RP563 V1
General Report on Migrant Public Disclosure Authorized Resettlement Plan
Xi’an Urban Comprehensive Transportation Improvement Project
The World Bank Evaluating Version Public Disclosure Authorized Public Disclosure Authorized
Authorized by Xi’an Development and Reform Committee
Shaanxi Academy of Social Science
Public Disclosure Authorized 2008.04
Contents
Purpose of Resettlement Action Plan and Definition of Resettlement Terms ...... i
1.General...... 1
1.1 Purpose of the project construction...... 1
1.2 .Project background...... 2
1.3 Contents of the project...... 4
1.4 Measures to reduce migrants...... 6
1.5 Policy Goals of this report ...... 6
2. Analysis on the Affected Object Index by the Project...... 7
2.1 The affected land ...... 9
2.2 The affected houses for households...... 9
2.3 The affected non- household houses ...... 10
2.4 The affected Enterprises and units ...... 11
2.5 The affected individually-owned business...... 11
2.6 The affected over-ground attachment...... 11
2.7 The affected population ...... 12
2.8 The affected population of minorities...... 13
2.9 The affected weak group...... 13
3. Law and Policy ...... 14
3.1. Laws and Regulations of People’s Republic of China...... 14
3. 2 Regulations and Policy of Shaanxi Province...... 14
3.3 Regulations and Policy of Xi’an...... 14
3.4 Policy of World Bank ...... 14
3.5 Resettlement Policies on migrations of the Project ...... 15
3.5.1 Policies on compensation for Permanent land acquisition...... 15
3.5.2 Principles of migrants resettlement for land acquisition ...... 15
3.5.3 Principle on resettlement for rural relocated residents...... 16
3.5.4The resettlement principle of demolished and Relocated shops and enterprise ...... 17
3. 5.5 Policy on affected over-ground objects attached to the land ...... 17
4 .Compensation standards ...... 18
i 4.1Land requisition compensation standards ...... 18
4.2 Compensation standards for residential housing ...... 19
4.3 Compensation standards for non-residential housing...... 19
4.4 Public facilities and ground fixtures compensation standards...... 20
5. Proposals for Migrants’ Work and Life Resuming...... 21
5.1 The resettlement target ...... 21
5.2 The resettlement principles...... 21
5.2.1 Minimization of migrants principle...... 21
5.2.2 Equivalent compensation principle...... 21
5.2.3 Keystone preferential principle...... 22
5.3 General Scheme of the Migrants Resettlement...... 23
5.3.1 The layout of residence rebuilding...... 24
5.3.2 Production restoration scheme...... 25
5.3.3 Organizatio and management of the removal implementation...... 26
5.3.4 Training programme ...... 26
5.3.5 The utilization of resettlement fund and security guarantee...... 26
5.4 The resettlement scheme of the individually-owned business ...... 28
5.5 The resettlement scheme of the enterprises...... 28
5.6 The removal and rebuiding plan of the special facilities...... 28
6.Public Participation and Information Publication...... 29
6.1Public participation modes...... 29
6.2 Process of public participation...... 30
7. Appeal...... 32
7.1 The appeal-accepting organization...... 33
7.2 Appeal procedure...... 33
8. Institute Organization and Duties...... 35
8.1 Executing organ...... 35
8.2 Implementing organ...... 35
8.3 Coordination organ ...... 36
8.4 Internal supervision organ ...... 36
ii 8.5 External supervision organ...... 37
9. Plan Implementation...... 38
9.1 Implementing procedure...... 38
9.1.1 Land requisition and compensation...... 40
9.1.2 Production resetting and restoration...... 41
9.2 Progress arrangement...... 42
10. Budget and Source of Funds...... 43
10.1 Estimation of removal and resettlement fees ...... 43
10.2 Source of fund...... 45
10.3 Fund appropriation...... 45
11. Monitor and Evaluation...... 48
11.1 Inner monitor...... 48
11.2 Exterior monitor...... 48
12.Table of Rights and Interests...... 50
APPENDIX: Migrants Removal Plan on Xi’an Urban Road Network Improvement Project Migrants Removal Plan on Huxian County Urban Road Network Improvement Project Migrants Removal Plan on First Stage of Weiyang Palace Han Dynasty Road Protection Project Policy Framework on Migrants Removal of Xi’an Public Traffic Improvement Project Migrants Removal Plan on Xi’an Urban Air Pollution Comprehensive Supervision and Prevention Project VI Migrants Removal Plan on The bus hub of urban south Improvement Project
