China - Third Henan Highway Project : resettlement action plan (Vol. 3 of 7) : Action plan for linking highways to Zhumadian-Xinyang Expressway

RP- 31 VOL. 3 Henan IL Highway Project Resettlement Action Plan for Linking Highways to Zhumadian-Xinyang Expressway (The Fourth Revision) } ,_ A_ C3 Highway Administration Bureau Of Henan Provincial Communications Department November 1999  A  Table of Contents G eneral ................,. , ., .. ........ .... .. .. ] 2 I. Project Background................. .3-7 1. Description of the Project and Its Major Purpose . . ......... .. 2. Regions Affected and Benefited by the Project...t ....... 3 3. Social and Economical Back-round of the Reaions Affected Bv the Prject. ...... ... 3-4 4. Measures Taken to Minimum Miarants .... .. ... 4- 5 5. Economical And Technical Feasibility Studs ..... .......... . .5 6. The Preliminary Design and Construction Desian .............................5 7. Ownership and Organizational Structure of the Project . 8. Social and Economical Survey ...... . ..... .......... ....... ......... . -6 9. Preparation of the Migrant Resettlement Plan.. . ........ .. . ....... 6. 10. Implementation Program Regarding Project Preparation, Contract Signing and Construction/Supervision ... 7 11. Permission of Land Utilization. Resettlement and Construction .. 7 12. Unfavorable Influence Appeared after Implementation. 7 IH. Influence Exerted by This Project ........12 1. Land Requisition ......... ... ........ ....... . . .... ... ..8 2. B uilding A ffected ...... ..... ....... ........... ......... .. . ..... ...... 3. People Affected ........................................ ....... 9-1 0 4 Infrastructure Facilities A ffected. . .10 5. Temporary Occupancv of Land 0. ..... 0 6. L oss of C rops . .................. . .. .......... . . .. .... 7. Loss of Other Properties 1................. , 1 S. Influence to the Vulnerable Groups ...................2.. ......... .... ........ 11-12 MI. Legal Framework .............................................. 13>19 1. P olicy ..... ......................................... 13- 15 2. Laws and Rezulations Regarding Standard of Compensation ........ ...... 15-16 3. Principle for Compensation .... ................. ...................... 16-17 4. Compensation Standard .............................................. . 17-19 (1) Land Compensation and resettlement subsidy ................... ...... ...... 17-19 (2) Compensation for houses (including other building affected) .......19......... 19 (3) Compensation for vulnerable groups .....................1.....9........ ... . 9 (4) Compensation for infrastructure facilities ...............1..............9... I. 19 In. Estimation of Cost for Compensation ................. ..................... 20-21 1. Capital Flow .............................. 20 2. Basic Cost .............................. 20 3. Administration Cost .............................. 20  Table of Contents (Continuous) '7 Estimation of Cost for Compensation .............................. 20 1 4. Contingencv .....20.... , . 5. Miscellaneous (None) .......................................... .......' 0 v Implementation Plan for Migrant Resettlement and Restoration . 22-27 1. Houses ............................ 22-23 2. Removal of Infrastructure Facilities .. 23-24 3. Labor Resettlement .. 23-26 (1) Rearrangement of the village land . . 3-24 (2) Restoration and development of production. .6................................ 2 5 - 2 6 4. Migrant Resettlement ..... 27 VI. Organizations ..... 28-3] ]. Organizations Responsible for Planning. Management, Implementing and Monitorincg of the Migrant Resettlement ............ ... 28............ 2. Responsibilities . . '. -30 (1) The Provincial Migrant Resettlement Office .......... ............................ 28 (2) Municipal migrant resettlement offices ....... I ............. . ................. 29 (3) County migrant resettlement offices 9..... ............. ............. 9 (4) Township Migrant Resettlement offices ............................... __ 9....... 9 (5) Village committees and production teams . ............................... 9-30 (6) Survey and design setup ................................ 3 . (7) Independent monitoring organization ............................0... ............... . 0 3 Personnel ............................ ........ ......................... . ...... 30 4 Training .............. 1 lII. Participation and Consultation .......................... 32-34 X'T. Complaints and Appeals .... .. 3:--36 A. Monitoring ........................... 37-40 1. Procedure of Implementation ................................................. 7.... 37 2. Monitoring Indicators ....... 37 3. Responsibilities ........... 37-39 4. Independent Monitoring Organization , 39 5. Personnel 40 6. Objectives and Responsibilities . 40 7. Timetable for Independent Monitoring .. .. .... .. 40  Thabk caf Ctorit4etrs -ont iI nu Du s' X. Renortin.. . ..l I Interior Repori .. 2 Report Mlade by the Provincial \iirant Resettlernen- Dmce . .