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 ...... 14

3. 2 Regulations and Policy of 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

iii General Report on Migrant Resettlement Plan

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 functionpromote 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

1 General Report on Migrant Resettlement Plan

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 ProjectThis 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, , Han, and Tang. Xi’an City is in the middle of 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 , Beilin District, , , Weiyang District, , , and Chang’an District as well as , , 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-, 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.

3 General Report on Migrant Resettlement Plan

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, 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.

5 General Report on Migrant Resettlement Plan

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.

6 General Report on Migrant Resettlement Plan

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

7 General Report on Migrant Resettlement Plan

protection against air

pollution in

Xi’an city

State-owned / 78.95 / 93.24 / 172.19 landmu Land acquisition Collective landmu 20 919.7 213.9 60 38.108 1251.708

Sub-totalmu 98. 95 919.7 307.14 60 38.108 1423.898

household 11084 10991 9000 / 31075 housesm2

Houses to houses for be enterprises(workshops) 10342 9863.1 21000 / 41205.1 demolished m2

Sub-totalm2 21426 20854.1 30000 / 72280.1

electric poles 382 / / / 382

Roadside trees 3239 / / / 3239

attachments Fruit trees / / 12000 / 12000

Other trees / / 9000 / 9000

Fish pondmu / / 3.4 / 3.4

Affected Land acquisition affect 75 / / 67 276 418 population (person)

House demolition of

households affect 195 315 157 / 667

(person)

8 General Report on Migrant Resettlement Plan

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.

9 General Report on Migrant Resettlement Plan

Table2.3 List of the affected houses for households Area of household housesm2 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

10 General Report on Migrant Resettlement Plan

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

11 General Report on Migrant Resettlement Plan

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

12 General Report on Migrant Resettlement Plan

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.

13 General Report on Migrant Resettlement Plan

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)

14 General Report on Migrant Resettlement Plan

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

1For the villagers whose production and living mostly depends on farmland losing the most land owing to demolition & relocation and land acquisition can choose changing from peasant to non-peasant voluntarily. Their registered permanent residence can change to city residents and will be brought into city social insurance.

15 General Report on Migrant Resettlement Plan

They can also be protected by low income protection policy and be resettled by government to take up an occupation in an enterprise in town. Or these peasants can set up village enterprise, agriculture byproducts processing factory, etc. In addition, they can undertake the third-industry after training, for example restaurant, business, repairing, transportation, production service (such as agricultural products providing), living service (such as hairdressing, housework, removing, etc). For the villages possessing of land can make other choices according to the will of migrants. The government can admeasure them farmland with considerable acreage and fertility to help them renew production, adjust planting configuration, increase production value of farmland and improve living standard finally. 2For the villager whose production and living does not depend on land losing most of their land because of demolition & relocation and land acquisition can choose to non-peasant either. They will have work position in village enterprise arranged by town government or undertake the third industry after training, for example restaurant, business, repairing, service, etc. For the people who want to leave to find a job outside the village government can provide them employment training, agricultural skill training and labour force supply and need information according to the need. 3For the peasant losing a few of land owing to demolition government will help them adjust industry configuration combined with socialism new country construction and “one village one products” development. Adjust planting structure and variety structure according to market and local layout. Confirm a certain main products and drive industrialization step by step. Realize the improving of peasants’ living standard through strengthen “one village one products”. 4All labour force influenced by the project will be relocated appropriately.

3.5.3 Principle on resettlement for rural relocated residents

As for the rural houses affected by the Project, two ways are adopted to undertake relocation work based on intention of affected peasant households: 1Monetary compensation Compensation shall be paid in terms of replacement cost. See details of compensation Policy in related laws ,regulations ,and compensation standards in Chapter V.

16 General Report on Migrant Resettlement Plan

Based on the investigated opinions and the practicality, Huxian County urban road facilities construction project is mainly compensated in moneytary form. The rest two projects compensation forms will be selected freely according to the villagers’ intention. 2Exchange of property rights Provided that the demolished household is unwilling to accept monetary compensation, then they can take the compensation according to the way of Exchange of property rights. The resettlement shall be done by balance out between the real estate market price of demolished house and the real estate market price of relocation house. See details from related laws and regulations.

3.5.4The resettlement principle of demolished and Relocated shops and enterprise

The government department which will demolish enterprises will make comprehensive technological economical analysis resettlement scheme of each enterprises which will be demolished. For the enterprises influenced by the demolition should try to rebuild and renew operation and production on the spot on condition of matching production. If the enterprises can not renew the production scale on the spot they have to rebuild in other position. Try to demolish and build by themselves, avoid or reduce stopping production. The project department will deliver proper and near place or industry district to enterprises for resettling by cooperating with city planning department. The resettlement position will be confirmed according with city planning by the treaty between the enterprises influenced by demolish and project department. Resettle the industry enterprises which will be relocated in other place as early as possible. Start rebuilding in advance. For the marketplaces and shops local government can arrange resettlement place exclusively or offer them transition expanses. These markets will be rebuilt on the old place or near the old place after the accomplishment of the project.

3. 5.5 Policy on affected over-ground objects attached to the land

The affected infrastructure and over-ground attachments shall be paid in terms of replacement cost principle.

17 General Report on Migrant Resettlement Plan

4 .Compensation standards

4.1Land requisition compensation standards

Table 4.1 Permanent land compensation rates Land types Collective land State-owned (Yuan / mu) land Land Yuan / mu Resettlement Young crop compensation subsidies compensation Subitems name fee Xi’an city road network 100000-120000 48000 32000 / construction Huxian County road / 12240 6800 960 construction Weiyang Palace Han Dynasty / 38160 25440 / road protection Project of comprehensive supervision, control and / 10000 17333.3 / prevention against air pollution in Xi’an city The bus hub of urban south    

18 General Report on Migrant Resettlement Plan

4.2 Compensation standards for residential housing

Table 4.2 Compensation standards for residential housing Compensation standards Other grants Brick- Brick- Temporary Subitems Earth- concrete wood Move grants relocation name wood yuan/ yuan/ yuan/ yuan/households yuan/month m2 m2 m2 m2 Xi’an city road 1600 / / 500 / network construction Huxian County 450 260 150 500 2.5 road construction Weiyang Palace Han 900- 850- Dynasty 700-900 500-1000 / 1100 950 road protection

