RP1 56 Volume 1 Resettlement Action Plan of Environment Improvement Project of Cicheng Town in Jiangbei District of Ningbo City (The 5th Edition) Ningbo Urban Infrastructure Development Office May, 2003 CONTENTS 1 INTRODUCTION ................ 1 1.1 BRIEF DESCRIPTION OF PROJECT. 1 1.2 AREAS AFFECTED AND BENEFIT BY THE PROJECT.3 1.3 THE SOcIAL ECONOMIC STATUS OF PROJECT AREA. 6 1.4 DESIGN STAGE. 7 1.5 TOTAL INVESTMENT AND CAPITAL SOURCE. 7 1.6 MEASURES FOR REDUCING PROJECT IMPACTS. 7 2 PROJECT IMPACTS . . 9 2.1 PERMANENT LAND ACQISITION AND TEMPORARY LAND OCCUPATION . 10 2.2 HOUSE DEMOLITION. 1 0 2.3 ENTERPRISE AND INSTITUTION DEMOLITION .11 2.4 SHOP DEMOLITION .14 2.5 AFFECTED PERSONS .15 2.6 AFFECTED VULNERABLE GROUPS .16 2.7 AFFECTED GROUND ATTACHMENTS ............................................................ 16 2 3 SOCIOECONOMIC SAMPLE SURVEY ON AFFECTED PERSONS AND ENTERPRISES ..................... 17 3.1 BASIC CONDITION OF AFFECTED VILLAGES .17 3.2 AFFECTED RESIDENTS .18 3.3 AFFECTED ENTERPRISES AND INSTITUTIONS .20 3.4 AFFECTED SHOPS. 21 4 LEGAL FRAMEWORK . .25 4.1 LEGAL BACKGROUND .25 4.2 RELATIVE CLAUSE .26 4.3 RESETTLEMENT POLICIES OF THE PROJECT .41 4.4 RELEVANT POLICY .48 5 COMPENSATION QUALIFICATION AND RATE .49 5.1 HOUSE DEMOLITION .49 5.2 ENTERPRISES AND INSTITUTIONS DEMOLITION .50 5.3 SHOPS DEMOLITION .50 5.4 COLLECTIVE-OWNED LAND REQuisITION .51 5.5 TEMPORARY LAND OCCUPATION .51 5.6 GROUND ATTACHMENTS .52 6 RESETTLEMENT MEASURES . .53 6.1 PRINCIPLES .53 3 6.2 RESETTLEMENT FOR HOUSE DEMOLITION ................................... 54 6.3 RESETTLEMENT FOR SHOPS .............................................................. 56 6.4 RESETTLEMENT FOR ENTERPRISE'S AND INSTITUTION'S COLLECTIVE-OWNED HOUSE 58 6.5 RESETTLEMENT FOR LAND REQUISITION .61 6.6 RESETTLEMENT FOR TEMPORARY LAND OCCUPATION .63 6.7 REHABILITATION OF VULNERABLE GROUPS .63 6.8 RESTORATION FOR INFRASTRUCTURE AND GROUNE, ATTACHMENTS AFFECTED 64 6.9 INTERGRATION WITH HOST RESIDENTS .64 7 PUBLIC PARTICIPATION ............................ 66 7.1 PARTICIPATION STRATEGY .66 7.2 PUBLIC OPINION SURVEY .69 8 PROCEDURES OF APPEALING .72 9 ORGANIZATIONS ............................ 73 9.1 IMPLEMENTATION ORGANIZATIONS .73 9.2 ORGANIZATIONAL CHART .76 9.3 ORGANIZATIONAL CAPACITY .77 9.4 RESPONSIBILITIES OF INSTITUTIONS .79 9.5 MEASURES FOR STRENGTHENING INSTITUTIONAL CAPACITY .86 10 SCHEDULE OF IM1PLEMENTATION . ................................. 88 4 10.1 RESETTLEMENT AND IMPLEMENTATION OF THE PROJECT ............ ................ 88 10.2 IMPLEMENTATION SCHEDULE OF RESETTLEMENT ........................................ 88 11 COST AND BUDGET .......................................................... 92 1 1.1 COST .......................................................... 92 11.2 ANNUAL INVESTMENT PLAN ............................. ............................. 94 11.3 CAPITAL RESOURCE .......................................................... 94 11.4 CASHFLOW .......................................................... 94 12 MONITORING AND EVALUATION .......................................................... 96 12.1 INTERNAL MONITORING AND SUPERVISION ................................................. 97 12.2 EXTERNAL INDEPENDENT MONITORING INSTITUTION .................................. 99 12.3 MONITORING INDICATORS ........................................................ 102 12.4 EX-POST EVALUATION ................ ........................................ 103 13 ENTITLEMENT MATRIX ....................... ................................... 104 14 APPENDIX I OUTLINE OF INDEPENDENT MONITORING AND EVALUATION ON RESETTLEMENT ........................................................... 107 5 Abbreviations APs Affected persons VC Villager's committee NUIPLG Ningbo Urban Infrastructure Project Leading Group NUIPO Ningbo Urban Infrastructure Project Office NUIDRO Ningbo Urban Infrastructure Demolition Resettlement Office NLAB Ningbo Municipal Land Administration Bureau DCGC Development and Construction Company of Gucheng County Cicheng Town CDO Cicheng Town Demolition OFfice CLAB Cicheng Town Land Administration Bureau BCMDI Beijing Colored Metallurgy Design Institution NRCR National Research Center for Resettlement M&E Monitoring and Evaluation PRC People's Republic of China RAP Resettlement Action Plan Objectives of the RAP and the Definition of Resettlement Terminology Resettlement Action Plan (RAP) is prepared according to the Laws and Regulations of PRC, and Zhejiang Province as well as the Guidelines of the World Bank (Operational Directive for Involuntary Resettlement OP 4.12). The purpose of this document is to set out an Action plan for the Project Affected Persons (PAPs) in Resettlement and Rehabilitation to assure them of benefit and better living conditions or the restored living conditions at least after the projection. Requisition of land and other assets in the project will adversely affect the livelihood of persons who live, work or earn their living on the land. PAPs are defined as those whose production or livelihood are adversely affected by land requisition, which includes: a) Those whose lands (premise, lands for public facilities, agriculture, forestry, fishery and side occupation), buildings (private houses and attachments, enterprises or public buildings), rights or other assets acquired or possessed fully or partly, permanently or temporarily; b) Those who use the land buildings or assets described above; or those whose business, occupation, living place or habits are adversely affected; c) Those whose living stantards are adversely affected as a consequence of land requisition. A definition of PAPs is given below: Definition of the PAPs: "Affected Persons" means persons who on account of the execution of the project had or would have their: a) living standard adversely affected; or b) right, title or interest in any house, land (including premises, agricultural and grazing land) or any other fixed or movable asset acquired or possessed, temporarily or permanently; or c) business, occupation, work or living place or habits adversely affected, PAPs may be individuals or legal persons such as a company, a public institution. Definition of PAPs is not limited to their legal registration or permission to live or conduct business in the affected location, or their title to property. Thus, it includes: a) All those affected by the project regardless of their legal rights or absence thereof to the assets being taken; and b) Persons without residential permit to live in a certain area. Therefore all such persons who are affected will be considered and recorded as PAPs, regardless of their legal connection to assets land or location. If there are more than one person, family or household using or holding a title to the same land or property that is acquired, they will be compensated and rehabilitated according to the loss they suffer, their rights, and the impact on their living standards. Tlie definition of PAPs is linked directly to the adverse effect of the project, regardless of legal rights title or interest. All PAPs are entitled to the improvement or at least restoration of their standards of living, and compensation for the material losses they suffer. Compensation for assets will cover replacement cost. No deductions or discounts will be applied to the compensation amount for depreciation or other reasons. All PAPs deriving an economic benefit from the affected land and property are entitled to receive rehabilitation benefits in addition to the compensation for their assets lost. Those PAPs without title, authorization or legal permission to resicle, conduct business, cultivate land or construct structures are eligible for rehabilitation of their livelihoods and compensation for their assets on an equal footing with those with formal legal title, authc,rizatiori or permissions to the assets. The term RESETTLEMENT includes: a) the relocation of living quarters; b) finding acceptable new employment for those whose jobs are affected; c) restoration (or compensation) of affected productive resources such as land, workplaces, trees and infrastructure; d) restoration of other adverse effect on PAPs' living standards (quality of life) through land requisition (such as the adverse effects of pcllution); e) restoration of or compensation for affected private and public enterprises; and f) restoration of adversely affected on cultural or common property. Rehabilitation means: the restoration of the PAPs' resource capacity to continue with productive activities or lifestyles at a level higher or at least equal to that before the project. The objective of this RAP is to provide a plan for the resettlement and rehabilitation of the PAPs so that their losses will be compensated and their standards of living will be improved or at leasl restored to the pre-project levels. To achieve these objectives the plan provides for 8 rehabilitation measures so that the income earning potential of individuals are restored to sustain their livelihoods. Affected productive resources of businesses (enterprises including shops) and public property, infrastructure and cultural property will also be improved or at least restored to their pre-project levels. 9 1 Introduction 1.1 Brief Description of Project Environmental improvement works of Cicheng Town is one of the comprehensive environment improvement works of Ningbo. After construction, the project will have a profound meaning in terms of protecting old town's cultural feature, developing economic and tourist resources, decreasing environment pollution, improving living quality and promoting sustainable socioeconomic development. 1.1.1 Project Components Under the Environment Improvement Works of Cicheng Town in Jiangbei District of Ningbo City, there are four sub-items: A. Constructing and connecting the road net around the town B. Connecting the internal road net C. Laying the sewer net in the central town area D. Greening the river and road 1.1.2 Basic Conditions A Constructing and connecting the road net around the town According to the planning, a ring road shall be constructed at the inner side of the moat. The ring road construction includes East Town Beltway, South Town Beltway, West Town Beltway, North Town Beltway, the total length of beltway is 4,200m, and the width is 12m, and its designed car speed is 30- 40 Km/h. B Connecting the internal road net This sub-project will be buill. during dredgirig the moats, including Zhonghua Road, Jiefang Road, Minquan Road ,Minzhu Road, Minsheng Road Minzu Road and Taiyangdian Road, Shangzhi Road, Sanmin Road, Congzhuxiang East Road, the total length is 10230 meters and the width is 3.5-10 meters. C Laying the sewer net in the central town area In order to perfect construction of the infrastructure of Cicheng Town and reduce pollutant discharged to nearby water body from domestic sewer, it is planned to adopt separate sewer system for storm discharge and sewage discharge in the town district. According to "General Planning for Cicheng Central Town, Jiangbei District, Ningbo City (2010-2020)", the main trunk roeids of the Cicheng town will be laid out in three longitudes and 6 laterals, then the main trunk sewers of sewage will follow the above general principle, i.e. main trunk sewer shall be laid along the first longitudinal main trunk road --- Jiefang Road, and sewer branches shall be laid along five lateral roads ---- Zhonghua Road, Shangzhi Road, Minzu Road, Minsheng Road and Rixin Road. Internal sewage system adopts concrete pipe, the statistic volume of construction includes 500m D700-D800, 500m D500-D600, 10,000m under D400. D Greening the river and road The total greening area is 241,600m2, including c 15m-30m wide green belt which will be established along the two banks with a greening area of 220,000m2. 2 1.2 Areas Affected and Benefit by the Project 1.2.1 Benefit Area Benefit area in this project is Cicheng Town. Locating at the northwest part of Jiangbei District, Cicheng is 16.5Km away from the downtown of Ningbo City. It is close to Zhenhai District in the east, Sanqishi Town of Yuyao City in the west, Cixi City in the north and Gaoqiao Town of Jin County in the south separated by Yuyaojiang River. Cicheng Town belongs to a subtropical climate, alternation of winter and summer monsoon is clear, so it has four clear seasons warmly and humid. Yearly average temperature is 16.1 ,and annual precipitation is 1485mm. Surround by hills and mountains from east west and north, the average altitude above the sea level (Yellow Sea as benchmark) of Cicheng is 1.19-2.19m. General topography is high in the north and low in the south. Being a part of the Ningshao Plain, the land is flat and fertile with rich produces. The communication in Cicheng Town is very convenient. Xiao-Yong Railway passes through the south part of the town. Besides the Yong-Yu road, every administrative village can be accessible through simple roads. The inland river navigation ports are connected to inland river ports or seaport in Ningbo and Yuyao through Yaojiang River and Cijiang River. Cicheng Town is about 30km away from Lishe Airport. Cicheng town is a provincial level history and culture site; it is a tourism town with traditional style and features. Cicheng has a long history and many famous persons. It is also the concentrating place for old buildings of the Ming and Qing dynasties and the number of provisional preserve sites amonts to 17. 3 Planed in " Ninth Five-Year Plan and 2010 Sceiario Target Outline for Tourism Development of Ningbo City", the town is an important knot in Ningbo tourism network, so reinforcing the relevant service industry will be a new economic growth point for Cicheng Town. Because of historic reason, lack of fund and other factors, Cicheng's environment has never been properly improved, and the town has lost its original appearance as a famous historical and cultural town. Its infrastructure facilities are not integrated with others facilities. The serious problem of water drainage exists, for at present the drainage system is a combination of rainwater with sewage. The sewage drains through the mixing sewage pipe to the single-arch mixing sewage channel, which is modified with the original river course under the Hengjie Street at the east of the town, then to the moats at the west of town, and finally to Cijiang Rivsr, Yaojiang River, thus polluted the water and environment directly. The main river courses in Cicheng Town are the moats, which have been out of repair for many years and full of sedirnent, and their water body is seriously polluted by the industrial sewage from the industrial enterprises nearby and domestic sewage. At present the water in this area is red in color, unusual color, and the water quality is poorer than Grade V. The original river courses in the town were almost filled up with soil, that caused flooding in town during rainy and flooding season. It is imperative to improve the internal river in the area compirehensively based on the requirements of water function division. There are many narrow, dead end and T-shaped roads inside the town, and no continuous trunk road is available for rapid traffic. Most of the roads have a width of less than 1 Om and buildings along the two sides of the roads are very close to the roads. As there was no unified planning during the early 4 construction period, the road cross section was not divided systematically, out of order, so the turning radius at crossings and sight distance triangle of the roads were not ensured, and it will cause traffic accident easily. All the above factors have impacted the features of "A famous historic and cultural town of Cicheng", not only causing inconvenience to local residents' life, but also restricting the development of Ningbo's tourism industry. In order to preserve and propagate the particular feature and expedite the continual economic development, it is necessary to reconstruct the infrastructures, repair and preserve the relics fully in the ancient town. The sub-items under the project were designed and settled for this purpose. 1.2.2 Affected Area Cicheng is a remote town of Jiangbei district, Ningbo city, 12km far away from Jiangbei district, Ningbo city .Land requisition and demolition induced by the project involves Dongcun, Guoqingcun, Shanxicun, Nanmencun, Beimencun, Dongmencun and Qinfengcun, totally 1789 people in Cicheng Town of Jiangbei District. Land needed by the project is 74.4mu, among which, 57.3mu collective-owned land (are all paddy field) in 6 villages are permanent requisitioned. 17.1mu urban state-owned land are allocated without payment. Land temporarily occupied is 29.7mu and 6.8mu of which is state-owned land. 30 households are affected, affected population amounts to 94 and 56of them are labors. 337 houses in 6 villages are demolished, affected population is 1214 and total acreage is 43749m2, 23 enterprises are demolished and total acreage is 13336m2, affected employees are 443. 15 shops are demolished, affected acreage is 906m2 and affected population is38. 