-11 3. Report -\ade by lndependeni \4onitoring Organlization ... . .. -i -4 XI. Tablie of Rights. i Appendix 4. .b  I  General 1. General Introduction The expressway from Zhumadian To Xinvang (boundarv) iS one part of Bejin- Zhuhai National Trunkl Highway (NTH). li starts from the terminal of Luohe- Zhumadian Expressway. which is novA under construction. and noes southward alon- Beijing-Guangzhong Railway and the eastern side of National Hitzhwav (N7H) 107 It passes through Zhumadian City, Queshan. Ming-ang, Pinqiao District. Luoshan Countv and shall connect the Julia-uan in Hubei Province. with a total length of 133.79km. It is planned that this expresswaya project shall be commenced in 2000 and completed in 2002. By that time, an expressway shall be continuous from Beijing to Xinvang, which shall play an important role in economical development since its characteristic of being comfortable. fast and safe The linking highwavs. as the attachments to the expresswray, shall function as the conversion and diversion of the traffic flovA and shall impact directly the integrate profit of the expressway. Along Zhumadian Xinvanz Expressway, there are five linking highwavs-Zhumadian Link-ing Highway, Quanshan Linking Highway and Minggang Linking Highway, which locates in Zhumadian Prefecture to connect the local highwavs to the Expressway. Fenjiatang Linkino Highway (irn Pingqiao District. Xinvang City) and Guopenp Linkingi Highway- which locates in Xinvang Citv to connect the local highways to the Expressway. The details of the linking highway's are shown as follows: Summary of Linking Highways of Zhumadian-Xinyang Express-way No. Description Zhumadian Queshan Minggang Guopena Fenjiatang Link-ing Link-ing Linking Linking Linking hwye ! hwy- 'lhwv' hmw hw\ I___!_ Mileage 7.35 5.87 6.1 162 15 2 Design speed 1 80 8( 8(1 . (0 80 i VvBWidth of subgrade 1 8 18 1 7 1 14 18 1 8 4 W Width of pavement 15 15 14 12 . 1 '5 Width of shoulder ?* I 2*1.5 2*1. 1 2*1. I *1 - _____________ 2 l- _52* 1.5 * i 6 Net clearance of 15 15 14 i 12 15 1 1 I The bridge deck l I . ___l_l_I 7 Grade of load Automobsal-20 Automobial-20 i Automobial-20 Automobiai-20 Aulomobial-20 __________________________________ 1Trailer-IO0 0 Traler- IO I rail1e- l0O I Trailer-IOU I TraileT-1O0 i 8 Flood frequencyE 1/100 F11 1/100 1/100 i' 9 Type of pavement Asphalt Asphalt Asphalt I Asphalt Asphalt concrete i concrete i concrete concrete concrete 0I Type of interscction ID_l_I 2. Target and Principle for Resettlement The target of resettlement for the linking highwavs is to maintain the living standard and productive viability of the local residence affected by the land requisition and removal (or to resume and improved within one year). The principle for resettlement is to makle as fewer as land requisition and removal as I  possible. 3. For linking highways. the total permanent land requisition shall be 742 5mu. temporary land requisition shall be 687.3mu and the total house removal shall be 11.941sq.m. So the total compensation shall be 23.449939 billion-vuan (Rlv\3)  1. Project Background 1. Description of the Project and Its Major Purpose According to the schedule made bv Henan Provincial Communication Department. the Pre-feasibility Study for Zhumadian-''invang Expresswav shall be completed in May 1998 and its Feasibility Study completed in August 1998. and at present. the Preliminary Design shall be on the wav. In November 1999, the bid for construction shall start and construction mobilization shall be made by the end of the vear 19Q9, then the commencement of the construction. In 2002. the expressway shall be completed and open to traffic. Therefore- the linking highwavs, as the attachment facilities of the expressway, shall be constructed as svnchronously with the construction of the expressway as possible to ensure the operation profit of the expresswav (after completion and open to traffic). The linkino highways shall connect the expressways with the interchanges, In order to construct the linking highwavs as syrnchronously with the construction of the expressway as possible, based on the requirement made by the World Bank. the highwav organizations in Zhumadian Prefecture and Xinvang Citv have made special arrangements. The En-ineers form Zhumadian and Xinvan, shall make detailed plan and study to the link-ing highways respectively according to the Feasibility Study of Zhumadian-Xinvang Expressway and the general plan of the interchanges & linking highwavs. Thev will focus on the issue that the linking hiighwavs intersecting the Beij ino-Guanazhou Railway and try to make sure the construction standard of the linkinu highways can meet the requirement of long-run traffic volume, so as to ensure the operation profit of the expressway after completion and open to traffic 2. Regions Affected and Benefited by the Projec T he expressway from Zhuniadian to Xinvang directly influences Zhumadian Prefecture and Xinyang City, includina 12 counties or districts under their administration: Qinyang. Runan, Queshan, Pingvu, Suiping. Shanigcai. Xincal, Zhengyang. Pingqiao, Luoshan, Xixian and Guangshan as well as Luohe City and Hubei Province. It will influence indirectlv 5 counties including Xinxian, Huangchuan. Huaibin. Gushi and Shangcheng as well as Nanvano Citv. Zhoukou Prefecture and Anhui Province The construction of 95 52k1m long expresswav shall bring vioorous development for the above-mentioned areas, which are main grain, cotton and edible oil producers in Henan Province. Also the investment environment shall be improved and the economical development shall be promoted. It will make great role in poverty fighting 3. Social and Economical Background of the Regions Affected by the Project Zhumadian Prefecture is located in the south of Henan Province with total area of 15,093Sq.m. 753.000 ha of which is arable land. Its total population is 7 89 million, in w-hich 7.04 million are agricultural people and 850.000 nonagricultural people. Its  population density is 523 person per square meter. The av\-rage arable land per capila is 1.6mu The main scope for agriculture includes -rain. cotton and edible oil N\tain industry sections include non-metal development. building materials. medicine textile. machiner. electricity and chemistr- Its main products include cigarette. beverace. alcohol, tex-tile products. machine-made paper. paper plate. sy nthetic ammonia, plastic products and cement. Its GDP in ]997 was 225.09 billion-yuan. average 2.806 vuan