China - Third Henan Highway Project : resettlement action plan (Vol. 2 of 7) : Migrant resettlement policy for the rural roads improvement plan

RP- 31 VOL. 2 Henan III Highway Project Migrant Resettlement Policy for Rural Roads Improvement Plan I C- al m' 3 i Highway Administration Bureau Of Henan Provincial Communications Department November 1999  I  I. General In order to matching the construction of Zhumadian-Xinvang Expressway and based on the requirement of the World Bank., a Rural Roads Improvement Plan wvas drawn up in May 1999. The rural roads within the area where the Zhumadian-Xinvang Expressway will zet through are carefully screened during the preparing of the plan According to this plan, the work shall be focus on the rural roads improving projects and highway network projects of badly need improved in Zhumadian Prefecture and Xinyang City. The selection of the projects to be improved have tak-en the provincial's "9' five-year-plan for highway network development"' into consideration. The implementation of such projects shall greatly advance the regional economical development and the traffic capacity on the existed highway netWork-, and shall quicken the space for construction of rural roads. Nine svstems with total length of 3 92km shall be included in this plan, which the estimated cost shall be 224. 10 million Yuan (RMB). Seven impoverished counties in Zhumadian and Xinyang Prefecture/City shall be involved in this improvement project. In the said counties, the impoverished people are relatively concentrated, the highway traffic is far below, and the productive and living condition for the local people are very bad. in this plan, there are 7 highwav networks and c9 sections of rural roads included. The details are shown in the addendum. It is anticipated that the completion of the improvement projects shall significantly enhance the traffic capacity in the highway networks, relax traffic congestion. save runaround expenses of the vehicles and promote the economical development of the areas affected. Therefore, the natural resources in the poor areas shall be utilized thoroughlv, and the better productive and living conditions shall be created to the local people. The local governments and the local people are looking forward to the implementation of those projects. Generally, there is no land requisition needed for rural road projects. All of the rural road projects in Henan Province belong to improvement of the old roads. Since each year, the countyitownship governments arranges the civilian laborers work-ing on public projects, the subgrade of all the existed rura] roads are already formed. In order to carry out the principle and requirements for land requisition and resettlement made by the World Bank, and to carry out the requirements of protecting arable land and environment given in Land Management Law, we made this plan for improvement of the rural road. According to the functions and characteristic of the rural roads, the rural roads are built to meet the requirement of agricultural vehicles and the trip of local people. The required load and traffic volume are not heavy, the required travelling speed is slow, the technical standard required is relatively low, no alignment design are requested compulsorily. Therefore, the rural road improvement projects in the third package of Henan  Province' shall be conducted in such way that to laid 'asphalt concrete course on the existed roads, no land requisition and resettlement shall be involved. If there is requirements for land requisition and removal. the resettlement shall be made according to the principle below: I1. Principle for Migrant Resettlement 1. Legal Framework Policies on land requisition and migrant resettlement are formulated at three levels in China. * Basic policy framework set up by the central government through issuing state laws and enforcement guidelines. * Comprehensive/special regulations and enforcement methods on carrying out state laws issued by provincial governments. * Relevant regulations issued by Prefectures/cities, which are accorded with the state/provincial laws and regulations, and are only applicable in the specified jurisdictional areas. The Resettlement Action Plan is prepared according to the following laws, regulations and the Guideline of Non-volunteer Migrants (0D4.30) issued by the World Bank. The implementation of the Migrant Settlement Plan shall be based on the said law framework. 2. Laws and Regulations Regarding Compensation (1) State laws and regulations The following laws comprise the key policies on land, grassland and forest: A. "Land Management Law of the People's Republic of China". It is approved by the 16th session of Standing Committee of the 6th National People's Congress in June 1986, and is revised on Aug. 29, 1998. It comes into force since Jan. 1. 