RP-0003
The People's Republic of China Anhui Provincial Highway Project Public Disclosure Authorized Hefei-Anqing Expressway Public Disclosure Authorized
Resettlement Action Plan (Revised) Public Disclosure Authorized
Anhui Provincial Communications Department
Public Disclosure Authorized World Bank Loans Project Execution Office May, 1998 Contents
1. Project Introduction ...... 1
1.1 Description of Works ...... 1 1.2 Description of Impacts . - ...... 3
2. Minimizing Land Acquisition and Resettlement ...... 6
2.1 Minimizing the Impact ...... - 6 2.2 No lowing of Living Standard ...... 6 2.3 Process of RAP Preparation ...... - 7
3. Project Impacts and Socio-Economic Investigation ...... 8
3.1 Survey of Project Impacts ...... 8 3.2 Quantities of Impacts ...... 8 3.3 Socio-Economic Survey of the Affected People ...... - 10 3.4 Timing of Resettlement and Construction ...... - 10
4. Compensation and Resettlement Policies ...... 21
4.1 legal Framework ...... 21 4.2 Resettlement Principles ...... 23 4.3 Compensation Standard ...... ------25
5. Organizations / Institutions for Resettlement and Rehabilitation 33
5.1 Implementation Organizations and their Responsibility ...... 33 5.2 Coordination Organizations . ----.. ------..------.------36 5.3 Internal Monitoring ...... 36
6. Costs and Budgets ...... 38
l 38 6.1 Annual Plan of LA&R Cost ...... 6.2 Contingency Allowance and Inflation Allowance ...... 38 6.3 Management Cost for LA&R ...... 38 6.4 Flow of Funds ...... 38 6.5 Approval of Non-budgeted Requirement of Funds .*-- 40
7. Implementation Procedure and Schedule Arrangement ...... 41
7.1 Implementation Procedures ...... 41 7.2 Arrangement of Completion Time for LA&R .44
8. Participation and Consultation .-..------45
8.1 Information Dissemination .*------45 8.2 Participation and Consultation ...... ---47
9. Problem Solving and Grievance Redressing .49
9.1 Organs of Appeal .*--..-- ..--..--..--..--..--..- 49 9.2 Contents of Grievances Appeal .*------50 9.3 Procedures of Grievance Redress / Appeal .50
10. Monitoring and Evaluation ...... 52
10.1 Internal Monitoring ...... ---. 52 10.2 External Monitoring .*------.------57
Annex I General Outline of RAP Monitoring ...... - 58
Annex II Proposals of RAP Monitoring ...... 61
Annex III Internal Monitoring Tables ...... - 65
2 Resettlement Action Plan
1. Project Introduction
1.1 Descriptionof Works
Hefei-GaohebuExpressway is the joint part shared by two state's proposed major nationalhighways - Shanghaito Chengduand Beijingto Fuzhou within the boundaries of Anhui Province; it is also a main road from north to south in Anhui Province and serves as an importantsection in the trunk road networkof the state. The area where the project is located is rich in resources. Technology, agriculture and tourism occupy an important place in the province. The OD survey made on May 22,1996 shows that the volume of traffic on the existing G206 highway is 8230 vehicles per day and it is anticipated that the volume would reach 29616 vehicles per day in 2021. Having been renovated for several times, the existing highway is still very low in technical standard . Only some sectionsof the highwayreach the standard of the first grade road, whereas the rest of it remainsthe standard of the second grade road. The existing highwaycan not meetthe needs of transport and economicdevelopment at all. Thus it is imperativeto build Hefei -Gaohebuhigh-grade highway.
The highway is located in Jianghuai Hills, neighboring Jianghuai Watershedin the south.To the southeast of the highway is rolling hills, to the northwest the river valley plain and the wave-like plain. The continental monsoonclimate of this area is mild with moderate rainfall, long frost-freeperiod and short severe cold period.
The highway starts from the southern section of round-the-city highway of Hefei City at Xiaoxichong Village, then goes southwest by west and ends on the north of Gaohebu, where it intersects with Gaohebu- Jiezidun Section of Shanghai-Chengdu highway, via Yandun and Yandian of Feixi County, Hangbu of Shucheng County, Changgangtou and Mayan of Lujiang County, the eastern suburbs Xing'an of Tongcheng County, and Jinggong of Huaining County. With a total length of 125.88 km, Hefei- Gaohebu Highway is a four-lane entrance / exit controlled expressway with subgrade width of 28.0m; average right-of-way width of 54.18 m; asphalt concrete pavement; design load: auto-over 20 and trailer-120; design speed: 120 km/h; design flood frequency: super large bridge 1/300, large, medium, small bridges, tunnel and road bed 1/100. Beside, average height of earth filling along the alignment will be 3.91 m, earth and stone work quantities 16,656,271 m3 , pavement work quantities 2,837,155 m3 , 54 large and medium bridges 5929 m and 7 interchanges with total estimated cost of 3391.395084 million RMB yuan. Starting from Gezidun, the destination of Hefei-Gaohebu Expressway section of Shanghai- Chengdu National Trunk Highway and ending at Dalongshan to meet with National Road No.206, Anqing linking road totals 25.8 km long with subgrade width of 24.5m and average right-of-way width of 44.89 m. This section is to adopt the standard of hilly plain class I Auto-only highway with cement concrete pavement, four lanes, designed load for bridge of auto-over 20 and trailer-120, driving speed of 100 km/h, designed flood frequency of 1/300 for superlarge bridge and 1/100 for large, medium and small bridges, for culverts and pavement, 1 superlarge bridge of 964 m long, 1 medium bridge of 35 m long and 2 small bridges of 36 m long. Estimated amount for this section will reach 496.843636 million RMB yuan.
2 Two sections of the high-grade highway from Hefei to Gaohebu and from Gaohebu to Anqing has a total length of 152 km and total investment of 3888.238710 million RMB yuan, including 26.63 million USD or 221million RMB yuan. See Fig.1 for the Geographical Locations of the highway. The project is proposed to commence in March, 1999 and complete in September, 2002 with construction period of 42 months.
1.2 Description of Impacts 1.2.1 Hefei-Gaohebu Expressway will involve 4 prefectures / cities which are Hefei City, Lu'an Prefecture Chaohu Prefecture and Anqing City and 6 counties and 33 townships. See Fig.2 for Sketch Map of Project Influenced Areas. Population of affected area is 20.748 million, most of which are Han nationality. Social and economic development status of each affected prefecture and city in 1996 is sketched as follows:
Social and Economic Development Status of Project Affected Areas in 1996 Land Children Gross Output Net income City / Cultivated Rural average enrollment Illiterac value of Industry average per County Population land population per rural rate y rate and Agriculture rural people people (lOOmillion Y) (Y) Heifei 4164742 4004565 2915078 1.37 97.60% 2.23% 305.0 1671.59 C ity I______I__ _ _ Lu'an 6446159 6588120 5879602 1.12 97.29% 2.87% 274.6 1447.67 C ity ______Chaohu 4380983 4310625 3830346 1.13 99.20% 1.34% 235.2 1690.14 Anqing 5915201 4069080 5042166 0.81 97.72% 5.95% 273.7 1481.23
Subtotal 20917151 18972990 17667192 1131.5
Note: Gross Output Value of Industry and Agriculture is calculated at current price of 1996. 1.2.2 In the RAP, affected land, houses, enterprises and infrastructures are surveyed by following types. a. There are following types of permanent and temporary land acquisition:
3 GCo(uraphical Location of Hefei - Anqing Expresswsay
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-...... '|.: Vegetable land, irrigated land, non-irrigated land, slope land, house foundation and waste land.
b. There are following types of houses to be demolished:
Brick & concrete, brick & tile and simple-built house.
c. There are following types of infrastructures:
Standing tree, young tree, tree with fruits, tree without fruits, concrete pole of electric power, concrete telecommunication pole, wood telecommunication pole, big and small water well, brick and earth enclosing wall and grave.
d. There are following type of affected enterprises: state, township, village and private.
1.2.3 Description of Resettlement
a. People affected by loss of land will get land redistributed by local government and the village jointly. The labor who can not get redistributed land will be rehabilitated by providing non-agricultural jobs. Their residence registration will also be changed from rural to urban.
b. People affected by loss of houses will be provided land for new houses from the local government. They will build new houses by themselves. The cost of constructing alternative house of the same area and construction materials will be paid by the project.
c. The affected enterprise will choose new sites nearby and be provided land for new enterprise by and with assistance of the local government. The enterprise will build new buildings by themselves. The replacement cost of these building will be paid by the project. Compensation will also be paid for: (i) transfer cost; (ii) salary compensation for workers, and (iii)
4 production losses due to work stoppage.
d. The affected infrastructure will be rebuilt by the department concerned with assistance of local government at project expenses or. compensated at replacement cost ( for private infrastructure ). Fruit trees and young trees will be transplanted in proper season ahead of time.