4.3 Compensation standards for non-residential housing

Table 4.3 Compensation standards for non-residential housing Compensation standards Other grants Structure Brick- Brick- Appurten simple Move grants concrete wood ances Subitems name yuan/ yuan/ yuan/ yuan/ 2 yuan/ 2 m 2 Households m m2 m Xi’an city road 4200- 4000- network 5400 / 500 5500 5300 construction Huxian County road 420 320 500 construction Weiyang Palace Han 1000- / 500 Dynasty road 1100 protection

19 General Report on Migrant Resettlement Plan

4.4 Public facilities and ground fixtures compensation standards

Table 4.4 Public facilities and ground fixtures compensation standards Compensation standards categories Units Xi’an city road network Weiyang Palace Han construction Dynasty road protection Electric pole yuan/pole 3000 /

Roadside tree yuan/tree 500 /

Fruit tree yuan/tree / 130-170

Other tree yuan/tree / 17-25

Fish pond yuan/mu / 18000-22000

20 General Report on Migrant Resettlement Plan

5. Proposals for Migrants’ Work and Life Resuming

5.1 The resettlement target

The resettlement target of this project is to ensure the compensation return of the migrants’ whole loss, reasonable resettlement and good resume, making them share the benefit of the project and provide them assistant for their temporary difficulties. Through this project, their income level, living standard and the production and profit capability of enterprises can be increased or at least resumed to the comparatively high level before removal or before the project starts.

5.2 The resettlement principles

5.2.1 Minimization of migrants principle

On the basis of meeting the designing requirements, plans are optimized as well as possible to reduce land acquisition, house demolition and the impact of the project and thereby reduce the number of migrants to the minimum. Besides, non-farm land is primarily selected for the project to decrease the impact on the migrants production and income.

5.2.2 Equivalent compensation principle

In order to complete well the land acquisition, house demolition and resettlement and to prevent the decrease of immigrant living standard, we carry out the equivalent compensation principle, which includes two aspects. First, all property is compensated by its purchasing cost; second, other loss is compensated equivalently, that is, how much loss, how much subsidy.

1. Ensure that the units or individuals affected will improve or at least restore to their original standard of production and living as soon as possible.

2. Those who lose houses should gain new residence and should be resettled nearby.

3. The compensation criteria, the location of new residence, area and standard of new residence should be formulated after opinions from all people involved are

21 General Report on Migrant Resettlement Plan considered; houses removed should in principle be built by villagers themselves; if difficult, the local government or the committee of local residents should help.

4. When the houses affected are assessed, the compensation for all property will be calculated with the present price of replacement, and no depreciation is considered.

5. Land should be reallocated to ensure those who lose land regain land.

6. The mellow soil of land for temporary construction use should be reserved. When the construction is finished, the mellow soil can be returned to restore the land.

7. Land acquisition and resettlement must be finished at least one month before the construction starts, otherwise, the construction can not start.

8. According to the 16th article of Protective Regulations of Basic Farmland, if land for construction use includes land reserved for agricultural use, equal area of land should be opened up. If there’s no land to be opened up, or the land opened up can’t meet the required standard, corresponding fees should be turned in according to The Land Management Law of the People’s Republic of China.

9. The public-owned or private-owned houses or buildings, if removed, can be compensated in two ways: one is ownership of new residence and the other is monetary compensation. The price of the old houses or buildings and the accessories will be assessed by the relevant department of Administrative Department of Real Estate of Xi’an City. The basic price of removal compensation (including resettlement allowance, transition allowance, house-moving allowance and other allowances) is decided according to the classification of buildings (for residence, business and non- business use). The environmental regulating rate is decided according to the location and the classification of buildings (for residence, business and non-business use).

5.2.3 Keystone preferential principle

1 The project will focus on the impact of the removal on the migrants previous caste and social network, trying as hard as possible to plan a whole removal to maintain the integrity of the previous community. 2 The project will focus on the migrants difficulties during and after the removal. The project office will urge the local street office or the exploiting business to build the villagers committee or owners committee as early as possible at the new residence without such organizations, so as to help the migrants syncretize in the new community. As to the shops and

22 General Report on Migrant Resettlement Plan

working units willing to remove, their temporary loss due to the change of surroundings will be compensated by the project too. 3 The project will focus on weak groups (old people without adult offspring living together, widows, single-parent family, disabled, chronic patients and poor family), which will be offered preferable policy in residence, employment,etc. when they remove. And a regular visit and aid for special difficulty after the resettlement will last till the local administrative department takes charge. 4 The project will plan an open removal. It will manoeuvre power of local government to train the migrants for profession and try to create opportunities for employment, so that the migrants can adapt the environment of the new residence in a short time and become self- dependent in economy and the responsibility for migrants resettlement can be shifted in time from the removal orgnization to the migrants themselves. 5 The project will seek for the maximum of the cost-benefit of the removal. It will try to improve the ability of the removal orgnization, regulate the behavior of the removal work, establish perfect inner-controlling mechanism to prevent the waste, cut, embezzlement and corruption of the fund, reaching the best resettlement result. That is, try to reduce the resettlement cost as hard as possible with the planned effect index, which is benificial to both the migrants and the taxpayers of Xi’an City.

5.3 General Scheme of the Migrants Resettlement

The Project includes 5 sub-projects. In the designing process, each relevant designing units optimize and compare various plans, taking into consideration the execution of land acquisition to the system of local economy, production and life. In order to the plan with minimal migrants so as to fundamentally reduce the amount of migrants. In order to reduce the area of land acquisition and house demolition , and substract the impact of project construction to the local production and life, various plans are to be selected and the construction measures are to be optimized to control the road width and construction scale. Therefore, the project constructon will not cause fatal destroy to the privious production and living system. From Jan.2007 to May. 2007, the investigating team of the migrants resettlement of the project discussed the removal plan with the affected villages through conversaziones. According to the migrants suggestion and the actual condition of the affected area, and after analyzing the migrants resettlement environment capacity of each village, the project office work out the total removal

23 General Report on Migrant Resettlement Plan schemethe migrants affected by each sub-project are resettled at their privious community to maintain their previous production and life style, customs and social stability, which is helpful to enforce their enthusiasm and adaptability in production and life. To decrease the impact of the construction on the migrants production and life, all the village houses are to be demolished and built by themselves. And the waste building materials are at the migrants charge. In production, the farmland is generally adjusted partially in the same villagers team and the resettlement with land to develop agriculture are the main resettling form. At the same time, try to improve the irrigation works, adjust the planting structure and increase the land utilization. Besides, supplemented with adequate economic subsidy, make sure that the migrants can restore and improve their production and living standard.