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Purpose of Resettlement Action Plan and Definition of Resettlement Terms
Resettlement Action Plan (RAP) is made according to relative State and local laws and regulations of People’s Republic of China and a series of articles or clauses in the World Bank Operational Polices for Involuntary Resettlement OP4.12. The purpose of the document is to “formulate an action plan for the resettlement and recovery of project affected persons to ensure that they will benefit from the project and enjoy a better life or to at least maintain their former life standards after the accomplishment of the project.” The acquisition of land and other properties involved in the projects will affect those who work or live on the land. The Project Affected Persons (PAPs) is defined as following: The so-called Project Affected Persons refers to those whose living standards have been or will be influenced negatively because of the implementation of the project, or those whose house ownership, rights or interests, land (including house site, farmland and pasture) or other personal estate or real estate have been acquired or occupied temporally or for a long time; or those whose business, profession, work, residence or habit have been affected negatively. The Affected may be individuals or legal persons like corporations or public agencies. In the definition of the Project Affected Persons, no restriction is posed on their lawful registration, permit for life or business scope in the affected area, nor is the compensation for their properties restricted. The affected persons include: (1) All the affected persons regardless their lawful rights, interests, and their presence during acquisition of their properties. (2) Those with no residence permit in particular districts. Compensation should be conducted to all the persons affected by the Project to improve or at least maintain their living standards. Besides, compensation should be conducted for the lost properties by their replacement cost, rather than by depreciation or other excuses resulting in the decrease or discount of compensation amount. All those affected by the Project should gain rights and interests from the influence of the project. Furthermore, besides compensation on the loss of their properties, subsidy should be granted for their recovery. With regards to those persons
i who run businesses, reclaim land, or construct without permit of properties, rights and interests, or legal residence but are affected by the Project, they should be treated the same as those with formal legal properties, rights and interests, and permits, and they are qualified to renew their lives and gain compensation for properties. Definition to “Resettlement” Resettlement refers to the arrangement for the PAPs in terms of production and lives for their benefits from the project. It mainly includes: (1) Relocation of living sites; (2) Reemployment of those affected in terms of their work; (3) Recovery (or compensation) for the affected land, working place, trees and infrastructure, etc. (4)Recovery work conducted for those negatively affected in terms of their living standards or (life quality) because of acquisition and resettlement. (5) Recovery or compensation for individuals or public enterprises; (6) Recovery for the negative influence in terms of culture or collective properties. Definition for “Recovery” Recovery means to renew the abilities of PAPs to continue their productivities or to lift or at least maintain their lives to the level prior to the Project. The purpose of the RAP is to provide a resettlement recovery plan for the PAPs to make their loss compensated and their living standards improved or at least maintained to the level prior to the Project. To achieve this goal, recovery measurements have been provided in the plan to recover the income of the PAPs for them to sustain their life. Likewise, the affected business and productive resources (including shops and enterprises), public properties, infrastructure and cultural properties will also be improved or at least recovered to the previous level.