per capita, ranking the i 5th in 1 7 cities and prefectures in the province Xinyang City, wFhich connects with Hubei Province. is located in the south end of Henan Province. It has 18.915sq.m of land with 520.000ha. arable land It has 7T million people including 6.6 million agricultural people and I million non-agricultural people. The population density is 402 per square meter. The average arable land per capita is 1.2mu. The main scope for agriculture includes grain., cotton, red ramie and tea. Main industry sections include machinery. electricity, medicine. building materials, foodstuff, feedstuff. textile and chemistry. There are 38 kinds of explored valuable mine resources, including serpentine and pearlite wN hose storage rank-s first in China Its GDP in 1997 was 22.054 billion-lyuan. average 2,785 vuan per capita. ranking the 16th in i 7 cities and prefectures in the province. Zhumadian Prefecture and Xinvang, City are both under-developed regions in economy of the province. The back-ward situation in economy needs to be improved 4. Mleasures Taken to Minimumn Migrants A lot of work has been done to minimum the influence caused by land requisition at the stage of feasibility study of the project. The alignment of this proposed expressway is determined according to the result of aerial photograph-., the land and the buildings to be influenced can be clearly distinguish in the photograph. In order to minimum the influence to the local people caused by land requisition of this project. Henan Provincial Communications Planning. Survev & Design Institute discussed with the leaders of highway construction departments and local covernments along the route to work out the scheme of alignment. A 1:2000 topographic map is finally adopted. with the purpose to take the influence of removal and resettlement into consideration. to determine the scheme of alignment. From the stage of preliminary design. land requisition and migrant settlement has been the main factors that decide the project design and alignment. Because a lot of work has been done in survey and design stage. best efforts have been paid to minimum the influence of land requisition. In order to minimum the quantity of land occupation and removal. further adjustment for horizontal alignment is made during final design period. to avoid the alicTnment goes through those villages whose population is large. Also, the longitudinal gradient is reasonably adjusted to shorten the height of fill and the depth of cut. and the interchangies are arranged properly. 4  In addition. effort shall be made to minimum the influence caused bv land requisition and settlement during construction period The temporary land used shall be focus on existing buildings and waste vards (e.g. townmship enterprises that have been closed). Also, best effort shall be made to balance the earthwork durinpg construction period. borrow sources shall be arranged in the waste land or waste hills. Each of the linking highways shall be desioned in such wvay to not only take the long/medium term period development of the corresponding cities into consideration but also shall use the existed highways as far as possible. For this purpose. two schemes are made for each of the linkina highwavs to try to minimum the land occupation and house removal as well as the noise in urban area and the pollution from the tail gas of the vehicles. During the period of implementation. all of the temporary land requisitioned shall be resumed to arable land. The borrow sources shall be chosen on the land wasted, and the depth of excavation for the borrowv sources shall be restricted to make sure thev can be resumed to arable land later. No matter the land need for temporary use or soil borrowino- no removal and migrant resettlement shall be made. During the period of land occupancy, besides the compensation shall be released to the farmers, the labor forces affected shall be arranged to work on the project as far as possible to increase their income. 5. Economical and Technical Feasibility Studv This project belongs to the attachment facilities of the Zhumadiam-Xinvang Expressway. no approval is need from the MOC and SDPC. Its Feasibilitv Study in on the way to be approved. 6. The Preliminary- Design and Construction Design Zhumadian Highway Survey & Design Institute and Xinyang Hi2hwzay Survey & Design Institute shall be in charge of the survey and design for this project. 7. Ownership and Organizational Structure of the Project This project belongs to the attachment of the Zhumadiam-Xinyang Expressway, its maintenance shall be carried out by Highway Administration Bureau of Henan Provincial Communications Department. During the construction period, the land requisition and migrant resettlemenm shall be responsible for by the construction leading group at different levels and the offices under it. 8. Social and Economical Survev The social and economical survey for this project was carried out by the design units together with the municipal, district, township leading, group offices and the representatives of the farmers affected under the requirement of Provincial Construction Leading Group Office. The survey period was from March 23, 1999 to June 4. 