16 types of ground attachments are affected too. 5 1.3 The Social Economic Status of Project Area 41 administrative villages with a total acireage! of 102.57Km2 are now under the charge of Cicheng Town. The cultivated land acreage is 28,217mu, and the central township of Cicheng covers an acreage of about 2.57Km2 in which there are 10 residents' comrnittees and 3 farmer villages. The total population of Cicheng Town was 58,900 by the end of 2001, among which 19,000 were registered permanent residents living in urban area, about 40,00 were the agricultural population in urban area. In 2001, the GDP of the town reached RMB570 million. Three rnajor industries have developed in a coordinately manner. The total output value ol: the first industry is RMB120million, the second industry RMB360 millioni and the third industry RMB90 million. Table 1-1 Basic Social and Economic Status of Cicheng Town, 2000 Items Unit Cicheng Town Whole Ningbo City 2000 2000 1. Population 1.1. Total Households 104 Households 2.49 193.9 1.2. Total Population 104 Persons 5.89 540.94 Therein: Agriculture Population 104 Persons 4 398.91 Population Natural Growth 2 3.1 Rate 2. Land Acreage kmg 103 9365 Therein: Cultivated Land kha 55 215.664 3. Gross Domestic Product 100 million yuan 5.7 1175.7538 3.1. Primary Industry 100 million yuan 1.2 95.7733 3.2. Secondary Industry 100 million yuan 3.6 658.8408 3.3. Tertiary Industry 100 million yuan 0.9 421.1397 4. Gross Output Value of 100 million yuan 25.76 1332.8942 Industry and Agricuture Therein: Gross Output Value of 100 million yuan 1.93 7105763 Agricuture Gross Output Value of Industry 100 million yuan 23.83 126103179 5. Per Capita GDP yuan 9600 21786 6. Per Capita DisposableYun50153 Income of Urban Households yuan 5100 10535 7. Per Capita Annual Net yuan 4145 5069 Income of Rural Households 6 1.4 Design Stage Beijing Central Engineering and Eesearch Institute for Non-ferrous Metallurgical Industries (ENFI) Conducted Pre-Feasibility Study Report in 2001 and in July 2001 Pre-Feasibility Study Report of Environment Improvement Works of Cicheng Town in Jiangbei District of Ningbo City has been finished. Feasibility Study Report will be finished in May 2002. Consigned by NBIDO, Ningbo Environmental Science Research & Design Institute finished the environment protection design and Evaluation Report of Environment Impact Ningbo Urban Industry Pollution Control Plan at the end of April 2002. 1.5 Total Investment and Capital Source This project is urban infrastructure construction project. DCGC is in charge of the investment and construction. Construction funds include domestic supporting funds and World Bank Loan. Total investment is about RMB377.8291 million and US$15.2995 million needs to be loaned from World Bank. 1.6 Measures for Reducing Project Impacts During the plan & design stages, the Design Unit and the Project Owner have adopted some effective measures to reduce project impact on local social economy. The main measures are shown as below. 7 A. In the project planning stage, l:aking project impact on the local social economy into account and rnaking it the key factor in choosing the scheme. B. Wastewater pipes being laid in the center or along the urban roads to avoid house relocation of residents. C. During the positioning process of routes cf urban roads and rivers, the Design Unit makes a reasonable analysis of the routes to reduce the house relocation. D.Optimizing design, setting oLIt a reasonable ayout in protecting area and reducing house removal. E. Arranging construction period reasonably, minimizing the damage to crops in temporarily occupied land and decreasing occupation time by timely filling after pipe pavement. 8 2 Project Impacts From August to Sptember 2002, Project Office organized special survey team to conduct overall survey on the affected material indicators. By house to house survey, all representatives participated in the work. Survey team also listened to VC and representatives' opinions on demolition and rehabilitation and negotiated with them. Overall and participatory survey laid a foundation for the establishment of RAP. Cicheng is a remote town of Jiangbei district, Ningbo city, 12km far away from Jiangbei district, Ningbo city .Land requisition and demolition induced by the project involves Dongcun, Guoqingcun, Shanxicun, Nanmencun, Beimencun, Dongmencun and Qinfengcun, totally 1789 people in Cicheng Town of Jiangbei District. Land needed by the project is 74.4mu, among which, 57.3mu collective-owned land (are all paddy field) in 6 villages are permanent requisitioned. 17.1mu urban state-owned land are allocated without payment. Land temporarily occupied is 29.7mu and 6.8mu of which is state-owned land. 30 households are affected, affected population amounts to 94 and 56of them are labors. 337 houses in 6 villages are demolished, affected population is 1214 and total acreage is 43749m2 , 23 enterprises are demolished and total acreage is 13336m2, affected employees are 443. 15 shops are demolished, affected acreage is 906m2 and affected population is38. 16 types of ground attachments are affected too. 9 2.1 Permanent Land Acqisition and Temporary Land Occupation 74.4mu land is needed by the project. 57.3mu paddy field, the collective-owned land in 6 villages of Cicheng Town has been permanent requisitioned by the project. Besides, 17.1mu urban state-owned land has been free allocated. 29.7mu land has also been temporarily occupied, 6.8mu of which is state-owned land. Table 2-1 Permanent Land Requisition and Temporary Land Occupation Unit: mu Permanent land Temporary land County District Village Town -Village acquistion occupation Jiangbei Cicheng Dongzhen l l Dongmen l Beimen l _____________ Q infeng l l____________ Nanm en l l___ __ __ __ __ __ __ _ _ G uoqing l Total Land Requisition l l State-owned land in urban area l Total I 2.2 House Demolition House demolition in this project involves 1214 people of 337 households from Dongzhencun, Beimencun, Guoqingcun, Shanxicun, Nanmencun, Dongmencun and Qinfengcun, total arceage is 43749m2, of which, Brick-Concrete is 31550m2, Brick-Timber is 8282rn2, Simple structure is 3917m2. Besides, the demolition also affects some hcuse attachments. Table 2-2 shows the details. Among the demolished households, 91% households' house acreage is more than 45m2 and only 28 households' house acreage is less than 45m2, the smallest resettlement house modle. See Table 2-3 10 Table 2-2 Affected Houses and Attachments Item Unit Quantity Construction Brick-Concrete m2 31550 Acreage of Brick-Timber m2 8282 House Simple m2 3917 Demolished Total m2 43749 Attachments Phone tel 121 CATV household 337 Table 2-3 The Statistical Table of Affected House Acreage House Household % Population % Total Acreage % Acreage <20 0 0 0 0 0 0 20 HA<30 9 3 21 1 239 1 30 HA<45 19 6 48 4 705 2 Subtotal 28 9 69 5 944 3 45 HA<65 42 12 _ 119 10 2303 4 65<HA 267 79 1029 85 40502 93 Total 337 1217 43749 2.3 Enterprise and Institution Demolition 23 enterprises and institutions are demolished and total acreage is 13336m2, of which production and operation house is13336m2 and 13186m2 of it is Brick-Concrete house, affected employees are 443 persons. 11 I 1 4 a) EL U) -3 Z 0 X- cu cq .C: cn U) C: CD 0 -Fn ; , 0 CD m m co N en -o Z) r- m E rn C) N CD C) C) Ln C) m 0 C) C) C) 0 (D ";j- CO C) C) C) m 0 Lo w m C N n -.T- 0 0 0 :3 NT (D N Lo N m CY) 0 'o OC) - - - - CM C14 Cl) CO '4= -0 I lc,)l C) C, C, 0 EL co (n .0 a) (L) Ea cn (13 L- J_- cl) C 0- C) C\j LLI co (D E z 0 0 CZ rl- C -o 0 0) 0 Z -0 0 E CZ 0 ca 6 CD cn 0 CZ 0 z r) cn a: C:) oo co co CZ cr, 0) - IE -0 0 c co CC) CY) 0 co CZ x C) co :L- 0 r- 6 6 . . . rr 0 0 0 E - :3 -o 0 0 0 0 -0 z z , z > > 0 X- C\l azzz CZ 0) C) co 0 0 C: < c a CD a) CD 0) 0 D C_- E -0 cl', E E z -c) 6 CZ C) cn 0) _r_ C 0 cn cts F-- CY" 0 C: C n 0 c z z c -C o 0 C.) -o 0 N CZ -C 0 0 - ?I >1 .0 .0 CTI 0 - L '5 - LL r- LL 0 ?, . >1 0 CZ 0 CZ 6 - 0 -6 0 C) coz CZ (D OL V - CZ - 0 LL 0) 0 iu 0 u- 0 0 C -0 E .0 LL CZ CZ -0 - p 0 M o 0 U- 0 -6 Co :3 -o Co CTJ cu CZ -0 D .5 CZ C -C n Ca C) LL CZ C) u- C: (D CZ ) C CZ LL c: C) co co -0 C) CZ CZ cn cn a - 0 0 cZ CD E C-Z LL E a) 0 N C.) E cts cn -C- CZ - M - - (D 0 -6 -r 0 CZ C CU 0 0 -0 CZ co CD cm co CD - u- E 2 w m o a) cm 3: C) N co C: C: L) -r cn co 0).5 O', CZ w V C CZ a) a.z-- (D C OL E co C.) a) CD cm C/) cts C7, 0 C- CD CY' C: v -0 5; -r C) C CD 0 Z z 0 E -c w -0 cn r- cm cn ? N LCL)0 , CZ 70 a CD C: .0 C CM m 0 co LL CM n :t! 0 C cn 0 C LL C = C7 >- 0) :3 0 co co L) C -C LL 0 a, 0 I- cr2 C), m 0 ~ .C. a, Cu, EL H LO ucuE - co cno 0 a OC) C) o 0 -\ co- 0 n .,) Cu -coa 0 0 0C)0 c n C, C: CMCM E E E cu cu C) z CZ 0 CZ, 0 CZ~~I 0 Cu _ c a,~~C)co C) Co co CO 0) , >- cc 2.4 Shop Demolition 15 shops are demolished, affected acreage is 906 m2 and affected population is 38. Table2-5 Demolished Shop Name of Shop Address Owner's Construction Acreage m' Name Steel-Co Brick-Co Brick Simple Without ncrete ncrete -Tim Permission ber Yuan Dongche Yuan 49 wenguang ngyan wenguan Dessert Shop Road No.28 Dongzhen No.30 Zhu 20 Barber Shop zhenzhen Zhang Face to Zhang 30 jianhong changzh jianhong Restaurant engqiao Food Market Wheat Cereals Near to 30 changzh engqiao Ge huihua Dongme Ge huihua 60 Small Shop ncun Village in Town Small Shop Dongme 25 ncun Village in Town He shouli Dongme He shouli 50 Shop ncun Village in Town Dong Dongme Dong 20 shiguang Shop ncun shiguang Village in Town Tian changmin Nanmen Tian 25 Repair Shop cun changmin Village in Town Wu aihua South Wu aihua 20 Electrical door Repair shop village in town 14 Name of Shop Address Owner's Constrjction Acreage mz Name Steel-Co Brick-Co Brick Simple Without ncrete ncrete -Tim Permission ber Wheat Cereals Minshen Supply 260 of Supply and g Road and Marketing No.177 Marketing Body Body Deng wenguo No.232 Deng 35 Shop wenguo Xu' agen Shop No.230 Xu' agen 35 Wheat Cereals 117 of Supply and Marketing Body Wang Near to Wang 130 huisheng Dairy Yingbinh huisheng qiao Total 906 2.5 Affected persons House demolition in this project involves Dcngzhencun, Beimencun, Guoqingcun, Shanxicun, Nanmencun, Dongmencun and Qinfengcun and total affected population is 1789. Table2-6 Affected Persons Unit: household, person Ty es total Land Requisition Affected Household 30 Affected Population 94 Labor included 56 House Demolition Affected Household 337 Affected Population 1214 Enterprises and Institution Affecled Number 23 Demolition Affected Population 443 Shop Demolition Affected Number 15 Affected Population 38 Affected Household 367 Total Affected Number 38 Affected Population 1789 Labor Included 56 15 2.6 Affected Vulnerable Groups During the socioeconomic survey, the Project Office also conducted survey about vulnerable groups. There are 3 affected vulnerable groups, 2 of whom, totally 4 persons are unable to work because of old age; in another household, 3 persons suffer from chronic diseases. Their houses, totally 158m2 are demolished because of the project. 28 households with 69 persons can't buy small modle house for their demolished house acreage is less than 45m2, these households are relative poor. 2.7 Affected Ground Attachments Affected ground attachments can be divided into 16 types, see details in Table 2-6: Table2.6 Affected Ground attachments Unit: yuan Item Unit Quantity Public Toilet toilet 25 10 kv El ectrical Pole pole 110 380v Electrical Pole pole 620 Bridge set 8 Road m2 293088 Machine-Ploughed Road m2 13750 Supplying Water Pipeline m 32102 Drainage Pipeline m 42102 Communication Cable m 84204 Lawn and Flower Terrace m2 6435 Water Pipeline m2 36938 vegetable Greenhouse m2 2500 Big Tree tree 669 Mid-Tree tree 581 Sapling tree 945 Bush trunk 9900 16 3 Socioeconomic Sample Suriey on Aflected Persons and Enterprises In order to know socio-economic conditions of affected area and basic conditions of APs further, according to requirements of the WORLD BANK, NUIPO conducted preliminary socio-econornic survey of affected area in April 2002, which provides basic information for project analysis, and began to compile resettlement action plan. In September 2001, adopting the method of questionnaire and interview combined, NUIPO conducted detailed survey. 60 households, 216 people in affected village!s (which amount to 20% of total APs), 23 enterprises and institutionss and 15 shops were involved. 3.1 Basic Condition of Affected Villages Land requisition in this project affectes 7 Villages in Cicheng Town, Ningbo City. Socioeconomic conditions of these 7 villages can be seen from Table 3-1. Table3.1 Basic Condition of Land Requisition Involved Village in Cicheng Dongmencu Beimencun Qinfengcun Dongzhencu Nanmencun Cihucun n _ _ _n Population Total Households(hu) 300 277 219 219 289 280 Total Population (person) 700 675 535 535 685 606 Including: Male 340 324 252 252 283 Agriculture (person) 580 535 535 685 436 Non-agriculture (person) 120 170 Labor Total Labors (person) 500 401 353 353 459 339 Industry Employee 250 160 120 120 40 166 Agriculture 150 33 63 63 80 88 Individual Business 100 208 170 170 339 85 Cultivated Land Total Acreage 280 462.464 403 403 420 275 Including:Village 185 415 796 390.6 519 226.7 Collective Remained Land Rice Production(kg/mu) 400 410 406 451 300 772 17 Dongmencu Beimencun Qinfengcun Dongzhencu Nanmencun Cihucun n n Production Gross Production (Ten 2000 1665.17 1942.09 1603 2840 314 thousand yuan) Agriculture Gross 400 201.88 326.9 119 840 126 Production Industry Gross 1500 1413.29 1284.35 1341 2000 132 Production The Third Industry Gross 100 50 330.84 143 56 Production 3.2 Affected Residents 3.2.1 Family Members This family survey covered 60 households with 216 persons, 63% of whom, that is 136 persons are agriculture population; 43 %, 92 persons are women; 76%, 164 persons are labors; the rest 18% are 38 students,. 3.2.2 Distributing Condition by Age Of 216 interviewees from 60 households, 10% of whom, that is 22 persons are under 8 years old; 11%, 24 persons are ranging from 8 to 18 years old; 72%, 156 persons are ranging from 19 to 60 years old; and 15%, 22 persons are 61 years old up. 3.2.3 Distributing Condition by Education Of 216 interviewees from 60 households, 2% of whom, that is 2 persons are illiterates; 11%, 24 persons received primary school education; 70%, 151 persons received high school education; 17%, 37 persons received college education. 18 3.2.4 Employment Condition of Labor Of 216 interviewees from 60 households, theri are 164 labors, among whom 39%, 64 persons work with enterprises; 12%, lhat is 20 persons work in places other than their hometown and the rest 24 persons engage in individual business, which is 15 of total interviewees. 3.2.5 Construction Acreage Of 60 interviewed households, the house construction acreage is 8112m2 , with average 135m2 for each household. Among them, 3236m2 is storied-buildings and 4876m2 is tiled houses and the rest 1740m2 is livestock house. 3.2.6 Family Annual Income and Expenditure According to the statistics to 60 surveyed households, family annual total income is RMB799504, among which annual wage income is RMB532320, accounting for 67%; income from working in other place is RMB1 44000, accounting forl8%; agriculture income is RMB99184 accounting for 12%. Income structure can be seen from Table 3-2. Expenditure. Family annul total expenditure is RMB771256, among which production cost is RMB27920, accounting for 4%. Expenditure structure can be seen from Table 3-2. Table 3-2 Annual Income and Expenditure Structure of Surveyed Hoouseholcds Per capita Structure Item otal uan (yuan/person) Proporation Family Annual Total Annual Income 799504 3701 100% Income Including: Income from 144000 Working in Other Place 667 18% 19 Per capita Structure Item otai (yuan) (uan/person) Proporation Agriculture Income 99184 459 12% Enterpsise or Institute Income 532320 2464 67% Family Annual Total Annual Expenditure 771256 3571 Expenditure Producing expenditure 27920 129 4% Living expenditure 743336 3441 96% Including: Electricity 48720 Cost 226 6% Living water cost 17040 79 2% Communication Cost 42880 199 6% Expenditure for Children 59600 276 8% Education Medical Service 79200 367 10% Fuel Cost 18920 88 2% Expenditure for Buying Living 294960 1366 38% Assistant Food Expenditure for Buying Electric 73840 342 10% Apparatus and Furniture Other Expenditure 108176 501 14% Net Income 771584 3572 It can be seen from above analysis, average net income of surveyed peasant families is RMB3572. Due to affected villages are near to Ningbo urban area, where enterprises develop well, most of villagers work with neighboring enterprises, and wage income accounts for 67% of total income, which is high enough, otherwise, there is no income from planting. The above analysis indicates the poor dependence of affected families on land. 3.3 Affected Enterprises and Institutions Among 23 enterprises, 21 enterprices belong to private ones, 2 enterprices is tobe bad, and others has good profits, the average wages for employee is 700yuan,the detail can be seen in Table 3-4. 20 3.4 Affected Shops Among15 shops, 12 shops was classified to private ones, most of them are family-shops, working in restaurent, bazaar,etc. Operation situation and salary condition of each shop can be seen in Table 3-5. 21 E C- 00 70 C 3 C : 0 (D - : C O 0 L 0 0 'Ca 0 . a) :3 0 CM CD CD C\J C\N C%J-0 o >, 0 o zc a *0 Ca ~~~~~0 0) 0 C -I-. C ~~~ 001 c . 2o a Q - (D <j -, C ~. ~ C ' n ~ ~ - 0.0 C Z> 0) CD >, 0 a 0 0 0 LO000 0 0 0 0 0 0 0 0 E a LO m o 0 0 o m Co Co o 10 Co Lu CL2 CD o c ' - 4 O c co 0co00L00 0DC 0) E (D 0 0 co co) LO C' 0 0a0 co 'I 010L C\j ' 'a LO co C\J C' 10 m C'\ .. E C6 ~~~~LU CD I- 0 - ~~~~ ~~~~~~~~~~~~~~C: C 'CoC co 3: R~~~ .0 0 01 0 E E E 0~0a C 01c D 0 c m 'O 6 ~~~~X xE r 6 a, co co 0 o C 0 .0 0 (D C Z *co co ca 0 na Ca ~c z a, a, 'a o 0 a, -i 6a fl C a m~ Lu C tz - 0 CD a, CI < 0 Z C 01 a 0 E1 01 - E ~~~ ~~ 01 CD a, 01a 0 0 0 C 0 01. C.)o ~ C C C a C .C2Q 0 C o 0 c - >-o C C 0 Cacoco co0 aLL t C_ _ 0 oL E:0~ 0 ~Co N N\ cm LO C: c m 0 t3C N f C) CI co > 0~~~ 0 0 0 -EE 0 0 0 0 c, FI- I- -H H aI) c C C: C a ,C C C C M c m a) <. 