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Preface

As one section of the national highway artery between

Tongjiang in Heilongjiang Province and Sanya in Hainan Province

approved by the State Council,Zhangzhou-Zhao'an Expressway,located

in Fujian Province,is not only one of the key highway construction

projects planned by the Ministry of Communications of China but

.one of the key highway construction projects of Fujian Provice in

the Ninth-Five years.It is planned to be open to traffic in 2001.

Passing through 4 counties of Zhangzhou City, the Zhangzhou-

Zhao'an Expressway is located in the economy, technology,industry,

resources and intelligence reletively highly concentrated and

urbanized area of Fujian Province. Its completion will no doubt

play a great role in promoting the socio-economic development,

accelerating the circulation of goods and materials and expanding

the exchanges between different areas in Fujian Province and even

the whole country.

Hua'an County is located in the mountainous area in the north

of Zhangzhou City. Hua'an section of the Zhangzhou-Hua'an Road is

of a low class with poor road conditions. This project after

completion will play an important role in developing local

mountainous economy and satisfying the need of the traffic

increase. It will create a fast passage in Central Fujian Province,

linking up nearby Zhangping City, Anxi County and Yong'an City. It

can also connect the local road network to the Expressway, which

will give full wing of the overall function and benefit of the

local road network.

This RAP is prepared according to the Land Administration Law

of the People's Republic of China, local laws and regulations of

Fujian Province and China Highway Project Resettlement Model Plan

(draft) of the WB. This RAP is a carefully prepared detailed plan,

which aims to appropriately resettle those affected by the project

and have them benefit from the project, improving or at least

maintaining their living standards as before the project

construction.

During the data collection and preparation of the RAP, we get

much help from Fujian Provincial Traffic Planning and Design

Institute and the traffic bureaus, land administration bureaus and

resettlement offices along the expressway.Please let us to express

our sincere thanks to them.

Objectives of the RAP and the Definition of Resettlement Terminology.

This Resettlement Action Plan (RAP) is prepared according to the Laws andRegulations of PRC, and Fujian Province as well as the Guidelines of the WorldBank (Operational Directive for Involuntary Resettlement OD 4.30). The purposeof this document is to set out an Action plan for the Resettlement andRehabilitation of the Project Affected Persons (PAPs) to ensure that they willbenefit from the project and their standards of living will improve or at least berestored after the project impact.

Acquisition of land and other assets for the project will adversely affect thelivelihood of persons who live, work or earn their living on the land that will beacquired for the project. PAPs are defined as those persons whose income orlivelihoods will be adversely affected by land acquisition for the project. PAPsinclude the following categories:a) persons who have a title, right, interest, in structures (houses, enterprises,shelters, or public buildings), land (including residential, agricultural, and grazingland) or any other asset acquired or possessed, in full or in part, permnanently ortemporarily;b) persons who use the structures, land or assets described above; orpersons whose business, occupation, work, place of residence or habitat adverselyaffected; orc) persons whose standard of living is adversely affected as a consequence ofland acquisition.A definition of PAPs is given below:

Definition of the PAPs: "Affected Persons" means persons who on account ofthe execution of the project had or would have their: a) standard of livingadversely affected; or b) right, title or interest in any house, land (includingpremises, agricultural and grazing land) or any other fixed or movable assetacquired or possessed, temporarily or permanently; or c) business, occupation.work or place of residence or habitat adversely affected, and "affected Person,"means individually all those who qualify as "Affected persons."

PAPs may be individuals or legal persons such as a company, a public institution.Definition of PAPs is not limited to their legal registration or permission to live orconduct business in the affected location, or their title to property Thus, itincludes:a) all those affected by the project regardless of their legal rights or absencethereof to the assets being taken; andb) persons without residential pennit to live in a certain area.Therefore, all such persons who are affected will need to considered and recordedas PAPs, regardless of their legal connection to assets land or location.

If there are more than one person, family or household using or holding a title tothe same land or property that is acquired, they will be compensated andrehabilitated according to the loss they suffer, their rights, and the impact on theirliving standards. The definition of PAPs is linked directly to the adverse effectof the project, regardless of legal rights title or interest.

All PAPs are entitled to the improvement or at least restoration of their standardsof living, and compensation for the material losses they suffer. Compensation forassets will cover replacement cost. No deduictions or discounts will be applied tothe compensation amount for depreciation or other reasons. All PAPs deriving aneconomic benefit from the affected land and property are entitled to receiverehabilitation benefits in addition to the compensation for their assets lost. ThosePAPs without title, authorization or legal permission to reside, conduct business,cultivate land or construct structures are eligible for rehabilitation of theirlivelihoods and compensation for their assets on an equal footing with those withformal legal title, authorization or permissions to the assets.

The term RESETTLEMENT includes: a) the relocation of living quarters; b)finding acceptable new employment for those whose jobs are affected; c)restoration (or compensation) of affected productive resources such as land, work-places, trees and infrastructure; d) restoration of other adverse effect on PAPs'living standards (quality of life) through land acquisition (such as the adverseeffects of pollution); e) restoration of or compensation for affected private andpublic enterprises; and f) restoration of adversely affected on cultural or commonpropert.

Rehabilitation means: the restoration of the PAPs' resource capacitv to continuewith productive activities or lifestyles at a level higher or at least equal to thatbefore the project.

The objective of this RAP is to provide a plan for the resettlement andrehabilitation of the PAPs so that their losses will be compensated and theirstandards of living will be improved or at least restored to the pre-project levels.To achieve these objectives the plan provides for rehabilitation measures so thatthe income earning potential of individuals are restored to sustain their livelihoods.Affected productive resources of businesses (enterprises including shops) andpublic property. Infrastructure and cultural propertv will also be improved or atleast restored to their pre-project levels.

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Contents

Chapter Onc Introduction to the project

1. Brief introduction to Hua'an Section of Zhangzhou-Hua'an Road

2. Project affected and benefited areas .................... 2

3. Socio-economic backgrounds in the project area .............. 2

4. Mcasures to minimize resettlemefit ........................... 4

5. Tcchnical and economic feasibility study .................... 4

6. Preliminary design and design of construction drawings ...... 5

7. Project employer and organization ........................... 5

8. Social survey ............................................... 5

9. Preparation of the RAP ...................................... 8

IO.. Schedule of project preeparation,construction and execution. 8

11. Land use permit,resettlement and reconstruction ............. 8

12. Compensation criteria ....................................... 9

Chapter Two Project influence

1. Land acquisition ............................................ 10

2. Affected buildings ................................. 11

3. Loss of emplovment opportunities in agriculture.enterprises

and public organizations ................................. 15

4. Affected infrastructure ........................ ......... 16

5. Temporary land occupation ................................. 17

6. Loss of crops ..................................... 18

7. Loss of other properties ................................. 18

8. The affected person ................................. 19

9. Influence on the vunerable group ............................. 20

Chapter Three Legal framework

1. Policies ................................. 21

2. Compensation criteria ................................. 34

Chapter Four Estimate and budget of the compensation fcc

1. Capital flow .......................... 38

2. Basic cxpenses .38

3. Administrative overhead .41

4. Incidentals .41

5. Other expenditure .41

Chapter Five Resettlement and rehabilitation action plan

1. Demolition and reconstruction of buildings .42

2. Rehabilitation infrastructure .47

3. Compensation for other ground objects on acquired land

.................... ................. 48

4. Resettlement of the fragile community .48

5. Resettlement relating to employment .48

6. Resettlement relating to land acquisition .50

7. Schedule of resettlement activities .54

8. Schedule of release of resettlement subsidy.-56

9. Resettlement information booklet .56

Chapter Six Organization

1. Establishment of organization .57

2. Duties .57

3. Resettlement leading group .60

4. Staffing of the resettlement offices .60

a. Professional -training for the staff of resettlement

offices .61

6. Organization chart .................. 61

7. Institutional strengthening and training .62

Chaptcr Scvcn Public participation and consultation

1. Extensivc public participation .......................... 63

2. Regular resettlement meetings ............................ 64

3. Public opinions and revisions based on them ............. 64

4. Modc of participation of the affected ................... 65

5. Rcgular public consultation meetings .................... 66

6. Mode of participation by the affected and the public

during cxecution of land acquisition and resettlement ... 66

7. Schedule of public participation and consultation ....... 66

8. Role of independent monitoring organization in public

participation and consultation .......................... 67

Chapter Eight Appeals ...................... 68

Chapter Nine Monitoring ...................... 70

Chapter Ten Reporting

1. Internal reports .................... 73

2. Reports from provincial resettlement office ............. 76

Chapter Eleven Summary of responsibilities for resettlement

compensation ...................................... 78

Appendix ..... 79

Chapter One Brief Introduction to the Project

1. 1 Brief introduction to Hua'an Section of Zhangzhou-Hua'an RoadThis project is an vital communications line running through

Hua'an County as well as the shortest passage between Zhangzhouand Zhangping Cities. Preparation of the feasibility study reportfor the project started in October 1998 and ended in December 1998.The preliminary design is to start in March 1999 and expected to

finish in May 1999.Design of the construction drawings is to startin June 1999 and end in August 1999. The project is planned tocommence in September 1999 and finish within two years.

With a total length of 41.73km,Hua'an Section of the Zhangzhou-Hua'an Road starts at Tankou on the border between Hua'an Countyand Zhangzhou City, runs up the Jiulong River and ends at Hua'anCounty gate. This project goes north to Zhangping City and getsconnected to Zhangzhou Section of the Zhangzhou-Hua'an Road to thesouth. Its subgrade is 12m wide and traffic lanes are 9m wide. Thedesign speed is 40km/h. It will be built into a Class Two road withtwo lanes. The major quantities are shown in Table 1-1 below.

Table 1-1 Major Quantities for Hua'an Sectionof Zhangzhou-Hua'an Road

(Recommended Scheme)

item unit quantity

length of alighment km 41.73

earth and rock m3 1784200

incl. earthwork 7 m3 739200

rock work m3 1045000

subgrade drainage and protection works M3 55088

cement concrete pavement m2 347170

culvert num. 102

small and medium-sized bridges m/num. 706/26

large bridge m/num. 376.58/2

tunnel m/num. 2350/2

take-over for use or lease of land mu 167.5

demolition of buildings mu 10192

.1.

1. 2 The project affected and benefited areas

Hua'an Section of the Zhangzhou-Hua'an Road runs through

such four towns as Fengshan, Shajian, Xinxu and Huafeng of Hua'an

County, with 14 administrative villages (farms and forest farms)

affected.

This project will very much improve the traffic conditions

in the project area and help develop local agriculture and

industry and raise the standard of living of local people.

1.3 Socio-economic backgrounds in project area

Situated in the far north of Zhangzhou City and adjacent to

Zhangping City of Longyan City, Hua'an County is a northern

mountainous county in the Zhangzhou Municipal Zoning Map, with 89%

of its land in the mountainous area. Based on these actual

conditions, the county have made the development target that is to

develop the county depending on the mountains and enrich the

farmers by developing agriculture. Priority has been given to

develop such eight leading industries as wood and bamboo, fruit,

edible fungus, vegetable, tobacco leaf, sugar cane, husbandry and

green food, and remarkable benefits have been achieved. In 1997 the

total yield of grains was 76970 tons,358kg per mu.485kg per person

(the totoal population of the county being 158627) - the per-

capita share of grains ranks second in Zhangzhou City; the forest

industry develops continuously. The percentage of forest cover of

the whole county is 59% The wood accumulation reaches 3, 506, 300m3 ;

There is rich water power resources. In 1997 the hydroelectric

energy production was 558.73 million KWh. Hua'an Hydraulic Power

Station,the biggest in the county,generates energy for 360 million

KWh annually on average. Three processing industries in relation to

wood and bamboo, jade and food have been developed,which brings an

annual output value of 280. 75 million RMB representing 37. 39% of

the total industrial output value and has become the main motive

force of the industrial development of the county. In addition,

there is rich rock resources.The most typical one,the Jiulong(Nine

-Dragon) Rock is Calco-silicon hornstone, looking like marble but

superior to granite.With fine smooth finish and compact structure,

it is exceIlent rock for handicrafts and high-class building

.2.

materials. The county is surrounded by mountains and rivers with

rich tourism resources to be developed.

Survey shows that in the affected towns the per-capita floor

space is m2, the per-capita cultivated land occupation between

0. 4mu and mu, the per-mu rice yield of both havest seasons between

300kg and 400kg. People in the affected towns are mostly mainly

farming. The main crops include rice, yam, beans and fruits. There are

also some township and private enterprises engaged in building

materials, handicrafts and non-metallic products.

During the six years between 1992 and 1997, the GDP of Hua'an

County rose from 220 million RMB to 651. 97 million RMB (the 1990

price) with a total growth rate of 196. 35% and an annual growth

rate of 24. 27°% The total industrial and agricultural output value

rose from 363. 58 million RMB in 1992 to 1149. 85 million RMB in

1997 with a total growth rate of 216. 26% and an annual growth rate

of 25. 89%, The foreign-oriented economy developed continuously too.

In 1997 the county approved the establishment of four new foreign

capital-related ventures with contractual utilization of foreign

capital of US$ 4.16 million and actual utilization of US$3. 10

million. (The major economic indexes are shown in Table 3-3) In

general, the economic power and per-capita income increased very

much. But, compared to the two districts and one city of Zhangzhou

City, Hua'an is still backward on that aspect. On the other hand.

Hua'an County will maintain a high economic growth rate.

Table 1-2 Comparison of Economic Status Quo betweenZhangzhou City and the Whole Zhangzhou City

project proportion total GDP total industrial average netamong the population (million & agricultural incomethree yuan) output value (RUB per farmer

area industries (X) (person) million yuan) (RUB yuan)

Zhangzhou City 27.9:42.9:29.2 4,362,300 29959 45767 2664

Hua'an County 46.92:25.18:27.8 158,411 500 866.52 2102

.3.

1.4 Measures to minimize resettlement

It is unavoidable that highway construction will involve

occupation of land, demolition of houses and removal of infra-

structure and other structures,which will influence the production

activities, life and employment of the local residents.To minimize

the influence and resettlement, during survey and design of the

alignment, we have made comparison of different schemes and tried

our best to select the alignment with the lowest resettlement.

