China - Fourth National Highway Project (Vol. 2 of 2) : Hunan province

RP-11 VOL.- 2 Hubei--Hunan Expressway Corridor Project Hunan Section (National Highway IV) Resettiement Action Plan (th i Fifth Edition) I ;- Lfl 9.0 C,7 Resettlement Office of HYmii:n Pr3-vincia! T'tcheng--Ci1,-s'sha Expressway lIunan Academy of'Social Sc;ience December, 1998  I I  Hubei--Hunan Expressway Corridor Project Hunan Section (National Highway IV) Resettlement Action Plan (the Fifth Edition) Resettlement Office of Hunan Provincial Tucheng--Changsha Expressway Hunan Academy of Social Science December, 1998  A 4  STAFF AND UNITS Heads: Zhao Dezhi Hunan Academy of Social Science Professor Ma Qiwei Hunan Provincial Expressway Construction & Development Co. Senior Engineer Chiefs: Shi Yongming Hunan Academy of Social Science Associated Professor Wang Yi Hunan Academy of Social Science Associated Professor Wang Yong Xi Hunan Academy of Social Science Associated Professor Tang Shengde Hunan Provincial Expressway Construction & Development Co. Senior Engineer Lv Xingxi Hunan Provincial Expressway Construction & Development Co. Senior Engineer Wang Xifan Hunan Provincial Expressway Construction & Development Co. Engineer Yi Meixun Hunan Provincial Expressway Construction & Development Co. Engineer Wang Jia Hunan Provincial Expressway Construction & Development Co. Assistant Economist Wen Xianghong Hunan Provincial Expressway Construction & Development Co. Assistant Accountant Associated Units: Hunan Provincial Communications Survey & Design Institute Changsha City Tucheng--Changsha Expressway Resettlement Office Yueyang City Tucheng--Changsha Expressway Resettlement Office  i  Acronyms and Abbreviations CIRO--City Resettlement Office CORO--County Resettlement Office HASS--Hunan Academy of Social Science HPCD--Hunan Provincial Communications Department HPCSDI--Hunan Provincial Communications Survey & Design Institute HPECDC--Hunan Provincial Expressway Construction & Development Corporation HHH--Hongshi--Hengyang Highway IMG--Independent Monitoring Group MOC--Ministry of Communications MOF--Ministry of Finance NH4--National Highway IV PAA--Project Affected Assets PAP--Project Affected People PRO--Provincial Resettlement Office RAP--Resettlement Action Plan RO--Resettlement Office SLS--Standards of Living Surveys SPC--State Planning Commission TRO--Township Resettlement Office TCE-Tucheng-Changsha Expressway VAC-Village Administration Commission  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 expressway will play a very important influence on social economical development, commodity inter- flowing and exchanging among districts in Hunan Province even to the whole country. This RAP is prepared in conformity with P.R.C Land Law, Hunan Provincial Regulations and the World Bank Operational Manual 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 Communications Bureaus, Land Administration Bureaus & TCE ROs at city and county level along the route. We greatly appreciated their help.  Objectives of the RAP and the Definition of Resettlement Terminology This Resettlement Action Plan (RAP) is prepared according to the Laws and Regulations of 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 standarcds of 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 hacd or would have their: a) standard of living adversely affected; or b) right, title or interest in any house, land (including premises, agricultural and grazing land or 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 connection to assets, land or location. If there are more than one person, family or household using or holding a title to the same land or property that is acquired, they will be compensated and rehabilitated according to the loss they suffer, their rights, and the impact on their living standards. The definition of PAPs is linked directly to the adverse affect of the project, regardless of legal rights, title or interest. All PAPs are entitled to the improvement or at least restoration of their standards of living, and compensation for the material losses they suffer. Compensation for assets will cover replacement cost. NO deductions or discounts will be applied 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 permissions to the assets. The term RESETTLEMENT includes: a) the relocation of living quarters; b) finding acceptable new employment for those whose jobs are affected; c) restoration or compensation of 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 Background of the Project Area d. Measures Taken to Minimize Resettlement e. Technical and Economic Feasibility Study f. Preliminary and Final Design of the Project g. Ownership and Organization of the Project h. The Census (Social Survey) i. Preparation of the Resettlement Action Plan j. Schedule for Project Preparation Contract Award Construction, and Implementation k. Permission for Land Use, Resettlement and Construction l. Decree on Rates of Compensation 2. Project Impact 12-25 a. Land Acquisition b. Affected Structures c. Loss of Employment in Agriculture, Enterprises and Public Offices d. Affected Infrastructure e. Temporary Land Acquisition f. Loss of Crops g. Loss of Other Assets h. Affected Population i. Impact on Vulnerable Groups 3. Legal Framework 26-36 a. Policy b. Compensation Rates 