RP116 Vol. 2 rev. PELPLE'S REPUBLIC OF CHINA TIANJIN URBAN AND RURAL CONSTRUCTION COMMISSION SECOND TIANJIN URBAN DEVELOPMENT AND ENVIRONMENT PROJECT Report on Resettlement Action Plan TIANJIN INTERNATIONAL ENGINEERING CONSULTING COMPANY October 2002 FIL COPYnz Second Tianjin Urban Development and Environment Project-RAP Report Contents Foreword ................................................... 2 1 Introduction .................................................. 3 2 Guidelines of the Resettlement Action .................................................. 16 3 Socioeconomic Survey .................................................. 21 4 Impact of the Project .................................................. 25 5 Organization .................................................. 33 6 Laws Frame .................................................. 40 7 Compensation Standard .................................................. 57 8 Methodology for Resettlement .................................................. 65 9 Calculation of compensation .................................................. 77 10 Environment Protection .................................................. 84 11 Public Participation .................................................. 86 12 Monitoring and Evaluation .................................................. 91 13 Table of rights .................................................. 101 14 Implementation Plan .................................................. 102 Second Tianjin Urban Development and Environment Project-RAP Report Foreword Tianjin Second Urban Development and Environment Projects are the projects using World Bank loan by Tianjin Municipal Government (TMG) to improve urban infrastructure. The project has been started since 1998 and ready for appraisal through efforts by many international and domestic specialists. This report is a Resettlement Action Plan (RAP) for involuntary resettlement and land requisition during implementation. It includes detailed investigation and description on the people affected, applicable laws, compensation standard, organization structure for resettlement, implementation plan, arrangement of capital and procedures etc. The report shall be a guide and a base for implementation when the World Bank approves it. Tianjin Second Urban Development and Environment Projects consist of three parts: urban drainage, urban transport and township drainage; while each part consists of a number of components. All those components with resettlement and land requisition are dealt with in the report in detail. Since many problems of the project need further study, final design scheme is not available so far and we cannot accurately define impact of resettlement. This includes bus priority project, Dagunan interchange and township drainage. A policy frame is, therefore, developed to be followed during process of resettlement to solve encountered problems. The policy frame is attached to the report. -2 - Second Tianjin Urban Development and Environment Project-RAP Report 1. Introduction 1. Brief Description In order to accelerate construction and perfection of Tianjin urban infrastructure to meet the demand of industrial production and people's daily life, Tianjin city will use the second loan from the World Bank on its urban development and environment project. The project consists of two categories: environment component and transportation component. Each component includes several works. 1.1 Environment Component The environment component includes: * NanBeicang Drainage Works * FuKanglu Drainage Works * NanJiaowai Drainage Works * Shuanglin Waste Water Treatment Plant * Dagu Drainage Canal Remediation Works * Facility of Reclaimed Water Reuse * Reclaimed Water Reuse of East Suburb WWTP * Reclaimed Water Reuse of Shuanglin WWTP * Reclaimed Water Reuse of Beicang WWTP Suburb Water and Waste Water Treatment Works (see appendix for details) The following table shows details of each works: Name of Content of Works Description Works Quantity Works Works Nanbeicang Laying storm Works range for storm water is 200 Lays 37 kilometers Drainage and waste meters to the north of BeiCanglu, storm water pipeline, Works water pipeline, Jingshan railway in the south, 200 renovate 3 kilometers building pump meters to the north of Nancanglu, and watercourse, build 2 station North canal in the west with total area combined pump of 753.52 ha. The service area is stations. Lays 25 kilos 1722.12 ha covering the outer ring road wastewater pipeline, to the north, Jingshan railway to the build 1 sewage pump east, Pujihedao to the south, and North station. canal to the west. Plusing a service area of 679.6 ha of Shunyilu pump station, the total service area of NanBeicang drainage works is 2401.72 ha. With the storm water drained to North canal and waste water drained to Beicang WWTP, a project financed by ADB, a complete waste water treatment system including separate storm and waste water sub- system will be formed in this area. FuKanglu Laying storm Water Catching Scope: Lays 14 kilometers Drainage and waste Storm water: 150 meters to the south of storm water pipeline, Works water pipeline, Fukanglu in the north, Pingshui St. and builds 1 storm water building pump Huanhuzhonglu in the south, pump station. Lays station HongQinanlu in the west, and 14.84 kilometers WeiJinnanlu in the east, with total sewage pipeline, catching area of 295.56 ha. builds 2 wastewater Wastewater: 150m of the southern pump stations. -3 - Second Tianjin Urban Development and Environment Project-RAP Report Fukanglu in the north, Binshuidao and Huanhuzhonglu in the south, Hong Qinanlu in the west, and Weijinnanlu. in the east. The total water catching area is 295.56 hectares. The wastewater: Within the district, it is of 150m of the southern Fukanglu in the north, Binshuidao and Shuishangbeilu in the south, Hongqinanlu in the west, and Weijinnanlu in the east. The total service area is 263.21 hectares. The area out of the wastewater project covers the western part of Nankai University, several areas such as Tiantuonan, Wangdingdi, Huayuan, Xihuayuan, and Huayuan Industrial Park, etc., for the drainage of the wastewater. After the systems are completed, the service scope of the wastewater drainage system of the southern Fukanglu is of 1,256 ha. Storm water drains to Jin River, wastewater drains to Xianyanglu WWTP, which is financed by Japanese loan, and then flows to Dagu Drainage Canal. NanJiaowai Laying storm Construction Scope of storm and waste Lays 9.9 kilometers of Drainage and waste water: North to South Weidi River, storm water pipeline, Works water pipeline, south to lOOm point on the north of build 1 storm water building pump Sanshuilu east to Changtai Approach pump station, and lays station River, west to the railway extensive 9.1 kilometers of line on the west of Hongzelu. The total sewage pipeline. area is 234 ha. Shuanglin Build WWTP, As the last WWTP planned by Tianjin Build a WWTP of 200 WWTP lay pipeline government, Shuanglin treatment plant thousand tons/day. network around will be in charge of catching and Lays 7.6 kilometers of the treatment treating the wastewater produced in the wastewater pipeline. plant, and build sub-system. Build 1 wastewater pump stations pump station. outside of the treatment plant. Dagu Renovate Dagu Dagu Drainage Canal extents 70 River digging, Drainage and Xianfeng kilometers (from the meeting point of sediment removing, Canal drainage Chentanzhuang railway and Chentaizi banks paving, sewage canals, drainage canal to Bohai bay). holding of 86 renovate Jizhuangzi drainage canal extents 3.75 kilometers. Build and structures and kilometers (from Jizhuangzi WWTP to re-build 40 structures pump stations outer ring road). Xianfeng drainage along the river. Build along the canal. canal extents 12.5 km (from Dagunanlu 1 pump station, and to Jugezhuang). The designed renovate 2 pump watercourse section of Q=10 m3/s will stations. be achieved upon digging and sediment removing. Removed sludge carrying heavy metal will be disposed properly. Reuse of reclaimed water -4 - Second Tianjin Urban Development and Environment Project-RAP Report East Suburb Establish east The works serves a part of residential Build a reclaimed suburb water blocks and industrial enterprises in water station of regeneration Hedong District and Dongli District. 25,000 tons/d. Lay 44 plant, and lay For domestic usage, the reclaimed kilometers of water related water water will mainly be used on toilet carriage pipeline. carrying pipes. flushing, road washing and landscape irrigation in residential blocks; for industrial usage, reclaimed water can be supplied to enterprise requiring low- quality water. Shuanglin Establish The works serves Jinnan District and Build a reclaimed WWTP Shuanglin Hexi District. For domestic usage, the water station of water reclaimed water will mainly be used on 20,000 tons/d. Lay 33 regeneration toilet flushing, road washing and kilometers of water plant, and lay landscape irrigation in residential carriage pipeline. related water blocks; for industrial usage, reclaimed carrying pipes. water can be supplied to enterprise requiring low-quality water. Beicang Establish The works serves Beichen District. For Build a reclaimed WWTP Beicang water domestic usage, the reclaimed water water station of regeneration will mainly be used on toilet flushing, 20,000 tons/d. Lay 27 plant, and lay road washing and landscape irrigation kilometers of water related water in residential blocks; for industrial carriage pipeline. carrying pipes. usage, reclaimed water can be supplied to enterprise requiring low-quality water. 1.1.1 Tianjin Beicang WWTP 1.1. 1.1 Introduction a. Background Beicang WWTP will be constructed by using ADB loan with a capacity of 100,000 m3/day for phase I and 250,000 m3/day in future to provide wastewater treatment facility for Beicang area including a WWTP, pipeline network for sewage and a pump station. b. Investment Planned total investment is RMB 350. 35 million, of which 188.41 million is from the ADB loan and construction period is expected as 3 years. 1.1. 1.2. Project impact Based on actual investigation, the project needs permanent land requisition for 409 mu (27.2 hectares), temporary land using for 48 mu (3.2 hectares) impacting 5 villages and 9 households totaling 37 people. All the land occupation has no problems for resettlement. 1.1.1.3 Law Frame -5- Second Tianjin Urban Development and Environment Project-RAP Report Resettlement action plan of the project shall follow Land Law of People's Republic of China issued in 1998, Temporary Regulation on Management of Land Requisition in Tianjin and Non-voluntary Resettlement Policy of ADB. 1.1.1.4 Principle for compensation In accordance with Laws and rules of PRC and ADB, major principles for resettlement action plan (RAP) are: (1) Works comparison should be economically, environmentally and socially feasible to minimize impact on the people and villages; (2) ensure living standard of the people impacted; (3) ensure that the RAP should follow laws, rules and policies of PRC and ADB on land requisition and resettlement; (4) ensure that compensation shall be paid to the villagers committee, and it is up to the villagers committee and assembly to decide through discussion the use of the compensation funds. 1.1.1.5 Standard for compensation Based on law frame mentioned above, compensation standard for permanent land requisition (which was formerly nursery) is RMB 29,750/mu consisting of compensation (17,500/mu), compensation for crops (1,750/mu) and compensation for resettling (10,500/mu). Compensation for temporary land using is 3500/mu. Calculation is as follows: Calculation of Rate of Sort of cost standard compensation compensation standard standard(/mu) 1. 10 times of averaged Compensation (1)for the lands production value of 1,750/mu x 10 = for permanent previous 3 years. land use Averaged production value (2)for the crops of previous 3 years.29,750.00 6 times of averaged 1,750/mu x 6 = (3)for resettlement production value of 10,500/mu previous 3 years. 10,500/mu 2 compensation for temporary land 2 times of averaged 1,750/mu x 2 = use production value of 3,500/mu 3,500.00 previous 3 years. 1.1.1.6 Budget of compensation Based on standards above, compensation of the project is estimated as RMB 12.338 .6- Second Tianjin Urban Development and Environment Project-RAP Report million, see the table below: Order Cost Unit Quantity Unit Total, in ____ __ ___ ___ ____ ___ ___ ___ ___ ____ ___ _ _ ___ ___ price(RM B) 1 0,000 R MvB I Permanent land acquisition Mu 409 29,750.00 1,217.00 2 Temporary land using 111u 48 3,500 16.8 3 Total 1 ,233.80 1.1.1.7 Measures for the recovery of living Principally, villagers of the villages and towns are not living on fanning. Permanent land acquisition will impact on those land contractors. Therefore, one of the targets of plan for recovery of living is to offer opportunities for impacted contractors' choice. Based on investigation, all the villager committees guarantee that besides cash payment, the impacted contractors will be arranged to work in the village-run enterprise in their own willing. Compensation for the land shall be used to produce the value-added products to increase the villagers' income. 