5.3.1 The layout of residence rebuilding

The migrants affected by the project will be resettled dispersedly or massively in their previous community under the layout of the local town or village construction. A. Ground leveling up The migrants affected by the project will be resettled dispersedly or massively, so they are all supposed to select a house site in their previous village or villagers team. Generally speaking, the geological condition selected by themselves is good. They can build houses on it after leveling up a little. The leveling up of the house site will be carried out by migrants themselves, with their own inclination or organized by the migrants implementing organization of the county (district). B. Public project The project unit is responsible for the construction of facilities in water supply, electricity supply, radio and TV, road and transportation in the resettlement site. C. Community management and migrants house building Because the migrants affected by the project will be resettled in their previous community, the present administrative system won’t change. The migrants still belong to their previous town( street office) and village. In terms of the migrants willing, the new houses will be built before or during the demolishion of the old houses. The house building can be carried out by the migrants themselves or submitted to the qualified construction enterprises, who will build houses with a common criteria. According to the structure and area of the house, the migrants can also get a compensation, which is paid serially with the progress of the

24 General Report on Migrant Resettlement Plan house building. During the house building, the migrants can live in their previous houses in principle. The migrants will possess the old house building material and can deal with it with their own need and the value of old material won’t be subtracted from the house compensation. D. The public serving facilities in resettlement sites. In the construction and land acquisition, no public facilities such as school, hospital, etc. are removed, so there is no need to allocate it. Moreover, the new residence is the same distance away as the previous from the public facilities.

5.3.2 Production restoration scheme

On the basis of the comprehensive analysis of the location, land resource, income structure etc. of the local village and villagers, the removal designing working party will offer direct compensation or take other production restoration measures by asking for opinions of the affected households and the migrants representatives. The production restoration measures are as follows: reinforce the irrigating facilities to raise the ability of repelling disasters; adjust the agricultural structure and meliorate the breeds of economic plants to increase the agricultural output; train the migrants in professional skills and practical technology to raise their ability in employment and self-development. The removal compensation will be all given to the migrants resettled with cash compensation, while the land compensation belongs to the village collectivity. Since the removal plan is worked out by most migrants willing, the project office should try to consult with the migrants when some of them need to be resettled by other plan instead of the village plan. If some migrants in the villages resettled with cash compensation need land to work on agriculture, the county (district) migrants office of should help them to get land. Whereas, if some migrants want to be compensated with cash to work on business instead of agriculture, after submitting a self application and being notarized, they can get a cash compensation equalling to the removal compensation. Because each village is affected differently by the project, and possesses different resource structure,public facility conditions, the removal plan is different with different villages. The removal plan of each village is shown in each attached sub-project report.

25 General Report on Migrant Resettlement Plan

5.3.3 Organization and management of the removal implementation

The implementation of the migrants removal plan is organized and led by the project resettlement leading party. The affected counties (districts) gather members of relevant department to set up the project resettlement office, which is in charge of drawing resettlement policies; propagandizing ,mobilizing, organizing the work of the removal and resettlement. Meantime, the resettlement office is also a main channel for the migrants to reflect their problems. The resettlement office should duly and adequately listen to and collect the migrants opinions and problems, reflect it to relevant directors and tell the migrants the feedback in time.

5.3.4 Training programme

A.Training of migrants cadres In order to better carry out relevant policies of the World Bank on non- voluntary migrants removal and to ensure an orderly progress of the project removal work, the provincial project office plan to organize relevant members of local migrants organizations at all level to inspect and learn from some successful projects home and abroad, so as to improve their professional and managing quality. B. Migrants training of technology and skill In order to create an environment of self-dependence and self-development and to restore or improve the migrants living level in a short time, the county (district) resettlement office will organize the local migrants training in technology and skill, combined with the help from department of labour, social security, finance, education, science and technology and agriculture. The training is supposed to meet the requirements of local rural economic structure adjustment, the change of labour market and the empoying units, and should be pertinently carried out on the principle of practicality and actual effect.

5.3.5 The utilization of resettlement fund and security guarantee

A. The utilization of compensation fund The migrants resettlement compensation fund will be managed and used by the grass-roots economic organization affected by the project. Generally speaking, the house and its attachment compensation and the removal subsidy should be totally used by the affected households, mainly used in building new houses and moving

26 General Report on Migrant Resettlement Plan family possessions; the land acquisition compensation should be managed and used respectively by the town(street), village or villagers team according to the different ownership of the land. It is generally used in the production restoration, surplus labour force settlement and the improvement of basic facilities, etc. The house and its attachment compensation will be paid completely to the affected households, according to relevant policies. The land lacquisition compensation and the labour force resettlement subsidy will be planned as a whole by the town, village or villagers team. Besides being used in the migrants production restoration, on the agreement of the affected villagers team, the fund will also be used in the following aspects: invest in the construction of local basic facilities, which includes reinforcing the farmland basic construction, improving the irrigating facilities, strengthening the countryside road construction and improving the transportation ability. build up the commonweal in the villages invest in the second and third industy to increase the employment opportunity for the countryside surplus labour force. If necessary, some of the fund can be used to set up a venture fund to provide the local villagers with a basic living guarantee. B. The guarantee measures for the compensation fund If the fund is used to develop the second and third industry, the villagers committee and the village CPC committee must first carry out thorough and careful investigation and analysis to make sure the market condition is mature and then submit the proposal to the town (street) government for an approval. Moreover, the proposal can’t be carried out until it is approved by the affected villagers meeting. To prevent the decrease in income level of the affected persons after they are resettled, the management of the new enterprises must be enhanced, including regular inspects and audits on the enterprises and work out their practical problems in time( such as technical instruction, production and sale), and establish necessary regulations to make sure the enterprises develop well. If the investing surroundings change or the investing plan for the second and third industy can’t offer migrants a sound income, the land compensation and labour force resettlement subsidy will be preferably depositted in the bank. The annual interest income will be allocated to the affected families to guarantee their normal living standard. At the same time, the planned investing project will be reevaluated

27 General Report on Migrant Resettlement Plan

according to the present market condition before construction, so that we can decide whether to carry it on or change it.

5.4 The resettlement scheme of the individually-owned business

Because the project is a improvement of the comprehensive road network and when designed tries to avoid the population-densed villages and schools, there are fewer individually-owned business affected. The individually-owned businesses on the roadside are small in scale, running making use of their ground floor or the roadside simply-equipped houses. In the resettlement, their new house site will be preferably located at the crossway or on the roadside of the rebuilt road, so as to increase their customers to maintain their previous turnover, steady the income resource and prevent the fall of their living level. The roadside shops will be resettled at the proper place in the city with the owner willing, either selected by the owners themselves or directed by the government.