4. Compensation Cost Budget 37-40 a. Flows of Funds b. Base Cost c. Administrative Cost d. Contingencies e. Other Costs  5. Resettlement and Rehabilitation Plan 41-67 a. House Construction b. Infrastructure Relocation c. Job Creation d. Compensation and Rehabilitation of Affected Enterprises and Public Buildings e. Rehabilitation of the Vulnerable Groups f. Rehabilitation of the Cornmunity g. Implementation Schedule for Resettlement h. Allocation Schedule of Resettlement Fund i. Information Booklet of Resettlement Work (cancel some pages) 6. Institutional Organization 68-75 a. Institutions Responsible for Resettlement Planning, Management, Implementation and Monitoring b. Responsibilities c. Leading Groups d. Staffing e. Training f. Organizational Charts g. Measures for Strengthening Institutional Capacity 7. Participation and Consultation 76-78 8. Grievance and Appeals 79 9. Monitoring 80-88 a. Internal Monitoring and Supervision b. Independent Monitoring 10. Reporting 89-94 a. Internal Reporting b. PRO's Reporting Respornsibility c. IMO's Reporting Responsibility 11. Entitlement Matrix 95 Appendix A Appendix B Appendix C Appendix D Appendix E Appendix F Appendix G Appendix H  Description of the project .- w. . *G~~~~ ~ ., .. - -...'ia t , , ~~, &il4t - a , .4 : ; '-,,' . . - C T ; t _~7~  r I4  Resettlement Action Plan Chapter I 1. Project Background A) Brief Description of Project and Its Main Purpose Tucheng-Changsha Expressway (TCE), a part of Beijing-Zhuhai Expressway, connects the border of Hubei Province and Changsha City of Hunan Province, with its starting point at Chibi (Puqi) City of Hubei Province that is the boundary of Hunan and Hubei Province and ending point at Niujiaochong of Changsha City that is the starting point of Changsha-Xiangtan Expressway. Total length is 182.8 km. (TCE Geographic Location Drawing is attached. ) The route adopts the expressway standard of plain and lightly hilly area with 28.0 m sub-grade width, 2 X 7.5 m carriage-way, 2 X 2 lane and 120 km/h design speed. Stone and earth work quantities of the whole route are 19,600 thousand m3. TCE is planned to be built in August 1999 and completed within 4 years. Main Engineering Quantity (both TCE and HHH) is shown in tablel-1: B) Areas Affected and Served by the Project TCE is from Tucheng to Niujiaochong passing through Linxiang County, Yueyang County, Miluo County & Pingjiang County of Yueyang City and Changsha County of Changsha City. There are 141 villages of 28 townships of 5 counties affected by the project. There are altogether 3 service areas, 11 interchanges and 29.9 km newly built and upgraded connecting roads along the whole route. (See Table 1-2) In this way, Communications conditions along the route are improved greatly to provide advantages to develop local industry, agriculture & township enterprises and improve people's. living standards. Resettlement quantities of the above engineering are included in the RAP. C) Social and Economic Background of the Project Area Yueyang City, passed by the project, is an important goods and materials collecting and distributing area of Dongting Lake and Jianhan Plain since long ago, the petrochemical base of Middle-south area, the paddy, cotton and fish base of Dongting Lake, and a new open city based on agriculture and main on petrochemical, port trade and tourism. Yueyang City's communications is very convenient. Waterway faces Dongting Lake reaching Changjiang River. Chenglingji Port is the only foreign trade port in Hunan Province. Beijing-Guangzhou Railway passes through 4 counties of the city and NH/107 passes through the city from north to south. l  Resettlement Action Plan Chapter 1 Changsha City, passed by the project, is the capital city and the political, economic, culture and communications center of Hunan Province. Changsha City's industrial is mainly on machinery, textile., electronics, food and chemistry. Paddy, pig and TVE are the three poles of agriculture economy. Changsha County, Liuyang County, Ningxiang County and Wangc.heng County, which are under the direct jurisdiction of Changsha City, are the commercial paddy and pig development base of the country. Changsha City's communications is very convenient. Waterway reaches ports of Changjiang River from Xiangjiang River passing through Dongting Lake. Beijing-- Guangzhou Railway passes through the city from north to south. There is Zhejiang-- Jiangxi Railway and Hunan--Guizhou Railway in the east-west direction. Shimen- Changsha Railway will be opened soon. NH 107 and NH 319 meet with each other in Changsha City. Changsha-Yiyang Expressway has been completed for operation, Yiyang-Changde Expressway is under construction. Changsha's air transport is rather developed. Huanghua Airport is an international airport. Survey results indicate that: Average dwelling space per person in affected towns along TCE is 40-55 m2; Average arable land per person is 0.8-1.8 mu; and Average output per mu of double season paddy is 588-715 kg. Towns along the route are mainly engaged in agriculture. Main crops are paddy, potato, bean and oil plants etc. There are a batch of township and private enterprises going in for construction material, construction, non-metal product, small type machinery, handicraft industry and transportation