China - Guangzhou City Center Transport Project : resettlement action plan (Vol. 2 of 2) : Guangfo exit radial road project

RP45 Volume 2 Guangfo Exit Radial Road Project r-J Resettlement Action Plan v3J C;O Guangzhou City Center Transport Project Office Guangzhou Road Expansion and Engineering Office May 2002 IR  Guangfo Exit Radial Road Project Resettlement Action Plan Group leader: Liu Haiteng Vice leader: Mai Guozhen Yang Liangkun Member of the group: Full time: Liang Dacheng Mo Suilin Cai Janyu Liang Shangyu Huang Geng Part time: Huang Jianchang Mai Yaorong Guan Zhixiong Du Muju Zhou Jian Written by: Liang Dacheng Zhou Jian Cai Jianyu Proofread by: Cai Yueying Translated by: Marie Mei  Guangfo Exit Radial Road Resettlement Action Plan (Summary) 1. Introduction Guangfo Exit Radial Road is one of the seven radial roads of the Inner Ring Road leading to seven directions, which is an urban expressway. Locating in the southwest of the city the road starts from Zhongshan Road No. 8 Interchange at the east, nins along the two sides of Guangzhou-Sanshui Railway, crosses the Pearl River, and then continues to go westwards through Datansha Island and Fangcun Da Dao and meets finally with the Huangqi Interchange of the Out Ring Expressway. The road runs throughl two administrational districts of Baiyun District and Fangcun District in Guangzhou and two administrational districts of Huangqi District and Yanbu District in Nanhai city with the total length of 5.5km. The land acquisition needed for the project is 305.67mu, the number of the households to be affected is 35 with the total floor area of 10958.38m2 to be demolished, the number of the shops and offices to be demolished is 347 with the floor area of 11122.9m2, the number of the enterprises to be relocated is 7 with the floor area of 3593.13m2 and a number of other infrastructures. Guangfo Exit Radial Roads is an important component of Guangzhou City Center Transport Project. The provision of this road will play an important role in further improving the traffic condition and investment environment and will promote the development of the national economy in Guangzhou. Guangzhou City Center Transport Project having come into effect in 1998 includes a number of components. The purpose of the project is to improve the traffic condition in a rapidly developing city with the population of 6.5 million. To build the Inner Ring Road in the congestive city center involves substantive land acquisition and resettlement of residents, shops, enterprises and public facilities. The project established a complete set of resettlement policies and the policies guided successfully the preparation and implementation of the Resettlement Action Plan. These resettlement policies approved by the World Bank in January 1998 are now being used as the guidance for the preparation of the RAP for Guangfo Exit Radial Road. During the preparation of this RAP experience and lessons of the involuntary resettlement of the Inner Ring Road project were drawn. The ways of passively waiting for the complaints and the post-monitor will be changed into the way of  monitoring in advance and during the course. Solutions for the existing problems of the resettlement management will also be explored to further improve the level of management. Based on the objectives of the resettlement set for the Inner Ring Road project this RAP further puts forward the objectives of the resettlement management and will implement a fire-new resettlement working pattern and management means - the integrated municipal land acquisition and resettlement information management system. 2. Objectives and principles of the resettlement The objectives are to ensure that the affected people will get the compensations for all the loss of their assets and share the benefits of the project through the reasonable resettlement and good rehabilitation, will be compensated for their temporary difficulties, and their income standard and living level and the capability of production of enterprises and profit-making will be improved, or at least be restored at the former level. 3. Policies and legislation's of the resettlement The resettlement policies of the Guangfo Exit Radial Road project are formed in accordance with the national laws and regulations and the World Bank guidance of involuntary resettlement OD4.30. Guangfo Exit Radial Road is one of the seven radial roads of the Inner Ring Road leading to seven directions, which is an urban expressway. Therefore, the resettlement policies of the IRR will be applied to the resettlement work for Guangfo Exit Radial Road. 4. Institutional arrangement and staffing of the resettlement work The resettlement work of Guangfo Exit Radial Road project will be organized and implemented by Guangzhou Road Expansion and Engineering Office (GREEO). Through the establishment of a strong institutional structure, a good cooperation with the departments concerned, and the clear definition of the responsibility of each department, the GREEO will ensure that the resettlement work will be completed with high quality and high standard. 5. Policies of the resettlement The resettlement and rehabilitation policies are prepared according to the classification of different kinds of the PAPs. The project will minimize the resettlement amount as far as possible. The project will plan and build the resettlement areas according to the urban development  plan and provide the PAPs with better living condition, improve the public facilities and traffic conditions, encourage the economically self-dependent employment, resettle the PAPs originally lived in the same place together to form a similar. community as that before they moved, pay attention to the vulnerable group (elders, widows, the single parent families and the handicapped etc.). The project will make use of the social insurance and unemployment welfare, pay attention to the environmental and encourage the full participation of the PAPs. The project will guarantee the interests of the PAPs to the most extent to ensure a successful resettlement and rehabilitation. 