General Report on Migrant Resettlement Plan
1.General
1.1 Purpose of the project construction
The lag of municipal transportation in Xi’an city is the prominent problem in the economic and social development and is also a handicap in raising the residents’living standard. Especially in the recent years, with the 3rd Ring-Road system completed, the new traffic problems caused by urban expansion, rapid development of economy, increasing numbers of vehicles and people’s individualized demands for the transportation are becoming more serious. In order to bring in the international advanced managing ideas of municipal transportation, the technology and the fund, improve Xi’an municipal comprehensive transportation systematically and thoroughly, and to optimize the layout of the city, raise the status of the city, improve the investing environment and quicken the adjusting of the industry, Xi'an municipal government proposed Xi'an Comprehensive Urban Transport Improvement Project. This project aims to improve the environment of Xi'an municipal transportation. It mainly solves problems of incomplete road network in and around the old city, the backward transportation controlling system, preventing and controlling transportation pollution on environment as well as protecting cultural heritage and relics in the old city. The implementation of the project may fundamentally improve Xi'an municipal comprehensive transportation system, alleviate the contradiction between vehicles and roads, improve the air quality, strengthen the protection of cultural heritage and relics in Xi'an city, speed up the adjustment of Xi'an municipal space layout, perfect Xi'an urban overall function promote Xi’an city’s status, improve the environment of investment and residence and meet the need for a rapid and healthy development of economy and society in Xi'an In order to rightly guide the work of land acquisition and migrants removal involved in the implementation of the project and to properly allocate the affected people to make sure that their production and life can be improved or at least restored to the previous level and finally to make them benefited from the project, the proect office of Xi’an Municipal Development and Reform Committee entrusts Shaanxi Social Science Academy with the task to work out plans in terms of the World Bank’s policy on non-voluntary migrants and the proceeding requirements of OP/BP4.12 . The plans include Migrants Removal Plan on Xi’an Urban Road Network Improvement Project, Migrants Removal Plan on Huxian County Urban Road Network Improvement
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Project, Migrants Removal Plan on First stage of Weiyang Palace Han Dynasty Road Protection Project, Migrants Removal Plan on Urban Air Pollution Comprehensive Supervision and Prevention Project Xi’an and Policy Framework on Migrants Removal of Xi’an Public Traffic Improvement Project. Migrants Removal Plan on The bus hub of urban south Improvement Project This report is a collection of the above 6 reports
1.2 .Project background
As the capital city of Shaanxi province, Xi’an is one of the four major ancient capitals in the world, enjoying equal fame with Athens, Cairo, and Rome. Xi’an was once the capital of thirteen dynasties in Chinese history, including Zhou, Qin, Han, and Tang. Xi’an City is in the middle of Guanzhong Plain, between 33°42 34°46 north latitude, 107°40 109°49 east longitude, and with Qinling Mountain in the south, Weihe River in the north. The maximum length from east to west is 204km, and the maximum length from south to north is 116km. It has an overall area of 10108 km2, of which the urban area is 3582 km2. The total population of Xi'an is 8.23 million, including 7.5311 million resident population and 207.04 households, which make a population density of 814 persons / km2. Now Xi’an has jurisdiction over 9 districts and 4 counties, namely Xincheng District, Beilin District, Lianhu District, Baqiao District, Weiyang District, Yanta District, Yanliang District, Lintong District and Chang’an District as well as Lantian County, Zhouzhi County, Huxian County and Gaoling County. In recent years, with the revival of Xi’an Royal City, the protection of heritages and relics, the synthesized development of Xi’an-Xianyang, and the northward move of the municipal center, the urban framework of Xi’an is expanded further and the urban function is also well improved. Centered on the nucleus city and expanding along a “ ” shaped transport framework leading to Lintong in the east, to Xianyang in the west, to Sanyuan in the north, to Yanliang in the Northeast, to Lantian in the Southeast, to Huxian in the Southwest and and to Empty Harbor in the Northwest, the whole city is forming a Nine-palace Pattern relying upon the strategic “One-city but Multiple-core” pattern. Now Xi’an is the first largest centre city and a technology-education center in middle-west China. It holds a leading position in the fields of applied technologies, such as aviation, aerospace, weaponry, electronics, machinery, communication, meter,
2 General Report on Migrant Resettlement Plan optics, light and textile industry and electrical equipment. It is China’s manufacturing industry center, inland transportation and communication center, material circulating and trade and commerce center, as well as a historical and cultural tourism center. In recent years, taking the opportunity of developing the west and guided with the urban development idea of internationalization, market, humanization and ecology, Xi’an has developed robustly with its advantages in superior geographical position and industries, such as science, technology, education, culture, equipment manufacturing and hi-tech industries. At present, the layout of “four zones and two bases” has taken shape, which includes the High-tech Industrial Developmental Zone , the Economic- technological Developmental Zone , the New Qujiang Zone and the Canba Ecological Zone as well as Yanliang National Aviation Hi-tech Industry Base and Xi’an Aerospace Science and Technology Industry Base. 6 leading industries, such as High- new-tech industry, equipment manufacturing industry, tourism industry, modern service industry and cultural industry, etc. have been important powers supporting Xi’an’ economy. In 2006, the GDP of Xi’an reached up to RMB 145.002 billion Yuan. Per capita GDP was RMB 17794 Yuan. Compared with the previous year, the primary industry, secondary industry and tertiary industry were respectively increased by RMB 7.073 billion Yuan, RMB 61.526 billion Yuan and RMB 76.403 billion Yuan. The annual salary for employed workers was RMB 20316 Yuan, Urban Resident’s Disposable Income was RMB 10905Yuan, Farmer’s Per Capita Disposable Income was RMB 3809 Yuan. Per capita room area for urban resident and farmer were respectively 23.15 and 40.05 . The total amount of social fix-asset investment reached up to RMB 106.662 billion Yuan, of which RMB 1.004 billion Yuan was invested in primary industry, RMB 21.343 billion Yuan in secondary industry, and RMB 74.837 billion Yuan in tertiary industry. The yearly investment on “four zones and two bases” was 28.944 billion Yuan, of which 13.696 billion Yuan was invested on High-tech Industrial Developmental Zone, 8.192 billion Yuan on the Economic-technological Developmental Zone, 5.162 billion Yuan on the New Qujiang Zone, 1.297 billion Yuan on the Canba Ecological Zone and 0.615 billion Yuan on Yanliang National Aviation Hi-tech Industry Base.