1999. B. "Enforcement Regulations for Land Management Law of People's Republic of China", it is approved by the Standing Committee of the State Council on April 24, 1998 and comes into force since Jan. 1, 1999. C. "State Forest Law " and its detailed implementing regulations. (2) The major provisions of the Land Management Law (the most important part) are shown as follows: Ownership a. The people's Republic of China carries out socialist public ownership for land. That is national ownership system and collective ownership system. The land in urban area belongs to the state. The land in countryside and suburb, apart from those that belongs  to the state by law, belongs to collective of farmers. Homestead & household plots and household hills belong to collective of farmers (Clause 8 of "Land Management Law of China"). b. The land that has collective ownership of farmers belongs to collective of farmers of a village by law, shall be managed and operated by the collective economical organization of the village or by farmers' committee of the village. The land that has collective ownership of farmers belongs to two or more than two of economical organizations of a village respectively, shall be managed and operated accordingly by the collective economical organizations of the viliage or by farmers' group of the village. The land that has collective ownership belongs to a town/township, shall be managed and operated by the countryside economical organization of the town/township (Clause 10 of "Land Management Law of China"). c. The land owned by the collective of farmers shall be registered and recorded in the county government. The certificates to prove the land ownership shall be issued by the county government after confirmation (Clause 11 of "Land Management Law of China"). d. If the purpose of the land ownership is to be changed, it shall registered (Clause 12 "Land Management Law of China"). e. The ownership and right of utilization of the registered land by law is protected by law. It is prohibited to violate by any units or individuals (Clause ]3 of "Land -Management Law of China"). Land usage a. Units or individuals can use the land that belongs to the state and collective of farmers bv law. The land user has the obligations to protect, manage and properly use the land (Clause 9 of "Land Management Law of China"). b. Land survey system is set up by the state (Clause 27 of "Land Management Law of China"). c. Land statistic system is set up by the state (Clause 39 of "Land Management Law of China"). d. The governments at different levels shall organize to prepare an integral plan for land utilization according to the plan of social and national economy development, requirements for state land renovation and environmental protection, land supply ability and the need of land for constructions (Clausel7 of "Land Management Law of China"). e. Arable land is strictly controlled being transferred into non-arable land.  The state camres out compensation system for arable land occupation. If the arable land is to be transferred to non-agricultural construction land after approval, the unit that occupy it shall be responsible to cultivate another piece of land with the same quality and the same amount according to the principle of "Cultivate the same land as you use". For those who incapable to cultivate or the cultivated land can't meet the requirement, arable land cultivation fee shall be paid according to the relevant regulations. This fee will be specially used in cultivating new arable land (Clause 31 of "Land Management Law of China"). Land for state construction a. Procedure for approval If the approved project needs to use state land for construction, the construction unit shall apply to the land administration authorities above county level that have approval right with relevant documents of law and administrative regulations. The application shall be checked by the land administrative authority and reported to the government at the same level for approval (Clause 53 of "Land Management Law of China"). b. Confirmation for approval Land used by units and individuals for a specific project shall be handled according to Clause 22 and 23 of "Enforcement regulations of Land Management Law". The authority of approval to unused state land for construction projects is that: (a) land less than 2ha. shall be approved by county (city) government; (b) land more than 2 ha. but less than 4 ha. shall be approved by city ( prefecture) government; (c) land more than 