China - Third Henan Highway Project : resettlement action plan (Vol. 5 of 7) : Resettlement policy framework for rural roads improvement plan-3rd revision

RP- 31 VOL 5 u3 Henan III Highway Project Resettlement Policy Framework for Rural Roads Improvement Plan (The Third Revision) A~ctsgIan No BQX No Highway Administration Bureau Of Henan Provincial Communications Department Jan 25, 2000  I. General In order to matching the construction of Zhumadian-Xinyang Expressway and based on the requirement of the World Bank, a Rural Roads Improvement Plan was drawn up in May 1999. The rural roads within the area where the Zhumadian-Xinyang Expressway will get through are carefully screened during the preparing of the plan. According to this plan, the work shall be focus on the rural roads improving project and highway network project of badly need improved in Zhumadian Prefecture and Xinyang City. The selection of the projects to be improved have taken 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 systems with total length of 392km 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 highway networks and 9 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 thoroughly, and the better productive and living conditions shall be created to the local people. The local govermnents 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 county/township goverrunents shall arrange the civilian laborers working on public projects, the subgrade'of all the existed rural 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 cultivated land 'anrd'environment given in Lanid Management Law,; we made this'plari for improvement of the rural roads. 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 requifed 16ad 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: II. 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 govemrnments. * Relevant regulations issued by Prefectures/cities, which are accorded with the statelprovincial 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 (OD4.30) issued by the World Bank. The implementation of the Resettlement Action 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 implernenting regulations. , (2) The major provisions of the Land Management Law (the mst imvortant part) are shown as follows:C - - -- - --. Ownership - owners o l That a. The people's Republic of China carries out socialist public ownership for land. That is national ownership system and collective ownership system. The liand in urban area belongs to the state. The land in countryside and suburb, apart from those that belongs 2  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 farmners 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 village 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 13 of "Land Management Law of China"). Land usage a. Units or individuals can use the land that belongs to the state and collective of farners by 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'. -ofChina"). . - . - . -ti 7 ~~~* . . . .- ..*. *1- - j - *, d. The governents at different levels shall organize to ptepare an integral plan fr,v * -land utilization according to the plan of social and natio,W economy development,-t ..-- t - -.*- - - ~ requirements for state land renovation aind envirornmental piotection, land supply * ability and the need of land for constructions (Clausei7 of "Land Management Law of China"). e. Cultivated land is strictly controlled being transferred into non-cultivated land. 3  The state carries out compensation system for cultivated land occupation. If the cultivated 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, cultivated land cultivation fee shall be paid according to the relevant regulations. This fee will be specially used in cultivating new cultivated 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't6 the iunit whose land. is in requisition shall be executed according to following rules: . (1) Land compensation fee . -. The requisitioned cultivated 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 years. The land in other places shall be compensated by 6-8 times of the annual output value. In the requisitioned cultivated land, the by-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 cultivated 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 cultivated land. (2) Resettlement subsidy The settlement subsidy for cultivated 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 cultivated 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 cultivated 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 stated in the provincial's No.113 document (published in' 1989) and No.152 document (published in 1993). New attachment built. after land requisition bulletin is issued shall not be compensated. - - ,- - - .dsj K*sappovet 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 cultivated laidcultivationscheme,for. -' approval of the authorities in charge of land administration. The land user-shall be responsible for cultivating cultivated land that has the same area'and quality of the land occupied. If the land user is incapable to cultivate or the;ciltivated land cannot be accepted, cultivated land cultivation fee shall be paid. The. collection, use and management of cultivation fee shall be regulated in other 5  regulations of the provincial government. (Note: The cultivation fee is temporarily determined as the same cost of land 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 Resettlement Action 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 Resettlement Action Plan. If there are some important or major variations during the implementation period, a report concerming 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 Resettlement 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 cultivated land occupancy and houses removal are more than 100, a 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 resettie"m.ent.; . - - 6  I  Annual Report on Land Requisition and Removal Table 5-1 Deadline of reporting: Land Houses Number of People Cost Required Occupancy by Removal Affected the roads _____ 4, Aa~~~~~~~~~~~~~~~~~~~~~~~U than ' 1cra 0a E A P s b o.