0 a ) CD 0 C a, a a CC- Cu cu co C z z zo a)) 'a C.) - cl 2- P ~~uO coLP a2 a) t0L LU Ca0)0 0 r a) a, 0 )n-~( C.r~ ) C Cu C C's ~ *~ CZ Cu 0 Cc Table 3-5 Operation situation and salary condition of each shop Name of Address Owner's Production Time of Store Name Monthly wage of Value(ten Profit(ten Stopping Employee Employee thousand thousand Business ____ (person) (yuan/month) yuan) yuan) (month) Yuan Dongchengyan Yuan wenguang road No.28 wenguan Dessert Shop 1 500 0.6 0.6 Dongzhen No.30 Zhu Barber's zhenzhen Shop 1 500 0.6 0.6 3 Zhang Face to Zhang jianhong changzheng jianhong Restaurant bridge Food Market 1 500 0.6 0.6 Wheat Near to Cereals changzheng Bridge 1 500 0.6 0.6 Ge huihua Dongmencun Ge huihua Small Shop in Town 1 800 0.96 0.96 Small Shop Dongmencun in Town 1 500 0.6 0.6 He shouli Dongmencun He shouli Shop in Town 1 500 0.6 0.6 Dong Dongmencun Dong shiguang in Town shiguang Shop 1 500 0.6 0.6 Tian Nanmencun in Tian changmin Town changmin Repair Shop 1 500 0.6 0.6 Wu aihua Nanmencun in Wu aihua Electrical Town Repair Shop 1 500 0.6 0.6 Wheat Minsheng Supply and Cereals of Road No.177 Marketing Supply and Body Marketing Body 13 500 7.8 7.8 Deng No.232 Deng wenguo wenguo Shop 1 500 0.6 0.6 Xu agen No.230 Xu agen Shop 1 500 0.6 0.6 Wheat Cereals of Supply and Marketing Body 8 500 4.8 4.8 Wang Near to Wang huisheng yingbinh Bridge huisheng Dairy 5 500 3 3 Total 51 502 24 4 Legal Framework 4.1 Legal Background Laws and policies, are referred to in the project, are as follows: * Land Administrative law of PRC (January 1st 1999 come into force) * Urban Real Estate Administrative Law of P.R. China (January 1 st 1995 come into force) * Urban House Demolition Administrative Regultarions (November 1 st 2001 come into force) * Land Administrative Law of Zhejiang Province (July 5th 2000 come into force) * Zhejiang Province Implementing Methods of Urban House Demolition Administration (amended on 9th December 19941) * Ningbo House Demolition for Urban Construction Administrative Methods (issued by MSCNPC in Dec 1998) * Ningbo Collective Land House Demolition for Urban Construction Administrative Methods (1st February 2000 come into force) * Ningbo Collective Land House Demolition for Urban Construction implementing Details (31st May 1999 come into force) 25 * Ningbo House Demolition for Construction Administrative Method (1st March 1998 come into force) * NPB and NREAB Approval of Examing Resettlement House Price and Related Costs for Urban Construction in Cicheng Town, Hongtang Town and Zhuangqiao Town (2000) * World Bank OP4. 12 Involuntaty Resettlement and Appendix (January 1 st 2002 come into force) 4.2 Relative Clause 4.2.1 Limits of Requisition and Nature of Compensation Limits of Land Requisition and Nature of Compensation Land Administration Law of the People's Republic of China states that all units and individuals that need land for construction purposes shall apply for the use of state owned land in accordance with law. Article 44: Where land for agriculture is to be used for construction purposes, the formalities of examination and approval shall be gone through for the conversion of use. Where land for agriculture is to be converted to land for the construction of road, pipeline or large infrastructure projects, for which approval has been obtained from people's governments of provinces, autonomous regions and municipalities directly under the Central Government, or for the construction of projects, for which approval has been obtained from the State Council, the conversion shall be subject to approval by the State Council. 26 Where land for agriculture is to be converted to land for construction of projects in different periods in order to carry out the overall plan for land utilization within the limits of the amount of land fixed in the plan for the construction of cities, villages or towns, the conversion of use of land shall, in accordance with the annual plan for land utilization, be subject to approval in batches by the organ that originally approved the use of land for construction of specific projects within the limits of the annount of land for agriculture, conversion of the use of which has been approved , may be form people's governments of cities or counties. Article 45 Approval shall be obtained from the State Council for requisition of the following land: (1) capital farm land; (2) cultivated land, not included in capital farm land, [hat exceeds 35 hectares; and (3) other land that exceeds 70 hectares. Article 58 Under any of the following circumstances, the administration department of the people's government concerned rnay, with the approval of the people's government that has originally approved the use of land or that possesses the approval authority, take back the right or the use of the State-owned land: (1) The land is needed for the benefits of the publics; (2) The use of the land needs to be readjusted for renovating the old urban area according to urban planning; 27 Article 47 Land requisitioned shall be compensated according to its original purpose of use. Main provisions of P.R.C Urban Estate Administration (which has come into force since January 1,1 995) are as follows: Allocation of land use right means that approved by the government over country level, after the land users have paid compensation, relocation costs etc., they can use the land, or they can get the land use right free of charge. If the land use of the following land for construction is really necessary, it can be approved and allocated by the government over country level: land for urban infrastructure and public utilities, land for energy, transport, water conservancy etc, project which are the state key projects. Zhejiang Province Implementing Methods of Land Administrative Law of P.R.China related regulations: Article 19 Land is requisitioned for construction, which involves land for agriculture, and approval procedures of transferring land for agriculture should be dealt legally. Follwing requirements should be met when city and village of town land paln for construction involves land for agriculture, (1) abide to whole plan for land usage; (2) abide to cith planning or village and town planning; (3) obtaining year quota for transferring land for agriculture to other purpose; (4) measures for complmenting land are carried out. If the requirements can not be meet, approval for transferring land for agriculture to land for construction cannot be gotten. Article 22 Organization, who requisitioned the land, should pay land compensation resettlement subsidy and compensation for greenseedling and ground attachments fully in three months from getting approval of plan for 28 compensation for land requisition and resettlement. Limits of Houses Demolition and Nature of Compensation Urban House Demolition Regulations stipulate: Article 6 Organization, who are responsible fo demolish houses, can demolish houses after getting permission for house demolition. Article 22 The demolisher should pay compensation to the demolished according to stipulates of this regulation Ningbo House Demolition for Urban Construction Administrative Methods stipulates, Article 8 Organizations or individuals, who need to demolish houses and its attachments, should have approval files of construction project land planning for construction land for construction and demolition scheme, and submit application to superior departments of house demolition. Superior departments of house demolition examine and issue permission for houae demolition after examining demolition scheme demolition entrusted contract and identifying range of demolition. 4.2.2 Laws and Administration Procedures Land Administration Law of the P.R.C Article 46 where land is to be requisitioned by the 'State, the requisition shall, after approval is obtained through legal procedure, be announced by people's governments at or above the country level, which shall help execute the requisition. Units and individuals that own or have t:he right to the use of the 29 land under requisition shall, within the time limit fixed in the announConcrete, register for compensation with the land administration department of the local people's government by presenting their certificates of land ownership or land-use right. Urban House Demolition Regulations: Article 8 When house demolition administrative departments issues permission for house demolition, they should publicize dismolisher demolition scope demolition term etc. in permission in form of house demolition notice. House demolition administrative departments and demolishers should undertake propagands and explanation to the demolished. Ningbo House Demolition for Urban Construction Administrative Implementing Detailed Rules stipulates, Article 5 Procedures of house demolition: 1.Construction organizations or individuals (hereinafter construction organization for short), holding project approval files and contruction redline drawings, entrust demolishing organizations to carry out survey on house demolition, and identify range of house demolition, and submit application for project approval to superior departments, then, obtain Notice on Suspending to Deal Related Proceedings of House Demolition after getting project approval from superior departments; 2.Construction organizations signs entrust contract with demolishing organizations, and construction organizations saves fund for house demolition to special account of demolishing organizations; 3.Construction organizations and demolishing organizations, holding land 30 planning for construction approval files for construction and demolition scheme demolition entrusted contract subrnit House Demolition Application to superior departments, who will issue demolition notice after examining qualified permission for house demolition; 4.Demolishing organizations publicize notices or related house demolition contract and water supply cutting-off etc. in demolished scope; 5.Demolishing organizations are entrusted to sigh contract with the demolished by demolisher, and the demolished should move in stated movement term; demolishing organizations should diemolish houses after the term is over. 4.2.3 Compensation Provisions Compensation for Land Requisition Relevant provisions of Land administration Law of the People's Republic of China: Article 47 Land requisitioned shall be compensated for on the basis of its original purpose of use. Compensation for requisitioned cultivated land shall include compensation for land, resettlement subsidies and attachments and young crops on the requisitioned land. Compensation for requisition of cultivated land shall be six to ten times the average annual output value of the requisitioned land for three years preceding such requisition. Resettlement subsidies for requisition of cultivated land shall be calculated according to Ihe agricultural population needing to be resettled. The agricultural population needing to be resettled shall be calculated by dividing the amount of requisitioned cultivated land by 31 the average amount of the original cultivated land per person of the unit the land of which is requisitioned. The standard resettlement subsidies to be divided among members of the agricultural population needing resettlement shall be four to six times the average annual output value of the requisitioned cultivated land for three years preceding such requisition. However, the highest resettlement subsidies for each hectare of the requisitioned cultivated land shall not exceed fifteen times its average annual output value for the three years preceding such requisition. If land compensation and resettlement subsidies paid in accordance with the provisions of the second paragraph of this Article are still insufficient to help the peasants needing resettlement to maintain their original living standards, the resettlement subsidies may be increased upon approval by people's governments of provinces, autonomous regions and municipalities directly under the Central Government. However, the total land compensation and resettlement subsidies shall not exceed 30 times the average annual output value of the requisitioned land for the three years preceding such requisition. Zhejiang Province Implementing Methods of Land Administrative Law of P.R.China stipulates, Article 23 Compensation rate for land being requisitioned: (1 )as for plowland, compensation rate is 8 to 10 times of average annual production of past three years before resettlement;(2)other farmland except for plowland, compensation rate is 4 to 7 times of average annual production of past three years before resettlement,(3)as for land, which is not being used, compensation rate is 50% of compensation for local plowland;(4)as for land for construction, compensation rate should refer to compensation rate for local plowland. Article 24 Resettlement subsidy for plowland requisition is calculated 32 according to agricultural population to be resettlec, which is calculated by quantity of land to be requisitioned dividing average plowland per person before resettlement. Resettlement subsidy rate for agricultural population to be resettled is 4 to 6 times of average annual production of past three years before resettlement. But resettlement subsidy for plowland per ha cannot exceed 15times of average annual production of past three years before resettlement. Resettlement subsidy for other land can refer to former regulation. Resettlement subsidy for land requisition should be used for labor resettlement, which cannot be embezzled. Peoples' Governemnts of city and county should organize related departments anc organizations to adopt measures of social insurance providing job opportunities setting up enterprises and one-time subsidy to settle the settlers, who is needed to be settled. Article 25 If land compensation and resettlement subsidy, paid according to Article 23 (1) and Article 24 first stipulation of this method, can not guarantee resettled peasants keep original living level, resettlement subsidy can be increased after getting approval from Province Peoples' Government. But total of land compensation and resettlement subsidy cannot exceed 30 times of average annual production of past three years before resettlement. As for the land to be requisitioned, agricultural tax and agriculture special tax of it can be ceased since next year of getting approval for land requisition. Article 26 Compensation for greenseedling of requisitioned land is calculated according to then-season crop product on; compensation for trees and constructions buildings farmland water conservancy etc. of requisitioned land is calculated at real value; trees crops or facilities planted or constructed after the butiletining of land requisition scheme wvill not get compensation. Ningbo Compensation Rate for Land Requisition and Labor Resettlement 33 Temporary Regulations stipulates, Article 1 As for land requisition, compensation should be paid on the base of original purpose of the land. Compensation for land requisition includes land compensation resettlement subsidy and compensation for ground attachments and greenseedlings. Land compensation is owned by country collective organizations; and compensation for ground attachments and greenseedling belongs to proprietor; resettlement subsidy for land requisition is used to settle the labors particularly, which cannot be embezzled. Article 2 As for suburb land to be requisitioned, land compensation is 8 to 10 times of annual production of the land. As for plowland in other place, land compensation is 6 to 8 times of annual production of the land. As for non-plowland, land compensation should generally be less than half of compensation for plowland. Article 3 Resettlement subsidy for plowland requisition is calculated according to agricultural population to be resettled, which is calculated by quantity of land to be requisitioned dividing average plowland per person before resettlement. Article 4 As for suburb plowland to be requisitioned, resettlement subsidy for every agriculture population needing to be settled is 5 to 6 times of annual production of tha land. As for plowland in other place, resettlement subsidy for every agriculture population needing to be settled is 4 to 6 times of annual production of tha land. Resettlement subsidy for per ha requisitioned land cannot exceed 15 times of annual production of last year before resettlement. As for non-plowland, resettlement subsidy should generally be less than half of resettlement subsidy for plowland. Article 5 If land compensation and resettlement subsidy, paid according to 34 above stipulations, can not guarantee resettled peasants keep original living level, resettlement subsidy can be increased afte!r getting approval from Province Peoples' Government. But total of land compensation and resettlement subsidy cannot exceed 30 times of average annual production of past three years before resettlement. Compensation for House Demolition Urban House Demolition Administriative Regulations stipulates, Article 23 Compensation methods of cash compensation and property exchanging can be adopted Article 24 Sum of cash compensation is decided by location function and construction acreage etc.of demolished house, and is paid at valuation price in real estate market. Detailed measures are formulated by Peoples' Government of Province Municipal. Ningbo House Demolition for Urban Construction Acdministrative Implementing Detailed Rules stipulates, Article 19 As for public-owned houses managed by house demolition real estate management departments or organizations enterprises or caste etc., the following measures for resettlement can be chosen. (1)the demolishers discount house for resettlement to corresponding house purchasing fund, which is for users to choosing and buying house for resettlement individually (hereinafter self-choosing resettlement for short); (2)The demolishers provide house for resettlement to users directly (,hereinafter direct resettlement for short). Three-district house for resettlement means that grade 4 