general report on migrant resettlement...

General Report on Migrant Resettlement Plan

Xi’an Urban Comprehensive Transportation

Improvement Project

�The World Bank Evaluating Version

Authorized by Xi’an Development and Reform Committee

Shaanxi Academy of Social Science

2008.04

RP563

V1

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Contents

Purpose of Resettlement Action Plan and Definition of Resettlement Terms ............................ i

1.General ......................................................................................................................................... 1

1.1 Purpose of the project construction...................................................................................... 1

1.2 .Project background............................................................................................................... 2

1.3 Contents of the project........................................................................................................... 4

1.4 Measures to reduce migrants................................................................................................. 6

1.5 Policy Goals of this report ..................................................................................................... 6

2. Analysis on the Affected Object Index by the Project ............................................................ 7

2.1 The affected land .................................................................................................................... 9

2.2 The affected houses for households....................................................................................... 9

2.3 The affected non- household houses ................................................................................... 10

2.4 The affected Enterprises and units ......................................................................................11

2.5 The affected individually-owned business...........................................................................11

2.6 The affected over-ground attachment..................................................................................11

2.7 The affected population ....................................................................................................... 12

2.8 The affected population of minorities................................................................................. 13

2.9 The affected weak group...................................................................................................... 13

3. Law and Policy ......................................................................................................................... 14

3.1. Laws and Regulations of People’s Republic of China ...................................................... 14

3. 2 Regulations and Policy of Shaanxi Province..................................................................... 14

3.3 Regulations and Policy of Xi’an .......................................................................................... 14

3.4 Policy of World Bank ........................................................................................................... 14

3.5 Resettlement Policies on migrations of the Project ........................................................... 15

3.5.1 Policies on compensation for Permanent land acquisition........................................... 15

3.5.2 Principles of migrants resettlement for land acquisition ............................................. 15

3.5.3 Principle on resettlement for rural relocated residents................................................ 16

3.5.4The resettlement principle of demolished and Relocated shops and enterprise ......... 17

3. 5.5 Policy on affected over-ground objects attached to the land ...................................... 17

4 .Compensation standards ......................................................................................................... 18

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4.1Land requisition compensation standards .......................................................................... 18

4.2 Compensation standards for residential housing .............................................................. 19

4.3 Compensation standards for non-residential housing....................................................... 19

4.4 Public facilities and ground fixtures compensation standards......................................... 20

5. Proposals for Migrants’ Work and Life Resuming................................................................ 21

5.1 The resettlement target ........................................................................................................ 21

5.2 The resettlement principles.................................................................................................. 21

5.2.1 Minimization of migrants principle ............................................................................... 21

5.2.2 Equivalent compensation principle................................................................................ 21

5.2.3 Keystone preferential principle...................................................................................... 22

5.3 General Scheme of the Migrants Resettlement.................................................................. 23

5.3.1 The layout of residence rebuilding................................................................................. 24

5.3.2 Production restoration scheme....................................................................................... 25

5.3.3 Organizatio and management of the removal implementation ................................... 26

5.3.4 Training programme ....................................................................................................... 26

5.3.5 The utilization of resettlement fund and security guarantee....................................... 26

5.4 The resettlement scheme of the individually-owned business .......................................... 28

5.5 The resettlement scheme of the enterprises........................................................................ 28

5.6 The removal and rebuiding plan of the special facilities................................................... 28

6.Public Participation and Information Publication................................................................. 29

6.1Public participation modes ................................................................................................... 29

6.2 Process of public participation............................................................................................ 30

7. Appeal........................................................................................................................................ 32

7.1 The appeal-accepting organization ..................................................................................... 33

7.2 Appeal procedure.................................................................................................................. 33

8. Institute Organization and Duties........................................................................................... 35

8.1 Executing organ.................................................................................................................... 35

8.2 Implementing organ............................................................................................................. 35

8.3 Coordination organ .............................................................................................................. 36

8.4 Internal supervision organ .................................................................................................. 36

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8.5 External supervision organ.................................................................................................. 37

9. Plan Implementation................................................................................................................ 38

9.1 Implementing procedure...................................................................................................... 38

9.1.1 Land requisition and compensation............................................................................... 40

9.1.2 Production resetting and restoration............................................................................. 41

9.2 Progress arrangement .......................................................................................................... 42

10. Budget and Source of Funds.................................................................................................. 43

10.1 Estimation of removal and resettlement fees ................................................................... 43

10.2 Source of fund..................................................................................................................... 45

10.3 Fund appropriation............................................................................................................ 45

11. Monitor and Evaluation......................................................................................................... 48

11.1 Inner monitor...................................................................................................................... 48

11.2 Exterior monitor ................................................................................................................. 48

12.Table of Rights and Interests.................................................................................................. 50

APPENDIX:

Migrants Removal Plan on Xi’an Urban Road Network Improvement Project

Migrants Removal Plan on Huxian County Urban Road Network Improvement Project

Migrants Removal Plan on First Stage of Weiyang Palace Han Dynasty Road

Protection Project

Policy Framework on Migrants Removal of Xi’an Public Traffic Improvement Project

Migrants Removal Plan on Xi’an Urban Air Pollution Comprehensive Supervision and

Prevention Project

VI Migrants Removal Plan on The bus hub of urban south Improvement Project


i

Purpose of Resettlement Action Plan and Definition of Resettlement Terms

Resettlement Action Plan (RAP) is made according to relative State and local laws and

regulations of People’s Republic of China and a series of articles or clauses in the World Bank

Operational Polices for Involuntary Resettlement OP4.12. The purpose of the document is to

“formulate an action plan for the resettlement and recovery of project affected persons to ensure

that they will benefit from the project and enjoy a better life or to at least maintain their former life

standards after the accomplishment of the project.”