! s~~~~~~~~~~~~~~~~~~~~ 2. Minimizing Land Acquisition and Resettlement
2.1 Minimizing the Impact
When the project was surveyed by Anhui Highway Survey & Design Institute (AHSDI), principle has been taken into consideration that the design should be done according to highway design standard, combining local topography conditions, keeping away from villages, towns and important relics and minimizing land acquisition. The preliminary feasibility studies is further carried out by taking into consideration of both the review of all the departments of the government and the World Bank's requirements on the feasibility studies. The survey is concentrating on the layout of farming and forestry in the affected area, the condition and the development program of the towns and cities along the highway and the important facilities along the highway. This optimal alternative was finalized after a great deal of research work, comparison of several alternatives and consideration of all the factors which would affect the selection of the route. Land acquisition and resettlement quantities are further minimized through design adjustment and engineering measures. Many underpasses which can meet the actual requirements in height and width ( specially for the harvest season ) are provided to ensure roads for life and production of local people unobstructed. But anyhow it is unavoidable for the project to acquire some land, houses and infrastructures. People and enterprises will be more or less affected in life and production. The affected people and enterprises will get adequate economic compensations at replacement rates and proper resettlement will be carried out through implementation of this RAP.
2.2 No lowing of Living Standard
6 Resettlement is a very sensitive and complicated issue. It affects directly people's life ,social stability and environment. Governments at all levels in Anhui attach great importance to it. When preparing polices and compensation rates of this RAP, it has already been fully considered that the living standard of all categories of affected persons should be at beast restored, if not improved after resettlement.
2.3 Process of RAP Preparation
This RAP is prepared by PEO of APCD with the participation of Anhui High Grade Highway Administration Bureau (AHHAB), APHSDI and the local government. The RAP draft was finished in Nov, 1997 and will be sent to the World Bank for review in Dec, 1997. The RAP draft will be revised according to the suggestions and comments of the World Bank. The RAP will be revised annually, if there are any changes in the details of project impacts or compensation policies / rates.
7 3. Project Impacts And Socio-Economic Investigation
3.1 Survey of Project Impacts
The detailed survey of project impact was carried on by a survey group formed by APHSDI in Aug, 1997. The group visited the affected townships, villages with the local govemment.
The survey covers the total number of affected households, land houses and other assets of every affected worker and public infrastructures, etc.
The condition of affected persons, households and collectives were investigated and tables of People Affected were drafted to register the number of affected households, land and enterprises. None was left out.
To ensure the precision of the statistics, all the statistics was sent to the local government for confirmation after the investigation was made.
The actual number of affected persons, households, land, houses, infrastructures and the extent were calculated out by analyzing and clarifying the statistics.
The above mentioned survey was carried out based on the construction drawing designs of the high-grade highways. The final engineering designs are currently being finalized and a final census survey, to be carried out just before implementation, will be based on these final engineering designs. The impact of very minor changes in alignment, if at all any, will be incorporate into the annually revised RAPs.
3.2 Quantities of Impacts
3.2.1 Houses
In this project, living houses of 70824 m2 will be removed. 1116
8 households totaling 4003 persons will be affected, among which 768 households totaling 2758 persons will be relocated. For the details, see tables of Impacts Details (I) and Statistics of People Affected.
3.2.2 Enterprises
The project will affect 27 enterprise (1 state, 13 township, 7 village and
6 private enterprises )with demolished area of 17252 M2 . 18 enterprises need to relocated and 434 workers will be affected. For the details, see tables of Impact Details and Statistics of People Affected.
3.2.3 Land
The project will acquire land of 16466 mu. 2530 households totaling 9632 persons will be affected by loss of land. According to per capita land holding of each village, the 9032 persons will be all redistributed land and none of them will need to be provided new jobs. For the details, see tables of Land Acquisition and Statistics of People Affected.
3.2.4 Other Assets
The project will affect 523 electric power poles, 205 concrete and 3 wood telecommunication poles, 30 big and 469 small water wells, 73150 young trees, 50451 standing trees, 653 trees without fruits and 1446 trees with fruits, 5106 m2 brick enclosing walls, 434 m2 earth enclosing walls and 3082 graves. For the details see table of Impact Details (II).
3.2.5 Temporary Land Borrow
The project will acquire temporary land of 865 mu during construction period. The period for temporary land borrow is three years and a half. After construction, the land will be restored to its original condition at project expense. For the details, see the table of Temporary Land Borrow.
9 3.2.6 The project will affect altogether 14079 persons ( house: 4003 persons, land: 9032 persons, and enterprise: 434 persons ), 3046 households(house:l 116 ,land:2530 ),27enterprises( state: 1, township: 13, village: 7 and private 6 ). See table of Statistics of People Affected for the details.
3.3 Socio-Economic Survey of the Affected People
To safeguard the affected people's interests and ensure that their living standard will not be lowered after resettlement, activities of consultation will be performed during the whole process of implementation. Local government at various levels, social organizations and nationality affairs institution representing the public' s interests are to be invited to participate in the activities of LA&R. Various forms such as election of representatives, on-site consultation, forum, conversation, inquiry and so on will be taken to ensure that affected people could be involved in resettlement activities. A detailed socio-economic baseline survey of all the affected persons will be completed by Communications College Subsidiary to Anhui University (CCSAU)by Mar. 25, 1998.
3.4 Timing of Resettlement and Construction
The project construction work is proposed to start in March, 1999. The land acquisition and resettlement work will start from May, 1998 and finish in Jan, 1999. Land will then be transferred to the construction unit.
10 Impact Details (I) Hefei-Gaohebu Section of Shanghai-Chengdu Expressway
No. Name of House Affected (m2 ) Fanrland Affected (mu) Houses / Enterprises (No.) Affected County Brick & Brick Simple Total Veget. Irrig. Non-irrig. Slop House Waste Total State Town- Village Private Total Conc. & Tile land land land land found. land T ship I Hefei 260 640 380 1280 1 315 20 20 356 _ 2 Feixi 2810 5680 3520 12010 35 1800 143 142 39 2159 4123/3 4123/3 3 Shucheng 700 2380 600 3680 178 235 404 500 72 758 2147 4 Lujiang 4050 9620 5400 19070 381 2000 375 632 284 602 2274 3217/3 405/1 3622/4 5 Tongcheng 6300 11390 7657 25347 67 2813 715 525 153 1114 5387 5132.1/7 1658.8/4 6788.9/11 6 Huaining 701 1454 322 2477 12 112 42 111 16 113 406 863.2/4 260/2 1123/6
_ 7 _ _ _ _ 9 _
12
______12 =_ _ _ = _ _ = ______13 4 _ _ 15 = = _ 16 _ 17 18 = _ = = = Total 14821 31164 17879 63864 674 7275 1699 1768 687 2626 14729 0 12472 1268 1919 15659
II Impact Details (II) Hefei-Gaohebu Section of Shanghai-Chengdu Expressway
No. Name of Trees Electric Pole Tele. Comm. Pole Water Well Enclosed Wall Graves Remark county Young Mature Without With High Low Wood Conc. Big Small Earth Brick fruits fruits tension tension pole pole . I Hefei 174 64 30 35 3 6 2 5 240 8 2 Feixi 2787 1887 20 70 17 96 3 68 4 90 1000 272 3 Shucheng 1402 191 20 60 9 46 43 1 20 41 11 4 Lujiang 4908 1177 41 305 25 181 _ 73 11 150 1377 325 5 Tongcheng 26642 21218 106 329 19 50 10 6 101 324 1829 528 6 Huaining 4825 4093 24 78 4 10I5 1 15 45 121 267 7 8 9
10 .. .______
1.1 .______=______12 13 14 _
15______16
I-8 Total 40738 28630 241 877 77 389 3 199 25 391 369 4608 1411