During discussion of the schemes, Fujian Provincial Traffic

Planning and Design Institute, resettlement offices and

environmental specialists worked closely,making reconnaissance and

consulting widely with local governments and public for opinions

so as to finally determine the best scheme. For this purpose, we

haved taken the following three measures:

(1) When the reconnaissance and design is carried out,

comparison will be made among different alignment schemes.When the

schemes are discussed, the design institute, resettlement offices

and environmental personnel will work jointly so as to select the

alignment scheme with lowest resettlement;

(2) A practical Land Acquisition, Demolition and Resettlement

Action Plan(hereinafter referred to as the RAP) for Hua'an section

of the Zhangzhou-Hua'an Road will be prepared, so that there are

rules to follow in the work. Only in this way can the affected

benefit from the project and the project impact be impacted;

(3)In order to let most of the land losers regain the land and

continue to use their production techniques and tools, not

necessary to leave their hometown for training, we have taken land

adjustment as the key measure supported by another measure of

resettlement in township enterprises to minimize the resettlement

and influence.

1.5 Technological and economic feasibility study

Preparation of the prefeasibility study report for Hua'an

.4.

Section of the Zhangzhou-Hua'an Road was started in October 1998

and completed in February 1999 by Fujian Provincial Communications

Planning and Design Institute.

1. 6 Preliminary design and design of construction drawings

Fujian Provincial Communications Planning and Design Institute

is responsible for the preliminary design of the project, which is

to start in March 1999 and finish in June 1999. Design of the

construction drawings is to start in June 1999 and finish in

September 1999.1. 7 Project employer and its organization

The Employer for Hua'an Section of the Zhangzhou-Hua'an Road

is Zhangzhou Municipal Zhangzhou-Zhao'an Expressway Co. , Ltd of

Fujian Province. In order to do a good job in land acquisition and

resetlement, Zhangzhou City and Hua'an County have established the

Construction Leading Group for Hua'an Section of Zhangzhou-Hua'an

Road. under which the resettlement offices are set set, specially

responsible for coordination and implementation of the

resettlement activities. (All towns along the' project have

established their resettlement offices too)

1. 8 Social survey

1. 8.1 Socio-economic survey

The socio-economic survey for Hua'an Section of the Zhangzhou-

Hua'an Road was initiated by Fujian Provincial Traffic Planning

and Design Institute in January 1999. In February 1999 Zhangzhou

CIRO. together with the COROs, TROs and VROs, conducted a joint

supplementary survey. The supplementary survey last for 7 days and

participated in by 40 persons, collecting 105 sheets of information.

* Scope and object of the survey

Scope: with the total length of 41.73km, involving such four

towns as Fengshan, Shajian, Xinxu and Huafeng and 14 administrative

villages.

Object: Land, structures, facilities and all the affected people

in the project area./.5

* Content of the survey

number and classification of the affected collectives and

individuals; state of the project impact on buildings, land and

other properties as well as relevant information about income and

living standard; opinions of the affected; comparison information

between the affected and unaffected in a same area.

*Way of survey

For the survey, we prepared and distributed the Resettlement

and Socio-Economic Survey Form for Hua'an Section of the Zhangzhou

-Hua'an Road. During the survey we have tried our best to have the

drawings, objects and data in the survey forms correspond with each

other.

*Procedure of survey

a. Survey training

On May 18-19,1998 the CIRO presided over a Data Collecting

Working Conference for Hua'an Section of Zhangzhou-Hua'an Road in

Zhangzhou City with over 40 attendants from Zhangzhou Municipal

Resettlement Office, Fujian Provincial Communications Planning and

Design Institute, the Transport Bureau and CORO of Hua'an County

and TROs along the project.

Subject of the conference

(Ddefine the tasks, do the overall mobilization for resettle-

ment and' distribute the resettlement training textbooks;

(Dtrain the vocational key members about the subjects in the

way required by the WB, having them familiar with the survey

requirements and techniques.

b. training by levels and survey

(DAs required by the CIRO, the CORO called on the county and

town surveyors and the staff of the town-level land administration

offices for training. Examples were given in the course;

(J)After the above training course was over, the professionals

from the CIRO and Fujian Provincial Communications Planning and

.6.

Design Institute, together with the CORO,Transport Bureau and Land

Administration Bureau of Hua'an County, town-level land

administration offices and town/village cadres, jointly conducted

the on-the-spot survey and calculation;

(3With the support and cooperation of the towns, villages and

the affected along the expressway,the survey went on successfully.

Complete data and information have been collected.

1.8.2 Polls

Zhangzhou City Resettlement Office and Fujian Provincial

Traffic Planning and Design Institute are responsible for the

polls for the project, which were conducted in January 1999. The

polling forms are distributed to: all the resettled households and

the directly affected(not less than 30 households each town) . The

survey objects include village committee members, women

representatives, representatives from the affected middle schools

and the vunerable groups, democratics and VIPs. The survey was

conducted with questionnaire. It was finished in February 1999.The

results are shown in the following table.

Summary of Poll Results

items attitude percentage remarks

Are you in favor of construction yes 100of Hua'an Section of the no 0Zhangzhou-Hua'an Road? neutral 0

Who do you think the project individual 70 Some gavewill benefit? collective 92 more than

state 100 one answers

Do you know how the expressway clear 93construction involves you? not very clear _

not clear 2

Do you know the resettlement yes 80policies? no 20

Have you any requirements con- financial compensation 100 some gavecerning the resettlement? on-the-spot resettlement 89 more than

change of jobs 5 one answers

What affects you very such in noise 42 some gavehighway construction? tail gas of vehicles 8 more than

dust 43 one answersunconvenient for outgoing 65

What measures do you recommend plantation 90 someto reduce the influene? noise barrier 1 recom_ended

to pass far from villages 50 more thanto build underpasses 10 one measures

S.7

From the poll results we can conclude:

(1) The public hold a general view that this project be

beneficial to the individual, collective and country. And they

stands fully in favor of the project construction;

(2) They are very concerned about resettlement and generally

request for financial compensation and resettlement in the nearest

areas.Part of them requested to have their jobs changed;

(3) It is recommended to take necessary environmental measures

reducing the influence of the project on the environment.

1.9 Preparatory work for the RAP

Zhangzhou City Resettlement Office is responsible for organizing

the preparation of the RAP. Zhangzhou Municipal Expressway

Directorate Office entrusted the polling work for the Zhangzhou-

Zhao'an Expressway project to Fujian Provincial Communications

Plannning and Design Institute. The CIRO, CORO, County Transport

Bureau, County Land Administration Bureau and township government

took part. Village committees, the affected people and responsible

persons of township enterprises actively cooperated by providing

relevant data. The maps fof design use, computer softwares and

survey data processing were completed independently by Fujian

Provincial Communications Planning and Design Institute, who was

also responsible for traning the CORO on computer operation.

The CIRO and Fujian Provincial Traffic Planning and Design

Institute jointly completed the preparation of the RAP.1.10

Schedule of the preparation and execution of the project

Preparation of the RAP for this road project started in 1998.

February 1999 saw the completion of the survey on resettlement.

March 1999 will see the completion of preparation of the RAP

for Hua'an Section of the Zhangzhou-Hua'an Road.

In May 1999 it is planned to start the overall land

acquisition and resettlement.

In September 1999 construction of the project is starting.

In August 2001 the project will be completed and opened to

traffic.

1. 11 Permission of land occupation, resettlement and construction

This project needs to occupy 167.5 mu land and temporarily

.8.

lease 24.9 mu. It is planned to carry out the overall land

acquisition and resettlement and provide access to the

construction sites between May and August 1999.

After the preliminary design got approved, Hua'an CORO will by

levels apply for approval of the land use according to the

procedures stipulated in the National Land Administration Law.

After obtaining the Construction Land Use Permit, the CORO will

carry out the land acquisition and resettlement according to this

RAP and finish it before August 1999. Construction of the project

will start in September 1999.

1.12 Compensation criteria

Fujian Provincial People's Government and the municipal and

county-level people's governments have not set compensation

criteria particularly for this project. All the compensation will

follow the national, provincial and municipal unified regulations

and the relevant WB requirements.

For more details,see Chapter Three,Legal Framework.

.9.

Chapter Two Project Impact

2.1 Land Acquisition

Table 2-1 Summary of Land Acquisition

no Classification Unit Quantity

A B C

I total land acquisition of the project mu 192.4

2 permanent land acquisition au 167.5

3 temporary land acquisition au 24.9

4 land acquisition in cities and towns au 0

5 cultivated land acquisition mu 33. 1(paddy field,dry field,water pond)

6 acquisition of land with buildings nu 25.5(houses, enterprises, public buildings)

7 total number of people affected person 397

8 number of households affected household 84

9 number of labour force affected person 193

10 number of adrinistration units affected pcs 89

11 of which,city pcs 1

12 county PCs 113 township pcs |6

14 village pcs 14

15 production group pcs 67

16 affected percentage of total cultivated % 0. 1land in affected villages

17 average per-capita cultivated land mu 0.5-1. 2occupation in affected towns l

18 average cultivated land occupation per au 0.8-1. 8labour force in affected towns

19 average cultivated land occupation per au 0. 9-2. 0labour force in affected villages

20 number of villages where the ratio of pcs 0land to labour force lower than theaverage of the whole town

21 number of villages whose land cannot be pcs 0re-adjusted due to land restriction

10.

2.1.1 Indirect Impact by Readjustment of Land

In order to provide te resettled households with new land, it

is verified that the land in 6 villages (8231 mu in total) will be

readjusted, which will influence 1923 agricultural households,

involving 7745 household members.

2.2.2 Other Impacts by the Land Acquisition

*This project will not affect city land.

*In the total income of those households who will lose their

agricultural land and need to be resettled, the income from

agricultural production represents 87%.

* Land in 6 villages along the project will be re-allocated

to the affected people.

For more details,refer to Appendix 2-1.

2.2 Affected Buildings

Table 2-2 Summary of Affected Buildings

name & type of buildings quantity area (e2)(household& unit) house foundation total land

1 Affected private houses 28 5340 7743

2 private houses to be removed 28 5340 7743

3 affected public buildings 21 4852 6062

4 office 37 3574 4528

5 house 156 1278 1534

6 total of bldgs to be removed 21 4852 6062

Note: Those affected by land acquisition for reconstruction ofdemolished buildings related to Items 2 and 3 in Table 2-2 are notincluded in the affected population They belong to the indirectlyaffected population in Table 2-3.

U.11

Table 2-3 Population Indirectly affected for Reconstructionof Buildings

Buildings indirectly affected area (mu)to be Iaffected

demolished population (types of land involving removal)(person)

cultivated land residence others

A B C D E

1 private houses 9 7 19

2 public buildings 2

-In order to avoid resettlement for a second time because of

reconstruction of buildings, attention has been paid during the

arrangement on reconstruction land by the resettlement offices.The

sites of private houses and public buildings have both been chosen

in the area without residents and construction projects on.

Therefore, it is not necessary to take into account the

resettlement for a second time in the RAP.

2.2.1 Affected Residents

Table 2-4 Distribution of Buildings Affected

types of buildings number of number of area ([2)

households residents bldg foundation |total land

A B C D tE

1 total of bldgs affected 63 289 10192 1 13805

2 residence in the countryside 28 151 15340 7743

3 residence in urban areas

4 private residence 28 151 5340 9226

5 public bldgs 13 74 3574 4528

6 residence of some units

7 units in the same building

8 dormitories 22 64 1278 1534

Survey shows that the average per-capita living space reaches

32-53m 2 .

12.

* Most of the private houses to be demolished are old simple

brick-wooden or brick-concrete ones. The brick concrete houses

represents 17. 00% of the total number of private houses to be

demolished.

For information about the type, area and distribution of the

buildings to be demolished,see Table 2-5 below.

Table 2-5 Types,Area and Distribution of Private Houses

to be Demolished

type of houses brick brick earthen simple total

concrete wooden wooden houses

area (m2) 908 1960 2066 406 5340

% of total area 17 36.7 38.7 7.6 100

Along the project there is one enterprise whose employees'

dormitories will be affected. Most of the domitories are made of

brick and concrete with a living space of 15-25m2 .

When the land acquisition and resettlement starts, such

dormitories will be rebuilt to their original standards. The

principle is that building of new houses precede demolition of old

houses.

For more details, see Appendix 2-2.

2.2.2 Affected Ventures

* Survey shows that buildings of the affected ventures are

mostly the employees' residence.

* Only one venture is affected. But its office buildings and

workshop do not need to be relocated.Production can go on normally.

For more details, see Appendix 2-3.

.13.

Table 2-6 Distribution of Affected Venture

types of venture number of number of area (a2 )ventures affected people

(incl. affected building total landlabour force) foundation

A B C D E

1 num. of affected venture 1 64 1278 1534

2 state-owned venture 1 64 1278 1534

2.2.3 Affected Public Buildings

Table 2-7 Distribution of affected Public Buildings

types of public number of number of area ()

buildings units affected people

(incl. affected building total

labour force) foundation land

A B C D E

1 total number of affected 5 74 3574 4528

buildings

_r I2 village-owned bldgs 1 12 125 125

3 town-owned bldgs

4 city/county-owned bldgs 4 62 3449 4403

5 state-owned buildings

6 land acquisition for recon- 4530

struction of the above bldgs

7 population indirectly in- 4

pacted by Item 6

8 some units partly affected

.14.

Survey shows that the affected buildings include such four

types of buidings as brick concrete, brick wooden, earthen and

wooden,and simple houses.

All the affected 13 public buildings need to be relocated.

The public buildings refer mainly to offices and dormitories.

The affected people numbers 383.

For more details, see Appendix 2-4.

2.3 Loss of Employment Opportunities in Agriculture,Enterprises and

Public Organizations

Table 2-8 Summary of affected Employment Opportunities

loss of employment number of number of number of affectedopportunities labor force households people

A B C D

1 excess agricultural labor force 14 9 34

2 excess labor force in affectedventures

3 excess labor force in affectedpublic organizations

4 indirectly affected excesslabor force

Those working in public buildings will not be fired by the

affected organizations.

Most of the excess agricultural labor force are between 20 and

45 years of age, fairly familiar with agricultural cultivation and

in good physical conditions. If arranged to work in township

enterprises, they can adapt themselves to the new position in a

short period of time after taking part in short training courses.

For more details,refer to Appendix 2-5.

.15.

2.4 Affected Infrastructure

Table 2-9 Quantities of Affected Infrastructure

affected infrastructure unit quantity

A B C

1 roads km 38.7

incl. ex-class highways km 2.6

2 power cable m 14300/178

3 broadcasting cable m 3700/75

4 tele-communications cable m 18800

5' transformer pcs 7

Among the affected infrastructure listed in the above table,

the power cables are owned by the city and county power

administration authorities, the telecommunications cables by city

and county posts and telecommunications departments, the rated

highways by the state, the farming paths by local governments and

water channels by the water resources administration departments

of the respective towns.

For more details,please refer to Appendix 2-6.

.16.