and houses in living community in a litter far place. Grade of location for resettlement house of counties (cities) and Zhenhai district Bailun district is regulated by local 35 peoples' government. Ningbo Collective-owned Land Requisitioned House Demolition for Urban Construction Administrative Methods stipulates, Article 18 Methods for resettlement of movement and reconstruction or property exchanging are adopted for house demolition. Movement and reconstruction for resettlement means that demolishers provide cost for movement and reconstruction, mutil-storied buildings for resettlement of the demolished are built by organizations, whose land are requisitioned, or the demolished construct house for resettlement by themselves. Property exchanging for resettlement means the demolishers provide living houses for exchanging property, in this way the demolished is resettled, or the demolishers provide corresponding house purchasing fund to let the demolished choose and purchase houses by themselves. Article 19 Except for the households, who construct houses individually, the demolished households, whose original acreage is in 250m2, will be resettled with original acreage; the demolished households, whose original acreage is more than 250m2, will not get corresponding resettlement for exceeding parts and get corresponding economic compensation. The demolished, who have several houses in one being demolished area, will get resettled according to sum-up of acreage of all houses. As for the demolished, who get housing plots legally before resettlement, did not demolish old house according to regularions, the old house will not get compensation, which should be demolished by himself in stated demolition term. 36 Article 20 As for the demolished, who are settled by constructing mutil-storied buildings together, they should abide to follwing regulations: 1.The demolishers shall sign contract entrusting to construct houses for resettlement with organizations, whose land are requisitioned, and provide fund for house construction and necessary supportin(g facilities; 2.Organizations, whose land are requisitioned, are responsible for getting land usage procedures and approval procedures for house construction; 3.Price settling methods for houses for resettlement: as for the part of new house, which is equal to old house, it is calculated at building cost of new house and it is calculated at the combination of displacement cost with new degree of old house, then settle the balance; as for the part of new house, which is over than that of old house, it is settled by entrusted building cost of new house. NPB and NREAB Approval of Examing Resetrlement House Price and Related Costs for Urban Construction in Cicheng Town, Hongtang Town and Zhuangqiao Town 1. Relevant price and cost in house dernolition resettlement (1) The compensation price is decided according to replacement price, house ages and price adjusting coefficient. (2) The price of resettlement house The average price of commercial house termed in this approval is the average standard price of second-class brick-concrete commercial house. The price is decided by Cicheng Town, Hongtang Town and Zhuangqiao Town after refering to Methods and Details and it is used in calculating house 37 purchasing fund for those who decide resettlement by themselves. (3) Resettlement fee including 1) move subsidy;2) compensation for hydroelectric facilities; 3) compenstion for telephone move; 4) compensation for CATV move; 5) compensation for enclosure; 6) compensation for building for bike. 2. Relevant price and cost in non-living house demolition resettlement (1) The compensation is decided by the project's property, the usage and structure level of the demolished house. (2) Economic subsidy: if the production, business and work are affected by demolition, the owners will get economic subsidy, which is decided by the construction acreage, the houses' usage and ect. (3) Facility compensation: if the facilities are affected, facility compensation is calculated with the houses' construction acreage. 4.2.4 Responsibilities Land Administration Law of P.R.C Article 66 Land Administration department of the people's government at or above the county level shall supervise over and inspect violations of laws and regulations governing land administration. Supervisors over and inspectors of land administration shall be familiar with the laws and regulations governing land administration and they shall be devoted to their duties and enforce laws impartially. 38 Article 70 Where, in the course of supervision and inspection, land administration departments of the people's government at or above the county level find any violations by State functionaries and believe that administrative sanctions need be given to such functionaries, they shall deal with such violation in accordance with law; if they have no right to do so, they shall propose in writing to the administrative supervision departments of the people's governments at the corresponding or a higher level that administrative sanctions be given to the functionaries, and the administrative supervision departments concerned shall deal with the violations in accordance with law. Article 79 Whoever embezzles or misappropriates the compensation or other relevant charges paid to a unit whose land is requisitioned, if the violation constitutes a crime, shall be investigated For criminal responsibility in accordance with law; if the violation is not serious enough to constitute a crime, he shall be given administrative sanctions in accordance with law. Urban House Demolition Regulation Article 5 The unit who demolishes the house shal, in accordance with this regulation, compensate and replace the perscns whose houses are demolished. And the people should submit themselves to the need of the city construction and move out with the given period. Article 6 The Real Estate Administration Departmert of the State council is in charge of the national urban house demolition. The Real Estate Administration Departments of the people's government at or above the county level or the departments authorized by the (government are in charge of the urban house demolition in their own regions. 39 Article 7 The people's governments at or above the county level should strengthen their leadership on the urban house demolition. Ningbo House Demolition for Urban Construction Administrative Methods stipulates, Article 4 Ningbo Real Estate Administrative Bureau is the department, who is in charge of house demolition in the city. Counties (cities) and real estate administrative departments of Zhenghai district Bailun district are responsible for house demolition in respective area. Ningbo Real Estate Administrative Bureau are responsible for administration of urban house demolition of Haishu district Jiangdong district Jiangbei district (hereinafter three-district for short). The leadships, of house demolitionin urban area, need to be strengthened by the peoples' government at over county level. Administrative departments and street offices of police urban construction planning land finance and tax price duty water-supply electricity-supply post telecommunication etc should undertake their own duties, cooperating with house demolition administrative departments to do it well. Article 7 The demolishers should pay compensation and resettle the demolished according to this method. The demolished should abide to the need of city construction and move in stated term. Organizations of the demolished and superior departments should cooperate with the demolished to complete movement well. 40 4.3 Resettlement Policies of the Project All the resettlement policies carried out in this project are under resettlement policies of P.R.C, of Zhejiang People's Government, of Ningbo People's Government, of Cicheng People's Government and of the World Bank. 4.3.1 Resettlement Policies of House Demolition Resettlement policies in this prject are: (1) cash compensation; (2) offering resettlement house; (3) offering low rent house for the poor and etc. Resettlers can choose the favorite program according to their economic conditions and different needs. In cash compensation program, the compensation is calculated by the replacement price of the demolished house pluses the land price. The acreage confirmation in property exchaiging program: for each household, if the construction acreage of dernolished old houses is within 250m2, they will be resettled with their origina house acreage; if the construction acreage is above 250m2, the excess part will not be exchanged but be cash compensated. Price calculation method in property exchanging program: in new house, for the part with equal construction acreage to tlhe old house, the new house will be calculated by basic cost while the old house evaluated by replacement price; for the excess part, the part within style is calculated by costing price and above style is calcualted by cornmercial house price. 41 Evaluation First, the demolished houses should be evaluated according to replacement price by capable real estate evaluating agency; then the cash compensation rate is decided by cash compensation standard price (details can be seen in chapter 5) issued by government at the time of demolition licence granted and the location, construction sturcture, acreage, storey and decoration combined. Moreover, before deciding the real estate market evaluating price, the evaluating agency should listen to the demolished resettler's opinion. Resettlement Policies After getting cash compensation, the demolished resettlers can choose among purchasing commercial house, purchasing resettlement house and renting low rent house offered by government, which is all up to them. (1) If they like, the demolished can buy commercial house in urban district in Ningbo, or buy villa in suburb or even buy house in other cities. This project will not interfere in their decisions. (2) The demolished can also choose the resettlement house offered by government. Because the price of resettlement house and the price of house in demolished acreage is equal, the demolished can buy the resettlement house with the same acreage with house compensation. The demolished have right to ask the demolisher to offer the resettlement house with acreage not less than their demolished houses. And for the excess part, the part within style is calculated by costing price and above style is calcualted by commercial house price. 42 (3) For the poor households, who only have one house and the construction acreage of demolished house is less than 45m2, compensation fund will be offered. The rate will be calculated axcording to the formula: (45m2-the demolished house acreage, 400/o of local demolition compensation standard price After getting compensation, resettlers can buy whole set houses with construction acreage 45m2, for those who can't afford to buy commercial houses and resettlement houses, government will offer them low rent houses. The Subsidy Policy during Move For the move with facilities like telephone and CATV, remove fee is issued according to each department's real rate. Move subsidy: calculated by origianl construction acreage, if less than 1OOm2, each household will be subsidized RMB200, if more than lOOm2, the excess part will be subsidized one more yuan for 1 m2. Move award: the demolished will be awarded RMB500 for finishing move within set time. Transition method: if the temporary transition is needed, transition fee will be issued with once compensation RMB10 for 1M2, the period is 3 monthes calculated from handing in old house's key to lotting new house. If the real period is more than 3 monthes, the demolisher should negotinate with the demolished. 43 Other Policies (1) The APs are free of tax, handling fee for House Certificate and Land Certificate and Lawsuit fee. (2) The demolisher should help resettlers with relevant formalities like registered permanent residence modification and children's transfer from one school to another. (3) Offer help to vulnerable groups. 4.3.2 Resettlement Policies of non-living houses The compensation for non-living houses is composed of house compensation, facility compensation and subsidy during move. Resettlement policies are cash compensation, property exchanging and etc. APs can choose resettlement program by themselves. Evaluation First, the demolished non-living houses should be evaluated according to replacement price by capable real estate evaluating agency; then the cash compensation rate is decided by cash compensation standard price (details can be seen in chapter 5) issued by government at the time of demolition licence granted and the location, construction sturcture, acreage, storey and decoration combined. Moreover, before deciding the real estate market evaluating price, the evaluating agency should listen to the demolished resettler's opinion. 44 Resettlement Policies After getting cash compensation, the shops' owners can buy shops as they like. And the demolished enterprises and institutions can rebulid on the land offered by demolishing department free of charge. As far as their employees, during rnove, *their rights and interests like salary, medical and social insurances, bonus and allowance won't be affected. The Subsidy Policy during Move Economic subsidy: once compensation like loDss of stop work, stop production and transition fee. The sum is calculated with construction acreage: for enterprises and institutions, the rate for production and business house is RMB20-30/m2 and rate for warehouse is RMB10-20/M2; for shops, taking the location into account, RMB200-400/m2 is for the part less than 20m2, RMB100-300/m2 is for the part between 20-5Cm2, RMB30-200/m2 is for the part between 50-1OOm2 and RMB20-1OO/m2 is for the part above 1OOm2. Facility compensation: including facility move fee and move compensation. The sum is calculated with construction acreage: for enterprises and institutions, the rate for production and business house is RMB30-40/m2 and rate for warehouse is RMB1 0-20/M2; for shops, the rate is RMB20/m2. 4.3.3 Policies of Land Requisition Compensation and Labor Resettlement Policies of Land Requisition Compensation (1) If there is land requisition, compensation should be paid according to the lands' original use. The compensation is composed of land compensation, 45 resettlement subsidy and compensation for ground attachments and greenseeding. Land compensation belongs to country collective economic organization, while compensation for ground attachments and greenseeding belongs to owners. Resettlement subsidy must be used to resettle labors with lands being requisitioned, which mustn't be embezzled. (2) If the farmlands in city and suburb are requisitioned, the compensation is calculated 5-6 times of the lands' annual production. And for other farmlands requisitioned, the rate is 4-6 times of the lands' annual production. (3) Resettlement subsidy for requisitioning farmland should be calculated with agricultural population needed to be resettled. And agricultural population is calculated by this formulation: total acreage of land requisitioned/land acreage per capita. (4) If the farmlands in city and suburb are requisitioned, resettlement subsidy for each agriculatural person needed to be resettled is 8-10 times of the lands' annual production. And for other farmlands requisitioned, the rate is 6-8 times of the lands' annual production. (5) After the land compensation and resettlement subsidy being paid according to proceding regulations, if the peasants needing to be resettled can't remain original living standards, the resettlement subsidy can be increased with provincial government's approval. But, the sum of these two parts shouldn't surpass 30 times of requisitioned land's annual production. (6) Agreed by 2/3 villagers, land compensation can be used as all villagers' welfare. Policies of Labor Resettlement (1) With 2/3 villagers' approval, resettlement subsidy will be issued to 46 affected labors, who can use the subsidy to continue their present occupations or to develop private business. (2) Around the affected villages, there are many enterprises. Because neighboring Ningbo, their economic benefits are pretty good. All these enterprises agree to offer some positions for the affected labors. (3) All labors affected in this project will get proper resettlement. Other Policies (1) The APs are free of tax, handling fee for House Certificate and Land Certificate and Lawsuit fee. (2) The demolisher should help resettlers with relevant formalities like registered permanent residence modification andi children's transfer from one school to another. 4.3.4 Compensation Policies of Affected Ground Attachments After the compensation for affected infrastructure and ground attachments being paid by project organizations to organizations having the property rights, then they are responsible for reconstruction and rehabilitation. The compensation rate in this project is formulated according to the above policies, local conditions and World B3ank requirements. Details can be seen in chapter 5. Once there is qusetion, the demolisher should negotiate with the demolished to resolve it. 47 4.4 Relevant Policy For all the sub-projects in this environment improvement work, no matter the sub-project use World Bank Loan or not, it is subject to the compensation policy and compensation rate in this report only if it involves land requisition and house demolition. 48 5 Compensation Qualifical:ion ancl Rate Compensation rate, according to provisions of legal framework and combining with real condition of Cicheng district, for all kinds of affects induced by the project are as follows. 