) street) before tion (mu) (person) hold (no.) (no.) ______(m u) ( e s n Tuanshan 0.97 17.6 18 18 Beiguan 0.33 32.0 98 98 Lusong Total 51.3 254 9 28 254 Average of Wulitun whole 0.60 16.0 69 9 28 69 township
Wulitun 0.23 16.0 69 9 28 69 Average of Jianning whole 0.29 35.3 186 186 township
Longquan 0.14 21.5 149 149 huangtian 0.20 .4 23 23 Zhutianpu 0.66 9.4 14 14 Total 1433.6 3651 140 85 3751
3.3.4 Enterprises, institutions and individual commerce The industrial and mining establishments and individual units of industry and commerce affected by the project is 6 and 3 respectively. Table 3-10 shows the details of the affected institutions and enterprises of Liling city.
44 Schedule of the affected institutions and enterprises by Electrification Project of Zhe-Gan Railway Table 3-10 unit: ea. County, city, Institutions and enterprises Industrial and mining district establishments Liling Head office of Lianhua village, Dongmentan Brick mill Dongfu town Living area of Liling railway Huakang porcelain plant station Living area of Liling State Lujiang porcelain plant Tariff Bureau Dingjiafang electric porcelain plant Jiangcunbrick mill Liling pottery and porcelain park Total 3 6
3.3.5 Sporadic trees and graves Sporadic trees affected by the project include all kinds of sporadic trees in front of and behind the buildings of the resettlers and in the fields required to be felled or transplanted due to land acquisition for project construction. 57996 sporadic trees are affected by the route rebuilding of the project and there are totally 16 graves required to be moved. Station yard construction will not involve sporadic trees and grave relocation. Table 3-11, 3-12, 3-13 shows the details of the affected sporadic trees and graves by county (city or district).
45 Summary of the sporadic trees and graves affected by Electrification Project of Zhe-Gan Railways Table 3-1 1
Scatter tree County (city, district) Tombs (no.) (trunk) Subtotal 24884 Zhuzhou Route 23497 Station 1387 Subtotal 10 33112 Liling Route 10 33112 Station Subtotal 16 57996 Total Route 16 56609 Station 1387
Summary of the sporadic trees and graves affected by Electrification Project of Zhe-Gan Railways (for route) Table 3-12 County Township (town, Village Sporadic trees (city, district) street) (neighborhood committee) Graves (No.) (trunk) Total 10 33112 Subtotal 26587 Banshan Dashiqiao 3807
Liling Hengyancun 22780 Babuqiao Subtotal 10 4725 Babuqiao Luotoushan 10 4725
Xianxia Subtotal 1800 Xianxia______Qing-an 1800 Total 6 23497 Subtotal 6 22372 Nantianqiao 18803 Yaojiaba Zhushan 6 2300 Zhuzhou ______Shuikoumiao 1269 Subtotal 1125 Daling 300 Beiguan Beiguan neighborhood 825 committee Total 16 56609 46 Summary of the sporadic trees and graves affected by Electrification Project of Zhe-Gan Railways (for station) Table 3-13 County Township (town, Village Sporadic trees (city, district) street) (neighborhood Graves (No.) (trunk) ______committee) Total 1387 Subtotal 1387 Zhuzhou Yaojiaba Nantian 547 Yaojiaba 840 Total 1387
3.3.6 Special facilities The affected special facilities by this project (Hunan section) mainly include power lines, communication optical cable and so on. For details of the affected special facilities by province and county(city or district), see Table 3-14. Summary of the special facilities affeted by Electrification Project of Zhe-Gan Railway Table 3-14 Power supply line (km) Telecom line (km) County (city, district) 1Okv 380v 220v cOapbtlie Poabwler
Subtotal 0.7 0.4 0.15 1.7 0.45 Zhuzhou Route 0.7 0.4 0.15 1.7 0.45 Station Subtotal 0.7 Lusong Route 0.7 Station Subtotal 0.7 0.4 0.15 1.7 1.15 Total Route 0.7 0.4 0.15 1.7 1.15 Station
3.3.7 Affected facilities for production and living The rural production and living facilities affected by the project construction mainly include road of tractors, sidewalk and acequia, etc.. It has been considered in project design to take palliation and rehabititation measures, therefore, their affected conditions won't be investigated and counted. In the course of implementation, if other
47 impacts happen, the relevant material index and treatment measures will be confirmed with the same principles and methods as this RAP.
3.4 Analysis of impacts of land acquisition on regional social economy Land acquisition of the whole Zhe-Gan Railway invovles 3 counties(cities or districts), 11 townships (towns, streets, farms or development districts) and 38 administrative villages (residents' committees) in Hunan provinces. To analyse the impacts of land acquisition of the project on the local areas, the people concerned in the project investigation group make a thorough investigation for the existing land resources of the affected townships (towns, streets) and administrative villages and make detailed analysis for the affected extent of each village and group on the basis of material index of project impacts. See Table 3-15 for details.
Calculation sheet of land acquisition impact analysis of Electrification Project of Zhe-Gan Railway Table 3-15 Before land acquisition Land per County Township Village Land Land capita decreasind (city, (town, (neighborhood Population Farmland per acquisition after land ran district) street) committee) (person) (mu) capit (mu) acquisition range (mu) (mu) ( For whole Liling Dongfu ownship 38341 32989 0.86 270.7 (town)
Lianhua 779 604.6 0.78 70.9 0.69 11.73 Cudongqiao 682 437.5 0.64 20.4 0.61 4.66 LongYuan 725 588.9 0.81 49.3 0.74 8.36 Huamu 531 427 0.80 58.0 0.69 13.59 An-cong 765 437 0.57 24.6 0.54 5.64 Puji-an 825 571 0.69 32.8 0.65 5.75 Xitangpu 527 397.5 0.75 14.5 0.73 3.66 For whole Yangshanshi township 9664 13032 1.35 127.3 (town) Dongmentang 2196 570.7 0.26 56.3 0.23 9.87 Lisan 1168 127.5 0.11 45.1 0.07 35.41 Yangdong 1697 392.5 0.23 25.8 0.22 6.57
48 Calculation sheet of land acquisition impact analysis of Electrification Project of Zhe-Gan Railway Continue with Table 3-15 Before land acquisition Land per mland County Township Village Land Land capita dreasing (city, (town, (neighborhood Population Farmiand per acquisition after land ran district) street) committee) (person) (mu) capit (mu) acquisition range (mu) (mu) For whole Lailongmen ownship 11945 3334 0.28 124.3 (town) Dingjiafang 3463 427 0.12 71.8 0.10 16.81 Dong-an 2460 1011 0.41 52.5 0.39 5.20 For whole Huang-ni-ao ownship 12239 3161 0.26 165.8 (town) Jiangcun 2849 1096 0.38 87.0 0.35 7.94 Wuhuamiao 1365 408 0.30 78.8 0.24 19.31 For whole Banshan ownship 26112 15800 0.61 196.6 (town) I Hengtangji 1080 578 0.54 51.0 0.49 8.83 Huang-ni-ao 1142 398 0.35 33.0 0.32 8.29 Tuzhuling 1010 440 0.44 25.1 0.41 5.70 Zhuhuashan 1826 1226 0.67 7.3 0.67 0.59 Dashiqiao 1248 520 0.42 65.8 0.36 12.66 Hengyancun 1110 630 0.57 14.4 0.55 2.29 For whole Babuqiao ownship 21666 14783 0.68 56.7 (town) Luotoushan 1401 910 0.65 6.3 0.65 0.69 Xiangchaocong759 507 0.67 15.4 0.65 3.03 Wanjiangshan 1214 966 0.80 7.5 0.79 0.78 Liubiqiao 1486 1063 0.72 27.6 0.70 2.59 For whole Xianxia ownship 20026 15105 0.75 18.8 (town)
______l______Qing-an 12986 11780.1 10.60 |18.8 l0.59 11.06
49 Calculation sheet of land acquisition impact analysis of Electrification Project of Zhe-Gan Railway Continue with Table 3-15 Before land acquisition Land per Farmland County Township Village Land Land capita decreasing (city, (town, (neighborhood Population Farmlandper acquisition after land district) street) committee) (person) (mu) apit (mu) acquisition range _I(mu) (mu) ( For whole Zhuzhou Yaojiaba ownship 20401 20378 1.00 293.0 (town)
Nantian 1234 1228 1.00 62.2 0.94 5.07 Yaojiaba 1287 996 0.77 75.6 0.72 7.59 Tongmu 1423 1449 1.02 24.0 1.00 1.66 Zhushan 1444 1213 0.84 105.0 0.77 8.66 Shuikoumiao 820 813 0.99 26.1 0.96 3.22 For whole Beiguan ownship 17438 16016.6 0.92 129.1 (town) .______Daling 1762 1779.7 1.01 29.9 0.99 1.68 Yunpan 1035 946.5 0.91 49.6 0.87 5.24 Tunshan 1769 1719 0.97 17.6 0.96 1.02 Beiguan neighborhood 478 155.7 0.33 32.0 0.26 20.56 committee For whole Lusong ulitun ownship 6444 3882.9 0.60 16.0 (town) Wulitun 1280 298.1 0.23 16.0 0.22 5.37 For whole Jianning ownship 8855 2576 0.29 35.3 (town)
Longquan 2619 378.92 0.14 21.5 0.14 5.68 Huangtian 868 170.73 0.20 4.4 0.19 2.60 Zhutianpu 809 532 0.66 9.4 0.65 1.77
From the table above, because Zhe-Gan railway is in linear and the affected range is narrow comparatively, and normally tunneling for high mountain area and bridge for valley region, therefore, the project construction has no big influence for the agriculture of local villagers. Among 38 affected villages after analyzing one by one, farmland decrease of 31 villages is less than 10% and so land acquisition has few 50 inflences on agriculture production, and other 7 villages over 10%(2 village above 20%), the largest is Yangsanshi street with 35.41%. The villages over 10% of land decrease are listed in Table 3-16.
Land acquisition impact analysis of Electrification Project of Zhe-Gan Railway Table 3-16 (Over 10%) Before land acquisition Land pe Farmland County Township Village Land Land capita decreasing (city, (town, (neighborhood Population Farmiand per acquisition after land district) street) committee) (person) (mu) capita (mu) acquisition rane (mu) (mu) ( Liling Dongfu Lianhua 779 604.6 0.78 70.9 0.69 11.73 Huamu 531 427 0.80 58.0 0.69 13.59 Yangsanshi Lisan 1168 127.5 0.11 45.1 0.07 35.41 lailongmen Dingjiafang 3463 427 0.12 71.8 0.10 16.81 Huang-ni-ao Wuhuamiao 1365 408 0.30 8.8 0.24 19.31 Banshan Dashiqiao 1248 520 0.42 65.8 0.36 12.66 Beiguan Zhuzhou Beiguan neighborhood 78 155.7 0.33 32.0 0.26 20.56 committee
51 4 Policy Framework for Resettlement The preparation of this RAP was strictly carried out according to relevant requirements in Worldbank's safeguard policy OP/BP4.12. The implementation of resettlement willl strictly carry out according to compensation standards in RAP and must have approval of World Bank if there is any change during implementation.
4.1 Policy Basis The main laws and policies for the land acquisition and resettlement are as follows.
(1) The Land Administration Law of the People's Republic of China (effective as of January 1, 1999);
(2) Implementation Regulations for Land Administration Law of the Peoples Republic of China (Promulgated by Order No.256 of the State Council of the Peoples Republic of China); (3) ((Regulations for Basic Famrland)) (Promulgated by Order No.257 of the State Council of the Peoples Republic of China) (4) ((Implementation Regulations for Forestry Law of PRC)) (Promulgated by Order No.278 of the State Council of the Peoples Republic of China) (5) Rural Land Contract Law; (6) ((Organization Law of Villager Committees))
(7) Implementation Method of"Land Administration Law of the People's Republic of China" of Hunan Province (effective on Mar. 31, 2000);
(8) ((Management Method of Woodland of Hunan Province))
(9) ((Implementation Method of Land Re-reclamation of Hunang Province)) (10) Non-Voluntary Resettlement, Operational Policy OP 4.12 of the World Bank;
4.2 Relative Laws and Regulations 4.2.1 Relative specifications of "Land Administration Law of the People's Republic of China" Ownership of Land and Right to the Use of Land Article 8 Land in the urban areas of cities shall be owned by the State.
52 Land in rural and suburban areas shall be owned by peasant collectives, except for those portions which belong to the State as provided for by law; house sites and private plots of cropland and hilly land shall also be owned by peasant collectives.
Article 10 Land owned by peasant collectives that belongs lawfully to peasant collectives of a village shall be operated and managed by collective economic organizations of the village or by villagers' committees; land already owned by different peasant collectives that belong to two or more different collective economic organizations in the village shall be operated and managed by the rural collective economic organizations in the village or by villagers' teams; land already owned by peasant collectives of a township (town) shall be operated and managed by rural collective economic organizations of the township (town).
Article 11 Land owned by peasant collectives shall by registered and recorded by people's governments at the county level, which shall, upon verification, issue certificates to confirm the ownership of such land.
Land owned by peasant collectives to be lawfully used for non-agricultural construction shall be registered and recorded by people's governments at the county level, which shall, upon verification, issue certificates to confirm the right to the use of the land for such construction.
State-owned land to be lawfully used by units or individuals shall be registered and recorded by people's governments at or above the county level, which shall, upon verification, issue certificates to confirm their right to the use of such land. The specific organs for registration and issue of certificates for State-owned land to be used by central State organs shall be determined by the State Council. Ownership or the right to the use of forest land or grassland and the right to the use of water surfaces or tidal flats for aquaculture shall be confirmed respectively in accordance with the relevant provisions of the Forestry Law, the Grassland Law and the Fisheries Law of the people's Republic of China. Article 12 Any change to be lawfully made in land ownership, in the right to the use of land or in the purpose of use of land shall be registered. Article 13 The lawfully registered ownership of land and right to the use of land shall be protected by law and may not be infringed upon by any units or individuals.
53 Article 14 Land owned by peasant collectives shall be operated under a contract by members of the economic organizations of the peasant collectives for crop cultivation, forestry, animal husbandry of fishery. The duration of such contract in 30 years. The party that gives out a contract and the party that undertakes it shall sign a contract in which to stipulate the rights and obligations of both parties. A peasant who undertakes to operate a piece of land under a contract shall have the obligation to protect the land and rationally use it in conformity with the purposes of use provided for in the contract. The right of a peasant to operate land under a contract shall be protected by law.
Within the duration of the contract for operation of land, any appropriate readjustment of the land between individual contractors shall be made with the agreement of at least two-thirds of the members of the villagers assembly or of the representatives of villagers and submitted to the township (town) people's government and the agriculture administration department of the people's government of the county for approval.
