General Report on Migrant Resettlement...
Transcript of General Report on Migrant Resettlement...
General Report on Migrant Resettlement Plan
Xi’an Urban Comprehensive Transportation
Improvement Project
�The World Bank Evaluating Version
Authorized by Xi’an Development and Reform Committee
Shaanxi Academy of Social Science
2008.04
RP563
V1
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Contents
Purpose of Resettlement Action Plan and Definition of Resettlement Terms ............................ i
1.General ......................................................................................................................................... 1
1.1 Purpose of the project construction...................................................................................... 1
1.2 .Project background............................................................................................................... 2
1.3 Contents of the project........................................................................................................... 4
1.4 Measures to reduce migrants................................................................................................. 6
1.5 Policy Goals of this report ..................................................................................................... 6
2. Analysis on the Affected Object Index by the Project ............................................................ 7
2.1 The affected land .................................................................................................................... 9
2.2 The affected houses for households....................................................................................... 9
2.3 The affected non- household houses ................................................................................... 10
2.4 The affected Enterprises and units ......................................................................................11
2.5 The affected individually-owned business...........................................................................11
2.6 The affected over-ground attachment..................................................................................11
2.7 The affected population ....................................................................................................... 12
2.8 The affected population of minorities................................................................................. 13
2.9 The affected weak group...................................................................................................... 13
3. Law and Policy ......................................................................................................................... 14
3.1. Laws and Regulations of People’s Republic of China ...................................................... 14
3. 2 Regulations and Policy of Shaanxi Province..................................................................... 14
3.3 Regulations and Policy of Xi’an .......................................................................................... 14
3.4 Policy of World Bank ........................................................................................................... 14
3.5 Resettlement Policies on migrations of the Project ........................................................... 15
3.5.1 Policies on compensation for Permanent land acquisition........................................... 15
3.5.2 Principles of migrants resettlement for land acquisition ............................................. 15
3.5.3 Principle on resettlement for rural relocated residents................................................ 16
3.5.4The resettlement principle of demolished and Relocated shops and enterprise ......... 17
3. 5.5 Policy on affected over-ground objects attached to the land ...................................... 17
4 .Compensation standards ......................................................................................................... 18
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4.1Land requisition compensation standards .......................................................................... 18
4.2 Compensation standards for residential housing .............................................................. 19
4.3 Compensation standards for non-residential housing....................................................... 19
4.4 Public facilities and ground fixtures compensation standards......................................... 20
5. Proposals for Migrants’ Work and Life Resuming................................................................ 21
5.1 The resettlement target ........................................................................................................ 21
5.2 The resettlement principles.................................................................................................. 21
5.2.1 Minimization of migrants principle ............................................................................... 21
5.2.2 Equivalent compensation principle................................................................................ 21
5.2.3 Keystone preferential principle...................................................................................... 22
5.3 General Scheme of the Migrants Resettlement.................................................................. 23
5.3.1 The layout of residence rebuilding................................................................................. 24
5.3.2 Production restoration scheme....................................................................................... 25
5.3.3 Organizatio and management of the removal implementation ................................... 26
5.3.4 Training programme ....................................................................................................... 26
5.3.5 The utilization of resettlement fund and security guarantee....................................... 26
5.4 The resettlement scheme of the individually-owned business .......................................... 28
5.5 The resettlement scheme of the enterprises........................................................................ 28
5.6 The removal and rebuiding plan of the special facilities................................................... 28
6.Public Participation and Information Publication................................................................. 29
6.1Public participation modes ................................................................................................... 29
6.2 Process of public participation............................................................................................ 30
7. Appeal........................................................................................................................................ 32
7.1 The appeal-accepting organization ..................................................................................... 33
7.2 Appeal procedure.................................................................................................................. 33
8. Institute Organization and Duties........................................................................................... 35
8.1 Executing organ.................................................................................................................... 35
8.2 Implementing organ............................................................................................................. 35
8.3 Coordination organ .............................................................................................................. 36
8.4 Internal supervision organ .................................................................................................. 36
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8.5 External supervision organ.................................................................................................. 37
9. Plan Implementation................................................................................................................ 38
9.1 Implementing procedure...................................................................................................... 38
9.1.1 Land requisition and compensation............................................................................... 40
9.1.2 Production resetting and restoration............................................................................. 41
9.2 Progress arrangement .......................................................................................................... 42
10. Budget and Source of Funds.................................................................................................. 43
10.1 Estimation of removal and resettlement fees ................................................................... 43
10.2 Source of fund..................................................................................................................... 45
10.3 Fund appropriation............................................................................................................ 45
11. Monitor and Evaluation......................................................................................................... 48
11.1 Inner monitor...................................................................................................................... 48
11.2 Exterior monitor ................................................................................................................. 48
12.Table of Rights and Interests.................................................................................................. 50
APPENDIX:
Migrants Removal Plan on Xi’an Urban Road Network Improvement Project
Migrants Removal Plan on Huxian County Urban Road Network Improvement Project
Migrants Removal Plan on First Stage of Weiyang Palace Han Dynasty Road
Protection Project
Policy Framework on Migrants Removal of Xi’an Public Traffic Improvement Project
Migrants Removal Plan on Xi’an Urban Air Pollution Comprehensive Supervision and
Prevention Project
VI Migrants Removal Plan on The bus hub of urban south Improvement Project
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Purpose of Resettlement Action Plan and Definition of Resettlement Terms
Resettlement Action Plan (RAP) is made according to relative State and local laws and
regulations of People’s Republic of China and a series of articles or clauses in the World Bank
Operational Polices for Involuntary Resettlement OP4.12. The purpose of the document is to
“formulate an action plan for the resettlement and recovery of project affected persons to ensure
that they will benefit from the project and enjoy a better life or to at least maintain their former life
standards after the accomplishment of the project.”
The acquisition of land and other properties involved in the projects will affect those who
work or live on the land.
The Project Affected Persons (PAPs) is defined as following:�
The so-called Project Affected Persons refers to those whose living standards have been or
will be influenced negatively because of the implementation of the project, or those whose house
ownership, rights or interests, land (including house site, farmland and pasture) or other personal
estate or real estate have been acquired or occupied temporally or for a long time; or those whose
business, profession, work, residence or habit have been affected negatively.
The Affected may be individuals or legal persons like corporations or public agencies. In the
definition of the Project Affected Persons, no restriction is posed on their lawful registration,
permit for life or business scope in the affected area, nor is the compensation for their properties
restricted. The affected persons include:
(1) All the affected persons regardless their lawful rights, interests, and their presence during
acquisition of their properties.
(2) Those with no residence permit in particular districts.
Compensation should be conducted to all the persons affected by the Project to improve or at
least maintain their living standards. Besides, compensation should be conducted for the lost
properties by their replacement cost, rather than by depreciation or other excuses resulting in the
decrease or discount of compensation amount. All those affected by the Project should gain rights
and interests from the influence of the project. Furthermore, besides compensation on the loss of
their properties, subsidy should be granted for their recovery. With regards to those persons
who run businesses, reclaim land, or construct without permit of properties, rights and interests, or
legal residence but are affected by the Project, they should be treated the same as those with
formal legal properties, rights and interests, and permits, and they are qualified to renew their lives
and gain compensation for properties.
Definition to “Resettlement”
Resettlement refers to the arrangement for the PAPs in terms of production and lives for
their benefits from the project. It mainly includes:
(1) Relocation of living sites;
(2) Reemployment of those affected in terms of their work;
(3) Recovery (or compensation) for the affected land, working place, trees and
infrastructure, etc.
(4)Recovery work conducted for those negatively affected in terms of their living standards
or (life quality) because of acquisition and resettlement.
(5) Recovery or compensation for individuals or public enterprises;
(6) Recovery for the negative influence in terms of culture or collective properties.
Definition for “Recovery”
Recovery means to renew the abilities of PAPs to continue their productivities or to lift or at
least maintain their lives to the level prior to the Project.
The purpose of the RAP is to provide a resettlement recovery plan for the PAPs to make
their loss compensated and their living standards improved or at least maintained to the level prior
to the Project. To achieve this goal, recovery measurements have been provided in the plan to
recover the income of the PAPs for them to sustain their life. Likewise, the affected business and
productive resources (including shops and enterprises), public properties, infrastructure and
cultural properties will also be improved or at least recovered to the previous level.
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1.General
1.1 Purpose of the project construction
The lag of municipal transportation in Xi’an city is the prominent problem in the
economic and social development and is also a handicap in raising the residents’living
standard. Especially in the recent years, with the 3rd Ring-Road system completed, the
new traffic problems caused by urban expansion, rapid development of economy,
increasing numbers of vehicles and people’s individualized demands for the
transportation are becoming more serious. In order to bring in the international
advanced managing ideas of municipal transportation, the technology and the fund,
improve Xi’an municipal comprehensive transportation systematically and
thoroughly, and to optimize the layout of the city, raise the status of the city, improve
the investing environment and quicken the adjusting of the industry, Xi'an municipal
government proposed Xi'an Comprehensive Urban Transport Improvement Project.
This project aims to improve the environment of Xi'an municipal transportation.