The acquisition of land and other properties involved in the projects will affect those who

work or live on the land.

The Project Affected Persons (PAPs) is defined as following:�

The so-called Project Affected Persons refers to those whose living standards have been or

will be influenced negatively because of the implementation of the project, or those whose house

ownership, rights or interests, land (including house site, farmland and pasture) or other personal

estate or real estate have been acquired or occupied temporally or for a long time; or those whose

business, profession, work, residence or habit have been affected negatively.

The Affected may be individuals or legal persons like corporations or public agencies. In the

definition of the Project Affected Persons, no restriction is posed on their lawful registration,

permit for life or business scope in the affected area, nor is the compensation for their properties

restricted. The affected persons include:

(1) All the affected persons regardless their lawful rights, interests, and their presence during

acquisition of their properties.

(2) Those with no residence permit in particular districts.

Compensation should be conducted to all the persons affected by the Project to improve or at

least maintain their living standards. Besides, compensation should be conducted for the lost

properties by their replacement cost, rather than by depreciation or other excuses resulting in the

decrease or discount of compensation amount. All those affected by the Project should gain rights

and interests from the influence of the project. Furthermore, besides compensation on the loss of

their properties, subsidy should be granted for their recovery. With regards to those persons

who run businesses, reclaim land, or construct without permit of properties, rights and interests, or

legal residence but are affected by the Project, they should be treated the same as those with

formal legal properties, rights and interests, and permits, and they are qualified to renew their lives

and gain compensation for properties.

Definition to “Resettlement”

Resettlement refers to the arrangement for the PAPs in terms of production and lives for

their benefits from the project. It mainly includes:

(1) Relocation of living sites;

(2) Reemployment of those affected in terms of their work;

(3) Recovery (or compensation) for the affected land, working place, trees and

infrastructure, etc.

(4)Recovery work conducted for those negatively affected in terms of their living standards

or (life quality) because of acquisition and resettlement.

(5) Recovery or compensation for individuals or public enterprises;

(6) Recovery for the negative influence in terms of culture or collective properties.

Definition for “Recovery”

Recovery means to renew the abilities of PAPs to continue their productivities or to lift or at

least maintain their lives to the level prior to the Project.

The purpose of the RAP is to provide a resettlement recovery plan for the PAPs to make

their loss compensated and their living standards improved or at least maintained to the level prior

to the Project. To achieve this goal, recovery measurements have been provided in the plan to

recover the income of the PAPs for them to sustain their life. Likewise, the affected business and

productive resources (including shops and enterprises), public properties, infrastructure and

cultural properties will also be improved or at least recovered to the previous level.


1

1.General

1.1 Purpose of the project construction

The lag of municipal transportation in Xi’an city is the prominent problem in the

economic and social development and is also a handicap in raising the residents’living

standard. Especially in the recent years, with the 3rd Ring-Road system completed, the

new traffic problems caused by urban expansion, rapid development of economy,

increasing numbers of vehicles and people’s individualized demands for the

transportation are becoming more serious. In order to bring in the international

advanced managing ideas of municipal transportation, the technology and the fund,

improve Xi’an municipal comprehensive transportation systematically and

thoroughly, and to optimize the layout of the city, raise the status of the city, improve

the investing environment and quicken the adjusting of the industry, Xi'an municipal

government proposed Xi'an Comprehensive Urban Transport Improvement Project.

This project aims to improve the environment of Xi'an municipal transportation.

It mainly solves problems of incomplete road network in and around the old city, the

backward transportation controlling system, preventing and controlling transportation

pollution on environment as well as protecting cultural heritage and relics in the old

city. The implementation of the project may fundamentally improve Xi'an municipal

comprehensive transportation system, alleviate the contradiction between vehicles and

roads, improve the air quality, strengthen the protection of cultural heritage and relics

in Xi'an city, speed up the adjustment of Xi'an municipal space layout, perfect Xi'an

urban overall function�promote Xi’an city’s status, improve the environment of investment and residence and meet the need for a rapid and healthy development of

economy and society in Xi'an

In order to rightly guide the work of land acquisition and migrants removal involved

in the implementation of the project and to properly allocate the affected people to

make sure that their production and life can be improved or at least restored to the

previous level and finally to make them benefited from the project, the proect office

of Xi’an Municipal Development and Reform Committee entrusts Shaanxi Social

Science Academy with the task to work out plans in terms of the World Bank’s policy

on non-voluntary migrants and the proceeding requirements of OP/BP4.12 . The plans

include Migrants Removal Plan on Xi’an Urban Road Network Improvement Project,

Migrants Removal Plan on Huxian County Urban Road Network Improvement


2

Project, Migrants Removal Plan on First stage of Weiyang Palace Han Dynasty Road

Protection Project, Migrants Removal Plan on Urban Air Pollution Comprehensive

Supervision and Prevention Project Xi’an and Policy Framework on Migrants

Removal of Xi’an Public Traffic Improvement Project. Migrants Removal Plan on

The bus hub of urban south Improvement Project�This report is a collection of the

above 6 reports

1.2 .Project background

As the capital city of Shaanxi province, Xi’an is one of the four major ancient

capitals in the world, enjoying equal fame with Athens, Cairo, and Rome. Xi’an was

once the capital of thirteen dynasties in Chinese history, including Zhou, Qin, Han,

and Tang. Xi’an City is in the middle of Guanzhong Plain, between 33°42 �34°46north latitude, 107°40 �109°49 east longitude, and with Qinling Mountain in the south, Weihe River in the north. The maximum length from east to west is 204km,

and the maximum length from south to north is 116km. It has an overall area of 10108

km2, of which the urban area is 3582 km2. The total population of Xi'an is 8.23

million, including 7.5311 million resident population and 207.04 households, which

make a population density of 814 persons / km2. Now Xi’an has jurisdiction over 9

districts and 4 counties, namely Xincheng District, Beilin District, Lianhu District,

Baqiao District, Weiyang District, Yanta District, Yanliang District, Lintong District

and Chang’an District as well as Lantian County, Zhouzhi County, Huxian County

and Gaoling County.