5.1 House Demolition All kinds of houses compensated accc,rding to displacement price(including land price), compensation rate can be seen from Table 5-1 Table 5-1 Compensation Rate for Houses and House Attachments Unit: yuan/unit Item Unit Compensation Rate Land Price 475 House Compensation Brick-Concrete m2 510 Brick-timber m2 360 Simple D_m_ _L 140 Attachments l _ Telephone l _tel L_108 CATV household - _ 300 Others l _L Move Subsidy household 300 Transition Fee m2 10 Hydroelectric Facilities Compensation household 30 Award household L 49 5.2 Enterprises and Institutions Demolition Compensation for enterprises and institutionss includes compensation for production and operation houses and offices and warehouses move subsidy and loss of enclosure. Compensation rates are showed in Table 5-2. Table 5-2 Compensation Rate for Demolished Enterprises and Institutions Item Unit Compensation Rate Land Price m2 225 House Compensation Production and Business House Brick-Concrete m2 510 Brick-Timber m2 360 Office and Warehouse Brick-Concrete m2 510 Financial subsidy l Production and Business House m2 20 Office and Warehouse m2 15 Installation Compensation l Production and Business House m2 30 Office and Warehouse m2 15 5.3 Shops Demolition Compensation for shops includes compensation for house (land price included), move subsidy and loss of enclosure. Details are showed in Table 5-3. Table 5-3 Compensation Rate for Demolished Shops Item Unit Compensation Rate Land Price m2 1168 Brick-Concrete m2 510 Financial Subsidy m2 120 Installation Compensation m2 20 50 5.4 Collective-Owned Land Requisition Cicheng is a remote town of Jiangbei districl, Ningbo city, 12km far away from Jiangbei district, Ningbo city . AccordinIg to Land Administrative Law of P.R.China and Ningbo Temporary Regulations on Compensation Rate for Land Requisition and Labor Resettlement combined and indicated by field work, the average production of paddy field in three years in the requisitioned acreage is RMB1500/mu, after consultation with the VC, the results of the rates of land requisitioned are showed in Table 5-4. Table 5-4 Compensation Rate for Land Requisitioned Permanently Unit: yuan/unit Item Llnit Compensation Receiving party rate Land Compensation mu 15000 VC Resettlement Subsidy mu 15000 VC Compensation for Greenseeding rnu 800 Affected households Farmland Reclaiming Fee mu 12006 LAB Water Conservancy Construction mu 400 FB Fund Unpredictable fee mu 2401 FB Land Requisition Administrative mu 3602 LAB Fee Total mu 49209 5.5 Temporary Land Occupation According to Regulations of Ningbo on Temporary Land Occupation, compensation has to be paid for greenseedlirg. On the principle of compensating in accordingly affected period, the rate is decided by the annual land production. Once the occupation is over, land restoration is organized by construction unit. In this project, cornpensaticn for greenseeding is 51 RMB800/mu. Relocation fee is calculated three times of annual production and administrative fee is 4% of greenseeding fee and relocation fee combined. The details of rate can be seen in Table 5-5. Table 5-5 Compensation Rate for Temporary Land Occupation Unit: yuan/unit Category Greenseeding Relocation Fee Administrative Total Fee Fee Paddy Field 800 2400 128 3328 Receiving Villager VC Organization of Party Relocation 5.6 Ground Attachments Compensation rate for all kinds of attachments is shown in Table 5-6. Table 5-6 Compensation Rate for Attachments and Infrastructure Unit: yuan Item Unit Rate Public Toilet toilet 20000 10 kv Electrical Pole Pole 2000 380v Electrical Pole pole 1200 Bridge bridge 200000 Road m2 60 Machine-Ploughed Road m2 20 Supplying Water Pipeline m 300 Drainage Pipeline m 300 Communication Cable m 30 Lawn and Flower Terrace m2 50 Water Pipeline m 300 Vegetable Greenhouse m2 50 Big tree tree 100 Mid-tree tree 45 Sapling tree 15 Bush trunk 10 52 6 Resettlement Measures 6.1 Principles * To optimize the design and keep the project away from area with much population, multi-story high builclings, to recluce quantity of demolition as much as possible, and to minimize the involuntar/ resettlement; * To minimize implementation period and reduce temporaty land occupation and minimize its impact on peasants and shops. * To carry out involuntary resettlement as a component of the project, to provide adequate funds for APs and to ensure that they can benefit from the project; * To pay the APs all the compensation fees before they move out; * To encourage APs to take part in compilation of RAP and resettlement. And their opinions will be taken into considerationi. * To improve APs living standards or at least restore their former living standards. * To offer favor to vulnerable groups 53 6.2 Resettlement for House Demolition Cicheng environment improvement works need to demolish 337 households, total 1214 persons in 7 villages of Cicheng Town and the acreage is 43749m2. Resettlement policies in this prject are: (1) cash compensation; (2) offering resettlement house; (3) offering low rent house for the poor and etc. Resettlers can choose the favorite program according to their economic conditions and different needs. In cash compensation program, the compensation is calculated by the replacement price of the demolished house pluses the land price. The acreage confirmation in property exchanging program: for each household, if the construction acreage of demolished old houses is within 250m2, they will be resettled with their original house acreage; if the construction acreage is above 250m2, the excess part will not be exchanged but be cash compensated. Price calculation method in property exchanging program: in new house, for the part with equal construction acreage, the new house will be calculated by basic cost while the old house evaluated by replacement price; for the excess part, the part within style is calculated by costing price and above style is calcualted by commercial house price. Evaluation First, the demolished houses should be evaluated according to replacement price by capable real estate evaluating agency; then the cash 54 compensation rate is decided by cash compensation standard price (details can be seen in chapter 5) issued by governrnent at the time of demolition licence granted and the location, construction sturcture, acreage, storey and decoration combined. Moreover, before deciding the real estate market evaluating price, the evaluating agency should listen t:o the demolished resettler's opinion. Resettlement Policies After getting cash compensation, the demolishecd resettlers can choose among purchasing commercial house, purchasing resettlement house and renting low rent house offered by government, which is all up to them. (1) If they like, the demolished can buy commercial house in urban district in Ningbo, or buy villa in suburb or even buy hoLIse in other cities. This project will not interfere in their decisions. (2) The demolished can also choose the resettlement house offered by government. Because the price of resettlement house and the price of house in demolished acreage is equal, the demolished can buy the resettlement house with the same acreage with house compensalion. The demolished have right to ask the demolisher to offer the resettlement house with acreage not less than their demolished houses. And for the eKcess part, the part within style is calculated by costing price and above style is calcualted by commercial house price. (3) For the poor households, who only have one house and the construction acreage of demolished house is less than 45m2, compensation fund will be offered. The rate will be calculated according to the formula: 55 (45m2-the demolished house acreage) 40% of local demolition compensation standard price After getting compensation, resettlers can buy whole set houses with construction acreage 45m2, for those who can't afford to buy commercial houses and resettlement houses, government will offer them low rent houses. For the move with facilities like telephone and CATV, remove fee is issued according to each department's real rate. Besides, resettlers can get move subsidy, award and transition fee. House resources are abundant in Cicheng real estate market and they scatter in each community and there are markets around each affected area. When the demolishees get compendation (including land price), they can buy houses in according location of Cicheng. Besides, implementation agency offers adverse house resources for choice. Like Xinlian community, built by DCCG the total construction acreage is 42000m2. In order to meet different needs, there are adverse styles in community and the small style on the first floor is for the elderly's favour. Apart from coordinated facilities like water, electricity, gas, transit, telecommunication and CATV, in community, school, post office, saving office, market, bus stop and hospital are also built to make residents' life eazier. So resettlers can choose their new houses in this community freely. 6.3 Resettlement for Shops Fieldwork indicates that 27 shops were demolished by sub-projects and affected acreage is 1181 m2 and affected population is 51. All the operation houses have similar characterizes: (1) most are living houses near road or 56 river; (2) most are operated by the owner and employees are basically family members; (3) the main business is commodity and restaurant. In socioeconomic survey, an overall survey has also been conducted on shops' resettlement inclination. Ultimately, on considering the concrete condition of shops' location, RDD under PO and shops' owners agreed to adopt cash compensation. For demolishees of cash compensation, PO is responsible for publish the shop market's latest news to resettlers, so they can choose operation places freely. After demolition, owners will get house compensation (including land price), move subsidy and loss of enclosure. Also they can buy operation houses of same acreage in same location with compensation (RMB1918/m2) in Cicheng Town. The demolishees will restart business in new places and the original works (fixed employees and temporary helpers) wil work in new places too. Loss of move and enclosure and the Icss because of chaged operation condition both will be rational compensated. Table 6-1 Stastics of Business House Price in Cicheng Town Price Remark Structure Along Main Road Non-main Road Steel-concrete 1845 1360 Brick-concrete 1650 1200 Brick-timber 1385 1055 Timber 1325 985 Simple 1100 755 57 6.4 Resettlement for Enterprise's and Institution's Collective-Owned House There are 23 enterprises and institutionss demolished and total acreage is 13336m2, of which production and operation house is 13336m2 and 131 86m2 of it is Brick-Concrete house, affected employees are 443. Resettlement program is showed in Table 6-1. 2 of these 23 enterprises and institutionss are partly demolished, which doesn't affect their production and operation. Cash compensation is agreed after consultation. As far as their employees, during move, their rights and interests like salary, medical and social insurances, bonus and allowance won't be affected. 2 of the totally demolished institutions will be relocated in Cicheng by property exchanging. Overall servicing scope analysis of each enterprise and institution was also conducted during socioeconomic survey. Demolished units decide to change or reconstruct according to demolition degree and resettlement condition. They should start reconstruction in advance and try to build houses before demoliton. For some utilities with wide influence like water factory and hospital, the retrieve of their functions is most important, in order to remain the original service meshwork, generally they should be reconstructed at neighborhood. 21 enterprises and institutionss will be totally demolished. According to the overall planning of Cicheng Town, the demolished enterprises and institutionss will be relocated in Private Industry Park in Jiangbei District or cash compensated if the owners agree. The enterprises, which choose cash compensation will get house compensation (land price included) and facility compensation paid by once 58 and subsidy for rebuild. Those who choose property exchanging will be installed in industry park, then they rebulid office building on the land offered by demolition department free of charge. The enterprises choosing be installed in industry park can get land without payment and rebulid houses by themselves. Located outside the Nanmen of Cicheng, the Private Industry Park in Jiangbei District was built in 1993 by ZhafLI County while planning land. The Parkis about 1 kilometer away from downtown, transport is convient and facilities are complete. The first stage of the Parkoccupies 0.58 square kilometre and has been put to use. Managemenit department is about to build the second stage, the planning acreage is 1 square kilometre and it will be formally put to use in 2003. The second stage can accommodate 80 enterprises and institutionss and institutes. Affected enterprises and institutionss moving to the Parkwill enjoy favourable policy. Table.6-2 Resettlement Measures for Enterprises and Institutions Name Affected Resettlement Resettlement Site Degree Method Cicheng Hospital of Cidong Overall Rebuild In Cicheng Town Branch Demolition Other Land Jiangbei District Razor Blade Overall Rebuild In Cicheng Private Factory Deniolition OthE r Industry Park Land Yudong Gear Iron Company Overall Rebuild In Cicheng Private Demolition Other Industry Park Land Cicheng Biochemical Reagent Overall Rebuild In Cicheng Private Factory Demolition Othsr Industry Park Land Fusite Biochemical Manufactory Overall Rebuild In Cicheng Private Demolition Other Industry Park Lan i Cicheng Water Factory Overall Rebuild In Cicheng Town Demolition Other Lan d Cicheng Hospital of Cidong Overall Rebuild In Cicheng Private Branch Dernolition Other Industry Park Land 59 Name Affected Resettlement Resettlement Site Degree Method Dongmen Watchband Factory Overall Rebuild In Cicheng Private Demolition Other Industry Park Land Cicheng Coal Manufactory Overall Rebuild In Cicheng Private Demolition Other Industry Park Land Cicheng Iron Manufactory Overall Rebuild In Cicheng Private Demolition Other Industry Park Land Xingdi Razor Blade Factory Overall Rebuild In Cicheng Private Demolition Other Industry Park Land Dongfeng Hardware and Plastic Overall Rebuild In Cicheng Private Factory Demolition Other Industry Park Land Changzheng Plastic and Electrical Overall Rebuild In Cicheng Private Equipment Factory Demolition Other Industry Park Land Dongmen Watchband Factory Overall Rebuild In Cicheng Private Demolition Other Industry Park Land Jiangbei District Razor Blade Overall Rebuild In Cicheng Private Factory Demolition Other Industry Park Land Yudong Gear Iron Company Overall Rebuild In Cicheng Private Demolition Other Industry Park Land Cicheng Biochemical Reagent Overall Rebuildig In Cicheng Private Factory Demolition The Foreign Industry Park Land Fusite Biochemical Manufactory Overall Rebuild In Cicheng Private Demolition Other Industry Park Land Cicheng Water Factory Overall Rebuild In Cicheng Private Demolition Other Industry Park Land Cicheng Iron Manufactory Overall Rebuild In Cicheng Private Demolition Other Industry Park Land Kaifa Company Overall Rebuild In Cicheng Town Demolition Other Land Food Machine Factory Overall Rebuild In Cicheng Town Demolition Other Land Food Management Bureau Overall Rebuild In Cicheng Town Demolition Other Land Cijiang Stainless Steel Factory Overall Rebuild In Cicheng Private Demolition Other Industry Park Land Fanyun Clothes Factory Overall Rebuild In Cicheng Private Demolition Other Industry Park Land 60 Name Affected Resettlement Resettlement Site Degree Mlethod Wangweikang Hardware Factory Overall Rebuild In Cicheng Private Demolition Other Industry Park Land Wugenhua Clothes and Hardware Overall Rebuild In Cicheng Private Factory Demolition Other Industry Park Land Yuanfanhua Clothes Factory Overall Rebuild In Cicheng Private Demolition Other Industry Park Land Architecture Vocational School Partly Cash Demolition Compensation Plastic Manufactory Overall Rebuild In Cicheng Private Demolition Other Industry Park Land Jinming Hardware Factory Overall Rebuild In Cicheng Private Demolition Other Industry Park Land Machinery and Hardware Factory Overall Rebuild In Cicheng Private Demolition Other Industry Park Land _- 6.5 Resettlement for Land Requisition Land requisitioned permantly in this project is 74.4mu and are all paddy field. Affected villages are Dongzhencun, Nanmencun, Dongmencun, Cihucun, Beimencun and Qinfengcun. The acreage of cultivated land requisitioned is 57.3mu accounting for 4% of all the cultivated land. The total production of these 6 villages in 2001 is RMB103.6426 million, among which the total industrial production is RMB76.7064 million (74%/',) and total agricultural production is RMB20.1378 million (19%) and the production of the third industry is RMB6.7984 million (7%). Average income per capita is RMB4678 and agriculture's, industry's and the third industry's contribution to it are 12%, 78% and 10%. Since peasants' income mainly comes from industry income and those affected by land requsition have basically been employed in enterprise or have run the third industry, land requisition doesn't affect them too much. 61 Table.6-3 Effects of Land Requisition and Compensation Population Cultivated Affected Affected Land Land Population labors Compensation Resettlement Cultivate Permanent Subsidy(ten County Land per land thousand Town Village capita Requisition yuan) 535 403. Cicheng Dongzhencun 5 40 0.75 15 Dongmencunj 700 280 0.40 34.8 Beimencun 675 462 0.68 33.18 . ~~535 403 Qinfengcun 535 40 0.75 43.8 Nanmencun 685 420 0.61 38.4 Guoqingcun 1763 28 1.31 6.6 Total 57.3 56 171.78 The village can get land compensation and resettlement subsidy RMB1.72million. Approved by 2/3 villagers, the land compensation can be use as villagers' welfare and resettlement subsidy can be distributed among affected labors, they can develop private business or work for an company. Besides, around the affected villages, there are several industies. Having the advantage of neighboring Ningbo City, their economic benefits are pretty good. All these enterprises promise to offer positions in case of need. The basic condition of these enterprises can be seen from Table 6-4. Table.6-4 Basic Situation of Some Neighboring Enterprises Production Value(ten Profit(ten Tax(ten Employe Annual Wage of thousand thousand thousand Name e Employee(yuan/year) yuan) yuan) yuan) Cicheng Electron Component Factory 9 6000 42 3 4 Art Watch Factory 35 6000 100 8 10 Shunli Motor Repair Factory 15 8000 35 3 3 62 Sunli Dress Company 75 10000 350 20 25 Wangming Stationery Factory 12 7000 _ 65 23 7 Buiding Material Factory 20 6500 120 42 10 Jinming Hardware Factory 8 8000 10 1 5 1.45 6.6 Resettlement for Temporary Land Occupation Temporary land occupation involves 6 villages in Cicheng Town and the acreage is 46.8mu, 36.5 of which is collective-owned land. According to greenseeding compensation rate for temporary occupation, the compensation for per mu is RMB800. In this project, ternporary occupation lasts 3 months (one season, and over one season being calculated as two seasons), calculated by one season's land production, the loss is about RMB400/mu, so the compensation is above actual loss, villagers' life don't suffer from the temporary occupation. As regards the resettlement, an initial agreement has been made between affected villages and implementation agency, construction team is responsible for trimming the hillock and loosening the soil pressed by constructing machine. Implementation agency pay recultivation fee to each village and each village themselves take charge of water conservancy facility and land reconstruction. All these are writl:en into temporary land occupation agreement so as to nail down each party's responsibility in law and assure the recultivation of these lands. 