etc. in the affected areas. Area passed by TCE is the central region with rather developed economy of Hunan Province. In 1996, GDP, three industrial structures, economic growth rate and people's living standard growth rate are all in the up or middle level of the whole province. Unit land area GDP is 1,636.1-3,385.5 thousand yuan which is 386.4- 2,135.8 thousand yuan higher than the average provincial level of 1,249.7-thousand yuan. Completion of the project will further promote social economic development of the region and neighboring regions. Economic Survey ofArea Passed by TCE and Comparison with the Whole Province is shown in Table 1-3: D) Measures Taken to Minimize Resettlement Since highway construction will inevitably occupy land, relocate house and transfer infrastructure and other structures, it will adversely affect the local inhabitant's living, production and employment in different degrees. In order to minimize resettlement, we adopted the following 2 measures. 2  Resettlement Action Plan Chapter I 1) The first measure is to compare resettlement quantity during route selection to choose the route, which has less resettlement quantity. For example: in "Engineering Feasibility Report " , there are Yueyang Plan and Taoling Plan. Through comparison, Taoling Plan's land acquisition is 3,190 mu less than those of Yueyang Plan, house relocation is 22,714 m2 less and mileage is 14.83 km shorter. Hence, Taoling Plan is adopted. (See Alignment Comparison Drawing) 2) According to the suggestions of the Bank's resettlement specialist, environment specialist and engineering specialist, from December 1997 to July 1998, in order to reduce the quantity of land acquisition, house relocation and resettlement, PRO, together with HPCSDI and Environment Office, carefully examined and studied the alignment again to improve the design. At last, 59 housing relocation is decreased (12,233 m2). Details are shown in Appendix D. E) Technical and Economic Feasibility Study Technical and Economic Feasibility Study of TCE was compiled by HPCSDI in December 1993 and was finished in 1994. F) Preliminary and Final Design of the Project HPCSDI took on the measuring and designing of TCE. Preliminary Design started in March 1994 and completed in April 1997. Construction Design was finished in December 1998. G) Ownership and Organization of the Project The owner of TCE is HPECDC. In order to do resettlement well, under the leading of Hunan High-grade Highway Construction Quarter, Hunan Provincial Tucheng- Changsha Expressway Resettlement Office was set up in HPECDC to guide and coordinate TCE resettlement. TCE Leading Groups were set up in 5 counties and 2 cities along the route. ROs who are in charge of coordination in project preparation phase and resettlement in construction phase are under the leading groups' jurisdiction. H) The Census (Social Survey) (1) Social Economic Survey PRO, jointly with HASS, HPCSDI and ROs at township, county and city level proceeded TCE resettlement survey from October to November 1996, altogether 25 days. 160 persons attended the survey and 13,400 data were collected. 3  Resettlement .4ction Plan Chapter 1 In June 1998, PRO, together with HASS, CIROs and COROs proceeded supplement survey of social economic of newly built interchange and connecting road. Scope and object Scope: Total length of TCE 324 km, with 80 m in both sides from the designed center line of TCE ( including alternative line, connecting road etc. ) , involving 141 villages of 28 towns of 5 counties which are Linxiang, Yueyang, Miluo, Pingjiang and Changsha. Object: Land, structures, facilities and PAPs in the affected scope. * Content The quantities and classifications of the affected collectives and individuals; the impact degrees of housing, land and property; the related information of the incomes and living standards; the opinions of PAPs; and the comparative information between the objects affected and not affected. * Approach PRO designed and handed ouit "TCE Social Economical Survey Outline". WD01-07 Form were handed out for field survey and NT01-07 Form for data analysis. Making the forms, drawings, people and objects in unified condition. * Procedure (a) Survey Training PRO held 'the work meeting for TCE resettlement at Yueyang City on the 12th November 1996. There were 59 persons attending the meeting. They were chiefs and staff from HASS, PRO, HPCSDI, the Communications Bureaus and Land Administration Bureaus of cities and counties along the TCE. Main content of the meeting: a. Make the task, purpose and significance clear and carry out the general mobilization. Resettlement training materials were handed out in the meeting which were: Involuntary Relocation of Development Project, OD 4.30, TCE Resettlement Social Economic Survey Outline and Resettlement Institutional Strengthening and Training Plan. 4  Resettlement Action Plan Chapter I b. Carry out the training of backbone professional staff regarding to the survey content and methods required by the Bank to be familiar with the requirements and skills of the survey. c. Demonstrate on the spot, all the members attending the meeting were gathered in Linxiang County for practicing survey to grasp the procedure and approaches of the survey. (b) Training in different levels and