5.5 The resettlement scheme of the enterprises

According to the investigation on the spot, only 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. So, there is no need to remove and resettle.

5.6 The removal and rebuiding plan of the special facilities

The affected special facilities are mainly the electric and communicating wire and pole facilities along the road. The electric and communicating wire affected can be rebuilt as follows: when the previous wire intersects with the road, the pole can be highered to make the wire across the road; when the previous wire is along one side of the road, more transfering towers or poles should be built; the affected communicating wire will be all piped under through the road to be protected, and the wire will be partly changed if necessary. The rebuilding of special facilities are all planned and carried out by every relevant professional units. The project construction units will negotiate with directing department of each special facility about the fulfilment of the corresponding compensation fund.

28 General Report on Migrant Resettlement Plan

6.Public Participation and Information Publication

6.1Public participation modes

According to municipal, provincial and national policies and regulations as regards the policies and regulations on relocation and resettlement, in view of the protection of lawful rights of migrants and units being removed and the reduction of disputation and dissatisfaction, as regards the relocation and resettlement of the Project and better planning for the resettlement of migrants, and well implementation of organizational assignment to realize the goal of settling the migrants properly, great attention will be paid to the participating and consulting of migrants as well as to the widespread listening to the suggestions of migrants. At the stage of project preparation, to study the feasibility of the project, project office and designing unit have discussed with local authorities, NPC, PCC, mass communities, town (street) government and

29 General Report on Migrant Resettlement Plan representatives of people publically. During the process of migrants settlement, project office also adopts the opinions of the local authorities and representatives of mass migrants about the migrants settlements and policy of compensations. With the help of local governments, the composition of RAP of the branch projects has been finished. At the stage of projection application, different organizations of migrants settlement will encourage people to participate in migrants settlement and production recovery and reestablishment. See details of the public participation and information publicity in the attached reports of each sub-project.

6.2 Process of public participation

During the process of RAP’s preparation and composition, local government and migrants take part in the following works: (1) When studying the factual effect of project and relocation, local migrants settlement office, village and village team, representatives of migrants have participated in the investigation job. (2) Project migrants settlement offices have organized the relative staff in different cities and counties to take part in the policy publicizing meeting. Details the concrete content of different policies of our country, provinces and cities about the migrants policy. And the migrants settlement offices in different counties hold meetings with the absence of local officials and influential people to publicizing the policies. And broad publication of the relocation and migrants settlement of the World Bank and our country has been made. They adopt the opinions of them how to reduce the influence, how to make the migrants settlement and the standard of compensation. And broad discussion has been made too. (3) During the process of planning of migrants settlements, migrants settlement offices and consultative unit in different counties also come to different collages. With the form of conversations and random visits, make further listening to their opinion and ideas about the migrants settlement, including the selection of settlement areas, production recovery, houses relocation and relocation compensation. The details of the conversations is as the enclosed branch project analyzing report. (4) In order to strengthen the project publication and make further understanding of the opinions about the project establishments and migrants settlement of different officials and people, before composition of the RAP of different branch projects, project migrants settlement offices and investigation planning organizations investigate the migrants’ opinions, mass participation with the form of question-answering investigation in the influenced areas. According to the statistical analysis, the people who are investigated consider the main problem that influence the

30 General Report on Migrant Resettlement Plan economic development of project areas is worse traffic condition. In that case, the rich resources have not explored much. They think with the establishment of this project, the agricultural products’ circulation and the exploration of touring resources will be promoted to push the economic and social development in the local areas. They confirm it is necessary to doing this project and they are willing to support the establishment with factual deeds. Furthermore, most removal residents know clearly the establishment of this project and make full preparation in minds. They show willingness to removal and relocation. So the project has a good basis of people’s support. The mass participation investigation sheet is as the enclosed branch project analyzing report.

5 From now on, project migrants settlement offices and different local migrants settlement executive government will adopt the following procedure and approach to encourge people to participate and discuss:

A Publicize migrant information

In order to ensure the migrants and local governments understand settlement planning and compensation of the branch project and settlement plan in details, project migrants settlement offices will prepare to issue post or publicize by radio the information which is inspected by the World Bank in the influenced areas. And also to make the information handbooks to the migrants. The information includes all the influenced asset, compensation standard, compensation amount and settlement policy, migrants’ right and interest and opinion feedback, appealing channel and so on.

B Holding meetings The meetings will be hold mainly before the removal and settlement. And continue to publicize the relative policies, regulations, compensation standard etc. to people so that they could understand early to make preparation. C Through radio and TV and newspaper, publicizing project construction content, progress and migrants policy.

31 General Report on Migrant Resettlement Plan

7. Appeal

Though the public are encouraged to participate in the migrant placing work, problems may still appear more or less in the actual work. In order to make the problems solved promptly and effectively immediately they appear, and to ensure the smooth progress of the land requisition, house demolition , removal and resettlement as well as the project construction, a transparent and effective way of appealing for the migrants is needed besides the existing letter appeal provided by local government of all levels.

32 General Report on Migrant Resettlement Plan

7.1 The appeal-accepting organization

Besides the Villagers’ Committee and the Migrant Resettlement Group at all levels, an Appeal-Accepting Group subordinated to the External Supervision Organ is to be established to guarantee better the lawful rights of the people concerned. The group is constituted of 5 persons. The leader of the Independent Monitoring Organization works concurrently as head of the group. As to the other 4 persons, 2 come from the External Supervision Organ, 1 comes from the Project Managing Organization, and 1 comes from the City Development and Reform Commission. Moreover, each district or county should respectively appoint 1 liaison officer to be in charge of the migrant appealing reception. The liaison officer is responsible for accepting the appeal in the area of jurisdiction nearby, and keeps in touch with the accepting group.

7.2 Appeal procedure

Stage1: If the migrants are dissatisfied with the migrant resettlement plan, they can lodge an oral or written appeal to the liaison officer, the Villagers’ Committee or the corresponding Migrant Resettlement Group belonging to a village or a town. If the appeal is an oral report, the accepting organization should settle the problem and make a written record. The accepting organization should make a decision and feed back within 2 weeks. Stage 2: If the migrants are dissatisfied with the decision made in stage 1, they can lodge a complaint to the Migrant Resettlement Office of Xi’an City, which takes charge of the loan from the World Bank, or to the Appeal-Accepting Group after receiving the decision. The concerned organization should make a decision and feed back within 2 weeks. Stage 3: If the migrants are still unsatisfied with the disposal decision made in stage 2, they can appeal to the National Territory Bureau of Xi’an City after receiving the decision made by the Migrant Resettlement Office or by the Appeal-Accepting Group subordinated to the External Supervision Organ, the National Territory Bureau of Xi’an City should make a decision within 10 days.