It mainly solves problems of incomplete road network in and around the old city, the
backward transportation controlling system, preventing and controlling transportation
pollution on environment as well as protecting cultural heritage and relics in the old
city. The implementation of the project may fundamentally improve Xi'an municipal
comprehensive transportation system, alleviate the contradiction between vehicles and
roads, improve the air quality, strengthen the protection of cultural heritage and relics
in Xi'an city, speed up the adjustment of Xi'an municipal space layout, perfect Xi'an
urban overall function�promote Xi’an city’s status, improve the environment of investment and residence and meet the need for a rapid and healthy development of
economy and society in Xi'an
In order to rightly guide the work of land acquisition and migrants removal involved
in the implementation of the project and to properly allocate the affected people to
make sure that their production and life can be improved or at least restored to the
previous level and finally to make them benefited from the project, the proect office
of Xi’an Municipal Development and Reform Committee entrusts Shaanxi Social
Science Academy with the task to work out plans in terms of the World Bank’s policy
on non-voluntary migrants and the proceeding requirements of OP/BP4.12 . The plans
include Migrants Removal Plan on Xi’an Urban Road Network Improvement Project,
Migrants Removal Plan on Huxian County Urban Road Network Improvement
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Project, Migrants Removal Plan on First stage of Weiyang Palace Han Dynasty Road
Protection Project, Migrants Removal Plan on Urban Air Pollution Comprehensive
Supervision and Prevention Project Xi’an and Policy Framework on Migrants
Removal of Xi’an Public Traffic Improvement Project. Migrants Removal Plan on
The bus hub of urban south Improvement Project�This report is a collection of the
above 6 reports
1.2 .Project background
As the capital city of Shaanxi province, Xi’an is one of the four major ancient
capitals in the world, enjoying equal fame with Athens, Cairo, and Rome. Xi’an was
once the capital of thirteen dynasties in Chinese history, including Zhou, Qin, Han,
and Tang. Xi’an City is in the middle of Guanzhong Plain, between 33°42 �34°46north latitude, 107°40 �109°49 east longitude, and with Qinling Mountain in the south, Weihe River in the north. The maximum length from east to west is 204km,
and the maximum length from south to north is 116km. It has an overall area of 10108
km2, of which the urban area is 3582 km2. The total population of Xi'an is 8.23
million, including 7.5311 million resident population and 207.04 households, which
make a population density of 814 persons / km2. Now Xi’an has jurisdiction over 9
districts and 4 counties, namely Xincheng District, Beilin District, Lianhu District,
Baqiao District, Weiyang District, Yanta District, Yanliang District, Lintong District
and Chang’an District as well as Lantian County, Zhouzhi County, Huxian County
and Gaoling County.
In recent years, with the revival of Xi’an Royal City, the protection of heritages
and relics, the synthesized development of Xi’an-Xianyang, and the northward move
of the municipal center, the urban framework of Xi’an is expanded further and the
urban function is also well improved. Centered on the nucleus city and expanding
along a “�” shaped transport framework leading to Lintong in the east, to Xianyang in the west, to Sanyuan in the north, to Yanliang in the Northeast, to Lantian in the
Southeast, to Huxian in the Southwest and and to Empty Harbor in the Northwest,
the whole city is forming a Nine-palace Pattern relying upon the strategic “One-city
but Multiple-core” pattern.
Now Xi’an is the first largest centre city and a technology-education center in
middle-west China. It holds a leading position in the fields of applied technologies,
such as aviation, aerospace, weaponry, electronics, machinery, communication, meter,
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optics, light and textile industry and electrical equipment. It is China’s manufacturing
industry center, inland transportation and communication center, material circulating
and trade and commerce center, as well as a historical and cultural tourism center. In
recent years, taking the opportunity of developing the west and guided with the urban
development idea of internationalization, market, humanization and ecology, Xi’an
has developed robustly with its advantages in superior geographical position and
industries, such as science, technology, education, culture, equipment manufacturing
and hi-tech industries. At present, the layout of “four zones and two bases” has taken
shape, which includes the High-tech Industrial Developmental Zone , the Economic-
technological Developmental Zone , the New Qujiang Zone and the Canba Ecological
Zone as well as Yanliang National Aviation Hi-tech Industry Base and Xi’an
Aerospace Science and Technology Industry Base. 6 leading industries, such as High-
new-tech industry, equipment manufacturing industry, tourism industry, modern
service industry and cultural industry, etc. have been important powers supporting
Xi’an’ economy.
In 2006, the GDP of Xi’an reached up to RMB 145.002 billion Yuan. Per capita
GDP was RMB 17794 Yuan. Compared with the previous year, the primary industry,
secondary industry and tertiary industry were respectively increased by RMB 7.073
billion Yuan, RMB 61.526 billion Yuan and RMB 76.403 billion Yuan. The annual
salary for employed workers was RMB 20316 Yuan, Urban Resident’s Disposable
Income was RMB 10905Yuan, Farmer’s Per Capita Disposable Income was RMB
3809 Yuan. Per capita room area for urban resident and farmer were respectively
23.15� and 40.05�. The total amount of social fix-asset investment reached up to RMB 106.662 billion
Yuan, of which RMB 1.004 billion Yuan was invested in primary industry, RMB
21.343 billion Yuan in secondary industry, and RMB 74.837 billion Yuan in tertiary
industry. The yearly investment on “four zones and two bases” was 28.944 billion
Yuan, of which 13.696 billion Yuan was invested on High-tech Industrial
Developmental Zone, 8.192 billion Yuan on the Economic-technological
Developmental Zone, 5.162 billion Yuan on the New Qujiang Zone, 1.297 billion
Yuan on the Canba Ecological Zone and 0.615 billion Yuan on Yanliang National
Aviation Hi-tech Industry
Base.
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1.3 Contents of the project
The project is made up of 6 sub-projects, namely Road Network Improvement
Project, Public Transport Project, Traffic Management Improvement Project, Urban
Air Pollution Comprehensive Supervision and Prevention Project, Cultural Heritage
Protection and Capacity Construction (Technological Aid) Project.
There are 4 sub-projects involving migrants removal. They are Road Network
Improvement Project (including Xi’an City Road Network Construction Project and
Huxian County Urban Road Network Construction Project), Public Transport Project,
Urban Air Pollution Comprehensive Supervision and Prevention Project, Cultural
Heritage Protection (First stage of Weiyang Palace Han Dynasty Road Protection
Project).
¾ Road Network Improvement Projec
c Xi’an City Road Network Construction Project 6 interchanges(comprehensive traffic
controlling project of South Gate and South Huancheng Road, Yuxiang Gate interchange, East
Gate interchange, East 2nd Ring Road-North 2nd Ring Road interchange, East 2nd Ring Road-
South 2nd Ring Road interchange and Taibai South Road-Zhangba Road interchange) 4 overpass
and underpass (Beidadai-Xihuamen underpass, Beidajie-Xiqilu underpass, Youyilu-Wenyilu ring
overpass and Youyilu- Taibailu ring overpass).
d Huxian County Urban Road Network Construction Project 4 roads, namely Meibei Road
,Lvgong Road ,Xincheng Road and Dongcheng Road. 1 interchange , at Lvgong Road crosses
through Xi’an-Yuxia Railway.
¾ Public Transport Project
The proposed project includes13 public special routes with a length of 128.43km. These ten
routes are: Red Flag Factory-Taihua Road-East Ring Road-Taiyi Road-Qujiang, Zhuhong Road-
Xinghuo Road-West Ring Road-Taibai Road, Keji Road-Xixieqi Road-Jixiang Road-East Xiaozai,
Xilu Road-Xiying Road, the whole Youyi Road, the whole Laodong Road-Gaoxin Road, Jiefang
Road-Heping Road-Dayan Pagoda, Hongguang Road-Fenggao Road-Xiguanzheng Street-East and
West Street-Shiyuan Road-Huzhu Road-Hansen Road, Hancheng Road-North Zhangba Road, the
whole Xingqing Road, Weiyang Road-South and North Street-Chang’an Road. east Zhangba
Rd(Xiwan Rd-Zhuque sreet) Middle Xianning Rd-west Xianning Rd-east of south Ring Rd-west of
south Ring Rd-Fengqing Rd Zhuque Rd(east Zhangba Rd-Zhuque Rd)
There are 2 public transport hubs, Textile City Station Hub and City South Station Hub. The
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only preservation yard is the newly-built preservation yard in North outskirt..
¾ Traffic Management Improvement Project
The project includes 8 aspects: Regional Traffic Controlling System,Traffic Channelling at
crossings, Road Traffic Monitoring System, Comprehensive Traffic Guiding System,
Information System Building, Accident Analysis Software\ Accident Checking and Rescuing
equipment\ Traffic Safety Program, Road Signs and facilities\Traffic information boards on
roadside\Traffic breaddown auto-examining equipment, and Road users’ education\ Parking lot
improvement\ Passengers and bicycles traffic system improvement.
¾ Urban Air Pollution Comprehensive Supervision and Prevention Project
The project includes 4 large systems and a center, which respectively are Urban Transport
Pollution Discharge Monitoring and Controlling System, Environment and Air Quality
Examining System, Air Quality Information Management and Data Analysis System,
Supporting and safeguarding System, and the Environment and Air Supervision Center of
Xi’an City.
¾ Cultural Heritage Protection Project
c Project of Bicycle Road Network inside the city wall of Ming Dynasty By constructing
and rebuilding the bicycle lanes in and around the city wall of Ming Dynasty, the problem of
vehicles and non-motor vehicles running in disorder in alleys can be solved. The project is
planned to be extended to a large area inside the 2nd ring road.
d First stage of Weiyang Palace Han Dynasty Road Protection Project 5 Han Dynasty
roads planned to be built under protection, namely East-west Road north of the front
palace, East-west Road south of the front palace, South-north Road east of the front
palace, Huantu Road inside the city wall of Han dynasty, Street outside Xi’an Gate.
¾ Capacity Construction( technological aid) Project
The project mainly deals with personnel training and soft subject research. The latter
includes 10 soft items, such as transport programming, parking strategies, Public transport
rules, Public transport reform study, plan and analysis of the financial resource, etc.
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1.4 Measures to reduce migrants
Xi’an Urban Comprehensive Transport Improvement Project involves 6 big sub-
projects, each of which includes many branch projects. In the designing process,
the relevant designing units optimize and compare various plans, and on condition
of meeting the need of the project, try to choose the plan with minimal migrants so
as to fundamentally reduce the amount of migrants. In order to occupy less
farmland, roads, interchanges and other occupied land, larger servicing facilities
are designed trying to avoid the farmland and the residential area. At the same
time, by optimizing the implementing design, limiting the time of project and
reasonably arrange time intervals of demolition and construction, we can reduce
the migrants property loss as far as possible. For example, the house demolition
and relocation and the reconstruction are generally arranged in the free season and
the land utilization generally after the harvests.
1.5 Policy Goals of this report
z Take engineering, technological and economic measures to avoid or reduce the
amount of land acquisition, house demolition, migrants and objects; when the
land acquisition and house demolition is unavoidable, take effective measures to
reduce the impact on the local production and life.
z Make demolition & relocation object index and economic subsidy standard the
base for the migrants resettlement, aimed to improve or at least restore the
migrants production and life to the previous level.
z Promote technology and skill training for the jobless and hard-living migrants
and provide plentiful job opportunities.
z Encourage the migrants and the residents in the resettlement area to take part in
the program of removal and resettlement.
z Accept the labor of the migrants and the residents in the resettlement area,
encourage them to take part in the construction and make them enjoy the
benefits of the project.