2. 5 Temporary Land Occupation

Table 2-10 Summary of Temporary-Land Occupation

temporarily quantity (date)

occupied land

(mu) start end

A B C D

1 paddy field 1.2 1999.8 2001.9

2 dry land 0 1999.8 2001.9

3 water ponds 0 1999.8 2001.9

4 hilly land 18 1999.8' 2001.9

5 wasteland 5. 7 1999.8 2001.9

6 total 24.9 1999.8 2001.9

The temporarily occupied land is mainly used as places to

erect workers'sheds, spoil soil, process materials and build detour

roads on and take suitable soil from which will be restored now

and then by batches after completion of the- construction and

returned to the local residents. The timetable for the temporary

land occupation is shown in Table 2-10. For more details, see

Appendix 2-7.

1T.

Table 2-11 Locations and Timetable for Temporary Land Occupation

purpose location 1999 2000 2001

JUN SEP DEC MAR JUN SEP DEC MAR JUN SEP

1 workers' sheds sites of con-struction units

2 detour roads construction site…-

3 to process site of construct-materials ion units or…-

construction site

4 to spoil soil construction…-on sections

S to take soil construction _…-from sections

2.6 Loss of CropsTable 2-12 Estimated Loss of Crops

types of crops

rice others

mu output value mu output value(RMB yuan) MEB yuan)

A B E F

loss caused by permanent 33.1 19860 109.9 54950land acquisition

loss caused by temporary 1.2 720 18 9000land acquisition

The loss of crops caused by temporary land lease reaches RMB9720 yuan a year.

2.7 Loss of Other PropertiesTable 2-13 Loss of Other Project Affected Properties

other affected unit quantity total valueproperties B yuan)

A B C D

1 tombs nun. 17 510

2 Longan & Litchi trees head 270 185000

3 other fruit trees head 410 424600

4 banana trees crowd 240 2400

5 total RMB 432510

.18.

2.8 Affected Population

Table 2-14 Summary of affected Population

classification of affected number of affected number of affectedpopulation households people

A B C

1 total number of people 84 397affected by land acquisition

2 agricultural population 84 397affected by land acquisition

3 population affected by 28 151demolition of private bldgs

4 population affected by 35 138demolition of public &enterprise buildings

5 population whose workingsites were affected byland acquisition

6 population affected by 10 37temporary land acquisition

7 population indirectly not 2 9directly by the project

8 population who can get a shareof preserved land(not one from land adjustment)

9 population less than 25% of 84 397whoselandwastaken over for use

10 population25-50% of whose landwas taken over for use

11 population5O-75% of whose landwas taken over for use

12 populationover75%of whose landwas taken over for use

For more details,please refer to Appendices 2-8 - 2-10.

. !9.

2.9 Impact on the Vunerable groups

Table 2-15 Summary of Affected Vunerable Groups

classification of affected number of number offragile communities households people

A B C

woman-head land acquisitionsingle-parent

I families house demolition 1 2

job loss

agings living land acquisition 2 2alone

2 house demolition

job loss

families the land acquisitionmajority of

3 whose members house demolition 1 2are weak orsick job loss

poor families land acquisition

4 house demolition 1 4

job loss

.20.

Chapter Three Legal Framework

3.1 Policies

In China, the policies relating to land acquisition and

immigrant resettlement are described for three levels:

A. The Central Government of the People's Republic of China

promulgates national regulations and implementation guidelines to

establish the basic policy frame;

B. The governments at the provisional level publish the

comprehensive or particular regulations relating to the implement-

ation of the national regulations;

C. The prefectures, municipalities and counties set up the

rules for particular items. A

The resettlement action plan shall be prepared according to

the laws,regulations,WB-established guidelines about the resettle-

ment of involuntary immigrants (OD4.30) and sample resettlement

action plan for highway projects in China (draft),which are listed

below . Implementation of the resettlement action plan shall be

under the said legal frame.

3.1. 1 The following laws include the key policies relating to land,

grassland and forest.

A. the National Land Law-which was passed during the 16th

meeting of the Standing Committee of the 6th National People's

Congress in June 1986 and revised during the 5th meeting of the

Standing Committee of the 7th National People's Congress in

December 1988-and its enforcement details;

B. the National Gressland Law, which was passed in June 1985

during the 11th meeting of the Standing Committee of the 6th

National People's Congress;

C. the National Forest Law and its enforcement details.

The major regulations of the National Land Law (the most

.21.

important part of the above-mentioned laws) go as follows:

A. Ownership

a. All the land is owned by the state or collective;

b. The land owned by the collective is managed and operated by

the village committee;

c. The county-level governments register the collective-owned

land and issue the ownership certificate to the villages. For

national construction, only the governments at the county level or

above have the right to give out the certificates to certity the

land utilization right of the state organs (organizations and

ventures),collectives or individuals;

d. Any change of land ownership or utilization rights shall be

formally recorded and new relevant certificates shall be issued;

e. The collective-owned land shall be regarded as state-owned

land once it is taken over for use for state projects.

B. Utilization of Land

a. Law allows the change of land ownship between the state and

the collective;

b. Collectives or individuals are allowed to contract the

state or collective owned land. Contracts compliant with the

necessary procedures are protected by lay;

c. The state will establish a national land investigation

system and a national land statistical system;

d. All the governments at the town level and above are

required to work out a comprehensive land utilization plan. The

national land utilization plan is to be prepared by the National

Land Bureau;

e. The take-over of 3 mu or more cultivated land for non-

agricultural use shall obtain the approval of the governments at

the county level or above;

f. The contracted or private plots shall be used for

particular purposes, not for other purposes such as house

construction,compound,mining,earth taking,etc;

g. In case the cultivated plot is used for mining or sand

.22.

taking,the user shall be responsible for having it restored.

C. Land for National Construction

a. Procedures for Approval

i) The project owner shall submit the feasibility study report,

annual construction schedule and other specified documents to the

land administration department of the county-level government to

apply for the land utilization right;.

ii) After review of the application and investigation of the

land to be taken over for use, the land administration department

will call on the project office and land owner and user as well as

the governmental authorities concerned to negotiate and discuss

the land compensation and immigrant resettlement plans. After the

discussion,the county-level land administration department submits

to the higher office a letter of recommendation for approval of

the land utilization right.

iii) While the application is approved,the authority concerned

will issue a document to certify the required land allocation.

b. Limit of Authority for Approval

i) The take-over of over 1000 mu cultivated or other types of

land over 2000 mu for use for national construction projects,shall

be approved by the State Council;

ii) The provincial government has the right to approve the

utilization of a certain sum of land within its province;

iii) The county-level government has the right to approve the

utilization of not more than 3 mu cultivated land or not more than

10 mu other types of land;

iv) The provicial People's Congress decides the limits of

authority of prefecture and municipal governments in approving

land utilization.

c. The projects shall provide compensation to the affected

units or individuals in relation to land loss, damaged green rice

and resettlement;

d. While the vegetable plot in the outskirts of a town is

.23.

taken over for use, the project owner is required by the state to

pay the construction fund for a new vegetable plot;

e. The amount of compensation shall be calculated in the

following way:

i) The amount of compensation for taken-over cultivated land

shall be equal to 3-6 times the average annual per-mu output value

of the taken-over land in the previous 3 years;

ii) In view of the above standard, the provincial and municipal

governments should decide the compensation ratio for other types

of land;

iii) With reference to the standard for cultivated land, the

provincial and municipal governments should decided the compens-

ation ratios for damaged green rice and auxiliary buildings;

iv) The resettlement allowance for take-over of cultivated

land shall be calculated on the basis of the agricultral people

who need to be resettled. The resettlement allowance for each

agricultural person who needs to be resettled shall be equal to 2-

3 times the average annual per-mu output value of his taken-over

cultivated land in the previous 3 years, but never more than 10

times that. The number of people who need to be resettled shall be

calculated by the amount of taken-over cultivated land divided by

the average per-person land occupation before the take-over. The

standards for resettlement allowance for other types of land shall

be decided with reference to those for cultivated land by the

provincial and municipal governments.

v) In case after resettlement the farmers cannot maintain

their previous living standard, the provincial and municipal

governments can increase the resettlement allowance. But,the total

of land compensation and resettlement allowance shall not exceed

20 times the average annual per-mu output value of the taken-over

land in the previous 3 years before the take-over;

vi) The amount of compensation for the tentatively occupied

land shall be decided on the basis of the average annual output

.24.

value of the taken-over land in the previous 3 years.

f. The affected collective unit shall use the land compens-

ation fee and resettlement allowance for developing production and

creating employment opportunities or providing living allowance

for those who are not able to work, never for other purposes. No

unit and individual are allowed to occupy them.

g. The compensation for damaged, green rice and demolished

auxiliary private buildings shall be paid to the owners.

h. The county-level land administration department shall

coordinate with the land user and the units whose land has been

taken over for use and resettle the excess labour force by

developing agricultural and sideline production and setting up

township enterprises. Among those not resettled, arrangement shall

be done to employ the qualified in the collective or state owned

enterprises. At the same time, the resettlement allowance shall be

released to the units which receive those to be resettled.

i. After being approved by the provincial and municipal

governments, the agricultural population of those units whose land

was totally taken over for use can be changed to the non-

agricultural one. The originally collective-owned properties,

deserved compensation fee and resettlement allowance shall be

dealt with by negotiation between the county and town-level

governments and the villages. They shall be used for orginization

of production and as living allowance for those who are not able

to work,and cannot be divided privately.

D. Land for Village Construction

a. Strict restrictions shall be imposed on the land occupation

by village enterprises.

b. The use of agricultural land by residents for other

purposes shall gain approval from the village committee,town-level

government,county-level land administration department and county-

level government.

c. The use of non-agricultural land by residents shall gain

.25.

approval from the village committee and town-level government.

d. The use of land for village construction shall gain

approval from the county-level land administration department and

local governments.

e. The private use of collective-owned land for, non-

agricultural purposes shall gain approval from the village

committee,town and county-level governments.

3.1.2 Acts and Regulations by Fujian Province

Fujian Province has promulgated a series of comprehensive and

particular acts on the execution of the national laws and

regulations,which mainly inculde as follows:

A.. 'Land Administration Execution Guidelines of Fujian

Provincel,which entered into force as of Septerber 15,1989;

Summary of the main laws and regulations of which includes:

Article 12 Land acquisition for national construction shall

foflow the procedures hereafter:

(1) Application for land acquisition

Only when the project has been included in the national fixed

assets investment program according to the state stipulations or

has been approved as a national construction project and

considered in the indexes for control of the national construction

land occupation of a specific year,can the employer apply for land

acquisition to the municipal and county-level land administration

departments where the project is located.

(2) Verification of the data for land acquisition

The land administration departments shall caUl on the land

user, the unit whose land has been taken over for use and other

departments concerned such as statistics, grains, public security

and labour protection,to verify such data relating to the acquired

land as the area, ownership, type, average annual per-mu output

values in the 3 years prior to the land acquisition and average

per-person cultivated land occupation of the said unit.

.26.

(3) Determination of compensation cost and resettlement plan

The land administration departments shall call on the land

user, the units whose land has been taken over for use and other

departments concerned to,pursuant to the present guidelines,decide

the compensation cost and resettlement plan, and sign the land

acquisition agreement.Any land acquisition agreement not confirmed

by the land administration department is void.

(4).Approval of land acquisition

After review of land acquisition documents submitted by the

land user, the municipal and county-level land administration

departments shall transmit or approve them within the limit of

authority specified in the present guidelines.

(5) Assignment of land-

After approval of the land acquisition application documents,

the municipal and county-level land administration departments

shall give out a notice on the land acquisition to the unit whose

land has been taken over for use and assign the land to the user

in a specified time limit.The employer or land user cannot use the

land until it has obtained the land occupation permit for

construction.

(6) Registration and issuance of certificate

After the construction is finished, the land user shall apply

to the land administration department for check of the land

occupation for the construction. After the check by the land

administration department and confirmation of the land utilization

right, registration can be done and a land utilization certificate

is issued.

The land user for national construction shall submit the

following documents:

(1) a letter of design task for the approved construction

project or documents approved by competent authorities;

(2) the reviewed and approved preliminary design documents and

general plan layout;

.27.

(3) the approved national fixed assets annual investment

program and capital arrangement proof documents;

(4) the topographic map for land acquisition approved by the

municipal and county-level land administration departments and,for

those projects located within the city-planned area, the documents

proving the agreement by the city planning and administration

department;

(5) the land acquisition agreement and reports concerning 'the

land acquisition;

(6) relevant laws and regulations and other document regarded

necessary by the land administration department.

Article 13 After land acquisition for construction projects has

been approved, the unit whose land will be taken over for use

shall be subordinated to the interests of the nation and give out

the land in due time. The land user and the unit whose land has

been taken over for use should observe the land acquisition

agreement in force should not obstruct or refuse its execution

for any reason. I

Article 14 Limit of authority for approval of land acquisition

for national construction projects

(1) The take-over for use of not more than 3 mu cultivated

land (including vegetable plots and fish ponds, the same

hereinafter) or not more than 10 mu other types of land shall be

approved by the county-level people's government and reported to

the provincial and municipal land administration bureaus or

prefecture administrative office as file for reference;

(2) The take-over for use of not more than 10 mu cultivated

land or not more than 50 mu other types of land shall be approved

by the municipal or prefecture government, and reported to the

provincial land administration bureau as file for reference;

(3) The take-over for use of not more than 1000 mu cultivated

land or not more than 2000 mu other types of land shall be

approved by the provincial people's governments;

.28.

(4) Within Xiamen Special Economic Zone, the take-over for use

of not more than 50 mu cultivated land or not more than 10 mu

other types of land shall be approved by Xiamen Municipal People's

Government and reported to the provincial land administration

bureau.

Article 15 For land acquisition for national construction, the

land user shall pay compensation fees at the following

rates:

(1) Land compensation fee

A. For the take-over for use of cultivated land, the amount of

compensation shall be equal to 5 times the average annual output

value of the acquired land in the previous 3 years; for the take-

over for use of cultivated land within the city planned area, the

amount of compensation 6 times the average annual output value of

the'acquired land in the previous 3 years.

B. For the take-over for use of cultivated land standing idle

not more than 2 years, the amount of compensation shall be 2 times

the average annual output value of cultivated land of the same

type in the previous 3 years; *for the take-over for use of

cultivated land standing idle over 2 years, the amount of

compensation 50% of the average annual output value of cultivated

land of the same type in the previous 3 years.

C. For the take-over for use of waste land or miscellaneous

land,the amount of compensation shall be 10% of that for the local

rice growing field.

D. For the take-over for use of fruit trees growing land, the

amount of compensation shall be 1 to 2 times the production cost

for the land planted with trees too early to grow fruits; for the

take-over of the land planted with trees old enough to grow fruits,

the amount of compensation 3 to 7 times the average annual per-mu

output value in the previous 4 years in view of the harvesting

cycle and the state of growing of the fruit trees.