6. Objective, pattern and methodology of the resettlement management To reduce the resettlement cost, increase the management level and further improve the work efficiency of the resettlement and thus realizing the objectives of the involuntary resettlement. To realize the optimum combination of the degree of the satisfaction of the PAPs, the resettlement cost and the working efficiency. The responsibility contracting method used for the resettlement work will help to overcome all sorts of faults in daily resettlement work carried out wvith economic contracting method. The working mode of cost estimation in advance, controlling during the process and the after settlement of the responsibility contract enables the successful monitoring. It will also allow the government functional departments to proceed overall balance by taking the project as the whole, thus making the overall coordination and the unified allocation of fund and resettlement housing possible. Working jointly of the relevant government functional departments and the establishment of the Resettlement Disbursement Center will be the effective measures to speed up the resentment work and improve the work efficiency and the benefit of the use of funds for urban constructions. To summarize the experience and lessons of the resettlement management work in more than 20 years and the implementation of the Inner Ring Road Resettlement Information Management System; to accelerate the development of the comprehensive involuntary resettlement information management system; to introduce the computer network technology into the resettlement management system and increase the science and technology content in the urban construction; to strengthen the all-inclusive management, regulation and control of the whole resettlement operation flow and solve basically the currently unsolvable problems in manual operation of the resettlement management; to minimize the resettlement cost and increase the management level and efficiency and thus realizing the objectives of the involuntary resettlement.  7. Cost estimation and implementation plan The estimated total cost of land acquisition, resettlement and compensation will be 388 million yuan RMB. 8. Public participation and consultation Broad and deep public participation and consultation activities will be carried out. Opinions and suggestions of the PAPs will be broadly collected and listened to. Active participation of the PAPs into the planning and implementation of the resettlement work will release farthest their initial resistance and thus guaranteeing the smooth implementation of the resettlement work and the whole project. After the review and approval by the World Bank, the RAP will be publislhed on relevant publications according to the requirement of the World Bank for the public. In addition, the RAP will also be propagandized broadly through all the government departments concerned, the news media and the resettlement staff. At the same time, the resettlement management will be strengthened and a scientific mechanism with the principles of openness, fairness and justice will be established to ensure the rights and interests of the PAPs and ensure that the standard of living of the PAPs will be remained or even increased and they will gain benefits from the project. 9. Grievance and appeal The project will establish a complete resettlement dispute grievance and appealing mechanism. The PAPs can complain at any time on the issues relating to the resettlement and rehabilitation including the payment of the compensation and the allocation of the resettlement housing. This mechanism will provide the PAPs with a convenient, transparent, fair and effective channel of grievance. 10. Monitor and assessment The Project Office will carry out complete interior monitor on the organization of the resettlement work to ensure that all the responsible agencies will work according to the schedule and will follow the principles of the RAP. The independent monitoring institution will be responsible for the evaluation during the implementation and the measurement of the standard of living of the PAPs. The independent monitoring institution independent from the Project Office will be used to evaluate the resettlement activities so as to have an overall view of the implementation from a broader and farther angle. The independent monitoring institution will follow Up the resettlement activities to evaluate  thether the resettlement objectives are achieved.  