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2. Analysis on the Affected Object Index by the Project
From October 2005 to December 2006, with the participation and help of leaders from local
governments , administrative villages and villager teams at all levels and the migrants, the
concerned techincians from the project designing unit divided into 5 investigating groups , made a
survey on the main object index, including the affected persons, houses and attachments, land,
and special establishments. Table2-1 shows the main object index affected by Xi’an urban
comprehensive transportation improvement project. At this stage, the permanently required land
area and demolishion area will be adjusted and located by measure on the spot according to the
report of each sub-projects. The areas will be partially adjusted with further designation.
Table 2.1 List of the objects affected in Xi’an urban comprehensive transportation
improvement project.
Sub-project
item
types
Xi’an city
road network
construction
Huxian
County road
construction
Weiyang
Palace Han
Dynasty
road
protection
Project of
comprehensive
supervision,
control and
prevention
The bus hub of urban south
total
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protection against air
pollution in
Xi’an city
State-owned
land�mu� 78.95 / 93.24 /
/172.19
Collective land�mu� 20 919.7 213.9 60 38.108 1251.708
Land
acquisition
Sub-total�mu� 98. 95 919.7 307.14 60 38.108 1423.898
household
houses�m2�11084 10991 9000 /
31075
houses for
enterprises(workshops)
�m2�
10342 9863.1 21000 /
41205.1
Houses to
be
demolished
Sub-total�m2� 21426 20854.1 30000 / 72280.1
electric poles 382 / / / 382
Roadside trees 3239 / / / 3239
Fruit trees / / 12000 / 12000
Other trees / / 9000 / 9000
attachments
Fish pond�mu� / / 3.4 / 3.4
Land acquisition affect
(person) / / 67 276
75 418
Affected
population
House demolition of
households affect
(person)
195 315 157 /
667
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House demolition of
non-households affect
(person)
560 135 34 /
729
Sub-total (persons) 755 450 258 276 1814
2.1 The affected land
The project involves permanent land acquisition1423.898mu, state-owned land
172.19 mu , collective land1251.708mu, as is shown in the following table 2.2.
Table 2.2 List of the impact on permanent land acquisition
unit mu
category
Items Area of the
acquired land State-owned
land
Collective
land
Xi’an city road network construction 98.95 78.95 20
Huxian County road construction 919.7 / 919.7
Weiyang Palace Han Dynasty road
protection (first stage) 307.14 93.24 213.90
The bus hub of urban south �� ��� / 38.108
Project of comprehensive supervision,
control and prevention against air
pollution in Xi’an city
60 / 60
Total �������� ������ ��������
2.2 The affected houses for households
Three sub-projects of the project involve demolition of houses for households.
The total area of the demolition reaches31075 square meters, including 11084 square
meters for the Xi’an city Road Network construction, 10991 for the Huxian County
Road construction and 7600 for the first period project of protection of Weiyang
Palace Han Dynasty Road project. For details sees table 2.3.
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Table2.3 List of the affected houses for households
Area of household houses�m2�
item subtotal
Brick-
concrete
Brick-
wood
Earth-
wood simple
Xi’an city road
network
construction
11084 11084 / / /
Huxian County road
construction 10991 8111 1495 1385 /
Weiyang Palace
Han Dynasty Road
Protection project
(first stage)
9000 6500 1500 / 1000
total 31075 25695 2995 1385 1000
2.3 The affected non- household houses
Four sub-projects involve demolition and resettlement of the non-household
houses, the area of which reaches 41205.1.1square meters, including 10342 square
meters for the Xi’an city road network construction, 9863.1 for the Huxian county
road construction, 21000 for the first period of Weiyang Palace Han Dynasty road
protection project and 800 for the Project of comprehensive supervision, control and
prevention against air pollution in Xi’an city. For details sees table 2.4.
Table 2.4 Impact on non- household houses
Area of houses for enterprises(workshops) �m2�
item Sub-total
Brick-
concrete Brick-wood simple
Xi’an city road network
construction 10342 9912 270 160
Huxian County road
construction 9863.1 9863.1 / /
Weiyang Palace Han
Dynasty Road Protection 21000 21000 / /
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Area of houses for enterprises(workshops) �m2�
item Sub-total
Brick-
concrete Brick-wood simple
project (first stage)
total 41205.1 40775.1 270 160
2.4 The affected Enterprises and units
There are altogether 9 enterprises and units affected by the project ,of which the
Huxian County sub-project affects 1, the Road network project affects 7 and the
WeiYang Palace project affect 1. According to the investigation on the spot, only a
small part of the buildings of the affected enterprises and units need to be demolished
and removed, which will not affect their normal production and operation. For details,
see the attached reports of each sub-project.
2.5 The affected individually-owned business
Two sub-projects involve 114 individually-owned businesses. Xi’an city road
network construction affects 88 and HuXian sub-project affects 26. For details see the
attached reports of each sub-project.
2.6 The affected over-ground attachment
Three sub-projects involve ground attachment and public facilities, including
Xi’an city road network construction, Weiyang Palace Han Dynasty Road Protection
project and HuXian County road facilities construction project.
For details see table 2.5.
Table 2.5 Influenced over-ground attachment and public facilities in the construction
of the Xi’an city comprehensive traffic improvement project.
items
Xi’an city
road network
construction
Weiyang Palace
Han Dynasty
Road Protection
project
total
Electric pole 382 / 382
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Roadside tree 3239 / 3239
Fruit tree
/ 12000 12000
Fish pond
/ 3.4 3.4
other tree / 9000 9000
2.7 The affected population
Four sub-projects involve land acquisition, house demolition and removal, which will affect 1814 persons. Xi’an city road network construction project involve 755 persons, Huxian County road construction project involve 450 persons, Weiyang Palace Han Dynasty road protection project (first stage) 258 persons and Comprehensive supervision, control and prevention against air pollution project in Xi’an city 276 persons, The bus hub of urban south75 persons.as is shown in table 2.6.
Table 2.6 The Affected Persons
items Types of land acquisition and
house demolition Affected persons
House demolition of households 195
House demolition of non-
households 560
Xi’an city road
network
construction
project Sub-total 755
House demolition of households 315
House demolition of non-
households 135
Huxian County
road
construction
project Sub-total 450
Permanent land acquisition 67
House demolition of household 157
House demolition of non-
household 34
Weiyang
Palace Han
Dynasty road
protection
project (first
stage) Sub-total 258
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items Types of land acquisition and
house demolition Affected persons
Permanent land acquisition 276 Comprehensive
supervision,
control and
prevention
against air
pollution
project in Xi’an
city
Sub-total 276
Permanent land acquisition �� The bus hub of
urban south Sub-total ��
Total ����
2.8 The affected population of minorities
It is investigated on the spot that there are no minorities involved in the project.
2.9 The affected weak group
It is investigated on the spot that there hasn’t been any weak group found at this stage which
need special support. However, to take into account the potential natural disaster and other
unpredictable factors, 20% of the removal households are temporarily taken as the weak group
and are to be supported with proper subsidy. The actually affected weak group will be further
confirmed by analyzing and comparing the data offered by the local administrative department.
Off course, the self objective condition such as the family member structure, the labour force
employment and the family resources are also considered. Once some affected families are
confirmed as the weak group, they will be offered special help during the progress of the
removal and resettlement. For example, they will be offered proper favour and care on the house
building, resource allocation, e.t c.
General Report on Migrant Resettlement Plan
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3. Law and Policy
3.1. Laws and Regulations of People’s Republic of China
The Law of Land Administration of the People’s Republic of China (came into effect on
AUG.28, 2004) ;
The Implementation Regulations of the Land Management Law of the People’s Republic of
China (came into effect on AUG.28, 2004)
The Law of People’s Republic of China on Urban Real Estate Administration (came into
effect on Jan.1, 1995)
Regulations for Management of Urban House Demolition (came into effect on Nov.1, 2001)
3. 2 Regulations and Policy of Shaanxi Province
Measures of Shaanxi Province on Implementing the The Law of Land Administration of the
People’s Republic of China (took into effect on Jan.1, 2000)
Measures of Shaanxi Province on Implementing the The Law of Land Administration of the
People’s Republic of China (took into effect on Jan.1, 2000)
Rules for the Protection of Basic Farmland (took into effect on Apr.4, 1996)
Measures of Unified Land Acquisition of Shaanxi Province for Construction Project (took
into effect on Mar.1, 2002)
Shaanxi Provincial Regulations on Management of Urban House Demolition Compensation
(came into effect on Dec.1, 2003)
3.3 Regulations and Policy of Xi’an
Temporary Regulations on Xi’an Urban House Demolition Assessment (took into effect on
Jun.10, 2004)
Detailed Rules for Implementation of Urban House Demolition in Xi’an (took into effect on
Jun.10, 2004)
The fourth Master Plan of Xi’an City
2003-2020 Master Plan of Huxian County
3.4 Policy of World Bank
World Bank Operational Policy OP4.12 Involuntary Immigration (Dec. 2001)
General Report on Migrant Resettlement Plan
15
World Bank Operational Policy OP4.12—Annex Table 1 Involuntary
Immigration.
3.5 Resettlement Policies on migrations of the Project
The resettlement policy on migration implemented by the Project is made in terms of related
regulations and laws formulated by People’s Republic of China, Shaanxi Provincial People’s
Government, Xi’an Municipal People’s Government, and the World Bank.
3.5.1 Policies on compensation for Permanent land acquisition
1 For those whose land is acquired, compensation shall be paid in terms of the primary
function of the acquired land. The compensation fee of land acquisition shall include land
compensation fee, resettlement subsidy and compensation fee of over-ground objects which are
attached to the land and young crops. And the compensation fee of over-ground attachments and
young crops shall be given to their owners, but the young crops compensation will not be given to
whose land without young crops.
2 The compensation fee for farmland acquisition shall be paid as many as nine times of
annual average production value of the previous three years. Land compensation belongs to the
village collective organization, therefore should be given directly to the committee of villagers to
be used to develop production and restore the economic condition of the people who are affected.
3 The relocation subsidy for farmland acquisition shall be calculated by six times of annual
average production value of the land. Resettlement allowance is given to the committee of
villagers or the villager groups which are affected.
4 If the land compensation and resettlement subsidy based on the previous article cannot
make the villagers required settling remain their original living standard, more compensation can
be added with the approval of the provincial people’s government, but the total amount cannot
surpass thirty times of the average annual production value of the land prior to the land
acquisition.
