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Resettlement Action Plan

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Resettlement Action Plan RP-11 VOL.-2 Public Disclosure Authorized Hubei--Hunan Expressway Corridor Project Hunan Section (National Highway IV) Public Disclosure Authorized Resettiement Action Plan (thi Fifth Edition) I ;- Lfl 9.0 Public Disclosure Authorized C,7 Resettlement Office of HYmii:nPr3-vincia! T'tcheng--Ci 1,-s'sha Expressway lIunan Academy of'SocialSc;ience Public Disclosure Authorized December, 1998 I I Hubei--Hunan Expressway Corridor Project Hunan Section (National Highway IV) Resettlement Action Plan (the Fifth Edition) ResettlementOffice of HunanProvincial Tucheng--Changsha Expressway HunanAcademy of SocialScience December,1998 A 4 STAFF AND UNITS Heads: Zhao Dezhi Hunan Academy of Social Science Professor Ma Qiwei Hunan Provincial Expressway Construction & DevelopmentCo. SeniorEngineer Chiefs: Shi Yongming Hunan Academy of Social Science AssociatedProfessor Wang Yi Hunan Academy of Social Science AssociatedProfessor Wang Yong Xi Hunan Academy of Social Science AssociatedProfessor Tang Shengde Hunan ProvincialExpressway Construction & DevelopmentCo. Senior Engineer Lv Xingxi Hunan ProvincialExpressway Construction& Development Co. Senior Engineer Wang Xifan Hunan Provincial Expressway Construction & DevelopmentCo. Engineer Yi Meixun Hunan Provincial Expressway Construction & Development Co. Engineer Wang Jia Hunan Provincial Expressway Construction & DevelopmentCo. Assistant Economist Wen Xianghong Hunan Provincial Expressway Construction & DevelopmentCo. Assistant Accountant Associated Units: Hunan Provincial CommunicationsSurvey & Design Institute Changsha City Tucheng--ChangshaExpressway Resettlement Office Yueyang City Tucheng--ChangshaExpressway Resettlement Office i Acronyms and Abbreviations CIRO--CityResettlement Office CORO--CountyResettlement Office HASS--HunanAcademy of Social Science HPCD--HunanProvincial Communications Department HPCSDI--HunanProvincial Communications Survey & Design Institute HPECDC--HunanProvincial ExpresswayConstruction & Development Corporation HHH--Hongshi--HengyangHighway IMG--IndependentMonitoring Group MOC--Ministryof Communications MOF--Ministryof Finance NH4--NationalHighway IV PAA--Project Affected Assets PAP--ProjectAffected People PRO--ProvincialResettlement Office RAP--ResettlementAction Plan RO--ResettlementOffice SLS--Standardsof Living Surveys SPC--StatePlanning Commission TRO--TownshipResettlement Office TCE-Tucheng-Changsha Expressway VAC-Village AdministrationCommission I PREFACE * Tucheng-Changsha Expressway (TCE) is a part of Beijing-Zhuhai National Trunk Highway Hunan Section approved by the State Council, a major highway construction project designed by MOC and a key highway construction project in Hunan Province during the ninth "Five-Year-Plan".The expressway is planned to be completed in 2003. TCE is passing through 5 counties of Changsha and Yueyang City. Area passed by TCE is rich in natural and human resources. Completion of the expresswaywill play a very important influence on social economical development, commodity inter- flowingand exchangingamong districts in Hunan Province even to the whole country. This RAP is prepared in conformitywith P.R.C Land Law, Hunan Provincial Regulations and the World Bank OperationalManual Operational Directive 4.30. The basic objectives of the RAP are to resettle PAPs suitably, let them gain benefits from the project and increase their living standards or at least restore them to the level before resettlement. During the course of collecting data and compiling the RAP, we achieved the great support of HPCSDI and CommunicationsBureaus, Land Administration Bureaus & TCE ROs at city and county level along the route. We greatly appreciatedtheir help. Objectivesof the RAP and the Definition of Resettlement Terminology This Resettlement Action Plan (RAP) is prepared according to the Laws and Regulationsof P.R.C, and the Hunan Province as well as the Guidelines of the World Bank (Operational Directive for Involuntary Resettlement OD4.30). 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 title, right or 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 are adversely affected; or c) persons whose standarcdsof living are adversely affected as a consequence of land acquisition. A definition of PAPs is given below: Definition of the PAPs: "Affected Persons" means persons who on account of the execution of the project hacdor 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 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 are qualified as "affected person". 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 permission to live or conduct business in the affected location, or their title to property. Thus, it includes: a) all those affected by the project regardless of their legal rights or absence thereof to the assets being taken; and b) persons without residential permit to live in a certain area. Therefore all such persons who are affected will need to be considered and recorded as PAPs, regardless of their legal connectionto 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 accordingto the loss they suffer, their rights, and the impact on their living standards. The definition of PAPs is linked directly to the adverse affect of the project, regardless of legal rights, title or interest. All PAPs are entitled to the improvementor at least restoration of their standards of living, and compensationfor the material losses they suffer. Compensationfor assets will cover replacement cost. NO deductions or discounts will be applied ito the amount for depreciation or other reasons. All PAPs deriving an economic benefit from the affected land and property are entitled to receive rehabilitation benefits in addition to the compensation for their assets lost. Those PAPs without title, authorization or legal permission to reside, conduct business, cultivate land or construct structures are eligible for rehabilitation of their livelihoods and compensation for their assets on an equal footing with those with formal legal title, authorization or permissionsto the assets. The term RESETTLEMENTincludes: a) the relocation of living quarters; b) finding acceptable new employment for those whose jobs are affected; c) restoration or compensationof affected productive resources such as land, workplaces, trees and infrastructure; d) restoration of other adverse effect on PAPs' living standards(quality of life) through land acquisition (such as the adverse effects of pollution); e) restoration of or compensation for affected private and public enterprises; and f) restoration of adversely affected on cultural or common property. Rehabilitation means: the restoration of the PAPs' resource capacity to continue with productive activities or lifestyles at a level higher or at least equal to that before the project. The objective of this RAP is to provide a plan for the resettlement and rehabilitation of the PAPs so that their losses will be compensated and their stamdards of living will be improved or at least restored to the pre-project levels. To achieve these objectives, the plan provides for rehabilitation measures so that the income earning potential of individuals are restored to sustain their livelihoods. Affected productive resources of businesses (enterprises including shops) and public property. Infrastructure and cultural property will also be improved or at least restored to their pre-project levels. I I f* Contents 1. Project Background 1-11 a. Brief Description of Project and Its Main Purpose b. Areas Affected and Served by the Project c. Social and Economic Backgroundof the Project Area d. Measures Taken to Minimize Resettlement e. Technicaland Economic Feasibility Study f. Preliminary and Final Design of the Project g. Ownershipand Organizationof the Project h. The Census (Social Survey) i. Preparation of the ResettlementAction Plan j. Schedule for Project Preparation Contract Award Construction, and Implementation k. Permissionfor Land Use, Resettlementand Construction l. Decree on Rates of Compensation 2. Project Impact 12-25 a. Land Acquisition b. Affected Structures c. Loss of Employmentin Agriculture, Enterprises and Public Offices
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