In recent years, with the revival of Xi’an Royal City, the protection of heritages

and relics, the synthesized development of Xi’an-Xianyang, and the northward move

of the municipal center, the urban framework of Xi’an is expanded further and the

urban function is also well improved. Centered on the nucleus city and expanding

along a “�” shaped transport framework leading to Lintong in the east, to Xianyang in the west, to Sanyuan in the north, to Yanliang in the Northeast, to Lantian in the

Southeast, to Huxian in the Southwest and and to Empty Harbor in the Northwest,

the whole city is forming a Nine-palace Pattern relying upon the strategic “One-city

but Multiple-core” pattern.

Now Xi’an is the first largest centre city and a technology-education center in

middle-west China. It holds a leading position in the fields of applied technologies,

such as aviation, aerospace, weaponry, electronics, machinery, communication, meter,


3

optics, light and textile industry and electrical equipment. It is China’s manufacturing

industry center, inland transportation and communication center, material circulating

and trade and commerce center, as well as a historical and cultural tourism center. In

recent years, taking the opportunity of developing the west and guided with the urban

development idea of internationalization, market, humanization and ecology, Xi’an

has developed robustly with its advantages in superior geographical position and

industries, such as science, technology, education, culture, equipment manufacturing

and hi-tech industries. At present, the layout of “four zones and two bases” has taken

shape, which includes the High-tech Industrial Developmental Zone , the Economic-

technological Developmental Zone , the New Qujiang Zone and the Canba Ecological

Zone as well as Yanliang National Aviation Hi-tech Industry Base and Xi’an

Aerospace Science and Technology Industry Base. 6 leading industries, such as High-

new-tech industry, equipment manufacturing industry, tourism industry, modern

service industry and cultural industry, etc. have been important powers supporting

Xi’an’ economy.

In 2006, the GDP of Xi’an reached up to RMB 145.002 billion Yuan. Per capita

GDP was RMB 17794 Yuan. Compared with the previous year, the primary industry,

secondary industry and tertiary industry were respectively increased by RMB 7.073

billion Yuan, RMB 61.526 billion Yuan and RMB 76.403 billion Yuan. The annual

salary for employed workers was RMB 20316 Yuan, Urban Resident’s Disposable

Income was RMB 10905Yuan, Farmer’s Per Capita Disposable Income was RMB

3809 Yuan. Per capita room area for urban resident and farmer were respectively

23.15� and 40.05�. The total amount of social fix-asset investment reached up to RMB 106.662 billion

Yuan, of which RMB 1.004 billion Yuan was invested in primary industry, RMB

21.343 billion Yuan in secondary industry, and RMB 74.837 billion Yuan in tertiary

industry. The yearly investment on “four zones and two bases” was 28.944 billion

Yuan, of which 13.696 billion Yuan was invested on High-tech Industrial

Developmental Zone, 8.192 billion Yuan on the Economic-technological

Developmental Zone, 5.162 billion Yuan on the New Qujiang Zone, 1.297 billion

Yuan on the Canba Ecological Zone and 0.615 billion Yuan on Yanliang National

Aviation Hi-tech Industry

Base.


4

1.3 Contents of the project

The project is made up of 6 sub-projects, namely Road Network Improvement

Project, Public Transport Project, Traffic Management Improvement Project, Urban

Air Pollution Comprehensive Supervision and Prevention Project, Cultural Heritage

Protection and Capacity Construction (Technological Aid) Project.

There are 4 sub-projects involving migrants removal. They are Road Network

Improvement Project (including Xi’an City Road Network Construction Project and

Huxian County Urban Road Network Construction Project), Public Transport Project,

Urban Air Pollution Comprehensive Supervision and Prevention Project, Cultural

Heritage Protection (First stage of Weiyang Palace Han Dynasty Road Protection

Project).

¾ Road Network Improvement Projec

c Xi’an City Road Network Construction Project 6 interchanges(comprehensive traffic

controlling project of South Gate and South Huancheng Road, Yuxiang Gate interchange, East

Gate interchange, East 2nd Ring Road-North 2nd Ring Road interchange, East 2nd Ring Road-

South 2nd Ring Road interchange and Taibai South Road-Zhangba Road interchange) 4 overpass

and underpass (Beidadai-Xihuamen underpass, Beidajie-Xiqilu underpass, Youyilu-Wenyilu ring

overpass and Youyilu- Taibailu ring overpass).

d Huxian County Urban Road Network Construction Project 4 roads, namely Meibei Road

,Lvgong Road ,Xincheng Road and Dongcheng Road. 1 interchange , at Lvgong Road crosses

through Xi’an-Yuxia Railway.