3.5.2 Principles of migrants resettlement for land acquisition
�1�For the villagers whose production and living mostly depends on farmland losing the most land owing to demolition & relocation and land acquisition can
choose changing from peasant to non-peasant voluntarily. Their registered permanent
residence can change to city residents and will be brought into city social insurance.
General Report on Migrant Resettlement Plan
16
They can also be protected by low income protection policy and be resettled by
government to take up an occupation in an enterprise in town. Or these peasants can
set up village enterprise, agriculture byproducts processing factory, etc. In addition,
they can undertake the third-industry after training, for example restaurant, business,
repairing, transportation, production service (such as agricultural products providing),
living service (such as hairdressing, housework, removing, etc). For the villages
possessing of land can make other choices according to the will of migrants. The
government can admeasure them farmland with considerable acreage and fertility to
help them renew production, adjust planting configuration, increase production value
of farmland and improve living standard finally.
�2�For the villager whose production and living does not depend on land losing most of their land because of demolition & relocation and land acquisition can choose
to non-peasant either. They will have work position in village enterprise arranged by
town government or undertake the third industry after training, for example
restaurant, business, repairing, service, etc. For the people who want to leave to find a
job outside the village government can provide them employment training,
agricultural skill training and labour force supply and need information according to
the need.
�3�For the peasant losing a few of land owing to demolition government will help them adjust industry configuration combined with socialism new country
construction and “one village one products” development. Adjust planting structure
and variety structure according to market and local layout. Confirm a certain main
products and drive industrialization step by step. Realize the improving of peasants’
living standard through strengthen “one village one products”.
�4�All labour force influenced by the project will be relocated appropriately.
3.5.3 Principle on resettlement for rural relocated residents
As for the rural houses affected by the Project, two ways are adopted to undertake relocation
work based on intention of affected peasant households:
�1�Monetary compensation
Compensation shall be paid in terms of replacement cost. See details of
compensation Policy in related laws ,regulations ,and compensation standards in
Chapter V.
General Report on Migrant Resettlement Plan
17
Based on the investigated opinions and the practicality, Huxian County urban
road facilities construction project is mainly compensated in moneytary form. The rest
two projects compensation forms will be selected freely according to the villagers’
intention.
�2�Exchange of property rights
Provided that the demolished household is unwilling to accept monetary
compensation, then they can take the compensation according to the way of Exchange
of property rights. The resettlement shall be done by balance out between the real
estate market price of demolished house and the real estate market price of relocation
house. See details from related laws and regulations.
3.5.4The resettlement principle of demolished and Relocated shops and enterprise
The government department which will demolish enterprises will make
comprehensive technological economical analysis resettlement scheme of each
enterprises which will be demolished. For the enterprises influenced by the demolition
should try to rebuild and renew operation and production on the spot on condition of
matching production. If the enterprises can not renew the production scale on the spot
they have to rebuild in other position. Try to demolish and build by themselves, avoid
or reduce stopping production. The project department will deliver proper and near
place or industry district to enterprises for resettling by cooperating with city planning
department. The resettlement position will be confirmed according with city planning
by the treaty between the enterprises influenced by demolish and project department.
Resettle the industry enterprises which will be relocated in other place as early as
possible. Start rebuilding in advance. For the marketplaces and shops local
government can arrange resettlement place exclusively or offer them transition
expanses. These markets will be rebuilt on the old place or near the old place after the
accomplishment of the project.
3. 5.5 Policy on affected over-ground objects attached to the land
The affected infrastructure and over-ground attachments shall be paid in terms of
replacement cost principle.
General Report on Migrant Resettlement Plan
18
4 .Compensation standards
4.1Land requisition compensation standards
Table 4.1 Permanent land compensation rates
Collective land (Yuan / mu)
Land types
Subitems name
State-owned land
Yuan / mu
Land compensation
fee
Resettlement subsidies
Young crop compensation
Xi’an city road network
construction 100000-120000 48000 32000 /
Huxian County road
construction / 12240 6800 960
Weiyang Palace Han Dynasty
road protection / 38160 25440 /
Project of comprehensive
supervision, control and prevention against air pollution in Xi’an city
/ 10000 17333.3 /
The bus hub of urban south � ������ ����� �
General Report on Migrant Resettlement Plan
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4.2 Compensation standards for residential housing
Table 4.2 Compensation standards for residential housing
Compensation standards Other grants
Subitems name
Brick-concrete
yuan/ m2
Brick-wood yuan/
m2
Earth-wood yuan/
m2
Move grants yuan/households
Temporary relocation yuan/month
m2 Xi’an city
road network
construction
1600 / / 500 /
Huxian County
road construction
450 260 150 500 2.5
Weiyang Palace Han
Dynasty road
protection
900-1100
850-950
700-900 500-1000 /
4.3 Compensation standards for non-residential housing
Table 4.3 Compensation standards for non-residential housing
Compensation standards Other grants Structure
Subitems name
Brick-concrete�yuan/ m2�
Brick-wood yuan/
m2
simpleyuan/ m2
Appurtenances
�yuan/ m2�
Move grants �yuan/
Households�
Xi’an city road network
construction
4200-5500
5400 4000-5300
/ 500
Huxian County road
construction 420 320 500
Weiyang Palace Han
Dynasty road protection
1000-1100
/ 500
General Report on Migrant Resettlement Plan
20
4.4 Public facilities and ground fixtures compensation standards
Table 4.4 Public facilities and ground fixtures compensation standards
Compensation standards categories Units Xi’an city road network
construction Weiyang Palace Han
Dynasty road protection
Electric pole yuan/pole 3000 /
Roadside tree yuan/tree 500 /
Fruit tree yuan/tree / 130-170
Other tree yuan/tree / 17-25
Fish pond yuan/mu / 18000-22000
General Report on Migrant Resettlement Plan
21
5. Proposals for Migrants’ Work and Life Resuming
5.1 The resettlement target
The resettlement target of this project is to ensure the compensation return of the
migrants’ whole loss, reasonable resettlement and good resume, making them share
the benefit of the project and provide them assistant for their temporary difficulties.
Through this project, their income level, living standard and the production and profit
capability of enterprises can be increased or at least resumed to the comparatively
high level before removal or before the project starts.
5.2 The resettlement principles
5.2.1 Minimization of migrants principle
On the basis of meeting the designing requirements, plans are optimized as well as possible
to reduce land acquisition, house demolition and the impact of the project and thereby reduce
the number of migrants to the minimum. Besides, non-farm land is primarily selected for the
project to decrease the impact on the migrants production and income.
5.2.2 Equivalent compensation principle
In order to complete well the land acquisition, house demolition and resettlement and to
prevent the decrease of immigrant living standard, we carry out the equivalent compensation
principle, which includes two aspects. First, all property is compensated by its purchasing cost;
second, other loss is compensated equivalently, that is, how much loss, how much subsidy.
1. Ensure that the units or individuals affected will improve or at least restore to their
original standard of production and living as soon as possible.
2. Those who lose houses should gain new residence and should be resettled nearby.
3. The compensation criteria, the location of new residence, area and standard of new
residence should be formulated after opinions from all people involved are
General Report on Migrant Resettlement Plan
22
considered; houses removed should in principle be built by villagers themselves; if
difficult, the local government or the committee of local residents should help.
4. When the houses affected are assessed, the compensation for all property will be
calculated with the present price of replacement, and no depreciation is considered.
5. Land should be reallocated to ensure those who lose land regain land.
6. The mellow soil of land for temporary construction use should be reserved. When
the construction is finished, the mellow soil can be returned to restore the land.
7. Land acquisition and resettlement must be finished at least one month before the
construction starts, otherwise, the construction can not start.
8. According to the 16th article of Protective Regulations of Basic Farmland, if land
for construction use includes land reserved for agricultural use, equal area of land
should be opened up. If there’s no land to be opened up, or the land opened up can’t
meet the required standard, corresponding fees should be turned in according to The
Land Management Law of the People’s Republic of China.
9. The public-owned or private-owned houses or buildings, if removed, can be
compensated in two ways: one is ownership of new residence and the other is
monetary compensation. The price of the old houses or buildings and the accessories
will be assessed by the relevant department of Administrative Department of Real
Estate of Xi’an City. The basic price of removal compensation (including resettlement
allowance, transition allowance, house-moving allowance and other allowances) is
decided according to the classification of buildings (for residence, business and non-
business use). The environmental regulating rate is decided according to the location
and the classification of buildings (for residence, business and non-business use).
5.2.3 Keystone preferential principle
1 The project will focus on the impact of the removal on the migrants previous caste and
social network, trying as hard as possible to plan a whole removal to maintain the integrity of the
previous community.
2 The project will focus on the migrants difficulties during and after the removal. The
project office will urge the local street office or the exploiting business to build the villagers
committee or owners committee as early as possible at the new residence without such
organizations, so as to help the migrants syncretize in the new community. As to the shops and
General Report on Migrant Resettlement Plan
23
working units willing to remove, their temporary loss due to the change of surroundings will be
compensated by the project too.
3 The project will focus on weak groups (old people without adult offspring living together,
widows, single-parent family, disabled, chronic patients and poor family), which will be offered
preferable policy in residence, employment,etc. when they remove. And a regular visit and aid for
special difficulty after the resettlement will last till the local administrative department takes
charge.
4 The project will plan an open removal. It will manoeuvre power of local government to
train the migrants for profession and try to create opportunities for employment, so that the
migrants can adapt the environment of the new residence in a short time and become self-
dependent in economy and the responsibility for migrants resettlement can be shifted in time from
the removal orgnization to the migrants themselves.
5 The project will seek for the maximum of the cost-benefit of the removal. It will try to
improve the ability of the removal orgnization, regulate the behavior of the removal work,
establish perfect inner-controlling mechanism to prevent the waste, cut, embezzlement and
corruption of the fund, reaching the best resettlement result. That is, try to reduce the resettlement
cost as hard as possible with the planned effect index, which is benificial to both the migrants and
the taxpayers of Xi’an City.
5.3 General Scheme of the Migrants Resettlement
The Project includes 5 sub-projects. In the designing process, each relevant
designing units optimize and compare various plans, taking into consideration the
execution of land acquisition to the system of local economy, production and life. In
order to the plan with minimal migrants so as to fundamentally reduce the amount of
migrants. In order to reduce the area of land acquisition and house demolition , and
substract the impact of project construction to the local production and life, various
plans are to be selected and the construction measures are to be optimized to control
the road width and construction scale. Therefore, the project constructon will not
cause fatal destroy to the privious production and living system.