Overall Plans for Land Utilization Article 19 Overall plans for land utilization shall be drawn up in accordance with the following principles:
(1) to strictly protect the capital farm land and keep land for agriculture under control lest in should be occupied and used for non-agricultural construction; (2) to increase the land utilization ratio; (3) to make overall planning for the use of land for different purpose and in different areas; (4) to protect and improve ecological environment and guarantee the sustainable use of land; and (5) to maintain balance between the amount of cultivated land used for other purpose and the amount of land developed and reclaimed. Article 22 The amount of land to be used for urban construction shall conform to the norm set by State regulations. Attention shall be paid to making full use of the existing land for construction and using little or no land for agriculture. The overall plans of cities and the plans of villages and towns shall be dovetailed with the overall plan for land utilization, and the amounted of land to be used for
54 construction fixed in the former shall not exceed the amount fixed in the latter for the cities, villages and towns. In the areas covered by the plans of cities, villages and towns, the amount of land to be used for construction shall conform to the amount as is fixed in such plans.
Article 24 People's governments at all levels shall exercise close supervision over the plans for land utilization and keep control over the total amount of land used for construction.
Article 26 Any revision of an approved overall plan for land utilization shall be subject to approval by the organ that originally approval the plan; without such approval, no change may be made in the purposes of land use as prescribed in the overall plan for land utilization. Where a change needs to be made in an overall plan for land utilization to meet the demand of land for the construction of such large infrastructure projects as energy, communications or water conservancy projects that have been approval by the State Council, it shall be made in accordance with the document of approval issued by the State Council. Where a change needs to be made in an overall plan for land utilization to meet the demand of land for the construction of such infrastructure projects as energy, communications or water conservancy projects that have been approved by people's governments of provinces, autonomous regions or municipalities directly under the Central Government and the plan is under the approval authority of a people's government at the provincial level, the change shall be made in accordance with the document of approval issued by such government.
Protection of Cultivated Land
Article 31 The State protects cultivated land and strictly controls conversion of cultivated land to non-cultivated land.
The State applies the system of compensation for use of cultivated land for other purposes. The principle of"reclaiming the same amount of land as is used" shall be applied to any unit that, with approval, uses cultivated land for construction of non-agriculture projects, that is, the unit shall be responsible for reclaiming the same amount and quality of the cultivated land it uses. If conditions for such reclamation do not exist or if the reclaimed land fails to meet the requirements, the unit shall pay
55 expenses for reclamation in accordance with the regulations set by people's governments of provinces, autonomous regions and municipalities directly under the Central Government and the money shall exclusively be used for reclamation. Article 32 Local people's govemments at or above the county level may require the units that wish to use cultivated land to remove the arable layer of cultivated land to the reclaimed land or to land of inferior quality, or to other cultivated land for improving soil.
Article 33 People's governments of provinces, autonomous regions and municipalities directly under the Central Government shall strictly implement the overall plans and annual plans for land utilization and take measures to ensure that the total amount of cultivated land within their administrative areas remains unreduced, where the total amount of cultivated land is reduced, the State Council shall order the government concerned to reclaim land of the same quality and amount as is reduced within a time limit, and the land administration department together with the agriculture administration department under the State Council shall inspect the land reclaimed before acceptance, where individual governments of provinces or municipalities directly under the Central Government, for lack of land reserves, cannot reclaim enough land to make up for the cultivated land they used for additional construction projects, they shall apply to the State Council for approval of their reclaiming less or no land within their own administrative areas but of their reclaiming land in other areas.
Article 36 In non-agricultural construction, attention shall be paid to economizing on the use of land. Where wasteland can be used, no cultivated land may be used; where land of interior quality can be used, no land of superior quality may be used.
Article 41 The State encourages land revitalization. County and township (town) people's governments shall make arrangements for rural collective economic organizations to conduct, in accordance with overall plans for land utilization, all-round improvement of the fields, water conservancy, roads and forests and development of the villages in order to improve the quality of the cultivated land, increase the efficient area of cultivated land and better the conditions of agricultural production and the ecological environment.
56 Local people's governments at all levels shall take measures to transform the medium- and low-yield fields and improve idle and waste land.
Article 42 Land users that cause damage to land as a result of digging, subsiding or crumbling under heavy weight shall be responsible for re-cultivating the land in accordance with the relevant regulations of the State. Where conditions do not permit such re-cultivation or the land re-cultivated does not meet the requirements, the user shall pay charges for re-cultivation, which shall exclusively be used for the purpose, The land re-cultivated shall first be used for agriculture.
Land to be Used for Construction
Article 43 All units and individuals that need land for construction purposes shall, in accordance with law, apply for the use of State-owned land, with the exception of the ones that have lawfully obtained approval of using the land owned by peasant collectives of their own collective economic organizations to build township or town enterprises or to build houses for villagers and the ones that have lawfully obtained approval of using the land owned by peasant collectives to build public utilities or public welfare undertakings of a township (town) or village.
"The State-owned land" mentioned in the preceding paragraph includes land owned by the State and land originally owned by peasant collectives but requisitioned by the State.
Article 44 Where land for agriculture in to be used for construction purpose, the formalities of examination and approval shall be gone through for the conversion of use.
Where land for agriculture is to be converted to land for the construction of road, pipeline or large infrastructure projects, for which approval has been obtained from people's governments of provinces, autonomous regions and municipalities directly under the Central Government, or for the construction of project, for which approval has been obtained from the State Council, the conversion shall be subject to approval by the State Council.
Where land for agriculture is to be converted to land for construction of projects in different periods in order to carry out the overall plan for land utilization within the limits of the amount of land fixed in the plan for the construction of cities, villages or towns, the conversion of use of land shall, in accordance with the annual plan for land
57 utilization, be subject to approval in batches by the organ that originally approved the overall plan for land utilization. Approval for the use of land for construction of specific projects within the limits of the amount of land for agriculture, conversion of the use of which has been approved, may be obtained from people's governments of cities or counties.
Where land for agriculture is to be converted to land for construction projects other than what is provided for in the second and third paragraphs of this Article, the conversion shall be subject to approval by people's governments of provinces, autonomous regions and municipalities directly under the Central Government. Article 45 Approval shall be obtained from the State Council for requisition of the following land:
(1) capital farm land;
(2) cultivated land, not included in capital farm land, that exceeds 35 hectares; and
(3) other land that exceeds 70 hectares. Requisition of land other than that provided for in the preceding paragraph shall be subject to approval of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government and be submitted to the State Council for the record. Land for agriculture shall be requisitioned after conversion of use of the land is examined and approved in accordance with the provinces of Article 44 of this Law. Where conversion of use of such land is subject to approval by the State Council, requisition of the land shall be examined and approved at the same time, and there is no need to go through the formalities of examination and approval for the requisition separately. Where conversion of use of land is subject to approval by people's governments of provinces, autonomous regions and municipalities directly under the Central Government within the limits of their approval authority over the requisition of land, requisition of the land shall be examined and approved at the same time, and there is no need to go through the formalities of examination and approval for the requisition separately; if the land to be requisitioned is beyond the limits of their approval authority, it shall be examined and approved separately in accordance with the provisions of the first paragraph of this Article.
58 Article 46 Where land is to be requisitioned by the State, the requisition shall, after approval is obtained through legal procedure, be announced by people's governments at or above the county level, which shall help execute the requisition.
Units and individuals that own or have the right to the use of the land under requisition shall, within the time limit fixed in the announcement, register for compensation with the land administration department of the local people's government by presenting their certificates of land ownership or land-use right.
Article 47 Land requisitioned shall be compensated for on the basis of its original purpose of use.
Compensation for requisitioned cultivated land shall include compensation for land, resettlement subsidies and attachments and young crops on the requisitioned land. Compensation for requisition of cultivated land shall be six to ten times the average annual output value of the requisitioned land for three years preceding such requisition. Resettlement subsidies for requisition of cultivated land shall be calculated according to the agricultural population needing to be resettled. The agricultural population needing to be resettled shall be calculated by dividing the amount of requisitioned cultivated land by the average amount of the original cultivated land per capita of the unit the land of which is requisitioned. The standard resettlement subsidies to be divided among members of the agricultural population needing resettlement shall be four to six times the average annual output value of the requisitioned cultivated land for three years preceding such requisition. However, the highest resettlement subsidies for each hectare of the requisitioned cultivated land shall not exceed fifteen time its average annual output value for the three years preceding such requisition.
Standards of land compensation and resettlement subsidies for requisition of other types of land shall be prescribed by provinces, autonomous regions and municipalities directly under the Central Government with reference to the standards of compensation and resettlement subsidies for requisition of cultivated land. Standards for compensation for attachments and young crops on the requisitioned land shall be prescribed by provinces, autonomous regions and municipalities directly under the Central Government.
59 For requisition of vegetable plots in city suburbs, the land users shall pay towards a development and construction fund for new vegetable plots in accordance with the relevant regulations of the State.
If land compensation and resettlement subsidies paid in accordance with the provisions of the second paragraph of the Article are still insufficient to help the peasants needing resettlement to maintain their original living standards, the resettlement subsidies may be increased upon approval by people's governments of provinces, autonomous regions and municipalities directly under the Central Government. However, the total land compensation and resettlement subsidies shall not exceed 30 times the average annual output value of the requisitioned land for the three years preceding such requisition. The State Council may, in light of the level of social and economic development and under special circumstances, raise the standards of land compensation and resettlement subsidies for requisition of cultivated land. Article 48 Once a plan for compensation and resettlement subsidies for requisition land is decided on, the local people's government concerned shall make is known to the general public and solicit comments and suggestions from the collective economic organizations, the land of which is requisitioned, and the peasants. Article 49 The rural collective economic organization, the land of which is requisitioned, shall accept supervision by making known to its members the income and expenses of the compensation received for land requisition. The compensation and other charges paid to the unit for its land requisitioned is forbidden to be embezzled or misappropriated. Article 50 Local people's govemments at all levels shall support the rural collective economic organizations, the land of which is requisitioned, and the peasants in their efforts to engage in development or business operation or to start enterprises. Article 51 The standard of compensation for requisition of land to build large or medium-sized water conservancy or hydroelectric projects and the measures for resettling relocated people shall be prescribed separately by the State Council. Article 52 During the feasibility study of a construction project, land administration department may, in accordance with the overall plan for land utilization,
60 the annual plan for land utilization and the standard amount of land for the use of construction, examine the matters related to lane for construction and offer its comments and suggestions.
Article 53 Where a construction unit needs to use State-owned land for construction of its approved projects, it shall apply to the land administration department of the people's government at or above the county level that has the approval authority by presenting the relevant documents as required by laws and regulations, The said department shall examine the application before submitting it to the people's government at the corresponding level for approval.
Article 54 A construction unit that to use State-owned land shall get it by such means of compensation as assignment. However, land to be used for the following purposes may be allocated with the approval of a people's government at or above the county level: (1) For State organs or military purposes; (2) For urban infrastructure projects or public welfare undertakings; (3) For major energy, communications, water conservancy and other infrastructure projects supported by the State; and (4) Other purposes as provided for by laws or administrative regulations.
Article 55 A construction unit that obtains right to the use of State-owned land by such means of compensation as assignment shall, in keeping with the standards and measures prescribed by the State Council, pay among other charges compensation for use of land such as charges for the assignment of land-use right, before if can use the land.
As of the date of implementation of this Law, 30 percent of the compensation paid for the use of additional land for construction shall go to the Central Government and 70 percent to the local people's governments concemed, both of which shall exclusively be use for developing cultivated land. Article 56 A construction unit that uses State-owned land shall use the land in agreement with the stipulations of the contract governing compensation for the use of land such as the assignment of the land-use right or the provisions in the documents of approval for allocation of the land-use right. Where it is definitely necessary to change the purposes of construction on this land, the matter shall be subject to
61 agreement by the land administration department of the people's government that originally approved the use of lane. Where the land the purposes of use of which need to be changed is located in the area under urban planning, the matter shall be subject to agreement by the urban planning administration department concerned before it is submitted for approval.
Article 57 Where land owned by the State or by peasant collectives need to be used temporarily for construction of projects or for geologic prospecting, the matter shall be subject to approval by the land administration departments of people's governments at or above the county level. However, if the land to be temporarily used in located in the area covered by urban planning, the matter shall be subject to agreement by the urban planning administration department concerned before it is submitted for approval. The land user shall, depending on who owns the land and who has the land-use right, enter into a contract for the temporary use of the land with the land administration department concerned, or the rural collective economic organization, or the villagers committee and pay compensation for it in accordance with the provisions of the contract.
The temporary land user shall use the land for purposes stipulated in the contract for temporary use of the land and may not build permanent structures on it. Generally, the period for temporary use of land shall not exceed two years. Article 58 Under any of the following circumstances, the land administration department of the people's government concerned may, with the approval of the people's government that has originally approved the use of land or that possesses the approval authority, take back the right to the use of the State-owned land:
(1) The land is needed for the benefits of the public;
(2) The use of the land needs to be readjusted for renovating the old urban area according to urban planning; (3) At the expiration of the period stipulated in the contract for use of the land by such means of compensation as land assignment, the land user has not applied for extending the period or, if he has applied for such extension, the application is not approved;
(4) The use of the originally allocated State-owned land is terminated because, among other things, the unit that uses the land is dissolved or moved away; or
62 (5) The highways, railways, airports or ore fields are abandoned with approval. The user granted with the land-use right shall be compensated appropriately when its right to the use of State-owned land is taken back according to the provisions of sub-paragraph (1) and (2) in the preceding paragraph. Article 61 Where land to be used for the construction of township (town) or village public utilities or public welfare undertakings, the matter shall be subject to examination and verification by the township (town) people's government, which shall submit an application to the land administration department of the local people's government at or above the county level for approval by the said people's government within the limits of approval authority as defined by the province, autonomous region and municipality directly under the Central Government. However, if land for agriculture is to be used for the purpose, the matter shall be subject to examination and approval in accordance with the provisions of Article 44 of this Law.
Article 62 For villagers, one household shall have only one house site, the area of which may not exceed the standard set by provinces, autonomous regions and municipalities directly under the Central Government.
Villagers shall build residences in keeping with the township (town) overall plan for land utilization and shall be encouraged to use their original house sites or idle lots in the village.
Land to be used by villagers to build residences shall be subject to examination and verification by the township (town) people's government. However, if land for agriculture is to be used for the purpose, the matter shall be subject to examination and approval in accordance with the provision of Article 44 of this Law. Approval for other house sites shall not be granted to villagers who have sold or leased their houses.
Article 63 No right to the use of land owned by peasant collectives may be assigned, transferred or leased for non-agricultural construction, with the exception of enterprises that have lawfully obtained land for construction in conformity with the overall plan for land utilization but have to transfer, according to law, their land-use right because of bankruptcy of merging or for other reasons. Article 64 No building or structure built before the overall plan for land utilization is drawn up and at variance with the purposes defined in such a plan may be rebuilt or expanded.
63 Article 65 Under any of the following circumstance, a rural collective economic organization may, with the approval of the people's government that originally approved the use of land, take back the land-use right:
(1) The land is needed for constructing township (town) or village public utilities of public welfare undertakings;
(2) The land is used at variance with the approved purposes; or (3) The use of land is terminated because, among other things, the unit concerned is dissolved or moved away.