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1.3 Contents of the project
The project is made up of 6 sub-projects, namely Road Network Improvement Project, Public Transport Project, Traffic Management Improvement Project, Urban Air Pollution Comprehensive Supervision and Prevention Project, Cultural Heritage Protection and Capacity Construction (Technological Aid) Project. There are 4 sub-projects involving migrants removal. They are Road Network Improvement Project (including Xi’an City Road Network Construction Project and Huxian County Urban Road Network Construction Project), Public Transport Project, Urban Air Pollution Comprehensive Supervision and Prevention Project, Cultural Heritage Protection (First stage of Weiyang Palace Han Dynasty Road Protection Project). ¾ Road Network Improvement Projec
c Xi’an City Road Network Construction Project 6 interchanges(comprehensive traffic controlling project of South Gate and South Huancheng Road, Yuxiang Gate interchange, East Gate interchange, East 2nd Ring Road-North 2nd Ring Road interchange, East 2nd Ring Road- South 2nd Ring Road interchange and Taibai South Road-Zhangba Road interchange) 4 overpass and underpass (Beidadai-Xihuamen underpass, Beidajie-Xiqilu underpass, Youyilu-Wenyilu ring overpass and Youyilu- Taibailu ring overpass).
d Huxian County Urban Road Network Construction Project 4 roads, namely Meibei Road ,Lvgong Road ,Xincheng Road and Dongcheng Road. 1 interchange , at Lvgong Road crosses through Xi’an-Yuxia Railway.
¾ Public Transport Project
The proposed project includes13 public special routes with a length of 128.43km. These ten routes are: Red Flag Factory-Taihua Road-East Ring Road-Taiyi Road-Qujiang, Zhuhong Road- Xinghuo Road-West Ring Road-Taibai Road, Keji Road-Xixieqi Road-Jixiang Road-East Xiaozai, Xilu Road-Xiying Road, the whole Youyi Road, the whole Laodong Road-Gaoxin Road, Jiefang Road-Heping Road-Dayan Pagoda, Hongguang Road-Fenggao Road-Xiguanzheng Street-East and West Street-Shiyuan Road-Huzhu Road-Hansen Road, Hancheng Road-North Zhangba Road, the
whole Xingqing Road, Weiyang Road-South and North Street-Chang’an Road. east Zhangba
Rd(Xiwan Rd-Zhuque sreet) Middle Xianning Rd-west Xianning Rd-east of south Ring Rd-west of
south Ring Rd-Fengqing Rd Zhuque Rd(east Zhangba Rd-Zhuque Rd)
There are 2 public transport hubs, Textile City Station Hub and City South Station Hub. The
4 General Report on Migrant Resettlement Plan only preservation yard is the newly-built preservation yard in North outskirt..
¾ Traffic Management Improvement Project
The project includes 8 aspects: Regional Traffic Controlling System,Traffic Channelling at crossings, Road Traffic Monitoring System, Comprehensive Traffic Guiding System, Information System Building, Accident Analysis Software\ Accident Checking and Rescuing equipment\ Traffic Safety Program, Road Signs and facilities\Traffic information boards on roadside\Traffic breaddown auto-examining equipment, and Road users’ education\ Parking lot improvement\ Passengers and bicycles traffic system improvement.