From Jan.2007 to May. 2007, the investigating team of the migrants
resettlement of the project discussed the removal plan with the affected villages
through conversaziones. According to the migrants suggestion and the actual
condition of the affected area, and after analyzing the migrants resettlement
environment capacity of each village, the project office work out the total removal
General Report on Migrant Resettlement Plan
24
scheme�the migrants affected by each sub-project are resettled at their privious
community to maintain their previous production and life style, customs and social
stability, which is helpful to enforce their enthusiasm and adaptability in production
and life. To decrease the impact of the construction on the migrants production and
life, all the village houses are to be demolished and built by themselves. And the
waste building materials are at the migrants charge. In production, the farmland is
generally adjusted partially in the same villagers team and the resettlement with land
to develop agriculture are the main resettling form. At the same time, try to improve
the irrigation works, adjust the planting structure and increase the land utilization.
Besides, supplemented with adequate economic subsidy, make sure that the migrants
can restore and improve their production and living standard.
5.3.1 The layout of residence rebuilding
The migrants affected by the project will be resettled dispersedly or massively in
their previous community under the layout of the local town or village construction.
A. Ground leveling up
The migrants affected by the project will be resettled dispersedly or massively, so
they are all supposed to select a house site in their previous village or villagers team.
Generally speaking, the geological condition selected by themselves is good. They
can build houses on it after leveling up a little. The leveling up of the house site will
be carried out by migrants themselves, with their own inclination or organized by the
migrants implementing organization of the county (district).
B. Public project
The project unit is responsible for the construction of facilities in water supply,
electricity supply, radio and TV, road and transportation in the resettlement site.
C. Community management and migrants house building
Because the migrants affected by the project will be resettled in their previous
community, the present administrative system won’t change. The migrants still belong
to their previous town( street office) and village.
In terms of the migrants willing, the new houses will be built before or during the
demolishion of the old houses. The house building can be carried out by the migrants
themselves or submitted to the qualified construction enterprises, who will build
houses with a common criteria. According to the structure and area of the house, the
migrants can also get a compensation, which is paid serially with the progress of the
General Report on Migrant Resettlement Plan
25
house building. During the house building, the migrants can live in their previous
houses in principle. The migrants will possess the old house building material and can
deal with it with their own need and the value of old material won’t be subtracted
from the house compensation.
D. The public serving facilities in resettlement sites.
In the construction and land acquisition, no public facilities such as school,
hospital, etc. are removed, so there is no need to allocate it. Moreover, the new
residence is the same distance away as the previous from the public facilities.
5.3.2 Production restoration scheme
On the basis of the comprehensive analysis of the location, land resource, income
structure etc. of the local village and villagers, the removal designing working party
will offer direct compensation or take other production restoration measures by asking
for opinions of the affected households and the migrants representatives. The
production restoration measures are as follows: reinforce the irrigating facilities to
raise the ability of repelling disasters; adjust the agricultural structure and meliorate
the breeds of economic plants to increase the agricultural output; train the migrants in
professional skills and practical technology to raise their ability in employment and
self-development. The removal compensation will be all given to the migrants
resettled with cash compensation, while the land compensation belongs to the village
collectivity. Since the removal plan is worked out by most migrants willing, the
project office should try to consult with the migrants when some of them need to be
resettled by other plan instead of the village plan. If some migrants in the villages
resettled with cash compensation need land to work on agriculture, the county
(district) migrants office of should help them to get land. Whereas, if some migrants
want to be compensated with cash to work on business instead of agriculture, after
submitting a self application and being notarized, they can get a cash compensation
equalling to the removal compensation.
Because each village is affected differently by the project, and possesses
different resource structure,public facility conditions, the removal plan is different
with different villages. The removal plan of each village is shown in each attached
sub-project report.
General Report on Migrant Resettlement Plan
26
5.3.3 Organization and management of the removal implementation
The implementation of the migrants removal plan is organized and led by the
project resettlement leading party. The affected counties (districts) gather members of
relevant department to set up the project resettlement office, which is in charge of
drawing resettlement policies; propagandizing ,mobilizing, organizing the work of the
removal and resettlement. Meantime, the resettlement office is also a main channel for
the migrants to reflect their problems. The resettlement office should duly and
adequately listen to and collect the migrants opinions and problems, reflect it to
relevant directors and tell the migrants the feedback in time.
5.3.4 Training programme
A.Training of migrants cadres
In order to better carry out relevant policies of the World Bank on non- voluntary
migrants removal and to ensure an orderly progress of the project removal work, the
provincial project office plan to organize relevant members of local migrants
organizations at all level to inspect and learn from some successful projects home and
abroad, so as to improve their professional and managing quality.
B. Migrants training of technology and skill
In order to create an environment of self-dependence and self-development and to
restore or improve the migrants living level in a short time, the county (district)
resettlement office will organize the local migrants training in technology and skill,
combined with the help from department of labour, social security, finance, education,
science and technology and agriculture. The training is supposed to meet the
requirements of local rural economic structure adjustment, the change of labour
market and the empoying units, and should be pertinently carried out on the principle
of practicality and actual effect.
5.3.5 The utilization of resettlement fund and security guarantee
A. The utilization of compensation fund
The migrants resettlement compensation fund will be managed and used by the
grass-roots economic organization affected by the project. Generally speaking, the
house and its attachment compensation and the removal subsidy should be totally
used by the affected households, mainly used in building new houses and moving
General Report on Migrant Resettlement Plan
27
family possessions; the land acquisition compensation should be managed and used
respectively by the town(street), village or villagers team according to the different
ownership of the land. It is generally used in the production restoration, surplus labour
force settlement and the improvement of basic facilities, etc.
�The house and its attachment compensation will be paid completely to the affected households, according to relevant policies.�
�The land lacquisition compensation and the labour force resettlement subsidy will be planned as a whole by the town, village or villagers team. Besides being used
in the migrants production restoration, on the agreement of the affected villagers
team, the fund will also be used in the following aspects:
� invest in the construction of local basic facilities, which includes reinforcing
the farmland basic construction, improving the irrigating facilities, strengthening
the countryside road construction and improving the transportation ability.
� build up the commonweal in the villages�
� invest in the second and third industy to increase the employment opportunity
for the countryside surplus labour force.
� If necessary, some of the fund can be used to set up a venture fund to provide the local villagers with a basic living guarantee.
B. The guarantee measures for the compensation fund
� If the fund is used to develop the second and third industry, the villagers committee and the village CPC committee must first carry out thorough and careful
investigation and analysis to make sure the market condition is mature and then
submit the proposal to the town (street) government for an approval. Moreover, the
proposal can’t be carried out until it is approved by the affected villagers meeting.
� To prevent the decrease in income level of the affected persons after they are
resettled, the management of the new enterprises must be enhanced, including
regular inspects and audits on the enterprises and work out their practical problems
in time( such as technical instruction, production and sale), and establish necessary
regulations to make sure the enterprises develop well.
� If the investing surroundings change or the investing plan for the second and third industy can’t offer migrants a sound income, the land compensation and labour
force resettlement subsidy will be preferably depositted in the bank. The annual
interest income will be allocated to the affected families to guarantee their normal
living standard. At the same time, the planned investing project will be reevaluated
General Report on Migrant Resettlement Plan
28
according to the present market condition before construction, so that we can decide
whether to carry it on or change it.
5.4 The resettlement scheme of the individually-owned business
Because the project is a improvement of the comprehensive road network and
when designed tries to avoid the population-densed villages and schools, there are
fewer individually-owned business affected. The individually-owned businesses on
the roadside are small in scale, running making use of their ground floor or the
roadside simply-equipped houses. In the resettlement, their new house site will be
preferably located at the crossway or on the roadside of the rebuilt road, so as to
increase their customers to maintain their previous turnover, steady the income
resource and prevent the fall of their living level. The roadside shops will be
resettled at the proper place in the city with the owner willing, either selected by the
owners themselves or directed by the government.
5.5 The resettlement scheme of the enterprises
According to the investigation on the spot, only part of the buildings of the
affected enterprises and units need to be demolished and removed, which will not
affect their normal production and operation. So, there is no need to remove and
resettle.
5.6 The removal and rebuiding plan of the special facilities
The affected special facilities are mainly the electric and communicating wire
and pole facilities along the road. The electric and communicating wire affected can
be rebuilt as follows: when the previous wire intersects with the road, the pole can be
highered to make the wire across the road; when the previous wire is along one side of
the road, more transfering towers or poles should be built; the affected
communicating wire will be all piped under through the road to be protected, and the
wire will be partly changed if necessary. The rebuilding of special facilities are all
planned and carried out by every relevant professional units. The project construction
units will negotiate with directing department of each special facility about the
fulfilment of the corresponding compensation fund.
General Report on Migrant Resettlement Plan
29
6.Public Participation and Information Publication
6.1Public participation modes
According to municipal, provincial and national policies and regulations as regards the
policies and regulations on relocation and resettlement, in view of the protection of lawful rights
of migrants and units being removed and the reduction of disputation and dissatisfaction, as
regards the relocation and resettlement of the Project and better planning for the resettlement of
migrants, and well implementation of organizational assignment to realize the goal of settling the
migrants properly, great attention will be paid to the participating and consulting of migrants as
well as to the widespread listening to the suggestions of migrants. At the stage of project
preparation, to study the feasibility of the project, project office and designing unit have discussed
with local authorities, NPC, PCC, mass communities, town (street) government and
General Report on Migrant Resettlement Plan
30
representatives of people publically. During the process of migrants settlement, project office also
adopts the opinions of the local authorities and representatives of mass migrants about the
migrants settlements and policy of compensations. With the help of local governments, the
composition of RAP of the branch projects has been finished. At the stage of projection
application, different organizations of migrants settlement will encourage people to participate in
migrants settlement and production recovery and reestablishment. See details of the public
participation and information publicity in the attached reports of each sub-project.
6.2 Process of public participation
During the process of RAP’s preparation and composition, local government and migrants
take part in the following works:
(1) When studying the factual effect of project and relocation, local migrants settlement
office, village and village team, representatives of migrants have participated in the investigation
job.