12 Land Acquisition Hefei-Gaohebu Section of Shanghai-Chengdu Expressway Namecof Total farmland No. of persons Percapita land Rightof No. of persons Percapita land No. of personsacquiring No. of surpluslabor non- No. county before engagedin holding before way cultivatingthis holding after land through transferredto acquisition agriculture acquisition area acquisition redistribution agricultureemployment I Hefei 156705 260031 0.603 356 274 0.601 274 2 Feixi 1055625 863259 1.223 2159 2015 1.220 2015 3 Shucheng 660780 869234 0.760 2147 498 0.758 498 4 Lujiang 1131930 1057670 1.070 4274 2330 1.067 2330 5 Tongcheng 522765 679582 0.769 5387 3011 0.761 3011 6 Huaining 537165 695430 0.772 406 187 0.772 187 7 8 9 10
12 13 14 Is 16 17 18
Total 4064970 4425206 0.919 14729 8315 0.915 8315
13 Statistics of People Affected Hefei-Gaohebu Section of Shanghai-Chengdu Expressway Houses affected Farmland affected Enterprises affected Total No. of No. Name of No. of HH No. of persons No. of HH No. of persons No. of No. of persons counity Area affected affected Area affected affected Area enterprises workers affected (In2 ) Need to No need Need to No need to (mu) Need to No need Need to No need (m 2 ) Necd to No need to affected relocate to relocaterelocate relocate redistr. to redistr. redistr. to redistr. relocale relocate Hefei 1280 12 6 45 23 356 74 274 342 Feixi 12010 124 72 434 254 2059 561 2015 4123 2 1 56 2759 Shucheng 3680 31 14 108 51 373 76 269 428 Lujiang 19070 175 88 621 316 2241 624 2322 3622 3 1 67 3326 Tongcheng 25347 248 101 957 376 3888 781 3148 6789 7 4 241 4722 Huaining 2477 25 6 92 23 207 69 181 1123 4 2 25 331
Total 384 615 285 2257 1043 9124 2185 0 8209 15657 16 8 389 11898
14 Temporary Land Borrow Hefei-GaohebuSection of Shanghai-ChengduExpressway Unit:mu Nameof Village Irrigate Non-irrig. Slope Waste Total d land land land land WeiyingVillage, Yandun Township, Feixi County 30 15 45 WuxiaoyingVillage, Yandun Township, Feixi County 40 5 45 DinghoufangVillage, Yandian Township, Feixi County 40 5 45 HuangdunVillage, Hangbu Township, Shucheng County 40 10 50 HuanggangVillage, Fuyuan Township, Lujiang County 45 10 55 HougangVillage, Jinniu Township, Lujiang County 40 40 HuzhuangVillage, Chengbu Township, Lujiang County 40 5 45 HengdianVillage, Xindian Township, Tongcheng County 32 32 YangheVillage, Sanshipu Township, Tongcheng County 35 35 ChanggangVillage, Gaoqiao Township, Tongcheng County 15 15 NankouVillage, Gaoqiao Township, Tongcheng County 20 20 XiangqianVillage, Gaoqiao Township, Tongcheng County 40 40 LiyuanVillage, Baima Township, Tongcheng County 32 32 JiangshanVillage, Baima Township, Tongcheng County 28 28 GuantangVillage, Jinsheng Township, Tongcheng County 22 22 XiangpuVillage, Xiangpu Township, Tongcheng County 42 42 LuyuVillage, Xindu Township, Tongcheng County 45 45 GaochengVillage, Xindu Township, Tongcheng County 20 24 44 QianlouVillage, Jingong Township, Huaining County 20 15 35
Total 626 30 59 715
15 Impact Details (I) Anqing Linking Road of Shanghai-Chengdu Expressway
No. Name of House Affected (m2) Farmland Affected (mu) Houses / Enterprises (No.) Affected County Brick & Brick Simple Total Veget. Irrig. Non-irrig. Slop House Waste Total State Town- Village Private Total ______Conc. & Tile land land land land found. land ship.- I Huanning 2112 4490 458 7060 36 1328 168 96 38 71 1737 1002/1 593/2 1595/3
2I- _ _<_ _ _ _ _
4 ______-___ -__ ==______====_ == 5 6 7
8 _
19 _ =
14. ______12 13v= 14 15 _= 16 17 .
Total 2112 4490 458 7060 36 1328 168 96 38 71 1737 11002/1 593/2 1595/3
16 Impact Details (11) Anqing Linking Road of Shanghai-Chengdu Expressway
No. Name of Trees Electric Pole Tele. Comm. Pole Water Well Enclosed Wall Graves Remark county Young Mature Without With High Low Wood Conc. Big Small Earth Brick fruits fruits tension tension pole pole _ 1 Huaining 32412 21821 412 569 11 46 6 5 78 65 498 1671
_ _ _ 2 ______
39______
______40_1
1 2 ______
______613______
5 78 5 67 12 7~~~~~~~~~~~~~~~~~~~~~~1___34122121 41 569______46
14~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Land Acquisition Anqing Linking Road of Shanghai-Chengdu Expressway Nameof Total farmland No. of persons Per capitaland No. of persons Percapita land No. of personsacquiring No. of surpluslabor No. county before engagedin holdingbefore ighatof cultivatingthis holdingafter land through transferredto non- cou_ty aquisiton agriculture acquisition area acquisition redistribution agricultureemployment I Huaining 537165 695430 0.772 1739 1423 0.770 1423 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Total 537165 695430 0.772 1739 1423 0.770 1423
18 Statistics of People Affected Anqing Linking Road of Shanghai-Chengdu Expressway Houses affected Farmian affected Entorprises affected Total No. of No. Name of No. of HH No. of persons No. of HH No. of persons No. of No. of persons county Area affected affected Area affected affected Area enterprises workers affected (m2 ) Needto No need Need to No needto (mu) Needto No need Needto No need (m2 ) Needto No need to affected relocate to relocaterelocate relocatc redistr. to redistr. redistr. to redistr. relocate relocate Huaining 7060 153 61 501 202 1739 345 1423 1595 2 1 45 2171
Total 70F43601 153 61 501T 202 1739 34514359 - 19 --21 45 2171
19 Temporary Land Borrow Anqing Linking Road of Shanghai-Chengdu Expressway Unit: mu Name of Village Irrigated Non-irrig. Slope Waste Total land land land land Xingsheng Village, Jingong Township, Huaining County 15 15 30 Liangting Village, Jingong Township, Huaining County 23 4 27 Gaohu Village, Jingong Township, Huaining County 5 5 15 25 Yuegong Village, Wuheng Township, Huaining County 8 17 25 Yangting Village, Wuheng Township, Huaining County 15 15 Zongbu Township, Huaining County 24 4 28
ToFtal 52 64 30 4 150
20 4. Compensation and Resettlement Policies
4.1 Legal Framework
According to following legal documents, the project will have the right to use the land to be occupied by the project when the resettlement of and compensations for the affected units and persons have been performed.
(1) "Law of Land Management of the People's Republic of China (P.R.C.)"
(Passed by the 16th conference of the Standing Committee of the 6th Session of the National People's Congress (NPC) on June 25,1986)
Main concerns: It stipulated the ownership and the right of use of land, utilization and protection of the land and the compensation cost, resettlement subsidy and the approach of the affected resettlement.
(2) "Implementation Regulations for Land Management of P.R.C."
( Issued by No.73 Order of the State Council of P.R.C. on Jan. 5, 1991 )
Main concerns: Based on the Law as above-mentioned (1), it specifically stipulated the implementing procedures.
(3) "Implementation Procedures of Land Management of Anhui Province"
( Passed by the 33th Standing Committee of the 6th Provincial People's Congress on Dec. 20, 1987 and revised by the 11th Standing Committee of the 7th Provincial People's Congress on July 7, 1989 and the 34th Standing Committee of the 7th Provincial People's Congress on Dec. 19, 1992)
21 Main concerns: Based on the Law and Regulations of (1) and (2) as above-mentioned, combined with the reality of Anhui Province, it stipulated in detail and specifically the procedures, calculation of compensation cost, resettlement of affected people, and the use of temporary land for state-used land in construction works.
(4) "Interim Regulations for Tax of the Use of Arable Land of P.R.C."
( Document: Guo-Fa [1987] No.27, April 1,1987 )
Main concerns: It stipulated the standards and coverage of paying the tax of using arable land for state construction.
(5) a. Notice of Implementing the Document (4) as mentioned above, issued by the Anhui Provincial Government
(Document: Wan-Zheng-Fa [1987] No.70)
b. Notice of Implementing Regulations For Tax of the Use of Land of Anhui Province, issued by Anhui Provincial Department of Finance
(Document: Cai-Long-Zi [1987] No.450)
c. Notice of Revising the Standards of Paying the Tax of Using Arable Land, issued by Anhui Provincial Department of Finance
(Document: Cai-Long-Zi [1992] No.582)
Main concerns of the three documents a, b, c as mentioned above: Based on the reality of the province and devised by various counties, cities and regions, it stipulated the standards, duration and coverage of taxes levied on using arable land.
(6) Implementation Procedures of Land of Management of Anhui Province
22 Item 26: The acquisition of vegetable land should be strictly controlled. Development / construction funds for the new vegetable land will be levied if the vegetable land must be acquired.
(7) "Regulations for Management of Urban Houses Removing"
( Passed by No.76 Standing Conference of the State Council on Jan. 18, 1991 )
Main concern: It stipulated procedures of houses removing and residents resettlement.
(8) "Procedures of Management of Urban Houses Removing in Anhui Province"
( Passed by the 26th conference of the Standing Committee of the Anhui Provincial Government, on July 1, 1992)
Main concerns: This regulation (8) is based on regulation (7) and consideration of the reality of the province to establish procedures for house removal and compensation for relocation and resettlement.