Guangfo Exit Radial Road Project Resettlement Action Plan Content Chapter I Introduction 1.1 Project background 1.2 Brief introduction of the project 1.3 Necessity of the project 1.4 Overview of the project impact 1.5 Explanation of the Resettlement Action Plan Chapter II Objectives and principles of the resettlement 2.1 Objectives 2.2 Principles Chapter III Policies and legislation of the resettlement 3.1 Legal framework of the resettlement policies 3.2 The Guangfo Exit Radial Road project will follow the resettlement policies of the Inner Ring Road project Chapter IV Institutional arrangement and staffing of the resettlement work 4.1 Guangzhou City Center Transport Project Office 4.2 City Planning Bureaus of Guangzhou and Nanhai 4.3 Land and Housing Administration Bureaus of Guangzhou and Nanhai 4.4 Labor bureaus of Guangzhou and Nanhai 4.5 Independent monitor institution 4.6 Census surveys unit 4.7 Production teams and street neighborhood committees 4.8 Guangzhou Road Expansion and Engineering Office (GREEO) - the implementing agency of the resettlement 4.8.1 Brief introduction 4.8.2 Staffing 4.8.3 To meet the requirement of the World Bank and implement well the resettlement of the Guangfo Exit Radial Road project 4.8.4 Responsibility of the GREEO 4.9 Baiyun and Fangcun District Constniction Bureaus and Huangqi and Yanbu town Governments Chapter V Policy of the resettlement 5.1 Farmland acquisition and labor arrangement  Guangfo Exit Radial Road Project Resettlement Action Plan 5.1.1 Introduction of the acquired land 5.1.2Compensation rate of the acquisition of land with the collective community ownership 5.1.3Compensation rate for the on-the-ground attachments 5.1.4Compensation rate for on-the-ground buildings (structures) 5.1.5Job creation and rehabilitation 5.1 .6Analysis of the resettlement effect 5.2 Resettlement and rehabilitation measures for other types of the PAPs 5.2.1 Affected residential household 5.2.2 Resettlenment policy for the affected resident household 5.2.3 Principle for set up the resettlement sites and areas 5.2.4 Other resettlement policy 5.2.5 Special rehabilitation measures for the vulnerable groups 5.2.6 Analysis of the resettlement effect 5.2.7 Affected shops 5.2.8 The Inner Ring Road Resettlement Policy - Non-residence will be implemented for this project 5.2.9 Principle of slhop resettlement and location of resettlement sites 5.2.10 Other resettlement policies of shops with legal ownership 5.2.11 Principles of resettlement and location of the resettlement areas for the temporary shops 5.3 Resettlement policies for affected organizations 5.3.1 Resettlement policies for partially affected organizations 5.3.2 Resettlement policy for entire relocation of relatively independent parts 5.3.3 Resettlement policy for affected non-independent parts 5.4 Affected public utilities and cultural facilities (units) 5.5 Resettlement policy for affected infrastructure Chapter VI Objective, pattern and methodology of the resettlement management 6.1 Objectives of the resettlement 6.1.1 Reasons for raising the objectives 6.1.2 Explanation of the objectives 6.1.3 Specific working objectives 6.2 Management pattern of the resettlement 6.2.1 Responsibility contract system 6.2.2 Work jointly and district, township (street) responsibility system 6.2.3 Establishment of the disbursement center 6.2.4 Requirement of the management mode on the management means 6.2.5 Outline of the infomiation management system 6.3 Ways to increase the degree of the satisfaction of the PAPs 6.3.1 Factors that influence the degree of the satisfaction 6.3.2 Ways to increase the degree of satisfaction 6.4 Ways to control the cost  Guangfo Exit Radial Road Project Resettlement Action Plan 6.4.1 Ways to control the quantity of resettlement 6.4.2 Control of the accuracy of the resettlement census data 6.4.3 Control of the compensation rate 6.4.4 Ways to control the cost of capital of the compensation 6.4.5 Establishment of the internal control system 6.4.6 Control of pipeline relocation 6.4.7 Other ways to reduce the resettlement cost 6.5 Ways to improve the efficiency 6.5.1 To solve the problem of the collection of the resettlement information and to improve efficiency 6.5.2 To solve the problem of the influence of the efficiency because the working links are too many 6.5.3 To solve the problem of the influence of the current housing resettlement method on the efficiency 6.5.4 To solve the problem of the influence of the depth of the resettlement management on the efficiency 6.5.5 Other ways to improve the efficiency 6.5.6 Supports to the disbursement center Chapter VII Cost budgeting and implementation plan 7.1 Cost budgeting for land acquisition and resettlement 7.2 F und plan of land acquisition and resettlement 7.3 Implementation plan of the resettlement Chapter VIII Public participation and consultation 8.1 Census 8.2 The standard of living survey (SLS) 8.3 News media 8.4 Public consultation meeting 8.4.1 Official consultation meeting held by the Project Office and the GREEO jointly 8.4.2 Public consultation meetings and interviews organized by the independent monitor institution 8.5 Resettlement Information Handbook 8.6 Signing of the "resettlement and compensation agreement" Chapter IX Grievance and appeal Chapter X Monitor and evaluation 10. 1 Interior monitor  Guangfo Exit Radial Road Project Resettlement Action Plan 10.1.1 Indicators of the monitor 10.1.2 Working procedure of the implementation of the interior monitor 10.1.3 Submit the internal monitor report 10.2 Independent monitor 10.2.1 Responsibility of the independent monitor institution 10.2.2 The standard of living survey (SLS) 10.2.3 Unofficial visit 10.2.4 Public consultation meeting 10.2.5 Grievance 10.2.6 Other responsibility 10.2.7 Staff of the implementation independent monitor 10.2.8 Submit the independent monitor and evaluation report 10.2.9 Follow-up actions after the submission of the report I ,  Guangfo Exit Radial Road Project Resettlement Action Plan Chapter I Introduction 1.1. Project background The city of Guangzhou has used the World Bank loan for the implementation of Guangzhou City Center Traffic Improvemenit Scheme. The successful completion of the Inner Ring Road on 28 January 