1999. totally 74 days. The survey was focus on economical situation of the counties. towvns and villages along the linking highways, including basic production  conditions, geological environment, production forms, living habits, living levels. people coristitution., soil quality, attachment quantity. market price of local materials and the attitude of the local people towards this project. The survey forms mainl- included checking statistic data of 1998,1997 and 1996 in statistical bureaus at countv level, visiting officers at county. township and village levels and the people who are involved in land requisition and removal. ln October. the area of the land requisitioned and the number of the buildings attached were measured. then the people involved including the people from the city, county. township offices and the farmers had signed in the registration table for confirming. All the investigators and the people who were investigated were very concerned about this investigation. Most of the local people expressed their supporting to the Fenjiatang Linking Highwav Project. However, when the attachments on the land were verified, arguments were made more or less, the investigator could take the local people's opinions into consideration based on the actual situation and handled the problems properly. Durino the construction period and within one year after completion of the project, the follow-up investigations shall be made by the project's management organizations and the independent monitoring organization, and then an assessment report concerning the regional social economical condition shall be made by them. Based on that, the further improving measures shall be adopted accordingly. The investigation group included the following members (1) Wu Jin_shun: Chief of Planning Division of Communication Bureau of Zhumadian Prefecture, who responsible for investigating the economical condition of each village. tow-nship and county along the proposed highway; (1) Sun Hailin: Chief of the Desiczn Division of Highway Administration Department of Zhumadian Prefecture. who responsible for investigating the economical condition of each village, township and county along the proposed highway. (3) Zhang Baogang: Chief of Design Division of Highway Management Department of Xinvang City, who responsible for investigating the economical condition of each village, township and countv along the proposed highway. (4) Peno Zitao: Chief of Planning Division of Highway Management Department of Xinyang City, who responsible for investigating the economical condition of each village, township and county along the proposed highway. 9. Preparation of the Resettlement Action Plan (I) The design unit shall provide land requisition quantit), attachment quantity and population affected by land requisition and removal according to Construction Design. It will also provide economical situation of the project area, traffic volume forecast after completion of this project and the foreseeing of economical development based on Feasibility Study Report. (2) Set up migrant resettlement organizations. The construction authorities of this project at provincial and city levels will be established in December 1999. By that time, the relevant organizations or leading groups in Xinyang and Zhumadian 6  Cit/Prefecture. and Pingqiao, Runan Queshan counties'districts as well as townships (towAns) under their administration will be set up The leading groups and the offices will be in charge of passing through land requisilion formalities. carmvina out removal plan. releasing compensation fee. settling dowxn affected people. guarding social securitv, coordinating relationship between the Contractors and local people solving problems based on contracts or authorization of the higher authorities (3) Giving publicitv of the significance of the project and the laws and rules on which compensation policy is made (4) The construction authorities and the offices under them at count! and district levels are in charge of making up migrant resettlement plan. especially staff trainine plan to make rearrangement of the land 10. Implementation Program Regarding Projeci Preparation, Contract Signing and Construction/Supervision Oct 10, 2000 Pre-qualification documents submittin- to the 'World Bank Dec.20, 2000: release of bidding documents Jan.25. 2000 Bid opening Feb 25. 2000: Commencement of construction Feb 25. 2000-Oct.25. 200] Construction period Oct.25. 2001 Time for completion June 5. 20&-Nov- 5. 2-000 Pre-approval of land requisition and removal 11. Permission of Land Utilization, Resettlement and Construction The total permanent land occupation for this project is 742.Smu and the temporarN occupation of land is 687.3mu. The plan of land utilization and other relevant documents shall be submitted for approval before May 2000. and the best effort shall be made to get the approval from the State Land Administration Bureau before September 2000. The people influenced by land requisition shall be resettled through rearranuement of land. And the rearransement of land shall be made properly before commencement of the works 12. Unfavorable Influence Appeared after Implementation This project is not implemented vet  1-. Influence Exerted by this Project 1. Land requisitioF Schedule of Land Requisition Table 1 No. Category .Unit Quantity i A B ' _C ] _ Total land requisition for this project (2-3) mu 1429. 8 2 Permanent land requisition mu 742 5 |__3_I1Temporaryland requisition i mu 687.3 ! 4 Land requisition in cities mu 0 5 Arable land requisition (all dry land, the crops is mu 691.9 | wheat) _ 6 Requisition of land with buildings (homestead. mu 79.64 _ I_enterprises or public buildings) l _ 7 V \Jegetable plot mu 34 8 Orchard mu i 4; 9 Forest land mu 1 6 10 Uncultivated land mu 68 I I Other mu 11 12 Pond mu 46 13 Migrants affected by land requisition (total) person 1640 14 Houses affected by land requisition (total ) Sq.m 11741 1 5 Administrative organizations affected by land each requisition 16 Prefectures, cities each 2 17 1 Counties/districts each . 