(9) "Notice of Implementing Procedures of Management of Urban Houses Removing in Hefei City"
( Document: He-Zheng-Fa [1992] No.261)
Main concerns: It set down the procedures of houses removing, standards, and method for compensations.
The RAP has been prepared based on the regulation as mentioned above, and taking into account the actual conditions of the project area.
4.2 Resettlement Principles
Four policies are adopted during the course of LA&R: beneficial to
23 production, beneficial to life, nearby relocation and rational compensation. The policies were set up according to the intention of the affected people and the guiding policy set up by the World Bank, "Rural people affected by LA&R should be compensated with preferential resettlement strategies based on land".
To make a good job on resettlement, the following principles are followed:
(1) The affected enterprises and individuals including floating population ( persons without residence registration certificates) must be ensured to at least regain if not improve their present production and living standard in the shortest time. During the course of LA&R, they should be helped and given conveniences to work and live as usual by all possible means.
(2) People affected by loss of houses and other assets will all get compensation at replacement rates. Depreciation will not be deducted from the current replacement prices for computing the compensation payable.
(3) All affected enterprises will be paid compensations and allowances according to the compensation policies. All affected enterprises which need to be relocated will be relocated close to their existing location and all the affected workers will be employed in the same reconstructed enterprises. The relocated enterprises will restore production scope and conditions so as to let affected worker's living standard be rehabilitated or improved. Salary compensation and work stoppage allowance will be paid.
(4) Persons losing their farmland will be rehabilitated through land redistribution. If it is not possible to do so, their residence registration will be changed from rural to urban and they will be provided jobs in
24 enterprises.
(5) Payment of compensation and resettlement of the affected persons will be completed at least one month before construction is initiated, otherwise construction of the project can not be commenced.
4.3 Compensation Standard
Land acquisition and resettlement will be implemented in accordance with the provisions of the RAP.
4.3.1 Affected Houses
a. Compensation for affected houses and buildings, owned by enterprises or individuals, will be paid at replacement rates as given in the RAP. No deduction in compensation will be made for depreciation.
b. LA&R offices of city / county level of government have been set up to organize LA&R work uniformly and sign agreements with relocated persons on house areas, compensation rates and costs. Land for new houses will be provided by the village and the cost will be included in the project. The affected houses will be removed after the affected persons moved into the new houses.
The specific compensation rates are shown in the table of Compensation Rates of Houses.
Compensation Rates of Houses Unit:Y/m 2 No. Type Standard of Unit 1 Brick and Concrete 266.55 2 Brick and tile | 220.00 3 Simple-built | 124.40 notes: 0 The area of house is calculatedaccording to the constructionarea. ( Four prefecturesand cities, i.e. Hefei,Lu'an, Chaohu and Anqigng will adopt the same standardmentioned above.
25 4.3.2 Affected Land
a. According to the principle of using land sources sparingly and protecting farmland conscientiously, waste land and poor-yielding land will be acquired as much as possible instead of farmland and high-yielding land while adequate land for the project construction should be ensured.
b. The affected persons will be provided with replacement land through land redistribution, which is the responsibility of township government.
c. After land acquisition, people affected by loss of land will be compensated for affected land, resettlement and standing crops by PEO. Compensation for affected cultivated land and vegetable land will be paid at the rate of 6 times the annual average output value of crops per mu in the preceding three years; compensation for affected wasteland opened up in no more than three years will be paid at the rate of 2 times the annual output value of crops per mu in the current year; compensation for resettlement of each rural person will be paid at the rate of 3 times the annual average output value of crops per mu in the preceding three years; compensation for standing crops will be paid at the rate of the seasonal average output value of crops per mu, for perennial crops at the rate of the annual average output value of crops per mu. Farmland without standing crops will not be compensated.
d. If the per capita vegetable land holding falls below 0.1 mu and the per capita farmland holding falls below 0.3 mu after land acquisition for the affected village and the village can not be relocated or merged with other villages, the labor declared surplus will be rehabilitated by providing non-agricultural jobs and their residence registration will also be changed from rural to urban in accordance with the approval of Anhui Provincial
26 Government.
The tables of annual output value of crops and compensation rates of land are shown as follows:
Annual Output Value of Crops Unit: Y/mu Item Vegetable Irrigated Non-irrig. Slope land House West land land land land foundation Hefei Suburb 1559.14 1299.28 1039.42 519.71 1039.42 428.76 Feixi County 1559.14 1299.28 1039.42 519.71 1039.42 428.76 Shucheng County 1552.70 1293.92 1035.14 517.57 1035.14 426.99 Lujiang County 1506.62 1255.52 1004.42 502.21 1004.42 414.32 Tongcheng County 1220.09 1016.74 813.39 406.70 813.39 335.52 Huaining County 1220.09 1016.74 813.39 406.70 913.39 335.52 Remark: What listed is the annual average output value of years 1995,1996,1997.
Compensation Rates of Land Unit: Y/mu Vegetable Irrigated Non-irrig. Sl House West_land Item| land land land pe land foundation West land Output Value per mu 1559.14 1299.28 1039.42 519.71 1039.42 428.76 Compensation Multiple of Comp. 6 6 6 6 6 2 Rates of Land Unit of Comp. 9354.84 7795.68 6236.52 3118.29 6236.52 857.52 Compensation Rates Multiple of Comp. 3 3 3 1 3 1 333 ,of Resettlement Unit of Comp. 4677.42 3897.84 3118.26 1559.13 3118.26 Remark: The compensation rates listed here are based on the comparatively higher output per mu in each city or prefecture ,which are unified for each city/prefecture.
Compensation Rates of Young Plants Unit: Y/mu Item Vegetable land Irrigated land Non-Irrig. land Slope land Output Value of one Crop 657.59 547.99 438.39 219.20 Unit of Compensation 657.59 547.99 438.39 219.20 e. After land acquisition, the persons affected by loss of land will be remitted agricultural taxes.
4.3.3 Affected enterprises
a. The enterprises will be relocated at nearby sites provided by local Land Administration. The cost of this land will be included in the project.
b. Building and assets for the enterprises will be compensated at replacement cost. No deprecation will be deducted while calculating the compensation payable. Compensation for transfer of productive assets and
27 other infrastructures to the new sites and the cost of reconstruction will also be included in the project.
c. The relocated enterprises which have to stop production due to the project will be also paid a work stoppage allowance at the rate set by city / county government for the period for which the production is stopped.
4.3.4 Other affected assets
a. Compensation at replacement cost will be paid to affected individuals or local governments depending on the ownership of these assets.
b. The trees planted by citizens on state-owned land and the trees planted in front and behind their houses, if they can not be transplanted, will be compensated by the unit which acquires the land, compensation rates will be given by the municipal and township government. If the trees can be transplanted, the cost for the transplanting will be paid by the unit.
c. Affiliated structure on the ground includes houses, water wells, trees, tunnels, bridges, highways, hydraulic facilities, woods and other buildings, framework and affiliates. Affiliated structure on the ground should be compensated at replacement rates. And the rates should be practically regulated by each province, autonomous region and provincial level city.
Based on related provision of the state and considered with the reality of the project, compensation rates for other assets are shown in the table of Compensation Rates of Other assets.
Compensation Rates of Other Assets
______Unit:Y Ele. PowateErclosing Wall Type Tree (No.) pole (m2) Grave D>200>D> D<5Wilhout~ With High Low Concrete WoodBiSmlBrcEat D>20 20>D>5 D<5 Wfruits fruits tension tension pole pole Big Small Brick Earth cm cm cm Unit 29.4 38 5 11 200 3000 1500 1000 50 500 200 10 2.5 221.25 Note: (I)Four prefectures and cities i.e. Hefei. Lu'an. Chaohu and Anqing will adopt the same standard mentioned
28 above. (2)D denotes average trunk diameter.
4.3.5 Non-agricultural jobs
After land acquired by the project, the per capita vegetable land holding for each village is all above 0.1 mu and the per capita farmland holding for each village is all above 0.3 mu. No non-agricultural jobs need to be provided according to related regulations of Anhui Provincial Government.
4.3.6 Payment of compensation
a. Compensation for standing crops, houses and other private structures will be paid directly to the affected persons.
b. Affected farmer with professional skill who is willing to seek for his own livelihood will be subsided from land compensation and resettlement subsidies by proportion after clarification and approval of the township people's government.
(Item 30 of Implementation Procedures of Land Management of Anhui Province )
c. Surplus labor will be resettled according to regulations concerned. In case some units agree to provide employment to the persons declared surplus labor, the resettlement subsidy will be paid directly to the unit. ( Item 31 of Implementation Procedures of Land Management of Anhui Province )
d. Compensation for affected enterprise will be paid directly to the respective enterprises. In case of private enterprises, the compensation will be paid directly to the person who own these enterprises.