The user granted with the land-use right shall be compensated appropriately when the land owned by the peasant collective is taken back according to the provisions of subparagraph (1) of the preceding paragraph of this Article. 4.2.2 Main rules of Interim Regulation of The People's Republic of China on Taxation for Farmland Occupation Article 2: The farmland herein of means the land used for planting crops. The land once used for planting crops in three years before land occupation shall be regarded as plowland.
Article 3: The units and individuals who occupy the plowland for building houses or other non-agricultural purposes are all the persons bearing the obligation to pay tax for plowland (referred to as tax bearer), and shall pay the tax for plowland occupation according to this Regulation. Article 4: The tax amount for plowland occupation shall be computed by the actual land area occupied by the tax bearer and shall be levied in one time. Article 5: The tax amounts for plowland occupation are specified as follows. (1) Taking county as a basic unit (same as below), the tax amount for plowland occupation in the area where the per capita plowland holding is less than one mu (including one mu), is 2~-10 Yuan per square meter. (2) The tax amount for plowland occupation in the area where the per capita plowland holding is between 1-2 mu (including two mu), is 1.6-8 Yuan per square meter. (3) The tax amount for plowland occupation in the area where the per capita plowland holding is between 2-3 mu (including 3 mu), is 1.3-6.5 Yuan per square meter.
64 (4) The tax amount for plowland occupation in the area where the per capita plowland holding is more than three mu is 1-5 Yuan per square meter. Article 9: The financial institution is responsible for levy of taxes for plowland occupation. The land administration authority shall immediatlely give notice to the financial institution at the level after the plowland occupation is approved. The units and individuals who have received the approval of occupation or resuisition of plowland shall show to the financial institution the approval ducument issued by the land administration department above the county level and declare the land for duty. 4.2.3 Main rules for implementation of "Land Administration Law of PRC"" of Hunan province General
Article 2: The people's government of each level must implement the basic national policy of cherishing land, reasonably use and practical protection of land, reinforcing the management of land resource, realizing the land-control system, strictly restricting the change of agricultural land to construction land, controlling the total amount of construction land and giving special protection for farmland.
Protection of farmland
Article 9: If the land occupation for non-agriculture construction is approved, equivalent amount and quality of land shall be reclaimed and leveled based on the following rules; the reclaimed and leveled land shall be accepted by the land administration department and agriculture sectors of provincial government or entrusted by others for acceptance. Article 10: If there is no condition for land reclamation or failure for the requirement of land reclaimed, when applies the approval formalities of transferring the agriculture land use, the land reclamation fees shall be paid to the land sector of provincial people's government according to the following standard; The construction unit shall put the land reclamation fee into the total investment of project. The land sector of provincial people's government shall deposit the land reclamation fee into special account, organize the land reclamation based on the schedule and allocate fully and timely the fee to the reclamation unit according to the rule of the provincial people's government. Construction land
65 Article 18: The land compensation fee for land acquisition shall be the following:
(1) For farmland(including paddy field, dry land and vegetable plot), fish pond, lotus pond, 6 - 10 times of mean annual output of previous 3 years before the land acquisition;
(2) For orchard, tea garden, economic forest land, 50-100% of compensation fee of paddy field nearby, and for other forest land 30-50% of compensation fee of paddy field nearby;
(3) For herbage land, 30% of compensation fee of paddy field nearby;
(4) For township(town) and village public facility, public welfare, enterprise land use and villager house plot, same standard of compensation fee of paddy field nearby;
(5) For fell, waste land and other unused land, 20% of compensation fee of paddy field nearby;
Article 19: The subsidy of land acquisition shall be carried out with Article 47 of "Land management law". The subsidy of land acquisition for fish pond, lotus pond, orchard, tea garden and economic forest land refers to the standard for the farmland. The subsidy of land acquisition of other forest land and grassland is 50% of compensation fee of paddy field nearby.
For the land acquisition of public facility of township(town) and village, public welfare, enterprise land, villager's house plot, water pond, channel, dam of water conservancy system, which shall be rebuilt, the subsidy shall be paid based on the local classification; if not necessary for rebuilding, the subsidy shall be paid case by case.
No subsidy will be paid for land acquisition of fell and wasteland.
Article 20: The land compensation fee for young crops and land attachments shall be the following:
(1) For young crops with growth period less than one year, the compensation fee is the output of one quarter; For young crops with growth period over than one year, the compensation fee is the output of one year, or based on the actual loss in the growth period;
(2) For the trees can be removed, the tree relocation fee and actual loss shall be 66 paid. For the trees can not be removed, it shall be purchased and the actual loss shall be paid if it is cut by the tree owner;
(3) For the adult fish, the output of one year shall be compensated; For fish fly and fish seed, the actual loss when it is outside the pond shall be paid; (4) For the house and other buildings, it could be carried out by compensation of relocation or purchased with discount, and also could be replaced with equivalent house and other buildings. No compensation will be made for the unauthorized buildings and young crops planted and house constructed after the announcement of the land acquisition scheme.
Article 22: The compensation and resettlement method for the construction of road, railway and hydraulic works by the state and province shall be stipulated separately by the provincial people's government.
If the land acquisition is concerned with occupation of river course, lakes, reservoir, forest land and two sides of highway, except the relative handling procedures according to the stipulation of this method, is should also follow the procedures requested by the Water Law, Water and Soil Conservation Law, Flood Control Law, Forest Law, Highway Law and other relevant laws and stipulations.
The construction land of industrial zone should follow strictly the stipulations of this method.
Article 23: The actual standard for compensation fee, subsidy for land acquisition, attachments and young crops shall be expounded by the government of district and autonomous region and approved by the provincial people's government.
Article 24: After deciding the compensation scheme, the relevant township(town) people's government should make announcement and listen to the opinions from the rural collective economic organization, villagers committee or villagers team and peasants.
The rural collective economic organization, villager committee and villager team shall open the income and expenses of compensation fee to all members and accept supervision.
67 Prohibit to carve up and embezzle the compensation fee for land acquisition and other relative fees.
Article 25: If the construction project is within the scope of Master Plan of city, town and village, the land sector of district, autonomous region and county (city ) shall submit to the people's government of same level for approval and report to the land management sector of upper level.
Article 26: If the construction unit wants to use national land, except the allocation of land by the stipulations of Article 54 of "Land management law", he can get it by transferring, leasing, investing and buying a share.
If allocate the state-owned land of use right of other unit and individual, the loss shall be paid to the original unit and individual according to the stipulations. If it is necessary to relocate for the original unit and individuals, they should be relocated or paid with relocation fees.
Article 32: One rural household is only allowed to have one house plot. The construction of residential house of villagers shall follow the master plan of township (town). The land area of each household is permitted not over 130m2 for farmland, 21 Om2 for fell and wasteland, 180m2 for other land.
When the villager builds the residence he should make written application to collective land owner and villager committee, and reviewed by township (town) people's government and approved by the county level people's government. Regarding to use agriculture land, the approval procedures shall be followed with authority stipulated in Article 15. if use the collective land outside the collective economic organization for residential construction, the land acquisition procedures shall be performed based on the rules.
Article 33: The staff of state-owned farm, forestry center, pasture and fish farm build their own houses inside the farm according to the Article 32 of this method. Article 34: Thirty per cent of land-use fee increased shall be handed over to the financial department of central government and percentage of distribution of the rest shall be ruled by the provincial people's government for special development of farmland.
4.2.4 Relative specifications of Operational Manual--OP 4.12 A. Policy Objectives
68 (1) Involuntary resettlement should be avoided where feasible, or minimized, exploring all viable alternative project designs. (2) Where it is not feasible to avoid resettlement, resettlement activities should be conceived and executed as sustainable development programs, providing sufficient investment resources to enable the persons displaced by the project to share in project benefits. Displaced persons should be meaningfully consulted and should have opportunities to participate in planning and implementing resettlement programs. (3) Displaced persons should be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher. B. Compensation and subsidy covered
Persons affected in their production and living by land requisition are as follows: (1) relocation or loss of shelter; (2) lost of assets or access to assets; or (3) loss of income sources or means of livelihood, whether or not the affected persons must move to another location; or (4) the involuntary restriction of access to legally designated parks and protected areas resulting in adverse impacts on the livelihoods of the displaced persons. C. Measures of compensation and subsidy (1) provided prompt and effective compensation at full replacement cost for losses of assets attributable directly to the project. (2) If the impacts include physical relocation, the resettlement plan or resettlement policy framework includes measures to ensure that the displaced persons are:
-- provided assistance (such as moving allowances) during relocation; and -- provided with residential housing, or housing sites, or, as required, agricultural sites for which a combination of productive potential, locational advantages, and other factors is at least equivalent to the advantages of the old site. (3) Where necessary to achieve the objectives of the policy, the resettlement plan or resettlement policy framework also include measures to ensure that displaced persons are:
69 -- offered support after displacement, for a transition period, based on a reasonable estimate of the time likely to be needed to restore their livelihood and standards of living; and -- provided with development assistance in addition to compensation measures described in paragraph, such as land preparation, credit facilities, training, or job opportunities.
4.3 Compensation Standards 4.3.1 Compensation criteria for rural resettlers A. Compensation criteria for buildings and auxiliary facilities Compensation criteria of the resettlers' buildings and auxiliary architecture of all kinds is as follows:
a. Building: brick-concrete building 250--300Yuan/rm2 ; brick-timber building 200--25OYuan/m2; plank/earth-timber building 140--180 Yuan/M2; simply equipped building 60--100 Yuan/M2.
b.Auxiliary structures: fence 50 Yuan/m; well 500 Yuan per well; others auxiliary structures, including the resettlers' cooking range, toilet, swinery and cowstall and bleachery, and living facilities of CATV and telephone for the time being 250 Yuan per capita, in implementation stage will be compensated according to quantity measure and corresponding compensation criteria.
B. Compensation criteria for residents' relocation Compensation of residents' relocation includes material truckage, material loss fees, allowance for work delaying and tempoary housing. The compensation criteria is 50 Yuans/person, 50 Yuan/person, 50 Yuan/person and 100 Yuan/person respectively. C. Compensation criteria for poradic trees and grave a.Compensation criteria for sporadic trees is 15 Yuan each. b.Compensation for grave relocation is 200 Yuan each.
D. Compensation criteria for infrastructure construction cost of resettlement place
70 The infrastructure construction of the resettlement place includes ground leveling, power supply engineering, water supply and sewerage works and road engineering. The compensation criteria is 800 Yuan/ person. E. Compensation criteria of land acquisition According to relative land requisition policies of the state and prefectures, based on the survey results of the production value per mu in the year from 2000 to 2003 for different sorts of land, then combining with the practicality of project and project involved prefectures, project land compensation criteria is finally determined. Since project involves impact on many aspects, and the prefectures varies a lot on economy developing level, compensation criteria is also different. Comprehensive compensation respectively includes land compensation, resettlement subsidy, compensation for young crops and timbers, of which compensation criteria for paddy land 13000-15000 yuan/mu; 9000-10000 yuan/mu for dry land; 6500-7500 yuan/mu for forestland; 7000-8000 yuan/mu for construction land; 1450-1650 yuan/mu for wasteland. F. Compensation criteria for temporary land The compensation will be determined respectively based on the land category and time occupied by the project construction. Since the temporary land for the project construction will be used no more than a year generally, compensation criteria for temporary land occupation of all kinds in respect counties (cities or districts) in Hunan (including recultivation expenses, compensation for young crops and trees) is as follows: farmland 2000-2200 Yuan/mu; dry land 1450-1550 Yuan/mu; and other land 500-1000 Yuan/mu. Project construction unit will be responsible for land re-claimation for the temporarily occupied land.
4.3.2 Compensation criteria for relocation of enterprises and public institutions
Compensation for relocation of enterprises and public institutions covers compensation for building and auxiliary structires, relocation compensation and compensation for stop production of enterprises. The compensation criteria for building and auxiliary structures is the same as that of rural resettlers and the average comprehensive relocation compensation and compensation for stop production of enterprises is 2000 Yuan each and 3000 Yuan each respectively.
71 4.3.3 Compensation criteria of special item restoration At present, the relevant departments of respective counties(cities, districts) have not yet provided their detailed restoration plans for project affected special items. The cost estimation for these items is for the time being based on the actual quantities and unit prices. The actual cost will be determined in the implementation stage through consultation between the project construction command office and the responsible departments of respective special items.
A. Compensation criteria for electric power facilities reconstruction
Compensation criteria for 110KV, 10KV and 380W220V power line is 250000 Yuan/km, 50000 Yuan/pole. Km and 20000 Yuan/pole. Km respectively. B. Compensation criteria for communication facilities rebuilding Compensation criteria for communication optical cable and electric cable is 35000 Yuan/km and 15000 Yuan/pole.km.
4.4 Entitlement Matrix All project affected units and individuals have the following rights and interests as shown in the Entitlement Matrix ( Table 4-1).
72 Table of the Resettlers' Rights and Interests for the Electrization Modification Project of Zhe-Gan Railway(Hunan section) Table 4-1 Impact Affected Resettlement policy used for land acquisition and relocation Compensation item and criteria Type )bject 1.AII buildings will be compensated according to rebuilding price without 1.Building: brick-concrete building 2 deducting depreciation. The usable materials of the old buildings go back to 250--330 Yuan/M ; brick-wood the resettlers and they can also use these materials to construct their building 200-250Yuan/ m2 ; new buildings. plank/earth-timber building 140--180 2.The resettlement institution assists the resettlers in solving new land for Yuan/ M 2 ; simply equipped building living. The resettlement standard for homestead will be performed in 60--100 Yuan/ M2 . reference to the relevant provisions of each county (city or district). 2.Auxiliar facilities fence 50 3.This plan respects most resettlers' wishes and the mode of self-demolition Yuanm well : fene 50 and self-building for building construction is adopted. The resettlers can Yuan/i; well 500 Yuan/well; other decide freely whether to make full use of the usable materials of the old living facilities 250 Yuan /person. Rural buildings or not. 3.Compensation for residents' Residen Rural 4.The affected residents will get the house building notice a month before relocation 250 Yuan/person. ce and Relocate commencement, and they will have at least three months to construct their 4.Sporadic tree 15 Yuan/tree. Auxiliar d houses. The time arrangement for house building should be fully discussed 5.Grave relocation 200 Yuan/grave. Househo and consulted with the village, town and resettlers concerned. The 6.Construction cost for infrastructure Facilitie Id resettlers will get a sum of fees for relocation transport incl. material of resettlement place 800 s truckage, material loss fee, allowance for work delaying and temporary Yuan/person. housing in accordance with the standard of 250 RMB Yuan per capita. 5.1n the course of implementation, the resettlement institutions at all levels will take effective measures to help the families with special difficulties. For those resettlers, the resettlement group and village committee of the township (town or street) will ask for their wishes and help them rebuild their houses and assist them to move into new houses. 6. The compensation for resettlers' houses will be paid by stages according to resettlers' material preparation and house building schedule. But capital of the first phase should be paid to resettlers before their commencement. 7. Resettlers can appeal in any aspect of resettlement and the institution which accepts the cases can not charge any fees.