6.7 Rehabilitation of Vulnerable Groups During socioeconomic survey, NLJIPO also conducted survey on vulnerable groups, There are 3 affected vulnerable groups, 2 of which, totally 63 4 persons are unable to work because of old age; in another household, 3 persons suffer from chronic diseases. Their houses, totally 158m2 are demolished because of the project. They will move into Xinlian community under the help of VC. 28 households with 69 persons can't buy small modle house for their demolished house acreage is less than 45m2, so they will be offered compensation fund. The rate will be calculated according to the formula: (45m2-the demolished house acreage) 40% of local demolition compensation standard price After getting the compensation, resettlers can buy resettlement house with the acreage of 45m2, if they can afford to buy commercial housing or resettlement house, the government will offer them low rent house. 6.8 Restoration for Infrastructure and Ground Attachments Affected Compensation for affected infrastructure and ground attachments were paid to organizations, who has the property rights, by project organizations, The organization, who has the property rights, are responsible for reconstruction and rehabilitation. 6.9 Intergration with Host Residents The households affected by the project are the residents in urban and suburban districts of Ningbo. Customs of living and production, social and cultural backgrounds of them are the same as those of other residents in Ningbo. 64 When the residents affected get new hoises through property exchanging, they will take their work, living and all kinds of social relations into consideration. So did other residents who have lived in the residential sub-districts. Therefore, it is easy for APs and original residents to live together. Based on the above analysis, a conclusion can be drawn that the relocated people should have no problem integrating with the host residents. 65 7 Public Participation 7.1 Participation Strategy According to the resettlement and rehabilitation policies and regulations on state, province and municipal level, in order to defend APs' and AUs' legitimate rights, to decrease dissatisfaction and dispute, to draw up well related policies, details and resettlement plan further and to fulfil the resettlement task, the opinions of APs are widely collected in the resettlement policy developing, planning compiling and implementation stage. While conducting feasibility study, PO has asked Ningbo municipal government, Cicheng town government, NPC, PC, the mass, the demolished persons and VCs of seven affected villages for their suggections for several times. From Aprial to May 2002, PO organized persons to survey the housing and socioeconomic conditions in affected areas. The relevant resettler's representatives participated into the survey and brought forward their thoughts about the project scheme, compensation and resettlement, which have been taken into enough account in project planning and resettlement plan formulating. From August to Sptember 2002, Project Office organized special survey team to conduct overall survey on the affected material indicators. By house to house survey, all representatives participated in the work. Survey team also listened to VC and representatives' opinions on demolition and rehabilitation 66 and negotiated with them. Overall and participatory survey laid a foundation for the establishment of RAP. In the future, the following procedures and methods will be used to encourage public participation and consultation: (1) Resettler's representative participate in resettIement Representatives will be selected out by proportion. They are responsible for cooperating the VC to ask for resettlers' opinions, listening to reasonable suggestions and communicating periodicaly. In the process of surveying houses and attachments, deciding compensation rate, negotiating agreement on compensation and resettlement, constructing and allocating resettlement houses, VC and representatives can choose some to participate to reflect resettlers' benefits and opinions to assure fairness, rationality and transparency (2) Owners negotiate with the demolished persois to decide resettlement program. (3) Choosing house by drawing staws publicly For those who choosing property exchanging prDgram, houses' allocation are conducted publicly. Demolition agency organizes demolishers, the demolished persons, HDAO, Police Station, representatives to open house choosing meeting, where house number, location, storey are all announced. After drawing staws, resettlers get houses according to numbers, and the results will be notarized by municipal notary. (4) Open consulting meeting 67 A meeting will be opened six monthes before demolition. The demolished persons, VC, and women representatives will all participate in it, where they will be informed with project's information and speak out their suggestions. (5) Open the mass meeting This meeting is made three monthes before demolition. The aim is to illustrate relevant policies, regulations, compensation rates and resettlement programs to the mass, so they can understand all the information better and make good preparation. (6) Propagandize demolition policies by media. (7) Publish dimolition bulletin. Main contents: brief description of the project, demolition affected area, resettlement policies (compensation rate included), organizations responsible for resettlement, schedule of move, rights and obligations of resettlers, complaint, monitoring and evaluation. (8) The open of resettlement plan Before evaluation, the resettlement plan, which has been checked by the World Bank, should be put in Ningbo Urban Construction Investment Administration Office and library and be published on local prime newspapers, so resettlers and NGOs can consult the plan easily. (9) Information booklet Before implementation, DO sent out the information booklet to the affected villages. APs can get the booklet from VC. The main contents of this booklet are: project's brief description, project's effect, compensation policy, 68 exectuive agency, complaint channel and etc. 7.2 Public Opinion Survey In September 2002, NUIPO organized public opinion and suggestions survey The survey results show that, in 120 surveyed households, 71% knew the construction of project, 22% did riot know the project well; 89% approved the project, 11% was indifferent; all the surveyed households thought it was beneficial to country and collective, 680% thought it was beneficial to individuals; 41% thought environmental po lution leading to economic loss, 53% thought it affected investment environment, 56% thought it affected living and work seriously; 83% knew or knew a little about policies of land requisition and demolition and resettlemenit. And in the process of land requisition and demolition, once their legal rights are impinged, they will turn to appeal. Public opinion and psychology questionnaire can be seen in Table 7-1. Table 7-1 Public Opinion and Psychology Questionnaire No. Questions Answers Results %) - (1) F(2) (3) (4) (5) 1 Do you know that the (1 )Yes(2)Know a little about(3)No 71 29 project will be constructed? 2 Do you agree with the (1 )Yes(2)No(3)1ndifference 89 11 project? 3 Who will benefit from the a) The State(1 )Yes(2)Nc 100 project?(More than one answer can be chosen.) b) The Collective(1 )Yes(2)No 76 24 C) Individual(l)Yes(2) No 68 32 4 Which of the potential (1 )economic loss 61 47 53 26 hazards of environmental (2)affecting commute pollution do you know? (3)deterioration of investment environment (4)smearing the images of Ningbo 5 To what extend does the (1 )have no impacts 13 31 36 20 environment deterioration (2)not serious affect your work and life? (3)rather serious (4)serious 6 Which of the benefits do (1 )improvement of living environment 62 26 21 36 you think you can get from (2)improvement of working environmelt the project? (3)providing employment opportunity (4)benefiting health of body and mind 7 Which of the adverse (1 )have no adverse impacts 38 61 58 8 __ impacts do you think the (2)The project constructio, may affect 69 No. Questions Answers Results(%) ()(2) ()(4) (5) project will have on you? traffic condition. (3)economic loss caused by house demolition (4)decrease of income caused by land requisition (5)other adverse impacts 8 Do you know the policies of (1 )Yes 29 37 34 _ land requisition, house (2)Know a little demolition, resettlement (3)No and compensation? 9 Do you know that you can (1 )Yes 83 17 appeal to the department (2)No concerned when your rights are encroached upon? .__ 70 Table 7-2 The Process of AP's, Public Participation Activity Content Participant Time Place Its effects when Socioeconomic Survey PO and Affected Conducting Summary Of Resettlement Residents, Shops, 2002.4-2 Cicheng Socioeconomic The Scope of Project's Enterprises and 002.9 Town Survey Effect Institutions Initial Consultation The Policy of Compensation PO and DO PO, DO, on Compensation and Resettlement. The (many times) PO 2002.4-2 HAB, LB Policy when Initial Resettlement Program and HAB and LB 002.9 and Preparing (See details in accordingly (many times) PO . Location of Resettlement Plan chapter) and APs APs Further Consultation on Compensation The Policy of Compensation Policy and and Resettlement. Income Relocation Plan Restoration Program (See PO and while Revising details in accordingly 2002.8-2 Location of Resettlement Plan chapter) PO and APs 002.10 APs Additional Consultation on Specific Problems when Decide the Specific Problems about PO and Final Version of Resettlement Policy and Location of Resettlement Plan Program PO and APs 2002.10 APs Table 7-3 the Process of Publishing Policy Publishing Ways and Files Language Date Introduction of the Project Involving Land Requisition Chinese; Ningbo Daily 2002.6 Ningbo House Demolition Chinese; Ningbo TV Station and Resettlement Policy Ningbo Daily 2002.6 Chinese; Send to VC After the World Bank Pamphlet of Resettlement Examination Notice of Publishing Chinese; Post to VC After the World Bank Resettlement Plan Examination Chinese and English; PO, After the World Bank The Report of Resettlement Library Examination 71 8 Procedures of Appealing The project pays special attention to the APs' participation throughout the planning and implementaion process. The procedures are as the following: Stage 1 If any PAP or PAU is aggrieved by any aspect of the resettlement and rehabilitation program, he/she/it can lodge an oral or written grievance with relevant House Demolition Offices directly. Those departments shall reslove the issue within two weeks. Stage 2: If the aggrieved person (unit) is not satisfied with the decision on stage 1, he/she/it can bring the complaint to the attention oi Demolition Department of NBUIDO after the receipt of the decision on stage 1. Stage 3: If the aggrieved person (unit) is not satisfied with the decision of NBUIDO,he/she/it can appeal to NUCC and NPOLG and NUCC and NPOLG should deal with it as soon as possible. Stage 4: If the PAP or PAU is still dissatisfied with the decision, he/she/it can appeal to the People's Court in accordance with Civil Procedure Act after receiving the decision of NUCC and NPOLG. PAP or PAU can make an aoeal for any asDect of the resettlement and rehabilitation oroaram. The appeal process will be known by APs and PAUs by meeting and other ways. 72 9 Organizations 9.1 Implementation Organizations The departments responsible for planning, implementation, management, and monitoring of resettlement activities involved in the project are: * Ningbo Urban Infrastructure Project Leading Group (NUIPLG) * Ningbo Urban Construction and Environment Protection Project Office(NUCEPPO) * Demolition and Resettlement Off ice(DRO) * Ningbo House Demolition Administration Off ice(NHDAO) * Ningbo Land Administrative Bureau(NLNB) * Cicheng House Demolition Administration Office(YHDAO) * Cicheng Land Administrative Bureau(Yl AB) * Villagers'committee involved * Beijing Colored Metallurgy Design Institution(BCMDI) * National Research Centre for Resettlernent (NRCDR) of Hohai University The group leader of NUIPLG is He Jianmin, the vice mayor of Ningbo who is in charge of urban construction, and the vice group leader is Zhang Honhxin, the director of Urban Construction Committee. The members of the group are leaders from Urban Construc:tion Committee, Ningbo Planning 73 Committee, Finance Bureau, Audit Bureau, Planning Bureau, Municipal Public Service Bureau, Transportation Bureau, Environmental Protection Bureau, Land Bureau, Garden Bureau, City Appearance & Environmental Sanitation Bureau, House Administration Bureau, People's Air Defense Office, Ningbo Electricity Bureau, Ningbo Telecommunication Bureau, Ningbo Traffic Management Bureau, Labor Bureau, Civil Bureau, Letters and Appeals Bureau, and the people's Governments of Cicheng District. NUIPLG is responsible for land requisition, demolition, directing the implementation of resettlement, organizing and coordinating, examining the RAP and investigating the internal monitoring. NUIPO is responsible for compilation of RAP and implementation management of land requisition and demolition. DRO is responsible for coordination and management of resettlement implementation. NHDAO is responsible for coordination and management of house demolition and resettlement implementation of the whole city. NLAB is responsible for coordination and management of land requisition and resettlement implementation of the whole city. DCGC is responsible for the making of resettlement plan and execution of land requisition. CHDAO is responsible for execution of house demolition and resettlement implementation in administrative area. CLAB are responsible for land requisition and implementation of resettlement in their own regions. 74 BCMDI is responsible for the design of the project anid defining the scope of demolition. NRCR is responsible for the exiernal monitoring on land requisition, demolition, and the implementation of resettlement. 