4.3.7 Compensation for temporary land borrow:
29 a. Temporary land borrow refers to the land used for borrow pits, construction detour road, material yard, working plant, living place, etc. during construction period. Compensation rates for temporary land acquisition would be recalculated at the annual average output value during the last three years multiplying the yearly span for land borrowing. After the completion of the construction, former cultivated farmland needed to re-cultivated will get a subsidy of 2000 yuan per mu at one time. No subsidy will be allocated to other kinds of land.
Compensation Rate For Temporary Land Acquisition unit, Yuan/Year.Mu
Item Vegetable Irrigated Dry land Slope House Waste land land foundation land OutputValue per mu 1559.14 1299.28 1039.42 519.71 1039.42 428.76
CompensationRate 1559.14 1 1299.281 1039.42 519.71 1039.42 428.76
b. Permanent building is forbidden on the borrowed temporary land. After construction, the borrowed land will be restored to its original condition at project expense and transferred back to the local government.
c. Compensation will be paid for temporary land borrow; but no person will need to be relocated.
4.3.8 Allowances
a. Apart from compensations of houses and land the affected persons will also get some allowances.
b. There are three types of allowances:
- Moving allowances is to base on the actual cost of moving household effects from one location to another instead of linking to the
30 number of persons in the household.
-Job transition allowances, which are paid to the persons affected by loss of land for the transition period of waiting for non-agricultural jobs
150 Y / month for 3 months, and after that increased to the level of minimum wages in enterprises; and
- Old age pensions, which are paid to the persons affected by loss of land whose residence registration transferred from rural to urban but who exceed the limit of working age - 2000 yuan / year which can be increased by another 500 -1000 yuan per year for those who face special difficulties.
4.3.9 Measure used for improving living standard
For those affected by land acquisition and who are provided alternative land through land redistribution, the following measures will be taken for improving their living standards:
a. Fully exercising the potent of land resources and enhancing its productivity.
b. Promoting diversified business in the light of local conditions; helping affected people settle down soundly and relieve from poverty and backwardness gradually.
c. Improving land by using the discarded earth from construction.
d. Providing benefited chance to the local villages during and after construction.
e. Provide economical and technical extension services through local governments / science and technology department so as to improve
31 cultivation practices and methods and promote processing industries( such as planting vegetables, fruits, high value crops, preparation of medicines, etc.)
32 5. Organizations/InstitutionsFor Resettlement and Rehabilitation
5.1 Implementation Organizations and their Responsibility
The following organizations / institutions will be set up and all the staff will be in place by May 31, 1998.
5.1.1 The "Headquarters of He-An Expressway" is going to be set up by the APCD, Anhui Provincial Planning Commission and Anhui Provincial Financial Department. It will consist of the following 9 persons:
3 Directorof APCD, 1 Director of Anhui Provincial Planning Committee, 1 Director of Anhui Provincial Financial Department, 1 Mayor of Hefei City and 1 Mayor of Anqing City I Mayor of Lu'an Prefecture and 1 Mayor of Caohu Prefecture
This Headquarters is the organization responsible for implementation of He-An Expressway. It will resolve issues related to land acquisition, resettlement, compensations etc., based on the provisions of RAP.
5.1.2 "Land Acquisition and Resettlement (LA&R) Leading Group of He-An Expressway" will be set up under the Headquarters.
It will consist of the following 8 persons:
I Directorof PEO I Director of Anhui High-grade Highway Administration Bureau 1 Director of Anhui Administration Bureau, and 5 County Magistrates respectively from Feixi County, Shucheng County, Lujiang County, Tongcheng County and Huaining County.
The leading Group will be mainly responsible for organizational and coordination work regarding land acquisition and resettlement in accordance with the decisions made by the Headquarters and the
33 provisions of the RAP. The local government will sign LA&R agreements with the affected counties.
5.1.3 LA&R Offices
There are six LA&R Offices set up under the Leading Group:
a. LA&R Office of Hefei City, consisting of the following 4 persons:
I Directorfrom HefeiMunicipal People's Government, 1 fromHefei CommunicationsBureau, I from Governmentof LugangTownship, and 1 from Governmentof ChangqingTownship.
b. LA&R Office of Feixi County, consisting of the following 4 persons:
1 DeputyCounty Magistrate of Feixi County, 1 from Feixi CountyTraffic Bureau, and 2 from Yandunand YandianTownships respectively.
c. LA&R Office of Shucheng County consisting of the following 4 persons:
1 DeputyCounty Magistrate of ShuchengCounty I from CountyCommunications Bureau, and 2 from Hangbuand HenanTownships respectively.
d. LA&R Office of Lujiang County, consisting of the following 9 persons:
I DeputyCounty Magistrate of LujiangCounty, 1 from CountyCommunications Traffic Bureau, 7 from Fuyuan,Jinniu, Gaohe, Zhangwangmiao,Changgang, Chenpu and Kepu Townshipsrespectively.
e. LA&T Office of Tongcheng City, consisting of the following 9 persons:
34 1 from Tongcheng City government, 1 from County CommunicationsBureau, and 7 from Gaoqjao, Baimaxiang, Jinshen, Fangang, Xiangpu, Xindu and Shanggang Townships respectively.
f. LA&R Office of Huaining County, consisting of the following 6 persons:
I from Huaining County Government, I from County CommunicationsBureau and 4 from Jinggong, Liangting, Wuheng, Zongpu Townships respectively.
Responsibilities of the LA&R Offices and Groups: In accordance with requirements and tasks put forward by the Leading Group, the LA&R Offices and Groups will be mainly in charge of: (i) checking the quantities of affected land, houses and infrastructures, etc. of respective districts; (ii) signing land acquisition and individuals; (iii) paying compensations and carrying out the specific implementation of land acquisition and resettlement; (iv) selecting land for resettlement sites and ensuring timely construction of houses and timely provision of jobs; and (v)paying allowances.
LA&R Groups of the affected townships and villages will also be set up to carry on the specific LA&R work..
5.1.4 The World Bank Loans Project Execution Office (PEO) under APCD is composed of 23 persons.
PEO, according to be decisions and policies from APCD and the Headquarters, will be fully authorized to take charge of the construction of He-An Expressway not only be responsible for the completion of engineering tasks, but also checking and monitoring the implementation of land acquisition and resettlement.
35 5.2 Coordination Organizations
Coordination organizations of land acquisition and resettlement are "LA&R Leading Group of He-An Expressway" and "Administrative Room of PEO" which will take charge of coordination work during the whole LA&R implementation stage, with the coordination of local government.
5.3 Internal Monitoring
Administrative Room of PEO, composed of 3 persons and charged by one director of PEO, is to carry out internal monitoring on behalf of APCD. Its main task is to:
a. Provide feed-back information regularly for the implementation of RAP in order to find out existing or would-be problems promptly and to make adjustment without delay; put forward reasonable suggestions, solve resettlement problems left over; report progress of implementation of various activities mentioned in RAP; Evaluate, investigate and check land acquisition quantities, compensation rates and delivery progress of house and enterprise relocation, job creation and payment of allowances. Be authorized to report to the higher authority directly the cases which are not in accord with the policies, principles and provisions contained in RAP.
b. Meet once a month to examine the implementation of LA&R, monitor the distribution and payment of compensation money and status of other resettlement activities, and report in written once a month to the Headquarters and half a year to the World Bank on all the monitoring aspects.
The following figure shows the organization arrangement.
36 LA&R Organizations of He-An Expressway
Headquartersof Hefei-AnqingHighway 9 Persons
4 PEO 23 Persons
LA&R LeadingGroup of AdministrativeRoom of External Monitoring Hefei-AnqingHighway ) PEO | Agency (formed by 8 Persons 3 Persons | CCSAU)
LA&R _ LA&R LA&R LA&R LA&R LA&R Office of Officeof Office of Office of Office of Officeof Hefei Feixi Shucheng Lujiang Tongcheng Huailing City County County County County County 8 Persons 8 Persons 8 Persons 8 Persons 8 Persons 8 Persons
37 6. Costs and Budgets
6.1 Annual Plan of LA&R Cost
The resettlement cost is a part of the overall project budget, accounting for 5.68% of the total construction investment. The annual requirement of resettlement funds has been included in the annual project investment plans. An item-wise, yearwise cost table of all LA&R activities is attached behind.
6.2 Contingency Allowance and Inflation Allowance
a. The contingency allowance is the unforseenable LA&R cost, which is 10% of the total LA&R costs in this project.
b. Compensation amounts payable to the affected persons will be adjusted every year by the inflation factor. Annual adjustment in compensation rates and cost estimates will be made on April 1 every year. Inflation allowance for land compensation is calculated according to the inflation rate of crops published by the government. Inflation allowance for houses and other infrastructures is calculated according to the inflation rate of construction engineering cost promulgated by the government.