¾ Urban Air Pollution Comprehensive Supervision and Prevention Project
The project includes 4 large systems and a center, which respectively are Urban Transport Pollution Discharge Monitoring and Controlling System, Environment and Air Quality Examining System, Air Quality Information Management and Data Analysis System, Supporting and safeguarding System, and the Environment and Air Supervision Center of Xi’an City.
¾ Cultural Heritage Protection Project
c Project of Bicycle Road Network inside the city wall of Ming Dynasty By constructing and rebuilding the bicycle lanes in and around the city wall of Ming Dynasty, the problem of vehicles and non-motor vehicles running in disorder in alleys can be solved. The project is planned to be extended to a large area inside the 2nd ring road.
d First stage of Weiyang Palace Han Dynasty Road Protection Project 5 Han Dynasty roads planned to be built under protection, namely East-west Road north of the front palace, East-west Road south of the front palace, South-north Road east of the front palace, Huantu Road inside the city wall of Han dynasty, Street outside Xi’an Gate.
¾ Capacity Construction( technological aid) Project
The project mainly deals with personnel training and soft subject research. The latter includes 10 soft items, such as transport programming, parking strategies, Public transport rules, Public transport reform study, plan and analysis of the financial resource, etc.
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1.4 Measures to reduce migrants
Xi’an Urban Comprehensive Transport Improvement Project involves 6 big sub- projects, each of which includes many branch projects. In the designing process, the relevant designing units optimize and compare various plans, and on condition of meeting the need of the project, try to choose the plan with minimal migrants so as to fundamentally reduce the amount of migrants. In order to occupy less farmland, roads, interchanges and other occupied land, larger servicing facilities are designed trying to avoid the farmland and the residential area. At the same time, by optimizing the implementing design, limiting the time of project and reasonably arrange time intervals of demolition and construction, we can reduce the migrants property loss as far as possible. For example, the house demolition and relocation and the reconstruction are generally arranged in the free season and the land utilization generally after the harvests.
1.5 Policy Goals of this report
z Take engineering, technological and economic measures to avoid or reduce the amount of land acquisition, house demolition, migrants and objects; when the land acquisition and house demolition is unavoidable, take effective measures to reduce the impact on the local production and life. z Make demolition & relocation object index and economic subsidy standard the base for the migrants resettlement, aimed to improve or at least restore the migrants production and life to the previous level. z Promote technology and skill training for the jobless and hard-living migrants and provide plentiful job opportunities. z Encourage the migrants and the residents in the resettlement area to take part in the program of removal and resettlement. z Accept the labor of the migrants and the residents in the resettlement area, encourage them to take part in the construction and make them enjoy the benefits of the project.
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2. Analysis on the Affected Object Index by the Project
From October 2005 to December 2006, with the participation and help of leaders from local governments , administrative villages and villager teams at all levels and the migrants, the concerned techincians from the project designing unit divided into 5 investigating groups , made a survey on the main object index, including the affected persons, houses and attachments, land, and special establishments. Table2-1 shows the main object index affected by Xi’an urban comprehensive transportation improvement project. At this stage, the permanently required land area and demolishion area will be adjusted and located by measure on the spot according to the report of each sub-projects. The areas will be partially adjusted with further designation.
Table 2.1 List of the objects affected in Xi’an urban comprehensive transportation improvement project.