E For the take-over for use of wood land, the amount of

.29.

compensation shall be 20-30% of that for local cultivated land.

F. For the take-over for use of fish raising waters, shallow

waters or salty fields,the amount of compensation shall be 2 times

the average annual output value in the previous 3 years.

(2) Compensation for damaged wood

A. For damaged young trees,the amount of compensation shall be

1 to 2 times the production cost verified by the local forestry

administration authority;

B. For damaged middle forest, the amount of compensation shall

be 20-40% of the accumulated per-mu output value of the grown-up

trees;

C. For damaged grown-up forest, the amount of compensatoin

shall be 800% of the expenses of wood cutting and transportation

(to the neighbouring highway or river side);

D. For damaged bamboos, the amount of compensation shall be 2

times the output value of the accumulated cut-down bamboos.

E The cut-down wood or bamboos from the acquired land belong

to the orignal operators.In case the land user need to keep them,

he shall pay additional expenses in reduced prices.

(3) The damaged green rice and ground objects shall be

compensated for on the basis of the actual losses. No compensation

should be done for the crops rush-planted and ground objects rush-

built after the beginning of consultation on the land acquisition.

Article 16 For land acquisition for national construction, the

land user shall pay the resettlement allowance.

(1) Resettlement allowance shall be paid to each who needs to

be resettled at the foIlowing rates:

For those whose cultivated land has been taken over for use,

the amount of resettlement allowance shall be 2 times the average

annual per-mu output value in the previous 3 years;for those whose

cultivated land lies in the city-planned area and has been taken

over for use, the amount of resettlement allowance 3 times the

average annual per-mu output value in the previous 3 years;for the

take-over for use of non-cultivated land or cultivated land

.30.

standing idle over 2 years,no resettlement allowance will be given.

(2) For the take-over for use of orchards or economic wood

land, the amount of resettlement allowance for each mu shall be 1

to 4 times the average annual output value in the previous 4 years.

(3) For the take-over for use of aquatics breeding waters and

shallow waters, the amount of resettlement allowance for each mu

shall be 1 to 2 times the average annual output value in the

previous 3 years.

Article 17 When the land compensation fee and resettlement

allowance released according to the present guideline are not

enough for those who need to be resettled to maintain their

previous living standards,the amount of resettlement allowance can

be raised appropriately provided it is approved by the provincial

people's government. But, the total of land compensation fee and

resettlement allowance shall never be more than 20 times the

average annual per-mu output value in the 3 years prior to the

land acquisition.

Article 18 The average annual output value per mu shall be

calculated by the average annual yield per mu in the previous 3

years (4 years for fruit trees and economic wood) times the state

specified price. In case no state specified price is available, it

shall be done at the market price published or accepted by the

local prices administration department.

Article 19 For the take-over for use of the state-owned land

previously used as agricultural, wood,pasture,fruits,tea and fish-

raising farms,the county-level or above people's governments shall

call on the land user and the unit whose land has been taken over

for use to resettle the workers in their production and living

conditions in an appropriate way; for the take-over for use of the

collective-owned land previously used as state-run agricultural,

wood, pasture, fruits,tea and fish raising farms,the case shall be

settled according to the specifications for land acquisition.

.31.

Article 20 For the take-over for use of the vegetable plots and

fish ponds which lie in the city-planned area and have been

harvested over 3 continuous years, besides the tax for occupation

of cultivated land,the land user shall pay the fund to develop and

construct new vegetable plots and fish ponds, which should not be

used for other purposes. The details will be decided otherwise by

the provincial people's government.

Article 21 Resettlement of the excess labour force and the mass

caused by land acquisition for national construction

(1) The excess labour force shall be resettled by the county-

level or above governments-in coordination with the land user and

land-loss unit by developing agricultural and sideline production

and establish township/village enterprises or by other means;

(2) Within the county-level or above city-planned area,part of

the agricultural population of the land-loss unit whose per-capita

cultivated land occupation is not more than 0.3 mu on average

before the land acquisition can be changed to local non-

agricultural population, the number of which shall be determined by

the area of taken-over cultivated divided by the average per-

person cultivated land occupation before the land acquisition. The

above-mentioned change from agricultural to local non-agricultural

population and land utilization right should be approved by the

land acquisition authority at one time. But, the number of people

who can be changed from agricultural to non-agricultural

population because of the land acquisition shall not exceed 5 per

mu.

(3) Within the county-level or above city-planned area, if the

average cultivated land occupation is over 3 mu before the land

acquisition and less than 3 mu after the land acquisition, just

maintain the average cultivated land occupation as 3 mu and the

excess part of agricultural population can be changed to local non

-agricultural population.

.32.

(4) For the unit whose land has been totally taken over for

use, after the review and approval of the provincial people's

government its agricultural population can be changed to local non

-agricultural population. For the unit whose land has not been

totally taken over for use for a provincial key construction

project and of which the acquired land is concentrated and large

in quantity and it is really difficult to resettle the immigrants

(both in production and living conditions) , its originally

agricultural population can be changed to local non-agricultural

population after it is approved by the provincial people's govern-

ment.

(5) Those who are changed from agricultural to non-

agricultural population according to Paragraphs 1 and 2 of the

present article and cannot be employed in the way stated in

Paragraph 1 of the present article, the municipal and county-level

governments shall be responsible for employment of one excess

labourer for every mu of the acquired cultivated land as a worker

under conlective ownership or a contract worker under the

ownership by the whole people. The land user who has recruitment

quota shall give priority to the above mentioned labour force for

employment. If there still exist problems, the land user shall

cooperate in finding receiving units and transfer the correspond-

ing resettlement allowance to the units receiving the excess

labour force. The employed labourers shall obey the unified

arrangement by the municipal and county-level people's governments.

The wanting recruitment quota shall be arranged by the labour

authorities through full consideration. The area of the acquired

land and number of people to be resettled shall be calculated.

.33.

3.2 Compensation Criteria

The following compensation criteria can also be applied to the

resettlement of immigrants relating to the project and after

execution of the project.

() The amount of compensation for any property shall be equal

to the cost of its restoration,not its depreciated cost.

(1) The compensatory damages shall be paid before the take-over

for use of the land and property.

G) When restoration of the property needs time, e. g.

contruction of the house or part of the house) , the compensatory

damages shall be paid to the affected person at the time he/she

needs money to start the restoration of his/her property.

®9 The final aim for compensation to the affected people is to

maitain their present living standards.

®D When the affected people cannot maintain their previous

living standards after implementation of the RAP, the total amount

of the compensation shall be raised to 20 times their annual

output value as stipulated in Article 29 in the Land Law. With

this indemnity additional measures will be taken to help to

maintain their living standards at a certain level.

® The ratios of compensation shall be negotiated and agreed

on between the resettlement office and representatives of the

affected people (a production group or village or town).

:) When the negotiation begins, with the participation by the

WB mission, the project resettlement office and representatives of

the affected people forward their respective suggested

compensation ratios; when the negotiation ends, the final compens-

ation ratio shall be agreed upon.

The compensation criteria for the land acquisition and

resettlement for this project is established on the basis of the

finished survey and study with reference to the actual conditions

of our province, which conform to the laws and regulations of our

country. It aims at the quickest recovery of the living standards

.34.

of the affected people and its final improvement. This corresponds

with the WB's guidelines on unwilling immigrants.

Compensation for land acquisition is based on the highest

yield of the land in the three years prior to the land acquisition.

All acquired land is compensated for at the same standards. The

amount of compensation of acquired land should be three times the

average annual yield of the land. The total amount of compensation

for per mu of land minus the land subsidy is the resettlement

subsidy. The subsidy is paid to the resettled person or work unit,

free of tax.

When water ponds are acquired, the project employer should

offer new ones to their owners with the latter's agreement.

3.2.1 Land and resettlement subsidies

Table 3-1 Subsidy due to the Villages after

Deduction of Tax and Overhead

average output land amount of resettlement per-muitems value per mu ccmpensat- compensation subsidy resettlement

(RUB yuan) ion factbr per mu(yuan) per mu subsidy plus(RUB Yuan) land subsidy

A B C D=B*C E F=D+E

paddy field 600 3 1800 4200 6000

dry land 500 3 1500 2500 4000

water pond 600 3 1800 4200 6000

orchard 500 3 1500 2500 4000

economic forest 500 3 1500 2500 4000

timber forest 140 3 420 580 1000

vacant lot 1000 1 1000 1000

wasteland 1000 1 1000 1000

bldg foundation 4000 1 4000 4000

others 4000 1 4000 4000

.35.

3.2.2 Compensation for Demolished Houses

It is requested in the compensation policy that damaged assets

be compensated for at their rehabilitation cost including land

leveling cost and the costs of power and water supply'services.

Table 3-2 Rehabilitation Subsidy for Various Types of Buildings

building brick concrete brick earthen simple housesstructure (a2) wooden (fl) wooden (X9) (§2)

rates of 250 200 150 100compensation

(RMB yuan)

3.2.3 Compensation for Other Ground ObjectsOther ground objects involved in the Zhangzhou-Zhao'an

Expressway project refer mainly to building foundations, tombs,sunning grounds, orchards, -enclosure walls, water wells, etc. Thecriteria of compensation for such ground objects shall bedetermined according to their restoration costs. For details,referto Table 3-3.

Table 3-3 Compensation Criteria for Other Ground Objects

description unit amount of compensation (RMB yuan)

building foundation on 75

tomb pcs 300

sunning ground *2 30

Longan & Litchi trees head 1500(0 > 20cm)

Longan & Litchi trees head 400(10cm< 0 (20cm)

Longan & Litchi trees head 10(3cm< D (10cm)

transplantation of seedlings head 5

other fruit trees head 60

banana tree crowd 10

enclosure wall as 40

water well pcs 400

pond digging cost employer responsible for offering new ponds

.36.

3.2.4 Main Inflastructure

The compensation for removal of inflastructure shall be paid

in the principle of restoration to their original appearance at

the prices negotiated and agreed upon by the local governments and

the removed units according to the budget prepared by the latter.

For details,refer to Table 3-4,Resettlement Budget.

Table 3-4 Rates of Compensation for Major affected

Infrastruture

items unit rate of compensation (RMB yuan)

power lines looom 110000

broadcasting lines ilOOm 4000

telecommunications lines lOOOm 25000

transformers pcs 3000

underground cables * pcs 25000

.37.

Chapter Four Estimate and Budget for Compensation

The expenses arising during execution of the land acquisition

and resettlement should be included in the general project budget.

During execution of the RAP, the CIRO will include the annual

capital demand in the annual investment plan.In Table 4-1 is shown

the capital demand for land acquisition and resettlement for this

project. The total cost of land acquisit-ion and resettlement is

estimated to reach RMB 5,911,875 yuan after calculation according

to the price in December 1998.

4.1 Capital flow

According to compensation policies and criteria for land

acquistion and resettlement, the CIRO, land supplier, organization of

public infrastructure will sign compensation agreements. The

compensation will be paid according to the agreements at the time

specified in the agreements.

The CIRO will pay the compensation to the following

organizations:

(1) the county-level resettlement office,who will assign it to

the township government;and then to:

a. the farmers whose crops,houses or other buildings have been

affected;

b. those affected by permanent and temporary land occupation.

The affected private enterprises will get the compensation

directly from the town-level resettlement office.

(2) owners of public facilities for damaged public facilities.

4.2 Basic expenses

For information about the calculation of the expenses, see

Table 4-1.

.38.

Table 4-1 Calculation of Compensation for Resettlement

no item unit quantity unit price amount(RUB yuan) (RMB yuan)

I land acquisition

1 paddy field nu 33. 1 6000 198600

2 hilly land mu 114.7 1000 114700

4 bldg foundation au 20.7 4000 82800

5 green rice au 2. 7 300 810

6 cultivated land occupation tax au 33. 1 400 13240

7 temporary land occupation mu 24.9 1000 24900

8 Subtotal RMB yuan 435050

I bldg demolition and others

1 brick concrete bldg au 3621 250 905250

2 brick wooden bldg *9 4099 200 819800

3 earthen wooden bldg *2 2066 150 309900

4 simple house m2 406 100 40600

5 tomb no. 17 300 5100

6 big Longyan & Litchi trees head 10 1500 15000

7 medium Longyan & Litchi trees head 80 400 32000

8 small Longyan & Litchi trees head 180 10 1800

9 other fruits head 410 60 24600

10 banana tree crowd 240 10 2400

11 Subtotal RYB yuan 2156450

.39.

Table 4-1 Calculation of Compensation for Resettlement

(Continued)

no item unit quantity unit price amount(RMB yuan) (RMB yuan)

N major infrastructure

1 power line 1OOO 14.3 110000 1573000

2 broadcasting line 1000- 3. 7 4000 14800

3 transformer pcs 7 3000 21000

4 underground cable 1000l 18.8 25000 470000

5 Subtotal 2078800

IV removal of enterprises RMB yuan

V indirect loss caused by RMB yuan 29200removal of houses

1 cost of removal RMB yuan 68 200 13600

2 transition cost RUB yuan 52 300 15600

*VI building rehabilitation cost RMB yuan 30000

VI Total of Items I -VI RMB yuan I 4729500

I overhead for resettlenent RMB yuan 3% ofj -V 141885

ff RAP preparation & monitoring RMB yuan 2% ofI -NJ 94590

X incidentals for engineering RUB yuan l0%of I-VI 472950

11 incidentals for price RMB yuan l0%of I -f 472950

Total RMB yuan 5911875

average per km RMB yuan| 41.73 141674

.40.

4.3 Administration fee

The organizations in charge of resettlement and restoration

will draw 3% of the total amount of compensation for their

administration areas as administration fee. The other governments

at various levels are not allowed to draw any administration fee.

4.4 Incidentals

The estimated total cost for execution of the RAP includes the

incidentals for engineering works and price. The total project

budget includes the unexpected allowance (10%) during execution of

the project.

(1) Incidentals for engineering

The included incidentals for engineering is to cover any

variation of the original design and other unexpected conditions

during the execution of the RAP.The incidentals for engineering in

the budget represent 10% of the total cost of land acquisition and

resettlement.

(2) Incidentals for price (inflation)

The estimated cost in the RAP was based on the price of 1998,

which is calculated according to the inflation rate of 1998.

Correspondingly the compensation criteria for the affected

population should be determined according to the inflation rate of

1998. In the resettlement agreements signed with the affected

persons, the inflation subsidy and compensation criteria should be

included.

4.5 Other costs

Other costs represent 2% of the total amount of compensation.