1.1.2 Introduction to Xianyanglu WWTP 1.1.2.1 Introduction a. Background Xianyanglu WWTP, a secondary sewage treatment plant with a capacity of 450,000 tons per day, will treat the sewage from Xianyanglu drainage system, one of the six systems in Tianjin. The works includes a WWTP, pipeline network outside the plant and sludge landfill site of 900 tons/day. b. Total investment The planned total investment of the project is RMB 1,199.72 million, of which RMB 256 million is from JBIC loan. The duration of the project is supposed to be four years (2001-2004). 1.1.2.2 Project impact Based on the preliminary design and actual investigation of the affected areas, the project needs permanent land requisition for 1,100 mu, of which 240 mu are fish ponds, 40 mu are wastelands and 820mu are farm lands. The WWTP site will occupy the land of Zhongbei village, Xibeixie village and Xingzhuangzi village, and the sediment treatment zone will occupy the land of Zhongbei village and Xibeixie village. There are no residential people in the lands to be occupied, with no problems for resettlement. -7 - Second Tianjin Urban Development and Environment Project-RAP Report 1.1.2.3 Law Frame Resettlement action plan of the project shall follow Land Law of People's Republic of China issued in 1998, Temporary Regulation on Management of Land Requisition in Tianjin and Non-voluntary Resettlement Policy of ADB. 1. 1.2.4 Principle for compensation In accordance with Laws and rules of PRC and ADB, major principles for resettlement action plan (RAP) are: (1) Works comparison should be economically, environmentally and socially feasible to minimize impact on the people and villages; (2) ensure living standard of the people impacted; (3) ensure that the RAP should follow laws, rules and policies of PRC and ADB on land requisition and resettlement; (4) ensure that compensation shall be paid to the villagers committee, and it is up to the villagers committee and assembly to decide through discussion the use of the compensation funds. 1. 1.2.5 Standard for compensation Based on law frame mentioned above, compensation standard for permanent land requisition is RMB 71,400/mu for fish ponds, 17,000/mu for farm lands and 5,000/mu for wastelands. Calculation is shown in Table 7.6. 1.1.2.6 Budget of compensation Based on standards above, compensation of the project is estimated as RMB 32.248 million, see the table below: Order Compensation item Unit Quantity Unit price Total (R_ ) 10,000 RMB Fish pond Mu 240 71,400 1713.6 1 land use Farm land Mu 820 17,000 1394 wasteland Mu 40 5,000 20 2 Others for WWTP site 130 3 Total 3257.6 1.1.2.7 Measures for the recovery of living Principally, villagers of the villages and towns are not living on farming. Permanent land acquisition will impact on those land contractors. Therefore, one of the targets of -8- Second Tianjin Urban Development and Environment Project-RAP Report plan for recovery of living is to offer opportunities for impacted contractors' choice. Based on investigation, all the villager committees guarantee that besides cash payment, the impacted contractors will be arranged to work in the village-run enterprise in their own willing. Compensation for the land shall be used to produce the value-added products to increase the villagers' income. 1.2 Transport Component Transport component includes: * MRR Improvement * IRR Improvement * Provision for Bus Priority Corridors * Expansion of Traffic Control System Detailed Contents Name Works Content a. MRR Improve. Build flyovers respectively along MRR and Jinzhonghe St. with 6 Jinzhonghe Interchange lanes for two directions for MRR flyover and 4 lanes for two Jmnzhonghe Interchange directions for Jinzhonghe flyover. To expand road section for 5-6 meters at two sides to increase 1-2 lanes for turning. Close 9 at-grade crossings between Jinzhonghe St. and Weiguo Rd Traffic Control on along MRR to 3 ones. Build 2 six meters wide pedestrian bridges Hongxinglu adjacent to the crossing of Changzhoulu and Zhengyilu with gradient of 1:7. From Dagunan Lu to Hongqi Lu (including Weididao / Fukanglu). Aimed to add more lanes as bus lanes (achieving 2x3 lanes). The Widening of the southern half methodology is, without changing the current red line, to widen ring road (Weididao/ the roads from the central line to both sides with cross-section Fukanglu) adjustment, replace the separation belts with fences, adjust the NMV lane to 6.75m and move the lamp poles on both sides to sidewalks to separate NMVs and MVs. Establish a three-level interchange at the crossing: to build flyovers along MRR and DaGunanlu, and a flyover connecting DaGunanlu Interchange DaGunanlu and MRR to divert the main direction traffic flow to the interchange so as to relieve the intense traffic conditions at the crossing. Renovatio . CircularIslan Remove the circular island and install traffic signal instead. Keep Renovation of Circular Island 5 entering lanes along MRR. To enlarge the bridge to 9 meters on on AnShanxidao AnShanxidao. b. IRR Improve. The scope of the works is from Anshandao to Hubeilu along Renvaio ofNaNanjinglu including three sub-works: Expand Nanjinglu (from Renovation of Nanjinglu Anshandao to Yingkoudao); renovate circular islands on XinHualu and Hubeilu. -9- Second Tianjin Urban Development and Environment Project-RAP Report Expansion of Nanjinlu is to reduce the greenbelt and MV-NMV separator, re-organize road section in order to create 3.5 m wide bus priority lanes at two sides of the road. As two bottlenecks in IRR, conditionts are similar with the circular islands at Xinhualu and Hubeilu where there is a six-arm and five-arm crossing respectively. The two sub-works are to remove circular islands and install traffic signal in order to improve the traffic conditions. Includes 3 components: widening Beimalu for 6 lanes in double direction; foot bridge in Dongbeijiao intersection; channelize Xibeijiao intersection and improve transportation capacity. Renovation of Beimalu Overall length of Beimalu is 1.6 km and current width is 40 m Renovation of Beimalu with 4 lanes in double direction. Sections of the road shall be widened and cross section shall be re-arranged to wider motor vehicle way from 15 m to 21 m and add 1 more lane in each direction for bus. c. Provision for Bus Priority Corridors The corridor is from around the crossing of HuangHedao and Corridor from HuangHedao MRR to crossing of NanMalu and DongMalu. The works is to re- to NarMalu fromHuangHedao organize road section, to change MV-NMV separating greenbelt to NanMalu into separation piers, to enlarge some road so as to create a bus priority lane at two sides. The corridor starts from Tianjin railway station, and ends at the LiuWeilu.ShiJingluJinTangl .crossing of JinTanglu and MRR. The works is to increase bus LiuWedlu-Shoir glu-JinTanglu priority lanes through expanding JinTanglu and LiuWeilu, and Corridor improving the single direction system along ShiJinglu, QiWeilu and LiuWeilu. The corridor is from HaiGuangsi to BaLitai. The works is to WeiJinlu Corridor adjust road sections and optimize layout of crossings so as to provide bus priority system. d. Expansion of Traffic The works is to expand the traffic control area to include 300 Control System crossings in MRR into the traffic control system. 1.3 Project Beneficial Scope and Socioeconomic Conditions With all the works described above, the proposed World Bank financed project characterizes in large number of beneficial area and people. 1.3.lTransportation Component 1.3.1.1 Middle Ring Road Improvement Works The four sub-works under MRR improvement, which cover east, south and west part of MRR, benefit areas along MRR including HeDong District, DongLi District, HeXi District and NanKai District. The beneficial scope includes important social and economic areas in Tianjin, such as AnShandao hi-tech zone; FuKanglu culture and university zone; TongLou, Nanlou and Wenzhou commercial zone; residential blocks at Xianyanglu and WangChuanchang; the Water Park; Tianjin Entertainment Part; and BaiLitai university zone. MRR serves 1.85 million - 10- Second Tianjin Urban Development and Environment Project-RAP Report people, 930 thousand working positions and one-fourths traffic volume of total Tianjin urban area. 1.3.1.2 Inner Ring Road Improvement Works The 9 sub-works, locating in the IRR, cover six urban districts. Main affected communities are commercial zones at Dongbeijiao, XiaoBailou, BinJiangdao and Tianjin municipal government office. The works will serve 520 thousand people and 540 thousand working positions. 1.3.1.3 Provision for Bus Priority Corridors The annual bus transportation volume in Tianjin is now 575 million person/time. The works will increase bus speed, save travel time and improve bus service level. With the implementation of the works, bus transportation volume is expected to reach 800 million person/time within 5 years. The works will serve 1 million people. The proposed 3 bus priority corridors will improve operating efficiency for about 60 bus lines, which will benefit 50,000-80,000 passengers per day. 1.3.1.4 Expansion of Traffic Control System The works will expand the current Area Traffic Control (ATC) system to have most of the traffic signals combined in urban area. The works is expected to increase road capacity by 10%, to increase average vehicle speed by 15%, to reduce waiting time by 20%, to reduce vehicle stop rate by 35%, to lower traffic accident rate by 15%. Implementation oft he works will also contribute to reduce air pollution and benefit all Tianjin people. 1.3.2 Environment Component 1.3.2.1 NanBeicang Drainage Works Major beneficial scope of the works is XinCun St. and TianMu St. in BeiChen District. As the political, commercial and industrial center of the district, this area accommodates the district government office, tens of industrial enterprises, with 35919 residents, and 18132 people working here. Total built-up area is over 10,000 m2. Being close to Jingjin highway and enjoying sound traffic conditions, this area will become an important center for Beichen District and enjoy rapid economic growth while attracting more people living here. - 11 - Second Tianjin Urban Development and Environment Project-RAP Report 1.3.2.2 FuKanglu Drainage Works Major beneficial scope of this works is BaLitai of Nankai District, an area of science, education, culture and entertainment. With about ten years' development, this area has become one of the most attractive living communities with 31874 residents and 23304 people working here. Total built-up area of this community is 1.1 million m2. The community includes 8 colleges and universities as NanKai University, Tianjin College of Technology, Tianjin Norrnal University, Sino- Germany High Technology College, Tianjin Television University, etc. The community also includes manyscience research agencies and hotels such as Tianjin Research Institute of Environmental Science, Tianjin Research Institute of Social Science, XinHua News Agency Tianjin Branch. The Water Park and Tianjin Sports Center in this community are main recreation and entertainment places in Tianjin. 1.3.2.3 NanJiaowai Drainage Works The works serves one of Tianjin's major industrial zone - the ChenTangZhuang Industrial Zone, including tens of medium and large enterprises such as North China Oxygen Plant, ZhaoHe Cable Plant, Tianjin Sensitization Material Company, No. 16 Research Institute of Electronic Ministry, Metal Material Company, ChenTang Thermoelectricity Company, BoHai Radio Plant with 12139 people working here. The proposed works will greatly improve the environment of this community and benefit 68437 people living in XiaoHaiDi residential block and 8907 people working here. 1.3.2.4 Shuanglin Waste Water Treatment Plant The works serves mainly the HeXi District covering an area of 2710 ha including XiaoHaidi residential block, ChenTangzhuang industrial zone, LiuLin scenery zone, the University Area on DongTinglu. Total population of this area is 205300. Wastewater treatment will also help to improve life, living environment and agriculture product condition of the village downstream benefiting over 12000 people. 1.3.2.5 Dagu Drainage Canal Remediation Works Dagu Drainage Canal locates in XiQing District, JinNan District and TangGu - 12 - Second Tianjin Urban Development and Environment Project-RAP Report District, covering 54 villages. Along the banks of the canal, there are 3 state-owned farms, I middle-sized reservoir, 1 large-scale salt field, I large residential block and tens of enterprises. Implementation of the works will improve greatly the living environment and living and product conditions along the banks benefiting 83500 agricultural people, 40000 non-agricultural people, over 100000 mu cultivated land, and 1500 mu pits and ponds. XianFeng Drainage Canal, located in JinNan District, flows through 3 towns, and 7 villages including 10000 agricultural people, 4000 non-agricultural people and 10000 mu cultivated land. 1.3.2.6 Reclaimed Water Reuse of Dongjiao WWTP Domestic users of the sub-works are 330000 residents from 100000 households in LiYuan, Dongli, and XianFeng residential blocks in HeDong and DongLi Districts. The reclaimed water will also be used by tens of industrial enterprises and 1 environmental forestation unit in forestation of 1130000 square meters and road- washing of 750000 square meters. 1.3.2.7 Reclaimed Water Reuse of ShuangLin WWTP Reclaimed water will be used for 3 residential blocks, ShuangLin, ShuangGang and HeXi Paper Plant residential blocks, with planned construction area of 250 ha covering a population of 200000. The reclaimed water will be used by tens of industrial enterprises and 1 environment unit for forestation of 226 ha, washing road of 2670000 m2. 