73 1.For land acquisition for project construction, the units whose land is 1. Comprehensive compensation requisitioned will be paid land compensation, resettlement allowance and includes land compensation, compensation for young crops or compensation for ground attachments by resettlement allowance, the land acquisition unit. compensation for young crops and Propert trees, of which compensation criteria Land y owner for paddy land 13000-15000 yuan/mu; 9000-10000 yuan/mu for dry land; 6500-7500 yuan/mu for forestland; 7000-8000 yuan/mu for construction land; 1450-1650 yuan/mu for wasteland. 1.Compensation for temporary land includes fees for borrowed land and Compensation for temporary land compensation for young crops, which will be directly paid to the land occupation includes compensation contractor by the resettlement institution. The construction unit will be for young crops and trees and land responsible for recultivation of the temporary land. occupying expenses: of which Femporar Contrac farmland 2000-2200 Yuan/mu; dry yland tor land 1450-1550 Yuan/mu; and other land 500-1000 Yuan/mu. Reclaimation for the temporarily occupied land will be carried out by project construction unit. 1.The buildings of enterprises and public institutions will either be rebuilt 1.Compensation criteria for buildings Enterpri in term of the principles of "original standard, scale and recovery of and auxiliary facilities is the same as se and original functions" or be compensated according to rebuilding price. the rural standard. public Propert 2.Relocation transport expenses, material loss fees and allowance for 2.Relocation compensation 2000 institutio y owner work delaying of enterprises and public institutions and loss for stop Yuan each. n production of enterprises will be compensated. 3.Compensation for stop production of enterprises 3000 Yuan each.
74 5 Resettlement and Rehabilitation Plan The resettlement plan for Electrification Project of Zhe-Gan Railway was prepared jointly by Ministry of Railways, project command offices of Shanghai Railway Bureau, Nanchang Railway Bureau, Guangtie Group Company, the people's governments at all levels along the railway route, as well as East China Investigation and Design Institute. The above organizations established a joint resettlement working team to plan for the project resettlement work on the basis of the survey results of project affected inventories and according to the current policies, laws and statutes and the World Bank's resettlement requirements as well as the local actual conditions.
5.1 Objectives and Tasks 5.1.1 Resettlement target
As the project affected places are in the areas where the traffic condition is good and the economy is developed, particularly, the individual business households and family-based enterprises are very popular. The farmers there do not take farming as their main living means but mainly live on trading, running their own business and providing labor service. The grain production level cannot be taken as the base for determining the resettlement planning schemes. Therefore, the objective of resettlement for this project is set as follows.
(1) The income per capita shall be recovered to the standard before resettement.
(2) The public infrastructures, school, hospitalize, social welfare level, natural environment and traffic condition etc. shall be improved after resettlement.
5.1.2 Resettlement Task
Based on the inventory survey and anayles, there are 3751 persons to be resettled or rehabilitated, in which 3651 persons will need for productive resettlement and 485 persons from 137 households for living resettlement.
5.2 Resettlement Guideline and Principle 5.2.1 Resettlement Guideline
The resettlement work for this project should stick on the policy that: Esteem and care for the living and production habits of the local PAPs, take full consideration of the willings of the PAPs; with due consideration of the actual conditions in the original
75 townships (town, street committees) and villages (neighborhood committes), the rural resettlers resettled on land basis without changing the agricultural status if land is available for resettlement; based on developing the traditional crop farming and guaranteeing the basic material survival conditions of the resettlers, guide and assist the resettlers to develop the secondary and tertiary industries and to restore, improve and raise the living and production levels of the resettlers, and reach the target of prolonged social stability.
5.2.2 Resettlement Principle
(1) The resettlement plan will be based on detailed inventory for land acquisition and houses demolition, and adopted compensation standards and subsidies.
(2) The resettlement shall be combined with the local development, resource utilization and economic growth as well as environment protection. Considering the local conditions, a practical and feasible resettlement plan should be developed to restore and improve their economic production and create basic conditions for long-term development.
(3) The resettlement plan should be based on the principle"Beneficial to the production and convenient for living".
(4) The re-construction standard and scale shall be based with the principle of recovery to the original standard and original scale. Combining the local development, the cost for enlarging the scale, raising standard and future plan shall be solved independently by local government and relevant department.
(5) Making overall plans and taking all factors into consideration, correctly handling the relations between the state, collective and individual.
(6) Fully utilize local natural resource, build water conservancy facility, develop new farmland, improve land quality, and strengthen agricultural strength and make the resettler' living standard reach or exceed the original level step by step.
5.3 Overall Resettlement Scheme
Construction of the project will affect a small amount of houses and land along the railway, which will not impose big impact to the original living and production system in the existing villages. Consultation meeting have been held in the affected towns, townships and villages to discuss the resettlement scheme. According to the
76 resettler's opinions and actual situation of the project affected places, it is determined the the resettler's in the project affected places will be displaced in their original villages and communities. This can ensure that the resettlers will keep their original living and production habits, keep their custom and social relationship as before resettlement, and the resettlers can comparatively easily restore and improve their living and production level after resettlement. In order to minimize the project impact to their living and production conditions, all old houses will be demolished after construction of new houses are completed. The rural households whose houses will be relocated will be resettled in their original villages, mainly on the land base and supplemeted by production development in secondary and tertiary industries. After the economic compensation is paid to the village, the land of the village (neighborhood committees) and village groups will be re-allocated at the will of the villagers. The resettlement will be carried out on land base, and for some village groups which are comparatively serious affected by the land requisition, the basic livelihood guarantee system will be established for the farmers according to the relevant local policies so as to ensure the basic living condition of the farmers whose lands are requisitioned.
5.4 Analysis on Carrying Capacity for Resettlement 5.4.1 Natural conditions and land resources
Since the project affected population will be resettled in their orginal villages and communities, the natural conditions will not be the restricting factor of carrying capacity for resettlement.
The carrying capacity analysis is based on detailed village to village survey. During Jan. - Mar., 2004, arranged by Ministry of Railways, the project command offices of the Shanghai Railway Bureau, Nanchang Railway Bureau and Guangtie Group organized relevant staff to carry out a village to village survey. Through collection of local social and economic data, land use survey results, annual statistical report, and adjustable farmland possibilities among each affected village group, and verification of their current land resources, population, agricultural production, infrastructure, culture, education and sanitation, detailed carrying capacity analysis has been carried out. Based on the principle of using same dialects, having similar ethnic costumes, faciliating traffic, providing complete cultural, educational, medical
77 and sanitary infrastructures and esteeming the resttlers' wilings. it was determined that all the population affected by the project will be resettled in their original village by moving back through adjusting land allocation and monitized compensation. After the determination was made, the Project Management Offices carried out, together with the leaders of the local townships (towns) and villages, in-depth analysis (refer to section 3.4) on the actual land conditions. The analysis shows that the land resource is the constraint factor of carrying capacity only for 32 villages out of the 560 affected villages. 5.4.2 Resettlers' characteristics and relationships
Among the project affected areas, the majority of affected people are Han nationality. In order that the custom of the resettlers, original personal and social relationship will not be affected to a possible ectent, and the existing distance to farmland will not be increased, the resettlers of affected villages are planned to resettled within the original villages and communities.
5.4.3 Basic Infrastructure Conditions for Production and Living (1) Traffic Condition
Construction of the project will certainly affect the original traffic mode somewhat, thus, some corresponding engineering measures have been considered in the project design, which include building overpasses and intersections at main rural roads, building pedestrian overpasses or underpasses near the main road of the villages, schools, hospitals and other crowd area in order to ensure safty for people and animals. Construction of the Project will not only improve the travel of the local resident, enhance the circulation of freight and personnel, but also accelerate the development of local economy. The living envoirnment and the infrastructures of local resettlers will be upgraded after resettlement. Therefore, the traffic condition will not be a constraint factor for carrying capacity.
(2) Water Supply Condition
The project is located in the plain and hilly areas of Southeast China Region and Mid-China Region, where the economic and natural contions are rather good. Most of the rural residents are mainly using tap water some are using water from wells dug by themselves. As rivers run zigzag in the area and there is plenty of rainfall, water is easily available for living and production and the project construction will not affect the
78 water use of the local residents. The water source and water quantity will not be a constraint factor to the carrying capacity. Along with the economic development in the project affected areas, the living and production conditions will be gradually improved. (3) Electric Power Supply Condition
All electric power supply facilities affected by the project will be re-constructed based on the orginal standard before the project construction, so the electric power supply condition of the residents will not be affected.
(4) Medical & Education Condition
The medical and educational service facilities in the project affected areas will be restored based on the orginal standard before the project construction. The existing facilities in affected townships and villages could still be used. Access paths will be constructed by the Project to ensure that no any inconvenience will be created for the local people.
(5) Fuel Supply
The main fuel supply of the local residents is firewood collected from the nearby hills. The project land requisition will impose little impact to fuel supply of the local villages and townships. Along with construction of the project and improvement of the traffic condition, purchasing coal and other types of fuels will be more and more easy.
5.4.4 Economic Development Potential of the Affected Area
In the rural areas affected by the project, farming is generally not take as the main living means, and the secondary and tertiary industries are developed and it is rich in land reserve, which leave a big development potential. In future, with improvement of transportation condition, the resource advantage and good accessibility of local areas should be fully utilized. According to local conditions, various income generation opportunities should be developed by increasing input of science and improving production technical level of the masses in order to promote overall development of agriculture, forestry, sideline activities, as well as industrial, trade and transportation.
5.5 Resettlement and Rehabilitation Plan During project impact survey and resettlement planning, the project owner organized the relevant units involved in the project development to hold consulting meetings with the representatives of PAPs, cardres and villagers of the project 79 affected arears for discussing the resettlement scheme. According to the resettlement policies of the states and Hunan province as well as the World Bank requirements, and through the analysis on the carrying capacity for resettlement after land requisition for the project, it is determined that the PAPs will be resettled within their original village groups so that they can keep their original living and production ways and their social relationship will not be affected after resettlement. It is to encourage the resettlers to carry on their original job and to create conditions for developing local secondary and tertiary industries.
5.5.1 Plan of production recovery and resettlement The impact of land acquisition for each county(city, district) is not identical. According to actual quantity of land acquisition and house relocation, different opinion and reconstruction scheme and resettler and local government, survey result of resettlement working group and negotiation of relative administrative villages(neighborhood committee), it is decided that the land adjustment will be completed in the 3rd round land contracting for the villages with less impact of land acquisition or pay directly to the peasant household and use it on their own will; For 7 administrative villages(Neighborhood Committee) with heavier impact, the resettlement working group carried out special consultation, it is decided that readjust land in whole village or whole team, the compensation fee and subsidy shall be controlled collectively to develop the 2nd and 3rd industry to establish the basic living guarantee or distribute averagely to whole village or whole team. The resettlement plan is as the following:
(1) Liling city
Liling city is one of the most developed area of Hunan province, with not only perfect basic facility and fast economy development, especially family-managed individual economy developed, formed a certain scale of industrial system of daily use porcelain, electrical porcelain, artistic porcelain and special industrial porcelain such as the porcelain of Huang-ni-ao street, Yangsanshi street and Lailongmen stress, and fireworks of Dongfu town. Therefore the local resource of labor force can not satisfy the local economic development long ago, workers from outside has taken great proportion in the employment people of local individual privately-owned enterprise and trade enterprise. Except few old people staying at home to engage the agricultural production for the most rural resident households, the young labor is 80 engaged in the 2nd and 3rd industry, and the income of the 2nd and 3rd industry is over 95% of total income of the family. Therefore, the impact of land acquisition in this area is relatively small.
The land acquisition of this project will impact on 25 villages (neighborhood committee) of 7 towns (street) of Liling city, 6 villages with larger impact(land decreased over 10%), including 5 villages with land decreased 10-25% as Lianhua village and Huamu village of Dongfu town, Dingjiafang village of Lailongmen street, Wuhuamiao village of Huang-ni-ao street, Dashiqiao village of Banshan township; with land decreased over 25% as Lisan village of Yangsanshi street. According to the impact of land acquisition and actually condition, the production recovery plan of villages affected is as the following:
A. For the villages with larger impact as Lisan village of Yangsanshi street, Wuhuamiao village of Huang-ni-ao street, Dingjiafang village of Lailongmen street, Dashiqiao village of Banshan township, Lianhua village and Huamu village of Dongfu town, adjust the land in whole village or whole team and the compensation fee and subsidy will be controlled collectively for improvement of basic facilities and development of 2nd and 3rd industry except the compensation fee for young crops which will pay directly to the land user in order to establish the basic living guarantee or distribute averagely to whole village or whole team. But, the actual scheme shall consult with villager's comment and pass by the villagers representative meeting.
B. For the villages with few land decrease or most of non-farming land, the resettlement scheme shall be pass by the villagers representative meeting, except the compensation fee for young crops which will pay directly to the land user, the distribution and use method shall be as the following: a. Because each village has few or no flexible land, the land readjustment in whole village is difficult and workload is greater. The loss in the 2nd round land-contracting will be paid and the rest fee will be shared by whole village to use mainly for improvement of infrastructure and the 2nd and 3rd industry. the land adjustment will be completed in the 3rd round land-contracting. b. Pay the compensation fee and subsidy directly to the villagers who loss the land.
(2) Zhuzhou county
Zhuzhou county is located at the central of"Five zones and one-corridor" economic zone of Hunan province, at the south of"golden triangle" city concentrated area, a typical suburb county. Where has not only perfect 81 infrastructure, rich minerals resource and fast economic development, also has special advantage of construction material and pottery and porcelain trade, such as the construction material, electric and mechanic process, glass and chemical trade in Baiguan town, paper mill of Yaojiaba township. The local resource of labor force can not satisfy the local economic development and the demand for labor force. The outside-worker in the employment people of local individual privately-owned enterprise and industry has a certain proportion. Except few old people staying at home to engage the agricultural production for the most rural resident households, the most young labor is engaged in the nd and 2 3rd industry, and the income of the 2nd and 3rd industry is over 90% of total income of the family. Therefore, the impact of land acquisition in this area is relatively small.
The land acquisition of this project will impact on 9 villages(neighborhood committee) of 2 towns(street) of Zhuzhou county, 1 village with larger impact(land decreased over 10%), land decreased 20.56%. According to the impact of land acquisition and actually condition, the production recovery plan of villages affected is as the following:
A. For the villages with larger impact as Beiguan neighborhood committee of Beiguan town, adjust the land within the committee and the compensation fee and subsidy will be controlled collectively by the committee for improvement of basic facilities and development of 2nd and 3rd industry except the compensation fee for young crops which will pay directly to the land user in order to establish the basic living guarantee or distribute averagely to whole village or whole team. But, the actual scheme shall consult with villager's comment and pass by the villagers representative meeting.
