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World Bank Document CONTENTS VOL. 9 1. GENERAL INFORMATION OF THE PROJECT ....................................................................................... 6 Public Disclosure Authorized . 1.2 CONTENTS AND SCALE OF THE PROJECT CONSTRUCTION .................................. ..................... .............6 1.3 BENEFICIAL AREA AND AFFECTED AREA .................................................................................1................ 8 Public Disclosure Authorized 2. INFLUENCE OF PROJECT ......................................................................................................................... 11 2.2 AFFECTED RESIDENTIAL HOUSE ...............................................................................................1............... 11 Public Disclosure Authorized 3 . SAMPLING INVESTIGATION ON SOCIOECONOMIC SITUATION OF AFFECTED AND UNITS 12 3.2 INVESTIGATION RESULT OF THE BASIC SITUATION OF AFFECTED RURAL HIDUSEHOLDS......1 ............... 13 Public Disclosure Authorized 4. LAW AND POLICY FRAMEWORK .........................................................................................................I 16 4.1 MAIN BASIS OF LAWS AND REGULATIONS ON EMIGRANTS RESETTLEMENT .........................................16 - - 4.2 LAWSAND POLICIES RELATED TO EMIGRANT RESETTLEMENT ..............................................................16 4.3 RESETTLEMENT PRINCIPLES ON MIGRATIONS OF THE PROJECT ............................................................29 5. COMPENSATION STANDARDS .................................................................................................................31 5.1 THE RURAL DWELLING HOUSES AND FACTORY WORK DEMOLITION .....................................................31 5.2 ACQUIRED COLLECTIVE LAND ..................................................................................................................33 5.3 OVER-GROUND OBJECTS ATTACHED TO THE LAND .................................................................................33 6. RESETTLEMENT SCHEME ........................................................................................................................33 6.1 RECOVERY OF PERMANENT LAND ACQUISITION...................................................................................... 33 6.2 POLICY ON RESETTLEMENT FOR RURAL RELOCATED RESIDENTS ............................................................36 7. PUBLIC PARTICIPATION ........................................................................................................................... 38 7.1 STRATEGY OF PUBLIC PARTICIPATION ....................................................................................................38 7.2 SURVEY ON PUBLIC OPINION .................................................................................................................. 39 7.3 PUBLIC PARTICIPATION AND POLICY TRANSPARENCY ............................................................................42 8. APPEALING PROCEDURES ....................................................................................................................... 43 9 .ORGANIZATION INSTITUTION & RESPONSIBILITY ..................................................................44 9.3 COORDINATION INSTITUTION............................................................................................ 1.............. 44 10. IMPLEMENTATION SCHEDULE ............................................................................................ ............... 46 10.1 PROGRESS LINKAGE BETWEEN RESETTLEMENT OF AFFECTED PEOPLE AND THE PROJECT ~ CONSTRUCTION ................................................................................................................................J~ ............... 46 10.2 PERMANENT LAND ACQUISITION AS THE KEY TASK ................................................................1............... 46 11 .SUPERVISION & ASSESSMENT MECHANSIM ...............................................................1............... 49 11 . 1 INTERNAL SUPERVISION .............................................................................................................. 50 11 . 2 EXTERNAL INDEPENDENT SUPERVISION AND ASSESSMENT ....................................................... 51 12. EXPENDITURE AND BUDGET................................................................................................ ................ 51 12.1 EXPENDITURE ......................................................................................................................................... 51 12.2 CAPITAL FLOW DIRECTION AND PLAN OF PAYMENT BY TRANSFER .....................................................~ 53 13. LIST OF AUTHORITY ............................................................................................................... 1................ 55 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 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: (!) 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, Thus, all the above affected will be regarded and recorded as the Affected regardless of their properties, land or locations. If the acquired land or properties are used by or compensated to more than one person or household, then compensation and recovery are conducted according to loss they suffered, influence on their rights and interests and the living standards. The definition of the Affected, when the lawful rights and interests are not taken into consideration, is directly related to the unfavorable influence of the Project. Definition to "Compensation" Compensation should be conducted to all the people 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 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, /rees and infrastructure, etc. (4)Recovery work conducted for those negatively affected in terms of thbir living standards or (life quality) because of acquisition and resettlement. I (5) Recovery or compensation for individuals or public enterprises; (6)Recovery for the negative influence in terms of culture or collective properti es. Definition for "Recovery" Recovery means to renew the abilities of PAPs to continue their productivities or t lift or at least maintain their lives to the level prior to the Project. 0 The purpose of the RAP is to provide a resettlement recovery plan for the PAPs to loss compensated and their living standards improved or at least maintained to the to the Project. To achieve this goal, recovery measurements have been provided in recover the income of the PAPs for them to sustain their life. Likewise, the and productive resources (including shops and enterprises), public and cultural properties will also be improved or at least recovered to 1. General Information of the Project 1.1 Background of the Project Han Chang'an City had been taken as the capital by the Western Han Dynasty for 204 years. Then it was the capital of Xinmang, Western Jin, Former Zhao, Former Qin, Later Qin, Western Wei, and Northern Zhou etc. The City was abandoned
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