1.4 Resettlement Affect of the Project 1.4.1 Transportation Component 1.4.1.1 Middle Ring Road Improvement Works Among 4 sub-works of MRR Improvement, there are 2 ones involving resettlement: JinZhonghe interchange, DaGunanlu interchange. The other 2 sub- works involve only the removal and renovation of trees and electricity poles, etc. Resettlement for JinZhonghe interchange covers shops of Wenzhou commercial zone and residential houses along MRR. The resettlement amount is comparatively large. - 13 - Second Tianjin Urban Development and Environment Project-RAP Report Resettlement for DaGunan interchange covers some shops to the south the crossing and a residential building to the west of the crossing along MRR. 1.4.1.2 Inner Ring Road Improvement Works This works will be constructed within the road range decided by the planning agencies involving removal and renovation only on trees and electricity poles. No residential resettlement is involved in this works. 1.4.1.3 Provision for Bus Priority Corridors As a pilot, the bus priority corridors works strictly follows the principle to avoid resettlement of residents, shops and infrastructure. So the works involves only removal and rebuild of on-land attachment. 1.4.1.4 Expansion of Traffic Control System As the works is to improve the equipment, no resettlement has been involved except for a little removal and rebuild of infrastructure. 1.4.2 Environrent Component 1.4.2.1 NanBeicang Drainage Works A storm water pumping station and a wastewater pumping station involve land acquisition. Another storm water pumping station, to be rebuilt from an agricultural pumping station, need to use the original irrigation watercourse. The wall of an enterprise needs to be rebuilt. In addition, the works will take up road temporarily and cut some trees. 1.4.2.2 FuKanglu Drainage Works No residents or enterprises resettlement will be involved by this works but to take up road temporarily and to cut some trees for building storm water pumping station. 1.4.2.3 NanJiaowai Drainage Works Small area of public land is to be occupied to build the storm water pumping station. While laying pipeline, a few enterprises will be moved and resettled to construct some planned roads, such as HongZe, Dongjiang and YanShuilu. - 14 - Second Tianjin Urban Development and Environment Project-RAP Report 1.4.2.4 Shuanglin Waste Water Treatment Plant The proposed WWTP involves land acquisition of 300mu farmland. No other resettlement but to remove some trees and electricity poles. The SongJianglu pumping station out side of the plant involves land acquisition. 1.4.2.5 Dagu Drainage Canal Remediation Works The works, including JiZhuangzi canal and XianFeng canal, will adopt advanced process and technology to lessen affect to residents and enterprises along banks. However, the unavoidable affect will be temporary land use of 13.3 ha to build landfills at three sites. 1.4.3Works on Reclaimed Water Reuse 1.4.3.1 Reclaimed Water Reuse of East Suburb WWTP 22.5mu land will be occupied to build the reclaimed water station. No other resettlement will be involved. 1.4.3.2 Reclaimed Water Reuse of ShuangLin WWTP The reclaimed water station will be on the land reserved for ShuangLin WWTP, no resettlement will be involved. - 15 - Second Tianjin Urban Development and Environment Project-RAP Report 2 Guidelines of the Resettlement Action 2.1. Principle The Resettlement Action Plan (RAP) is made on the basis of the practical statistics of those affected lands, population, administrative offices and commercial shops in the project area as well as the socioeconomic survey, in accordance with the laws, regulations and policies of resettlement at both state and local levels, and with the World Bank Involuntary Resettlement Policy (OD4.12), with reference to the newly issued Involuntary Resettlement Policy (OP4.12) by the World Bank. 2.2. Guidelines 2.2.1. Optimize the project designs and minimize the involuntary resettlement scope by avoiding densely-populated areas and multi-story or high buildings, and adopting less-disturbing construction plans. Most of the projects in the transport components are designed to improve the traffic capacity by adjusting the road section and adding special lane for bus without changing the current right of way. For instance, the improvements in Weididao & Fukanglu of MRR, Nanjinglu, Beimalu are all optimized designs that reduced resettlement to the minimum or even to nothing. The optimized design of Jinzhonghe Interchange reduced the resettlement of houses from the original 30,000M3 (partly connected design) to 3,000M3, leaving a greatly reduced disturbance to the surrounding residents. The construction of pumping stations in the environmental components required an acquisition of all kinds of lands. The selections of pump sites in most cases were made to use the reserved lands where available or to use the modified sites of the existing facilities where no reservation is available, and thus new acquisitions of land were reduced. For instance, the storm water pumping station of Nanbeicang Project was designed to use an existing agricultural pumping station, meeting both the needs of agricultural irrigation and storm water drainage. The WW pumping station was designed to sit in Beicang Nursery Garden without any resettlement and land acquisition. Projects out of urban area such as Dagu Canal shall use banks along two sides - 16 - Second Tianjin Urban Development and Environment Project-RAP Report for sludge and access way without occupying any farmland. 2.2.2. Ensure that all resettlers get compensated for their lost assets and subsidies for their recovery, so as to improve their former living standards, or at least to restore them. Based on the long-term experience of urban construction, TMG has stipulated a complete set of compensation rules, standards and measures maximum to the interest of the resettlers by combining the displacement of residential houses with the improvement of people's living conditions, and the displacement of shops and factories with the readjustment of industries and the improvement of operational conditions. 2.2.3. Involuntary resettlement is an integral part of project design, and sufficient funds should be provided to ensure that the population displaced receives benefits from the project. Displaced persons should be compensated for their losses at full replacement cost prior to the actual move. The compensations paid to the land, house or other asset owners should include depreciation fees and discounts in any other forms. 2.2.4. This project will provide compensation as stipulated to all buildings within the project areas. 2.2.5. Compensations should be given to both the owners and the users of public residential houses and their attachments within the project areas. The users here refer to those who have been contracted to live in the rentable public residential houses with the help of their employers and have been living there for a certain time. The values of the said compensations shall follow the related standards stipulated by the District or County governments 2.2.6. Compensations should be given to the owners other than the users of any other houses within the project areas. It is the owners who receive the whole compensations and then redistribute them to the users through negotiations. It was an old practice before the reform of the housing system in China that the enterprises were responsible for having public residential houses rented to their employees to live in as a kind of welfare. Therefore, compensations given to these house users (virtually treated as the house owners) are to their maximum interests within the project area. Any other rented houses are quite different from one another concerning the rent backgrounds and conditions, such as purposes, terms and rentals. It is - 17 - Second Tianjin Urban Development and Environment Project-RAP Report difficult to work out a unified, reasonable and easy-to-operate standard of compensation distribution that can be agreed by all parties. These rented house users are different from those mentioned above, since they do not rely entirely on the rented houses to live and the terms of rent are comparatively short. As the affected people, their compensations should be obtained through negotiations from the house owners who have received the whole of compensation. 2.2.7. Well-built residential blocks with convenient traffic and good environment shall be recommended to the resettlers to help improve their living conditions. 2.2.8. The resettlers should be assisted with the move. 2.2.9. Resettlers should be integrated socially and economically into host communities. 2.2.10. Particular attention should be paid to the needs of the weak groups to be resettled. They should be assisted with the move and the choice of houses, even with the house locations and directions taken into consideration for the benefit of a convenient living after displacement. 2.2.11. Minimize the asset loss brought by the land acquisition to the commercial shops or administrative agencies by relocating them properly and restoring their production levels in the shortest possible time. A compensation of RMB 36/mi2 for the production loss caused by relocation will be issued. 2.2.12. All the owners whose lands are acquired should be compensated. 2.2.13. If the collective-owned lands temporarily acquired in the suburban areas have to change the way of utilization when retumed, an increased compensation should be given and the former land users be resettled. 2.2.14. Community participation should be encouraged in the preparation and implementation of resettlement action. The resettlement policy and compensation standard should be publicized in time, and a survey be made among the affected people to seek their comments on resettlement. Their desires and comments on the resettlement modes should be respected and reflected in the report. Special agencies should be set up for appeals from the resettlers. 2.2.15. If any change is to be made to the construction plan in the project implementation, the resettlement will vary accordingly. The detailed situation of the change will be investigated and reported in time to the WB. The - 18 - Second Tianjin Urban Development and Environment Project-RAP Report corresponding resettlement and compensation shall follow the TMG regulations. 2.2.16. For the supervision of the project implementation, the project owners will be responsible for an internal supervision and an independent monitoring agency will be invited for the external. The evaluation and appraisal should be done after the whole project is completed. 2.3. Procedures of report preparation 2.3.1. Basic facts of the project: describing the project in general, project personnel and socioeconomic situations; a more detailed description of the resettlement impacts of each individual project may be needed for an easy identification of the displacement. 2.3.2. Guidelines of the resettlement action: describing the necessity of resettlement, summarizing the RAP objectives and principles, and stating that the RAP is made as required by the WB and based on the related laws and regulations in China. 2.3.3. Impacts of the project: describing the current situations of the affected land, houses and population, as well as the influence they may produce on the resettlement action. 2.3.4. Organizational framework: describing the arrangements and responsibilities in the RAP implementation., 2.3.5. Legal frame: describing the resettlement-related laws and regulations at both national and local levels, policies of the WB and other policies adopted by the project. 2.3.6. Compensation: describing the principles and policies of compensation that the affected agencies or population are entitled to. 2.3.7. Ways of resettlement: describing the principles and ways of reallocation of the affected agencies, population and infrastructures. 2.3.8. Estimated value of compensation. 2.3.9. Environmental protection. 2.3.10. Community participation: describing the activities of participation and the appealing system. 