75 9.2 Organizational Chart |NUIPLGl NLA NHDAO NUEPO InternalI Institution: BCMDI B CLAB DCGC I 2 7 r< . E C) ~ u | DCGC E~~~c 76 9.3 Organizational Capacity 9.3.1 Organization Seniority and Staffing NUIPLG is composed of the leaders 1rom the people's governments at all level and administrative departments of Ningbo. All the leaders have organized much municipal engineering involving resettlement and land requisition, so they have much experience on those respects. In addition, because they come from the people's governments at all levels and many departments, they will well organize and assist each other during the land requisition, demolition and resettlement. The other c,rganizations also consist of staff with much administrative experience on urbari road reconstruction. The resettlement institutions involved in the project are well staffed. The number of regular staff is 37, among which 30 persons are professional workers, accounting for.81%, they are all have fine professional quality. The number of staff at peak hours is 62. Telecommunications among the institutions are very good, which is very important to implement resettlement. The institutions for demolition administration and imnplementation have better transportation, vehicles and communication instruments. Institutions for survey, design, monitoring and evaluation have more advanced computers and their workers are good at operating themri. Institutions for resettlement, monitoring and evaluation have rich experience of land requisition, house demolition and rehabilitation. Table 9.1 shows details of the staffing of the resettlement institution involved in the project. Table 9.2 shows details of the principals of the resettlement institution involved in the project 77 Table 9.1 Staffing of the Resettlement Institutions Involved in the Project Staff at Professional Peak Resettlement Institutions Workers Unit: Hours Qualification of Staff person Unit: person NUIPLG 2 5 Governmental Officials NUCEPPO Engineers, .3 Management Staff DRO Civil Servants, Technicians, 4 8 Workers for Social and Economic Survey NLAB 2 5 Civil servant NHDAO 2 5 Civil servant DCGC 2 3 Technicians CLAB 3 6 Civil servant CHDAO 5 8 Civil servant, Technicians BCMDI 2 8 Senior Engineers and Engineers NRCR, Hohai Univ. 12 6 Professors and Engineers Total 37 62 Table 9.2 Principals of Key Implementing Agencies Involved in Project Organization Title Staff Organization PresentDuty Projects responsible for He Jianmin Ningbo People's Vice Mayor _________ Government NUIPLG Zhan Ningbo Urban All Sub-Projects Hangx Construction Director Hongxin Committee Huang Ningbo Infrastructure Director Shaodi Developing Office Xu Lijun Ningbo Infrastructure Deputy Director All sub-projects NUIPO Developing Office Alsbpoet Xiang Ningbo Civil Weikang Engineering Deputy Director Weikang Preparation Office Wu Xinhua Demolition Office Division Chief Pan Yongyu Demolition Office Division Chief DRO Chen Demolition Office Superintendent All sub-projects Mingming _ _ _ _ _ _ _ _ _ _ Wang Demolition Office Superintendent D ayun __ _ _ _ _ _ _ _ ___ _ _ _ _ _ _ _ _ DCGC Yin Wende DCGC Board Chair Yan Zaitian DCGC President Cicheng ou Yuming DCGC Vise-President Environment Zhang Xuhui DCGC Vise-president EmprovementWorks ____________ Kong Yu DCGC Head CDAO Shi Guoan CDAO Director 78 9.4 Responsibilities of Institutions 9.4.1 NUIPLG * Is responsible for leading, organizing, coordinating, make the policies, review Resettlement Action Plan, implemenl: interior inspection and make decisions on big problems in resettlement. 9.4.2 NUIPO * Entrusts the design institute to define the scope of area impacts * Organizes to conduct socioeconomics survey * Apply land usage planning permission and land usage construction permission from Municipal State Land Planning Bureau * Organizes and coordinate the compilation of RAP * Conducts the policies of RAP * Make sure and coordinate the implementation of resettlement plan according to schedule of project construction * Allocates resettlement funds and supervise the utilization of fund * Directs, coordinates and supervises the proceedings of RAP * Organizes and carries out internal monitoring, determines which institution will carry out external monitoring and coorclinate external monitoring activities 79 * Reviews monitoring reports * Coordinates to resolve the conflicts and issues encountered in the implementation of RAP * Submits reports on progress of land requisition, house demolition, utilization of funds and the quality of implementation to the World Bank regularly 9.4.3 NUIDRO * Organize and conduct socioeconomics survey * Registers physical indicators of land requisition and house demolition and conducts basic survey * Organizes public participation * Participates preparation of RAP and coordinates resettlement implementation * Carries out house demolition regulations * Prepares relevant documents and submits them to Ningbo House Demolition and Renewal Office for house demolition Permission License * Propagates Demolition Notice by Shijiazhuang House Demolition and Renewal Office * Carries out relevant State regulations for land used for project * According to relevant policies, makes resettlement schemes and compensation rate and submits them for approval 80 * Applies for Land Usage Planning and Construction Permission License * Applies for Land Usage Planning and Construction Permission License * Carry out resettlement action plan * Sign compensation contract for land requisition and demolition with related districts counties resettled households and parties demolished * Review of resettlement activities undertaken * Conduct information management of land requisition, house demolition and rehabilitation * Train staff * Assist to resolve issues raised for resettlement * Deal with conflicts and appeal, and carry out coordination and administrative arbitrage * Deal with illegal conducts in land requisition, and carry out administrative punishment and other treatments * Report land requisition and resettlement condition to NUIPO 9.4.4 NLAB * Carry out national related policies and regulations for land for construction * Participate in examining compensation rate for land acquiaition and attachments 81 * Deal with approval procedures for land requisition * Participate in soico-enonomic survey * Participate in compiling and examining resettlement action plan * Issue land usage planning permission and land usage construction permission * Issue Land Requisition Notice * Direct coordinate and supervise land requisition and resettlement * Assist to coordinate and resolve issues raised for resettlement in the process of land requisition and transfer 9.4.5 DCGC * Organize socio-economic survey * Conduct material registration and investigation * Organize public participation * Consult and organize resettlement program and participate in resettlement plan making * Carry out regulations on house demolition * Collect and submit related files and information to HDRO and transact House Demolition Permission * Apply to HDRO and publish Demolition AnnounConcrete 82 * Carry out state's administrative regulation on land oppucation * Draw up land requisition program and compenSation rate and apply to related department to gain approval * Transact the formalities to secure approval for using land * Apply for Land Using Permission for Planning and Construction * Participate in drawing up resettlement plan * Execute resettlement plan * Cooperate with related county to sign agreement on land requisition and compensation with APs and AUs * Inspect the execution of rehabalition * Carry out information management of land requsition and resettlement * Train staff * Coordinate and resolve contradictions and matters emerging in the procedure * Coordinate and arbitrate dispute and complaint during demoliton * Handle illegal hebavoirs during demoliton and make administrative punishment or other punishment. * Report the situation of demolition and resettlement to NUIPLG 83 9.4.6 CDO * Participate in drawing up resettlement plan * Organize public consultation and propagandize land requisition policy * Take charge of resettlement implementation in local distract * Sign demolition compensation agreement with resettlers and demolished units * Reflect resettlers' suggenstions and opinions to higher authorities * Offer help to poor demolished households * Carry out information management of land requsition and resettlement * Train staff * Coordinate and resolve contradictions and matters emerging in the procedure * Coordinate and arbitrate dispute and complaint during demoliton * Handle illegal hebavoirs during demoliton and make administrative punishment or other punishment. * Report the situation of demolition and resettlement to NUIPLG 9.4.7 CLAB * Conduct socio-economic survey * Conduct material registration and investigation 84 * Consult with demolished units to make resettlement program and draw up resettlement plan together * Transact land requisition formalities * Coorperate with NUIPO to sign compensation agreement with demolished villages * Carry out information management of land requsition and resettlement * Train staff * Coordinate and resolve contradictions and matters emerging in the procedure 9.4.8 VC * Participate in socio-economic survey and forming resettlement choice * Participate in compiling resettlement action plan * Organize public consultance, and propaganclize tie policies of land requisition and demolition * Organize resettlers to carry out production and income restoration after land requisition * Be responsible for reporting advices and suggest ons of resettlers' to superior departments * Provide help to the household with difficulty 85 9.4.9 BCMDI * Reduce project effects through optimization of design * Identify scale of land requisition and demolition 9.4.10 NRCR As an independent monitoring institution,NRCR will monitor on RAP and the implementation of it in all aspects and submit independent monitoring and evaluation reports to NUIPLG, NUIPO and the World Bank. 9.5 Measures for Strengthening Institutional Capacity * NUIPO has organized training staff of land requisition and resettlement induced by the project, which included World Bank OP4.12 related land requisition and demolition laws socio-economic survey theory and methods etc.. * NUIPO will go on with training the staff. They will know OD of the World Bank, the regulations of land requisition and demolition, analysis of cases, simulate practice, cost control and resource allocation to increase their professional abilities to carry out the policies. * To ensure that funds and equipment can be got in time to increase the efficiency * To divide the work properly, and establish and improve the system of rewarding or punishing the staff of carrying out land requisition and demolition to encourage their initiative. 86 * To establish a demolition and reset[ ement information management system. With the help of that, to manage the data of land requisition and demolition, to strengthen information feedback, and ensure that each department is well informed. Important problems will be discussed and decided by the leading group of the project. * To strengthen report system and internal monitoring, and solve the problems promptly. * To strengthen the independent monitoring and evaluation. The independent monitoring and evaluation instituticin should report promptly to relevant department about the problems and provide suggestions to solve them. 87 10 Schedule of Implementation 10.1 Resettlement and Implementation of the Project According to the schedule, the project is to be built in 2003 to 2004 at two periods. The schedule for resettlement goes with the schedule of each sub project. Land requisition and demolition, resettlement are planned to begin in Oct 2002 and end in Dec 2003. The principles of the progress are: * To finish the work of land requisition and relocation one-month before project begins. The time to start the project will be decided according to land requisition, relocation, resettlement and rehabilitation. * To give enough time for the land requisition, relocation, resettlement and rehabilitation before the start of the project construction. 10.2Implementation Schedule of Resettlement 10.2.1 The Principles for Making Schedule of Requisition and Resettlement * To determine the final scope of land requisition according to every project design drawing, and to finish the determination before the census and property survey for the land requisition. * To calculate the result of census and property survey for the land requisition according to the red line drawings of land requisition and 88 relocation. Demolition Department of NPO and the owners will do it before the agreements for compensation and resettlement are signed. * To have a mobilization meeting, which should be presided over by Demolition Department of NPO. The Demolition Department should promulgate the policies and ways of land requisition, relocation, compensation, and resettlement metnods. PAPs and PAUs should attend the mobilization meeting. The meeting will be held before they sign the agreements for compensation and resettlement. And formal announConcretes of land requisition and relocation will be released after the mobilization meeting. * The signment of the agreements of compensation and resettlement should be after the census and property survey and the release of the formal announConcrete of land requisition and relocation. * To dispense transition funds to residents during their transitional period. And it should be dealt out before they start to move. * To construct new public utilities and municipal infrastructure in advance and then demolish the old ones. * To settle accounts and deal out compensation after the assignment, and before the relocation. * To carry out and inspect the resettlement action until it meets the demand of the demolished. 10.2.2 Overall Plan of Land Requisition and Resettlement The overall plan of the project is fixed in light of the schedule of the land 89 requisition, preparation for and progress of the resettlement, and the project construction. The beginning time of constructing and connecting the road net around the town and greening the river and road is June 2003, so the time of land requisition and house demolition is Feburary 2003. Because the land is implemented by section and the beginning time of the last land is March 2005, so repeated land requisition and house demolition will be conducted 4 monthes before the date. And the beginning time of laying the sewer net in the central town area is October 2004, the requisition and demolition will begin in June. See Table 10-1. Table 10-1 Schedule of Implementation Activity Beginning Time Ending Time Preparation of Land Requisition PO Call for Related Workers Decieding Demolition Area Initial Socioeconomic Survey Formulate Resettlement Policy Frame Preparation of Land Demolition Survey and Training Demoliton Material Caculation Concult Resettlement Policy and Program Formulate Resettlement Action Plan Constructing and connecting the road net around the town and Greening the Road Re-exam Material Measurement Hold Molibilization Meeting and Publish Policy Publishing Land Requisition and Demolition Notice Consult and Sign Compensation Resettlement Agreement Resident Move and Resettlement Enterprise and Institution Demoliton and Resettlement Shop Demoliton and Resettlement Labor Rehabilitation Infrastructure Reconstruction 90 Activity Beginning Time Ending Time Laying the Sewer Net In the Central Town Area Re-exam Material Measurement Hold Molibilization Meeting and Publish Policy Publishing Land Requisition and Demolition Notice Consult and Sign Compensation Resettlement Agreement Resident Move and Resettlement Enterprise and Institution Demoliton and Resettlement Shop Demoliton and Resettlement Labor Rehabilitation Infrastructure Reconstructiorn Monitoring and Evaluation 91 1 1 Cost and Budget 1 1.1 Cost Expenditure involved in land requisition and resettlement is listed in the budget of that project. At the price of September 2002, total cost of land requisition and resettlement induced by the project is RMB134.68 million. Details can be seen from Table 11-1. Table 1 1-1 Budget for Resettlement Compensation Item Unit Quantity Rate(yuan/unit) Cost(1 04 yuan) 1. Permanent Land Requisition 57.3 281.97 Land Compensation mu Resettlement Subsidy mu Compensation fo mu Greenseeding Farmland Reclaiming Fee mu Water Conservancy mu Construction Fund Unpredictable Fee mu Land Requisition mu Administration Fee 2. Temporary Land Occupation mu 7.62 3. Residents' Houses Demolition 437491 3.1 House Compensation __=____ Brick-Concrete m2 Brick-Timbeo mn2 Sample m 2 3.2 AttachmentsI Telephone tel 1 27 CAT\/ household 3371 3.3 Other Compensation Move Subsidy household 300 Transition Fee m2 1 0 Hydroelectric Facilities m 30 Compensation Award household 300 Enterprise and Institutions Demolition 92 Compensation Item Unit Quantity Ratelyuan/unit) Cost(104 yuan) 4.1 House Compensation Production and Business House Brick-Concrete m2 13186 Brick-Timber m2 1 5C Office and Warehouse Brick-Concrete m2 c 4.2Financial Subsidy ___ Production and Busines m House 13336 Office and Warehouse m 4.3 Installation Compensation m Production and Business m2 House 13336 Office and Warehouse m 5. Shop Demolition Brick-Concrete m2 Financial Subsid m2 2 Installation Compensation m 6 Ground Attachments Public Toile toilet 10 kv Electrical Pole pole 380v Electrical Pole pole Bridge bridge Road m 2- Machine-Ploughed Road m2 Supplying Water Pipeline m Drainage Pipeline m Communication Cable m Lawn and Flower Terrace m2 2_ Water Pipeline m Vegetable Greenhouse m2 Big tree tree Mid-tree tree Sapling tree Bush trunk Total (1 to 6) 104 yuan 7. Survey Design Fee 8. Supervise Evaluation Fee 9. Administration Fee 10. Training fee 11. Contingency Total 104 yuan 93 11.2Annual Investment Plan According to implementation schedule of the project, annual investment plan was compiled. See Table 11-2. Table 11-2 Annual Investment Plan Year 2002 2003 2004 2005 Total Investment (104 yuan) Rate( ) 20 50 20 10 100 11.3Capital Resource According to the arrangements of implementation process, resettlement capital is all from fiscal allocation. 11.4 Cash Flow Within the demolition period stipulated by Demolition Department of NUIPLG, the demolisher should sign an agreement on demolition compensation and resettlement with the demolishee under Ningbo Urban House Demolition Administration Detailed EnforConcrete Regulation and related land requisition regulation. If its cash compensation, the agreement should regulate compensation amount, payment style, deadline of payment and move, liability for breach of contract and other articles negotiated among parties; If the ownership is exchanged, the agreement should include the location and acreage of resettlement house; if the owner and user of the house is different, the demolisher should sign agreement according to pilot opinion's regulation with owner and user separately. 