B. For the villages with few land decrease or most of non-farming land, the resettlement scheme shall be pass by the villagers representative meeting and generally no land adjustment in the whole village, except the compensation fee for young crops which will pay directly to the land user, the distribution and use method shall be as the following: a. Because each village has few or no flexible land, the land readjustment in whole village is difficult and workload is greater. The loss in the 2nd round land-contracting will be paid and the rest fee will be shared by whole village to use mainly for improvement of infrastructure and the 2nd and 3rd industry. the land adjustment will be completed in the 3rd round land-contracting. b. Pay the compensation fee and subsidy directly to the villagers who loss the land. 82 (3) Lusong district
Lusong district is located at the south of Zhuzhou city, with superior geographical location where is the center of economy, culture, traffic, information, trade and financial etc. and important part of golden triangle economic industrial zone and having very convenient traffic condition intercrossed by Jing-Guang railway, Zhe-Gan railway, Xiang-Qian railway. The local economy is well developed. The local resource of labor force can not satisfy the local economic development and the demand for labor force. The outside-worker in the employment people of local individual privately-owned enterprise and industry has a certain proportion. Except few old people staying at home to engage the agricultural production for the most rural resident households, the most young labor is engaged in the 2nd and rd industry, 3 and the income of the 2nd and 3rd industry is over 95% of total income of the family. Therefore, the impact of land acquisition in this area is relatively small.
The land acquisition of this project will impact on 4 villages(neighborhood committee) of 2 towns(street) of Lusong district, with few impact(land decreased less than 10%). According to the impact of land acquisition and actually condition, the resettlement scheme shall consult with villager's comment and pass by the villagers representative meeting, and the compensation fee for land and young crops and subsidy will pay directly to the land user. 5.5.2 Plan for house relocation
According to the villager's opinion and actual condition of village and team and combining the master plan of village, resettlers can be concentrated in original village or new residence area(for large numbers) or scattered (for small number), and house construction can also be concentrated (for large numbers) or scattered (for small number), and keeping the original administrative management system and using existing water, power, road, education, medical and health facilities. For few resettlers who have additional house in other place for living, he can make application for monetized resettlement and approved by local government and the resettlement organization.
According to relative policies of Hunan province, rural people who builds residence should accord with the master plan of township(town), The construction of residential house of villagers shall follow the master plan of township(town). The land area of each household is not over 130m 2 for farmland, 2 2 21 0m for fell and waste land, 180m for other land. One rural household is only 83 allowed to have one house plot. The house plot of resettler shall select in original village or new residence area of this village, avoiding as far as possible to occupy farmland and scattering for house construction. The house plot standard shall follow relative rules of each county(city, district). The house demolition and house construction of resettlers shall be performed by their own wishes, and the resettlement organization will give compensation by replacement price according to original house structure and area. The compensation shall be paid by stages according to the progress of material preparation and house construction. The resettler can build new house first or demolish old house first, if demolish old house first, the subsidy of temporary house shall be paid.
5.5.3 Social service facilities in resettlement plot
The land acquisition will not affect the social service facilities of school and medical station, so that the original school, medical room and commercial network could be used and not necessary to build separately, and move the distance from the resettlement plot to original social service facility is almost identical.
5.5.4 Resettlers' Administrative Management and house construction Since the affected households will be resettled locally and economic rehabilitation will be carried out within the affected villages, the administrative structure will remain the same. The house construction should consider the living habit and also leave the room for the further development. The house demolition and house construction of resettlers shall be performed by their own wishes, and the resettlement organization will give compensation by replacement price according to original house structure and area. The compensation shall be paid by stages according to the progress of material preparation and house construction. The resettler can build new house first or demolish old house first, if demolish old house first, the subsidy of temporary house shall be paid. 5.5.5 Administration of Resettlement implementation organizations Implementation of resettlement plan will be under the leadership of the project owner and the relevant provincial people's governments, and the project affected counties (cities, districts) will designate personnel from their relevant government departments to establish resettlement organization to formulate the resettlement policies, and assume the responsibility for publicization, mobilization, arrangement
84 and implementation of the house relocation and inhabitants resttlement. At the same time, the resettlement organizations are also requested to hear and timely collect and sort the resettlers' opinions and questions, and timely report such to the superior organizations or the relevant competent departments and convey the opinions of handling such issues to the resettlers in possible shortest time.
5.6 Rehabilitation Plan for Special Facilities The special facilities affected by the Project include: 11 OkV, 1OkV and 380/220V power lines, and telecom cables and power cables, which will all be relocated by the local competent departments based on the relocation plan worked out by them. In case the overhead power and telecom lines run across or parallel to the railway route, they should be highly raised for crossing the railway or shifted horizontally away in relocation. The underground telecom cables should run across the railway through sleeves embedded under the railway.
85 6 Cost Estimation on compensation for land requisition
Land acquisition and relocation for this project involves a large scope and impacts a lot of objects. To ensure the successful implementation of the project construction and resettlement, the people's government of Hunan province pays great attention to it. The people's government of Zhejiang province pays great attention to it. At present, Zhejiang is paying close attention to studying and working out the related policy of land acquisition and relocation for electrization. At the end of March 2004, Hunan Provincial Land Resource Bureau and Construction Project Management Center of Guangzhou Railway Company signed Land Requisition Contracting Agreement for Electrification Project of Zhe-Gan Railway. Project investment of land compensation in Huan Section is based on relative state and local rules or regulations and the spirit of Contracting Agreement.
The total investment to compensation for the land requisition in the Zhe-Gan (Jiangxi section) Electrification Project is 46870.3x103 RMB Yuan (excluding tax), in which the compensation to the rural resettlers is 35177.5x103 RMB Yuan, being 75.05% of the total investment, the compensation to organizations and enterprises is 256.1x10 3 RMB Yuan, being 4.81% of total investment, the compensation for restoring 3 of special items is 122.8x10 RMB Yuan, being 0.26% of the total investment, and the cost for others is 1502.3 x103 RMB Yuan, being 3.21% of the total investment. See Table 6-1 for details.
86 Cost Estimation on Compensation for Land Requisition and Resettlement (Hunan section)
Table 6-1 Item Description Compensation Percentage Item Description (104 Yuan) (%)
I Compensation for rural resettlers 3517. 75 75. 05 (1) Compensation for removing 627. 57 (2) Cost for construction of infrastructure in host area 38. 80 (3) Compensation for land requisition 2712. 01 (4) Compensation for temporary land occupation 139. 36
11 Compensation to organizations and enterprises 225. 61 4. 81 IlIl Compensation for reconstruction of special items 12. 28 0. 26 VI Others 150.23 3.21 V Contingency 781. 17 16. 67 Total static investment (excluding tax) 4687. 03 IV Related tax 573. 44
Total static investment (including tax) 5260. 47 100.00
6.1 Compiling basis and principles (I) Compiling basis
(1) The Land Administration Law of the People's Republic of China (effective as of January 1, 1999);
(2) ((Regulations for Farmland Occupation of PRC)) (Notice of State Council (1987) No.27);
(3) ((Implementation Regulations for Forestry Law of PRC)) (Promulgated by Order No.278 of the State Council of the Peoples Republic of China); (4) ((Implementation Method of Hunan Province for < The Land Administration
Law of the People's Republic of China > (effective on Mar. 31, 2000)
(5) ((Management Method of Woodland of Hunan Province))
(6) ((Implementation Method of Land Re-reclamation of Hunang Province)) 87 (7) Non-Voluntary Resettlement, Operational Policy OP 4.12 of the World Bank;
(II Compensation principles
(1) The land compensation and resettlement subsidy will be carried out according to the relevant stipulations in ((Implementation Method of Hunan Province for < The Land Administration Law of the People's Republic of China > )) , and the compensation for the young crops will be determined according to relevant stipulations.
(2) The compensation for house and attached facilities will be determined according to the reconstructed price.
(3) The compensation for special facility shall be, on the principles of restoring original function by"Three Originals (original scale, original standard and original function)", determined according to its actual recovery condition. (4) The compensation standards for the scattered trees shall be determined according to its actual value or actual cost needed for removing. (III) Price level year
The cost estimation on compensation for the land requisition and removing of Zhe-Gan Project is worked out on the basis of price level in the first quarter of 2004. 6.2 Compensate standards
6.2.1 Compensation to rural resettlers
Project compensation for rural resettlement includes compensation for housing relocation, expenses for construction of infrastructures, land compensation, compensation for temporary land occupation, the investment fund is 6275.7 x103 RMB 3 3 Yuan, 388.0x10 RMB Yuan, 27120.1x10 RMB Yuan and 1393.6x10 3 RMB Yuan for each respectively.
A. Compensation for houses and attached structures
Compensation for PAPs' houses of all sorts and attached buildings is 5023.6x1 03 RMB Yuan and 127.3x103 RMB Yuan for each. B. Compensation for removing of resettlers
88 The compensation for removing of resettlers includes cost for transportation and loss of materials, and subsidy for loss of working time and for temporary housing. The 4 compensation is 2.43x10 RMB Yuan, 2.43x10 4 RMB Yuan, 2.43x10 4 RMB Yuan and 4.85x10 4 RMB Yuan respectively.
C. Compensation for scattered trees and graves
a. The compensation for scattered trees is 1000.4 xl 03 RMB Yuan.
b. The compensation for graves is 3.2 xl 03 RMB Yuan.
D. Cost for construction of infrastructure in host area
The construction for infrastructure in host area includes the ground leveling, supply power item, water supply and drainage item, road. The cost is 388 x10 3 RMB Yuan.
E. Compensation for land requisition
The compensation for each kind of land requisition in the whole province is 3 27120.1x10 RMB Yuan (including the compensation for land, subsidy for resettlement, and compensation for young crops or trees).
F. Compensation for temporary land occupation
The compensation for temporary land occupation will be determined according to classification of land occupied and time during the project construction. Project temporary land occupation time is no longer than one year generally, the compensation for each kind of temporary land occupation in each county (city and district) of Hunan province includes compensation for young cropss or trees and land occupation, the total investment is 1393.6x103 RMB Yuan.
6.2.2 Compensation for removing of organizations and enterprises The compensation for removing of organizations and enterprises includes the compensation for houses and attached structures, for removing and stopping production of enterprises. The total investment is 2256.1 x10 3 RMB Yuan.
6.2.3 Compensation for reconstruction of special item
As now the relevant special department at each county (city or area) has not proposed the detailed plan for special item impacted by the project, the budget is calculated temporarily according to the actual impacted quantity and the unit price. 89 The reconstruction cost will be determined after the consultation between the Project Command Office and each responsible department of special items during implementation stage.
A. Compensation of power facilities
10 KV and 380W220V transmission line is 35x103 RMB Yuan and 11x103 RMB Yuan respectively.
B. Compensation of communication facilities
Optic cable and power cable is 59.5x103 RMB Yuan and 17.3x103 RMB Yuan respectively. 6.2.4 Other Fees A. Administration fee for implementation 3 It is 1126.7 x10 RMB Yuan, calculated according to 3% of the sum through 6.2.1-6.2.3, which mainly is used as administrative fee caused by houses, equipment, wage, tripping and official business of the Resettlement Office.
B. Monitoring & Evaluation cost 3 It is 375.6 x10 RMB Yuan, calculated according to 1% of the sum through 6.2.1-6.2.3, which is used as fee caused by the external evaluation and monitoring unit during the resettlement implementation.
6.2.5 Contingency A. Basic contingency
It is 7811.7x1 03 RMB Yuan, calculated according to 20% of the sum through 6.2.1 - 6.2.4. B. Contingency for price difference The contingency for price difference is calculated according to notice of strengthening management on"Contingency for Price Difference" in budget for the large and medium-sized project issued by State Planning Committee, and the investment price index is calculated according to zero.
6.2.6 Related tax
Expect that the cost for reclaiming the cultivated land calculated is 5734.4x103 RMB Yuan, the taxation on requisition of cultivated land, recovery fee of forest vegetation and other taxation is derated and not listed in this budget.
90 6.3 Compensation cost By the sum through 6.2.1-6.2.6, total static investment to compensation for the land requisition and removing of resettlers is 34472.5x10 3 RMB Yuan (excluding tax), and the static investment including tax is 52604.7x103 RMB Yuan. See Table 6-2 for details.
Cost Estimation on Compensation for Land Requisition and Resettlement (Hunan section)
Table 6-2 Unit: 104 RMB Yuan Items compensation remark I. Compensation for rural resettlers 3517.75 (I) Compensation for removing 627.57 1. Compensation for houses 502.36 1.1 Brick-concrete 317.28 1.2 Brick-wood 87.88 1.3 Broad (earth) 97.20 1.4 Simply 0.00 2. Compensation for attached facilities 12.73 2.1 Fence 0.00 2.2 Well 0.60 2.3 Others 12.13 3. Compensation for removing of resettlers 12.13 3.1 Fee for transportation of materials 2.43 3.2 Fee for loss of materials 2.43 3.3 Subsidy for loss of working time 2.43 3.4 Subsidy for temporary houses 4.85 4. Compensation for scattered trees 100.04 5. Fee for removing of graves 0.32 (II) Cost for Construction of infrastructure in host area 38.80 (Ill) Compensation for land requisition 2712.01 1. Cultivated land 2034.29 2. Garden plot 0.00 3. Forest land 484.15
91 Cost Estimation on Compensation for Land Requisition and Resettlement (Hunan section)
Continue with Table 6-2 4 Unit: 10 RMB Yuan Items compensation remark 4. Land used for construction 190.35 5. No-used land 3.22 (IV ) Compensation for temporary land occupation 139.36 1. Cultivated land 106.73 2. Garden plot 0.00 3. Others 32.63 II. Compensation for removing of organizations and enterprises 225.61 (I) Compensation for houses 221.81 1. Brick-concrete 188.36 2. Brick-wood 33.45 3. Broad (Earth) 0.00 4. Simply 0.00 (II ) Compensation for attached structures 0.20 1. Fence 0.00 2. Well 0.20 (Ill) Compensation for removing 1.80 (IV) Compensation for enterprise stopping working 1.80 III. Compensation for reconstruction of special items 12.28 (I) Power facility 4.60 1. l1 OKV line 0.00 2. 10KV line 3.50 3. 380/220V line 1.10 (II) Communication facility 7.68 1. Fibre optic cable 5.95 2. Cable 1.73 IV. Others 150.23 (I) Administrative cost for implementation 112.67
92 Cost Estimation on Compensation for Land Requisition and Resettlement (Hunan section)
Continue with Table 6-2 Unit: 104 RMB Yuan Items compensation remark (lI)Monitoring and evaluation cost 37.56 V. Contingency 781.17 (I) Basic contingency 781.17 (II) Contingency for price difference 0.00 Total static investment (excluding tax) 4687.03 VI. Related tax 573.44 Cost for reclaiming of cultivated land 573.44 Total static investment (including tax) 5260.47
93 7 Resettlement Implementation Plan
7.1 Implementation procedures A. Land requisition and compensation
The land acquisition and compensation shall be completed with coordination of the each related organization, and the procedures are as follows: (1) The project design unit will offer"Map for Plan of Land Used in Construction", and clear the land occupied scope and quantity. (2) The Construction Command office of the railway bureau will apply for the land usage to the land management department of Hunan province. (3) The application will be approved.