carrying out the survey a. According to PRO's requirements, ROs in city and county level would centralizedly train survey staff in town & county level and land administration personnel in town level and demonstrate the survey operation. b. After the training in county and city level, the professional technical staff from HASS, PRO and HPCSDI carried out the field survey & calculation together with the ROs, Communications Bureaus, Land Administration Bureaus in county level and land administration personnel & cadres in town level. c. Villages and PAPs along the route supported the survey warmthly and coordinated the work closely. Survey was developed smo.othly and data were collected completely. (2) Survey of Social Opinions Having been in charged by PRO, HASS and HPCSDI, Social Opinions Survey began in October 1996. According to the demands of the Bank, issuing scopes of the survey tables included all the relocation families and persons directly affected by the project (not fewer than 30 households in each town) among which there are persons from each village's committee , representatives of Women's Union, affected primary schools & middle schools and vulnerable groups, persons in charge of factories, democratic personages and noted personages and so on. Survey was proceeded adopting questionnaire and finished in November 1996. Totally 3,400 copies of social survey tables were returned. Survey results were shown in Table 1-3. It could be seen from Table 1-3 that: a. Commonly, the public thought that the construction of the expressway had advantageous to the individual, the collective and the country and they completely supported the construction of the expressway. b. They all paid much attention to the resettlement work and generally required for financial compensation and to be resettled close to their original places. A small part of PAPs suggested changing jobs.  Resettlement Action Plan Chapter 1 c. Environmental protection units were advised to adopt measures to reduce environmental impacts. Add underpass wherever possible to let access convenient. I) Preparation of the Resettlement Action Plan PRO is in charge of RAP preparation. Social survey of TCE was done by HPCSDI trusted by PRO. PRO, HASS, CIROs, COROs, Communications Bureaus & Land Administration Bureaus in city & county level and People' Governments in township level participated in the survey. VAC, PAPs and chiefs of TVE along the route coordinated the survey closely and provided enough data. Land-use map, computer soft system and data analyses were done by HPCSDI independently. PRO fulfilled computer operator training. HASS, as IMG, compiled the RAP together with PRO. J) Schedule for project P'reparation, Contract Award, Construction, and Implementation TCE entered preparation phase in December 1995. In December 1995, HPECDC signed Monitoring Contract with HASS. The contract was valid from signature to one year after project completion. In May 1996, under the leading of Hunan Provincial High-grade Highway Construction Headquarter, PRO was set up. Leading groups in Changsha and Yueyang City and counties along the route were set up in succession and ROs were set up under their jurisdiction. In November 1996, resettlement survey of the main road was completed. In June 1998, resettlement survey of HHH, newly built interchange and west line of Xingsha Section of Changsha County was completed. At the end of January 1997, the first edition RAP of TCE was compiled. In September 1997, the second edition RAP of TCE was compiled. In February 1998, the third edtition RAP of TCE was compiled. In July 1998, the fourth edition RAP of TCE was compiled. 6  Resettlement .4ction Plan Chapter 1 In December 1998, resettlement will be started. In August 1999, TCE and HHH will be constructed. In August 2003, TCE and HHH will be completed to open for traffic. K) Permission for Land Use, Resettlement and Construction TCE will use 16,964.13 mu permant land. From October 1997 to November 1998, all the preparation work for resettlement will be done. In December 1998, Preliminary Design will be approved by MOC. The Land Administration Law will report Land used by the project to Hunan Provincial Government by COROs along the route level by level according to the procedures stipulated. After gaining the permission, resettlement will be done by CIROs and COROs according to the RAP and completed before July 1999. In August 1999, the project will be started to construct. L) Decree on Rates of Compensation As to the project, People's Government of Hunan Province, cities and counties along the route do not set out concrete regulations on resettlement purposely. All the compensation rates are carried out according to country, provincial and city's standard regulations. Considering that Yueyang's compensation rate is lower than that of Changsha's, Changsha's rate will be used for TCE resettlement after gaining CIROs' accordant. Details are shown in Chapter 3. 7  ^ I , d Ual I *I vj;'N4 ,~~~~~~ 41 * / ( Ls -_> -=rgm ,g,>f-~ .____.\<-' . /; f.. i-'57'- A17- .~~~~~~~~~~~~~~~~~~ir .tnj.~ ~ ~ n C' L~~~~~~~~1 1.3'a~~~~~~~~~~~~~~~~'~I  - ~ ~ ~ \ I ~Aigoluencii C'omparisml Driawinig betmeni YticYiimg i'Iliii aII1rI iflu in Piw TI x *1 I~~~~~~~~~~~~~~ I I *j 9. >. -k '9~~~~~~~~~~~L IYV~ ~~~~V ~ I