(1) Internal monitoring: This fee is to cover the cost of

monitoring of the land acquisition and resettlement and the cost

of the internal monitoring;

(2) the funds for preparation of the RAP.

.41.

Chapter Five Resettlement and Restoration Plan

5.1 Demolition and reconstruction of buildings

(1) Demolition and reconstruction of private buildings

The survey, which conducted by the resettlement offices a

various levels, village committees and the design institute, shows

that there are in total 5340m2 of private buildings needs to be

demolished along the project. These, private buildings will be

demolished and reconstructed according to the schedule as stated

in Table 5-1.

Table 5-1 Schedule of Demolition and Reconstruction of

Private Buildings

no activities schedule

1 consult for choosing sites for bldg reconstruction 1998.11-1999.3

2 decide on the sites for bldg reconstruction 1999.3-1999.4

3 give out notice on demolition 1999.4

4 distribute compensation for bldg demolition 1999.5

5 construct new buildings in new sites 1999. 5-1999.8

6 demolish old buildings 1999. 8-1999. 9

7 hand over the project construction site 1939. 9

Demolition of old private buildings and reconstruction of new

buildings will be implemented according to the following

stipulations:

k Compensation

(D The amount of compensation for demolition of private

buildings will be equivalent to their reconstrt - -.n cost, no

reduction and depreciation;

(2 The old or waste materials in o12 'u-iildings belong to the

immigrants. The immigrants might use these- erials in construct-

ion of the new building. In this case. no i will be made

from the compensation to the i

.42.

0 Compensation for demolition of buildings should be paid to

the immigrants before the new buildings are constructed. If the

compensation is paid by instalments, the last sum of compensation

should be paid before the new buildings are completed.

B. Schedule

) At least 3 months will be given for the people (households)

whose buildings are demolished to choose the sites for construct-

ion of new buildings,and 4 months to construct new buildings;

(D The sites for new buildings should be chosen by combining

the village/town planning with construction of new residential

quarters.One month will be given for full consultation between the

town-level resettlement office and village committee and the

people (households) whose buildings are demolished.The wish of the

immigrants (households) not to be resettled far from their

hometown will be taken into full consideration. The resettle-ment

plan will be decided to their wish. The site will be chosen in the

nearest area in the same village, with high terrain, sufficient

--.shine, water and power supply and much convenience in outgoing

and production activities. The above resettlement measures all are

complying with the resettlement policies for the project. These

measured will be carried out according to the guidelines of the WB.

The modes of compensation and resettlement will be consulted about

with the affected. The measures will not be implemented until they

have satisfied the affected and approved by the resettlement

offices at various levels and competent authorities.

The way of resettlement that new residential quarters are

uniformly planned and built on the basis of a town and village, has

been tried both on the Quanzhou-Xiamen Expressway project and

Fuzhou-Quanzhou Expressway project. The PRO, CIRO and CORO have

conducted a survey on the resettled and found out that all the

resettled are content with this way of resettlement Its advantages

include: 1)In the new residential quarters there is a complete set

of public facilities, eg water, electricity, road, telecommunications,

planting, etc. ; 2)There are convenient service facilities, eg

groceries, schools, hospitals, public toilets, etc. ; 3) People from a

same place living together wiU help them to exchange ideas and

.43.

carry out folk amusement activities. This way of resettlement

complies with China's policies and characteristics as well as the

WB's resettlement principle. The PRO, CIRO and CORO have expressed

their support.

® Full discussion and consultation on the time and conditions

for demolition of old buildings and construction of new ones will

be done with the immigrants.4 months will be given for construct-

ion of new buildings and 1 month for removal and demolition of old

ones;

® The seasonal factor will be considered in the time

arrangement at the town and village meetings with the affected.

When necessary, the time for demolition and reconstruction can be

extended.

C. Public consultation

The mode and sites for resettlement and the amount of

compensation will be agreed on and executed after full consult-

ation with the immigrants.

() Compensation and Restoration of the buildings will be

consulted about with the affected and their representatives;

(D Consultation meetings wil be held in villages with the

participation by the affected and their representatives, who will

give their viewpoints and comments on the compensation and

restoration plan;

®D The immigrants will be told clearly that their participat-

ion will influence the compensation they will get in the future

and the reconstruction work;

(3 The feedbacks from the immigrants and the consultation

results are as foUows:

a. No substantial objection to the general plan for building

demolition has been raised;

b. About the principle of 'first construct new buildings and

then demolish old ones",98% of the immigrants think that if the

compensation is paid according to the same criteria and

transitional residence is arranged, it is better to demolish first

and then construct,because in this way materials in the old build-

ings can be taken full use and waste can be avoided;

.44.

® The immigrants regarded the first plan as practical and

having taken into account the special difficulties of the fragile

community;

® The following options on the sites and locations for

resettlement have been provided to the immigrants:

a. close to their original residence with the original floor

space;

b. a little far from their original residence with a little

larger floor space than before;

c. in new areas with water and power supply and convenient

traffic conditions which involves more foundation work.

The immigrants hold the following opinions on choosing

reconstruction sites:

a. The reconstruction sites should be close to their original

residence with water and power supply and convenient traffic

conditions;

b. The floor space of new buildings should be approximately

expanded;

c. It is better to involve as little foundation work as

possible so as to reduce the reconstruction cost and save the

expenditure for the project.

The polls show that:72% of the immigrants favor the first

choice,87% the second choice and 15% the third choice.

() Compensation for demolished houses

According to relevant regulations, damaged assets shall be

compensated for at their whole -rehabilitation cost. The

compensation is tax-free and not lower than stipulated in Chaper

Three. Service angencies at the county and town levels have no

right to alter the compensation scale and coefficient and

interests of the resettled.

D. Conditions and service

(D The immigrants reside in their present buildings before the

new ones are completed. They will not be forced to move out before

the time specified in the foregoing timetable;

(C) The resettlement offices at various levels should take

effective measures to take care of the immigrants with special

.45.

difficulties (the old,weak,sick,disabled and woman-head families).

The towns and villages should organize the labor force to help the

fragile community construct new houses and move out so that they

can happily move in new houses.For detalis,see Table 5-2.

Table 5-2 Assistance to Special Families in Construction

of New Houses

no type of fazily executive unit assistance

A B C

1 poor families village committee send labor force to help& production groups demolish,construct and move in

2 woman-head families village comittee & send labor force to helpproduction groups demolish,construct and nove in

3 the old,weak-head families village comnittee & send labor force to helpproduction -groups demolish,construct and move in

4 the disabled's families village comittee & send labor force to helpproduction groups demolish,construct and move in

(j) The subsidy for ground leveling and water and power supply

service and access to the resettling place will be distributed

directly to the village committee or individual. The village

committee or individual will be responsible for the specified work

but the expense will be borne by the employer;

(19 The town-level government should be responsible for

obtaining the land for reconstruction and go through the

procedures for house building.The relevant land and building taxes

are exempt or paid by the developer.

(2) Demolition and reconstruction of public buildings

This road project involves demolition of 13 public buildings

with a total floor space of 4852m2 . The public buildings should be

demolished and reconstructed in the following principles:

(1) The compensation should be calculated according to their

rehabilitation cost and paid to the moving out units as a lumpsum;

(1) The immigrants should demolish and reconstruct the

buildings themselves.First construct and then demolish;

0 The compensation for the loss caused by relocation of the

public buildings and enterprise dormitories should be consulted

about between the CORO, TROs and immigrants. Agreements should be

.46.

signed;

5.2 Rehabilitation of infrastructure

The infrastructure affected by the road project includes

mainly the power, telecommunications and broad-casting facilities,

county roads and irrigation channels.

(1) The affected power, telecommunications and broadcasting

lines and transformers will be elevated, buried or removed for

restoration. The survey shows that this project involves relocation

of 14300m power lines and 178 power poles,3700m broadcasting lines

and 223 poles,18800m underground cables and 14 transformers.

(2) There are in total 38.7km roads affected by the project,

including 2.6km ex-class highways and 237m channels. On how to

restore the affected highways, village roads, farming paths and

irrigation channels, the local cadres and other people were

consulted during the design survey. Their opinions will be fully

considered in the engineering design. The construction will be

carried out as requested in the design.These affected objects will

be improved and priority will be given for their rehabilitation.

Efforts will be made to rebuild the damaged infrastruction before

the effect comes out. At the same time, some necessary tentative

measures will be taken during the construction to assure their

normal use by the villagers, such as to build temporary access

roads and access bridges. Rehabilitation of infrastructure can be

carried out by the contructors or by the resettled himself after

he has got the compensation.

The affected infrastructure on this project includes power,

telecommunications and broadcasting lines. The work units

responsible for rehabilitation of such infrastructure are the

power supply bureau, posts and telecommunications and broadcasting

bureaus of Hua'an County.

.47.

Table 5-3 Summary of the Agreement on Rehabilitation andImprovement of Infrastructure

no affected infrastructure project developer- owner request- agreed priceproposed price ed price (R.B yuan)(RNB yuan) (RMB yuan)

1 power lines (k1) 100000 120000 110000

2 underground cables (km) 20000 30000 25000

3 telecom lines (km) 22000 27000 25000

4 broadcasting lines (km) 3800 4200 4000

5 transformer (pcs) 2800 3200 3000

5.3 Compensation for damaged ground objects on taken-over land

The amount of compensation for other ground objects on thetaken-over land will be equivalent to their restoration cost based

on their actual value. The owners should be responsible for their

removal and restoration. The compensation fee will be paid as a

lump sum to the owners. The difference between the value beforeland acquisition and that after land acquisition will be

subsidized for.

5 4 Resettlement of the vunerable groupsThe resettlement offices and local governments will take the

following special measures to help the affected old. weak, sick anddisabled and women-head families get resettled:

(1) They are given priority to choose new cultivated land and

resettlement sites to bring convenience to their future life and

production activities;

(2) The town-level resettlement office and village committee

will help them remove and construct new houses;

(3) Proper grant-in-aid or subsidy in kind will be given to

them according to their different financial conditions to

guarantee their basic life;

(4) More preferential treatment concerning exemption of tax,

eduction of children and subsidy from the civil administration

organs should be offered to them.

5.5 Employment for resettlement

This road project needs to take over for use 33.1 mu

cultivated land influencing 267 households with a total population

of 1330 (including 574 laborers) . The affected labor force will beresettled in their nearby areas in agriculture so that they can

.48.

live in peace and contentment.

According to Article 28 of the Land Administration Law of the

People's Republic of China, the number of agricultural population

to be resettled because of land acquisition for national

construction should be calculated by the total quantity of taken-

over cultivated land divided by the average per-capita cultivated

land occupation of the land loser before the land acquisition,

which is shown in the following formula:

ALA ALA

RP= RL=

LABR/TAP LABR/TL

Notes: RP - resettled population (person)

RL - resettled laborer (person)

ALA - acquired land area (mu)

LABR- land area before resettlement (mu)

TAP - total agricultural population (person)

TL - total laborers (person)

From the above formula we can get the average per-capita

cultivated land occupation and the average per-laborer cultivated

land occupation before resettlement both for the town and village.

Then we get the average per-capita land area and the average per-

laborer land area after resettlement for the village. If the

average per-capita land area and the average per-laborer land area

for the village are higher than those for the town, the way of land

readjustment will be taken for resettlement; on the contrary, the

way of changing agricultural to non-agricultural population will

be taken. To resettle the excess labor force in enterprises will

gain prior permission of the managers, so that the production

activities of the enterprises will not be affected. The project

owner will be responsible for continuous jobs for the surplus

labor force within 5 years after resettlement. The road project

needs to resettle a population of 34 including 14 laborers. For

information about resettled and land adjustment affected

population, refer to Table 5-4 and Table 5-5.

.49.

Table 5-5 Population and Labor Force Affected by Land

Re-Allocation

location no. of land to population labor forcevillages be ad- to be to be

no county town affected justed affected affected(mu) (person) (person)

1 Fengshan 1 37 34 16Hua' anCounty Shajian 6 25 315 173

Xinxu 6 13 188 101

Huafeng 1 2 112 56

total 14 43 649 346

Table 5-5 Population and Laborers to be Resettled

total total Cultivated opulation to agriculturalagri- cultiva- land be resettled resettlementcultural total ted land occupation (person) (person)

location populat- laborers area (mu)ion (person) (mu)(person) populat. laborer populat. laborer

4 villages in 20648 9047 18094 1.6 2 1 2 1Fengshan Town

6 villages in 22990 10751 32451 20.6 21 8 21 8Shajian Town

6 villages in 13824 5679 16673 9.8 10 4 10 4'~-xu Town

1 village in 22925 6301 12132 1.1 1 1 1 1Huafeng Town

total J 80387 31778 79350 33.1 34 14 34 14

5.6 Resettlement for land acquisition

The affected will be resettled mainly in agriculture and

partly in enterprises and aquiculture:

(1) Land adjustment

Every physically strong villager between 20 and 50 has the

right to be assigned a equal share of land: (13duty-bound plot; (1)

private plot. The village and production groups should fulfill this

task. The practice is:

A. Where the per-capita land area for the village is higher

that for the whole town, the land remaining after the land

acquisition should be taken into full consideration and readjusted

according to the number of agricultural population and

distribution of labor force in that village.

.50.

(2) Resettlement by agricultural means

(D take use of the shallow sea and shoals to develop the

aquiculture breeding shellfish, cultivating kelp and laver and

raising fishes in netting boxes;

(1) take measures suited local conditions to develop inshore

and deep-sea fishing and aquatic products depth-processing

industry; and

() explore the barren hills and wasteland to grow tropical

fruit trees and high-value economical crops.

For the farmer households who have regained the land

managerial authority,the village committee should complete all the

land contracting procedures to ensure the land managerial

authority is legal.

Part of the land allowance should be spent on agricultural

investment to ensure agricultural production develop healthily,

continuously and steadily. The living standards of the affected

should be maintained and gradually improved by increasing the

yield per unit land area.

Detailed investment program:

(D fully exploit potentialities of the land resources,

popularize scientific farming and introduce superior assortments

of crops, developing high-yield advanced agriculture.For instance,

popularize interplanting rice and beans and introduce such

advanced farming technologies as transplanting rice seedlings by

casting to increase the yield per unit land area and then the

farmers' income;

(D intensify the construction of irrigation infrastructure,

improving the agricultural irrigation, flood control and drought

resisting capabilities and bettering the conditions for agri-.

cultural production to ensure the stable and high yield of crops;

(3) adjust and improve the structure of agricultural industry,

take measures suited local conditions to develop different

.51.

managerial systems, develop the second and third industries by

different means, take the way of developing composite three-

dimensional agriculture and gradually realize the change from the

traditional to advanced agriculture;

(3 improve the agricultural adn rural socialized service

systems, develop the ecological agriculture with biological

technologies, develop a complete service network in such fields as

science and technologies, information, processing, storage and

circulation which are compliant with the large-scale agriculture,

and try hard to deepen the agricultural socialization and

merchandisation.