33 General Report on Migrant Resettlement Plan

Stage 4 If the affected persons are still unsatisfied with the arbitrated decision made by the administrative arbitration organization in stage 3, they, after receiving the decision, can sue to the Court of People for any flaw of the migrant placement, according to the Civil Procedure Law. The above-mentioned appealing ways are supposed to be known to the migrants through the villagers conference or other ways to make the migrants full realize and understand their right of appeal.

34 General Report on Migrant Resettlement Plan

8. Institute Organization and Duties

8.1 Executing organ

The executing organ of this project is the Development and Reform Committee of Xi’an City. To ensure the smooth implementation of the project, the Leading Group of Xi’an’ Urban Comprehensive Transportation Improvement Project with the World Bank’s Loan is to be set up. This leading group is constituted by leading members from the Development and Reform Committee of Xi’an City, the Construction Committee of Xi’an City, Cultural Relic Bureau of Xi’an City, People’s Government of Hu County and other relevant governmental institutions, and experts on policy of migrant resettlement and engineering technique. Its duties are to make decisions on significant problems in the process, coordinate different organizations, instruct and supervise the work of the implementing agency and ensure enough respect and protection on relevant policies and laws and on various legal rights of the migrants. The leading group has its own office being responsible for daily work.

8.2 Implementing organ

The implementing organ of this project is the Infrastructure Construction and Investment Company of Xi’an City, which is responsible for the implementation and coordination of land requisition and removal. It also implements various policies on migrant removal and resettlement. The company will have a land requisition and removal office. Its tasks are as follows: 1. Organize and coordinate land requisition compensation and relocation in the light of decisions of the Leading Group and People's Government of Xi’an, and sign land requisition and removal agreements with the Land Requisition and Coordination Office of each district. 2. Investigate and study land requisition and relocation, listen to the affected units and persons’ suggestions, accept various complaints, and render replies and treatment in time. 3. Supervise and check the payment and usage of land relocation fees. 4. Instruct relevant district, county, towns, villages, communities (street office) and enterprises to restore the economy and conclude as well as exchange experiences.

35 General Report on Migrant Resettlement Plan

8.3 Coordination organ

The coordination organ of the project is the Land Requisition and Removal Office in each affected district and county and their responsibilities are as follows: 1. Check and confirm requisitioned lands, demolished houses, removed special felicities, and ground attachments in the village in the light of tasks and requirements brought forth by the Land Requisition and Relocation Office of the Infrastructure Construction and Investment Company of Xi’an City. 2. Evaluate the replacement value of the removed facilities and work out compensation standards. 3. Sign land requisition and relocation agreements with affected units and individuals. 4. Pay compensation fees; 5. Implement land requisition and relocation in the village and ensure the construction of new houses and the progress of relocation 6. Investigate and study land requisition and relocation, listen to the affected units and persons’ suggestions, accept various complaints, and render replies and treatment in time; for unmanageable problems, report to the Project Leading Group in time. 7. Supervise and check the usage of land requisition and relocation fees in villages. 8. Coordinate, check, and supervise towns, communities, villagers’ committees and enterprises to formulate economy restoration plans. 9. Report periodically to the Land Requisition and Relocation Office of the Infrastructure Construction and Investment Company of Xi’an City and submit relevant statistics in time. 10. All affected towns and villages as well as villagers’ committees should appoint full-time coordinators to assort out and participate in land requisition and relocation, and implement economic restoration plans and measures along with village and township governments as well as villagers’ committees.

8.4 Internal supervision organ

The Infrastructure Construction and Investment Company of Xi’an City will have a Land Requisition and Relocation Internal Supervision Office, which is made up of 3 persons. Its responsibilities are to ensure that the Land Requisition and Relocation Organizations at all levels are able to fulfill their duties well, and supervise, investigate and deal with any ill behavior of violating relevant policies,

36 General Report on Migrant Resettlement Plan laws or regulations or of infringing migrants’ rights and interest or of preventing the process of the project, so as to carry out the scheme of Land Requisition and Relocation Action Plan and safeguard the affected persons’ rights and interests.

8.5 External supervision organ

The external supervision organ of the project is Shaanxi Academy of Social Science, which is the largest professional studying organization on social science. It has lots of experts on economics, sociology, management study and psychology, etc. and also has rich experience in external supervision on migrant resettlement with loans from the World Bank and Asia Bank. The external supervision organ will be directly administered by the Leading Group of the Project. Its duties are: monitor and evaluate the whole process of land requisition and migrant relocation by professional means; monitor the migrants’ participation in the process of the project and the observance of various laws and regulations; evaluate the influence of the project to the migrants and the relevant units; examining the performance of the implementation organ from a long-term perspective and put forward evaluation opinions and suggestions on the implementation effect of the project, provide the project management department with pre-warning system, and offer a channel to migrants for reflecting opinions.

Table 8.1 Framework of organizations for migrants resettlement

Leading group of World Bank’s Loan Project of Xi’an City(Office)

Xi’an in frastructure construction investment company À 6 K QD Q E F x t i e

r A Leading group of each sub-project (office) Removal and resettlement office n Internal c a a l

d s

e supervision office u m p

e y r

v o i f s

i s

o o n c

i

o Removal and resettlement office of each sub-project a r l g

s a c n i e .

n

c Àe The affected villagers’ (residents’) Committee

The affected persons

37 General Report on Migrant Resettlement Plan

After the demolition and removal work is finished, the organizations would repeal on its own, parts of the duties can be shifted to the later project construction management organization.