Sub-project Project of Xi’an city Huxian Weiyang comprehensive The bus types road network County road Palace Han hub of total supervision, urban construction construction Dynasty control and south item road prevention protection
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protection against air
pollution in
Xi’an city
State-owned / 78.95 / 93.24 / 172.19 land mu Land acquisition Collective land mu 20 919.7 213.9 60 38.108 1251.708
Sub-total mu 98. 95 919.7 307.14 60 38.108 1423.898
household 11084 10991 9000 / 31075 houses m2
Houses to houses for be enterprises(workshops) 10342 9863.1 21000 / 41205.1 demolished m2
Sub-total m2 21426 20854.1 30000 / 72280.1
electric poles 382 / / / 382
Roadside trees 3239 / / / 3239
attachments Fruit trees / / 12000 / 12000
Other trees / / 9000 / 9000
Fish pond mu / / 3.4 / 3.4
Affected Land acquisition affect 75 / / 67 276 418 population (person)
House demolition of
households affect 195 315 157 / 667
(person)
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House demolition of
non-households affect 560 135 34 / 729
(person)
Sub-total (persons) 755 450 258 276 1814
2.1 The affected land
The project involves permanent land acquisition1423.898mu, state-owned land 172.19 mu , collective land1251.708mu, as is shown in the following table 2.2. Table 2.2 List of the impact on permanent land acquisition unit mu category Area of the Items State-owned Collective acquired land land land
Xi’an city road network construction 98.95 78.95 20
Huxian County road construction 919.7 / 919.7
Weiyang Palace Han Dynasty road 307.14 93.24 213.90 protection (first stage)
The bus hub of urban south / 38.108
Project of comprehensive supervision, control and prevention against air 60 / 60 pollution in Xi’an city
Total
2.2 The affected houses for households
Three sub-projects of the project involve demolition of houses for households. The total area of the demolition reaches31075 square meters, including 11084 square meters for the Xi’an city Road Network construction, 10991 for the Huxian County Road construction and 7600 for the first period project of protection of Weiyang Palace Han Dynasty Road project. For details sees table 2.3.
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Table2.3 List of the affected houses for households Area of household houses m2 item Brick- Brick- Earth- subtotal simple concrete wood wood Xi’an city road network 11084 11084 / / / construction Huxian County road 10991 8111 1495 1385 / construction Weiyang Palace Han Dynasty Road 9000 6500 1500 / 1000 Protection project (first stage)
total 31075 25695 2995 1385 1000
2.3 The affected non- household houses
Four sub-projects involve demolition and resettlement of the non-household houses, the area of which reaches 41205.1.1square meters, including 10342 square meters for the Xi’an city road network construction, 9863.1 for the Huxian county road construction, 21000 for the first period of Weiyang Palace Han Dynasty road protection project and 800 for the Project of comprehensive supervision, control and prevention against air pollution in Xi’an city. For details sees table 2.4.
Table 2.4 Impact on non- household houses
Area of houses for enterprises(workshops) m2 item Brick- Sub-total Brick-wood simple concrete Xi’an city road network 10342 9912 270 160 construction Huxian County road 9863.1 9863.1 / / construction Weiyang Palace Han 21000 21000 / / Dynasty Road Protection
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Area of houses for enterprises(workshops) m2 item Brick- Sub-total Brick-wood simple concrete project (first stage)
total 41205.1 40775.1 270 160
2.4 The affected Enterprises and units
There are altogether 9 enterprises and units affected by the project ,of which the Huxian County sub-project affects 1, the Road network project affects 7 and the WeiYang Palace project affect 1. According to the investigation on the spot, only a small part of the buildings of the affected enterprises and units need to be demolished and removed, which will not affect their normal production and operation. For details, see the attached reports of each sub-project.
2.5 The affected individually-owned business
Two sub-projects involve 114 individually-owned businesses. Xi’an city road network construction affects 88 and HuXian sub-project affects 26. For details see the attached reports of each sub-project.
2.6 The affected over-ground attachment
Three sub-projects involve ground attachment and public facilities, including Xi’an city road network construction, Weiyang Palace Han Dynasty Road Protection project and HuXian County road facilities construction project. For details see table 2.5. Table 2.5 Influenced over-ground attachment and public facilities in the construction of the Xi’an city comprehensive traffic improvement project.
Weiyang Palace Xi’an city Han Dynasty road network total items Road Protection construction project
Electric pole 382 / 382
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Roadside tree 3239 / 3239
Fruit tree / 12000 12000
Fish pond / 3.4 3.4
other tree / 9000 9000
2.7 The affected population
Four sub-projects involve land acquisition, house demolition and removal, which will affect 1814 persons. Xi’an city road network construction project involve 755 persons, Huxian County road construction project involve 450 persons, Weiyang Palace Han Dynasty road protection project (first stage) 258 persons and Comprehensive supervision, control and prevention against air pollution project in Xi’an city 276 persons, The bus hub of urban south75 persons.as is shown in table 2.6.