2 I 8 Townships/towns each 5 1 9 V;illages each 16 20 i Percentage of arable land required permanently by this project in the total arable land of affected villages % 1 0.26 (or production teams) l 21 I Average arable land scope for each person in each mu I 1.23-1.35 township affected 922 ( Averaae arable land scope for each labor in each mu 1 1.83-2.01 - township affected _ ___ 23 Average arable land scope for each labor in each mu 1 88-2 04 villagze affected 24 Number of villages/production teams whose land and each ____ labor ratio is lower than the standard of township _ 25 Number of villages whose land is impossible to be each None _______ rearranged due to limit of land The secondary influence caused by rearrangement of land: in order to provide land to those who are affected by land requisition, the secondary influence shall be exerted  2. Buildings Affected Schedule of Buildings Affected Table 22 No. Category Quantitv Area (householdI (Sq.m) 1 Private houses to be affected 417 1-5679 2 Private houses to be resettled 417 15679 3 Public building to be affected 0 0 4 Total (to be resettled) 417 15679 TYpe of Buildings Affected Table 2. No. Structure ' Unit Quantity Purpose I Brick wood Sq.m 1800 Residential 2 Brick concrete Sq.m 8872 buildings and 3 Simplified rooms Sq.m 1269 their attachment 4 Miscellaneous Sq.m 5 Total Sq-m 11941 3. People Affected Schedule of Population Affected Table 2 4 Tvpe IHousehold Migrant No Number Number A B C Total number of migrants affected by land requisition 685 3064 (2-3+6) 2 Agricultural-used land affected by land requisition 265 1119 1Private houses 377 1775 4 Public and enterprises' buildings 0 0 5 Temporarv land requisition 1 179 772- 6 Number of people who can get land allocation form None None reserved land (not from land rearrangement) 7 Number of labors whose land occupied is less than i 240 997 25% of their agricultural-used land 8 'Number of labors whose land occupied is less than None 1 210'&-50% of their agricultural-used land 9 1 Number of labors whose land occupied is less than None 50%,0-75%/o of their agricultural-used land 10 Number of labors whose land occupied is more than None i 75% of their agricultural-used land I Note The comprehensive residential standard for the villages affected is not less than the averaoe standard of the counts. Most of the houses affected are brick wood 9  structures. Compensation to farmer is based on market fesettlement price. Because most of the farmers have fund deposits. the standard of new buildings shall be higher than the original ones. According to the investipation, most of the migrants are willing to built brick concrete houses. Addendum I Summary of the Migrants Affected Item Arable Land Arable Land and Private Public I Migrants X _____ ____i_ Private Houses Houses Houses I Affected _ __ - _ ___ __ __ _ _ _ *__ X _ , __U ; ~ i I I I) rTot-al j 11]19 265. 943n 534 1 39 5 z14 13,77 2 37 1 126 3() 1009 1397 l 4. Infrastructure Facilities Affected Schedule of 4nfrastructure Facilities Affected Table 2.5 Item Unit I Quantity Total Owner Power supply m 8750 145 places Power Supply Bureau facilities 1 (29 places) of Pinggiao District Telecommunication I m 3350 68 places I Telecommunication Bureau facilities _ | (11 places) I of PingqiaoDistrict Water Channel I m 2460 4205 i Collective property Wells each 219 4 Private property 5. Temporary Occupancy of Land The temporary occupancv of land for this project is estimated to be 687.3mu. Note: All of the temporary land requisitioned is dry land. which will be served as borrow sources, material plants and living areas. The period shall be from September 2000 to 2001. when the completion of this project. The land shall be resumed back to arable land.  6. Loss of Crops Estimated Loss of Crops Table 2.b Estimated Loss of Crops Total wheat. corn rice mu yield mu Iveld mu yield (vuan) (yuan) __ y(vuan) A B IC D E F Loss due to permanent land occupation ! i Loss due to temporary! land occupation ! Total 7.9) n15 1& 636.841 1.322 1.271.104 9 237 9.907.952 7. Loss of Other Properties Other Properties Affected b) This Project Table 2.7 No. Other Properties Affected bv This Project I Unit Quantity A B C Enclosures 2194 2 Tombs set 469 4 Fruit trees piece 6661 S i Timber trees piece 4486 8. Influence to the Vulnerable Groups The vulnerable groups include impoverished families, one-parent families and families supported by old people. Table 2.8 shows the qualification standard of vulnerable groups and Table 2.8 provides the number of vulnerable groups affected. Qualification Standard of Vulnerable Groups Table 2.8 CNo. Category Standard Impoverished families The family whose average monthlv consumption expense is less than *_____________________________________ '70vuan 2 ' . One-parent families Only means the family supported by mother 3 iFamilies supported by old people Household head is more than 70-vear- old, and only has daughter but hasn't son 4 l Others f Household head and other main labors are sick for a long time 11  Schedule of Vulnerable Groups Affected Table _29 No- Description HH NS Number of Migrani __ : _ _ _A B C I Families in which women are major force _ 2 Old people who live independentlv y 3 People who are vaietudinarian 1 _ 0 14 *Impoverished people (families which are 30 supported by old people or families whose household heads have lost working ability) 5 iMnority nationalities __l L 6 Total 60 l _ _ _ ! l~~~~~~~~~~i  1I1. Legal Framework I. Policy I. Policies on land requisition and migcrant resettlement are formulated at three levels in China * Basic policy framework- set up by central covernment throucgh issuing state lawKs and enforcement guidelines * Comprehensive/special regulations and enforcement methods on carrying out state laws issued by provincial governments. * Relevant regulations issued b\ Prefectures/cities. which are accorded with the state/provincial laws and reaulations, and are only applicable in the specified jurisdictional areas. The Resettlement Action Plan is prepared according to the following laws, regulations and the Guideline of Non-volunteer Migrants (OD4.30) issued bv the World Bank-. The implementation of the Resettlement Action Plan shall be based on the said lay framework 2. Laws and Reaulations Regarding Compensation (I ) State laws and regulations The following laws contain the key policies about land, grassland and forest: A. 