9. Plan Implementation

9.1 Implementing procedure

All the work of land requisition, house demolition, removal and resettlement will be completed one month before the project is kicked off. The whole plan is divided into three stages: (1) preparation, (2) implementation; (3) check/supervision/evaluation (internal and external supervision will be implemented in the whole construction process). 1. Preparation (1) Establish organizations at all level governments for demolition and removal. The work is supposed to be organized and carried out by People’s Government of Xi’an City. (2) Give extensive publicity for the land requisition and removal through a variety of ways such as newspaper, radio, TV, and announcement to obtain the understanding and support of the affected units, individuals, and the whole society. The work of propaganda and explaining policy on demolition and removal will be implemented by the Infrastructure Construction and Investment Company of Xi’an City. Investigation about the knowing rate of relevant policy should be carried out by the External Supervision Organization among migrants before the end of the preparation stage. (3) Bury land-using boundary piles to fix the boundary of the land used for the project with permanent signs. Measurement and setup of boundary piles are implemented jointly by the Infrastructure Construction and Investment Company of Xi’an City and the Demolition and Removal Office at all levels along the line. (4) Carefully measure and confirm the variety and quantities of lands, houses, and other facilities affected on the spot. The work should be implemented by the

38 General Report on Migrant Resettlement Plan

Infrastructure Construction and Investment Company of Xi’an City with the cooperation of the Land Requisition and Resettlement Office at all levels along the line. 2. Compensation implementation (1)The Infrastructure Construction and Investment Company of Xi’an City signs land requisition and removal agreements with the districts (counties) affected; and government of each district (county) signs land requisition and removal agreements with town, community, villagers committee, corporate and governmental units, and individuals affected. (2) The Infrastructure Construction and Investment Company of Xi’an City and the Land Bureau of Xi’an City submit land requisition documents. (3) The Infrastructure Construction and Investment Company of Xi’an City earmarks house compensation to each affected district (county) government through relevant banks. (4) Each village, township and county government will select the site along with the affected persons and enterprises and determine house structure and start construction. (5) Land compensation and relocation subsidy fees are usually paid to villagers’ committee (adjust lands within the village scope again), and house removal compensation fee is paid the affected persons directly. Land cultivation fee is paid to the land management department directly to cultivate new farmland. (6) The district and county governments at all levels earmark land compensation n and house demolition fees to the community, town and villagers’ committee via relevant banks. 7Each government of district or county and street or town reallocates land to persons who lost land. 8Each government of district or county pays compensation fees for house, seedling, and various attached facilities, transition subsidy, and removal subsidy to all affected persons and various compensations to affected enterprises. 9Each government of district or county pays compensation fees for building infrastructures at the new residential sites to the villagers’ committee and helps them to build infrastructure facilities. 10After the affected persons move into new houses, their old houses will be demolished. Village and township governments as well as villagers’ committees are in

39 General Report on Migrant Resettlement Plan charge of demolishing all attachments on the land, eliminating seedlings and transferring the lands to the construction unit after all works are completed. 3. Restoration Main tasks are: (1) Adjust lands; (2) Establish economic restoration plans and measures; (3) Offer technical trainings for the affected persons. 4. Checking Internal supervision: it will be a continuous work, beginning from the start of land requisition and removing and ending after the completion of the project. In addition, Land Requisition and Removal Office and Supervision Office are responsible for daily check and supervision to ensure that the project is carried out in the light of articles of RAP. External supervision: Firstly, carry on social economy inquisition , then go on working till the end of the project, and generally evaluate the effect of the demolition and relocation on a whole after the completion of the project. Checking contents: (1) Payment of compensations to the affected persons and companies in the light of replacement price; (2) The affected persons’ removal to new houses after the completion of the new residence; (3) Payment of various subsidies to the affected persons; (4) The construction of infrastructures on the new sites; (5) Fulfillment of plans and measures for economic restoration and the effect; (6) Acceptance of the affected persons’ advices, attitudes, and complaints, and the results of treatment.

9.1.1 Land requisition and compensation

The work of land requisition and compensation is to be carried out jointly by the relevant organizations. The concrete process is as follows: 1The project designing unit provides detailed diagram of position of the required land, defines the scope and area of the land.

40 General Report on Migrant Resettlement Plan

2The project office apply to the programming department for the programming permit and red line diagram, and send land requisition application to the land management department. 3Applying for reply; 4The Land Requisition and Removal Office negotiates with each relevant town(street) office, and villagers (residents) committee about land requisition and signs agreement on land requisition compensation with them. 5Earmark compensation expenses; 6Transact law procedure; 7Expropriate the required land for the project.

9.1.2 Production resetting and restoration

Production resetting and restoration is implemented by the affected villagers (residents) committee, each relevant government of town (street office) is supposed to assist to perform. The concrete process is as follows: 1Organize and convene villagers conference or residents congress with migrants attended, study and formulate overall scheme of land cultivation, land readjustment, land allocation and production restoration; 2Announce the overall scheme of land cultivation, readjustment, allocation and production restoration, and ask for further opinions of villagers and migrants; 3Adjust and allot land; 4Negotiate with relevant labor force setting units about labor force setting scheme, and draw up detailed scheme; 5Guarantee employment of the labor force. 9.1.3 Houses demolition and rebuilding and residents removal. The workflow for migrants’ house demolition and resettlement is as follows: 1The engineering design unit provides the scope of the affected houses that needs to be demolished and resettled; 2The Land Requisition and Resettlement Office carries on investigation about the quantity and structure of the houses in the scope of demolition and removal with the cooperation of relevant migrant resettlement groups of town(street office); 3The Land Requisition and Resettlement Office and relevant migrant resettlement groups of town(street) office negotiate the compensation standard and the

41 General Report on Migrant Resettlement Plan time when to demolish and build houses with the affected migrants and units and ask for their opinions; 4The Land Requisition and Resettlement Office and relevant migrant resettlement groups of town(street) office post up the quantities of the affected houses, the compensation standard, and the demolition time, and ask for opinions of families who need to move; 5The migrant resettlement groups of town(street) office signs agreement on house demolition and resettlement with families who need to move; 6The Land Requisition and Resettlement Office and the migrant resettlement groups of town(street) office select the site for the affected families and ask for their opinions; 7The Land Requisition and Resettlement Office and relevant migrant resettlement groups of town(street) office transact relevant procedures of land used for resettlement; 8The project construction unit signs agreement on house demolition and rebuilding with the affected families; 9The migrants get their compensation; 10The migrants build new houses and move into new residence; 11Demolish the old houses.

9.2 Progress arrangement

The implementation schedule of land requisition, demolition, and removal of the Urban Comprehensive Transportation Improvement Project in Xi’an City will be arranged according to the construction plan of the project, the concrete implementation plan should follow the following principles: 1The house demolition and removal should be carried out in several stages, and completed one month before the construction; 2The affected people should be informed in advance at least 3 months before the removal, and should be given at least 4 months to build new house before the deadline for demolition. Before new residence is completed, the affected people can stay in their old houses; 3The building time is supposed to be fully negotiated with the migrants about, and if necessary, the time could be prolonged appropriately; 4The land requisition should be completed before the construction begins;

42 General Report on Migrant Resettlement Plan

5Land adjustment and allocation should be completed in change of seasons for farm crop; 6Labor force setting should be completed before land requisition.