2000 emblematizes that the skeleton of the road network in Guangzhou has been preliminarily formed, which is of an important significance in improving basically the traffic condition and speeding Up the economic development in Guangzhou. Afterwards, Huangpu Da Dao Radial Road, Dongxiao South Radial Road and Zhengcha Radial Road were built and opened to traffic and the traffic managenment was partially implemented. These have improved essentially the traffic condition, increased greatly the traffic speed and improved apparently the air quality in the city center. However, there is still a tension on the traffic along the accessing road in the west area of the city. In order to solve entirely the cuLrTently existing traffic congestion in this area and bring the funlction of Guangzhou City Center Transport Project (GCCTP) into a full play, it is necessary to extend the content of the GCCTP project to cover the construction of Guangfo Exit Radial Road and its relevant auxiliary projects according to the urban transport planning of Guangzhou. At the same time, great achievement was made in the implementationi of the resettlement work of the Inner Ring Road project. Under the leadership of the Guangzhou Municipal Government and with the assistance of the World Bank the resettlement work along the main structure of the Inner Ring Road which was planned to finish in 5 years was completed in only 15 months. It is a resettlement project with the biggest demolition and resettlement amotnt, fastest resettlement speed and fewest complaints and dissension and is fully affirmed by the provincial and municipal governments and the people from all circles. It is also highly appraised by the World Bank. The Inner Ring Road Project Resettlement Action Plan (RAP) blends the guideline of the World Bank resettlement docunment OD4.30 and embodied the principle of "focus on the people" of the resettlement. The implementation of the RAP protected to a maximum extent the entitlement of the project affected people (PAPs) and effectively pushed forward the resettlement work of the Inner Ring Road. 1.2. Brief introduction of the project Guanigfo Exit Radial Road is located in the southwest part of Guangzhou. It starts from Zhongshan Road No. 8 Interchange at the east, runs along the two sides of Guangzhou-Sanshui Railway, crosses the Pearl River, continues to go westwards througLh Datansha Island and Fangcun Da Dao and meets finally with the Huangqi Interchange of the Out Ring Expressway. The road runs throughl two administration districts of BaiyuLn District and Fangcun District in Guangzhou and two l-l  Guangfo Exit Radial Road Project Resettlement Action Plan administration districts of Huangqi District and Yanbu District in Nanhai City. The total length of the road is 5.5km. The road is designed with dual-3 elevated structure along its whole alignment together with 3 large-scale interchanges (see Figure 1-1 for the detailed alignment). The ground level road will be widened at the same time. The area the road runs through is the coupling section of the urban and miral areas where the industry and sideline production are well developed and there has been gradually a tend in the rural area towards the urbanization. There are mainly low and one-storey houses, small shops and temporary structures along the two sides of the proposed road. While there are mostly flower fields along the road section in Huangqi District of Nanhai city, which has been already planned as the land-use for development. At the moment, part of the land has been already acquired and the fanniers have been transferred gradually into the status of the urban citizens. 1.3. Necessity of the project The proposed constntction of the Guangfo Exit Radial Road is to meet the need for the rapid economic development in Guangzhou and the need to release the increasing traffic tension along the west accessing road of the city. The proposed road is selected and determined as a connecting road between the Inner Ring Road and the OLtt Ring Expressway according to the overall urbani plan and the road network plan of the city and based on the consideration of thie distribution of the interchanges of both the Inner Ring Road and the Out Ring Expressway. The road will help to integrate organically the IRR and ORE together with the primary road network in the southwest part of the city as a whole and will perform an important function in releasing quickly the traffic flow accessing the city and rationalize the layout of the man road network so as to ensure the convenience and immediacy of the traffic diversion. The completion of Guangfo Exit Radial Road will play an active role in improving the traffic capacity of the road network in the west part of the city. It will also facilitate the further economic connection between the two cities of Guangzhou and Nanhai, speed up the upvaluation of the land in the area, improve the regional investment climate and expedite the ttrbanization of the rmral area along the alignment of the proposed road. 1.4. Overview of the project impact The construction of Guangfo Exit Radial Road will involve four districts in the cities of Guangzhou and Nanhai. The land acquisition needed for the project is 305.67mu, the ntimber of the households to be affected is 35 with the total floor area of 10958.38m2 to be demolished, the number of the shops and offices to be demolished is 347 with the floor area of 11 122.9m2, the number of the enterprises to be relocated is 7 with the floor area of 3593.13m2 together with a number of other infrastructures. It is also found during the survey that