¾ Public Transport Project

The proposed project includes13 public special routes with a length of 128.43km. These ten

routes are: Red Flag Factory-Taihua Road-East Ring Road-Taiyi Road-Qujiang, Zhuhong Road-

Xinghuo Road-West Ring Road-Taibai Road, Keji Road-Xixieqi Road-Jixiang Road-East Xiaozai,

Xilu Road-Xiying Road, the whole Youyi Road, the whole Laodong Road-Gaoxin Road, Jiefang

Road-Heping Road-Dayan Pagoda, Hongguang Road-Fenggao Road-Xiguanzheng Street-East and

West Street-Shiyuan Road-Huzhu Road-Hansen Road, Hancheng Road-North Zhangba Road, the

whole Xingqing Road, Weiyang Road-South and North Street-Chang’an Road. east Zhangba

Rd(Xiwan Rd-Zhuque sreet) Middle Xianning Rd-west Xianning Rd-east of south Ring Rd-west of

south Ring Rd-Fengqing Rd Zhuque Rd(east Zhangba Rd-Zhuque Rd)

There are 2 public transport hubs, Textile City Station Hub and City South Station Hub. The


5

only preservation yard is the newly-built preservation yard in North outskirt..

¾ Traffic Management Improvement Project

The project includes 8 aspects: Regional Traffic Controlling System,Traffic Channelling at

crossings, Road Traffic Monitoring System, Comprehensive Traffic Guiding System,

Information System Building, Accident Analysis Software\ Accident Checking and Rescuing

equipment\ Traffic Safety Program, Road Signs and facilities\Traffic information boards on

roadside\Traffic breaddown auto-examining equipment, and Road users’ education\ Parking lot

improvement\ Passengers and bicycles traffic system improvement.

¾ Urban Air Pollution Comprehensive Supervision and Prevention Project

The project includes 4 large systems and a center, which respectively are Urban Transport

Pollution Discharge Monitoring and Controlling System, Environment and Air Quality

Examining System, Air Quality Information Management and Data Analysis System,

Supporting and safeguarding System, and the Environment and Air Supervision Center of

Xi’an City.

¾ Cultural Heritage Protection Project

c Project of Bicycle Road Network inside the city wall of Ming Dynasty By constructing

and rebuilding the bicycle lanes in and around the city wall of Ming Dynasty, the problem of

vehicles and non-motor vehicles running in disorder in alleys can be solved. The project is

planned to be extended to a large area inside the 2nd ring road.

d First stage of Weiyang Palace Han Dynasty Road Protection Project 5 Han Dynasty

roads planned to be built under protection, namely East-west Road north of the front

palace, East-west Road south of the front palace, South-north Road east of the front

palace, Huantu Road inside the city wall of Han dynasty, Street outside Xi’an Gate.

¾ Capacity Construction( technological aid) Project

The project mainly deals with personnel training and soft subject research. The latter

includes 10 soft items, such as transport programming, parking strategies, Public transport

rules, Public transport reform study, plan and analysis of the financial resource, etc.


6

1.4 Measures to reduce migrants

Xi’an Urban Comprehensive Transport Improvement Project involves 6 big sub-

projects, each of which includes many branch projects. In the designing process,

the relevant designing units optimize and compare various plans, and on condition

of meeting the need of the project, try to choose the plan with minimal migrants so

as to fundamentally reduce the amount of migrants. In order to occupy less

farmland, roads, interchanges and other occupied land, larger servicing facilities

are designed trying to avoid the farmland and the residential area. At the same

time, by optimizing the implementing design, limiting the time of project and

reasonably arrange time intervals of demolition and construction, we can reduce

the migrants property loss as far as possible. For example, the house demolition

and relocation and the reconstruction are generally arranged in the free season and

the land utilization generally after the harvests.

1.5 Policy Goals of this report

z Take engineering, technological and economic measures to avoid or reduce the

amount of land acquisition, house demolition, migrants and objects; when the

land acquisition and house demolition is unavoidable, take effective measures to

reduce the impact on the local production and life.

z Make demolition & relocation object index and economic subsidy standard the

base for the migrants resettlement, aimed to improve or at least restore the

migrants production and life to the previous level.

z Promote technology and skill training for the jobless and hard-living migrants

and provide plentiful job opportunities.

z Encourage the migrants and the residents in the resettlement area to take part in

the program of removal and resettlement.

z Accept the labor of the migrants and the residents in the resettlement area,

encourage them to take part in the construction and make them enjoy the

benefits of the project.


7

2. Analysis on the Affected Object Index by the Project

From October 2005 to December 2006, with the participation and help of leaders from local

governments , administrative villages and villager teams at all levels and the migrants, the

concerned techincians from the project designing unit divided into 5 investigating groups , made a

survey on the main object index, including the affected persons, houses and attachments, land,

and special establishments. Table2-1 shows the main object index affected by Xi’an urban

comprehensive transportation improvement project. At this stage, the permanently required land

area and demolishion area will be adjusted and located by measure on the spot according to the

report of each sub-projects. The areas will be partially adjusted with further designation.

Table 2.1 List of the objects affected in Xi’an urban comprehensive transportation

improvement project.