4 ha. shall be approved by provincial government. Apart from paid use land, after the project is completed and passed examination for acceptance, "State Land Use Certificate" shall be issued (Clause 36 of "Execution Method for Land Management Law in Henan Province"(revised draft)). .3. Laws and Regulations Regarding Standard of Compensation Permanent land requisition decrees are mainly based on the revised draft of "Land Management Law" executed in Henan Province: It is marked in Clause 34 of the "Land Management Law" that after the proposal of land used for construction land is approved, the compensation to the unit whose land is in requisition shall be executed according to following rules: (1) Land compensation fee The requisitioned arable land (including vegetable plot) orchard, fish pond, lotus pond and tea garden in suburb of cities under direct provincial administration shall be compensated by 8-10 times of the annual output value. Other land in suburb of other cities, industry/mining areas and towns under direct administration of county shall be 4  compensated by 7-9 times of the average annual output value for the last 3 vears. The land in other places shall be compensated by 6-8 times of the annual output value. In the requisitioned arable land, the bv-products of crops (vegetables excluded) shall be calculated by 15-20% of the output of their corresponding main products. When the orchards where no fruit is growing. newly-built fish pond, lotus pond. reed pond. tea garden and forest land are requisitioned, the compensation shall be made according to the lowest standard of the adjacent arable land. For the land used for residence and the collective land used for public facilities, commonweal benefits or used for individual business, apart from removal subsidy shall be mad, it shall also be compensated as arable land. (2) Resettlement subsidy The settlement subsidy for arable land and other land requisitioned shall be calculated according the number of agricultural people to be resettled. That is: the agricultural people to be resettled = the requisitioned land . the average arable land per capita. The standard of settlement subsidy for each agricultural person to be resettled shall be 4-6 times of the average output value of the corresponding arable land in last 3 years. For suburb under direct administration of the province, it shall be 6 times, For the suburb of other cities, land in industrial and mineral areas and towns under direct administration of the county, it shall be 5 times. For other land, it shall be 4 times, but the settlement subsidy for per ha. shall be no more than 15 times. (3) Compensation for young crops shall be made according to the output value of one harvest. (4) Compensation method and standard for attached buildings shall be executed according to the regulations made by the provincial government. New attachment built after land requisition bulletin is issued shall not be compensated. It is marked in Clause 24 of "Land Management Law" that after land is approved to be used for a project, the land user shall make arable land cultivation scheme for approval of the authorities in charge of land administration. The land user shall be responsible for cultivating arable land that has the same area and quality of the land occupied. If the land user is incapable to cultivate or the cultivated land cannot be accepted, arable land cultivation fee shall be paid. The collection, use and management of cultivation fee shall be regulated in other regulations of the provincial government. (Note: The cultivation fee is temporarily determined as the same cost of land 5  compensation.) 4. Principle for Compensation (1) Avoid land requisition as far as possible. If it is impossible to avoid, land requisition shall be as fewer as possible., then a migrant settlement plan and payment for various compensation shall be made accordingly. (2) Make sure the living standard, productive ability and income of the people influenced can be resumed to the original level. (3) Buildings such as residential houses to be removed must be compensated according to reconstruction price. (4) In principle, the new houses for the migrants shall be ready before the demolition of the old ones, and the removal expense shall be paid. If a transition period is necessary, the units who undertaking the proposed project shall properly pay the corresponding expenses. (5) The units who undertaking the proposed project shall strictly follow the compensation policy and standard drawn up in the Migrant Settlement Plan. If there are some important or major variations during the implementation period, a report concerning this case shall