(3) During temporary land occupation:

A. The surface soil should be retained until it is replaced

after the occupation;

B. Damaged ground objects should be compensated for at their

rehabilitation costs;

C. The amount of compensation for acquired land. should be

equal to the output value of the land prior to the acquisition;

(4) Monitoring of the use of subsidy

Part of the resettlement allowance is directly given to the

resettled and the rest is to be spent on developing agricultural

production for the collective and resettling the excess labor force.

Thus, the CIRO,CORO and independent monitoring organization should

exercise effective monitoring on their use.

() Mode of monitoring and control

Conduct investigations in towns and villages and interview the

village head and production group leader and the masses to learn

about the release and use of resettlement funds;

Check the account for capital assignments in the county (city)

and town-level resettlement offices and village committees to see

how the investment program is executed;

Correct any problems as soos as they occur.

.52.

) Frequency of monitoring and control

Conduct a monitoring every 2 months.

Responses of the village to the supervision:

The village committees will accept the supervision by the

higher resettlement offices. Meanwhile the committees will provide

the information on how the land and resettlement allowances are

used to develop agricultural production and resettle the excess

labor force. The CIRO is free to check the account of the county

and town-level resettlement offices and village committees on

capital assignments and to see how the investment program is

executed. The resettlement offices are allow-ed to supervise and

check their lower offices on the use of the allowances. The

supervision and auditing authorities at various levels can conduct

any unexpected inspection on the subject. During the execution,the

lower resettlement offices, especially the village committees

should report the information relating to the use of allowances to

the provincial resettlement office by levels. The resettlement

offices at various levels and governmental functional departments

should conduct uninterrupted monitoring and verify the work

progress to ensure the allowances be used in the most effect-ive

way, all the affected be benefited and the living standards of the

affected be improved.

.53.

5.7 Schedule of resettlement activities

Table 6-6

no activities time (year m monthi)1997 1998 1999 2000 2001

7 12 2 4 5 8 9 12 I1 2 3 5 J 6 1 8 10 I 1 12 1 4 8 12 1 4 8 12

set up,municipall and county leading groups

. resettlement offices

2 resettlement survey Adetermine the loss

3 collect and analyze data _summarize project influnciee

consult with local goveri. ,.4 the affected units and vei-_

tures on method of resettle. _ I I I6 prepare RAP

consult with affected people6 ,units

7 apply for and obtain laud-use permit

8 sign resettle. contractswith land bureao & ventilres

9 apply for and obtalin Iilat__use permit

CIRO gives resettle. subsidy10 to CORO-CORO to TRO and

affected units and populat-ion

64.

Table 5-6

no activities time (year & motiil)

1997 1998 1999 2000 2001

7 12 2 4 5 8 9 12 1 2 3 5 6 8 10 11 12 1 4 8 12 1 4 8 12

11 distribute subsidy

12 start to demolish old bldgs& build some new bldgs

13 start to remove and resIoreiiifrrastructure

14 complete construction ofbldgs,ventures & other faci.

15 resettle some of affectedlabor force and train then

16 readjust land in countryside

17 demolish part of old houses

18 provide technical aid todevelop agriculture

19 build civil works

.56

5.8 Schedule of release of resettlement funds

Table 5-7 Timetable for Release of Resettlement Funds

no item time of time ofIst release 2nd release

1 Zhangzhou CIRO releases funds to CORO Apr. 1999 Jul. 1999

2 CORO releases funds to TROs Apr. 1999 Jul. 1999

3 TRO releases funds to village committees Apr. 1999 Jul. 1999

4 village releases funds to the affected Apr. 1999 Jul. 1999

5.9 Resettlement

In order to let all the affected and their representatives as

well as local governments fully understand all details about the

resettlement and know the relevant regulations about compensation

and restoration, the CIRO will prepare a resettlement information

handbook and distribute it to the affected families before the

resettlement funds are released to the county-level resettlement

office.The affected can ask the TRO for the RAP.

The resettlement handbook includes the following information:

First part, basic features of the affected and relevant

policies about compensation and restoration;

Second part,rights of the affected.

The resettlement information handbook will be distributed to

every affected family before April 1999.

More details about the handbook:

*introduction to the project;

*influence caused by the project;

*policies on resettlement and restoration for different kinds

of impacts;

* organization in charge of resettlement;

* timetable for execution of the contracts and link of civil

works in work progress;

*channel of participation by the affected;

*detailed procedures to express discontents and lodge appeals;

.66.

Chapter Six Organization

6.1 Establishment of Organization

Fujian Provincial Expressway Construction Directorate Office

(FPECDO)has fully authorized the Land Acquisition and Resettlement

Office for the Zhangzhou-Zhao'an Expressway Project of Fujian

Province to plan, coordinate and execute the activities concerning

the land acquisition and resettlement for the said project. To be

more specific, the provincial resettlement office is responsible

for coordination of all resettlement activities concerning the

project; the specific work about land acquisition and resettlement

will be carried out by the land administration authorities and

land acquisition and resettlement offices of Hua'an County and the

various towns.

The following organizations shall plan, coordinate and monitor

the activities concerning land acquisition and resettlement for

the project:

* Hua'an County Road Construction Directorate Office;

*'The Provincial Land Acquisition and Resettlement Office;

.Survey and Design Organizations;

* The Land Acquisition and Resettlement Offices at municipal,

county and town levels;

* Land Administration Authorities at municipal,county and town

levels;

* Village Resettlement Groups; and

* Independent Supervision Organization-Fujian Provincial

Social Science Institute.

6.2 Duties

(1) The CIRO

* to receive the social survey data collected by the survey

and design organizations and keep them as the criteria for

supervision;

* to collect and verify the information provided by the county

-level land acquisition and resettlement offices;

* to trahn the members of the county and town-level land

.57.

acquisition and resettlement offices;

*to sign the execution contracts with the provicial and

county-level offices;

*to assign to the county-level land 'acquisition and

resettlement offices the capital from the provincial office;

* to direct and coordinate the resettlement work of Hua'an

County;

(3) The county-level land acquisition and resettlement offices

As the key organization for the resettlement work, the county-

level land acquisition and resettlement offices are responsible

for supervising the execution of the resettlement. They are

equipped with members with high qualifications who are capable of

managing the survey data.At the peak time of the resettlement work,

they are able to mobilize more personnnel from the departments

concerned. They shall be equipped with computers for population

statistics. Their members should be trained on how to input and

keep the data of land acquisition and resettlement.The information

they provided to the municipal and provincial offices shall be

regarded as the basis for internal supervision of the land

acquisition and resettlement work At the same time, the CORO will

establish an independent bank account for the timely allocation of

resettlement subsidy.

The county-level offices shall carry out the following duties:

* to prepare the action plans for the respective counties

according to the data provided by the survey and design organiz-

ations and the policies relating to land acquisition and resettle-

ment;

*to implement the RAP;

* to direct and supervise the town-level offices in their work;

* to apply to the provincial and municipal offices for

transfer of the resettlement funds;

* to assign the resettlement funds to the town-level offices

and supervise their use;

* to train the members of the town-level offices;

* to report to the provincial and municipal offices on the

5S8.

progress of the land acquisition and resettlement.

(4) The town-level land acquisition and resettlement offices

-to check, supervise and record all activities concerning the

land acquisitidn and resettlement within their own jurisdiction;

*to supervision the land acquisition and the removal and

reconstruction of infrastructure,enterprises,ground objects,houses

and other buildings;

*to set up independent bank accounts to ensure timely and

correct release of subsidy;

*to supervise the training and employment of the affected in

township enterprises.

(5) The village committees and production groups

* to report the data concerning the land acquisition,ownership

and utilization right of the land and properties concerned and the

ratio between land occupation and labour force;

-to take part in investigations;

• to choose the site for resettlement;

-to explain about the appealed cases;

• to report the work progress.

(6) The survey and design organizations

* to survey in the resettlement areas and work out the

graphics;

*to determine the influence in details;

*to, in cooperation with the town-level land acquisition and

resettlement offices and village committees, verify and register

the details about the ownership of the land and properties;

*to analyse the data;

* to assist the provincial land acquisition and resettlement

office in managing and using the survey data;

* to train the members of the municipal and county-level land

acquisition and resettlement offices on how to use and keep the

survey data;

* to establish a supervision system on the basis of the survey

to pass the relevant information to the cities and counties

concerned;

59.

* to provide technical assistance in data processing to the

provincial, municipal and county-level resettlement offices and

independent supervision organizations.

(7) The independent supervision organization

As an independent supervisor, the supervision organization

monitors and assesses the various aspects of the plan and

executioin of the land acquisition and resettlement, submitting to

the provincial land acquisition and resettlement office progress

reports on the land acquisition and resettlement.The duties of the

independent supervision organization are detailed in Chapter Four.

6.3 The leading group.for land acquisition and resettlement

Table 6-1

year ofname of work unit establish- location major duties

ment

Zhangzhou Municipal Zhangzhou- direct the Zhangzhou-Zhao'anZhao an Expressway Construction 1998 Zhangzhou Expessway construction and itsLeading Group land acquisition and resettle-

ment within Zhangzhou

Hua'an County Road Construction Hua'an direct the road constructionDirectorate Office 1998 County and its land acquisition and

proper resettlement within Hua'anCounty

6.4 Staffing of the land acquisition and resettlement offices atvarious levels

Table 6-2

resettle- base no. total no. qualification time nore staffment of staff of staff of staff of membersoffice members members existance needed

A B C D E F

CIRO senior,l person 1999. 1- 31 6 8 intermediate, 6 2001. 12

junior,l

CORO intermediate,4 1999.1-2 4 8 junior,4 2001.12 10

T'RO familiar with 1999. 1-3 4 60 land acquisition 2001 12 20

and resettlement

village familiar with 1999 1-4 committee 8 60 land acquisition 2001 12 20

and resettlement

survey and senior,2 persons 1998-5 design ' S intermediate,2 1999

organization ) junior, 1

.60.

6.5 Professional training of the staff of resettlement offices atvarious levels

Table 6-3 Personnel Already Trained and to be Trained

organlization base nun. nun. of staff no. of staff nun. of time andof staff trained by pro- trained inside staff to under-

vincial office /outside Fujian be trained taker

A B C D E F

CIRD1 CIRO 6 5 1 Mar.

Jul. 1999

CORO2 CORO 4 2 2 Apr.,Jun

Aug. 1999

3 TORO 8 4 4

village4 committee 30 10 20

survey and5 design 5 3 2

organization

6.6 Organization chart(1) Organization Chart

Zhangzhou Municipal Zhangzhou-Zhao'anExpressway Construction Directorate Officeand Resettlement Office

I4.

Fujian Provincial Communications Planningand Design Institute

(2) Organization chart for land acquisition and resettlementoffice

Fujian Provincial Laid Acquisition & Resettlement Office underTraffic Planning _ Zhangzhou Municipal Zhangzhou-Zhao'an Expressway&'Design Institute Construction Directorate Office

Resettlement Office ofHua'an County

4

land acquisition and Resettlement LeadingGroups in Villages

.61.

6.7 Organization strengthening and training

In order to better implement the RAP and do a good job in

relation to land acquisition, demolition and reconstruction of

buildings and resettlement, the provincial resettlement office has

prepared the Organization Strengthening and Training Pland and

distributed it to the resettlement offices at municipal,county and

town levels.

(1) staffing of resettlement offices

Over 60% of the staff members of the resettlement offices at

various levels have enjoyed secondary or higher school education.

Most of the staff members have once engaged in land acquisition

and resettlement or relevant jobs, from which they have gained

relatively rich working experience and professional knowledge.

(2) Training

Between 18 and 19 January 1999, the CIRO held a special

training course introducing the policies, laws and regulations and

other base knowledge concerning land acquisition and resettlement,

which was attended by over 30 persons from the CORO, TROs,VROs and

Fujian Provincial Communications Planning and Design Institute. At

the training course the attendants also learned the WB's Guideline

No. D.4.30 for resettlement of immigrants and the way to collect

basic data.

In March 1999 the CORO will sponsor a land acquisition and

resettlement training course for the Land Administration Bureau,

TROs and village heads.

In May 1999 the provincial resettlement office will sponsor a

training course for the computer operators of the CIRO and CORO.

.62.

Chapter Seven Public Participation and Consultation

7.1 Extensive public participation

In order to successfully carry out the land acquisition and

resettlement, the PRO has taken active measures to obtain the

participation by the affected. First, by means of television,

broadcasting, newspaper and magazine and special column, introduce

to the affected individual person and work units information about

the project(eg alignment, location, law, policies, regulations and

compensation criteria concerning resettlement, appealing channel,

WB's OD 4.30 Implementation Guidelines and resettlement plan,etc)

so that the affected can at the stages of the project planning and

implementation forward their suggestions and opinions on the basis

of their full knowledge of the project. Second,gather and sort out

the suggestions and opinions. For different matters, the PRO will

call on departments concerned to carry a good site survey and

study.A final'conclusion will be made in the end.In order that the

the affected can benefit from the project, the affected and the

mases along the expressway have to be aroused to eitensively

participate in the land acquisition and resettlement. The

resettlement offices at various levels should often hold talks

with representatives from broad selections of the people such as

the affected, township enterprises, women, teachers in primary and

middle schools, political commissars and other units concerned, to

consult with them about their opinions on the specific work of the

land acquisition and resettlement. At the same time, pass to them

the relevant information to let them fully understand and know te

policies,laws and regulations and compensation criteria concerning

land acquisition and resettlement.The results of the survey of the

public opinions of the affected and masses along the expressway

will also be shown in the RAP. The masses can ask the TROs for the

RAP.

7.2 To hold regular working meetings on land acquisition and

resettlement

The plans on the compensation criteria for buildings,crops and

other properties, relocation sites and enterprise resettlement

shall be released to the affected.New briefings should be given in

villages, the results of which should be shown in the revised RAP.

Table 7-1 summarizes the opinions and suggestions raised by the

affected on the RAP.

As the project goes on, such news briefings should be continu-

ously given so as to inform the affected of the latest development

of the project and obtain furter opinions and suggestions. The

municipal and county-level governments should also take an active

part in the preparation of resettlement policies.

The affected have long before been informed of the influence

on properties, possible resettlement sites and issues about

transfering people from agriculture to enterprises.At the 1st news

briefing, the affected brought out their attitude towards the

possible plan. They were also informed of their exact rights.

About some technical matters for the project the affected were

consultted.And these matters were decided according to the current

and future needs of the communities.