2.3.11. Supervision and appraisal: describing the internal and external supervision -19- Second Tianjin Urban Development and Environment Project-RAP Report measures to ensure the effective implementation of RAP. 2.4. Unit of report preparation PMO of Tianjin entrusted TIECC for organization of the socioeconomic survey and preparation of the report. PMO and TURCC of Tianjin will perform the co-ordination among different agencies involved. - 20 - Second Tianjin Urban Development and Environment Project-RAP Report 3 Socioeconomic Survey 3.1. Socioeconomic survey The task of the socioeconomic survey is to investigate the quantity and quality indexes of all kinds of physical materials affected within the project areas, and provide basic information to the calculation of asset losses caused by land acquisition, the socioeconomic assessment of the project, the evaluation of the project scale, the study of the socioeconomic impact done to the project region, the preparation of the resettlement and reallocation plan, the investment estimate of resettlement, the implementation and the appraisal of the resettlement action. A physical survey and estimation to the quantity of the physical materials along the project line started from 1998. A preliminary survey of the quantity of reallocation and the socioeconomic situations was made from June to August 2001. A total quantity of reallocation of all projects was estimated, providing basic information to the project analysis, and the preparation of RAP started. During August to September 2001, a survey team of over 60 members organized by the project office consisting project management agents, RAP developers, professional surveyors and college students conducted a comprehensive survey to the socioeconomic situations within the project areas, including the detailed and overall survey of every index of physical materials. A special technical training was done beforehand. The survey was divided into three stages. Firstly, the surveyors interviewed the district-level administrative organs within the affected districts, including the housing management bureau, the household registration management section of the public security bureau, the afforestation bureau, the garbage cleaning and removing bureau, the urban construction commission, the industry and commerce administration bureau, the power supply bureau and the telecom bureau. Some official documents concerning resettlement were obtained through interview, including information of the house registration, the qualities, areas and validity status of the houses, household registration, business areas of shops, tree registration, power supply and telegraph poles. Secondly, the surveyors visited the street, community and village committees within the project - 21 - Second Tianjin Urban Development and Environment Project-RAP Report areas, made public the population and materials within the scope of resettlement, discussed the resettlement plans and solutions to the possible problems. Finally, the surveyors paid a from-door-to-door visit to the following affected: to urban residents to verify their household information, housing certificates, land certificates and to determine the affected population and house areas; to rural residents to do a physical measurement and registration of, with the participation of the residents, their residential houses and their lands by categories; to the commercial shops to verify their house property certificates, business licenses and land certificates, and to survey, with the participation of the shop owners, the areas of their shops, the profits and the numbers of their affected employees; to administrative and industrial institutions to survey the areas of all houses and the numbers of their affected employees. Based on the survey, a database was set up as the ground for the RAP preparation. The socioeconomic survey was widely participated by the affected population and the result was all accepted. 3.2. Affected residents A from-door-to-door survey was made to all affected residents, the contents including: name, sex, relationship with the householder, age, education, nationality, occupation, employer, yearly income, distance to office, daily working hours, second occupation and yearly income, target occupation, skills, disable or not, target places of resettlement, and target ways of resettlement, etc. The current project requires houses of 115 households to be demolished, affecting 332 persons, all being urban residents. A sampled survey indicates: Investigation on features of the people affected by the project shows the following: Sex Ratio of Residents Education of Residnts 5080A 180A 0illiterate 524 488A 36,01S Upreschool IS j 360ele PrlnirTry 24D O 3 hi gh Ecol I ege 3.3. Affected residential buildings - 22- Second Tianjin Urban Development and Environment Project-RAP Report A comprehensive survey was made to the affected residential buildings based on the verifications of house property certificates and land certificates, and a physical measurement was done to the uncertificated houses. The contents of survey include: house owner, user, structure, direction, and storey; number of rooms, construction area, related facility, attachment, and rental status, etc. 3.4. Affected commercial shops A from-door-to-door survey was made to all affected commercial shops based on the verifications of the house property certificates, land certificates and business licenses. The contents include: shop identity, location, rental status, decoration status, business status, and date of establishment; number of employees, degree of housebreaking, target resettlement, etc. 3.5. Affected industrial and administrative institutions A from-door-to-door survey was made to all affected industrial and administrative institutions based on the verifications of the house property certificates and land certificates. The contents include: institution identity, number of employees, monthly salary per person, construction area of all houses, area of housebreaking, building structure, property right, date of construction, utility status, degree of housebreaking, decoration status, large equipment to be displaced, occupying area, target places and ways of displacement. The infrastructure to be displaced includes: telecom, power supply, air-raid shelters, trees and woods, highways and railways, etc. The investment and operation status includes: yearly production value, yearly sales revenue, yearly profit, yearly tax, yearly total of salary, fixed asset, principle business, etc. 3.6. Land requirement The area of the urban state-owned land to be acquired is determined through map work, and the area of rural land through physical measurement with the participation of villagers. The acquirement of rural wasteland should be determined through discussion with the town and village governments.. - 23 - Second Tianjin Urban Development and Environment Project-RAP Report 3.7. Affected all other buildings and attachments A comprehensive survey was made to all other buildings within the project area, facilities including power supply, water supply, wastewater collection, underground building, wells and all attachments. 3.8. System of land use and transfer The urban lands occupied by commercial shops, industrial and administrative institutions are state owned, with the right of use resting on the users. The right of use of the state-owned lands can be legally transferred. The lands acquired for urban infrastructure and commonweal purposes can be legally obtained by government allocation. The collective-owned rural lands are owned by villages, and can be contracted by the village administration for business uses by farmers, such as plantation and husbandry. The change to the land contract can only be made with the approval of the town-level agricultural administration, subject to a two-thirds agreement by the villager representatives. 3.9. Social and cultural characters of the resettlement organizations There is a compact organizational network for resettlement. For urban residents, there is a four-level administrative line: municipal-district-street- community; for villagers, another four-level administrative line: municipal- district/county-town- village. Enterprises and commercial shops have a similar line. All these lines form an administrative network beneficial to the resettlement implementation. 3.10 Weak groups in project area Investigation shows that there is no weak groups in project area and no description and attention needed. 3.11 Cultural relics in project area Investigation shows that there is no cultural relics in project area and no description and attention needed. - 24 - Second Tianjin Urban Development and Environment Project-RAP Report 4 Impact of the Project Based on investigation on site for the scope affected, permanent land requisition is about 498,000 square meters and temporary is about 2790,000 square meters, the areas of all kinds of houses to be pulled down are 8512 m2, and 978 people affected. See the table below: Order Item Unit Transport project Environment project Total I Land to be M2 3292820 3292820 occupied 1.1 Permanent M2 498477 498477 occupation 1.1.1 State-owned land M2 103333 103333 1.1.2 Collective land Mf 395144 395144 Of which: Mu 310 310 cultivated land 1.2 Temporary M2 2794343 2794343 occupation ._, 1.2.1 state-owned land M2 146691 146691 1.2.2 collective land M2 2647652 2647652 2 Resettlement Residential 2.1 houses to be demolished 2.1.1 Quantity household 81 5 86 2.1.2 Affected people Person 265 10 275 2.1.3 Affected area M2 1682 35 1717 2.1.4 Affected resident household 40 5 45 2.1.4.1 Affected people Person 173 10 183 2.1.4.2 Affected area M2 1172 35 1207 2.2 Public building 2.2.1 Quantity household 46 14 60 2.2.2 Affected people Person 170 100 270 2.2.3 Affected area W 2129 4666 6795 3 Farmland occupation l 31 Household household 127 127 3.2 Affected people Person 433 433 25 - Second Tianjin Urban Development and Environment Project-RAP Report - l _ 1 N _ I _i :,,Total. Order Item Unit iiI a N a i u iuangi Deicang Sha i age ---|3 -i *eS tli ili11 l. D1- I Occupied land M2 147548 238993 61983 2638652 190644 15000 3292820 3292820 1.1 Permanent m2 91033 195700 6100 190644 15000 occupation 498477 498477 1.1.1 State-owned M2 91033 6200 6100 land 103333 103333 1.1.2 Collective land M2 189500 190644 15000 395144 395144 of which: mu 1.5 285.85 22.5 cultivated land 309.85 309.85 1.2 Temporary M2 56515 43293 55883 2638652 occupation 2794343 2794343 1.2.1 state-owned M2 56515 34293 55883 land 146691 146691 1.2.2 Collective land M2 9000 2638652 2647652 2647652 2 Residential houses 2.1 Affected 81 81 5 = 86 household 81 2.1.1 Affected person 265 265 10 10 275 People 2.1.2 Area to be M 2 1682171 demolished 1682 1682 1717 3 Affected agencies 3.1 Quantity 46 46 14 14 60 - 26 - Second Tianjin Urban Development and Environment Project-RAP Report Order Item unit SizoHnM Wedd nhnIR o aJa uag au~~ Beicang Shung DonJia ittal flgIU (~~~ . I~~g improve wal angdral ~~~~~ T~ wa fi- 1tir, o:.vater: _ _~~ 1- I_ r- j >;; _5 3.2 Affected area M2 2129 2129 4666 4666 6795 3.3 Affected Person 170 170 100 100 270 em ployee __ _ ___ _ ___ _ ___ _ ___ _ _ __ _ ___ _ _ __ _ _ _ _ _ _ 4 Affected Person farmer 4.1 Household _ 1 125 33 159 159 4.2 Affected Person 4 425 113 542 542 __ _ _ people __ _ ___ _ ___ _ ___ _ ___ _ __ _ _ _ 5 Affected house 5.1 Residential *2 houses 5.1.1 Heping *2 District - - 5.1.2 Hebei District )K2 1682 1682 1682 5.1.3 Hexi District * 2 35 35 35 5.1.4 Hongqiao *2 1 District _________ 5.2 Public building sj2 5.2.1 Heping *2 D istrict__ _ _ _ _ _ _ __ _ _ _ 5.2.2 Hebei District )K2 2129 2129 2129 5.2.3 Hexi District )K2 4666 4666 4666 5.3 Hongqiao *2 D istrict ________ _______ _______ ________ _____-2 7 -27 - Second Tianjin Urban Development and Environment Project-RAP Report *28 - Second Tianjin Urban Development and Environment Project-RAP Report 4.1 Land affected by the project 4.1.1 Permanent occupation Permanent occupation happens to: Construction of Shuanglin WWTP, land for pump stations of Nanbeicang, Fukanglu, Nanjiaowai drainage areas., Nanbeicang pipelines, pipeline along planned roadway for Nanjiaowai, water station for water reuse 2 for Dongjiao WWTP, of which state-owned land is 102,000 m , collective land is 489,000 m2, of which cultivated land is 310 mu. A, State-owned land occupation State-owned lands to be administratively transferred are: the land for pump stations of Fukanglu drainage, land for pump stations of Nanbeicang and Nanjiaowai, pipeline to be laid along planned roadway for Nanjiaowai is free. Total land occupation is 116,000 square meters, see the following table: Drainage IArea to be Area to be order proje usage 2red m 2 occupied Current usage Mode to obtain project occupied m m Storm water pump 5000 7.5 Agricultural Administrative station pump station transfer 1. Nanbeicang Wastewater pump 1200 1.8 Trees nursery Administrative station transfer Total 6200 9.3 Wastewater pump 1100 1.65 Reserve Administrative station transfer Wastewater pump 2000 Reserve Administrative 2. Fukanglu station transfer Storm water pump 30045Rsre Administrative station 4.5 Reserve transfer Total 6100 9.15 Storm water pump 3000 4.5 park Administrative station transfer state-owned Administrative 3. Nanj iaowai Pipeline 88033 131.98 land reserved transfe for enterprise tase Total 91033 136.48 Total 103333 154.93 B, collective land occupation Nanbeicang drainage, Shuanglin WWTP, Dagu Canal improvement, water reuse of Dongjiao WWTP shall occupy collective land for 489,000 square meters., see the table - 29 - Second Tianjin Urban Development and Environment Project-RAP Report below for detail: Order project usage Occupied area Occupied area Current Mode to obtain m2 mu usage Pump station for 1000 1.5 Cultivated Paid transfer Nanbeicang storm water land I drainage River way 188500 282.6 River way Paid transfer total 189500 284.1 WWTP 189144 283.6 Rice field Paid transfer 2 Shuanglin Pump station for 1500 2.25 Rice field Paid transfer 2 WWT7P wastewater15025Padtnse Total 190644 285.85 Land fill 400200 60 Fish pound Paid transfer Land fill 46690 70 Wasteland Paid transfer Dagu Canal improvement Land fill 46690 70 Cultivated Paid transfer Total 93380 200 Water reuse of Pump station for 15000 22.5 Rice field Paid transfer 4 Donjiao WWTP se water I Total 15000 22.5 5 Total 395144 592.45 The 309.85 mu of cultivated land and 282.6 mu of river way land shall be occupied. * Nanbeicang drainage The land to be occupied is farmland for wheat and corn. One farmer's family with 4 people shall be affected. As the land and family affected is less, the village is able to resettle that farmer without big impact. * Shuanglin WWTP 285 mu of land shall be occupied with impact on 125 households and 425 people. The village locates to border of the city with private enterprises developed. Plenty of the people like employment at non-agricultural sectors. Average income from farmland is less than 30%. Based on master plan of Jinnan District, the village will be integrated into Shuanggang Town. Although the impact is relatively big, life of the people there will not be affected seriously. Wastewater pump station shall occupy a rice field of Beimaji Village for 2.25 mu. As the village has got relatively large farmland and the land to be occupied is only a - 30 - Second Tianjin Urban Development and Environment Project-RAP Report small proportion. The village is capable to deal with the fanners who shall lose the land so that the life shall not be affected. * Dagu Canal improvement 60 mu of fish pound of Lubeikou, Dasi Town Xiqing District shall be occupied. The fish pound is contracted by a family of 4 people. Reduced income of the family shall be compensated by cash of high standard without strong influence. The wasteland belongs to Dahanzhuang Jinnan District. It was the place for earth of a brick producer. Now the production of bricks stopped and it became a pit. The last piece of wasteland belongs to Dengcenzi of Gegu town Jinnan district. The land is about 500 mu, of which 60 mu shall be requisited. The land is idle for quite a long time and land acquisition will not impact any of the farmers. * Water reuse of Dongjiao WWTP 22.5 mu of land shall be occupied. The land is rice field of Limingzhuang of Dongli District. Each of the villagers owns 2fen of the land. Committee of the village will find another piece of land for the same usage without strong impact. 