(2) Project migrants settlement offices have organized the relative staff in different cities and
counties to take part in the policy publicizing meeting. Details the concrete content of different
policies of our country, provinces and cities about the migrants policy. And the migrants
settlement offices in different counties hold meetings with the absence of local officials and
influential people to publicizing the policies. And broad publication of the relocation and migrants
settlement of the World Bank and our country has been made. They adopt the opinions of them
how to reduce the influence, how to make the migrants settlement and the standard of
compensation. And broad discussion has been made too.
(3) During the process of planning of migrants settlements, migrants settlement offices and
consultative unit in different counties also come to different collages. With the form of
conversations and random visits, make further listening to their opinion and ideas about the
migrants settlement, including the selection of settlement areas, production recovery, houses
relocation and relocation compensation. The details of the conversations is as the enclosed branch
project analyzing report.
(4) In order to strengthen the project publication and make further understanding of the
opinions about the project establishments and migrants settlement of different officials and people,
before composition of the RAP of different branch projects, project migrants settlement offices
and investigation planning organizations investigate the migrants’ opinions, mass participation
with the form of question-answering investigation in the influenced areas. According to the
statistical analysis, the people who are investigated consider the main problem that influence the
General Report on Migrant Resettlement Plan
31
economic development of project areas is worse traffic condition. In that case, the rich resources
have not explored much. They think with the establishment of this project, the agricultural
products’ circulation and the exploration of touring resources will be promoted to push the
economic and social development in the local areas. They confirm it is necessary to doing this
project and they are willing to support the establishment with factual deeds. Furthermore, most
removal residents know clearly the establishment of this project and make full preparation in
minds. They show willingness to removal and relocation. So the project has a good basis of
people’s support. The mass participation investigation sheet is as the enclosed branch project
analyzing report.
5 From now on, project migrants settlement offices and different local migrants
settlement executive government will adopt the following procedure and approach to encourge
people to participate and discuss:
A Publicize migrant information
In order to ensure the migrants and local governments understand settlement planning and
compensation of the branch project and settlement plan in details, project migrants settlement
offices will prepare to issue post or publicize by radio the information which is inspected by the
World Bank in the influenced areas. And also to make the information handbooks to the migrants.
The information includes all the influenced asset, compensation standard, compensation amount
and settlement policy, migrants’ right and interest and opinion feedback, appealing channel and so
on.
B Holding meetings
The meetings will be hold mainly before the removal and settlement. And
continue to publicize the relative policies, regulations, compensation standard etc. to
people so that they could understand early to make preparation.
C Through radio and TV and newspaper, publicizing project construction
content, progress and migrants policy.
General Report on Migrant Resettlement Plan
32
7. Appeal
Though the public are encouraged to participate in the migrant placing work,
problems may still appear more or less in the actual work. In order to make the
problems solved promptly and effectively immediately they appear, and to ensure the
smooth progress of the land requisition, house demolition , removal and resettlement
as well as the project construction, a transparent and effective way of appealing for
the migrants is needed besides the existing letter appeal provided by local government
of all levels.
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33
7.1 The appeal-accepting organization
Besides the Villagers’ Committee and the Migrant Resettlement Group at all
levels, an Appeal-Accepting Group subordinated to the External Supervision Organ is
to be established to guarantee better the lawful rights of the people concerned. The
group is constituted of 5 persons. The leader of the Independent Monitoring
Organization works concurrently as head of the group. As to the other 4 persons, 2
come from the External Supervision Organ, 1 comes from the Project Managing
Organization, and 1 comes from the City Development and Reform Commission.
Moreover, each district or county should respectively appoint 1 liaison officer to be in
charge of the migrant appealing reception. The liaison officer is responsible for
accepting the appeal in the area of jurisdiction nearby, and keeps in touch with the
accepting group.
7.2 Appeal procedure
Stage1:
If the migrants are dissatisfied with the migrant resettlement plan, they can lodge
an oral or written appeal to the liaison officer, the Villagers’ Committee or the
corresponding Migrant Resettlement Group belonging to a village or a town. If the
appeal is an oral report, the accepting organization should settle the problem and
make a written record. The accepting organization should make a decision and feed
back within 2 weeks.
Stage 2:
If the migrants are dissatisfied with the decision made in stage 1, they can lodge a
complaint to the Migrant Resettlement Office of Xi’an City, which takes charge of the
loan from the World Bank, or to the Appeal-Accepting Group after receiving the
decision. The concerned organization should make a decision and feed back within 2
weeks.
Stage 3:
If the migrants are still unsatisfied with the disposal decision made in stage 2,
they can appeal to the National Territory Bureau of Xi’an City after receiving the
decision made by the Migrant Resettlement Office or by the Appeal-Accepting Group
subordinated to the External Supervision Organ, the National Territory Bureau of
Xi’an City should make a decision within 10 days.
General Report on Migrant Resettlement Plan
34
Stage 4
If the affected persons are still unsatisfied with the arbitrated decision made by
the administrative arbitration organization in stage 3, they, after receiving the
decision, can sue to the Court of People for any flaw of the migrant placement,
according to the
Civil Procedure Law.
The above-mentioned appealing ways are supposed to be known to the migrants
through the villagers conference or other ways to make the migrants full realize and
understand their right of appeal.
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35
8. Institute Organization and Duties
8.1 Executing organ
The executing organ of this project is the Development and Reform Committee
of Xi’an City. To ensure the smooth implementation of the project, the Leading
Group of Xi’an’ Urban Comprehensive Transportation Improvement Project with the
World Bank’s Loan is to be set up. This leading group is constituted by leading
members from the Development and Reform Committee of Xi’an City, the
Construction Committee of Xi’an City, Cultural Relic Bureau of Xi’an City, People’s
Government of Hu County and other relevant governmental institutions, and experts
on policy of migrant resettlement and engineering technique. Its duties are to make
decisions on significant problems in the process, coordinate different organizations,
instruct and supervise the work of the implementing agency and ensure enough
respect and protection on relevant policies and laws and on various legal rights of the
migrants. The leading group has its own office being responsible for daily work.
8.2 Implementing organ
The implementing organ of this project is the Infrastructure Construction and
Investment Company of Xi’an City, which is responsible for the implementation and
coordination of land requisition and removal. It also implements various policies on
migrant removal and resettlement. The company will have a land requisition and
removal office. Its tasks are as follows:
1. Organize and coordinate land requisition compensation and relocation in the light
of decisions of the Leading Group and People's Government of Xi’an, and sign land
requisition and removal agreements with the Land Requisition and Coordination
Office of each district.
2. Investigate and study land requisition and relocation, listen to the affected units and
persons’ suggestions, accept various complaints, and render replies and treatment in
time.
3. Supervise and check the payment and usage of land relocation fees.
4. Instruct relevant district, county, towns, villages, communities (street office) and
enterprises to restore the economy and conclude as well as exchange experiences.
General Report on Migrant Resettlement Plan
36
8.3 Coordination organ
The coordination organ of the project is the Land Requisition and Removal
Office in each affected district and county and their responsibilities are as follows:
1. Check and confirm requisitioned lands, demolished houses, removed special
felicities, and ground attachments in the village in the light of tasks and requirements
brought forth by the Land Requisition and Relocation Office of the Infrastructure
Construction and Investment Company of Xi’an City.
2. Evaluate the replacement value of the removed facilities and work out
compensation standards.
3. Sign land requisition and relocation agreements with affected units and individuals.
4. Pay compensation fees;
5. Implement land requisition and relocation in the village and ensure the construction
of new houses and the progress of relocation
6. Investigate and study land requisition and relocation, listen to the affected units and
persons’ suggestions, accept various complaints, and render replies and treatment in
time; for unmanageable problems, report to the Project Leading Group in time.
7. Supervise and check the usage of land requisition and relocation fees in villages.
8. Coordinate, check, and supervise towns, communities, villagers’ committees and
enterprises to formulate economy restoration plans.
9. Report periodically to the Land Requisition and Relocation Office of the
Infrastructure Construction and Investment Company of Xi’an City and submit
relevant statistics in time.
10. All affected towns and villages as well as villagers’ committees should appoint
full-time coordinators to assort out and participate in land requisition and relocation,
and implement economic restoration plans and measures along with village and
township governments as well as villagers’ committees.
8.4 Internal supervision organ
The Infrastructure Construction and Investment Company of Xi’an City will
have a Land Requisition and Relocation Internal Supervision Office, which is made
up of 3 persons. Its responsibilities are to ensure that the Land Requisition and
Relocation Organizations at all levels are able to fulfill their duties well, and
supervise, investigate and deal with any ill behavior of violating relevant policies,
General Report on Migrant Resettlement Plan
37
laws or regulations or of infringing migrants’ rights and interest or of preventing the
process of the project, so as to carry out the scheme of Land Requisition and
Relocation Action Plan and safeguard the affected persons’ rights and interests.
8.5 External supervision organ
The external supervision organ of the project is Shaanxi Academy of Social
Science, which is the largest professional studying organization on social science. It
has lots of experts on economics, sociology, management study and psychology, etc.
and also has rich experience in external supervision on migrant resettlement with
loans from the World Bank and Asia Bank. The external supervision organ will be
directly administered by the Leading Group of the Project. Its duties are: monitor and
evaluate the whole process of land requisition and migrant relocation by professional
means; monitor the migrants’ participation in the process of the project and the
observance of various laws and regulations; evaluate the influence of the project to
the migrants and the relevant units; examining the performance of the
implementation organ from a long-term perspective and put forward evaluation
opinions and suggestions on the implementation effect of the project, provide the
project management department with pre-warning system, and offer a channel to
migrants for reflecting opinions.
Table 8.1 Framework of organizations for migrants resettlement
Leading group of World Bank’s Loan Project of Xi’an City(Office)
External supervision organ.
�6KDQQFi A
cademy of social science�
Xi ’an in frastructure construction investment company
Removal and resettlement office of each sub-project
Leading group of each sub-project (office) Removal and resettlement office
The affected villagers’ (residents’) Committee
The affected persons
Internal
supervision office
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38
After the demolition and removal work is finished, the organizations would
repeal on its own, parts of the duties can be shifted to the later project construction
management organization.
9. Plan Implementation
9.1 Implementing procedure
All the work of land requisition, house demolition, removal and resettlement will
be completed one month before the project is kicked off. The whole plan is divided
into three stages: (1) preparation, (2) implementation; (3)
check/supervision/evaluation (internal and external supervision will be implemented
in the whole construction process).