be submitted to the World Bank before they come into force. When it is necessary, revision shall be made to the Resettlement Action Plan. 5. The Process for Preparing the Migrant Report and the Approval Procedures Regarding implementation of construction for rural roads, an annual report including the construction progress and the working program for next year (see Table 5-1) shall be submitted to the World Bank each year (by the end of the year). In the event that the people influenced by arable land occupancy and houses removal are more than 100, a Migrant Resettlement Action Plan shall be submitted to the World Bank for approval before commencement of any construction. If the people influenced are less than 100, a summary report shall be attached to the annual report to demonstrate the detailed entity index and program for compensation and resettlement. 6  Annual Report on Land Requisition and Removal Table 5-l Deadline of reportingrt Land Houses 1Number of People r Cost Required Occupancx b Removal Affected the roads 4g-C- ~; A ~ - - - W - UX ~~~ ~ Q 0 Total~~~~~~~> ta _ ~~~~~~.- z- :If ;e p l i b l andpoteam foiopnainan eeteetf the people influencedb adocpnyadrmvlaels tane 100,e than 100, a Migrant Resettlement Action Plan shall be submitted to the World Bank. 6. Compensation Standard Refer to the Standard given in RAP of the Expressway and the linking highways. ( 1) Compensation times Average Output Value/Per Mu, Land Compensation Fee, Resettlement Subsidy and Times Table 6-1__ _ _ _ _ _ _ _ __ _ _ _ _ _ _ I | ~~~~~~~~~~Tvpical Average 1 Typical Times I No. X Ou putValue ! l g ~~~~~~~~~~Zhumadian Xinyang Zhumadian Xinyang _______________________________I Prefecture City Prefecture City __ A B C __< 11 Land compensation for the arable land in 1 091 961.5 6.33 | 8 the area wvhere the proposed project 2 IResettlement subsidy (based on each 1,091 961.5 - 4 6 L person to be setfled) l__ _ _ __ _ _ _ _ l__ _ _ _ _ _ 7  (2p) Land compensation standard Land Compensation, Standard Table 6-2 Item Standard Compensation Total Compensation Fee i No. Times Per mu (yuan) ____ A B ZMD i XY ZMD XY A B c C D) E I I Arable land (mu) Lower limit specified in 10.83 J 4 i 9.287 12 .579 'Provincial Execution Method of Land Management Law% l_ l___l_l 2 Land compensation 6_ 633 _ 8 6.906 7.692 3 Resettlement 4 6 1.835 4.406 subsidv ! | _ 4 Yong crops 0.5 0.5 546 481 Compensation I 5 Tax for arable land l 1.067 1.067 Occupation 6 Land cultivation fee _ 6.906 7.692 Note:( 1) ZMD-Zhumadian; XY-Xinyang (3) Compensation for infrastructure facilities: Cost for Restoration and Improvement of the Infrastructure Facilities Table 6-3 l Price Suggested Price Request No. nInfrastructure Facilities I by the Unit who by the Count- Price Agreed Affected Undertak-ing the or the Township Project __l_ _ __l A B C D 1 Machine-powered wells I 2.200,uan/well 3.00()vuan/well 2.20 huan/weli 2 Hand-pressure wells ! 300(\uanIwell 300\uan/well 1 300\uanIwell 3 Power supply facilities. Budgetary estimate Agree vwith the Agree with the I Telecommunication | of the power supply budgetam estimate budgetar estimate l facilities | and made bv the made by the faI'lties Itelecommunuuication concerned concerned I_____I_ departments departnents departrnents (4) Compensation for vulnerable groups: 1,000yuan/househole. 7. Organizations in Charge of Carrying out the Resettlement Policies If there need a little quantity of land requisition for some projects, the following organizations shall be in charge of carrying out the resettlement policy: The construction authority at each county level shall be set up before the end of 2000. The project implementation office shall be set up in each of the townships/towns under the jurisdiction of the county. The leading groups and the implementation offices at different levels shall be responsible for the following issues: (1) passing through land requisition formalities, (2) carrying out removal plan; (3) releasing compensation fee,  (4) settling down affected people; (5) guarding social security. (6) coordinatin' relationship between the Contractors and local people; (7) solving problems based on contracts or authorization of the higher authorities. For this project, the personnel who in charge of resettlement and compensation work shall be the following persons: I in project construction authoritv. I in each of the township governments and I in each of the village committees. They will responsible for giving publicity of the significance of the project and the laws and rules on which compensation policy is made. 8. Procedure of Implementation Progress and Schedule The implementation progress for land requisition and migrant resettlement shall be prepared by county and/or district construction authorities and the migrant resettlement offices. The schedule shall be: Oct. 10, 2000: Pre-qualification documents submitting to the World Bankl Dec.20, 2000: release of bidding documents Jan.25, 2001: Bid opening Fab.25, 2000: Commencement of construction Fab.25, 2001-Oct.25. 