(4) The Construction Command office of the railway bureau will consult on the compensation and sign"Compensation Agreement for Land Requisition and Occupation" with the relative department of Hunan Province. Then the relative department of Hunan Province will sign"Compensation Agreement for Land Requisition and Occupation" with the relevant leading group offices (command offices) for project construction in county (city or area).
(5) The related project construction command office of railway bureau, the leading group offices (command office) for project construction in county (city or area), the resettlement working groups of each town (township, residential area, farm and industrial zone), and village (residential committees) will define the scope and quantity of land requisition in the site.
(6) The leading group offices (command office) for project construction in county (city or area) will sign"Agreement for Land Requisition" with the resettlement working groups of each town (township, residential area, farm and industrial zone), and village (residential committees).
(7) Go through the legal procedures.
(8) Payment for compensation cost. (9) Land requisition for project. B. Production resettlement and restoration
After the compensation cost for the land is on the position, the production resettlement and restoration will be carried out by villager committee and working
94 procedures are as follows: (1)to hold the villagers' representative meeting (participated with over 2/3 representatives) to work out the overall scheme for the land adjustment, production restoration and compensation usage. (2)to publicize the overall scheme for the land adjustment, production restoration and compensation usage, and solicit the opinions of resettlers and villagers in the related village and group. (3) to implement the scheme of the land adjustment, production development or capital usege. C. Houses relocation and inhabitants resettlement The procedures for house relocation of resettlers are as follows: (1) The project design unit will offer the removing scope of houses involved in the project impact. (2) The related project construction command office of railway bureau, the leading group offices (command office) for project construction in county (city or area), and the resettlement working groups of town (township, residential area, farm and industrial zone) will define the scope and quantity of land requisition in the site.
(3) The related project construction command office of railway bureau, the leading group offices (command office) for project construction in county (city or area), the resettlement working groups of town (township, residential area, farm and industrial zone), and village (residential committee) will consult with the resettled households about the compensation standards for houses and attached structures, and work out the compensation agreement for house relocation.
(4) Publicize the quantity of removing houses, compensation standards and removing time so as to solicit to opinions of resettled households. (5) The related project construction command office of railway bureau will sign the compensation agreement for houses relocation with the leading group offices for project construction in county (city or area). The leading group offices (command office) for project construction in county (city or area) will sign the compensation agreement for houses relocation with the resettlement working groups of town (township, residential area, farm and industrial zone). And the resettlement working groups of town (township, residential area, farm and industrial zone) will sign the compensation agreement for houses relocation with the resettled households.
95 (6) The resettlement working groups of town (township, residential area, farm and industrial zone) and village (residential committee) will set down the now house plot and solicit opinions of resettled households.
(7) The leading group offices (command office) for project construction in county (city or area) and the resettlement working groups of town (township, residential area, farm and industrial zone) will carry out the procedures for the new house plot. (8) The leading group offices (command office) for project construction in county (city or area) and the resettlement working groups of town (township, residential area, farm and industrial zone) will entrust the related construction unit to carry out the"Water Supply, Electricity Supply and Land Leveling", or the land leveled by resettled households, and will sign the house relocation agreement with resettled households.
(9) Compensation is paid to resettlers.
(10) Resettlers construct the houses and move into new houses. (11) Resettlers demolish old houses. D. Restoration of Special Facilities
(1) The Project Design Unit provides impact scopes of special facilities;
(2) PRO, together with authorities of special facilities, conduct investigation about classes and quantities of special facilities; (3) PRO consigns relative departments in charge of special facilities to make restoration plan for special facilities based on resettlement plan; (4) PRO consults and decides compensation standard of special facilities with relative departments in charge of special facilities, and sign"Compensation Agreement of Special Facilities Restoration"; (5) PRO consigns relative departments in charge of special facilities to conduct reconstruction of special facilities; (6) Special Facilities put into use respectively.
7.2 Schedule The land requisition and resettlement will be carried out according to the construction planned schedule and following principles: (1) The house demolishing will be carried in steps and must be completed before starting of the project construction.
96 (2) The resettlers shall be noticed at least 3 months before, and resettlers shall have at least 3 months to build their houses from the noticed date to the dead line of house removing. The affected persons can stay in the old houses before the completing the construction of new ones. (3) It shall have the negotiation with resettlers on the construction time of houses, that can be prolong properly if necessary.
(4) The land requisition shall be completed before the starting of item construction for each lot.
(5) The land adjustment and allotting shall be completed in time at the change seasons of crops. (6) The restoration of each special facilities shall be completed before starting of each project construction or removing of resettlers. According to overall schedule, the schedule of the land requisition and removing is decided, Table 7-1 for details.
97 Planned Schedule of Land requisition and Removing for Zhe-Gan Railway Project (Hunan section)
Table 7-1 Item Planned Schedule I. Land requisition 1. Determination of land requisition 2003.10-2004.6 objectives 2. Preparation of inventory survey on the land to be requisitioned, and 2003.10-2004.6 conducting survey 3. Consultation and determination of 2004.3-2004.9 compensation criteria of land requisition 4. Payment of land requisition 2004.5-2004.10 compensation 5. Official formality of land requisition 2004.5-2004.10 II. Production restoration and rehabilitation 1. Reclaiming land 2004.6-2004.9 2. Consultation on re-allocation and land 2004.7'2004.9 distribution 3. Re-allocation and land distribution 2004.9-2004.10 11I.House demolishing and rebuilding 1. Determination of house relocation 2003.10-2004.6 objectives 2. Survey of data of houses to be 2003.10-2004.6 demolished 3. Consultation and determination of 2004.3-2004.9 house compensation criteria 4. Selection of house plots 2004.4-2004.10 5. Official formality of using house plots 2004.5-2004.11 6. Payment of house compensation 2004.5'2004.11 7. Land leveling of house plots 2004.5-2004.11 8. Building new houses 2004.6-2004.12 9. Moving into new houses 2004.10-2005.4 10. Demolishing of old houses 2004.10-2005.4 IV. Restoring and rebuilding special 2004.6-2004.10 items
98 7.3 Payment 7.3.1 Principles of payment A. All expenditures for land requisition and house relocation should be listed into the project cost estimation, and the compensation for land requisition, house relocation and other related items should be paid to the relevant units and individuals by the relevant project command office of relevant railway bureaus through Hunan Provincial Land Administration Bureau and the county (city, district) project construction leading group offices (command offices).
B. The compensation for hosues should be paid in installment to the households whose housewill be relocated before building new houses.
C. The compensation for land and other facilities should be paid three months before land requisition.
D. In order to ensure the resettlement to be implemented successully, the relevant project command office of relevant railway bureaus and the relevant provinces and counties (cities, districts) should jointly establish specific financial institutions at all levels and corresponding finance supervision institutions to ensure the correct and timely payment.
7.3.2 Institutions assuming financial responsibility for resettlement A. The institutions responsible for rural land requisition compensation include Hunan Provincial Land Administration Bureau, resettlement work groups of county(city, district), townships, towns, street committees, farms, development districts and village committees (neighborhood committees).
B. The institutions responsible for rural house relocation compensation include the project command office of relevant railway bureaus of electrification project of Zhe-Gan Railway, county (city, district) project construction leading group office (command office), resettlement work groups of townships, towns, street committees, farms, development districts and village committees (neighborhood committees).
C. The payment of resettlement fund will be transferred from top institutions to lower institutions, and each institution should strictly follow the financial settlement and audict system, and periodically check and report the actual payment and use of the compensation. Remedial and adjustment measures should be timely proposed in
99 case of unexpected condition occurs so as to ensure the payment to be transferred and correctly used.
7.3.3 Fund flow
According to the compensation policies and criteria specified in the RAP, the project command office of relevant railway bureaus will sign Compensation Agreement for Project Land Requisition with the provincial land administration bureaus (but directly with the affacted counties in Jiangxi Province), and the provincial land administration bureaus will sign Compensation Agreement for Project Land Requisition with the county (city, district) project construction leading group office (command office). The county (city, district) project construction leading group office (command office) will sign the Compensation Agreement of Land Requisition and the Compensation Agreement of Standing Crops on Ground with the affected townships (towns, street committees, farms, development districts). The project command office of relevant railway bureaus will sign the Compensation Agreement of Houses and Annexes Relocation with the county (city, district) project construction leading group offices (command offices), and the latter will sign the similar agreement with the affected townships (towns, street committees, farms, development districts); and the affected townships (towns, street committees, farms, development districts) will sign the similar agreement with the individual. resttled households.
According to the compensation items, amount and payment schedule, the payment of the compensation will be transferred via banks by county (city, district) project construction leading group offices (command offices) to the resettlement work groups of affected townships (towns, street committees, farms, development districts), and the latter will pay the compensation to the village (neighborhood committes, village groups or individual households. The project command office of relevant railway bureaus will sign the Compensation Agreement for Restoration of Speicial Items with respective competent departments. The special item compensation will be directly paid via the bank to the respective competent departments by Project Construction Command Office of Shanghai Railway Bureau. The fund flow charts is as the following:
100 Cash flow
Provincial County ( city, district) land leading group office Project administration Township Villagers
Land compensation fee - office - bureau (town) - committee
Provincial County (city, district) land leading group office Project administration Township Villagers committee or
Resettlement subsidy - office bureau - - (town) I- resettlement household
Provincial County (city, district) Compensation fee for land leading group office young crops and Project administration Township Villagers Resettlement attachments - office - bureau - - (town) | committee - household
Compensation fee for Project Construction County (city, district) Township Villagers Resettlement temporary land-use -| office - unit | leading group office |* (town) | committee household
|Compensation fee for Project |County (city, district ) | Township Resettlement
Ihouse and attachments - office - [leading group office (town) - household
Compensation fee for infrastructure, Project County ( city, district ) Township Resettlement transportation and others - office - leading group office | (town) | household
Compensation fee for Project County ( city, district ) Township Resettlement scattered trees - office | leading group office | (town) | household
101 Individual Cost for business stop of Project County ( city, district ) Township business individual business man - office - leading group office - (town) - man Compensation fee for Project 1 special items - office - [Responsible department Supervision assessment Project [ 1 fee - office - LExternalsupervision unit
Provincial County ( city, district) land leading group office Management fee for Project administration implementation - office - bureau -
102 8 Institutional Organizations
8.1 Institutional Arrangements 8.1.1 Organizations
In order to implement the Resettlement Action Plan in a smooth and effective manner, a resettlement organizational network from Ministry of Railway, Guangtie Group will be established, which will be vested with full responsibility for planning, coordination, implementation and monitoring of resettlement activities. The following institutions are established for or involved in land requisition and resettlement of Zhe-Gan railway project.
* Project Coordinating Group for Resettlement under Ministry of Railways;
* Project Command Office of Guangtie Group of Zhe-Gan Railway * Key Project Construction Leading Group of Hunan province * Key Project Construction Leading Group Office of Hunan province * State Land Resource Bureau of Hunan Province * County (City, District) Project Construction Leading Group * County (City, District) Project Construction Leading Group Office (Command Office)
* Resettlement Work Group of Township (Town, Street, Farm, Development District) * Village Committee and Villager Group
* Project Design Unit
* External Independent Monitoring Organization
8.1.2 Responsibility of the organizations A. Project Coordinating Group for Resettlement under Ministry of Railways
Project Coordinating Group for Resettlement under Ministry of Railways, which is formed by the Foreign Finance Management Center and Engineering Management Center of Ministry of Railways, is the top leading institution managing the resettlement work of the on-going railway project on behalf of the ministry. The main responsibility of this group is to enhance the leadership of the resettlement work for the state key
103 projects, and to ensure smooth resettlement implementation of the Electrification Project of Zhe-Gan Railway. The responsibility includes:
a. In the project preparation stage, organize the relevant units to prepare RAP; b. According to the RAP, organize, examine and supervise the implementation of land requisition, house relocation and inhabitant resettlement; c. Overall understand and grasp the resettlement progress, coordinate the relations between the resettlement oganizations at all levels, detect and solve the problems in a timely manner;
d. Organize the involved units to assist to the World Bank missions in project inspection;
e. Organize the RAP preparation and examination of the resettlement-related reports to be submitted to the World Bank.
B. Project Command Office of Guangtie Group managing Zhe-Gan Railway
The Command offices has the overall responsibility for handling the issues relating the resettlement work along the whole length of the railway poject, the main responsibility includes participation in and coordinate the RAP preparation which is jointly prepared by the local resettlement organizations and the resettlement monitoring and evaluation unit, signing the contracts of land requisition and house relocation with the local state land administration departments and county (city, district) governments, preparation of the resettlement implementation plan, making sure the resettlement fund and transferring the payment, supervising the resettlement implementation, and coordinating in handing the problems encountered in resettlement implementation, submitting the internal monitoring reports and other relevant documents to the ministry and the World Bank, and coordinating and assiting in external monitoring activities.
C. Key Project Construction Leading Group of Hunan province
The leading group will be headed by the leader in charge of the provincial government and staffed by provincial planning committee, state land administration bureau, pplanning office and other provincial government departments. The main resposibility of the group is to carry out the state policies in construction of railways,
104 make decisions on application of the major resettlement policies, timely coordinate and solve the problems encountered, so as to guarantee the successful completion of the state key railway project.
D. Key Project Construction Leading Group Office of Hunan province
The leading group office of the province is the executiion institutions of the Key Project Construction Leading Group. The main responsibility includes organizing and coordinating the RAP preparation, reseaching and formulating the specific resettlement policies, guiding and supervising the resettlement implementation, organizing the public consultation activities, publicizing the the resettlement policies, coordinating the relations between the project owner and local governments, handling the problems encouontered in resettlement implementation, and coordinating and organizing the resettlement organizations with the province to assist in external monitoring activities.
E. State Land Resource Bureau of Hunan Province
Hunan Provincial State Land Administration Bureau is handling land requisition affairs for key project construction. The main responsibility is to coordinate with the project owner to determine the land requisition compensation criteria and sign the compensation contract, sign the compensation agreements with the County (City, District) Project Construction Leading Group Office (Command Office) and transfer the payment of land compensation, supervise the use of land compensation, and assist to the project owner in going through the land requisition formalities.
F. County (City, District) Project Construction Leading Group
The group will be headed by the leader in charge of the county (city, district) governments and formed by the staff from development and planning bureau, state land administration bureau, construction bureau, agricultrual administration bureau, forestry bureau, labor administration bureau, public security bureau and affected township (town, street committee). The main responsibility is to enhance the leadship of the implementation of key project, formulating the specific policies for land requisition and house relocation, coordinate the relations between the organizations engaged in project construction and resettlemen, handle the problems encountered in
105 project construction and resettlemen, so as to ensure the smooth implementation of the land requisition, house relocation and inhabitant resettlement.