1. Preparation
(1) Establish organizations at all level governments for demolition and removal. The
work is supposed to be organized and carried out by People’s Government of Xi’an
City.
(2) Give extensive publicity for the land requisition and removal through a variety of
ways such as newspaper, radio, TV, and announcement to obtain the understanding
and support of the affected units, individuals, and the whole society. The work of
propaganda and explaining policy on demolition and removal will be implemented by
the Infrastructure Construction and Investment Company of Xi’an City. Investigation
about the knowing rate of relevant policy should be carried out by the External
Supervision Organization among migrants before the end of the preparation stage.
(3) Bury land-using boundary piles to fix the boundary of the land used for the project
with permanent signs. Measurement and setup of boundary piles are implemented
jointly by the Infrastructure Construction and Investment Company of Xi’an City and
the Demolition and Removal Office at all levels along the line.
(4) Carefully measure and confirm the variety and quantities of lands, houses, and
other facilities affected on the spot. The work should be implemented by the
General Report on Migrant Resettlement Plan
39
Infrastructure Construction and Investment Company of Xi’an City with the
cooperation of the Land Requisition and Resettlement Office at all levels along the
line.
2. Compensation implementation
(1)The Infrastructure Construction and Investment Company of Xi’an City signs land
requisition and removal agreements with the districts (counties) affected; and
government of each district (county) signs land requisition and removal agreements
with town, community, villagers committee, corporate and governmental units, and
individuals affected.
(2) The Infrastructure Construction and Investment Company of Xi’an City and the
Land Bureau of Xi’an City submit land requisition documents.
(3) The Infrastructure Construction and Investment Company of Xi’an City earmarks
house compensation to each affected district (county) government through relevant
banks.
(4) Each village, township and county government will select the site along with the
affected persons and enterprises and determine house structure and start construction.
(5) Land compensation and relocation subsidy fees are usually paid to villagers’
committee (adjust lands within the village scope again), and house removal
compensation fee is paid the affected persons directly. Land cultivation fee is paid to
the land management department directly to cultivate new farmland.
(6) The district and county governments at all levels earmark land compensation n
and house demolition fees to the community, town and villagers’ committee via
relevant banks.
�7�Each government of district or county and street or town reallocates land to persons who lost land.
�8�Each government of district or county pays compensation fees for house, seedling, and various attached facilities, transition subsidy, and removal subsidy to all
affected persons and various compensations to affected enterprises.
�9�Each government of district or county pays compensation fees for building infrastructures at the new residential sites to the villagers’ committee and helps them
to build infrastructure facilities.
�10�After the affected persons move into new houses, their old houses will be demolished. Village and township governments as well as villagers’ committees are in
General Report on Migrant Resettlement Plan
40
charge of demolishing all attachments on the land, eliminating seedlings and
transferring the lands to the construction unit after all works are completed.
3. Restoration
Main tasks are:
(1) Adjust lands;
(2) Establish economic restoration plans and measures;
(3) Offer technical trainings for the affected persons.
4. Checking
Internal supervision: it will be a continuous work, beginning from the start of
land requisition and removing and ending after the completion of the project. In
addition, Land Requisition and Removal Office and Supervision Office are
responsible for daily check and supervision to ensure that the project is carried out in
the light of articles of RAP.
External supervision: Firstly, carry on social economy inquisition , then go on
working till the end of the project, and generally evaluate the effect of the demolition
and relocation on a whole after the completion of the project.
Checking contents:
(1) Payment of compensations to the affected persons and companies in the light of
replacement price;
(2) The affected persons’ removal to new houses after the completion of the new
residence;
(3) Payment of various subsidies to the affected persons;
(4) The construction of infrastructures on the new sites;
(5) Fulfillment of plans and measures for economic restoration and the effect;
(6) Acceptance of the affected persons’ advices, attitudes, and complaints, and the
results of treatment.
9.1.1 Land requisition and compensation
The work of land requisition and compensation is to be carried out jointly by the
relevant organizations. The concrete process is as follows:
1�The project designing unit provides detailed diagram of position of the required land, defines the scope and area of the land.
General Report on Migrant Resettlement Plan
41
2�The project office apply to the programming department for the programming permit and red line diagram, and send land requisition application to the land
management department.
3�Applying for reply; 4�The Land Requisition and Removal Office negotiates with each relevant town(street) office, and villagers (residents) committee about land requisition and
signs agreement on land requisition compensation with them.
5�Earmark compensation expenses; 6�Transact law procedure; 7�Expropriate the required land for the project.
9.1.2 Production resetting and restoration
Production resetting and restoration is implemented by the affected villagers
(residents) committee, each relevant government of town (street office) is supposed to
assist to perform. The concrete process is as follows:
1�Organize and convene villagers conference or residents congress with
migrants attended, study and formulate overall scheme of land cultivation, land
readjustment, land allocation and production restoration;
2�Announce the overall scheme of land cultivation, readjustment, allocation and production restoration, and ask for further opinions of villagers and migrants;
3�Adjust and allot land; 4�Negotiate with relevant labor force setting units about labor force setting
scheme, and draw up detailed scheme;
5�Guarantee employment of the labor force. 9.1.3 Houses demolition and rebuilding and residents removal.
The workflow for migrants’ house demolition and resettlement is as follows:
1�The engineering design unit provides the scope of the affected houses that needs to be demolished and resettled;
2�The Land Requisition and Resettlement Office carries on investigation about
the quantity and structure of the houses in the scope of demolition and removal with
the cooperation of relevant migrant resettlement groups of town(street office);
3�The Land Requisition and Resettlement Office and relevant migrant
resettlement groups of town(street) office negotiate the compensation standard and the
General Report on Migrant Resettlement Plan
42
time when to demolish and build houses with the affected migrants and units and ask
for their opinions;
4�The Land Requisition and Resettlement Office and relevant migrant
resettlement groups of town(street) office post up the quantities of the affected
houses, the compensation standard, and the demolition time, and ask for opinions of
families who need to move;
5�The migrant resettlement groups of town(street) office signs agreement on
house demolition and resettlement with families who need to move;
6�The Land Requisition and Resettlement Office and the migrant resettlement groups of town(street) office select the site for the affected families and ask for their
opinions;
7�The Land Requisition and Resettlement Office and relevant migrant resettlement groups of town(street) office transact relevant procedures of land used
for resettlement;
8�The project construction unit signs agreement on house demolition and
rebuilding with the affected families;
9�The migrants get their compensation; 10�The migrants build new houses and move into new residence; 11�Demolish the old houses.
9.2 Progress arrangement
The implementation schedule of land requisition, demolition, and removal of the
Urban Comprehensive Transportation Improvement Project in Xi’an City will be
arranged according to the construction plan of the project, the concrete
implementation plan should follow the following principles:
1�The house demolition and removal should be carried out in several stages, and completed one month before the construction;
2�The affected people should be informed in advance at least 3 months before the removal, and should be given at least 4 months to build new house before the deadline
for demolition. Before new residence is completed, the affected people can stay in
their old houses;
3�The building time is supposed to be fully negotiated with the migrants about, and if necessary, the time could be prolonged appropriately;
4�The land requisition should be completed before the construction begins;
General Report on Migrant Resettlement Plan
43
5�Land adjustment and allocation should be completed in change of seasons for farm crop;
6�Labor force setting should be completed before land requisition.
10. Budget and Source of Funds
10.1 Estimation of removal and resettlement fees
The estimation of the total expense on the migrants resettlement of the five sub-projects of Xi’an Urban Comprehensive Transportation Improvement Project reaches �������00 RMB Yuan, among which 96161600 is for the migrants resettlement of
General Report on Migrant Resettlement Plan
44
Xi’an Rural Road Network Construction Sub-Project; 30042000 RMB Yuan for the migrants resettlement of Huxian County Rural Road Infrastructure Construction Sub-Project;. 2383200 RMB Yuan for Xi’an Rural Air Pollution Comprehensive Supervision and Protection Sub-Project; and 7160000 RMB Yuan for the Weiyang Palace Han Dynasty Road Sub-Project. �����00 RMB Yuan for The bus hub of urban south.
The expense on land requisition, demolition and resettlement is included in the
total budget of removal and resettlement, among which are subsidy for permanent
land requisition, subsidy for demolition of houses in city and countryside, and subsidy
for affected enterprises, institutions, shops, infrastructure and ground surface
attachments, etc. For details see the attached reports of each sub-project. General
information on the funds of migrants resettlement of each sub-project is shown in the
following table:
Table10.1 Expense on migrants resettlement of Xi’an Urban Comprehensive
Transportation Improvement Project ( unit: 10 thousand RMB
Yuan)
item
item
Xi’anCityroad
network
sub-project
Huxiancounty
Rural road
construction
sub-project
Weiyang
Palace Han
Dynasty Road.
sub-project
Xi’an
environment
supervision
sub-project
The
bus
hub of
urban
south
total
Land
acquisition
compensation
969 1839.4 3989 164
������ �������
Removal and
Resettlement
compensation
6903.73 911.5 2759 /
� ��������
Attachment and
Infrastructure
compensation
276.55 148.4 205 /
� ������
Other tax and
fees
1466.88 104.9 207 74.32 ������ �������
total 9616.16 3004.2 7160 238.32 ������ ��������
General Report on Migrant Resettlement Plan
45
10.2 Source of fund
The fund of this project comes from local finance of Xi’an City and World
Bank’s loan, which are both included in the project’s total budget.
10.3 Fund appropriation
Within the demolition deadline announced in the project notice, the migrant
office should negotiate with the affected people over the land requisition and removal
compensation according to relevant laws and regulations, and therefore sign the
compensation agreement. The migrant office will earmark the subsidy directly to the
migrants within 15 days after the agreement is signed. In a cash compensation
agreement�it should be clearly listed the sum of subsidy, the way and time of the subsidy appropriation, the time of removal, the responsibility of breaking the
agreement and other items agreed in the agreement. In a ownership transference
agreement, it should be explicated the position, area and structure of the resettlement
house..
The following is the flow of the migrants resettlement fund in construction and
land acquisition of each sub-project: the office of Xi’an’ Urban Comprehensive
Transportation Improvement Project appropriate the removal subsidy to the migrant
removal office of each sub-project. The office then submit the appointed bank to
appropriate the money directly to the migrants according to the migrants resettlement
agreement..