7.3 Participants' opinions and revision of the RAP

The RAP has been revised according to the opinions raised by

the participants as follows:

.64.

Table 7-1 Participation Opinions of the Affected and

Revision of the RAP

issues participatio sites results ofrevision of RAP

A B C

I compensation criteria for damaged houses Hua'an County coapensation forbrick concrete bldgsbeing raised from

2Wto 909-RMB/m2

2 compensation criteria for loss of crops Hua'an County

3 compensation criteria for loss of properties Hua'an County

4 sites for reresettlement Hua'an County worries about landfor resettlementdisappeared andpractical plan cameout

5 people to be resettled in enterprises Hua'an County

6 miscellaneous

7.4 Participation by the affected

The affected has participated in the resettlement process and

will continue to during the whole period of resettlement..

(1) to choose sites for reconstruction of residents' houses

and relocation of enterprises;

(2) The affected build houses themselves;

(3) The affected judge whether their received compensation is

equal to the restoration cost, and raise their opinions to the

higher authorities;

(4) The qualified of the affected can be chosen to work in the

enterprises they are willing to;

(5) to discuss with the independent supervision organization

the resettlement activities of their interest in the regular

supervision and survey;

(6) With the support of village committees and the affected,

the town-level resettlement offices are responsible for the

.6S.

management and execution of the resettlement.

7.5 Regular public consultation meetings

In order to let the affected to take an active part in the

land acquisition and resettlement,the public consultation meetings

should be open and regularly held in the villages and production

groups along the expressway. The affected can participate freely,

whether they are young or old, men or women.They should be able to

fully express their opinions instead of quietly accepting the

proposals made by the government.

7.6 Way of participation by the affected and the other people

during land acquisition and resettle

(1) to participate in the investigation of the affected land,

buildings and properties;

(2) to attend the talks and negotiate the compensation

criteria;

(3) to choose the sites for house reconstruction household

after household;

(4) Before the different stages of resettlement, talks will be

held in the respe tive villages and production groups to

extensively listen to the opinions, suggestions and requirements.

For the old,weak,sick affected and those with special difficulties,

the resettlement offices should go to their homes for opinions. At

the end, the town-level and village committee should decided the

solutions.

7.7 Public consultation and participation schedule

The public consultation and participation will be done by

stages and scheduled as follows:

.66.

Table 7-2 Schedule of Public Consultation and Participation

public participation & consultation activities participants time

I mobilization conference for investigation for all villagers 1999.02resettlement in villages and production groups

2 survey of social opinions before resettlement all villagers 1999.02in villages and production groups

3 investigation for land acquisition & resettle. the affected 1999.02

4 consultation about cospensation criteria the affected and other 1999.02people, land bureau of -respective towns 1999. 03

5 consultation about infrastruture compensation units with ownship 1999.03

6 talks for resettlement in enterprises affected enterprises 1999. 03

7 to choose sites for reconstruction of demolished the affected 1998. 11-buildings 1999.03

8 to choose sites for reconstruction of public the affected 1998. 11-buildings 1999.03

9 mobilization conference for house reconstruction all villagers 1999.04in villages and production groups

10 survey of opinions about resettlement in the affected & 1999.04villages and production groups other representatives

11 drop-in service for opinions about resettlement fragile c ounities 1999.04

12 land adjustment in villages & production groups all villagers 1999.05

13 mass conference on completion of resettlement all villagers 1999. 12

14 follow-up survey representatives of the 1999.09-affected 2001.08

7.8 Role of independent supervision organization in public

participation and consultation

As the independent supervision organization, Fujian Provincial

Social Science Institute will function as a supervisor from the

beginning to the end of the resettlement. It will send represent-

atives to take part in all public consultation and participation

activities of different stages and the follow-up investigation. It

will take the way of independent interviews to put all the

resettlement activities under its effective supervision. For

details,see Chapter Nine.

67.

I

Chapter Eight Appeals

The land acquisition will no doubt bring influence on the

people and units along the project, especially the owners of the

land and buildings within the boundary of the ROW. In order to

minimize the influence, Special efforts have been made in the RAP

to reduce as much as possible the demolition of buildings and have

the affected benefit from the project. As the RAP was preparation

and will be implemented with the participation of the affected,

opinions of the affected have been adopted and put into practice

on the links concerning the land acquisition resettlement. In

addition, an appealing channel has been established so that the

affected can appeal to the higher authorities when they are not

satisfied with the execution of land acquisition and resettlement.

The appealing channel is simple, accessible and impartial. The

appealing process goes as follows:

Stage One:-

When one has objections to the RAP,he can reflect it orally or

in writing to the village committee or town-level resettlement

office. (For oral appeals, the head of the village committee has to

make written records) The latter should reply in writing or have

it settled within 2 weeks.

Stage Two:

If not satisfied with the reply in Stage One, the affected can

bring it to the county-level resettlement office within one month

of its reception. The latter should make a decision on the appeal

within 2 weeks.

Stage Three

If not satisfied with the reply in Stage Two ,the affected can

bring it to the municipal resettlement office within one month of

its reception The latter should give an answer in writing within 3

weeks.

.68.

Stage Four

If not satisfied with the reply in Stage Three, the affected

can bring it to the provincial resettlement office within one

month of its reception.The latter should given an reply in writing

within 4 weeks.

Stage Five

If not satisfied with the reply in Stage Four either, the

affected can within 15 days of its reception appeal the case to

the local people's court according to the Civil Law. The affected

has the right to appeal on any aspect of the land acquisition and

resettlement as well as the compensation criteria.

Details about the appealing process have been disclosed to the

masses during the public consultation. The resettlement offices at

various levels and village committees will also post the process

in densely populated areas at the time of execution of the RAP.

69.

Chapter Nine Monitoring

During execution of the land acquisition and resettlement,

regular inspections will be carried out on the activities

concerning the land acquisition and resettlement as well as its

restoration,so as to assure the RAP be followed.

Internal monitoring on the resettlement offices will be

exercised by the CIRO so as to assure the schedule and provisions

in the RAP be followed by all authorities concerned. The internal

monitoring aims to keep the resettlement offices functioning well

in the whole process.

Internal monitoring and inspection

The CIRO has established an internal inspection group to

supervise the resettlement activities, emphasizing on carrying out

general investigation on the affected population and its

properties. The CIRO keeps the relevant database which can be used

to, with support of local resettle-ment offices, exercise overall

monitoring and management of the resettlement activities at the

stages for preparation and execution.

The CORO keeps the relevant database too.In the preparation of

the RAP, the staff of the CIRO and CORO will be trained on how to

use such data. These offices will be equipped with necessary

computers to process the data. The RAPs for the various cities and

counties will be prepared on the basis of the database.

9.1 Execution procedure

In the execution, the CORO inputs into the formatted documents

already prepared for internal monitoring the information on

execution of the resettlement collected by the TROs on the basis

of individuals, households and work units. The current working

information will be passed to the CIRO. In this way continuous

monitoring can be done. The CIRO will regularly carry out radomA

inspections on the resettlement work done by TROs and village

.70.

committees, which will cover all towns concerned, and verify the

details in submitted reports.

Forms with the unified format will be used to continuously

display the information flow from villages up to the CIRO as well

as regular monitoring and verification by the CIRO, so as to put

the resettlement offices at all levels under the monitoring system.

9.2 monitoring indexes

* compensation fees for the affected people and work units;

*choosing and distribution of the sites for building

reconstruction;

*reconstruction of private buildings;

*land adjustment for the affected who have lost their land;

, resettlement of excess labour force and work for public

security and health;

* restoration of fragile communities;

* restoration of damaged infrastructure and public buildings;

-restoration of the affected enterprises and employment

rearrangement for the excess labour force in the affected

enterprises;

*progress of the above works;

- consistency between the above works and RAP

* participation and consultation by the affected during the

execution; and

*staffing, training, schedule and working efficiency of local

resettlement offices.

monitoring methods:

* to hold talks in villages and production groups with the

presence of representatives from all sides;and

* to drop in the affected families to investigate, interview

and ask for their opinions, inviting the affected to fill the

monitoring Registration Form.

9.3 Staffing

.71.

The internal monitoring organizations are staffed as follows:

Table 9-1

unit name number of full-time number of staff atstaff members peak time

I Zhangzhou City Resettlement Office 8 13

2 CORO 4 4

3 TROs 8 8

4 village resettlement groups 30 30

5 survey and design organization 5 5

9.4 Objective and Duties

The general responsibilities of the CIRO have been described

in Chapter Six. Here is introduced the monitoring duties of the

CIRO:

- to establish the land acquisition and resettlement offices,

train their staff and investigate the project affected area;

. -to conduct survey and study with the survey and design

organization at the time of preliminary design;

-to train the staff of local

resettlement offices and give directions to the preparation of the

RAP for the county;

to gain information from the CORO when the RAP for the whole

project is prepared;

* to check the consistency of the RAPs between the CIRO and

CORO; and

* to monitor the information concerning the land acquisition

and resettlement;

.72.

Chapter Ten Report

The land acquisition and resettlement for this project is put

under control by the resettlement offices at various levels from

beginning to end. The resettlement offices at the lower level will

regularly report to its higher office on the work progress, which

has formed a complete well-conceived reporting system.

10.1 Internal report

(1) Each resettlement office should appoint a specific person

responsible for its internal monitoring. After the execution of

the RAP commences, each local resettlement office should regularly

once every 2 months submit a filled progress form and prepare a

working report to its higher office.The CIRO and CORO should input

the relevant materials and data in computers, which will be

inspected by the higher authorities. At the end the provincial

resettlement office will sum up the information and report it to

Fujian Provincial Communications Department, which will be

transmitted to the WB.

Execution of the land acquisition and resettlement will start

in May 1999. Each local resettlement offices will submit the filled

forms and reports to its higher office regularly at the end of

July and August 1999.

(2) Contents and format of the form

($ Resettlement Progress form for Hua'an Section of

Zhangzhou-Hua'an Road

.73.

Table 10-1

reporter l closing date I

complete by the end grand totalof this month

item unit designQNTY QNTY %of design QNTY % of design

_ QNTY QVTy

1 capital available RUB 10,000yuan

2 rehabilitation of soprivate buildings /household

3 rehabilitation of kmpower lines

4 rehabilitation of tele- kmcomunications cables

5 move in new residence household

6 demolition of oldbuildings /household

7 land acquisition nu

8 land adjustment *u/househ.

9 resettlement of personenterprises

10 care about the vunerable household

Reporter: (seal) Filled by: Person in charge: Date:

.74.

29 Statistical form for the use of resettlement funds forHua'an Section of Zhangzhou-Hua'an Road

Table 10-2

design actual

item unit - remarksQNTY fund (RIB QNTY fund (RIB

10,000 yuan) 10,000 yuan)

1 land acquisition au

2 demolition & recon- astruction of buildings /household

3 removal of power & kmtelecon. infrastructure

4 overhead for land RUB 10,000acquisition yuan

5 incidentals for RMB 10,000engineering work yuan

6 incidentals for the RIB-10,000price yuan

total RIB 10,000yuan

incl:(® fund to develop RIB 10,000the third industry yuan

(4fund to popularize RIB 10,000agricultural techniques yuan

0 fund to compensate for R8B 10,000demolished houses yuan

(D fund to assist the RIB 10,000vunerable group yuan T

Reporter: (seal) Filled by: Person in charge: Date:

(3) Contents and format of the report

* summary of works and land acquisition in the city or county

concerned;

-project management;

(D organization and its staffing;

CZ) measures to strengthen the organization (eg,mobilization of

more personnel and equipment at peak time,etc);

* description of the progress of land acquisition and

resettlement;

(1)building demolition and rehabilitation, compared with the

plan;

Q)restoration of infrastructure,compared with the plan;

75.

Qland acquisition,compared with the plan;

®resettlement of labor force, compared to the plan; What are

the enterprises they are mostly resettled in? How much are their

wages?

(S)numbers of households and persons of the fragile community;

Are they satisfied with the resettlement?What is the special care?

* capital management:capital availability,expenditure,existing

problems,etc;

*conditions for land acquisition: social support, existing

problems,measures,methods and proposals to solve the problems,etc;

appeal and its description;

* conclusion.

10.2 Report from the CIRO

As the organization in charge of the land acquisition and

resettlement for the project of Hua'an Section of Zhangzhou-Hua'an

Road, the CIRO should regularly submit reports to Fujian

Provincial Expressway Construction Directorate Office on the

overall information about the land acquisition and resettlement,

which will be transmitted td'the WB by the latter.

(1) Contents and format of the report

* description of the project of Hua'an Section of Zhangzhou-

Hua'an Road;

* building demolition and reconstruction: comparison between

the planned and actual progress,models,existing problems and their

solutions;

* removal of infrastructure: comparison between the actual and

planned progress;

* land acquisition: comparison between the actual and planned

progress;

* resettlement of labor force: comparison between the actual

and planned progress;

76.

*number of households and people of the vunerable group,

special care for them, status quo,satisfaction or dissatisfaction,

etc;

*capital management: assignment of the funds, expenditure,

existing problems;

* conditions for land acquisition and resettlement:description

of the land acquisition and resettlement along the alignment,

social support,existing problems and their solutiops,appeals,etc;

*conclusion;

*appendices.

(2) Time for report

Implementation of the land acquisition and resettlement for

Hua'an Section of Zhangzhou-Hua'an Road will be started in May

1999. The CIRO will submit 2 reports to Fujian Provincial

Expressway Construction Directorate Office, one at the end of June

1999 and the other at the end of September 1999. The reports will

then be transmitted to the WB by the FPECDO. After completion of

the resettlement work, the WB should be informed of the internal

monitoring on settlement of the remaining issues not later than

January 31 each year until the end of the project.

.77.

Chapter Eleven Summary of Responsibities for ResettlementCompensation

affected object owner compensation executive detailed rightsunit

land collective l.agricultural CIRO; CORO releases subsidy to TRO:TROresettlement CORO; to VRO:compensation; TRO. village comittee adjust2. compensation village land & priority willfor employment be given to the old,weak,sick,in enterprises disabled & women-head single

-parent families to have closest& fertile land;2.with the fee tobetter rice,plant economiccrops,huild irrigation works; 3.to resettle some land loser inpromising township enterpriseswith good economic returns.

agricultural collective restoration CIRO; CIRO releases subsidy to CORO;facilities / cost CORO; CORO to TRO;TRO to the

individual TRO. collective or VRO;VRO to individuals.

individual l.provide land CIRO; CORO releases subsidy towith previous CORO; to TRO and VRO;VRO assigns

private area; TRO. to demolished bldg owners &buildings 2. compensation choose reconstruct. sites;for

for restorat- the old,weak,sick,disabled andion cost woman-head single-parent family,

village comittee will organizelabourers help then remove andrebuild their houses.

infrastructure 1. owner; l restoration CIRO, CORO assigns the fee to TRO;2. loEa cost; CORO; TRO rebuilds public facility;competent 2. restoration TRO. for private infrastruture. theauthority to original fee to VRO;VRO to individuals.

structure

indirect owner of restoration CIRO; CORO signs agreement with TROimpact affected cost CORO; & pays repair/rehabilitation

property TRO. costs:for private properties.TRO assigns the fee to VRO;VROto individuals;

temporary land affected l compensation CIRO; CORO assigns the fee for greenoccupation village, for green rice CORO; rice to TRO;TRO to VRO;VRO

production TRO. to individual;group or 2.recultivat- recultivation fee is to be paidindividual ion cost to the collective.