'Land Management Law of the People's Republic of China". It is approved by the 16th session of Standing Committee of the 6th National People's Conzress in June 1986. and is revised on Aua. 29. 1998. It comes into force since Jan. 1. 1999. B. "Enforcement Regulations for Land Management Law of People's Republic of China", it is approved bv the Standing Committee of the State Council on April 24. 19Q8 and comes into force since Jan 1, 1999. C "State Forest Law " and its implementing regulations. (2) The major provisions of the Land Management Law (the most important part) are shown as follows: Ownership (1) The people's Republic of China carries out socialist public ownership for land. That is national ownership svstem and collective ownership svstem. The land in urban area belongs to the state. The land in countryside and suburb, apart from those that belongs to the state bv law belongs to collective of farmers. Homestead & household plots and household hills belong to collective of farmers (Clause 8 of "Land Manazement Law of China"). (2) The land that has collective ownership of farmers belongs to collective of farmers of a village by law: shall be managed and operated by the collective economical lI.  organization of the villaue or by farmers committee of the villaoe The land that has collective ownership of farmers belongs to two or more than two of economical organizations of a village respectively shall be managed and operated accordingly b\ the collective economical organizations of the village or by farmers' group of the villa2e. The land that has collective ownership belonas to a town/township. shall be managed and operated by the countryside economical organization of the town/township (Clause 1 0 of "Land Management Lawa of China" (3) The land owned by the collective of farmers shall be registered and recorded in the county government. The certificates to prove the land ownership shall be issued by the county government after confirmation (Clause I I of "Land Management La" of China"). (4) If the purpose of the land ownership is to be changed. it shall registered (Clause 12 "Land Management Law of China"). (5) The ownership and right of utilization of the registered land by lavw is protected by law. It is prohibited to violate by any units or individuals (Clause 13 of "Land Management Law- of China") Land usage (I) Units or individuals can use the land that belongs to the state and collective of farmers bv law. The land user has the obligations to protect. manage and properly use the land (Clause 9 of "Land Mxanagement Law of China"). (2) Land survey system is set up by- the state (Clause 27 of "Land ManagemenL Law of China"). (3) Land statistic svstem is set up by the state (Clause 39 of "Land Management Law of China") (4) The governments at different levels shall organize to prepare an integral plan for land utilization according to the plan of social and national economy development. requirements for state land renovation and environmental protection, land supply abilitv and the need of land for constructions (Clause] 7 of "Land Management LaN of China"). (5) Arable land is strictly controlled being transferred into non-arable land. The state carries out compensation svstem for arable land occupation. If the arable land is to be transferred to non-agricultural construction land after approval, the unit that occupv it shall be responsible to cultivate another piece of land with the same quality and the same amount according to the principle of "Cultivate the same land as you use". For those who incapable to cultivate or the cultivated land can't meet the requirement. arable land cultivation fee shall be paid according to the relevant 14  regulations. This fee will be speciallr used in cultivating nexx-arable land (Clause '1 of "Land Manauement Law of China'' Land used for state construction (1) Procedure for approval If the approved project needs to use state land for construction. the construction unit shall apply to the land administration authorities above county level that have approval right with relevant documents of lawA- and administrative regulations The application shall be checked by the land administrative authoritv and reported to the government at the same level for approval (Clause 53 of "Land Management Lax\ of China"). (2) Confirmation for approval Land used by units and individuals for a specific project shall be handled accordin- to Clause 22 and 23 of "Enforcement regulations of Land Management La-' The authority of approval to unused state land for construction projects is that: (a) land less than 2ha. shall be approved by countv (city) government. (b) land more than 2 ha but less than 4 ha. shall be approved by city ( prefecture) government, (c) land more than 4 ha shall be approved by provincial government Apart from paid use land, after the project is completed and passed examination fo. acceptance. "State Land 1Use Certificate'' shall be issued (Clause 36 of "Execution Method for Land Management Law in Henan Province"(revised draft)) 2. Laws and Regulations Regarding Standard of Compensation Permanent land requisition decrees are mainly based on the revised draft of 'Land Management LawA" executed in Henan Province. It is marked in Clause 34 of the "Land Management La>"- that after the proposal of land used for