10. Budget and Source of Funds

10.1 Estimation of removal and resettlement fees

The estimation of the total expense on the migrants resettlement of the five sub- projects of Xi’an Urban Comprehensive Transportation Improvement Project reaches 00 RMB Yuan, among which 96161600 is for the migrants resettlement of

43 General Report on Migrant Resettlement Plan

Xi’an Rural Road Network Construction Sub-Project; 30042000 RMB Yuan for the migrants resettlement of Huxian County Rural Road Infrastructure Construction Sub- Project;. 2383200 RMB Yuan for Xi’an Rural Air Pollution Comprehensive Supervision and Protection Sub-Project; and 7160000 RMB Yuan for the Weiyang Palace Han Dynasty Road Sub-Project. 00 RMB Yuan for The bus hub of urban south.

The expense on land requisition, demolition and resettlement is included in the total budget of removal and resettlement, among which are subsidy for permanent land requisition, subsidy for demolition of houses in city and countryside, and subsidy for affected enterprises, institutions, shops, infrastructure and ground surface attachments, etc. For details see the attached reports of each sub-project. General information on the funds of migrants resettlement of each sub-project is shown in the following table: Table10.1 Expense on migrants resettlement of Xi’an Urban Comprehensive Transportation Improvement Project ( unit: 10 thousand RMB Yuan)

item Xi’anCityroad Huxiancounty Weiyang Xi’an The total

network Rural road Palace Han environment bus

sub-project construction Dynasty Road. supervision hub of

sub-project sub-project sub-project urban item south

Land 969 1839.4 3989 164 acquisition   compensation

Removal and 6903.73 911.5 2759 /

Resettlement   compensation

Attachment and 276.55 148.4 205 /

Infrastructure   compensation

Other tax and 1466.88 104.9 207 74.32   fees total 9616.16 3004.2 7160 238.32  

44 General Report on Migrant Resettlement Plan

10.2 Source of fund

The fund of this project comes from local finance of Xi’an City and World Bank’s loan, which are both included in the project’s total budget.

10.3 Fund appropriation

Within the demolition deadline announced in the project notice, the migrant office should negotiate with the affected people over the land requisition and removal compensation according to relevant laws and regulations, and therefore sign the compensation agreement. The migrant office will earmark the subsidy directly to the migrants within 15 days after the agreement is signed. In a cash compensation agreementit should be clearly listed the sum of subsidy, the way and time of the subsidy appropriation, the time of removal, the responsibility of breaking the agreement and other items agreed in the agreement. In a ownership transference agreement, it should be explicated the position, area and structure of the resettlement house.. The following is the flow of the migrants resettlement fund in construction and land acquisition of each sub-project: the office of Xi’an’ Urban Comprehensive Transportation Improvement Project appropriate the removal subsidy to the migrant removal office of each sub-project. The office then submit the appointed bank to appropriate the money directly to the migrants according to the migrants resettlement agreement.. Table 10.2 fund flow of compensation for the land acquisition and migrants resettlement

The village The Migrant office townstree committee,villagers Land compensation project of county t team office (district)

The Migrant office The village

townstree Resettlement subsidy project of county committee,villagers

t office (district) team

45 General Report on Migrant Resettlement Plan

The The Migrant office Young crops and ground townstree village Removal project of county attachment subsidy t committ households office (district) ee

The Migrant office House and attaching facilities townstree Removal project of county subsidy t households office (district)

The Migrant office town street Removal households or Removal compensation and

project of county relevant units transitional life subsidy office (district)

Compensation

for migrant The Migrant office Compensation for infrastructure townstreet Removal households resettlement of project of county construction of Resettlement site and construction units the office (district)

construction and land The Migrant office town stre acquisition The owners Compensation for scattered trees project of county et office (district)

The Migrant office Compensation for rural facilities townstreetor villagers project of county of production and life team office (district)

The Migrant office Compensation for loss of Relevant units or the project of county enterprises and private businesses owners office (district)

The Migrant office Special charging The construction Compensation for rebuilding of project of county department units the special facilities office (district)

46 General Report on Migrant Resettlement Plan

The Migrant office Compensation for supporting the townstree the weak project of county weak groups t groups office (district)

The Designing Planning and designing fee project units office

The Evaluating fee for management Evaluating units for project and supervision management and supervision office

The

The cost of technical training project technical trainingunits

office

The Migrant resettlement The cost of implementation and project implementation organs at all management office levels

The The cost of construction unit project management office

The The cost of examining the design The consulting and examining project of file units office

47 General Report on Migrant Resettlement Plan

11. Monitor and Evaluation

For the purpose of insuring a smooth implement of immigration setting work and realizing appropriate setting, a whole process of monitor will be implemented to terra levy and immigration setting. The monitor is divided into inner monitor and exterior monitor inside the migrant setting organization.

11.1 Inner monitor

Inner monitor organization is responsible for inner monitor work. Content of inner monitor mainly includes: 1Payment and use of immigrations’ compensation funds 2Selection and allotment of the setting region; 3Support the weak colony; 4Employment arrangement to the influenced labor force; 5Migrants’ participation and negotiation during the period of implement.

11.2 Exterior monitor

Shaanxi Social Science Academy is responsible for exterior monitor and evaluation work. Contents of exterior independent monitor include function of immigration setting network, terra levy, setting implement progress and compensation; setting and instauration of dismantled and moved resident, store, enterprise and public organization; inquisition analysis of production and life level of Immigration. The independent monitor organization will follow migrant setting activity of this project, to evaluate whether the relevant laws of national terra levy, dismantlement and move, migrant setting is implemented or not in immigration setting work; the activity Whether matches world bank business policy OP4.12 involuntary immigration; level of production and life of immigrant whether enhanced or maintained as before when there has no project at least. Independent monitor organization will put forward suggestions to relevant implement units according to problems fund in monitor, in order to make problems could be resolved in time in the process of migrant setting.

