World Bank Document

RP-12 Public Disclosure Authorized -.i6-~ -- - - - VQL4a Public Disclosure Authorized A _C-"$- r~,*,,y$n - ¾ . _ . - _ . _ U4~~~~~a Public Disclosure Authorized VO_ f -- . _wLA: - d Mes _ . ,, ; .~~~~~~~~~~~~~~~~~~~~~~~~~~~ a Public Disclosure Authorized Contents Chapter I Brief introduction to the project 1. General description of the highway from Chiling to Huxi in Zhangpu County ...........................................1 2. The impact and benefited areas of this project ..............2 3. The social economic condition of the influence region of the project .......................................2 4. Measures to minimize resettlement ...........................4 5. Technical and economic feasibility study ....................4 6. Preliminary design and design of construction drawings.4 7. Project employerand organization............................ 4 8. Social survey............................................... 4 9. Preparationof the RAP...................................... 8 10. Schedule of project preeparation,construction and execution.9 11. Land use permit,resettlement and reconstruction .............9 12. Compensation criteria .......................................10 Chapter I Project influence 1. Land acquisition ............................................11 2. Affected buildings ..........................................12 3. Loss of employmentopportunities in agriculture,enterprises and public organizations.................................... 13 4. Affectedinfrastructure ..................................... 14 5. Temporaryland occupation................................... 15 6. Loss of crops.17 7. Loss of other properties.................................... 17 8. The affected................................................ 17 9. Influenceon the fragilecommunity ....................... 18 Chapter I Legal framework 1. Policies ....................................................20 2. Compensation criteria .....................................33 ChapterlV Estimate and budget of the compensation fee 1. Capital flow............................................... 37 2. Basic expenses.............................................. 37 3. Administrativeoverhead ..................................... 39 4. Incidentals................................................. 39 5. Other expenditure ............................................40 ChapterV Resettlement and rehabilitation action plan 1. Demolitionand reconstructionof buildings ..................41 2. Rehabilitation infrastructure ...............................45 3. Compensation for other ground objects on acquired land ......46 4. Resettlementof the fragilecommunity ....................... 46 5. Resettlementrelating to employment......................... 47 6. Resettlementrelating to land acquisition.................... 50 7. Scheduleof resettlementactivities ......................... 52 8. Scheduleof releaseof resettlementfunds ................... 55 9. Resettlementdessemination .................................. 55 ChapterVI Organization 1. Establishmentof organization............................... 56 2. Duties ............................................ 56 3. Resettlementleading group .................................. 59 4. Staffingof the resettlementoffices ........................ 59 5. Trainingof the staff of resettlementoffices ............... 60 6. Planning of the staff of resettlement offices ...............60 7. Organization chart ..........................................60 8. Organization strengthening and training .....................61 ChapterVII Public participation and consultation 1. Extensive public participation ..............................63 2. Regular resettlement meetings ...............................63 3. Public opinions and revisions based on them .................64 4. Mode of participation of the affected .......................64 5. Regular public consultation meetings ........................65 6. Mode of participation by the affected and the public during the cxecution of land acquisition and resettlement.......... 65- 7. Schedulc of public participation and consultation........... 66 ChapterVIE Appeals ChapteriX Monitoring 1. Internal supervision and inspection......................... 69 ChapterX Report 1. Internal reports............................................ 73 2. Reports from municipal resettlement office................. 76 ChapterM Summary of responsibilitiesfor resettlementcompensation 1. Appendix.................................................... 79 Preface As one section of the national highway artery between Tongjiangin HeilongjiangProvince and Sanya in Hainan Province approved by the State Council,Zhangzhou-Zhao'an Expressway,located in Fujian Province,is not only one of the key highway construction projectsplanned by the Ministryof Communicationsof China but one of the key highwayconstruction projects of FujianProvice in the Ninth-Five years.The highway from Chiling to Huxi in ZhangPu County is under the Zhangzhou-Zhao'an expressway project. It is planned to be open to traffic in 2001. The highway from Chiling to Huxi in ZhangPu County Passes through 2 towns,Its completion will no doubt play a great role in promoting the socio- economic development, accelerating the circulation of goods and materialsand expanding the exchanges between different areas in ZhangPu County and even Zhangzhou City. This RAP is prepared according to the Land Administration Law of the People's Republic of China, local laws and regulations of Fujian Province and China Highway Project Resettlement Model Plan (draft) of the WB. This RAP is a carefully prepared detailed plan, which aims to appropriately resettle those affected by the project and have them benefit from the project, improving or at least maintaining their living standards as before the project construction. During the data collection and preparation of the RAP, we get much help from Fujian Provincial Traffic Planning and Design Institute , the traffic bureaus and land administration bureaus of ZhangpuCounty and resettlement offices of the two towns in Zhangpu County .Please let us to express our sincere thanks to them. Objectives of the RAP and the Definition of Resettlement Terminology. This Resettlement Action Plan (RAP) is prepared according to the Laws and Regulations of PRC, and Fujian Province as well as the Guidelines of the World Bank (Operational Directive for Involuntary Resettlement OD 4.30). The purpose of this document is to set out an Action plan for the Resettlement and Rehabilitation of the Project Affected Persons (PAPs) to ensure that they will benefit from the project and their standards of living will improve or at least be restored after the project impact. Acquisition of land and other assets for the project will adversely affect the livelihood of persons who live, work or earn their living on the land that will be acquired for the project. PAPs are defined as those persons whose income or livelihoods will be adversely affected by land acquisition for the project. PAPs include the following categories: a)persons who have a title, right, interest, in structures (houses, enterprises, shelters, or public buildings), land (including residential, agricultural, and grazing land) or any other asset acquired or possessed, in full or in part, permanently or temporarily; b)persons who use the structures, land or assets described above; or persons whose business, occupation, work, place of residence or habitat adversely affected; or c)persons whose standard of living is adversely affected as a consequence of land acquisition. A definition of PAPs is given below: Defmition of the PAPs: "Affected Persons" means persons who on account of the execution of the project had or would have their: a) standard of living adversely affected; or b) right, title or interest in any house, land (including premises, agricultural and grazing land) or any other fixed or movable asset acquired or possessed, temporarily or permanently; or c) business, occupation. work or place of residence or habitat adversely affected, and "affected Person," means individually all those who qualify as "Affected persons." PAPs may be individuals or legal persons such as a company, a public institution. Definition of PAPs is not limited to their legal registration or perrmissionto live or conduct business in the affected location, or their title to property Thus, it includes: a)all those affected by the project regardless of their legal rights or absence thereof to the assets being taken; and b) persons without residential permit to live in a certain area. Therefore, all such persons who are affected will need to considered and recorded as PAPs, regardless of their legal connection to assets land or location. If there are more than one person, family or household using or holding a title to the same land or property that is acquired, they will be compensated and rehabilitated according to the loss they suffer, their rights, and the impact on their living standards. The definition of PAPs is linked directlv to the adverse effect of the project, regardless of legal rights title or interest. All PAPs are entitledto the imnprovementor at least restorationof their standards of living, and compensation for the material losses they suffer. Compensation for assets will cover replacement cost. No deductions or discounts will be applied to the compensationamount for depreciation or other reasons. All PAPs deriving an economic benefit from the affected land and propert are entitled to receive rehabilitation

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