Table 10.2 fund flow of compensation for the land acquisition and migrants
resettlement
Land compensation
The
project
office
Migrant office
of county
(district)
town�stree
t�
The village
committee,villagers
team
Resettlement subsidy
The
project
office
Migrant office
of county
(district)
town�stree
t�
The village
committee,villagers
team
General Report on Migrant Resettlement Plan
46
Young crops and ground
attachment subsidy
The
project
office
Migrant office
of county
(district)
town�stree
t�
The
village
committ
ee
Removal
households
House and attaching facilities
subsidy
The
project
office
Migrant office
of county
(district)
town�stree
t�
Removal
households
Removal compensation and
transitional life subsidy
The
project
office
Migrant office
of county
(district)
town street
Removal households or
relevant units
Compensation for infrastructure
construction of Resettlement site
The
project
office
Migrant office
of county
(district)
town�street
�
Removal households
and construction units
Compensation for scattered trees
The
project
office
Migrant office
of county
(district)
town stre
et The owners
Compensation for rural facilities
of production and life
The
project
office
Migrant office
of county
(district)
town�street�or villagers
team
Compensation for loss of
enterprises and private businesses
The
project
office
Migrant office
of county
(district)
Relevant units or the
owners
Compensation for rebuilding of
the special facilities
The
project
office
Migrant office
of county
(district)
Special charging
department
The construction
units
Compensation
for migrant
resettlement of
the
construction
and land
acquisition
General Report on Migrant Resettlement Plan
47
Compensation for supporting the
weak groups
The
project
office
Migrant office
of county
(district)
town�stree
t�
the weak
groups
Planning and designing fee
The
project
office
Designing
units
Evaluating fee for management
and supervision
The
project
office
Evaluating units for
management and supervision
The cost of technical training
The
project
office
technical training��units
The cost of implementation and
management
The
project
office
Migrant resettlement
implementation organs at all
levels
The cost of construction unit
management
The
project
office
The cost of examining the design
of file
The
project
office
The consulting and examining
units
General Report on Migrant Resettlement Plan
48
11. Monitor and Evaluation
For the purpose of insuring a smooth implement of immigration setting work and
realizing appropriate setting, a whole process of monitor will be implemented to terra
levy and immigration setting.
The monitor is divided into inner monitor and exterior monitor inside the migrant
setting organization.
11.1 Inner monitor
Inner monitor organization is responsible for inner monitor work. Content of
inner monitor mainly includes:
1�Payment and use of immigrations’ compensation funds 2�Selection and allotment of the setting region; 3�Support the weak colony; 4�Employment arrangement to the influenced labor force; 5�Migrants’ participation and negotiation during the period of implement.
11.2 Exterior monitor
Shaanxi Social Science Academy is responsible for exterior monitor and
evaluation work. Contents of exterior independent monitor include function of
immigration setting network, terra levy, setting implement progress and
compensation; setting and instauration of dismantled and moved resident, store,
enterprise and public organization; inquisition analysis of production and life level of
Immigration.
The independent monitor organization will follow migrant setting activity of this
project, to evaluate whether the relevant laws of national terra levy, dismantlement
and move, migrant setting is implemented or not in immigration setting work; the
activity Whether matches world bank business policy OP4.12 �involuntary immigration�; level of production and life of immigrant whether enhanced or
maintained as before when there has no project �at least. Independent monitor
organization will put forward suggestions to relevant implement units according to
problems fund in monitor, in order to make problems could be resolved in time in the
process of migrant setting.
General Report on Migrant Resettlement Plan
49
The external supervision unit will submit Xi’an urban comprehensive
transportation improvement project migrants supervision evaluating report regularly
to the World Bank according to the progressing condition of the external supervision
evaluating work of the each sub-project. According to the frequency of the carrying
out of the external supervision evaluating work, the general report should be
submitted annually before Dec 31st. The project migrants resettlement office should
attach the report when reporting the progress of the migrant resettlement to the world
bank annually.
General Report on Migrant Resettlement Plan
50
12.Table of Rights and Interests
Affected types Affected
people
Policy of compensation and
resettlement standard
Permanent Land
Acquisition
The
affected
villages
For those whose land is acquired,
compensation shall be paid in terms
of the primary function of the
acquired land. The compensation
fee of land acquisition shall include
land compensation fee, resettlement
subsidy and compensation fee of
over-ground objects which are
attached to the land and young
crops. And the compensation fee of
over-ground attachments and young
crops shall be given to their owners.
As for rearrangement of land within
the group based on head, the land
compensation fee and relocation
subsidy shall equally and averagely
distributed to farmers of the group,
and the compensation fee of over-
ground attachments and young
crops shall be directly granted to
property rights owners.
The relocation subsidy for farmland
acquisition shall be calculated by six times
of annual average production value of the
land.
The compensation fee for farmland
acquisition shall be paid as many as nine
times of annual average production value
of the previous three years.
The total amount cannot surpass thirty
times of the average annual production
value of the previous three years’
production value of the land prior to the
land acquisition.
For details see the attached reports of each
sub-project
General Report on Migrant Resettlement Plan
51
Affected types Affected
people
Policy of compensation and
resettlement standard
Affected
farmers
Obtain Young crops compensation
fee and labour force resettlement
subsidy�
if the land isn’t readjusted in the
village, the resettlement subsidy
will be directly allocated to the
individual.
if the land is readjusted in the
village, the resettlement subsidy
will be administrated by the village
office to improve the basic
infrastructure or public facilities.
Onerous Transfer of
the state-owned land
Land
owners
( transfer)
As to the onerous use of the state-
owned land, the project construction
unit should first get the permit from
the construction land designing
department of Xi’an city or
concerned district. Then it should
consult with the affected unit on the
land, which will be transfered
onerously after the units are
evaluated in market by qualified
evaluating organizations
Construction land�100-400 thousand
Yuan/mu
General Report on Migrant Resettlement Plan
52
Affected types Affected
people
Policy of compensation and
resettlement standard
leaseholders
The leaseholders of enterprises and
shops,on condition of being
informed one month in advance, can
have enough time to seek for other
shops to continue their business.
The implementing organization
should provide with renting
infrmation to help them find new
site and meanwhile inform the
affected jobbers 3months in
advance and provide with free
information to help them find new
job as early as possible.
Removal subsidy and the unremovable
facilities are compensated by its
replacement cost
compensation for
house demolition and
relocation
property
rights
owners
�1�methods of removal and
resettlement compensation.
Compensation methods of
demolishment shall be in the form
of monetary compensation or house
property right exchange with equal
monetary compensation.The house
demolishion is based on the
building area,and should be
transferd elsewhere with houses of
the same size and same price.The
methods of removal and
resettlement compensation can be
selected by the removed persons or
leaseholders according to
regulations�
�2�monetary
compensationamount of
inhabitated houses. The amount
House demolishion subsidy�
Brick-concrete 450-1600 Yuan /m2
Brick-wood 260-900 Yuan /m2
concise 150-800 Yuan /m2
removal subsidy�1000 Yuan/family�if
resettled with provided house or money
subsidy, 500 Yuan/family.
Temporary resettlement subsidy�
A. As for the house located within the
first ring road with an area of less
than 30m2 (inclusive), the subsidy
shall be RMB nine Yuan for each
square meter per month; the one
with an area of over 30m2, the
subsidy for that 30m2 shall be
RMB nine Yuan for each square
meter per month and the subsidy
for exceeding part shall be RMB
seven Yuan for each square meter
General Report on Migrant Resettlement Plan
53
Affected types Affected
people
Policy of compensation and
resettlement standard
of inhabitated houses’ monetary
compensation should be decided
by the replacement principle
according to the market
evaluating unit price and the
house building area.
�3�Relevant fees on house
demolishion and removal.The
housebreaker should disburse
removal subsidy, facility removing
fee and transitional temporary
resettlement subsidy,and provide
the temporary resettlement subsidy
since the end of the transitional
period.
per month.
B. As for the house between the first
ring road and the second ring road
with an area of less than 30m2
(inclusive), the subsidy shall be
RMB seven Yuan for each square
meter per month; the one with an
area of over 30m2, the subsidy for
that 30m2 shall be RMB seven
Yuan for each square meter per
month and the subsidy for the
exceeding part shall be RMB five
Yuan for each square meter per
month.
C. As for the house between the
second ring road and the city-
around expreeway with an area of
less than 30m2 (inclusive), the
subsidy shall be RMB 6 Yuan for
each square meter per month; the
one with an area of over 30m2, the
subsidy for that 30m2 shall be
RMB 6 Yuan for each square meter
per month and the subsidy for the
exceeding part shall be RMB
4Yuan for each square meter per
month.
Demolishion and
removal of
workshops,warehouses
and shops
Enterprises
and shops
According to Xi’an’s
policies,theworkshops,warehouses
and shops are compensated with the
house and land separated. The
Industry land�100-400thousand Yuan/mu
Compensation standard of the
workshops,warehouses and shops�
General Report on Migrant Resettlement Plan
54
Affected types Affected
people
Policy of compensation and
resettlement standard
houses of them are compensated by
the Xi’an Rural Houses Delolition
Management Implementation Rules,
while the land are compensated by
the character of land , combined
with the local market evaluating
price. Besides, the compenstion
includes the loss of stopping
production and the facilities
removing fees.
The rights and interests of the
employees are not affected during
the removal,including their wages,
medical and social insurance,
dividend and bonus,etc.
The employees won’t lose their jobs
as a result of the removal.The
affected jobbers will be informed 3
months in advance, provided with
free job information and helped to
find jobs as early as possible.
The workshops,warehouses and
shops will be informed in advance
and provided with free renting
information about shops of the same
size in the same region, so that they
can have enough time to find
suitable houses to maintain their
normal operation and get the
removing fees.
brick-concrete� 390-5500 Yuan
/m2
brick-concrete� 5400 Yuan /m2
concise structure� 150-5300 Yuan
/m2
removal
subsidy of the workshops,warehouses and
shops�500 Yuan /family
Ground attachments
and public facilities
property
rights
The project unit compensates to the
property rights owning unit or the
Compensation for attachments:
Fruit tree 130-170 RMB Yuan
General Report on Migrant Resettlement Plan
55
Affected types Affected
people
Policy of compensation and
resettlement standard
owners property rights owner. Fishpond 18000-22000 RMB Yuan
Other tree 17-25 RMB Yuan
Public facilities:
Compensated completely by the
replacement price