there are 6 residential buildings (two of them have 3 turrets attached) along the two sides of the ground level road south to the Fangcun Interchange which are within the redline of the project withl the total floor area of 40477.72m2. There are also 48 affected shops and 392 affected 11ouseholds 1-2  Guangfo Exit Radial Road Project Resettlement Action Plan with the 1022 affected people. As the number of the PAPs in this area is big it is necessary to consider the possibility of avoiding resettlement in this area according to the principle of the World Bank resettlement document OD4.30. Through the survey on site we noticed that the minimum involvement of the building within the reline among these 6 buildings is only 1.58m and the maximum is less than 9m. The overall floor area of these buildings inside the redline is 4813.82m2, which is only 11.89% of the total floor area of the buildings. However, the width of the road at some sections is more than 60m. Therefore, there is condition for a rational adjustment of the design by modify the sidewalk, the green belt and the layout of the ground level road so as to reduce the amount of demolition. With the consideration of this issue we made our suggestion to the GCCTP Project Office and the designer for a proper modification and rationalization of the design on the premise of the insurance of the road funlction so as to reduce the amount of demolition and thus reducing the nLmber of involuntary resettlement. Therefore, this report will not include the above mentioned 6 residential buildings in this project. The design of Guangfo Exit Radial Road is the optimum design scheme compared and selected based on the master plan of the city and with the consideration of the topography along its alignment, the purposes to avoid the villages and towns, to occupy less farmland, not to damage important cultural relics and to reduce as far as possible the amount of land acquisition and resettlement. The selection is also made according to the need of the traffic with the consideration of the engineering cost, the townscape and the economic and social benefit. The engineering feasibility of the project is also fully considered. Comparison and analysis are made on the selection of the alignment of the road, the road structure and the construction methodology so as to minimize the impact of the project on the environment and traffic caused by the land acquisition. Attention is also paid to the protection of the landscape and the environment of the city and a number of necessary measures will be taken to prevent the environmental pollution especially at those environment sensitive spots along the alignment of the road. Nevertheless, it is unavoidable to occupy part of the land, demolish a number of houses and infrastructure facilities and affect the living and production of the citizens and enterprises dwelling along the alignment of the road. During the preparation of the policy and compensation standard of this RAP it is fully considered that the standard of living of the PAPs after the resettlement will be improved to a greater or less extent or the original standard of living shall be at least maintained. Through the implementation of this plan the residents who have lost their land and houses and the enterprises who have been affected will get reasonable economic compensation with the replacement price and will be satisfactorily resettled and rehabilitated. 1.5. Explanation of the Resettlement Action Plan This RAP is prepared based on the Innier Ring Road Resettlement Action Plan. As the 1-3  Guangfo Exit Radial Road Project Resettlement Action Plan location and the scope of Guangfo Exit Radial Road project differ greatly from the Inner Ring Road project the emnphasis of the RAP of the Guangfo Exit Radial Road project is also different from that of the Inner Ring Road Resettlement Action Plan. The construction of the Inner Ring Road is a large-scale municipal infrastructure construction carried out in the city center and its resettlement focused mainly on the urban citizens and the shops. While the Guangfo Exit Radial Road is located at the coupling section of the urban and rural areas and the resettlement and the rehabilitation focus mainly on the owner of the land under the rural collective ownership system and the surplus labors after the land acquisition. During the preparation of this RAP experience and lessons of the involuntary resettlement of the Inner Ring Road project are drawn. The ways of passively waiting for the complaints and the post-monitor will be changed into the way of monitoring in advance and during the course. The existing problems of the resettlement management and the solutions will also be basically explored so as to furthler improve the level of management. Based on the objectives of the resettlement set for the Inner Ring Road project this RAP further puts forward the objectives of the resettlement management and will implement a fire-new resettlement working pattem and management means - the integrated municipal land acquisition and resettlement information management system. 1-4  Guangfo Exit Radial Road Project Resettlement Action Plan Chapter II Objectives and principles of the resettlement 2.1 Objectives The objectives are to ensure that the affected persons xvill get the compensations for all the loss of their assets and share the benefits of the project througlh the reasonable resettlement and good rehabilitation, will be compensated for their temporary difficulties, and their income standard and living level and the capability of production of enterprises and profit-making will be improved, or at least restored to the former level. 