6.3 Management Cost for LA&R
Management cost is calculated as 3% of the total LA&R costs, which is the increased cost beyond the total LA&R costs.
6.4 Flow of Funds
The flow of funds for resettlement is shown in the following chart of Resettlement Funds Flow.
38 LA&R Costs Unit:1OOOORMBY
1998 1999 2000 2001 2002 2003 Total
I Surveys L 206.23 _ 206.23 2 Lan compensation 12449.43 12449.43 3 Resettle subsidy 4389.20 _ _ 4389.20 4 House compensation 1463.85 1463.85 5 Other structure compensation 413.80 413.80 6 Enterprise relocation 446.70 446.70 a. Compensation for affected (406.36) assets b. Salary allowance (11.77) c. Production losses compensation (19.61) d. Transfer cost (8.96) 7 Allowances 136.35 136.35 a. Moving allowances (136.35) b. Transition allowances c. Job transition allowance d. Old age allowance _ 8 Monitoring and evaluation 19.50 7.80 7.80 7.80 7.80 7.82 58.52 9 Administration costs 3.0% 585.17 585.17 10 Work contingencies 10.0% 975.28 195 195 195 195 195.28 1950.56 11 Price contingencies Total 21085.51 202.80 202.80 j 202.80 202.80 203.10 22099.81 Notes: 1. The compensation price is calculated by implementationprice of the year 1998. 2. Cause LA&R cost and LA&R plan will be accomplished within one year, the price escalation cost is not concluded.
39 Resettlement Funds Flow
APCD
PEO
Hefei Feixi Shucheng Lujiang Tongcheng Huaining Suburb County County County County County LA&R LA&R LA&R LA&R LA&R LA&R Office Office Office Office Office Office I I I I I I Government Govemment Govemment Government Government Government of Luogang of Yandun of Hangbu of Fuyuan of Xindian of Jingong and and other and and other and other and other Changqing four Henan seven nine four Township township Township township township township
6.5 Approval of Non-budgeted Requirement of Funds
The construction unit of the project is authorized to use the budgeted funds. The physical and financial contingencies exceeding the budget will be reported by the World Bank Loans Project Execution Office, after reviewed by APCD, and get added to the budget. The entire process will not take more than 1 month to complete.
40 7. Implementation Procedure and Schedule Arrangement
7.1 Implementation Procedures The LA&R action will start from May 15,1998 and finish at least one month before the beginning of construction(i.e. Jan, 1999). The action plan is divided into three stages: (i) preparation, (ii) implementation, and (iii) inspection / monitoring / evaluation ( Internal monitoring will continue throughout the whole period of implementation ). (For the details of action plan, see the Bar Chart of LA&R Plan.) 7.1.1 Preparation stage (May 15, 1998-July 15, 1998)
a. Set up LA&R organizations at city/county levels - implemented by Headquarters of He-An Expressway. b. Conduct wide information dissemination by using newspaper, broadcast, television, notices, etc. to promote understanding and supports from affected enterprises, individuals and the whole community. The information program will explain the resettlement policies and strategies and will be implemented by the Headquarters. c. Embed ROW boundary markers by permanent signs Survey and embodiment of the boundary markers are implemented by the Project Group and Administrative Room of PEO.
7.1.2 Implementation stage ( July 15, 1998 -Jan 31, 1999)
a. The headquarters will sign LA&R Agreements with local governments; The county governments, in turn, will sign LA&R agreements with townships, the townships with villages and the villages with affected persons;
41 ImplementationPlan
Work 1998 1999 2000 2001 2002 2003 contents 4 5 6 7 8 9 10 11 12 1 2 3 4-12 1 Set up organizations - reparation 2 Inform about policies stage 3 Carry on survey 4 Check on site I Sign agreements ___ 2 Apply for approval of land acquisition ____ Inplementa- 3 Pay house compensations tion 4 Build new houses _ _ _ = - 5 Pay land compensations stage 6 Provide land by redistribution & new jobs ____ 7 Pay allowances 8 Remove houses and transfer land Inspection Inspect resettlement situation and solve stage problems left over
42 b. PEO will apply for approvals of land acquisition from Land Administration;
c. PEO will distribute house compensations to the county governments through the Anhui Provincial Construction Bank;
d. Governments of each city / county and township will, together with affected persons, choose sites for new houses and enterprises, determine structures of new houses and start to build new houses and enterprises;
e. The city / county governments will distribute compensations for land acquisition to the affected enterprises and townships through city / county constriction banks;
f. The city / county governments and township governments will redistributes land to the persons affected by loss of Land and will provide non-agricultural resident registrations and jobs or other arrangements to the persons who can not get redistributed land.
g. The county governments and township governments will pay moving allowances, transition allowances, job transition allowances and old age pensions to the affected persons; and also the various types of compensation to be paid to enterprises.
h. The affected persons will move to the new houses and then the old houses will be demolished. The city / county and township governments will be in charge of removing infrastructures, uprooting crops and transferring land to the construction unit after land acquisition and resettlement is completed.
7.1.3 Inspection stage (May 15, 1998- Sept. 1, 2003)
Internal Monitoring will be a continuous process, starting from the date
43 of start of land acquisition and resettlement until one year after project completion. In addition to this, the LA&R office and the Administrative Room of PEG will conduct routines inspections and audits to ensure implementation is carried out in accordance with the provisions of the RAP.
Eternal monitoring will start with conducting a baseline socio- economic survey(Dec. 1997 - Mar. 1998) and will continue until one year after the date of project completion. At the end of this period, CCSAU will conduct another socio-economic survey to measure the impact of the project on incomes and standards of living of the affected persons.
7.2 Arrangement of Completion Time for LA&R
The following land acquisition and resettlement related activities will be completed at least one month before the proposed date of start of construction on any section:
(1) Payment of compensation to all affected persons and enterprises according to the replacement rates of affected assets.
(2) Completion of construction of houses and enterprises at the relocation sites; affected persons moving into new houses.
(3) Initiation transition arrangements and payment of various allowances to affected persons.
(4) Prepare civil infrastructure at the new sites.
44 8. Participation and Consultation
To make the affected individuals and enterprises accept and support the resettlement activities both in action and in psychology, the information dissemination work should be well performed in advance.
8.1 Information Dissemination
8.1.1 Institution and Approaches for Information Dissemination Activities
a. Social intermediates include newspaper, broadcast and TV Notices, etc., thus obtaining understanding and support from the various sections of the community.
b. The LA&R organs of various levels should, while the project is being planned, disseminate information to affected enterprises and people by means of meeting, documents and notices.
8.1.2 Contents of Information Dissemination
(1) To inform about the objectives of the project and the construction period of the project.
(2) To inform about polices, principles and procedures of land acquisition and resettlement as given in the RAP.
(3) To inform about the LA&R organization at the various levels in province, cities and counties.
(4) To inform about the compensation standards for land, house and other assets and infrastructure.
(5) To inform about the organization and procedures for payment of compensation for resettlement
45 (6) To inform about the principle of arrangement and method of non- agricultural jobs provided for surplus labor.
(7) To inform about the method and approach for lodging a grievance / appeal concerning the grievances in the process of resettlement.
(8) To inform about the duties and authorities of organs at various levels to deal with appeals;
To inform affected persons or enterprises of the way how to protect one's interests and right through legal approach.
(9) To inform about the internal and external monitoring institutions, and then activities.
A Resettlement Implementation Brochure( RIB ) will be distributed to the affected persons.
Information related to LA&R in the project:
(i) Describe the various categories of impacts and the resettlement entitlements of each category, e.g. land acquisition, temporary land leasing, house relocation, enterprise relocation and job creation etc.
(ii) Organizations responsible for implementation of each type of resettlement entitlement.
(iii) The implementation schedule of the project and the timing of payment of various type of compensation / resettlement entitlement. The requirement that compensation / resettlement activities must be completed one month before start of construction.
(iv) The resettlement related activities in which the affected persons and their representatives should participate.
(v) The avenues for redress of grievances of the affected persons and
46 the opportunities for appeal.
(vi) The procedure for internal and external monitoring of the project.
8.2 Participation and Consultation
In addition to the information campaign work, governments at various levels and representatives of the affected enterprises and people are to be invited to participate in the LA&R activates, allowing them to know the whole course of such activities and to know how such resettlement works are performed under the specific provisions of the RAP, having fully considered the interests of the affected persons and enterprises.
Local governments at various levels and the representatives of affected persons and enterprises will participate in following activities related to land acquisition and resettlement.
(1) At the stage of survey and design, they will participate in:
a. Comparing and selecting of road alignment ( to minimize the affects on the people)
b. Categorization and measurement of impacts on land, houses and enterprises.
c. Survey and check of graves, trees, wells and closures.
d. Survey and check of power, communications and other facilities.