construction land is approved, the compensation to the unit whose land is in requisition shall be executed according to following rules ()) Land compensation fee The requisitioned arable land (including vegetable plot) orchard, fish pond. lotus pond and tea garden in suburb of cities under direct provincial administration shall be compensated by S- I0 times of the annual output value. Other land in suburb of other cities, industry/mining areas and towns under direct administration of county shall be compensated bv 7-9 times of the average annual output value for the last 3 vears. The land in other places shall be compensated bv 6-8 times of the annual output value, In the requisitioned arable land, the by-products of crops (vegetables excluded) shall be calculated by 15 -20% of the output of their corresponding main products. When the orchards where no fruit is growing. newly-built fish pond. lotus pond. reed pond, tea garden and forest land are requisitioned- the compensation shall be made I'  according to the lowest standard of the adjacent arable lancfd For the land used for residence and the collective land used for public facilities- commonweal benefits or used for individual business, apart from removal subsidy shall be mad. it shall also be compensated as arable land. (2) Resettlement subsidv The settlement subsidy for arable land and other land requisitioned shall be calculated according the number of agricultural people to be resettled That is: the agricultural people to he resettled = the requiisitionied landL-hec alverage arahl/ land per capita. The standard of settlement subsidy for each agricultural person to be resettled shall be 4-6 times of the average output value of the corresponding arable land in last 3 vears. For suburb under direct administration of the province, it shall be 6 times. For the suburb of other cities. land in industrial and mineral areas and towns under direct administration of the county, it shall be 5 times. For other land, it shall be 4 times. but the settlement subsidy for per ha. shall be no more than 15 times. (-3) Compensation for young crops shall be made according to the output value of one harvest. (4) Compensation method and standard for attached buildings shall be executed according to the regulations made by the provincial government. New attachment built after land requisition bulletin is issued shall not be compensated. It is marked in Clause 24 of "Land Management Laxvw that after land is approved to be used for a project, the land user shall make arable land cultivation scheme for approval of the authorities in charge of land administration. The land user shall be responsible for cultivating arable land that has the same area and quality of the land occupied. If the land user is incapable to cultivate or the cultivated land cannot be accepted. arable land cultivation fee shall be paid. The collection, use and manaoement of cultivation fee shall be regulated in other regulations of the provincial government. (lNote: The cultivation fee is temporarily determined as the same cost of land compensation. 3. Principle for Compensation (]) Avoid land requisition as far as possible. If it is impossible to avoid, land requisition shall be as fewer as possible, then a Resettlement Action Plan and payment for various compensation shall be made accordingly. 16  (2) Make sure the livinsu standard. productive ability and- income of the people influenced can be resumed to the oricinal level. (3) Buildings such as residential houses to be removed must be compensated according to reconstruction price. (4) In principle, the neu houses for the migrants shall be ready before the demolilion of the old ones, and the removal expense shall be paid if a transition period is necessary. the units who undertaking the proposed project shall properly pay the corresponding expenses (5) The units who undertaking the proposed project shall strictly follow the compensation policy and standard drawn up in the Resettlement Action Plan If there are some important or major variations durin the implementation period. a report conceeming this case shall be submitted to the World Bank before they come into force. WAAhen it is necessary, revision shall be made to the Resettlement Action Plan. 4. Compensation Standard (] ) Land compensation and resettlement subsidv Akverage Output Value/Per Mu. Land Compensation Fee. Resettlement Subsidy and Times Table 3 1 Tj i1cal Average Typicai Times 0\o. Output Value Zhumadian Xinvane Zhurnacdian xNnane Prefecture CMI\ Pretecture CM A .R B C I Land compensation for the arabic land in 1.(91 961.5 o. . X the area where the proposed project locates 2 Resotnlement subsid' (based on1 eaci 1.(91 961.5 4 6 person to be settled) 'Note: For those towns under the direct administration of the Quenshan C.ountv. Zhumadian Prefecture, their weighted average land compensation fee shall be 6.33 times of the annual average output value l~  Land Compensation Standard Table 3.2 Item Standard , Compensation Total compensation fee No. Times Per mu (vuan) i_____________ ______________ ZMD XY ZMD XY A B C D E I Arable land (mu) Lower limit specified inI ](3 14.5 -t92i)7 12.579' --provincial EXecutioni Method of Land I _ _ _ _ _ _ _ _ _ _ _ Mananement LaWx. ! 2 Land compensation 633 8 6.906 7.692 3 1 Resettlement 4 6 1 L35 4.406 I__!_ subsidy- 0 4 1 4 Y Xong crops X '46 41 1 __Compensation _ I 5 Tax for arable land 1T067 1.(067 Occupation 9 7 6 Land cultivation fee 6 I_.9(i6 . 