94 Cash flow is showed in Table 11-1 Fiscal allocati,o NUIF O0 I II | DCGC o 0 CD CD CD~~~~~~~~~~C CD cn CD~~~~~~~~~~~e -9- 0~C < cn ~ cncn L cn CD- able 11-1 Cash Flow 95 12 Monitoring and Evaluation To assure the successful implementation of resettlement plan and reach the goal of relocation, implementation of land requisition and resettlement activities in this project shall be monitored regularly according to World Bank Operational Directive 4.12 Involuntary Resettlement and Operational Guideline of Resettlement Monitoring and Evaluation of Projects Assisted by World Bank to ensure those actions have proceeded in accordance with the provisions of RAP. There are two kinds of monitoring mechanisms in this RAP, the internal monitoring and the independent monitoring. Internal monitoring is carried out by NPOLG, NPO, Demolition Department of NPO and Demolition Department of Cicheng to ensure that all the units follow the schedule and abide by the principles of RAP. The purpose of this internal monitoring is to maintain responsibilities of resettlement implementation institutions during the implementation. Independent Monitoring Organization is mainly responsible for regularly independent monitoring and evaluation on activities of land requisition, house demolition and resettlement. NRCR of Hohai University will undertake the independent monitoring, the objectives are: ---The function of resettlement network ---The implementation of land requisition, process of resettlement and compensation ---The recovery of the APs 96 ---Labor resettlement --- Survey on and analysis of the APs living stanclards Conducted by an independent agency, the independent monitoring evaluates the land requisition, house demolition and resettlememt and inspects all the implementation activities from a overall and long-term point of view. Independent monitoring institution follows the resettlement activities to evaluate whether the goals of resettlement are achieved through observing <1> the application of the laws of P.R.C. concerned on resettlement; <2> compliance with the principles of the World Bank's Operational Directive O.D. 4.30 on Involuntary Resettlement; and <3>an improvement in the standards of living of the APs or at least maintenance of the forrner living standards. The Independent Monitoring Institution provides suggest ons to the institutions for demolition implementation, so as the problems emerging in the implementation can be resolved in time. 12.1 Internal Monitoring and Supervision NPO has developed an internal monitoring framework to supervise the resefflement activities. It establishes relevant database on land requisition, house demolition and resettlement. And the database contributes to compiling the resettlement planning, and carrying out internal monitoring on the whole implementation process. 12.1.1 Implementation Procedures During the implementation, based on samples provided by monitoring institutions, Demolition Department of NPO, Demolition Department of NBUIDO and Demolition Department of Yuecheng borough collect and record 97 implementation information of PRPs. Meanwhile, they deliver the record of the current activities in time to NPO, so as to keep a consistent monitoring on implementation. NPO conducts periodic supervision to the project resettlement. In the above monitoring system, there is a continuous flow of information on a regular format from Demolition Department of Cicheng borough to NPOLG. NPOLG, NPO, Demolition Department of NPO, Demolition Department of Ningbo Urban Investment Administration Office and POs of Relevant Counties and Districts, as the important components of internal monitoring and supervision system, will carry out periodic supervision and verfications. 12.1.2 Indicators to be Monitored * Compensation to APs * Construction of resettlement houses for APs who will exchange ownership * Removal of APs * Reconstruction of replaConcrete houses and removal * Resettlement of labors * Rehabilitation of vulnerable groups * Compensation and Rehabilitation of Enterprises and Institutions * Compensation and Rehabilitation of shops * Reconstruction of infrastructures 98 * Schedule of above mentioned activities * Conformity with the policies and regulations of RAP * Participation and negotiation of APs during irnplernentation * Staffing, training, work schedule and effectiveness of the insitutions 12.1.3 Internal Monitoring Reports The Demolition Department of Cicheng shc,uld compile an internal monitoring report every 3 months and submit it to Demolition Department of NPO. And NPO will submit reports to the World Bank every year after collecting. 12.2External Independent Monitoring Institution 12.2.1 Independent Monitoring Institution NPO plans to entrust NRCR to do the independent monitoring and supervision. The monitoring and evaluation group is composed of 8 resettlement specialists with experiences on project resettlement and sociology. 12.2.2 Responsibilities Independent Monitoring Institution will period cally monitor and evaluate the implementation of RAP, including the progress, quality of resettlement, utilization of funds. It will give advice ande suggestions. After checking quality of resettlement house, APs' living standards and production conditions, the 99 Independent Monitoring Institution will submit monitoring and evaluation reports to NPO and the World Bank. 12.2.3 Procedures and Contents (1) Compile outline for monitoring and evaluation (2) Develop resettlement monitoring and evaluation information system (3) Prepare survey outline, table of questionnaire, recording card of sampling residents (4) Sampling scale: 10% of residents whose houses need to be demolished, 10% of APs caused by land requisition (5) Carrie out baseline survey A baseline survey is carried out on the residents affected by land requisition and demolition to obtain basic data about their living standards and production condition (including living, business and income). (6) Establishe monitoring and evaluation information system A monitoring and evaluation information system is established. All the data in resettlement monitoring and evaluation are classified and stored in different database to make the analysis and monitoring an easier job. (7) Conduct monitoring survey * Conduct local socioeconomic survey on social and economic development situation. 100 * Monitor resettlement implementation organization on its ability and efficiency * Monitor sampling residents on allocation of urban residents' compensation funds, the houses for resettlement moving, rehabilitation of income, resettlement quality; monitors on house sites in rural area, the progress of rebuilding houses, allocation of compensation fee and house quality. * Monitor labor resettlement on labor resettlement induced by land requisition * Monitor public facilities on allocation of compensation funds, rehabilitation of them, progress of reconstruction. * Monitor public consultation on participation in compiling RAP and APs' activities during implementation, effects of participation. * Monitor grievance on the mechanism and the efficiency. (8) Arrange monitoring data, estabiish database, (9) Conduct comparing analysis, (10) Develop one monitoring and evaluation report per half year In January 2003, the baseline survey is to be carried out. In August 2003, the first monitoring and evaluat on report is to be submitted. In December 2003, the second monitoring and evaluation report is to be submitted. 101 The third to the eighth monitoring and evaluation reports are to be submitted in the same periods from 2004 to 2006. 12.3Monitoring Indicators * social and economic indicators: average income, GDP, Engel's Coefficient, employment rate * institutions' indicator: staff composition and their quality, regualtions, equipment, efficiency * indicators for residents affected: compensation funds availability rate, location and acreage of resident houses, to what extend the APs are satisfied * indicators for enterprises and institutionss affected: compensation funds availability rate, location and acreage of resident houses, to what extend the APs are satisfied * indicators for shops affected: compensation funds availability rate, location and acreage of resident houses, to what extend the APs are satisfied * labors resettlement: employment rate, to what extend the APs are satisfied * indicators for infrastructure: compensation funds availability rate, function restoration rate 102 12.4Ex-post Evaltiation When the project is finished, ex-post evaluation will be carried out on resettlement activities with the application Df ex-post evaluation theory and method. The successful experience of and the lesson drawn from the affected residents, enterprises and institutioriss, shops, land requisition etc. will be summed up to contribute to resettlement in the future. The independent monitoring and evaluation institution is responsible to carry out the evaluation, which should compile the outline of ex-post evaluation and develop evaluation indicators. It will conduct socioeconomic analysis survey, compile ex-post evaluation report on resettlement and submit to NPO and the World Bank. 103 13 Entitlement Matrix Types of Affected APs Policy Rate Collectively-owned l Obtain Land Compensation and Land Land Resettlement Subsidy Compensation: Requisitioned Village * To Restore APs' Income by Land 15000 yuan/mu Permanently Compensation and Resettlement Resettlement Subsidy Subsidy: 15000 * Land Compensation be Invested yuan/mu into Production with 2/3 Villagers' Approval * Resettlement Subsidy be Issued to Aps with 2/3 Villagers' l _________ Approval * After Getting Resettlement Labor Subsidy, the Affected Labors can use the subsidy to continue their present occupations or to develop private business. * Around the affected villages, there are many enterprises. Because neighboring Ningbo, their economic benefits are pretty good. All these enterprises agree to offer some positions for the affected labors. * All labors affected in this project will get proper resettlement. * The Land Compensation and Resettlement Subsidy are free of tax and Lawsuit fee. * The demolisher should help resettlers with relevant formalities like registered permanent residence modification and children's transfer from one school to another. Household * Compensation for Greenseeding 800 yuan/mu Affected Temporary Household a Obtain Compensation of One or 400yuan/mu for Land Occupation Affected Two Seasones' Production of the each season Land * Obtain Reclamation Fee and Village Take Charge of Reclamation Ground Owner * Compensation at Displacement Attachments Price 104 Types of Affected APs Policy Rate * Choose Cash Compensation or Brick-Concrete:9 Property Exchanging 85yuan/m2 Resettleme it Brick-Timber: * Compensation of House and 835yuan/rn2 Attachments at Displa-ement Simple: Price (including land price) 615yuan/m2 * Obtain Move Subsidy, Transition Fee, Award, Hydroelectric Facilities Compensation and Building For Bike Fee * Enjoy Priority of Choosing House * Free of Tax and Handling Fee for House Certificate and Land Certificate and Lawsuit Fee * The Demolisher shou d Help Resettlers with Relevant Formalities like Registered Permanent Residence Modification ancl Children's Transfer from one sSchool to Residents' House another. Owner * Choose Cash Compensation or The Excess Property Exchanging within Style is Resettlement or low rent house Calculated by * Get Help during Move and Get Costing Price Compensation Fund. The rate will be calculated according to the formula: (45m2-the demolished house acreage) 40% of local demolition Vulnerable Group compensation standard price Shop * Obtain House Compensation Brick-Concrete: Installatiori Compensation 1 678yuan/m2 Financial Subsidy Installation * Choose Compensation Method: Compensation:2 Property Exchanging .or Cash Oyuan/m2 Compensation Financial * Enjoy the Priority of lEntering into Subsidy:120yuan Industry /m * Free of Tax and Handling Fee for House Certificate and Land Certificate and Lawsuit Fee 105 Types of Affected APs Policy Rate Enterprises and * Obtain House Compensation Production and Institutions Installation Compensation business House: Financial Subsidy Brick-Concrete: * Choose Resettlement Method: 735yuan/m2 Property Exchanging or Cash Brick-Timber: Compensation 585yuan/m2 * Enterprise Enjoys the Priority of Installation Entering into Industry Park Compensation:3 * Institution Get Property Oyuan/m Exchanging Resettlement Financial * Free of Tax and Handling Fee for Subsidy:20yuan/ House Certificate and Land m Certificate and Lawsuit Fee Office and * During Move, Their Employees' Warehouse: Rights and Interests like Salary, Brick-Concrete:7 Medical and Social Insurances, 35yuan/m2 Bonus and Allowance won't be Installation affected. Compensation:1 5yuan/m2 Financial Subsidy:1 5yuan/ 6 2 106 14 Appendix I Outline of Independent Monitoring and Evaluation on Resettlement Introduction Environmental improvement vworks of Cicherg Town is one of the comprehensive environmental improvement works of Linbo. After construction, the project will have a profound meaning in terms of protecting old town's cultural feature, developing economic and tourist resources, decreasing environment pollution, improving living quality and promoting sustainable socioeconomic development. Under the Environment Improvernent Works of Cicheng Town in Jiangbei District of Ningbo City, there are seven sub-items:A).Constructing and connecting the road net around the town;B).Widening and connecting the internal road net.C).Laying the sewer net in the central town area.D)Greening the river and road Objectives of M&E On World Bank's requirement, independent M&E will conduct following evaluation on land demolition and resettlement through checking the process fund management of land requisition and resettlement and analyzing the changes in production and living before and after move. While reports are submitted to World Bank NUIPO and related superior departments regularly(2 times/year), information and suggestions should be provided to related departments as a reference for decision.Through independent monitoring and evaluation, World Bank and project superior departments can have a well know about whether land requisition and resettlement is achieved on 107 schedule and with stipulated quality, and problems will be brought forward, and suggestion for improvement will be put forward. Contents of M&E (1) M&E on Progress of Land Requisition and House Demolition Inculding: progress of land requisition; progress of relocation land; progress of houses and facilities demolition; progress of relocation house construction; progress of resettlers' moving into Tangshan; progress of move and construction infrastructures. (2) M&E on Fund Fulfilment and Utilization Including: fulfilment condition of fund transfer; Utilization consdition of fund( plan and actual). (3) M&E on House Demolition and Resettlement Including: house condition and living environment before move; targets of house demolition and relocation; house condition and living environment after move; contrast analysis and evaluation of house condition and living environment before and after move. (4) M&E on land adjustment and living standard in land requisition village Including: resettlers' living and production condition before move; resettlers' living and production condition after move; contrast analysis and evaluation of resettlers' employment and living condition before and after move. (5) M&E on resettlement organizations operation and efficiency 108 Organization and Work Divisiorn of Resettlement M&E NRCR are entrusted to be responsible for specific survey data collection of M&E by NUIPO, then calculate and analysize it, and examine the results. NRCR formed Resettlement M&E Group of Sewvage Treatment Plant and Related Pipelines of South Area of Jiangdong of ,Vingbo, whose task is that, under the directions of project officer of World Bank, carry out M&E on resettlement, and take charge of compiling l/I&E outline, establish monitoring site, and preside over on-spot survey and inside analysis, and take charge in compiling resettlement M&E reports. NUIPO provides cooperation of staff and transportation etc. during resettlement M&E group carries out on-spot survey. Resettlement M&E Ways The method of combination of on-spot survey calculating analsis and experts comprehensive evaluation is adopted. The survey method of combination of spol and side is employed. Conprehensive survey on process fund and institute and management etc of resettlement is conducted. Samlping survey on the house demolition, reconstruction and living standard is conducted. Method of classified random sampling etc is adopted in survey, and spot follow-up survey on typical resettled households, shops and enterprises is conducted. Sampling proportion: 10% demolition resettled households and 10% common resettled households. 109 Methods of survey sheet interview inquiring files and documents etc are employed in comprehensive survey. Besides letter data, information such as pictures records videos and practicality etc should be collected and set up management information system for Cicheng Environment Improvement and Resettlement M&E Works Schedule of Independent M&E on Resettlement A piece of M&E report should be made up every half year. January 2003, conduct baseline survey. August 2003, first monitoring, submit No.1 M&E report. December 2003, second monitoring, submit No.2 M&E report. From 2004 to 2006, M&E report (No 3-No 8) should be submited in accordingly years. 110
Groupe de la Banque mondiale · Resettlement Plan
China - Zhejiang Urban Environment Project : resettlement action plan (Vol. 1 of 9) : RAP for improvement projects of Cicheng Town in Jiangbei District of Ningbo City
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