(2) During the stage of implementation they will participate in:
a. Classifying compensation categories and application of compensation standards;
b. Signing the agreement of compensation;
c. Selecting the new resettlement area for the relocated people;
47 d. The construction of the new houses with the compensation received; e. Re-allocation of farmland; f. Resettlement for affected enterprises and its staff and workers; g. Investigation and coordinating of appeals; h. Monitoring and evaluation of resettlement activities.
48 9. Problem Solving and Grievance Redressing
To ensure that the affected enterprises and individuals' interests and assets will not be invaded or damaged, any person or enterprise who has grievance against the resettlement action may lodge a complaint with county LA&R Groups at the level as described in the following sections. If the affected person is not satisfied with the decision given at the administrative level, he / she can approach to the civil courts at county and city / prefecture level which will resolve the issue.
9.1 Organs of Appeal
Organs dealing with suit are: County LA&R Office, Administrative Room of PEO and the Leading Group of LA&R.
Organs dealing with appeals are: The Civil Courts of the People's Courts of each county and the Economic Court of the Intermediate People's Court of city / prefecture. The Diagram below shows the organs and procedures for appeal:
Intermediate People's Court of each City & Prefecture ( Final Decision)
j2nd Appeal IlstAppeal jEvery county's People's Courts along the road( Decision ) c I st Appeal
| Coordinate by greac Codntdbthleiggru |Administrative Room of |of LA&R of He-An Road |
grievance grievance Coordinate by County level LA&R Office Affected enterprises or grievance individuals
49 9.2 Contents of grievances appeal
a. Grievances brought about from the acquisitions of land, house, other facilities and provision of job;
b. Grievances arisen from an improper treatment by official of LA&R during the course of resettlement, or grievances arisen from under- estimation of compensation;
c. Grievances arisen from a very low compensation for resettled people;
d. Grievances from improper arrangement due to the relocation of enterprise.
e. Grievances arisen from wrong behaviors of LA&R official, such as taking advantages of their power, practice jobbery, entrapping the affected enterprises or persons or damaging other's interests.
f. Grievances against the compensation rates mentioned in this RAP. If someone feels that the compensation rates being offered and not adequate to replace the affected assets, he / she can contest these rates and lodge grievance with the appropriate agency.
In addition to the above, a grievance / appeal can be registered on any aspect of land acquisition and resettlement related activities.
9.3 Procedures of Grievance Redress / Appeal
9.3.1 Anyone who has grievance against the LA&R activities should bring an oral or written grievance to the county-level LA&R Office or Administrative Room of PEO shall be coordinated by such county-level office. A written grievance can be submitted to the LA&R Leading Group if there is no satisfactory result given within 3 weeks.
50 9.3.2 Having received a suit from affected person or enterprise, the LA&R leading group should solve it in 4 weeks; If the affected person is still not satisfied, he can first lodge a written appeal to the county-level People's Court.
9.3.3 If the affected person or enterprise is still unsatisfied with the decision made by the county-Level People's court, they can lodge and appeal to the Intermediate People's Court of city / prefecture which decision so made shall be the final decision and shall be enforced.
51 10. Monitoring and Evaluation
Two kinds of monitoring systems will be set up concurrently and monitoring will be done by two separate organs from different ways: i.e. (a) An internal monitoring system headed by the provincial government will perform monitoring from the administrative viewpoint and compared with the provisions of the RAP; (b) external monitoring by a team of social scientists will carry out their appraisal and monitoring through social investigation.
10.1 Internal Monitoring
10.1.1 Organization of internal monitoring has been described at paragraph 5.
10.1.2 Set of monitoring index and internal monitoring table
a. Monitoring index (MI) Work amount completed during LA&R Activities X 1 00% Total work amount of LA&R activities b. See appendix for detail information about internal monitoring
52 Monitoring Index Table of LA&R
Item Comp. for house Comp. for land Employment Other Comp.
City/County Total Compensated MI Total Compensated MI total Employed MI Total Compensated Ml
Hefei Suburb
Feixi County
Shucheng County
Lujiang County
Tongcheng County
Huaining County
53 10.1.3 Reporting formula and frequencies
Administrative Room of PEO is to submit a document on monitoring implementation and the results to Construction Headquarters each month and to the World Bank every half a year.
10.1.4 Contents of Internal Monitoring Activities
Monitoring will be carried out against the RAP. Internal monitoring will be a continuous process, carried out throughout the period of resettlement implementation until one year after the end of the project.
(1) Monitoring by administrative departments( incl. governments of township and city)in their respective zones.
a. Where the resettlement is performed in compliance in accordance with the specific provisions of the RAP;
b. Whether adequate compensation at replacement rates is paid to the affected persons and enterprises; whether compensation has been paid to all the eligible affected persons and enterprises.
C. Whether employment opportunities are created for the local persons from the implementation of the project;
d. Whether the resettled persons are satisfied with the compensation rates and resettlement site for alternative houses;
e. Whether the living environment and newly-arranged jobs are provided properly;
f. Whether or not the employees of the affected enterprises are re- employed properly in the original enterprises.
g. Whether the land re-allocation to the affected persons is performed according to stipulations;
54 h. For the non-agricultural jobs provided to the surplus labor, whether the job and training for those persons are carried out;
i. Whether or not the information dissemination to, consultation with and participation of affected persons and enterprises is carried out;
j. Whether the expenditure and payment are kept in record, especially, whether the reason for extra expenses and the resource of supplementary money are described;
k. Whether or not the affected persons or enterprises are able to register their grievances and lodge appeals.
1. Whether or not the implementation activities, which must be completed at least one month before the date of start of project construction have been completed.
(2) Monitoring the resettlement of affected persons and enterprises in accordance with the RAP
a. Whether the affected persons and enterprises get the alternative land of adequate quantity and quality, and whether they are satisfied with the new working living conditions and production facilities if transferred into non-agricultural jobs;
b. Whether they are satisfied with the resettlement sites and with the new allocated land in term of its location, conditions of production and living as well as the changed environment;
c. Whether they are satisfied with the process of income restoration after their land has been acquired.
d. Views, attitudes, comments or grievances regarding the project and the resettlement program held by affected person or enterprises;
! ~~~~~~~~~~~~~~~~55 e. Whether the affected persons are satisfied with the officials' methods, attitude and the effects of the LA&R activities;
f. Whether the people are satisfied with results of legal action against the illegality (or gaining private interests at public expense) of the action of some LA&R officials ( if at all any such cases exist).
10.1.5 Methods of internal monitoring
Different methods will be used for different monitoring items. The local LA&R units will provide quantitative information relating to the progress of various aspects of land acquisition and resettlement implementation.
a. Based on this information for quantitative data such as land area, compensation standards, compensation amount, person's income, relocated people, training and revenue of enterprises, paper inquiry will be conducted to ensure sample coverage of no less than 25% of the total affected population. The data about families so visited and collected will be kept up to the time of next survey for comparing and studying.
b. For some non-quantitative information, such as person's attitude, view, comments, behavior, random visit ( and special visit to some outstanding problems )will be done in monitoring survey. Inquiry should be comprehensive and flexible without any subjective elements.
10.1.6 Power of the monitoring organization
a. The monitoring organization has the right to inspect the standards, quantities and scope of compensation executed by the implementing units, also has the right to conduct evaluation, survey and supervision for the completed or ongoing projects performed by the county-level LA&R organs;
56 b. They have the right to report to the higher organs on the non- conformable standards in quantity unit price, scope and have the right to correct them; They also have the right to inform the wider community about the wrong practice which continue without improvement.
c. They have the right to report to higher organs such problems as strongly reflected from the affected persons or enterprises and to coordinate and deal with; or to inform the community.
d. If partial LA&R officials take advantage from their power to gain private interests or entrap the affected persons or enterprises, resulting in damage upon other persons, people can bring suit directly to the local judicial department;
e. Having the right to expose such event as not treated properly even though it has been treated, and the right to bring once more a suit if a sanction has not been given against the illegal official.
10.1.7 The monitoring report will be discussed in the regular meeting of the LA&R leading group and following actions will be initiated by this group.
10.1.8 Each monitoring report should include summary and comments on the suggestions put forward to the previous one.
10.2 External Monitoring
APCD has paid / pay more attention to the resettlement activities, in addition to strengthen the internal monitoring, well-known social scientific research institutes is invited to externally monitor the resettlement work. PEO entrust Communications College Subsidiary to Anhui University to undertake the external monitoring for the resettlement under He-An Expressway Project, with the General Outline given below.
57 Annex I
General Outline of RAP Monitoring
Engaged by Anhui Provincial Communication Department (APCD), a Monitoring Group formed by experts of Communications College Subsidiary to Anhui University (CCSAU) will be set up to carry on socio- economic survey, external monitoring and evaluation work on land acquisition and resettlement (LA&R) of He-An Highway Projects as an independent organization. The Group will fairly monitor, inspect and evaluate the implementation of RAP to ensure that the aims and objectives of the RAP are fully achieved in the project.