~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~- Copnsto Ctandar (1 Comenstio times _ - - 4verage Output Value/Per Mu, Land Compensation Fee, Total~~~~~~~~ Typica Averag Typica Times Note If th pepl Ouflence bylu lan ocuac an reoa ar les tha 100,a .+ . f summary,report shall be Attce to this tabeftemonturat th detaie Penetity Cindex '<-- and prgamn f compensation frteclianed rstlement ; f the9 pepl inlene ar more- .38 .r_nf Ree to the Stnarda givenrneAPo the prpsdpoexpresswa an th linin highways., . 2 Resttlmen susidRebsettlement Subsid an Times15 4 ;A \1 Tablero 6-1 stld) . .. -T Ap 7~~~~~~~~~~~~ No.tatulVlu Noe:I tepepe nlunedb lad ccpac 7iiand reovl re es tang Xiyan and Lrgandf compensation frtecliated Tstland nt1,091h peo1.5 6.33ece 8r more inert the Sanarea givenreAPo the propoedsprjecty an h-ikn ihas ____Complocates n ime 2 Rsetlemntsubidy(bsedtlemnt eachsidy9 an 9615mes T ab le 6 e s nt-es1le ) ._ _ _ _ _ _ I _ _ _ _ _ _ _ 7 yia vrg yia ie  (2) Land compensation standard Land Compensation Standard Table 6-2 Item Standard Compensation Total Compensation Fee No. Times Per mu .___________ ZMD XY ZMD XY A B C D E I Cultivated land (mu) Lower limit specified in 10.83 14.5 9,287 12,579 "Provincial Execution Method of Land .______________ Management Law' . 2 Land compensation . 6.33 8 6,906 7,692 3 Resettlement 4 6 1,835 4,406 _ _ subsidy 4 Yong crops 0.5 0.5 546 481 Compensation_ _ _ ___._. 5 Tax for cultivated 1,067 1,067 land Occupation _ _ 6 Land cultivation fee | l 6,906 7,692 Note:(l) ZMD-Zhumadian; XY-Xinyang (3) Compensation for infrastructure facilities Cost for Restoration and Improvement of the Infrastructure Facilities Table 6-3 _ Price Suggested Price Request No. Infrastructure Facilities by the Unit who by the County Price Agreed Affected Undertaking the or the Township Project__ _ _ _ _ _ _ _ A B CD I Machine-powered wells 2,200yuan/well 3,000yuan/well 2,200yuan/well 2 Hand-pressure wells 300yuan/well 300yuan/well 300yuanlwell 3 Power supply facilities, Budgetary estimate Agree with the Agree with the Telecommunication of the power supply budgetary estimate budgetary estimate facilities and made by the made by the telecommunication concerned concerned Idepartments I departments I departments . , . . .-. . -. . . ,........*- e * 9*; (4) Compensation for vulnerable groups: 1,000yuan/househole.i,: -- 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 8  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 the people affected; (5) guarding social security; (6) coordinating 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: 1 in project construction authority, 1 in each of the township govenmuents and 1 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 Bank Dec.20, 2000: release of bidding documents Jan.25, 2001: Bid opening Fab.25, 2000: Commencement of construction Fab.25, 200 1-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 si'mple, easy accessible,' transparent and imp'artial, aiming nswng complaints in 'an effective way 'in'stead of via a complicat officia chaziii3I7The complaints to be resolved via the authorities wil boost the progress of this projec- 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 viliage committees in oral or in written form. If the 9  A;~~~~~~~~~~~~~~~~~t t opinions are in oral form, it shall be written on paper by villages and properly, the complaints shall be resolved within two weeks by village commije Stage 2: If the complainants disagree with the decision made in stage 1, they can g township governments concerned within one month after receiving the decisioAmadc in stage 1. The county authorities shall make a decision on complaints withiino weeks. Stage 3: If the decision made by the county authorities still can not accepted by the persons who make complainants, within one month after receiving the stage 2 decision, they can go to the 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. Fifteen days after receiving the decision made by the county authorities, they may make a suit on every 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. l0  Addendum 1: Summary of Rural Project in Henan Province Name of No. Namne of No. Estimated Road Section Length Technical Standard Prefecturet County Cost No. Station (km) Grade Type of Width of City (10000 Pavement Pavement .______ _ yuan) __________________ _____ __ __ _ >(i) Zhumadian 25 Shangcai I 4500 1- Shangcai county Seat, 43 Class II Asphalt 9 Prefecture Xingshang road- Concrete Boundary of Zhuzhou Road 26 Pingyu 2 4500 2-1 East of Runan County 31 Class u Asphalt 9 Scat, Zhuxin road- Concrete _______ _ Pinyu . 16 Xinyang 3 5040 3-1 Shilihe- 34 Class 11 Asphalt 12 _ __________ _ Zhanguiatucheng Concrete Xinyang 22 Xixian 4 5400 4-1 Guanjin- 43 Class 11 Asphalt 12 Prefecture Hupuka iao Concrete 17 Luoshang 3610 5-I1 Jiangwan Bridge, II Class 11 Asphalt 12 Kaigong road- Concrete _ _________ ________ Luoshan County Seat 5 5-2 Luoshan County Seat, 49 Class Asphalt 7 Kaigong road- III Concrete .______ .Gongiapeng 18 Guangshan 6 960 6-1 Guangshan-Mafan 32 Class Asphalt 7 _ ____________ _______ 111 Concrete 15 Shangcheng 7 900 7- 1 Shangcheng- 45 Class Asphalt 6. .________ .______ . Changzhuyang . IV Concrete 17 Xinxian 8 2300 8 1 County seat- 48 Non- Asphalt 7 Zhongtudian-Hepu . class Concrete 16 Xinyang 9 2860 9-1 Dongiiahe- 36 Non- Asphalt - 7 .________ _______Shihegang-Tanjiahe class Concrete Total 30070 1 372 1 .~~ . . s~~~~~~~~~~~~~~~~~~~~~I