4.1.2 Temporary occupation by the project Temporary occupation by the project includes road way to lay pipeline for Nanbeicang drainage, Fukanglu drainage and Nanjiaowai drainage totaling to 2,657,000 square meters. 147,000 square meters of state-owned land and 2.51 million square meters of collective land shall be temporarily occupied. A, Temporary occupation of state-owned land 147,000 square meters of state-owned land shall be occupied as following table: Order Project Occupied Cusage Remarks 1 Nanbeicang drainage 34293 Road 2 Fukanglu drainage 55883 Road 3 Nanjiaowai drainage 56515 road 4 total 146691 B, Temporary occupation of collective land Temporary occupation of collective land totals 2.64 million square meters. -31- Second Tianjin Urban Development and Environment Project-RAP Report Or Project Future land occupied occupied Current Obtaining der use land use mode Landfill 40020 60 Fish pond traPnsdfer Dagu canal Landfill 46690 70 Abandoned Paid I improveme land transfer nt Landfill 46690 70 Wasteland transfer Total 133400 200 2 Total 133400 200 Construction of Nanbeicang drainage project shall occupy some passage in the field for 2 km and 9000m2, 13.5 mu of Beicang Brigade for 4 months. Dagu Canal works shall occupy both banks for 10 m each for temporary sludge stacking. The bank area to be occupied is 3756 mu, about 2505252 mi2. The 3 landfills will occupy 200 mu, about 133,400 m2 of collective lands for 3 years. The 60 mu of fishpond to be occupied by the project belongs to Lubeikou village of Xiqing District, and is currently contracted by a farmer family of 4 people. The proposed occupation will reduce its income, but the relatively high compensation will help the family to minimize the negative impact. The abandoned land to be occupied belongs to Dahanzhuang village of Jinnan District. And the 60 mu of wasteland to be occupied belongs to Dechenzi village of Jinnan District. The occupation of the 2 pieces of land will do no impact to the villagers' life. 4.2 Houses affected by project 4.2.lResidential houses affected The components that need to pull down some houses are: jinzhonghe interchange and Nanjiaowai drainage. Based on investigation, altogether 1,717 m2 of residential houses shall be pulled down, mostly private houses, of which 1,682m2 is for Jinzhonghe and 35m2 for Nanjiaowai drainage. Some 275 residents of 86 households will be affected, see the following table: - 32 - Second Tianjin Urban Development and Environment Project-RAP Report Area to Type of People of which: weak Project bepuedown houses Household affected group Jinzhonghe interchange 1,682 Bungalow 81 265 0 Nanjiaowai drainage 35 Bungalow 5 10 0 Total 1717 86 275 0 The houses to be pulled down were built up during 1960s - 1970s with small living space, poor surrounding and utility supply. Based on investigation, most people hope for compensation to move into new blocks and improvement of environment. 4.2.2 Public buildings affected Components with non-residential houses to be pulled down are: Jinzhonghe interchange, and Nanjiaowai drainage totaling 6,795 mi2. Order Project Agency numbers Area (M2) Affected people 1 Jinzhonghe interchange 46 2129 170 2 Nanjiaowai drainage 14 4666 100 3 Total 60 6795 270 All the enterprises and agencies within right of way have been registered one by one. It is found that 307 staff will be affected. List of the agencies to be moved is described in detail in Chapter 8. -33 - Second Tianjin Urban Development and Environment Project-RAP Report 5 Organization 5.lRelated organization for resettlement Organizations responsible for planning, management, implementation and supervision of resettlement action during implementation are: Project leading group Tianjin World Bank Project Management Office (PMO) Tianjin Municipal Engineering Bureau (TMEB) Tianjin Municipal Engineering Construction Company (TMECC) Related County or District Construction Commission Tianjin Municipal Engineering Design Institute (TMEDI) Tianjin International Engineering Consulting Corporation (TIECC) External independent supervisor and estimator -- The Institute of Public Will Study of Tianjin Academy of Social Sciences Project Leading Group: TMG deputy mayor in charge of urban construction as the chief, director of TURCC and deputy Secretary general of TMG as the deputy chiefs. The group consists of major leaders of TURCC, Tianjin Planning Commission, Tianjin Finance Bureau, Tianjin Planning Bureau, Tianjin Water Conservancy Bureau, Tianjin Environment Protection Bureau, Tianjin Houses Management Bureau, Tianjin Municipal Engineering Bureau, Tianjin Traffic Management Bureau and head quarter of Tianjin Public Transportation Group. The Group shall make decision on policies for resettlement action. Tianjin Urban Construction Commission: under which the Project Management Office is a standing agency responsible for preparation of the project, and communication between the World Bank and related Tianjin agencies. Other departments include Planning Dept. and Urban Construction Dept which are responsible for capital organizing and implementation . Tianjin Municipal Engineering Bureau: a management agency for urban infrastructure in Tianjin, trusted by TURCC to manage the project, communicate with district's or county's construction commission, coordinate policies, plans and implementation for the project, offer guidelines for resettlement. Tianjin Municipal Construction Company: owner of the Project, responsible for the early preparation and implementation, decide the time to start up, supervise the progress of resettlement, confirm actual effort of resettlement, supervise the release of subsidy and - 34 - Second Tianjin Urban Development and Environment Project-RAP Report implement internal monitoring. Related district's or county's construction commission: trusted by TURCC and Tianjin Municipal Engineering Bureau for the responsibility to organize and arrange implementation of the resettlement within their jurisdiction, deal with complaints and punish those who break rules and regulations. Resettlement offices of the district or county: implement the resettlement, family investigation, define property right, issue subsidy, offer optional space for settlement and assist moving. Tianjin Municipal Engineering Design Institute: offer project design and construction scheme, define scope of resettlement. Tianjin International Engineering Consulting Corporation: organize related agencies for investigation on site and develop reports. 5.2 Organization Chart Leading group of city 1-' 'TRC TMB <_ |Related district or county Related district' or county's construction commrission Resettlement office Design institutel I Families to be resettled 5.3 Staffing for the organization To ensure a smooth resettlement, strong work force is organized for related management institute, implementation agencies, agencies for investigation on moving and report developing and independent supervision agencies; tools for communication and traffic and - 35 - Second Tianjin Urban Development and Environment Project-RAP Report office equipment is equipped for them, proper communication channels are formed between institutes and agencies. New problems and situation may be discussed by the highest level of leading group on time. Policies and measures may be implemented by the staff in front. High quality and strong capability of the work force ensures efficiency of resettlement and the carrying out of policies and an important guarantee to finish the resettlement in a short time. Staffing for related agencies is as follows: Agency for Number Composition Start up resettlement of staff Leading group 13 High and middle level government officials May, 2001 TURCC 5 Project management and government officials Jan. 1998 TMEB 4 Technicians, management and government officials Jan.1998 TMECC 4 Technicians and management Jan.1998 Related district or county construction - Government officials April 2002 commission Related district or county resettlement - Government officials and staff April 2002 office TMEDI 13 Technicians and economists March 1998 TIECC 16 Resettlement experts, technicians, economists, law Ma 2001 advisers, staff for social economic survey Y The Institute of Public Will Study of Tianjin 5 Sociologists and economists as well as computer staff June,2002 Academy of Social Sciences 5.4 Functions for agencies 5.4.1 Leading Group of the City Guide, organize and coordinate the project, develop policies, examine plan for resettlement, supervise internally, make decisions on important problems for resettlement. 5.4.2 TURCC (Including PMO, planning department and urban construction department etc) Implement decisions make by leading group Organize implementation and push project forward Develop plan and policies for resettlement Develop program for land requisition and resettlement, and compensation principles for approval Organize the development of resettlement action plan -36 - Second Tianjin Urban Development and Environment Project-RAP Report Guide, coordinate and supervise RAP and the progress Allocate capital and supervise capital utilization Organize internal supervision and coordinate external supervision Examine supervision report Deal with contradiction and problem during implementation Report to the leading group on land requisition and resettlement Report regularly to the World Bank on progress of land requisition and resettlement, capital utilization and quality of implementation 5.4.3 TMEB Define the time for implementation Implement national policy and regulations on land management for construction Apply for licenses for land planning and construction Go through all the formalities for land using approval Survey and guide RAP in related districts and counties, check progress and actual amount of moving Offer information for the moving and resettlement Coordinate dealing with contradictions and problems during implementation Report to PMO on land requisition and RAP 5.4.4 TMECC Organize implementation of the project, consign the design and the development of RAP report Define and coordinate implementation of RAP as scheduled Coordinate work for district's or county's construction commission and arrange progress Supervise the amount of moving Train the staff Report to PMO on land requisition and RAP Organize public participation 5.4.5 Related construction commission of district or county Participate in the development of RAP Implement RAP within their own scope by policies - 37 - Second Tianjin Urban Development and Environment Project-RAP Report Array RAP Train the staff Receive capital for moving allocated by TURCC Appropriate funds to resettlement office based on progress Coordinate and deal with contradictions and problems during implementation Deal with illegal actions during moving and enforce administrative penalties Report to PMO on land requisition and RAP 5.4.6 Resettlement Office in related district or county Go to individual home to check the area and certificates Collect related document and information for a submission to resettlement office of the City and get the moving license Issue public notice, organize public discussion and propagandize policies on land requisition and resettlement Sign agreement with households and agencies to be moved Issue subsidy to the households to be moved according to standard Provide introduction on optional places for the households to be moved Reflect opinions and suggestions to the leading agencies Assist the households for moving Manage information on land requisition and RAP activities 5.4.7 Tianjin Municipal Design Institute Offer the design and construction drawings Define the scope affected by moving 5.4.8 TIECC Design investigation