I. Monitoring Contents
(1) Inspect whether the implementation of the land acquisition and resettlement program is being carried out in accordance with the specific provisions of the RAP.
(2) Confirm that the activities which must be completed before start of construction have been completed.
(3) Determine the adequacy of the implementation of the RAP to achieve the overall objectives of the resettlement program.
(4) Determine if the compensation adequate to replace lost assets; jobs provided are appropriate and with good working condition; enterprise relocation is carried out smoothly; the elderly persons are able to maintain this standards of living with the persons paid; persons affected by temporary land acquisition are able to restore those incomes.
(5) Determine the level of satisfaction of the affected persons with the resettlement and rehabilitation arrangements.
58 a. Whether the affected persons are satisfied with the areas, qualities and quantities of the redistributed land comparing with what they had before;
b. Whether the affected persons are satisfied with the non-agricultural jobs and new working circumstances;
c. Whether the affected persons are satisfied with the locations and living circumstances of the relocated places comparing with the original places;
d. Whether the affected persons are satisfied with the compensation rates and types of affected houses, buildings and infrastructures, etc.
e. Whether the affected persons are satisfied with allowance rates.
II. Monitoring Methodology
(1) Samples of all categories of affected persons;
(2) Investigating and collecting information;
(3) Establishing files of affected persons, households and villages;
(4) Holding informal discussions with affected persons.
(5) Visiting affected persons to have direct interview with them..
Sample investigation should be extended to no less than 25% of the total household affected.
III. Monitoring and Reporting Schedule
Monitoring Group will start work in May, 1998 and will complete their work one year after the completion date of the project.
The Monitoring and Evaluation agency will:
59 (1) Carry out an investigation / inspection on the implementation of RAP every six months;
(2) Follow up action taken from the recommendations of the previous M&E report and its impact.
(3) Make a detailed record and a monitoring and evaluation (M&E) report after each monitoring action;
(4) Carry out special investigations / surveys for specific sections of the affected persons as the Monitoring Group thinks necessary;
(5) Each monitoring activity should be recorded in detail in the written report and each monitoring report should make summary and propose comments to the previous one.
(6) Write a final M&E report based on a socio-economic survey to measure the impact of the project on the income levels and standards of living after the project completed and submit it to APCD and the World Bank.
60 Annex II
Proposals of RAP Monitoring
I. General Principles
The resettlement monitoring work should be in accordance with the specific provisions of the RAP prepared by APCD. Monitoring and evaluation by CCSAU will be independent and objective and will report on the actual implementation of the RAP. It will also determine the extent to which the overall objective of the RAP are being achieved.
II. Monitoring Contents
1. Carry out a baseline socio-economic survey of the affected people to determine this existing standards of living and sources and level of income.
2. Check the implementation of the RAP and based on the findings, evaluate the land acquisition and resettlement program. Examine the extent to which the policies and principles stated in the RAP are being complied with.
3. Conduct sample survey of the affected / resettled population and socio-economic conditions of affected workers and enterprises.
4. Report the result of the M&E work to the project implementation department, and evaluate the impact of the remedial action initiated by the implementation department.
Based on the above overall framework, the following activities will be carried out:
a. Verify the information collected by the LA&R Leading Group
61 through internal monitoring;
b. Measure the satisfaction level of the resettles with the compensation rates for affected houses and enterprises;
c. Determine the satisfaction level of the resettles with the location and conditions of the resettlement sites;
d. Inquire into the attitude of the resettles regarding working condition before and after resettlement;
e. The satisfaction level of the resettles regarding the incomes and standard of living before and after resettlement;
f. Whether the resettles are satisfied with the natural environment ( education, culture, entertainment, hygiene, medical treatment, physical culture, public order and so on ) at the relocation sites;
g. The different views and attitudes of the resettles and the host population and whether the hosts are affected in any way due to the relocation;
h. Compensation of the resettles for the other properties and economic losses;
i. Whether the resettles participate in the implementation of the resettlement program. Is there any problems of coercion in the resettlement program;
j. Whether the grievance redress and appeals procedures are working appropriately and whether the affected persons are satisfied with the decisions.
III. Monitoring Methods
62 See Annex I for General Outline of LA&R Monitoring.
IV. Monitoring Report and Monitoring Period
Monitoring will start with a detailed baseline socio-economic survey, to be initiated in May, 1998 and will continue until one year after project completion. At the end of monitoring period, another socio-economic survey to determine the impact of the project on incomes and standard of living on the affected persons will be carried out.
The report of monitoring and evaluation will be submitted every 6 months, which will include of the following sections:
(1) Verification of internal monitoring report;
(2) Effectiveness of RAP implementation in achieving the objective of the resettlement program;
(3) Level of satisfaction of the affected persons with the implementation of the LA&R program;
(4) Suggestions and recommendation for improving implementation of the LA&R program; and
(5) Follow up action taken from the recommendations of the previous M&E report and its impact.
V. Attach Principles
(1) Collecting and sorting out materials and information
A detailed record of all monitoring exercises will be maintained by external monitoring unit. Besides, it will also maintain a computer file on each affected person / household. This information will be revised based on successive monitoring surveys.
63 (2) Special report
In addition to the regular reports every 6 month on varied important implementation issues. Special reports should also be made, such as job creation, enterprise relocation, old age affected persons, house construction etc.
64 Annex III Internal Monitoring Tables
LAND REDISTRIBUTION(A) County Township Annex111-1 Name. of Percapita Datetotal Datetotal Datetotal . ~~~~Landbefore land acquisition Ln o f Prcpt village after persons land Dateland compensationcompensation for crop whereland VegetableIrrigated Non-irr. Slope House Waste L.A. dependenitholding redistribution for land resettlement compensation acquired land land land land foundation land on farming afterL.A received subsidyreceived received
65 LAND REDISTRIBUTION (B) County Township Village Annex 111-2
Name of Land before land acquisition Date land Date land Land holding after Crop compensation affe. HH Vegetable Irrigated Non-irr. Slope House Waste acquired redistributed redistribution received land land land land foundation land
66 HOUSE RELOCATION (A) County Township Annex 111-3 Name of Total houses affected No. of Total compensation Date new site given Date of start of Area of houses Area of houses 2 village No. Area persons To be given Given for construction compensation construction until now occupied (in )
67 HOUSE RELOCATION (B) County Township Village Annex111-4 Name of aff. Area of Type of Date compensation Data Data start construction Date of moving Area of Distance from HH house structure received demolished new house into new house new house old house
68 JOB CREATION (A) County Township Annex 111-5 No. of No. of persons No. beingpaid No. being paid No. provided No. No. No. Name of Date land persons to providedjobs subsistence subsistence / to be to be No. being to be given being paid village acquired be provided State T&V New allowance 150 allowanceequal provided provided given pension living living jobs Y/month to main wages training pension subsidies subsidies
69 JOB CREATION (B) County Township Village Annex 111-6 Nameof ~~Datestarted Date DaeoDaeoDaefPymnofA utpr Name of Date land receiving subsistence ofD utetration ateof Namerof SalaryD/ ate° Amountper b idi mo affected start of provisionofetrrs ot start of Amoutipe pesn acquired subsistence allowance trainingtring jb eepis month onh sbivingleso month person ailowance increased pension subsidies
70 TEMPORARY LAND LEASING (A) County Township Annex 111-7 Landleased for Amountof No. of persons Rehabilitation Date cultivation Name of village Total farmland project Date leased compensation affected arrangement Date land return Date lan received made for them
71 TEMPORARY LAND LEASING (B) County Township Village Annex 111-8
Name of Aelasd Average Amount and Rehabilitation Average Whiethler affected Total farmland Ae leased incomebefore Date leased date of paying arrangements monthly Date land returned to household for project leasing comp. to aff. made for income after returned original person affectedHH leasingland conditionor not
72 ENTERPRISE RELOCATION (A) County Township Annex 111-9 Compensation No. of No. of No. of No. of enterprises No. of No. of No. of N ol Nameof Total Total for structures enterprisesworkers being new relocation/ enterprises enterprisesto workerswho entcrpriseswhcre paid have enterprisesarea workers To be Paid stopped salary sites reconstruction relocatedand haveresumed resumed work all wvorkcrsre- production employed ______paid productioncompensation finalized started reconstructed
73 ENTERPRISE RELOCATION (B) County Township Village Annex 111-10
Na.eof AreaofType of No. of Date Date No.of Date newsite Date of Date of No. of workers Naintepie enterpriseao strue ofworkers compensation production getting salary available for starting new Date starting employedafter em-nployedreceived stopped compensationconstruction construction constructionproduction relocation
74