G. County and City Resettlement Office (project coordination office)
County Resettlement Office (CRO) is composed of specially assigned cadres from department of the county who are in charge of resettlement. CRO will conduct the work in coordination with the County Land Management Bureau. Its main responsibilities are:
(1) Entrust the design institution to define the project impact scope and assist it to make survey, statistics on social economy and keep the data;
(2) Assist in preparing Resettlement Action Plan (RAP) and supervise the resettlement implementation;
(3) Assume responsibly for training staff involved in resettlement work in the town, villages, and supervise the resettlement conducted by the town and villages;
(4) Organize public consultation and make publicity of the resettlement policy;
(5) Coordinate the work in handling questions and problems encountered during implementation;
(6) Assume responsibility for management of resettlement funds and supervision of funds allocation and use;
(7) Carry out internal monitoring and prepare report;
(8) Assist external monitoring activities;
H. Town(ship) Resettlement Work Group
It is led by the relevant responsible leaders in the affected townships, and composed of the staff from township governments, land management office and police station as well as relevant village cadres. The main responsibilities include:
(1) Participate in the project investigation and assist in preparation of the RAP;
(2) Organize public consultation and popularize the resettlement policies;
(3) Execute, inspect, monitor and record the resettlement activities within the township;
(4) Arrange approval procedures for new housing plots and construction; 106 (5) Be responsible for payment and management of compensation funds;
(6) Sign housing removal agreements with resettlers, supervise the land requisition, removal and construction of houses and auxiliaries;
(7) Report to county land administration bureau and resettlement office the progress of land requisition, housing removal and resettlement; (8) Solve problems during RAP implementation.
1. Village Committee and Villager Group
The resettlement work group of village committee and villager groups is composed of the main cadres of the village and villager group. The main responsibilities include:
(1) Participate in investigation on social economy and project impact;
(2) Organize public consultation and popularize the resettlement policies;
(3) Select resettlement sites and provide house plots for the resettlers;
(4) Carry out land readjustment and organize activities for economic rehabilitation;
(5) Be responsible for funds management,allocation and use;
(6) Report to the higher authorities about comments and proposals from the resettlers;
(7) Handle grievances, measures for redress and follow-up;
(8) Report the resettlement implementation progress; (9) Help vulnerable households in resettlement.
J. Projecet Design Institute
The design unit of this project is No. 2 Railway Design Institute, the main responsibility of which is: a. Carry out the project design; b. Define the scope of land requisition and house relocation; and c. Carry out the project afected inventories, survey of project impacts to social and economic conditions and analysis on the project impacts.
K. External Independent Monitoring Institution
107 The extenal independent monitoring and evaluatin unit of this project is Importing and exploiting Researching Office of Xinan Jiaotong University, the main responsibilities of which includes:
a. Acting as independent monitoring and evaluation unit, mainly observe each and all aspects of the RAP and of the resettlement implementation, and submit resettlement monitoring and evaluation reports to the World Bank through the project owner. The responsibility are detailed in the section herein after, titled External Resettlement Monitoring and Evaluation. b. Assist the project owner to prepare the RAP. c. Provide technical consulting service in data collection and processing.
8.1.3 Staffing
In order to ensure the smooth implementation of the project construction and resettlement work, Ministry of Railway, Guangtie Group, design unit, and external monitoring and evaluation unit has pool all necessary resources and successively established and staffed resettlement organizations. Number of staff and key members of the resettlement organizations for the project are listed in the RAP for respective provinces. The resettlement organizatins at all levels of province, county (city, district) are staffed with technical and administrative persons who possess required professional and managerial abilities and has experience in handling local land requisition, house relocation and inhabitant displacement.
108 8.1.4 Organization chart
Hunan provincial prjc cosruto Resettlement leading coordination group grontup to of Ministry of leading group ~~~Railway
Hunan provincial Hunan stat Project construction project land resourc command of construction bureau Guangtie Group leading group office
County ( city, County ( cityX Design External district) leading district) leading unit independent group group officu assessment unit
l ~~Township (town,l street, farm, development zone ) resettlement working group
village ( neighborhood committee) I [Villagers team
\illager
8.2 Working Relations between Organizations In the course of land requisition and resettlement, the resettlement organizations at different levels will sign agreements to define their undertakings and responsibilities. The process of signing agreements is as follows:
(1) Guangtie Group will sign"Contract of Land Requisition and Resettlement for Zhe-Gan Railway Project" with Hunan National Land Resources Bureau;
109 (2) Guangtie Group will sign"Agreement of compensation for house relocation" with county(city, district) project construction leading group off ice(comand);
(3) County(city, district) project construction leading group office(comand)will sign"Agreement of compensation for house relocation" with the resettlement working group of township(town, street, farm, development zone);
(4) The resettlement working group of township(town, street, farm, development zone) will sign "Agreement of compensation for house relocation" with resettlement household;;
(5) Guangtie Group will sign "Contract of Independent Resettlement Monitoring and Evaluation for Zhe-Gan Railway Project" with Importing and exploiting Researching Office of Xinan Jiaotong University.
8.3 Measures for Enhancing Capacity of Organizations
(1) Optimize the staff structure. The resettlement units at all levels will be manned with administrative and professional personnel who are qualified with professional skills and managerial ability.
(2) Organize the key personnel of the units at all levels to participate in training at the Workshop on Resettlement of Projects, so that they have a better understanding of the national resettlement policies and relative requirements of the ADB.
(3) Provide sufficient funds and facilities for relevant organizations.
(4) Establish a database and ensure the information flow from and to the units at all levels.
(5) Strengthen reporting and internal monitoring system, to solve problems quickly.
(6) Develop the mechanism of external monitoring and evaluation, and set up a predicting and alarm system to be utilized by the PRO.
110 9 Participation and Grievance Procedure
9.1 Public Participation In the process of formulating resettlement policy, developing the RAP and implementing RAP, the relevant authorities have paid and will pay special attention to the participation and consultation of the PAPs, and solicit opinions widely from them. During feasibility study, the PRO has solicited opinions and proposals several times on resettlement approach, proposed road alignment, selection of pedestrian pathways from the government, people's congress, People's Political Consultative Conference, social bodies, representatives of the mass of prefectures (cities), counties (cities), relevant townships. For preparation of the RAP, the PRO has once again solicited the opinions from local governments at all levels and the representatives of PAPs on the resettlement policy, compensation standards, and rehabilitation measures. With cooperation of local governments at all levels, this RAP is developed. In the implementation stage, the resettlement offices at all levels will further encourage the public participation in the resettlement and rehabilitation.
9.1.1 Participation in Resettlement Preparation
(1) The project construction unit and design unit had consulted extensively with relative department of on the project locations, site alternatives and Railway line route, and Railway Station locations during the alternative selection and inventory survey.
(2) In order to make publicity of the project and collect comments from cadres and public on the project construction and resettlement, the comand held meetings, participated by the residents and cadres from counties (cities), town(ship), villages and villager groups. At the meetings, the necessity of construction of the project and resettlement policies were made known to all involved. Project impacts, land requisition, compensation regulations and resettlement options were discussed at some length.
9.1.2 Participation in RAP Preparation During preparation of this RAP, the local governments and the PAPs had participated in the following work.
A. At the level of county (city, district), township (town, street committee): In Jan. -Mar., 2004, the leaders of the departments at the above mentioned government
111 levels participated in the resettlement work meetings, publicized the resettlement policies, studied and formulated the preliminary resettlement schemes, and resettlement work plan.
B. At the level of village (neighborhood committee) and village group: In Jan. -Mar., 2004, the cardres of villages (neighborhood committees) and villager representatives held consultation meeting discussing the opinions on the project raised by the local villagers and the issues regarding the land requisition and house relocation and resettlement work(See the attachment 1). C. In Jan. -Mar., 2004, the resettlement organizations at all levels, the cardres of villages (neighborhood committees) and village groups participated in the survey for land requisition and resettlement. D. In Jan. -Mar., 2004, an extensive social opinion survey was held to collect the opinions of the resettlement households and relevant villages (neighborhood committees) ono the project construction and project resettlement. The public opinions and opinion survey results are detailed in Table 9-1--9-2.
112 Sheet of Public Opinions Survey and Result
Table 9-1 No. Investigation Content Answer Results (%) In your opioion, the major problem which electric 15 impact the local economic development is power traffic 90 conditions 1 water 60 conservancy natural 15 resources 20 others 0 no idea 2 Do you know this Project will be yes 100 constructed here? no 0 yes 95 3 Do you think that the Project will gear up no 5 the local economy after its completion? no idea 0
Do you think that construction of the yes 100 Project is necessary? no idea 0 Do you think that the influence on local favorable 70 5 society and residents caused by land unfavorable 0 requisition and resettlement for the project both 30 is favorable or unfavorable? no idea 100 Do you think you will support the state yes 100 6 construction? no 0 ______no idea 0 Questions 1. Do you think what impact on economy, biology, environment protection and your family by the construction of this project? Common answer is: It could promote economic development, optimization investment environment. But it can also bring some influences to urban development, planning, resident living condition, etc. 2. Do you think how you should support the construction of this project? Common answer is: Support actively and coordinate the land acquisition, relocation and corresponding works. 3. Give your comment and suggestion on the land acquisition and relocation. Common answer is: 1) held meeting of affected household and try to be fair, open and equity; 2) pay compensation with the standard published by the state, make practical and feasible resettlement policy and preferential policy, responsible for the work of reconstruction of affected households.
113 Sheet of Resettlers' Opinions Survey and Result Table 9-2 No. Investigation Content Answer Results (%) (1) yes 100 Bi Do you know this Project will be (2) a little 0 constructed? ( (3) no 0 Are you in favorable to have the Project (1) yes 90 B2 construction? (2) no (3) so, so 10 Who will be interested by the Project (1) state 100 B3 construction? choice) (available for multiple (2) collective 90 (3) individual 90 Do you know the compensation policies of (1) yes 84 B4 land requisition and resettlement for the Project? (2)no 16 Are you willing to have the land (1) yes 100 B5 requisition, relocation and resettlement? (2) no o
(1) works in 6 enterprise If you lost land, which way will be your (2) continued to 6 B6 first choice? plant
(3) work outside 63 (4) other 15 If your legal right is interfered, do you (1) yes 100 B7 know you can lodge an appeal? (2) no 0
(1) self-demolish 80 B8 Which house rebuilt ways do you chose? and re-build (2) build by 20 collective Information to be The specific stipulations of compensation policy for land needed: acquisition and resettlement.
Most interesting Labor force arrangement after losing land, price for land aspect: acquisition and relocation, impact on road, water conveyance asPect: system, power and communication system
114 E. Later on, the resettlement leading group and the resettlement offices at all levels will make publicity of the resettlement policies and encourage the public participation by the following ways.
-- Declaring Publicly Inventory Index Declaring publicly the inventory index of each affected household before the payment of compensation in order to be under the supervision of resettlers. -- Declaring Publicly Compensation Policies Declaring publicly the compensation policies for each effected item of household before the compensation paid in order to be under the supervision of resettlers. -- Establishment of Resettlement Information Booklet
The project resettlement office prepared resettlement information booklets to ensure the local government and people in the affected areas to know the details of the resettlement plan, and the booklet will be handed out to each of resettlement households within the project site before project resettlement office obtains the compensation. The information booklet covers main contents of resettlement plan, compensation criteria and resettlement policy, the right of resettlers, respondent and the appeal ways.
-- Holding Meeting
Public meeting will be held to explain relative policies, laws and rules and compensation criteria in detail so that the PAPs can know these early before the implementation of the land acquisition and resettlement Issue relevant land acquisition and relocation announcement through local newspaper or broadcasting television before enforcement of resettlement; Put up bulletin to propagate resettlement policy, compensation standard and complaint channel in the scope of towns and villages affected using easy language that resettlers accept most according to local resident national composition condition; The resettlement action plan report is put in local library or the project coordination office to facilitate the resettlers to read.
9.1.3 Participation during Resettlement Implementation
All resettlers will be encouraged to participate in the whole process of implementation of the RAP.
115 A. Participation in House Reconstruction
(1) Housing Compensation Criteria
The compensation criteria for housing will directly affect the interests of the resettlers. Before the houses are relocated, the relevant resettlement authority will consult and sign an agreement with the resettlers on the compensation criteria for the houses. The consultation results will be declared publicly before the agreements are signed, so as to put the resettlement under public supervision.
(2) Resettlement Host Sites and House Reconstruction
At the RAP preparation stage, the relevant authority carried out survey on the resettlement host sites and the way of house reconstruction. According to the survey, most of the affected households are willing to have their houses relocated in their own groups and to rebuild houses by themselves. The local governments at all levels will provide assistance at different stages for house relocation.
(3) Disposal of Old Houses
All the old houses to be demolished will be compensated at replacement cost without depreciation. Within a specified time period, resettlers can, on their will, demolish their old houses first and then rebuild the new houses or vice-versa. The salvageable material from the old houses can be used by resettlers themselves without deduction from compensation.
B. Participation in Production Rehabilitation
All affected individuals in the affected village groups (including those indirectly affected) will participate in the land re-adjustment and redistribution process.
C. Participation in Using Land Compensation
According to the ownership in affected area, the land compensation will be paid to the villager group and shall not be carved up or used for other purpose. The compensation will be used in a planned way and for specific items planned. The use of the money will be approved by the villager congress and under the supervision/ (with the participation) of the villager representatives.
D. Participation in Project Construction
116 The project construction will cause certain impacts on the local community. In order to ensure the PAPs benefit from the project construction, the local people will be encouraged to take part in the construction, and favorable conditions will be created to use local materials and local labor force.
9.2 Grievance and Appeal
The public participation is always encouraged in the process of compiling and implementing of the RP. There will be some unforeseeable problems occurring in the process. In order to solve problems effectively and ensure the project construction and land requisition is carried out successfully, a transparent and effective grievance and appeal channel has been set up. The basic procedures for grievance include the following steps.
Step 1:
If any resettler is aggrieved by any aspect of the resettlement, he/she can state their grievance and appeal to the village committee or the township (town) resettlement office in oral or in written form. If an oral appeal is made, the village will record it on paper and process it. Village committee or township (town) resettlement office will make decision on or resolve it in two weeks. Step 2:
If the aggrieved resettler is not satisfied with the decision in Step 1, he/she can appeal to the county (city) resettlement office or the Leading Group after receiving the decision; the county (city) resettlement office will reach a decision in two weeks. Step 3:
If the aggrieved resettier is still not satisfied with the decision of Step 2, he/she will appeal to the Provincial Key Project Leading Group office after receiving the decision, the Provincial Key Project Leading Group office will reach a decision in two weeks.
Step 4:
If the PAP is still dissatisfied with the decision of Step 3, he/she will appeal to the civil division of a people's court according to the civil procedural law after receiving the decision.
117 The resettlers can appeal on any aspect of resettlement, including compensation criteria and price.
The resettlers be apprised of their rights for lodging appeals during participation in the public meetings and by receiving resettlement information booklet. At the same time, the grievance and appeal process will be publicized among the PAPs through media. The relevant authorities will sort out the opinions and proposals of the PAPs and the resettlement offices at all levels will process the information in a timely and effective manner.
The organizations will accept the grievance and appeals of the PAPs free of charge, and the reasonable expenses incurred there from will be paid by the PRO from the Project's contingency fund.