2001: Construction period Oct.25, 2001 : Time for completion June 5, 2000-Nov. 5, 2000: Pre-approval of land requisition and removal 9. System of Complaints and Appeals Since the migrant participation of the whole process of the settlement and reconstruction plan, it is expected that there will be no big complaints occur. In order to resolve the problems effectively in land requisition and migrant settlement, the Provincial Authority must set up the detailed procedure to correct the complaints. It is aimed to answer the complaints in a rapid and transparent way. The unit designated shall be of simple, easy accessible, transparent and impartial, aiming at answering complaints in an effective way in stead of via a complicated official channel. The complaints to be resolved via the authorities will boost the progress of this project effectively, the procedure is as follow: Stage 1: If anybody dissatisfy with the migrant settlement and reconstruction plan, they may put forward their proposal to the village committees in oral or in written form. If the opinions are in oral form, it shall be written on paper by villages and resolved properly, the complaints shall be resolved within two weeks by village committees. 9)  Stage 2. If the complainants disagree with the decision made in stage 1, they can go to the township governments concerned within one month after receiving the decision made in stage 1. The township govemments shall make a decision on complaints within two weeks. Stage 3: If the decision made by the township govemments still can not accepted by the persons who make complainants, within one month after receiving the stage 2 decision, they can go to county construction authorities concerned, the authorities shall make a decision within three weeks. Stage 4: If the migrants still have problems to the decision made in stage 3, they can make a suit to the civil court based on civil law of procedure. Fifteen days after receiving the decision made by the county authorities, they may make a suit on everv aspect related to migrant settlement and reconstruction plan, including compensation standard. The detailed procedure for correction of complaints shall make public on the meeting in which participated by migrants, and also sent to village committees, township migrant settlement offices and county construction authorities. Before implementation, this information shall be collected in the brochure to be distributed to the migrants. RAP shall be kept in coordination division of Zhumadian and Xinyang construction authorities for looking up by the local people whenever needed. The complaint channel will be guaranteed to be unimpeded. The names, telephone numbers and addresses of the persons in charge of reception of complaints will be open to the public during the execution of this project. 10. Examination and Reporting System of the Implementation Organizations During the process of implementation, the authorities shall record implementation information about individuals, families and units from township governments so as to maintain continuous implementation monitoring. The authorities shall conduct regular examination to the township-and village-level (with all townships covered) implementation organizations to verify the reported progress. It)  Addendum 1: SummarV of Rural Project in Henan Province Name of JNo Name of No. Estimated _ Road Section Length . Technical Standard Prefecture Countx Cost No i Station (kmn) Grade Tvpe of NWidth of Cit 2 _ (10000 S _ Pavement Pavement yuan) I (m j Zhumadian 25 Shangeai 1 4500 1-I Shang)ai count- Scat 43 Class 11 Asphalt 9 Prefecturc Xmngshang road- Concrete Boundanr of Zhuzhou| 26 Pigyu 2 4500 2-1 East ofRunanCount' 31 Classll Asphalt 9 Seat. Zhuxin road- Concrete _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - ~ ~ ~ - _ _ _ j Pinvu_ _ _ 16 Xmvang |3 5040 3-1 Shilihe- 34 Class 3 Asphalt 12 GuZhagiatuchAng hConcrete Xinvang 22 Xixlan 4 5400 4-1 Guajlin- I 43 Ciass 31 Asphalt 12 Prefecture } Hupukagiao ____ ____ Concrete _____ 17 Luoshang 3610 5-1 Jiangwan Bridge. 