Notes: CIRO refers to the City Resettlement Office, the CORO

means the County Resettlement Office, TRO means the town

resettlement office and VRO means the village resettlement office.

78.

Appendix 2-1 Information about Land Acquisitionu,i t: au

Place Plough Non-plough Interim Laid Total

Paddy Dry Garden Hilly Waste Buildyng Noni-No County Town Village lotil Pond TotatlOthers Total Ploughi

Field Land Plot area Land Land plough area

A B C U E F C I I K L M N 0 P Q

I liua'an Fengshan Yintan 1.6 1.6 _.1 4.7 _ 0.4 1.2 1.2 7.9

2 subtotal 1.6 1.6 5. 1 4.7 0.4 1.2 1.2 7.9

3 Talkou a farn 2.9 2.9 6.3 S.1 1.2 1.3 1.3 10.5

4 subtotal 2.9 2.9 1 6.3 5.1 t1.2 1.3 1.3 10.5

6 Shajian Jiansel 6.9 6.9 _ 3.2 2.1 1.1 1.2 1.2 11.3

6 Shajian 4.8 4.8 4.6 4.6 1.1 1. 10.5

7 Dakeng 2.8 2.8 9.9 8.9 1.0 1.5 1.5 14.2

8 _ Xiazliang 2.5 2.65 .2 4.4 0.8 0.7 0.7 8.49 subtotal 17.0 17.0 22.9 20.0 2.9 4.5 4.5 44.4

.79.

Appendix 2-1 Information about Land Acquisitionuil t: mu

Place Plough Non-plough Interim Lauid Total

Paddy Dry Garden Hilly Waste Buildyng Non-No County Town Village Total F'ondt Total Others Total Plough

Field L.andl Plot alrea Land Land plough area

A B C D E ( G II I J K L M N 0 P Q

10 Lishul a farm O.7 0.7 15.1 13.7 1.4 2.3 2.3 18.1

11 subtotal 16. 1 13. 7 1.4 2.3 2.3 18. 1

12 Xinxu Gaozhai 0.3 0.3 8.0 8.0 1.7 1.7 9.0

13 Yuslian 0.8 0.8 7.3 7.3 1.5 1.5 9.6

14 Xinlu 2.1 2.1 6.2 5.6 0.6 1.2 1.2 9.5

15 Tiaiigonig 3.9 3.9 18.5 17.2 1.3 2.5 2.5 24.9

16 lluangzao 0.3 0.3 5. 1 2.4 2. 7 0.5 0.5 5.9

17 Xilixtu 1. 7 1. 7 33.9 25.1 8.8 6 5 40.6

18 subtotal 9.1 9. 1 79.0 65.6 13.4 12.4 12.4 100.5

19 Huafeng Xiaban 1.8 1.8 6.0 5.6 0.4 3.2 3.2 11.0

20 subtotal 1. 8 1.8 6.0 5.6 0.4 3.2 3.2 11.0

21 Total of Hua'an County 33.1 33.1 134.4 114.7 20.7 24.9 24.9 192.4

80.

Appendix 2-2 Summary of Affected Existing Buildings

Building Itivestigation Total

BuildingBrick -andPlace Brrick and Timlier Farth and Timber Simple Building Total Land include

Concrete YardNo__

_ _County Town Village 2 nuN. mI ". _ nun. a nun. num. muA B C D E F G J I K L M N

I lIua'an Fengshan Yintan 72 1 .82 1 154 2 0.32 subtotal 72 1 82 1 154 23 Shajian Jianaei 82 2 76 1 78 1 76 1 312 5 0.74 Shajian_

5 Dakeng 64 1 10 1 74 2 0.26 Xiazliarig 41 1 31 i 24 2 96 4 0.27 subtotal 123 3 107 2 142 2 110 4 482 11 1.18 Xlnxu Gaozhai 64 1 206 2 270 3 0.69 Yusball 78 1 56 1 134 2 0.310 Xialu_ 66 1 66 1 0.1

.81.

Appendix 2-2 Summary of Affected Existing Buildings

Building liivestigation Total

BuildingBrick and

Place Brick and Timber- Farth niid Timber Simple Building Total Land include

Concrete YardHo _ - _____

County Town Village in l nuti. am HiM, mu num. ix num. Oa nun. mu

A B C U E p C II I J K L N

11 Tiangong 107 1 215 4 322 5 0.7

12 Huangzao 247 2 540 4 424 2 1211 8 2.7

13 Xinxu 484 3 1072 9 851 5 2407 17 5.0

14 subtotal 731 5 1676 14 1732 12 271 5 4410 36 9.4

15 Huafeng Xiaban 54 I 105 I 11() 1 25 1 294 4 0.8

16 subtotal 54 1 105 1 110 1 25 1 294 4 0.8

17 Total of Ilua' an County g08 9 1960 18 2066 16 406 10 5340 53 11.6

.82.

Appendix 2-3 Summary of Affected Existing Public Buildings

Building Investigation total nun.land ofoccup- people

Brick anid ation affectPlace Btick mni Timber Earth and Timber Simple Building Total -ed

ConcreteNo

County Town Village us nu. .3 mim. . nun. .s nue. _ num. mu

A B C D e 6 I J K L M N O

I Hua' an Fengshnn Yin1Hi 1 13 I 113 1 0.2 2

2 subtotal 113 1 113 1 0.2 2

3 Taikou a fal. :320 2 540 2 860 4 1. 3 17

4 subtotal 320 2 540 2 860 4 1. 3 17

6 Shajian Jianmei 116 1 116 1 0.2 3

6 Shajiaii 175 175 1 0.3 2

7 Dakeng

8 XI azinng

9 sulbtolal 291 2 291 2 0. 5 5

10 Lishul a fnll 230 520 2 750 3 1. 7 35

.83.

Appendix 2-3 Summary of Affected Existing Public Buildings

Ilili Iding Ilivest Igation total Run.lanid ofoccIup- people

BIuick ain( ation affectPlace Brick amu Timber Emi0il mid Timber Simple Building Total -ed

ConcreteNo

County Town Village on nun. no nue. Sz nun. m nun. m* nun. mu

A B C D E P G 1I I J K L M N 0

11 subtotal 230 1 520 2 750 3 1.7 35

12 Xinxu Gaozhai

13 Yushan

14 Xialu

15 Tiangong

16 Huangzao 407 2 96 1 503 3 1.1 7

17 Xinxu 734 3 323 2 1057 5 2.0 8

18 subtotal 1141 5 419 3 1560 8 3.1 15

19 Huafeng Xiaban

20 subtotal

21 Total of Hua'an County 1691 8 1883 10 3574 18 6.8 74

84.

Table 2-4 Summary of Affected Buildings of the Relocated Enterprise

No Building Area And Quantities

county town village nme of omnership brick & concrete brick & timber earth & timber simple houses all buildings living space working space total bidg number of

venture of venture - _ - _ _ ld affectedarea nos of nectc nos of area nos of area nos of area nos of area nos of area nos of people_ (.2) bldgs (.2) bIldgs (.2) bidgs (2) houses (.2) bidgs (W2) bIdgs (e2) bldgs area (.2)

A _ B C D E P G 11 I J K L N N 0 P Q R S T U

I Hue en Xlnxu Xinxu Hue'en tlydro state- 1022 3 2561 2 1278 5 1278 5 1534 64

eletric Plant owned

2 1-:___ -____ = =__===3

4

6~~~~~~~~~~~~~~~~~~~8

Appendix 2-5 Summary of the People Whose Jobs have been Affected

location agricltiture enltrprise public work agricultural noni-agricul.(beyond venture) total total

no city county town affected affected excess work has excess work has excess PAPS excess sulplusby land by land force been labor been labor affected DiE labor G+l laboracquisit. readJust. rorce arfected force affected force 2nd time force force

A B C l) E P G H I J K L M N O

I Zhang- llua'an I village in 2 32 I 34 1zhou County PengshanCity

2 Taikou Fare 3 -37 2 39 2

3 4 villages 16 172 4 188 4in Shajian

4 Lishul Farm 2 11O 2 112 2

5 6 villages 10 234 4 2.44 4in Xinxu

6 I village ll I 30 1 31 1llunfeng Towni

7 total 34 615 14 649 14 _

.86.

Appendix 2-6 Summary of Affected Infrastructure

no city/ town lengtIt power broadcast- telecom trans- underground canalcounty of rondl line ing line line former cable (e)

(km) (kmi) (km) (km) (pcs) (a)

A B C D E G H G

I Hlua'an Fengshan 2.8 1.1 0.5 1.5 1

2 Taikou 3.0 1.1 1.7 2.6 1

3 Shajian 12.0 4.3 1.5 1. 7 2

4 Lishul 1.2 0.7 1.2Farm

5 Xinxu 17.2 7.1 11.8 3

6 lluafeng 2. 5

7 total 38.7 14.3 3.7 18.8 7

87.

Appendix 2-7 Summary of Temporary Land Acquisition

location temporavy land acquisition time of acquisition

no city County T'own total paddy dI-y water hilly waste- start end totalfield nand(I pond land land

mu so mu mu mu mu month

A B C D E I: G H I J K L

I Zhang- Hua'an I villagezhou County in Fengshall- I 1 1999.8 2001.9 24City

2 Taikou Farm I 1999.8 2001.9 24

3 4 villages 1.2 5 2 1999.8 2001.9 24In ShajIan

4 Lishul Parm 1 1 1999.8 2001.9 24

6 6 villages 6 1.7 1999.8 2001.9 24In Xlisxu

6 1 village 4 1999.8 2001.9 24in Ilafellg

7 total 24.9 1.2 18 5.7 1999.8 2001.9 24

.88.

Appendix 2-8 Summary of The Affected Population

location building demolitiont building demolitlon & demolition of demolition of no. of people Affect.land occupation private buildings public buildings

no county Town village n<o. of no. of no. of no. of no. of no. of no. of no. of no. of no. of by laud by bldgI people houseliol(Is laborers pe(qlIe houselholds laborers people households people houselholds ac(luisition demolitib

A B c I) E 1P G f I J K L M N 0

_ Hua'an Fengshan Yintan II 2 6 4 1 2 2 1 15 6

2 County subtotal 11 2 6 4 1 2 2 1 15 63 Taikou a farn 14 3 7 4 1 2 17 4 18 21

4 subtotal 14 3 7 4 1 2 17 4 18 21

5 Shajian Jiannel 17 3 8 7 2 4 13 2 3 1 1 24 23

6 Shajian Is 4 9 9. 2 5 2 1 27 l?

7 . Dakeng 20 5 tl 10 2 6 30 10

8 Xiazhang 12 3 6 5 1 2 5 1 17 10

9 subtotal 67 15 34 '11 7 17 18 3 5 2 98 54

10 I.ishul A far 26 6 12 1( 2 5 35 3 :36 45It subtotal 26 6 12 10 2 5 35 3 36 45

.89.

Appendix 2-8 Summary of The Affected Population

location building demolition bOilding demolition & demolition of demolition of no. of people Affectlaid occupation private buildings public buildings

no city/ Town village no. of no. of no. of no. of no. of no. of no. of no. of no. of no. of by land by bldgCounty people households laborers people households laborers people households people households acquisition desoliti.

A B C D E E ( ll I J K L M N 0

12 Xinxu Gaozhai 14 3 8 5 1 3 5 1 19 10

13 Yushan 16 3 7 6 1 3 21 6

14 Xiolu 16 4 7 6 1 4 22 6

15 Tiangong 37 8 18 Ih 2 6 52 15

16 Huangzao 7 2 3 3 1 1 4 1 7 3 10 14

17 Xinxu 61 13 27 2 4 it 11 2 72 22 83 10,

18 subtotal 15 33 71 57 9 28 20 4 79 25 207 156

19 Huafeng Xtaban 16 4 8 7 1 2 23 7

20 subtotal 16 4 8 7 1 2 23 7

21 total 284 63 137 113 21 56 38 7 138 35 397 289

9o.

Appendix 2-9 Summary of The Population Affected by Other Factors

locatien WOI in (lltelplises pulil)c i1 non entertises total laborers temporary land occupation other inicts(envirnauental)

no city/ ta,n no. of inO of' Ila of noo f no.of n ofof n of FL no.of no. ofof no.of Io. of no. ofcumty village peoplc 1Kmseholds laborers peepic liwxiseholds laborers people households labxrers people liuseliolds laibrers

A B C 0 E F G 1I I J K L M N 0 P

I Ikia'n I villag 3 1 1In F Sha3am . . . . ._.

Ccamty2 Taikwu Fmau 3 1 1

3 4 villages 13 3 5In SiaJiai _ _ _ _ _ _ _ _ _ _

4 Lishul Fate 2 1 _

6 6 villages 12 3 4in Xinxu

6 1 village 4 1 2limifeng _ __ _ _ _ _

7 tota = =___ = =_____= 37 10 14 =_

.91.

Appendix 2-10 Age and Sex of the Affected People andTheir Household Heads

no age person losing Itousehold head people losing household head labor force fragileland losing culti- buildlngs losing build- losing jobs in community

vated land ings enterprises

sale female male female male female male female male female male female

A B c D E ~ P c H I J K L M

I <11 38 35 28 26 1 1

2 11-16 24 18 17 14

3 16-20 23 27 1 17 20

4 21-25 20 22 5 I 17 14 4

6 26-30 18 16 8 1 13 11 6 1

6 31-35 15 15 16 4 1I 9 13 1

7 36-40 16 ll 13 3 12 10 It 2

8 41-45 8 10 9 2 6 7 8 1

9 46-50 10 12 9 7 8 7 2

10 51-55 7 9 7 1 5 6 5 1

11 56-60 6 10 2 4 7 1 I

12 61-65 6 6 1 3 5 1

13 66-70 4 8 1 3 6 1 2

14 >70 1 3 1 3 2

15 total 195 202 72 12 143 146 55 4 6

.92.