Sub-project

item

types

Xi’an city

road network

construction

Huxian

County road

construction

Weiyang

Palace Han

Dynasty

road

protection

Project of

comprehensive

supervision,

control and

prevention

The bus hub of urban south

total


8

protection against air

pollution in

Xi’an city

State-owned

land�mu� 78.95 / 93.24 /

/172.19

Collective land�mu� 20 919.7 213.9 60 38.108 1251.708

Land

acquisition

Sub-total�mu� 98. 95 919.7 307.14 60 38.108 1423.898

household

houses�m2�11084 10991 9000 /

31075

houses for

enterprises(workshops)

�m2�

10342 9863.1 21000 /

41205.1

Houses to

be

demolished

Sub-total�m2� 21426 20854.1 30000 / 72280.1

electric poles 382 / / / 382

Roadside trees 3239 / / / 3239

Fruit trees / / 12000 / 12000

Other trees / / 9000 / 9000

attachments

Fish pond�mu� / / 3.4 / 3.4

Land acquisition affect

(person) / / 67 276

75 418

Affected

population

House demolition of

households affect

(person)

195 315 157 /

667


9

House demolition of

non-households affect

(person)

560 135 34 /

729

Sub-total (persons) 755 450 258 276 1814

2.1 The affected land

The project involves permanent land acquisition1423.898mu, state-owned land

172.19 mu , collective land1251.708mu, as is shown in the following table 2.2.

Table 2.2 List of the impact on permanent land acquisition

unit mu

category

Items Area of the

acquired land State-owned

land

Collective

land

Xi’an city road network construction 98.95 78.95 20

Huxian County road construction 919.7 / 919.7

Weiyang Palace Han Dynasty road

protection (first stage) 307.14 93.24 213.90

The bus hub of urban south �� / 38.108

Project of comprehensive supervision,

control and prevention against air

pollution in Xi’an city

60 / 60

Total ��

2.2 The affected houses for households

Three sub-projects of the project involve demolition of houses for households.

The total area of the demolition reaches31075 square meters, including 11084 square

meters for the Xi’an city Road Network construction, 10991 for the Huxian County

Road construction and 7600 for the first period project of protection of Weiyang

Palace Han Dynasty Road project. For details sees table 2.3.


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Table2.3 List of the affected houses for households

Area of household houses�m2�

item subtotal

Brick-

concrete

Brick-

wood

Earth-

wood simple

Xi’an city road

network

construction

11084 11084 / / /

Huxian County road

construction 10991 8111 1495 1385 /

Weiyang Palace

Han Dynasty Road

Protection project

(first stage)

9000 6500 1500 / 1000

total 31075 25695 2995 1385 1000

2.3 The affected non- household houses

Four sub-projects involve demolition and resettlement of the non-household

houses, the area of which reaches 41205.1.1square meters, including 10342 square

meters for the Xi’an city road network construction, 9863.1 for the Huxian county

road construction, 21000 for the first period of Weiyang Palace Han Dynasty road

protection project and 800 for the Project of comprehensive supervision, control and

prevention against air pollution in Xi’an city. For details sees table 2.4.

Table 2.4 Impact on non- household houses

Area of houses for enterprises(workshops) �m2�

item Sub-total

Brick-

concrete Brick-wood simple

Xi’an city road network

construction 10342 9912 270 160

Huxian County road

construction 9863.1 9863.1 / /

Weiyang Palace Han

Dynasty Road Protection 21000 21000 / /


11

Area of houses for enterprises(workshops) �m2�

item Sub-total

Brick-

concrete Brick-wood simple

project (first stage)

total 41205.1 40775.1 270 160

2.4 The affected Enterprises and units

There are altogether 9 enterprises and units affected by the project ,of which the

Huxian County sub-project affects 1, the Road network project affects 7 and the

WeiYang Palace project affect 1. According to the investigation on the spot, only a

small part of the buildings of the affected enterprises and units need to be demolished

and removed, which will not affect their normal production and operation. For details,

see the attached reports of each sub-project.

2.5 The affected individually-owned business

Two sub-projects involve 114 individually-owned businesses. Xi’an city road

network construction affects 88 and HuXian sub-project affects 26. For details see the

attached reports of each sub-project.

2.6 The affected over-ground attachment

Three sub-projects involve ground attachment and public facilities, including

Xi’an city road network construction, Weiyang Palace Han Dynasty Road Protection

project and HuXian County road facilities construction project.

For details see table 2.5.

Table 2.5 Influenced over-ground attachment and public facilities in the construction

of the Xi’an city comprehensive traffic improvement project.

items

Xi’an city

road network

construction

Weiyang Palace

Han Dynasty

Road Protection

project

total

Electric pole 382 / 382


12

Roadside tree 3239 / 3239

Fruit tree

/ 12000 12000

Fish pond

/ 3.4 3.4

other tree / 9000 9000

2.7 The affected population

Four sub-projects involve land acquisition, house demolition and removal, which will affect 1814 persons. Xi’an city road network construction project involve 755 persons, Huxian County road construction project involve 450 persons, Weiyang Palace Han Dynasty road protection project (first stage) 258 persons and Comprehensive supervision, control and prevention against air pollution project in Xi’an city 276 persons, The bus hub of urban south75 persons.as is shown in table 2.6.

Table 2.6 The Affected Persons

items Types of land acquisition and

house demolition Affected persons

House demolition of households 195

House demolition of non-

households 560

Xi’an city road

network

construction

project Sub-total 755

House demolition of households 315


households 135

Huxian County

road

construction

project Sub-total 450

Permanent land acquisition 67

House demolition of household 157


household 34

Weiyang

Palace Han

Dynasty road

protection

project (first

stage) Sub-total 258


13

items Types of land acquisition and

house demolition Affected persons

Permanent land acquisition 276 Comprehensive

supervision,

control and

prevention

against air

pollution

project in Xi’an

city

Sub-total 276

Permanent land acquisition �� The bus hub of

urban south Sub-total ��

Total ��

2.8 The affected population of minorities

It is investigated on the spot that there are no minorities involved in the project.

