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World Bank Document Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized RP- VOL.2 12 Preface As one section of the national highway artery between Tongjiang in Heilongjiang Province and Sanya in Hainan Province approved by the State Council,Zhangzhou-Zhao'an Expressway,located in Fujian Province,is not only one of the key highway construction projects planned by the Ministry of Communications of China but .one of the key highway construction projects of Fujian Provice in the Ninth-Five years.It is planned to be open to traffic in 2001. Passing through 4 counties of Zhangzhou City, the Zhangzhou- Zhao'an Expressway is located in the economy, technology,industry, resources and intelligence reletively highly concentrated and urbanized area of Fujian Province. Its completion will no doubt play a great role in promoting the socio-economic development, accelerating the circulation of goods and materials and expanding the exchanges between different areas in Fujian Province and even the whole country. Hua'an County is located in the mountainous area in the north of Zhangzhou City. Hua'an section of the Zhangzhou-Hua'an Road is of a low class with poor road conditions. This project after completion will play an important role in developing local mountainous economy and satisfying the need of the traffic increase. It will create a fast passage in Central Fujian Province, linking up nearby Zhangping City, Anxi County and Yong'an City. It can also connect the local road network to the Expressway, which will give full wing of the overall function and benefit of the local road network. This RAP is prepared according to the Land Administration Law of the People's Republic of China, local laws and regulations of Fujian Province and China Highway Project Resettlement Model Plan (draft) of the WB. This RAP is a carefully prepared detailed plan, which aims to appropriately resettle those affected by the project and have them benefitfrom the project, improving or at least maintaining their living standards as before the project construction. During the data collectionand preparationof the RAP, we get much help from Fujian Provincial Traffic Planning and Design Instituteand the trafficbureaus, land administrationbureaus and resettlementoffices along the expressway.Pleaselet us to express our sincerethanks to them. Objectives of the RAP and the Definition of Resettlement Terminology. This Resettlement Action Plan (RAP) is prepared according to the Laws and Regulations of PRC, and Fujian Province as well as the Guidelines of the World Bank (Operational Directive for Involuntary ResettlementOD 4.30). The purpose of this document is to set out an Action plan for the Resettlement and Rehabilitationof the Project Affected Persons (PAPs) to ensure that they will benefit from the project and their standards of livingwill 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 thosepersons whose income or livelihoods will be adversely affected by land acquisitionfor the project. PAPs include the following categories: a) persons who have a title, right, interest, in structures (houses, enterprises, shelters, or public buildings), land (includingresidential, agricultural, and grazing land) or any other asset acquired or possessed, in full or in part, permnanentlyor temporarily; b) persons who use the structures, land or assets described above; or persons whose business, occupation, work, place of residenceor habitat adversely affected; or c) persons whose standard of living is adversely affected as a consequenceof land acquisition. A definition of PAPs is given below: Definition of the PAPs: "Affected Persons" means persons who on account of the execution of the project had or would have their: a) standard of living adversely affected; or b) right, title or interest in any house, land (including premises, agricultural and grazing land) or any other fixed or movable asset acquired or possessed, temporarily or permanently;or c) business, occupation. work or place of residence or habitat adversely affected,and "affected Person," means individually all those who qualify as "Affected persons." PAPs may be individuals or legal persons such as a company,a public institution. Definition of PAPs is not limited to their legal registrationor permission to live or conduct business in the affected location, or their title to property Thus, it includes: a) all those affected by the project regardless of their legal rights or absence thereof to the assets being taken; and b) persons without residential pennit to live in a certain area. Therefore, all such persons who are affected will need to considered and recorded as PAPs, regardless of their legal connection to assets land or location. If there are more than one person, family or householdusing or holding a title to the same land or property that is acquired, they will be compensated and rehabilitated according to the loss they suffer, their rights, and the impact on their living standards. The definition of PAPs is linked directly to the adverse effect of the project, regardless of legal rights title or interest. 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 deduictionsor 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 compensationfor 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 livelihoodsand compensation for their assets on an equal footing with those with formal legal title, authorizationor permissions to the assets. The term RESETTLEMENTincludes: a) the relocation of living quarters; b) finding acceptable new employment for those whosejobs are affected; c) restoration (or compensation)of affected productive resources such as land, work- places, trees and infrastructure; d) restoration of other adverse effect on PAPs' living standards (quality of life) through land acquisition(such as the adverse effects of pollution); e) restoration of or compensationfor affected private and public enterprises; and f) restoration of adversely affectedon cultural or common propert. Rehabilitation means: the restoration of the PAPs' resource capacitv to continue with productive activities or lifestyles at a level higher or at least equal to that before the project. 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. To achieve these objectives the plan provides for rehabilitationmeasures so that the income earning potential of individuals are restored to sustain their livelihoods. Affected productive resources of businesses (enterprisesincluding shops) and public property. Infrastructure and cultural propertv will also be improved or at least restored to their pre-project levels. Hua'an Section of zhangzhou--Hua'anHighwgy Lo-cation Map I1:750.000) ''.i; LL/ _,iv:. _ .,' fM-~~~~~ A u X - - \.e,.~XE Zhangzhou-L4ongyanExress av n >n ti < g 4 - ~~~~~~nzkarou-Zhaoan ExpresswaY.\! 7< - es~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~X 414'11ID 931 -e --M_o< _ _ ; _ _ i 24112e37t~~~~~~~~92151E1455 / / gt*t iARMss* (geALvS~~~~~~11 6 35 16 _.:~~~~~~~~~~~~~~i3534 9"lT74v b Contents ChapterOnc Introductionto the project 1. Brief introductionto Hua'anSection of Zhangzhou-Hua'anRoad 2. Project affectedand benefitedareas .................... 2 3. Socio-economicbackgrounds in the projectarea .............. 2 4. Mcasures to minimizeresettlemefit ........................... 4 5. Tcchnicaland economicfeasibility study .................... 4 6. Preliminarydesign and design of constructiondrawings ...... 5 7. Project employerand organization........................... 5 8. Social survey............................................... 5 9. Preparationof the RAP...................................... 8 IO..Schedule of projectpreeparation,construction and execution.8 11. Land use permit,resettlementand reconstruction............. 8 12. Compensationcriteria ....................................... 9 ChapterTwo Project influence 1. Land acquisition............................................ 10 2. Affectedbuildings ................................. 11 3. Loss of emplovmentopportunities in agriculture.enterprises and public organizations................................. 15 4. Affected infrastructure........................ .........16 5. Temporary land occupation................................. 17 6. Loss of crops..................................... 18 7. Loss of other properties................................. 18 8. The affectedperson ................................. 19 9. Influenceon the vunerablegroup ............................. 20 ChapterThree Legal framework 1. Policies................................. 21 2. Compensationcriteria ................................. 34 ChapterFour Estimateand budgetof the compensationfcc 1. Capitalflow .........................
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