2.2 Principles 1. The design of the Guangfo Exit Radial Road will be modified appropriately to avoid the densely populated areas or multi-storey buildings, high-rise buildings, and to reduce the affected range of land acquisition and demolition as far as possible so as to minimize the involuntary population of the resettlement. 2. While acquiring collective land all the loss will be compensated reasonably. The compensation fees will be paid to the representative units only for developing collective economy, but canniot be diverted to any other purposes. The affected farmers' houses on residential plot will be reconstructed according to the development plans of the city, the town and the village to ensure that the rebuilt houses will reach or exceed the original housing standard. The affected farmers 'ill be resettled by the village committee in a unified way according to the principle of "resettlement on the spot and obtain employment in multiple channels". 3. The principle of reciprocal compensation will be carried out. Namely, what losses will get what compensations with equal replacement price. 4. The living space will be enlarged and the necessary facilities will be consuLmmniated. The houses will be constructed with reinforced concrete structure. All the necessary facilities will be well consummated at the resettlemiient sites with convenient transport and livitng environmenlt. 5. The affected shops, enterprises and organizations will maintain the original scale and function of their houses. The fomier business environment will be rehabilitated as far as possible. The loss of closing and temporary business in different place will be compensated. 2-1  Guangfo Exit Radial Road Project Resettlement Action Plan 6. The affected public facilities will be rehabilitated according to the planlling standard. 7. The resettlement will be planned to create full employment so that the migrants can adapt themselves to resettlement sites and self-reliance economically in a short time. The responsibility of the resettlement will be transferred in time from resettlement organizations to the migrants. 8. The vulnerable groups (such as the elders without any matured children living together, the widows, the single parent families, the female-leaded families, the handicapped, th-ose have chronic diseases and the poor households) will be given special favorable policies suchi as reasonable care for their dwelling houses and employment. 9. The displacement in the range of demolition and resettlement will be taken in group to keep the completeness of the original communities. 10 The resettlement, rehabilitation and compensation will be supervised withl the monitoring in advance and during the course to guarantee the fairness and justness of the resettlement and minimize the number of the complainits and lawsuits. 11 The affected persons will participate in all the process of the resettlement. There will be a special mechanism established to respond to the grievance of the affected persons. The database for grievances integrated with the operational database will be established to ensure that each complaint will be responded and handled in time. 12 Resettlement management will be strengthened on the basis of ensuranice of the reasonable profits of the affected persons so as to reduce the cost of compensation, land acquisition and resettlement. 2-2  Guangfo Exit Radial Road Project Resettlement Action Plan Chapter III Policies and legislation of the resettlement The resettlement policies of the Guangfo Exit Radial Road project are fonned in accordance with the national laws and regulations and the World Bank guidance of involuntary resettlement OD4.30. 3.1 Legal framework of the resettlement policies The laws and regulations of land acquisition and resettlement have been developed into 3 levels in China. The first one involves the basic legal frameework and the national rules as well as the guiding principles issLued by the central government. The second one includes the regulations of overall or specific project issued by the provincial government to implement national laws and regulations. The third one is municipal stipulations applied in specific period or to specific projects issued by the city or county government. The current national, provincial and mLtnicipal laws and regulations are as the follows: I . Land Management Law of People's Republic of China 2. Implementation Measures of Guangdong Provincial Land Management 3. Regulations of Overseas Chinese Owned Urban Housing Demolition Affected in Land Acquisition for State Project in Guangdong Province 4. Temporary Measures of Land Acquisition for Traffic Infrastructure Construction in Guangdong Province 5. Compensation Standards of Agriculture Land Acquisitioln in Guangzhou 6. Regulations of Urban Housing Resettlement Management 7. Guangzhou City Ordinances of Urban Housing Resettlement Management 8. Implementation Details of Urban Housinig Resettlement Management and Compensation 9. Regulations of Urban Housing Resettlement Management and Compensations 3.2 The Guangfo Exit Radial Road project will follow the resettlement policies of the Inner Ring Road project 3-i  Guangfo Exit Radial Road Project Resettlement Action Plan Chapter IV Institutional arrangement and staffing of the resettlement work The main working process and the correlation chart of the resettlement work of the Guangfo Exit Radial Road can be seen in Figure 4-1. The responsibility of each relevant agency is be described below: 4.1 Guangzhou City Center