2.9 The affected weak group

It is investigated on the spot that there hasn’t been any weak group found at this stage which

need special support. However, to take into account the potential natural disaster and other

unpredictable factors, 20% of the removal households are temporarily taken as the weak group

and are to be supported with proper subsidy. The actually affected weak group will be further

confirmed by analyzing and comparing the data offered by the local administrative department.

Off course, the self objective condition such as the family member structure, the labour force

employment and the family resources are also considered. Once some affected families are

confirmed as the weak group, they will be offered special help during the progress of the

removal and resettlement. For example, they will be offered proper favour and care on the house

building, resource allocation, e.t c.


14

3. Law and Policy

3.1. Laws and Regulations of People’s Republic of China

The Law of Land Administration of the People’s Republic of China (came into effect on

AUG.28, 2004) ;

The Implementation Regulations of the Land Management Law of the People’s Republic of

China (came into effect on AUG.28, 2004)

The Law of People’s Republic of China on Urban Real Estate Administration (came into

effect on Jan.1, 1995)

Regulations for Management of Urban House Demolition (came into effect on Nov.1, 2001)

3. 2 Regulations and Policy of Shaanxi Province

Measures of Shaanxi Province on Implementing the The Law of Land Administration of the

People’s Republic of China (took into effect on Jan.1, 2000)

Measures of Shaanxi Province on Implementing the The Law of Land Administration of the

People’s Republic of China (took into effect on Jan.1, 2000)

Rules for the Protection of Basic Farmland (took into effect on Apr.4, 1996)

Measures of Unified Land Acquisition of Shaanxi Province for Construction Project (took

into effect on Mar.1, 2002)

Shaanxi Provincial Regulations on Management of Urban House Demolition Compensation

(came into effect on Dec.1, 2003)

3.3 Regulations and Policy of Xi’an

Temporary Regulations on Xi’an Urban House Demolition Assessment (took into effect on

Jun.10, 2004)

Detailed Rules for Implementation of Urban House Demolition in Xi’an (took into effect on

Jun.10, 2004)

The fourth Master Plan of Xi’an City

2003-2020 Master Plan of Huxian County

3.4 Policy of World Bank

World Bank Operational Policy OP4.12 Involuntary Immigration (Dec. 2001)


15

World Bank Operational Policy OP4.12—Annex Table 1 Involuntary

Immigration.

3.5 Resettlement Policies on migrations of the Project

The resettlement policy on migration implemented by the Project is made in terms of related

regulations and laws formulated by People’s Republic of China, Shaanxi Provincial People’s

Government, Xi’an Municipal People’s Government, and the World Bank.

3.5.1 Policies on compensation for Permanent land acquisition

1 For those whose land is acquired, compensation shall be paid in terms of the primary

function of the acquired land. The compensation fee of land acquisition shall include land

compensation fee, resettlement subsidy and compensation fee of over-ground objects which are

attached to the land and young crops. And the compensation fee of over-ground attachments and

young crops shall be given to their owners, but the young crops compensation will not be given to

whose land without young crops.

2 The compensation fee for farmland acquisition shall be paid as many as nine times of

annual average production value of the previous three years. Land compensation belongs to the

village collective organization, therefore should be given directly to the committee of villagers to

be used to develop production and restore the economic condition of the people who are affected.

3 The relocation subsidy for farmland acquisition shall be calculated by six times of annual

average production value of the land. Resettlement allowance is given to the committee of

villagers or the villager groups which are affected.

4 If the land compensation and resettlement subsidy based on the previous article cannot

make the villagers required settling remain their original living standard, more compensation can

be added with the approval of the provincial people’s government, but the total amount cannot

surpass thirty times of the average annual production value of the land prior to the land

acquisition.

3.5.2 Principles of migrants resettlement for land acquisition

�1�For the villagers whose production and living mostly depends on farmland losing the most land owing to demolition & relocation and land acquisition can

choose changing from peasant to non-peasant voluntarily. Their registered permanent

residence can change to city residents and will be brought into city social insurance.


16

They can also be protected by low income protection policy and be resettled by

government to take up an occupation in an enterprise in town. Or these peasants can

set up village enterprise, agriculture byproducts processing factory, etc. In addition,

they can undertake the third-industry after training, for example restaurant, business,

repairing, transportation, production service (such as agricultural products providing),

living service (such as hairdressing, housework, removing, etc). For the villages

possessing of land can make other choices according to the will of migrants. The

government can admeasure them farmland with considerable acreage and fertility to

help them renew production, adjust planting configuration, increase production value

of farmland and improve living standard finally.

�2�For the villager whose production and living does not depend on land losing most of their land because of demolition & relocation and land acquisition can choose

to non-peasant either. They will have work position in village enterprise arranged by

town government or undertake the third industry after training, for example

restaurant, business, repairing, service, etc. For the people who want to leave to find a

job outside the village government can provide them employment training,

agricultural skill training and labour force supply and need information according to

the need.

�3�For the peasant losing a few of land owing to demolition government will help them adjust industry configuration combined with socialism new country

construction and “one village one products” development. Adjust planting structure

and variety structure according to market and local layout. Confirm a certain main

products and drive industrialization step by step. Realize the improving of peasants’

living standard through strengthen “one village one products”.

�4�All labour force influenced by the project will be relocated appropriately.

3.5.3 Principle on resettlement for rural relocated residents

As for the rural houses affected by the Project, two ways are adopted to undertake relocation

work based on intention of affected peasant households:

�1�Monetary compensation

Compensation shall be paid in terms of replacement cost. See details of

compensation Policy in related laws ,regulations ,and compensation standards in

Chapter V.