Table 2.6 The Affected Persons
Types of land acquisition and items Affected persons house demolition
Xi’an city road House demolition of households 195 network House demolition of non- 560 construction households
project Sub-total 755
Huxian County House demolition of households 315 road House demolition of non- 135 construction households
project Sub-total 450
Weiyang Permanent land acquisition 67 Palace Han House demolition of household 157 Dynasty road House demolition of non- protection 34 project (first household stage) Sub-total 258
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Types of land acquisition and items Affected persons house demolition
Comprehensive Permanent land acquisition 276 supervision, control and prevention
against air Sub-total 276 pollution project in Xi’an city
The bus hub of Permanent land acquisition
urban south Sub-total
Total
2.8 The affected population of minorities
It is investigated on the spot that there are no minorities involved in the project.
2.9 The affected weak group
It is investigated on the spot that there hasn’t been any weak group found at this stage which need special support. However, to take into account the potential natural disaster and other unpredictable factors, 20% of the removal households are temporarily taken as the weak group and are to be supported with proper subsidy. The actually affected weak group will be further confirmed by analyzing and comparing the data offered by the local administrative department. Off course, the self objective condition such as the family member structure, the labour force employment and the family resources are also considered. Once some affected families are confirmed as the weak group, they will be offered special help during the progress of the removal and resettlement. For example, they will be offered proper favour and care on the house building, resource allocation, e.t c.
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3. Law and Policy
3.1. Laws and Regulations of People’s Republic of China
The Law of Land Administration of the People’s Republic of China (came into effect on AUG.28, 2004) ; The Implementation Regulations of the Land Management Law of the People’s Republic of China (came into effect on AUG.28, 2004) The Law of People’s Republic of China on Urban Real Estate Administration (came into effect on Jan.1, 1995) Regulations for Management of Urban House Demolition (came into effect on Nov.1, 2001)
3. 2 Regulations and Policy of Shaanxi Province
Measures of Shaanxi Province on Implementing the The Law of Land Administration of the People’s Republic of China (took into effect on Jan.1, 2000) Measures of Shaanxi Province on Implementing the The Law of Land Administration of the People’s Republic of China (took into effect on Jan.1, 2000) Rules for the Protection of Basic Farmland (took into effect on Apr.4, 1996) Measures of Unified Land Acquisition of Shaanxi Province for Construction Project (took into effect on Mar.1, 2002) Shaanxi Provincial Regulations on Management of Urban House Demolition Compensation (came into effect on Dec.1, 2003)
3.3 Regulations and Policy of Xi’an
Temporary Regulations on Xi’an Urban House Demolition Assessment (took into effect on Jun.10, 2004) Detailed Rules for Implementation of Urban House Demolition in Xi’an (took into effect on Jun.10, 2004) The fourth Master Plan of Xi’an City 2003-2020 Master Plan of Huxian County
3.4 Policy of World Bank
World Bank Operational Policy OP4.12 Involuntary Immigration (Dec. 2001)
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World Bank Operational Policy OP4.12—Annex Table 1 Involuntary Immigration.
3.5 Resettlement Policies on migrations of the Project
The resettlement policy on migration implemented by the Project is made in terms of related regulations and laws formulated by People’s Republic of China, Shaanxi Provincial People’s Government, Xi’an Municipal People’s Government, and the World Bank.
3.5.1 Policies on compensation for Permanent land acquisition
1 For those whose land is acquired, compensation shall be paid in terms of the primary function of the acquired land. The compensation fee of land acquisition shall include land compensation fee, resettlement subsidy and compensation fee of over-ground objects which are attached to the land and young crops. And the compensation fee of over-ground attachments and young crops shall be given to their owners, but the young crops compensation will not be given to whose land without young crops. 2 The compensation fee for farmland acquisition shall be paid as many as nine times of annual average production value of the previous three years. Land compensation belongs to the village collective organization, therefore should be given directly to the committee of villagers to be used to develop production and restore the economic condition of the people who are affected. 3 The relocation subsidy for farmland acquisition shall be calculated by six times of annual average production value of the land. Resettlement allowance is given to the committee of villagers or the villager groups which are affected. 4 If the land compensation and resettlement subsidy based on the previous article cannot make the villagers required settling remain their original living standard, more compensation can be added with the approval of the provincial people’s government, but the total amount cannot surpass thirty times of the average annual production value of the land prior to the land acquisition.
3.5.2 Principles of migrants resettlement for land acquisition