Transport Project Office 1. To be responsible for the internal monitoring of the implementation of the Resettlement Policy and RAP by the GREEO, make definitely job division of the various institutionis and the needed time. The indicators need to be monitored are as the follows: * Payment of the compensations to the affected persons and enterprises * Housing allocation * Resettlement of the PAPs * The rehabilitation of the PAPs and vulnerable groups (ability) * The replacement of the infrastnicture facilities and public facilities * The restoration of the affected enterprises * Time table for the above activities * Consistency of the above activities with the Resettlement Action Plan and the World Bank document OD4.30 * The sufficiency and rationality of the public consultation and participate during the preparation and implementation * The sufficiency of the staffing and training, timetable and working efficiency of the GREEO, the independent monitor institution and other agencies relating to the resettlement 2. To examine the progress of the implementation of the RAP. It will be carried out in the following aspects: * To examine and discuss the internal monitoring report compiled by the GREEO and the external monitoring report submitted by the independent monitor institution. * To examine the individual reports compiled by various relative implementing agencies or related government departments. 3. To make decisions for solving problems found during the implementation of the RAP and assign a certain institution for the implementation. 4. To review the progress of the implementation of the measures put forward in the 4-1  Guangfo Exit Radial Road Project Resettlemnent Action Plan previous session. 5. To discuss and coordinate the group's next session, which relates to the report on the independent monitoring institution and the evaluation agencies, after they submitted the report. 6. To examine whether the various impacts have been already compensated rationally and the affected persons restored to tlheir original living level after relocation. 4.2 City Planning Bureaus of Guangzhou and Nanhai To confirm the land acquisition range of the project and issue the "License for Planned Land-use" and inform Guangzhou and Nanhai Housing and Land Administration Bureaus, based on the report of "applying for the planning license for land-use" raised by the Project Office and the approval documeLnt of the preliminary design of the project. 4.3 Land and Housing Administration Bureaus of Guangzhou and Nanhai To carry out internal consultation, ratification and confimiation for the scope of land acquisition, demolition and resettlement, according to the "License for Planned Land-use" issued by the City Planning Bureau and the report "Applying for planning license for land-use" raised by the GCCTPO, then issue the "License for Construction Land-use", the "Notice for Land Acquisition, Demolition and Resettlement", the "License for Housing Relocation". After the completion of the demolition and relocation of the project, which will be checked to conform to the regulations of land-use, the "License for Land-use" will then be issued. 4.4 Labor bureaus of Guangzhou and Nanhai In accordance with the "License for the Planned Land-use" issued by the City Planning Bureau and the report of "applying for the job creation for surplus labor" submitted by the GREEO, to examine, consult, confirm the number of surplus labors and the guidance of job creation, conduct all procedures of job creation for surplus labors, then issue the "License of Job Creation for Land Acquisition" to the GREEO, with which the GREEO will apply to the Municipal Land and Housing Adminiistration Bureau for the "License of Land-use for Construction". 4.5 Independent monitor institution In accordance with the World Bank's requirement of land acquisition, demolition and resettlement for the Guangfo Exit Radial Road project under the GuangzhIou City Center Transport Project, independent monlitor institution will be invited with the 4-2  Guangfo Exit Radial Road Project Resettlement Action Plan responsibility of the follows: 1. To monitor the land acquisition for the Guangfo Exit Radial Road project, including: * Implementation of the land acquisition for the resettlement sites of the project itself * Situations of job creation foe the rural labors affected by the land acquisition. * Implementation of the agreement of the land acquisition 2. To ensure the sufficiency and rationality of the public consultationi and participation. 3. To carry out the baseline survey of living standard (SLS) durilig the preparation period of the project, carry out the survey again one year after the completion of the resettlement and then carry out the follow-up survey after the completion of the project. Same procedure for each survey. 4. To monitor the production arrangement of the affected enterprises. 5. To monitor the resettlement of the affected households. 6. To monitor the progress and quality of the construction of the resettlement housings and the relocation and reconstruction of the public facilities. 7. To monitor the affected shops and their profit-making capabilities. 