scheme Train the staff Organize and implement social economic survey on site Register the actual land requisition and moving to get information Design a mode for public participation Offer a detailed investigation -38 - Second Tianjin Urban Development and Environment Project-RAP Report Finish the design of settlement scheme in collaboration with related agencies Develop RAP 5.4.9 Institute of Public Will Study of Tianjin Academy of Social Sciences Make an overall supervision on implementation of RAP Confirm the result of census on situation before RAP Submit regularly supervision report to the World Bank and TURCC Post evaluation of social economic impact after RAP Find out problems for resettlement actions and report to related agencies 5.5 Actions to strengthen the institutes PMO of TURCC organized the resettlement during the period for the first World Bank loan and knows well about policies of the World Bank and laws and regulations in out country for resettlement. To finish the projects for the second World Bank loan, the following actions shall be taken to strengthen institutional construction and level of staff. * Leading group of the City shall hold meetings regularly and irregularly to solve the practical problems, put forward policies for solution, examine progress for RAP report development and the reports. * Train staff from related organizations on business, explain resettlement policies of the World Bank and knowledge on laws and analyze cases to improve quality and capability of the staff The training is divided into three levels. First, staff and supervisors from TURCC, TMEB and construction commissions of related districts and counties shall be trained by the World Bank officials; secondly, the trainee shall train the staff of resettlement offices in related districts and counties and then those staff shall train the executive staff. * Invite experienced scholars of sociology, economy and law to join the team. * Set up complete information system and files for the people affected. * Guarantee availability of the capital * Allocate sufficient equipment and staff to ensure smooth progress and improve efficiency and capability to deal with sudden events. * Strengthen internal supervision, practice report system and report problems on time. * Strengthen independent supervision and evaluation, set up unobstructed information - 39. Second Tianjin Urban Development and Envir.onment Project-RAP Report channel, discuss and solve problems as soon as possible. Training Plan Time Content Trainee Organizer Expense Introduction to resettlement Staff from PMO, TMEB PMO and 2002.9 policies, laws and regulations. and district/count) TPECC 2 construction commission Institute of Public Will PMO and 2002.9 Training of External supervisors Study of Tianjin Academy TIECC of Social Sciences Introduction on RAP and Staff from PMO, TMEB, PMO and 2002.9 related policy; discussion on and district/ county TME d3 resettlement measure construction commission TEECC Site survey and study visit oM 2002.10 experience of projec PMO,TEMB PMO and 6 resettlement of other cities EC X Discuss problems during an( Staff from PMO, TMEB, PMO and 2003.5 sharing experiences from th and district/ county T4 resettlement construction commission TECC Tianjin International Engineering Consulting Corporation has experienced more than 10 years for the projects of the World Bank and ADB. It has been involved in developing RAP for times, especially the recent RAP for Beicang WWTP by ADB loan. There are experienced specialists who know very well about resettlement requirement of the World Bank and ADB, and other specialists on transportation, drainage, economy and law in the Corporation. TIECC has organized strong team for investigation consisting of specialists and university students with a ration of 1:10. They will work under special guidance to finish tasks and filing for the investigation. -40 - Second Tianjin Urban Development and Environment Project-RAP Report 6 Laws Frame 6.1 Main laws and policies for the basis of the resettlement * Land Management Law of PRC (January 1999) * Civil Real Estate Management Law of PRC (January 1995) * Dismantling and Moving Management Statute of Civil Houses of PRC (December 2001) * Land Management Statute of Tianjin (September 2000) * Detailed Rules of Tianjin on Implementing Dismantling and Moving Management Statute of Urban Houses (May 1995) * Involuntary Resettlement Operational Policy of the World Bank (OP4. 12) * Involuntary Resettlement Business Procedure of the World Bank (BP4. 12) 6.2 Related Terms of World Bank The objective of the resettlement policy of World Bank is to ensure that the immigrants arose by the project can benefit from the project. The settlement of the non-voluntary immigrant is an integral part involved in the project and shall be carried out from the preliminary stage of the project preparation in conjunction with the following policies. 1. Non-voluntary immigrant shall be avoided or minimized as far as possible in the possible range. All the practical alternatives shall be considered. For example, the relining of road and reduction of the dam height can all dramatically reduce the number of immigrant. 2. While population moving is unavoidable, an immigration settlement plan shall be made. The settlement of all non-voluntary immigrants shall be conceived and implemented as a development project. The immigrants shall be provided with sufficient fund and opportunities of benefiting from the projects. The immigrants must: Get all the expenses necessary for their resettlement that could compensate for their losses before physical moving. Get help in the moving process and the transition period of the settlement area. - 41 - Second Tianjin Urban Development and Environment Project-RAP Report Get support on raising or at least maintaining their previous living standard, income ability and production levels. Special attention shall be paid to the requirement of the poorest people in the immigrants. 3. The people shall be encouraged to be involved in the process of planning and implementation of the resettlement. Appropriate social organization shall be formed and the present social and cultural organizations existing in the immigrants and the initial residents of the settlement area shall be supported and used as far as possible. 4. The immigrants shall be well integrated with the residents of the settlement area in the social and economic perspective so that the adverse influence on the residents of the settlement area could be reduced. The best way of such integration is to settle the immigrants in the area where benefit is obtained from the project and the present residents of the settlement area shall be consulted with in advance. 5. Land, housing, infrastructure and other compensations shall be provided to the people, aboriginal, people of the minorities and pasturing area that are adversely affected by the project. Such a group has the right of sharing or traditionally using the farming land or other resources occupied by the project. Although no legal land using right possessed, the above people shall get appropriate compensation. 6.3 Related regulations of Land Management Law of PRC (came to effect as of Jan. 1, 1999): Clause 2 The state can acquire the collective owned land as per law to the need of the public benefit. The state shall occupy the state owned land on condition of. compensation based on the related laws and regulations except the transfer of using right of state owned land within the legal range. Clause 44 Where the farming land is converted to the construction land in the project land occupation process, authorization procedures shall be gone through for the conversion of farming land. For the road project, piping project and major infrastructure project approved by - 42 - Second Tianjin Urban Development and Environment Project-RAP Report the government of province, autonomous region or the cities directly under the control of central government and the construction project approved by the Sate Council, the State Council is to approve the conversion of farming land to the construction land. Clause 45 Confiscation of the following land shall be approved by the State Council: 1. Basic farming land 2. Farming land other than basic land more than 35ha; 3. Other land more than 70ha. Confiscation of land below the above range shall be approved by the people's government of the province, autonomous region or the city directly under the control of central government, and shall be reported to State Council for filing. Clause 46 Confiscation of land by the state, approved as per legal procedure, shall be announced and organized for implementation by the local people's government above county level. The owner and user of the land being acquired shall conduct land confiscation compensation registration in the local people's government within the time frame specified in the announcement, holding the land ownership certificate Clause 47 Compensation shall be determined as per the original application purpose of the land before it is acquired. The compensation for the farming land confiscation includes land compensation, settlement subsidy fee and compensation for the above ground attachment and green plants. The land compensation for farming land confiscation is six to ten times of the average annual output of the last three years before confiscation. The settlement subsidy fee for farming land confiscation is calculated as per the rural population who need settlement. The number of rural population to be settled is calculated through dividing the average quantity of land owned per person in the organization before confiscation by the total quantity of farming land to be acquired. The settlement subsidy fee of every rural person who needs settlement shall at most not exceed fifteen times of the average annual output in the last three years before confiscation. - 43 - Second Tianjin Urban Development and Environment Project-RAP Report The standard of the land compensation and settlement subsidy fee for confiscation of other lands is determined by the province, autonomous region and city directly under the control of central government in accordance with the land compensation and settlement subsidy fee for farming land confiscation. The compensation standard for the above ground attachment and green plant on the land to be acquired is determined by the province, autonomous area and city directly under the control of central government. For the confiscation of vegetable land in the suburb of the cities, the land using unit shall pay for the development and construction fee for new vegetable land as per relevant state regulations. When the previous living standard of the farmers could not be maintained at the land compensation and settlement subsidy fee defined in Article 2 of this clause, the settlement subsidy fee can be increased upon the approval of the people's government of the province, autonomous region and the city directly under the control of central government. However, the sum of land compensation and the settlement subsidy fee shall not exceed thirty times of the average annual output of the last three years before it is acquired. Clause 48 The related local government shall make a public announcement after the con- fiscation compensation and settlement plan is determined, at the same time listening to the comments of the rural collective economic organizations and farmers to be acquired. Clause 49 The acquired rural collective economic organization shall announce the income and expenditure situation of the compensation of the acquired land to the members of the organization and shall accept supervision from all the members. It is forbidden to occupy privately or transfer the confiscation compensation and other relevant fees to other uses. Clause 57 Temporary use of state owned land or farmers collective owned land for the project construction and land survey shall be approved by the land administration department of the people's government above county level, among which, the temporary land use within the urban planning area shall be agreed upon by the - 44 - Second Tianjin Urban Development and Environment Project-RAP Report relevant urban planning administration department before submitting for authorization. The land user shall sign a temporary land use contract as per the land ownership with the relevant land administration department or rural collective economic organization and farmers committee, and pay for the temporary land using compensation as per the contract agreement. The temporary land user shall use land as per the application purpose as specified in the temporary land use contract and shall not build permanent buildings. The duration of temporary land use is generally not more than two years. 6.4 Related regulations of Urban Real Estate Management Law of PRC: The transfer of land using right is the behavior of delivering the land to the land user to use after the compensation and settlement fee are paid for or free of charge, after the approval of the people's government above county level. If really mandatory, the land using right for the land use of the following constructions can be transferred after the approval of the people's government above county level: land used for city infrastructure, land used for public benefit project and key energy, water supply and water conservancy projects supported by the state. 