17

Based on the investigated opinions and the practicality, Huxian County urban

road facilities construction project is mainly compensated in moneytary form. The rest

two projects compensation forms will be selected freely according to the villagers’

intention.

�2�Exchange of property rights

Provided that the demolished household is unwilling to accept monetary

compensation, then they can take the compensation according to the way of Exchange

of property rights. The resettlement shall be done by balance out between the real

estate market price of demolished house and the real estate market price of relocation

house. See details from related laws and regulations.

3.5.4The resettlement principle of demolished and Relocated shops and enterprise

The government department which will demolish enterprises will make

comprehensive technological economical analysis resettlement scheme of each

enterprises which will be demolished. For the enterprises influenced by the demolition

should try to rebuild and renew operation and production on the spot on condition of

matching production. If the enterprises can not renew the production scale on the spot

they have to rebuild in other position. Try to demolish and build by themselves, avoid

or reduce stopping production. The project department will deliver proper and near

place or industry district to enterprises for resettling by cooperating with city planning

department. The resettlement position will be confirmed according with city planning

by the treaty between the enterprises influenced by demolish and project department.

Resettle the industry enterprises which will be relocated in other place as early as

possible. Start rebuilding in advance. For the marketplaces and shops local

government can arrange resettlement place exclusively or offer them transition

expanses. These markets will be rebuilt on the old place or near the old place after the

accomplishment of the project.

3. 5.5 Policy on affected over-ground objects attached to the land

The affected infrastructure and over-ground attachments shall be paid in terms of

replacement cost principle.


18

4 .Compensation standards

4.1Land requisition compensation standards

Table 4.1 Permanent land compensation rates

Collective land (Yuan / mu)

Land types

Subitems name

State-owned land

Yuan / mu

Land compensation

fee

Resettlement subsidies

Young crop compensation


construction 100000-120000 48000 32000 /

Huxian County road

construction / 12240 6800 960

Weiyang Palace Han Dynasty

road protection / 38160 25440 /

Project of comprehensive

supervision, control and prevention against air pollution in Xi’an city

/ 10000 17333.3 /

The bus hub of urban south � ��


19

4.2 Compensation standards for residential housing

Table 4.2 Compensation standards for residential housing

Compensation standards Other grants

Subitems name

Brick-concrete

yuan/ m2

Brick-wood yuan/

m2

Earth-wood yuan/

m2

Move grants yuan/households

Temporary relocation yuan/month

m2 Xi’an city

road network

construction

1600 / / 500 /

Huxian County

road construction

450 260 150 500 2.5

Weiyang Palace Han

Dynasty road

protection

900-1100

850-950

700-900 500-1000 /

4.3 Compensation standards for non-residential housing

Table 4.3 Compensation standards for non-residential housing

Compensation standards Other grants Structure

Subitems name

Brick-concrete�yuan/ m2�

Brick-wood yuan/

m2

simpleyuan/ m2

Appurtenances

�yuan/ m2�

Move grants �yuan/

Households�


construction

4200-5500

5400 4000-5300

/ 500

Huxian County road

construction 420 320 500

Weiyang Palace Han

Dynasty road protection

1000-1100

/ 500


20

4.4 Public facilities and ground fixtures compensation standards

Table 4.4 Public facilities and ground fixtures compensation standards

Compensation standards categories Units Xi’an city road network

construction Weiyang Palace Han

Dynasty road protection

Electric pole yuan/pole 3000 /

Roadside tree yuan/tree 500 /

Fruit tree yuan/tree / 130-170

Other tree yuan/tree / 17-25

Fish pond yuan/mu / 18000-22000


21

5. Proposals for Migrants’ Work and Life Resuming

5.1 The resettlement target

The resettlement target of this project is to ensure the compensation return of the

migrants’ whole loss, reasonable resettlement and good resume, making them share

the benefit of the project and provide them assistant for their temporary difficulties.

Through this project, their income level, living standard and the production and profit

capability of enterprises can be increased or at least resumed to the comparatively

high level before removal or before the project starts.

5.2 The resettlement principles

5.2.1 Minimization of migrants principle

On the basis of meeting the designing requirements, plans are optimized as well as possible

to reduce land acquisition, house demolition and the impact of the project and thereby reduce

the number of migrants to the minimum. Besides, non-farm land is primarily selected for the

project to decrease the impact on the migrants production and income.

5.2.2 Equivalent compensation principle

In order to complete well the land acquisition, house demolition and resettlement and to

prevent the decrease of immigrant living standard, we carry out the equivalent compensation

principle, which includes two aspects. First, all property is compensated by its purchasing cost;

second, other loss is compensated equivalently, that is, how much loss, how much subsidy.

1. Ensure that the units or individuals affected will improve or at least restore to their

original standard of production and living as soon as possible.

2. Those who lose houses should gain new residence and should be resettled nearby.

3. The compensation criteria, the location of new residence, area and standard of new

residence should be formulated after opinions from all people involved are


22

considered; houses removed should in principle be built by villagers themselves; if

difficult, the local government or the committee of local residents should help.

4. When the houses affected are assessed, the compensation for all property will be

calculated with the present price of replacement, and no depreciation is considered.

5. Land should be reallocated to ensure those who lose land regain land.

6. The mellow soil of land for temporary construction use should be reserved. When

the construction is finished, the mellow soil can be returned to restore the land.