118 10 Monitoring & Evaluation In order to guarantee that the RAP can be smoothly implemented and the resettlement target suitably realized, the follow-on fact finding and monitoring will be carried out throughout the whole process. Monitoring on the resettlement will be divided into two parts, i.e., internal monitoring (by the resettlement offices) and the external independent monitoring.
10.1 Internal Monitoring 10.1.1 Target and Task
The target of internal monitoring is to maintain supervision responsibility of the resettlement organs as specified in the RAP during implementation, and ensure that the project can be constructed smoothly and the resettlers' legal rights will not be impaired. The auditing department of the provincial government will independently exercise the auditing monitoring function over concerning units under its jurisdiction in accordance with the laws and regulations. The superior units assume the responsibilities for monitoring their subordinates so that the RAP principle and schedule can be followed.
10.1.2 Institution and Staff
The internal monitoring for land acquisition and resettlement will be held by the project construction comand of Guangtie Group, and be performed by local county Resettlement Offices, townships and villages. To make the internal monitoring effective, full-time professionals will be assigned within all the resettlement offices at all levels. All of them have participated in the compilation and implementation of the RAP, and they will carry out the internal monitoring control in the processes of the work. The responsible institutes and persons for internal monitoring and data processing are shown in respective RAPs.
10.1.3 Monitoring Contents (1) Allocation and utilization of the resettlement compensation (2) Selection and allocation of new house plots (3) Rebuilding of private houses (4) Support to vulnerable groups
(5) Employment of the PAPs
(6) Quality and quantity of new developed land
119 (7) Adjustment and distribution of the land (8) Distribution of the land subsidy fees (9) Relocation of private shops (If any affected) (10)Restoration of special facilities (11)Scheduling of the work above mentioned
(1 Implementation of the policies in RP
(13)Public participation and consultation during implementation (14) Staffing, training, work schedule and working effectiveness of resettlement offices at all levels
10.1.4 Monitoring Procedures
(1) The project construction comand of Guangtie Group will develop an internal monitoring framework to supervise the resettlement activities, and has established a database for the land requisition, housing relocation and resettlement, and will monitor the whole process of the resettlement.
(2) During the implementation stage, the resettlement offices at all levels will establish relevant sections of the database and update them along with the resettlement progress for planning the resettlement work in their own regions. They will also timely transfer the on-going activity records and report the resettlement implementation progress to the resettlement office at above level so that a continuous monitoring can be realized.
(3) In the above internal monitoring system, a set of formats of information lists has been drawn up so as to realize the continuous message flows from the village to the project resettlement office. The county(city) resettlement offices and town(ship) resettlement groups are important chains in the internal monitoring system.
10.2 External Independent Monitoring and Evaluation 10.2.1 Target and Tasks
The external monitoring and evaluation (M&E) undertaken by an institution independent to the resettlement execution institutions is to monitor and evaluate whether the target of the land requisition, resettlement and relocation activities are realized. Through the process, evaluation opinions and proposals will be put forward
120 on the resettlement, housing relocation and restoration of the resettler's living standards, and to provide prediction and alarm system to the project management, and reflecting channel to the resettlers. The external monitoring institution will report independently to the Project Leading Group for Resettlement and the Project Resettlement Office. It will conduct follow-up investigation, monitoring and evaluation of the resettlement activities according to the RP and provide advice for decision-making and mitigation measures. 10.2.2 Institution and Staff
Recently, the Foreign Fund Center of Minitry of Railway entrusted Importing and exploiting Researching Office of Xinan Jiaotong University to carry out the external M&E works. The Importing and exploiting Researching Office of Xinan Jiaotong University will provide technical assistance to the PRO and conduct survey of resettlement and living standards of the PAPs as well as all basic monitoring work, and it will prepare annual and semi-annual report for submission to PRO and WB.
Xinan Jiaotong University is a key university known domestic and abroad, the Importing and Exploiting Office of the university is a special organ for resettlement, which covers experts and technical personnel of sociology, demography, administration, economics, evaluation, information handling, system analysis, etc. The organ has rich resettlement working experience including experience for the World Bank resettlement work. The organ once participated in the resettlement M&E, resettlement layout and supporting in the later stage of following the projects (including the World Bank's loan items): A. The World Bank's loan item, Chinese railway No.6 Construction Projects, resettlement M&E work; B. The World Bank's loan item, Yunnan Province Environment Protection Project, resettlement M&E work; C. The World Bank's loan item, Sichuan Province Electricity Transmission Project, guiding RAP compilation; D. The World Bank's loan item, No.2 Line of Baolan Project, resettlement M&E work; E. The World Bank's loan item, Sichuan Province Environment Protection Project, resettlement M&E work; F. The World Bank's loan item, Chongqing Environment Protection Project, resettlement M&E work;
10.2.3 Main Indicators to be Monitored and Evaluated
A. Main Indicators for Monitoring
121 (1) Progress: including preparation, implementation of land requisition, housing relocation and resettlement.
(2) Quality: including civil construction quality and degree of resettlers' satisfaction.
(3) Investment: including allocation and use of the funds.
B. Main Indicators for Evaluation
1. Resettlement
(1) Economic conditions: household economic development before and after resettlement, including assets, production materials, subsistence materials, income, etc.
(2) Environmental conditions: living environment before and after resettlement, including traffic, culture and education, sanitation, commercial service facilities, etc.
(3) Employment: change in employment, including employment rate, assistance to the different PAPs, especially the vulnerable PAPs, such as impoverished families and minority families, etc.
(4) Development in community: local economy in resettlement host sites, environmental development, neighborhood relation, and public opinions after resettlement.
2. Infrastructure Transformation state after and before the implementation 3. Enterprise and private shopkeeper Transformation state after and before the resettlement
10.2.4 Monitoring and Evaluation Measures
Monitoring and evaluation will be performed on the basis of the survey data provided by the survey design institution and resettlement implementation institutions. With an overall understanding of the situation, the evaluation will be performed by sample survey, key informant interviews and rapid rural appraisal techniques. Typical samples, including resettled households, affected villages and Townships will be selected to establish evaluation index system for different types of PAPs. Experienced experts will be invited to decide in a back-to-back way the weights for different
122 indexes. Referring to the updated research output on living quality both in China and abroad, the indexes will be non-dimensionally treated, and the survey results will be analyzed and the computation results evaluated and compared. In addition to typical samples, there will also be focused investigation of vulnerable groups.
Generally, the external monitoring and evaluation institution will carry out the following work.
A. Survey of resettlers' living standards
A base-line survey will be conducted for this project, including the collection of selected samples of the base-line living standards of the resettlers. (The preliminary samples will be randomly collected). The living standard will be investigated once or twice a year to monitor the variation in the resettlers' living standards. The necessary data can be obtained by periodical survey, random interview and site visit, based on which statistical analysis and evaluation are performed. There will also be targeted survey of vulnerable groups.
The survey comprises various indicators of living standards. some of the indicators will be used for weighing the dynamic variation of living standards before and after the land requisition and resettlement. The selected indicators will be checked to see whether they are reasonable in reflecting the actual production and living levels in the base-line survey and are subject to modification according to the actual conditions, so as to guarantee the message obtained reflects the quality and quantity of the real situation.
Sampling scale: resettlers: 5%, sample villages by land requisition: 10%, enterprises or self-employees: 20%.
B. Holding Public Consultation
The independent monitoring and evaluation institution will participate in the public consultation conferences held by the villages and townships. By this method, the institution can evaluate the effectiveness the public participation and the cooperative attitude of the resettlers towards the RP implementation. Such activities will be conducted during and after the resettlement implementation.
C. Gathering Resettlers' opinions
123 The independent monitoring and evaluation institution will often interview the township resettlement offices and village groups to know the opinions collected from the resettlers and interview the resettlers who have grievances. The institution will report the opinions and suggestions from affected individuals and collectives to the Project Resettlement Office, and provide advice for improvement, so that the resettlement implementation can be more smooth and effective. D. Other responsibilities The independent monitoring and evaluation institution will monitor the following activities in the process of implementation:
(1) Selection of resettlement sites,
(2) Construction of houses, (3) Production arrangement and rehabilitation, (4) Support to the vulnerable group, (5) Relocation of private-owned shops, (6) Re-construction of special facilities, (7) Payment and amount of the compensation, (8) Resettlers' transfer, (9) Employment of laborers, (1 0) Training, (11) Schedule of the items above mentioned, (12) Organizational network for the resettlement, (13) Use of compensation of the collective-owned land and resettlers' income, (14) Employment of the surplus laborers and income increase of them.
10.2.5 Working Processes
(1) Preparation of monitoring and evaluating outline, (2) Developing computer softwares for monitoring and evaluating of the resettlement, (3) Drafting the investigation outline, survey forms, and record cards for sample villages and sample households, (4) Design of the sampling survey, (5) Base-line survey, (6) Establishing the information system for monitoring and evaluation
124 (7) Investigation for monitoring -Community socio-economic survey -Resettlement implementation institutions -Sample villages survey -Sample households survey -Sample survey for other affected objects (8) Sorting of monitoring information and establishment of database (9) Comparison analysis
(10) Preparing a monitoring and evaluation report each year or half a year.
125 1 1 Reporting
11.1 Resettlement Action Plan (RAP) Report In Mar. 2004, the report of RAP was submitted to the WB for pre-review through the Foreign Fund Center of Ministry of Railway.
11.2 Internal Monitoring Progress Report
A. Periodicity
After starting of the resettlement implementation, resettlement progress reports will be submitted at least once every three months from the lower resettlement offices to the higher resettlement offices; According to the reports submitted from resettlement offices at all levels, and prior to every Jun. 30 and Dec. 31, the PRO will submit a report quarterly to WB indicating the resettlement progress.
B. Format and Contents
The format of the resettlement progress report by the PRO will be prepared to meet the requirements of the WB. The format of the report usually comprises of two parts: a) the context describing in detail the resettlement progress and payment and use of compensation, the progress, problems and difficulties met in the implementation, and the corresponding resolution and measures; and b) forms and lists mainly showing statistical data of previous six (6) months, which reflect the progress by comparison of the actual and planned land requisition, house removal, reconstruction and use of compensation. Some formats are provided in Tables 11-1 and 11-2.
126 Table 11-1 Progress Report of Land Requisition and Resettlement Department:
Deadline for Reporting Contents: Date Month Year Fill-up Date: Date Month Year Items Unit Planned Completed Accum. Proportion amount total Fund allocation Private houses rebuilding PAPs moved to new housing Old houses demolition Reconstructed publi buildings Electric line reconstruction Communication line recovering Land requisition Land readjustment
Reporter: Signature (Person-in-charge): Official seal:
Table 11-2 Implementation Progress of Resettlement Fund Usage County (City) Townshipo
Data up to: Date Month Year Fill-up Date: Date _ Month Year Affected unit Description Unit/Quantity Investment Compensation required (Y) /Subsidy received (Y) village
Reporter: Signature(person-in-charge): Official seal: Notes: "Description" will be filled with such as construction of irrigation facilities (canal (m), pump station (no.)), domestic animals farming (such as pigs, chickens, ducks ), land improvement (dry land to paddy field (mu)), establishing of enterprises and labor force employment, etc.).
127 11.3 Independent M&E Report
The external independent assessment report will be submitted before July 31 to the WB through the Foreign Fund Center of Ministry of Railway
A. Periodicity
In accordance with the WB's requirement, after commencement of the resettlement, the monitoring and evaluation investigations will be carried out twice a year during implementation period. The survy will be done in April and Oct, and the resport submitted before July 31 and Dec. 31 each year; After completion of land acquisition, the survy will be done onece a year in April and the resport submitted before July 31 each yea.
Based on the progress, the land acquisition and resettlement work was started at the beginning of 2004 and be ended in the middle of 2005, so the work for independent monitoring and evaluation will be conducted for 6 times in five years (1 in 2004, 2 in 2004, 1 in 2005, 1 in 2006 and 1 in 2007). By the end of 2004, the M&E outline will be submitted. Selection of the samples and collection of base-line data for the samples will also be completed by the end of 2004, and the information systems for the M&E will be established at the same time.
B. Contents
(1) Resettlement base-line survey
(2) Land requisition, housing relocation and resettlement schedule (3) Production restoration and rehabilitation (4) Housing demolition, relocation and reconstruction (5) Resettlers' living standards
(6) Availability and utilization of the resettlement funds
(7) Evaluation of operation and efficiency of the resettlement implementation institutions
(8) Support to vulnerable group (8) Problems and recommendations
128 Attachment l: Record of visit meeting Visit meeting:
Date: Feb. 1 0 th, 2002 a.m. 10: 30 Place: Banshan Township Government of Liling city Township and town cadre and resettler representatives:
Name Sec Age National Name Sec Age National Ding Li Male 35 Chinese Chaojian Male 35 Chinese
Hu Wu Xinian Male 41 Chinese Yongyan Male 31 Chinese g ChenZhn Fangju Male 46 Chinese Ziagng Male 36 Chinese
Wang Male 38 Chinese-Chen Male 42 Chinese
-Zheng 38C i e e Geng ______
The most participants know that this project is a national key-project, expressing that support positively the construction of this project. About the compensation for land acquisition, they expressed that the relevant compensation policy of country should be realized and is better to pay directly the compensation fee to resettlers and try the best to reduce the intermediate link as far as possible to avoid the compensation be trapped and reduced. About the production resettlement, as the peasant they think that hope to ensure to have the land to satisfy basic living demand of family through land adjustment, using partial compensation capital to build water conservancy facility or carry out industrial structural adjustment to raise benefits of agriculture product and byproduct. The most young labor of village is engaged in the 2nd and 3rd industry, or go out for employment and small trade business. Therefore, they are not heavily depended on the land, and they prefer the monetary compensation scheme..
The younger villagers wish to pay the compensation fee to individual, but the director of village wishes to use this money to improve the production condition and popularize scientific technology, making this capital to have hematopoiesis function instead of compensation alone.
129 |~' -
- Th .fJsi
Family visit:
Lu Fuquan male, 41 old, Chinese, Senior middle school Place: Luotoushan village, Babuqiao township, Liling city
Date: Feb. 1 2 th 2004 p.m
4 members, 1 son, 1 daughter and couple, son and daughter unmarried who do odd job in Guangdong Province, having about 2mu farmland including paddy field 1.5mu and dry land 0.5mu. The main economic income of family is from income of doing odd job by son and daughter and the householder has a repair shop of pot. Two crops of rice per year on 1.5mu paddy field with 500kg/mu last year, plant vegetable completely in dry land, total annual income of family about 17000 - 18000 Yuan, the production cost accounting for 15 - 20%, the agricultural tax of the village is 72 Yuan/mu, daily expense is cigarette, liquor and telecommunications cost which is relatively larger, and annual income in last few years is somewhat surplus. About 4/1 Omu paddy field will be affected by the railway. From the view of whole village, the influence of his family is relatively larger but no big influence to the production and living. It is need to see what scheme taken by the village. If the compensation measure is fair and reasonable, it can be supported and realized. Crucial point is: the compensation fee shall be implemented and the account opened.
130