6.5 Relevant regulations of Dismantling and Moving Management Statute of Urban Houses of PRC: Clause 4 The settlement office shall give compensation and settlement to the agent, enter- prise and individual to be settled as per the regulations of this Statute. The agent, enterprise and individual to be settled shall finish moving within the specified moving time frame. The settlement office referred to in this Statute is the unit who obtained the houses dismantling and moving permit. The agent, enterprise and individual to be settled referred to in this Statute is the owner of the houses to be dismantled and moved. Clause 13 The settlement office and agent, enterprise and individual to be settled shall sign a moving compensation and settlement agreement on the compensation way and - 45 - Second Tianjin Urban Development and Environment Project-RAP Report amount, area of houses as settlement and the location, moving time limit, moving transition way and transition time limit, etc. For moving of houses on rent, the settlement office shall sign a moving compensation and settlement agreement with the agent, enterprise and individual to be settled and the lease holder. Clause 16 If the settlement office and the agent, enterprise and individual to be settled or the settlement office, agent, enterprise and individual to be settled and lease holder can not reach a moving compensation and settlement agreement, it can be arbitrated by the houses moving management department upon application of the party (parties). If the houses moving management department is the agent, enterprise and individual to be settled, it is for people's government of the same level for arbitration. Arbitration decision shall be made within 30 days after the date of receiving the application. If the party defies the arbitration decision, the party can indict to the people's court within three months after the arbitration letter is delivered. If the settlement office has provided the agent, enterprise and individual to be settled with currency compensation or with moving settlement house and transition house as per the regulations of this Statute, execution of the moving does not cease in the accusation period. Clause 22 The settlement office shall give compensation to the agent, enterprise and individual to be settled as per the regulations of this Statute. Clause 23 The way of moving compensation can be currency compensation or exchange of property right of the houses. Except for the regulations of Article 2 of Clause 25 and Article 2 of Clause 27, the agent, enterprise and individual to be settled can select the moving compensation method. Clause 24 The amount of currency compensation is determined by the evaluation price of the real estate market as the location, purpose and building area of the houses to be moved. The detailed method is to be formulated by the people's government of the - 46 - Second Tianjin Urban Development and Environment Project-RAP Report province, autonomous region and city directly under the control of central government. Clause 25 For exchange of the property right of the houses, the settlement office and agent, enterprise and individual to be settled shall calculate the compensation amount of the house to be moved and the price of the house to be exchanged to as per the regulations of Clause 24 of this Statute, and settle the price difference of the property exchange. For dismantling and moving of the attachment of the non-public-benefit houses, property exchange cannot be carried out, the settlement office shall give currency compensation. Clause 26 For dismantling and moving of the houses for public uses, the settlement office shall rebuild or give currency compensation as per the relevant regulations of laws and statutes and the requirements of the city planning. Clause 27 For moving of houses on lease, the settlement office shall give compensation to the agent, enterprise and individual to be settled when the agent, enterprise and individual to be settled relieved the lease relationships with the lease holder or when the agent, enterprise and individual to be settled carries out settlement to the lease holder. If the agent, enterprise and individual to be settled and the lease holder can not reach an agreement on relieving lease relationship, the settlement office shall conduct property exchange of houses to the agent, enterprise and individual to be settled. The house after property exchange is rented by the original lease holder. The agent, enterprise and individual to be settled and the original lease holder shall sign a new house lease contract. Clause 29 For the moving of houses of which the property right is not clear, the settlement office shall propose a compensation and settlement solution and report to house moving management department for authorization before dismantling and moving. Before moving, the settlement office shall carry out evidence preservation to the notarization department on the relevant issues of the houses to be moved. - 47 - Second Tianjin Urban Development and Environment Project-RAP Report Clause 31 The settlement office shall pay the agent, enterprise and individual to be settled or lease holder for the moving subsidy fee. In the transition period, if the agent, enterprise and individual to be settled or lease holder arrange housing themselves, the settlement office shall pay them for the temporary settlement subsidy fee. If the agent, enterprise and individual to be settled or lease holder use the transition houses provided by the settlement office, the settlement office will not pay for the temporary settlement subsidy fee. The standard of the moving subsidy fee and the temporary settlement subsidy fee is to be defined by the people's government of the province, autonomous region or the city directly under the control of the central government. Clause 32 The settlement office shall not prolong the transition period without any authorization. The user of the transition houses shall empty it as per the specified time. If the transition period is prolonged due to the responsibilities of the settlement office, the settlement office shall increase the temporary settlement subsidy fee to the agent, enterprise and individual to be settled or lease holder who arranged their housing alone from the month of exceeding the time limit. For the user of the transition houses, the settlement office shall pay for the temporary settlement subsidy fee from the month of exceeding the time limit. Clause 33 For moving of non-residential houses that caused production and business stop, the settlement office shall give appropriate compensation. 6.6 Related Regulation of Land Management Statute of Tianjin Clause 24 Authorization of the land used for construction shall be carried out as per the following procedures: 1. During feasibility study period of the construction project, the land administration department shall give a review comment as per the annual land utilization plan and issue a preliminary review report on the land use for the construction project. -48 - Second Tianjin Urban Development and Environment Project-RAP Report 2. The construction unit applies for construction land to the district or county land administration department with the relevant approving documents of the project. The district and county land administration department can respectively make a farming land conversion solution, land confiscation solution, farming land supplementation solution and land provision solution as per different situations. The solutions shall be reported to the city land administration department for review and then reported to the people's government of the city or State Council for approval. 3. After the farming land conversion solution, land confiscation solution, farming land supplementation solution and land provision land are approved, the city or district, county government shall issue construction land approval to the construction unit. 4. The city or district and county land administration department will review the actual area of land used and the ownership as per boundary of the construction project and sign the use-upon-consideration contract or issue the transfer decision of the state owned land with the land user. Clause 25 If collective owned land is acquired for the construction project, the land using unit shall pay the acquired unit for the compensation as per the following regulations: 1. The land compensation is calculated as per ten times of the average annual production value of the last three years before the land is acquired. But for the land used for the city public benefit construction, it is calculated as per six times of the average annual production value of the last three years before the land is acquired. 2. The green plant compensation is calculated as per the average annual production value of the last three years before the farming. land is acquired. 3. The compensation for the above ground attachment is calculated as per the standard defined by the land administration department and the relevant other departments. 4. The settlement subsidy fee is calculated as per the number of rural population that needs settlement. The settlement subsidy fee of every rural person requiring settlement is the six times of the average annual production value per person in the last three years before the land is acquired. However, the - 49 -. Second Tianjin Urban Development and Environment Project-RAP Report settlement subsidy fee of the acquired land per hectare is at most not more than fifteen times of the average annual production value of the last three years before the land is acquired. The crops planted and ground attachment built after the announcement of land confiscation by the city or district and county government will not be compensated for. If the initial living standard of the farmers requiring settlement cannot be maintained while paying for the land compensation and settlement subsidy fee as per Article 1 of this clause, settlement subsidy fee can be increased after approval of municipal government. However, the sum of land compensation and settlement subsidy fee shall not exceed thirty times of the average annual output of the last three years before land is acquired. Clause 26 The average annual output in the last three years before the land is acquired shall be calculated as per the following methods: 1. The municipal land administration department will check and ratify the standard of the average annual output of the last years for all kinds of land every year in conjunction with the municipal statistics bureau, price bureau and other agricultural administration department and make announcement to the society. 2. The district and county land administration department can determine the average annual output of last three years before confiscation as per the previous ratification within the range of plus and minus twenty per cent according to the detailed conditions of the acquired land and the growing situation of the crops. Clause 27 For the road land between the center line of the planned road, which is adjacent to the construction land, and the construction land, and other disposal land outside the border that can not be used for farming, the land using unit shall pay for the confiscation compensation. For the disposal land outside the border that cannot be used for farming, the original unit who paid for the confiscation compensation shall be compensated for. The disposal land outside the border is to be managed by the district or county .50 - Second Tianjin Urban Development and Environment Project-RAP Report land administration department. Any unit or individual shall not invade and occupy it. 6.7 Related regulations of Detailed Rules of Tianjin on Implementing Dismantling and Moving Management Statute of Urban Houses Clause 20 Within the time limit announced by the house moving administration department, the settlement office and the agent, enterprise and individual to be settled shall sign a written agreement on compensation and settlement as per the regulations of these detailed rules. The compensation and settlement agreement shall specify the compensation way and compensation amount, the area of the settlement house, settlement location, transition way and transition time limit, breach responsibility and other clauses deemed necessary by the parties. Clause 28 The settlement office shall give compensation to the owner (including the agent and the state authorized manager of the state owned house and its attachment) of the houses to be dismantled and the attachment as per the regulations of the detailed rules. Compensation will not be given to the dismantling of illegal buildings and temporary buildings that are beyond the approval limit. Appropriate compensation will be given to the dismantling of temporary buildings that are not beyond the approval limit. Clause 29 The dismantling and moving compensation takes the form of property exchange and pricing compensation or the combination of property exchange and pricing compensation. The area of the property exchange is calculated as per the.building area of the dismantled house. The amount of pricing compensation is the new settlement in consideration of the repurchasing price as per the building area of the dismantled houses. Clause 30 For the dismantling of houses and attachment for the public benefit purpose, the resettlement office shall rebuild it as per the original nature and