11 Class 11 Asphalt 12 , sKaigong road- Concrete i ___________ _____ _________ j _____ Luoshan Count' Seat | | _ 5 5-2 Luoshan Count- Seat. 49 Class i Asphalt 7 Kaigong road-' mI Concrete l l l . I I ~~~~~~~~~~~Gongiiapeng 1 1iI { i 1X | Guangshan 6 960 6-1 Guangshan-afan 32 Cass Asphalt 7 10 6 l j I j T I ! m Concrete I _ _ 15 Shangcheng 7 900 7-1 | Shangcheng- 45 i Class Asphalt - - | | Changzhuyane I__ V Ps) Concrete | _ _ 1 17 j XirLxlan | g 1 2300 8-3 Countv seas- 48 Non- Asphalt 7 t t t i I i | ~~~~~~~~~~~~~~~Zhonstudian-I iepu I|class |Concrete| 1 |16 Xmnvang | 9 1 2860 41 Dongiiahe- 36 Non- Asphalt 7 | Tlotal !____ ____ _ I _____ 30070 | _ Shihegang-Tanliahe ! class _Concrete 11  I I  1~~~~~~ Henan Ill Highway Project Summarization of the Migrant Settlement Plan The Third Henan Highway Project is proposed to be a World Bank loan supported project. This project shall include 3 parts: Zhumadian-Xinyang Expressway, linking highways to the Zhumadian-Xinyang Expressway and rural roads (location of the project see schematic map). Zhumadian-Xinyang Expressway is an important part of Beijing-Zhuhai National Trunk Highway (NTH), which shall connect two important areas in south of Henan Province---Zhumadian Prefecture and Xinyang City. It shall start from the terminal of Luohe-Zhumadian Expressway (under construction), go along the east side of Beijing-Guangzhou Railway, run through the south part of Henan Province, pass Runan County, Queshan County and Pingqiao District, and end in the east of Xinyang City where the interchange shall overpass the National Highway 3 12, with total length of 95 .52 km. T'his Project is planed to commence in June 2000 and complete in June 2003. The linking highways, as attachment facilities to the Expressway shall function to convert and divert the traffic flow, will directly influence the integral benefit of the Expressway. Along the route of the Zhumadian-Xinyang Expressway, There are five linking highways connecting the Expressway to the local roads, they are Zhumadian Linking Highway, Queshang Linking Highway, Minggang Linking Highway, Fenjiatang Linking Highway and Guopeng Linking Highway. The rural roads, as a attachment project to the Expressway, is also an important part of the World Bank loan supported project. A Rural Roads Improvement Plan, combining with the " the 9' five-year-plan in highway network of Henan Province", is drawn up. This plan includes 9 systems, which contains 272km long rural roads to be improved or upgraded with total estimated cost of 224.10 million Yuan RMB. Seven impoverished counties including Shancai, Pinyu, Xixian, Luoshan, Guangshan, Shangcheng, Xinxian and Pinqiao District in Xinyang City are invloved in this plan. The fulfil of this improvement plan shall greatly advance the economical development of the said impoverished areas and shall enhance the traffic capacity of the rural roads. The implementation of the Henan III Highway Project shall occupy a certain of land permanently and temporarily, demolish some of the attachments in the land requisitioned, therefore the normal life and production of the residences along the highway shall be influenced in various degrees. In order to handle these issues properly, have the residences affected got reasonable compensated and resettled, and safeguard the migrants lawful rights and benefit, the Migrant Settlement Plan is due prepared. The Migrant Settlement Plan for the third Henan Project includes three parts, i.e. the Migrant Settlement Plan for Zhumadian-Xinyang Expressway, the Migrant  Settlement Plan for Linking Highways to Zhumadian-Xinvang Expresswav and the Migrant Settlement Policies for Rural Roads Improvement Project (attached below). The total permanent land requisjtion for this project shall be 9,753.6mu, the temporary land requisition 2,071.3mu, and the houses to be demolished shall be 43,693sq.m. The total compensation cost shall be 242.2 1065 million yuan RMB3 and the people affected shall be 8,586. In which, for Zhumadian-Xinyang Expressway, the permanent land requisition shall be 9,074mu, while the temporary land requisition shall be 1,384-mu, houses removal shall be 31,752sq.m, which totally need 218.760723 million yuan RMB for compensation with 4,920 affected people. For the linking roads, the permanent land requisition shall be 67966mu, while the temporary land requisition shall be 687.3mu, houses removal shall be 11,941sq.m, which totally need 23.449936million yuan RMB for compensation with 3,666affected people. Generally, the rural roads improvement project shall not need land requisition. If there need any land requisition, the migrant settlement shall be carried out according to the policies given in "the Migrant Settlement Policies for Rural Roads Improvement Project". 2  nan 111 Highway Project Schematic MSap ; f t (l -,VI I .1~~~~~~~~~~~~~~~~~~~. X => ,~~~~~~~~~~~~~~~~Z gtio X] 1X - ' -J'- 1 1cal8ifI County (Rural Fiounh xi CoUnty engConty(RRurald