7.6_92 Note:(I) ZMD-Zhumadian. XY-Xinyans (2) The resettlement subsidy shown in the table is based on each mu (converted from each person). Information: initial consultation from Land Management Bureau of Zhuniadian Prefecture and statistic organizations of Xinvang City: Arranged by Henan Provincial Land Managrement Bureau and government of Pinqiao District. Xinyanu City, in first of June 1999, the compensation standard for land requisition was preliminary estimated by Land Management Bureau of Zhumadian Prefecture and Statistic Bureau of Pingqiao District. Xinyang City. and a report in writing were furnished. The report shows that the average annual output value for every mu of cultivated land is different form the calculating result, but the difference is sli_ht. In the "Budgetary Estimate Program for Compensation of Land Requisition" provided by Land Management Bureau of Zhumadian Prefecture in June 15, 1999, the compensation rate is 1,11 8yuan/mu.year, while the calculating result for compensation rate is 1,091yuan/mu.year, the difference is only 2.4%. The annual average output value per mu for the township/town along the proposed project in year 1998 is 10O.4.5vuan,mu.year (data provided by Statistic Bureau of Pingqiao District, Xinyano City), while the calculation result is 961.5Svuan/mu-year, the difference is 838.  Result of Negotiation with the Representative of the -People Influence Table 3 t Date rPnce No A B C _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Z MDI) X Y Price requested ! toxtons and counties for arabic land output 99. 7. 5 1 118 ] 054.5 value vuanJmunj 2 1 Pnce sugoestedh\ PMOm.ianimu, 99.7-5 1 .091 961 5 3 Pnceagreedi(vuan/mu) 99.7.5 1.091 96 1. 5 4 Priced requested b\ townms and counties for houses (bncrc - 99 7 5 350-400 350-400 i__ i_ wood structure (5gm) [ - 5; i Price suggestedb% PMO (Sq.m) 240 240 6 Pceagreed(Sq.m) 240 240 Note: The compensation standard for land and houses is stipulated by the provincial government. After explanation of the stipulation is made to the people from the county/township. the standard stipulated by the provincial government is accepted. Compensation for Young Crops (1) Compensation for voung crops shall be based on Clause 34(3) in "Execution Methods in Carrving Out Land Management Law in Henan Province" (revised draft). That is, compensation shall be based on output value for one harvest (output value for one harvest: 546yuanimu for Zhumadian Prefecture. 481vuanwmu for Xinvana City). so the total compensation fee for the whole project shall be 309.000yuan RNfB. (2) Compensation for houses (including other buildings affected) Refer to Table 33. (3) Compensation for vulnerable groups: 1.O00vuanlhousehold (4) Compensation for infrastructure facilities: see Table 3.4. Cest for Restoration and Improvement of the Infrastructure Facilities Table 3.4 Price Price Request No Infrastructure Facilities ! Suggested b bythe County Price Agreed Affected bvthe Unit who or the Township Undertaking the l__ __ Proj ect __i A B C D I Machine-powered ,)2.200yuan/well 3,000vuan/well 2,200yuan/well Iwells i i__ 2 ' Hand-pressure wells 300vuan/well 300vuan/well 300vuan/wel] i 3 i Power supply facilities Budgetar\ estimate Agree withthe Agree tith the Telecommunication of the power supply budaetar- estimate bud4etarN estunate and made by, the made by the facilities telecommuTucation concerned concemned I_____________________________ _ ' |departments departments I departments 19  IN'. Estimatiort of Cost for Compensatiorf The expenses occurred in land requisition and migrant settlement shall also be included in the general budzetarv estimate of the project. In the execution of RAP. the Resettiement Action Plan shall include annual fund requirement in annual irvestmenl plan. The total cost estimation for land requisition and migTrant settlement. based on the price of June 1999- shall be '23.693367 million-yuan RMEB. 1. Capital Flow According to the compensation policy and standard given in the Resettlement Action Plan. PMO shall sign agreements of compensation with local land management bureaus, land providing orgsanizations, enterprises and public infrastructure organization respectively The compensation fee shall be paid according to the agreements and the schedules 2iven in the agreements. The PMO shall allocate the compensation fund to the township governments, village committees and the people who are influenced through city/County construction authorities. The compensation for public infrastructure facilities affected shall be paid to those public enterprises concerned through city/county authorities. 2. Basic Cost Detailed caiculation for various expenses see Table 4. 1 .3. Administration Cost For the oruanizations that are responsible for migrant settlement and restoration. another 3%/0 of the total compensation fee for their jurisdiction areas shall be drawn as their administration cost. The other governments at different levels have no right to draw- such administration cost. 4. Contingency The estimated cost for implementing Resettlement Action Plan shall include the changes caused by unforeseen prices and quantities. The contingency takes 10% of the total estimated compensation cost. 5. Miscellaneous None  Estimated Cost for Cornpensatiern -'a hen; L~~~~~~~~~huniadiaui Prelecture Xin\anm Clt\ 1ToUd I. Permanenit ivu .~ Land Requisition - I Land Mu compensation Ii -9 6 )1 2269 62 094 6 4''3 2 Resettlement Mu I - Subsid\, - IC 6 3. Yong Crops mu I~ Compensation 4. Arable land mu Cultivation Fee 69~ 2293 : 292 1'- 4 4 5.Tax for Arable land mu . OccupationI r 9" -7(3 6.Forest Resioration mui I- ~ :s 249 Fee 9 33 93. 9 LII. 'lemporar\ Land imu ;. 677 9i C(alculation -- 1 S_- 41~~~fllll I 1, 1 911" C'~~; based on two IRequisition 73 22 132 ' 93. IDI Buildim!s m28,4 Demiolition I. Bick, Concretem- 62. 2l -621. 24 .1(4 12 223 2. Brick and T'ile in Hiouses 9. 1-arth-v\aL anid Tile in 4I Simplified Hiouse in' 5. Removal Expenise io- TVt Attachiments 1*omnb4 se" 2 Machme-poxeresi each 9,., H'I-and-pressure each n