the original scale. If it can not be rebuilt in the original place due to the planning requirement, the -51 - Second Tianjin Urban Development and Environment Project-RAP Report resettlement office shall give compensation as per the repurchasing price or subject to the general arrangement of the municipal, district (county) government. The resettlement office shall give proper pricing compensation for the dismantling of attachment of non-public benefit houses. Clause 33 If pricing compensation is taken for the dismantling of private houses, compensation shall be carried out in accordance with the compensation method defined in these detailed rules. The compensation amount shall be distributed to the owner of the dismantled house. Clause 37 The resettlement office shall carry out settlement to the user of the dismantled houses that should be settled as per these detailed rules. The user of the dismantled houses refers to the citizens who have the house lease relationships in the dismantling range, owner of the private houses and the institutions, groups, enterprises and agents who have the business license or use the dismantled houses as the official office in the dismantling range. Clause 38 The settlement location of the users shall be determined according to the requirement of the city planning on construction area and the nature of the construction project, and in the principle of benefiting the city planning and refurbishment of the old urban districts. For the dismantling of non residential house that has regional function and is closely linked to the daily life of the people such as grains, coal, non staple food, drinks, culture and education and sanitation, if it is required to settle in the original place as per planning requirement, it has to be settled in the original place. Clause 39 For dismantling the non-residential house, if settled in the original place or where it is close to the original place, the settlement is as per the original building area. If settlement in the original place or close to the original place is not applicable as per the planning requirement, the settlement area can be appropriately increased when moving from the better area to the remote location of poorer area. Clause 40 Settlement shall be carried out in accordance with the following regulations for the - 52 - Second Tianjin Urban Development and Environment Project-RAP Report dismantling of residential buildings: 1. If settled in the original place or close to the original place, determine the type of settlement house as per the area of the original house and calculate the house improvement fee as per the using area of the original house. For the increased using area in the new settlement houses that happens naturally, the user of the dismantled house shall pay for the house improvement fee as per 25% of the pricing of construction and installation project. 2. If settled in another place as per the planning requirement, the settlement area can be appropriately increased to the user of the dismantled houses who move from the better locations to poorer locations. For the user of the dismantled houses who is willing to reduce the settlement area on their own, the settlement office can give reward as per the pricing of the reduced area of the construction and installation project. Clause 41 The work unit of the settled household shall bear the fund raising and refurbishment fee as per the regulations, which is 30% of the construction and installation pricing of the building area of the new houses settled for their staff. Clause 42 The house improvement fee actual paid by the settled household shall record the amount paid. While buying this house, it can offset the house buying amount as per the regulations. Clause 43 Without the approval of the municipal government, the settlement office cannot charge any building expense other than house improvement fee and fund raising and refurbishment fee from the user of the dismantled houses and unit of the user. Clause 44 The using area of the original house called in the detailed rules is calculated with the following method: 1. If using area is recorded on the house lease contract or ownership certificate, the recorded using area will be taken as the right using area. 2. If using area is not recorded on the house lease contract or ownership certificate, the using area is the original living area multiplied by a factor. If the 53 - Second Tianjin Urban Development and Environment Project-RAP Report settled house has two bedrooms and one living room, the factor is 1.3. If the settled house has three bedrooms and one living room, the factor is 1.2. If the using area resulted from original living area multiplied by the factor is less than the actual living area of the original house, it shall be calculated as per the actual using area of the original house. If the using area resulted from original living area multiplied by the factor is more than the actual using area of the original house, it shall be calculated as per the using area resulted from original living area multiplied by the factor. Clause 45 If the settlement house can not be resolved one time, the transition period shall be specified in the agreement. The user can arrange temporary transition alone. If it is really difficult for the user to arrange temporary transition, the settlement office can provide turnover house for temporary transition. The temporary transition and turnover house shall have normal living conditions and basic living facilities. The transition period is calculated from the moving completion day announced in the dismantling and moving announcement, which is 18 months for multi-level residential buildings, 24 months for multi-level building to 16-floor residential buildings, 30 months for 17-floor to 24-floor residential buildings. For above 25- floor residential buildings and non-residential buildings, it will be subject to the construction time quota defined by the construction management department. Clause 46 Within the transition period defined in the agreement, the settlement office shall distribute settlement subsidy fee to the user who arranges their temporary transition on their own. The fee shall be not less than 5ORMB per family and per month. The temporary settlement subsidy fee starts from the day of moving and ceases on the day of final settlement. Clause 47 If the settlement office provides the turnover house for settlement transition, no temporary settlement subsidy fee has to be distributed. While using the turnover houses, the user shall pay for the rent as per the current rent standard of public houses of our city. The part beyond the current rent standard of public houses shall be borne by the settlement office. - 54 - Second Tianjin Urban Development and Environment Project-RAP Report Clause 48 If the user moves their house due to house dismantling, the settlement office shall pay for subsidy fee and the work unit of the staff shall give three paid days off. Clause 49 If the user of the residential house moves due to dismantling, the settlement office shall pay one time off moving subsidy. The moving subsidy fee per family shall not be less than 200RMB. If the user of the residential house moves within the specified moving period, the settlement office can give an award to the user considering the advanced days. Clause 50 The settlement office and the user of the dismantled house shall abide by the agreement of the transition period. The settlement office shall not prolong the transition period without authorization. If the user of the dismantled house uses the turnover house provided by the settlement office, the user shall not refuse to move to the final settled house and empty the turnover house. Clause 51 If the transition period of the user of the dismantled house is prolonged due to the responsibility of the settlement office, temporary settlement subsidy fee shall be properly increased to the user of dismantled houses who arranged the housing alone from the month of exceeding the time limit and temporary settlement subsidy fee shall be paid for to the user of dismantled houses who use the turnover houses provided by the settlement office from the month of exceeding the time limit. Clause 52 For dismantling of non residential houses and the economic losses caused by the production and business stopping, the settlement office shall give an appropriate subsidy at one time as per the following items within the specified transition period: 1. The staff salary subsidy fee is calculated as 60% of the monthly average salary of the last year of our city. 2. The moving subsidy fee is calculated as per the actual expenses of moving and dismantling of equipment. Clause 53 For dismantling of non residential houses, if the user of the original house settles - 55 - Second Tianjin Urban Development and Environment Project-RAP Report down alone, the settlement office can give an appropriate subsidy at one time (including economic losses in production and business stopping period caused by dismantling and moving). Clause 57 If the municipal public infrastructure has to be dismantled, relocation settlement shall be done. For dismantling of non-residential house, only give economic compensation to the buildings dismantled at one time. Check and cancel the property right of the houses as per the following regulations: The public houses directly under the control of the city are to be reported to the municipal government for cancellation by the municipal houses management department. Other public property houses are to be reported by the agent or enterprise to be settled to their superior department for cancellation approval. The compensation and settlement standard and way of the dismantled buildings of the municipal public infrastructure will be carried out in accordance with the relevant regulations of municipal construction administration department. Clause 58 For the dismantling of the municipal public infrastructure, only compensate for its current situation. The part of rebuilding and capacity increase is all the responsibility of the facility management department. Clause 59 For the dismantling of the municipal public infrastructure, the agent to be settled and its superior management department must follow the need of construction and complete moving within the specified period. The dismantling of the municipal construction is carried out in the principle of dismantling and empting the place first and resolving the dispute later. Clause 60 Within the dismantling and moving time limit specified in the moving announce- ment or decided in the arbitration, if the agent, enterprise or individual who have to move refuse to move without justified reasons, the district and county government can entrust the relevant department to dismantle and move by force. 6.8 Resettlement policy of this project - 56 - Second Tianjin Urban Development and Environment Project-RAP Report The land and other properties are occupied because of the project that leads to: (1) move or lose the house; (2) lose the property or the use of property; (3) lose the source of income or means of living (no matter whether moving is necessary). This part is all the people who are directly affected by the project economically and socially. The resettlement carried out for this project is made in accordance with the relevant resettlement policies of PRC, Tianjin People's Government and the World Bank. The objective of the resettlement policy of the World Bank is to ensure that the immigrants raised by the project could benefit from the project and could get support on increasing or at least maintaining their current living standard, income capability and production situation. Special attention shall be paid to the very poor population in the immigrants. The policies and codes of our country on project resettlement come in line with the objective of the resettlement of the World Bank. To ensure the consistency of these policies and immigrant objectives any major changes (For example, conditions for compensation entitlement, increase or decrease the compensation standard, restrict or reduce the help to the affected people) shall be carried out after the agreement of both parties. - 57 - Second Tianjin Urban Development and Environment Project-RAP Report 7 Compensation Standard 7.1 Qualification for Compensation All the legal buildings and land owners affected by the project shall be compensated or assisted. The affected people refer to those who will lose either houses or lands due to the project and the life and living standard of whom will be affected thereof. Resettlement office of TURCC shall issue notice for moving, the people to be resettled, scope and deadline for moving within 3 days from the day when moving license is issued and notify related agencies the following operation should be stopped during moving period in writing: (O The issuing of business license for the operation in the houses to be pulled down (
Groupe de la Banque mondiale · Resettlement Plan
China - Second Tianjin Urban Development and Environment Project : resettlement action plan (Vol. 2 of 2) : Report on resettlement action plan
Voir le document original
Le texte intégral est hébergé par l’organisation qui le publie. lawenc.com indexe les métadonnées et renvoie vers la source officielle.
Texte intégral
Informations clés
Organisation
Groupe de la Banque mondiale
Type de document
Resettlement Plan
Pays
Chine
Source
Banque mondiale