48 General Report on Migrant Resettlement Plan

The external supervision unit will submit Xi’an urban comprehensive transportation improvement project migrants supervision evaluating report regularly to the World Bank according to the progressing condition of the external supervision evaluating work of the each sub-project. According to the frequency of the carrying out of the external supervision evaluating work, the general report should be submitted annually before Dec 31st. The project migrants resettlement office should attach the report when reporting the progress of the migrant resettlement to the world bank annually.

49 General Report on Migrant Resettlement Plan

12.Table of Rights and Interests

Affected Policy of compensation and Affected types standard people resettlement

For those whose land is acquired,

compensation shall be paid in terms

of the primary function of the The relocation subsidy for farmland acquired land. The compensation acquisition shall be calculated by six times fee of land acquisition shall include of annual average production value of the land compensation fee, resettlement land. subsidy and compensation fee of The compensation fee for farmland over-ground objects which are acquisition shall be paid as many as nine attached to the land and young times of annual average production value The crops. And the compensation fee of Permanent Land of the previous three years. affected over-ground attachments and young Acquisition The total amount cannot surpass thirty villages crops shall be given to their owners. times of the average annual production As for rearrangement of land within value of the previous three years’ the group based on head, the land production value of the land prior to the compensation fee and relocation land acquisition. subsidy shall equally and averagely For details see the attached reports of each distributed to farmers of the group, sub-project and the compensation fee of over-

ground attachments and young

crops shall be directly granted to

property rights owners.

50 General Report on Migrant Resettlement Plan

Affected Policy of compensation and Affected types standard people resettlement

Obtain Young crops compensation

fee and labour force resettlement

subsidy

if the land isn’t readjusted in the

village, the resettlement subsidy

Affected will be directly allocated to the

farmers individual.

if the land is readjusted in the

village, the resettlement subsidy

will be administrated by the village

office to improve the basic

infrastructure or public facilities.

As to the onerous use of the state-

owned land, the project construction

unit should first get the permit from

the construction land designing

Land department of Xi’an city or Onerous Transfer of Construction land100-400 thousand owners concerned district. Then it should the state-owned land Yuan/mu ( transfer) consult with the affected unit on the

land, which will be transfered

onerously after the units are

evaluated in market by qualified

evaluating organizations

51 General Report on Migrant Resettlement Plan

Affected Policy of compensation and Affected types standard people resettlement

The leaseholders of enterprises and

shops,on condition of being

informed one month in advance, can

have enough time to seek for other

shops to continue their business.

The implementing organization Removal subsidy and the unremovable

leaseholders should provide with renting facilities are compensated by its

infrmation to help them find new replacement cost

site and meanwhile inform the

affected jobbers 3months in

advance and provide with free

information to help them find new

job as early as possible.

1methods of removal and House demolishion subsidy

resettlement compensation. Brick-concrete 450-1600 Yuan /m2

Compensation methods of Brick-wood 260-900 Yuan /m2

demolishment shall be in the form concise 150-800 Yuan /m2

of monetary compensation or house removal subsidy1000 Yuan/familyif

property right exchange with equal resettled with provided house or money

monetary compensation.The house subsidy, 500 Yuan/family.

demolishion is based on the Temporary resettlement subsidy

compensation for property building area,and should be A. As for the house located within the house demolition and rights transferd elsewhere with houses of first ring road with an area of less

relocation owners the same size and same price.The than 30m2 (inclusive), the subsidy

methods of removal and shall be RMB nine Yuan for each

resettlement compensation can be square meter per month; the one

selected by the removed persons or with an area of over 30m2, the

leaseholders according to subsidy for that 30m2 shall be

regulations RMB nine Yuan for each square

2monetary meter per month and the subsidy

compensationamount of for exceeding part shall be RMB

inhabitated houses. The amount seven Yuan for each square meter

52 General Report on Migrant Resettlement Plan

Affected Policy of compensation and Affected types standard people resettlement

of inhabitated houses’ monetary per month.

compensation should be decided B. As for the house between the first

by the replacement principle ring road and the second ring road

according to the market with an area of less than 30m2

evaluating unit price and the (inclusive), the subsidy shall be

house building area. RMB seven Yuan for each square

3Relevant fees on house meter per month; the one with an

demolishion and removal.The area of over 30m2, the subsidy for

housebreaker should disburse that 30m2 shall be RMB seven

removal subsidy, facility removing Yuan for each square meter per

fee and transitional temporary month and the subsidy for the

resettlement subsidy,and provide exceeding part shall be RMB five

the temporary resettlement subsidy Yuan for each square meter per

since the end of the transitional month.

period. C. As for the house between the

second ring road and the city-

around expreeway with an area of

less than 30m2 (inclusive), the

subsidy shall be RMB 6 Yuan for

each square meter per month; the

one with an area of over 30m2, the

subsidy for that 30m2 shall be

RMB 6 Yuan for each square meter

per month and the subsidy for the

exceeding part shall be RMB

4Yuan for each square meter per

month.

Demolishion and According to Xi’an’s Industry land100-400thousand Yuan/mu

removal of Enterprises policies,theworkshops,warehouses workshops,warehouses and shops and shops are compensated with the Compensation standard of the

and shops house and land separated. The workshops,warehouses and shops

53 General Report on Migrant Resettlement Plan

Affected Policy of compensation and Affected types standard people resettlement

houses of them are compensated by brick-concrete 390-5500 Yuan

the Xi’an Rural Houses Delolition /m2

Management Implementation Rules, brick-concrete 5400 Yuan /m2

while the land are compensated by concise structure 150-5300 Yuan

the character of land , combined /m2

with the local market evaluating removal

price. Besides, the compenstion subsidy of the workshops,warehouses and

includes the loss of stopping shops500 Yuan /family

production and the facilities

removing fees.

The rights and interests of the

employees are not affected during

the removal,including their wages,

medical and social insurance,

dividend and bonus,etc.

The employees won’t lose their jobs

as a result of the removal.The

affected jobbers will be informed 3

months in advance, provided with

free job information and helped to

find jobs as early as possible.

The workshops,warehouses and

shops will be informed in advance

and provided with free renting

information about shops of the same

size in the same region, so that they

can have enough time to find

suitable houses to maintain their

normal operation and get the

removing fees.

Ground attachments property The project unit compensates to the Compensation for attachments:

and public facilities rights property rights owning unit or the Fruit tree 130-170 RMB Yuan

54 General Report on Migrant Resettlement Plan

Affected Policy of compensation and Affected types standard people resettlement

owners property rights owner. Fishpond 18000-22000 RMB Yuan

Other tree 17-25 RMB Yuan

Public facilities:

Compensated completely by the

replacement price

55