8. To evaluate the plan of fund allocation application and its effect. The indicators need to be monitored are as the follows: * Payment of the compensation to the affected persons and enterprises according to the negotiated standard of the agreement * The rationality of the Housing allocation * The timeliness and the degree of plenitude of the preparation of the resettlement areas * The timely resettlement and the rehabilitation of the affected persons especially the vulnerable groups * Relocation and replacement of the infrastructures * Rational compensation and resettlement of the affected enterprises * Timely provision of other negotiated compensations such as the transportation and removal subsidy, loss of incomes or wages, location for businiess during the transition period etc. * Sufficiency and rationality of the public consultationi and participation 4-3  Guangfo Exit Radial Road Project Resettlement Action Plan * Receiving and handling the grievances of the affected persons * Consistency of the resettlement activities and the resettlement policy 4.6 Census surveys unit To be responsible for the baseline/census surveys of the affected residents, shops and enterprises of the Guangfo Exit Radial Road project and for the assembling of the survey data and submit the report of the census survey to the GREEO. 4.7 Production teams and street neighborhood committees Production teams will be responsible for reporting the property, area and rate of land/labor of the land to be required, to take part in the land acquisition, demolition and resettlement activities directly, including inquisition, planning for resettlement and rehabilitation and treatment of argument etc. and to allocate the compensation fee. The streets are responsible for assisting the activities of the affected residents and reporting their complaints. 4.8 Guangzhou Road Expansion and Engineering Office (GREEO) - the implementing agency of the resettlement See Figure 4-2 for the institutional structure. 4.8.1 Brief Introduction The GREEO has been engaged in the resettlement activities for road constriction for 25 years. With abundant experience on land acquisition, demolition and resettlement of hundreds of municipal projects and tens of key municipal projects such as the expansion engineering of the Dongfeng Road and Jiefang Road, North Ring Expressway project, it strictly carries out the specific provisions of national laws and municipal regulations of land acquisition, demolition and resettlement and enjoys good prestige. 4.8.2 Staffing The GREEO boasts over 170 registered staff members and among which 80 are technical and professional staff. About 50 of them are engaged in the land acquisition, demolition and resettlement activities directly. A number of over 100 staff can be organized to deal with the land acquisition, demolition and resettlement activities directly in case of emergency. Many years working in the field the staff have possessed good quality and rich working experience. An organization and management pattern and working procedure suitable for the resettlement has also been set up. 4-4  Guangfo Exit Radial Road Project Resettlement Action Plan 4.8.3 To meet the requirement of the World Bank and implement vell the resettlement of the Guangfo Exit Radial Road project In order to further protect the entitlement of the affected persons the GREEO will summarize the working experience and, based on its experience, reform the institutional framework, improve the working procedure and carry out the training to its staff. 4.8.4 Responsibility of the GREEO * Provide guidance on the census sur-vey * Prepare the Resettlement Action Plan according to the relevant policy and the findings of the survey * Organize the implementation of the RAP * Work out tlle budget of the resettlement according to the data of the survey; * Provide advice on minimizes the amount of demolition and resettlement during the implementation so as to minimize the cost of the resettlement. Work out the RAP and concrete action schemes and organize the implementation. * To be responsible for the constructioni of the resettlement housinigs and the rational allocation of the resettlement housings. * To be responsible for the pipeline relocation and compensation; * To be responsible for the organization, guiding, coordinating, inspecting and supervising the implementation of thie resettlement work. 4.9 Baiyun and Fangcun District Construction Bureaus and Huangqi and Yanbu town Governments To be responsible for the implementation of the land acquisition, resettlement and the compensation under the guideline of the RAP, such as the demolition of the houses within the redline of the project, acquisition of the land under the rural collective ownership system, demolition of the buildings and their attachments, signing of the compensation agreements, going through the procedures relating to the land acquisition and hand-over of the land on time for construction. 4-5  Guangfo Exit Radial Road Project Resettlement Action Plan Figure 4-1 Main working process and correlation chart of the resettlement wvork of the Guangfo Exit Radial Road Fun alcfIo - Overall planniing, sLIpervision, CT coordiuiatioii aind nmanlagement Site survey, cost estimate _Participate iinto the feasibility sttid * tiSrvey ageticy| Public participation - and prepare the working plan Prepare the RAP Giatigzllou and Nanllai Apply for tile penmlit of land-Lis e - City Plaiiniiicg BLureaLus | Resettlemenlt housing plaioing for constmction, land-Luse penmlit anid iouisility, GLiaiigzllou aind Naiiliai deimolitioii peniiit ___Lanid & HoLusii l ~~~~~~~~Admiiiiistratioii B. Apply for the resettlement of - _ Familand acquisition surplus labors after land Guangzou and Nanhai acquisition Labor Bureaus Copro aSign agreement of resettlemen t GREEO (responsible unit) and compensationi Houise denmolition an t IHousing administration and land cleaning _--- resettlement departments of each district (seconded unit) Resettlement hoousin allocation _ Residents and enterprises s