7. Land acquisition and resettlement must be finished at least one month before the

construction starts, otherwise, the construction can not start.

8. According to the 16th article of Protective Regulations of Basic Farmland, if land

for construction use includes land reserved for agricultural use, equal area of land

should be opened up. If there’s no land to be opened up, or the land opened up can’t

meet the required standard, corresponding fees should be turned in according to The

Land Management Law of the People’s Republic of China.

9. The public-owned or private-owned houses or buildings, if removed, can be

compensated in two ways: one is ownership of new residence and the other is

monetary compensation. The price of the old houses or buildings and the accessories

will be assessed by the relevant department of Administrative Department of Real

Estate of Xi’an City. The basic price of removal compensation (including resettlement

allowance, transition allowance, house-moving allowance and other allowances) is

decided according to the classification of buildings (for residence, business and non-

business use). The environmental regulating rate is decided according to the location

and the classification of buildings (for residence, business and non-business use).

5.2.3 Keystone preferential principle

1 The project will focus on the impact of the removal on the migrants previous caste and

social network, trying as hard as possible to plan a whole removal to maintain the integrity of the

previous community.

2 The project will focus on the migrants difficulties during and after the removal. The

project office will urge the local street office or the exploiting business to build the villagers

committee or owners committee as early as possible at the new residence without such

organizations, so as to help the migrants syncretize in the new community. As to the shops and


23

working units willing to remove, their temporary loss due to the change of surroundings will be

compensated by the project too.

3 The project will focus on weak groups (old people without adult offspring living together,

widows, single-parent family, disabled, chronic patients and poor family), which will be offered

preferable policy in residence, employment,etc. when they remove. And a regular visit and aid for

special difficulty after the resettlement will last till the local administrative department takes

charge.

4 The project will plan an open removal. It will manoeuvre power of local government to

train the migrants for profession and try to create opportunities for employment, so that the

migrants can adapt the environment of the new residence in a short time and become self-

dependent in economy and the responsibility for migrants resettlement can be shifted in time from

the removal orgnization to the migrants themselves.

5 The project will seek for the maximum of the cost-benefit of the removal. It will try to

improve the ability of the removal orgnization, regulate the behavior of the removal work,

establish perfect inner-controlling mechanism to prevent the waste, cut, embezzlement and

corruption of the fund, reaching the best resettlement result. That is, try to reduce the resettlement

cost as hard as possible with the planned effect index, which is benificial to both the migrants and

the taxpayers of Xi’an City.

5.3 General Scheme of the Migrants Resettlement

The Project includes 5 sub-projects. In the designing process, each relevant

designing units optimize and compare various plans, taking into consideration the

execution of land acquisition to the system of local economy, production and life. In

order to the plan with minimal migrants so as to fundamentally reduce the amount of

migrants. In order to reduce the area of land acquisition and house demolition , and

substract the impact of project construction to the local production and life, various

plans are to be selected and the construction measures are to be optimized to control

the road width and construction scale. Therefore, the project constructon will not

cause fatal destroy to the privious production and living system.

From Jan.2007 to May. 2007, the investigating team of the migrants

resettlement of the project discussed the removal plan with the affected villages

through conversaziones. According to the migrants suggestion and the actual

condition of the affected area, and after analyzing the migrants resettlement

environment capacity of each village, the project office work out the total removal


24

scheme�the migrants affected by each sub-project are resettled at their privious

community to maintain their previous production and life style, customs and social

stability, which is helpful to enforce their enthusiasm and adaptability in production

and life. To decrease the impact of the construction on the migrants production and

life, all the village houses are to be demolished and built by themselves. And the

waste building materials are at the migrants charge. In production, the farmland is

generally adjusted partially in the same villagers team and the resettlement with land

to develop agriculture are the main resettling form. At the same time, try to improve

the irrigation works, adjust the planting structure and increase the land utilization.

Besides, supplemented with adequate economic subsidy, make sure that the migrants

can restore and improve their production and living standard.

5.3.1 The layout of residence rebuilding

The migrants affected by the project will be resettled dispersedly or massively in

their previous community under the layout of the local town or village construction.

A. Ground leveling up

The migrants affected by the project will be resettled dispersedly or massively, so

they are all supposed to select a house site in their previous village or villagers team.

Generally speaking, the geological condition selected by themselves is good. They

can build houses on it after leveling up a little. The leveling up of the house site will

be carried out by migrants themselves, with their own inclination or organized by the

migrants implementing organization of the county (district).

B. Public project

The project unit is responsible for the construction of facilities in water supply,

electricity supply, radio and TV, road and transportation in the resettlement site.

C. Community management and migrants house building

Because the migrants affected by the project will be resettled in their previous

community, the present administrative system won’t change. The migrants still belong

to their previous town( street office) and village.

In terms of the migrants willing, the new houses will be built before or during the

demolishion of the old houses. The house building can be carried out by the migrants

themselves or submitted to the qualified construction enterprises, who will build

houses with a common criteria. According to the structure and area of the house, the

migrants can also get a compensation, which is paid serially with the progress of the


25

house building. During the house building, the migrants can live in their previous

houses in principle. The migrants will possess the old house building material and can

deal with it with their own need and the value of old material won’t be subtracted

from the house compensation.

D. The public serving facilities in resettlement sites.

In the construction and land acquisition, no public facilities such as school,

hospital, etc. are removed, so there is no need to allocate it. Moreover, the new

residence is the same distance away as the previous from the public facilities.

5.3.2 Production restoration scheme

On the basis of the comprehensive analysis of the location, land resource, income

structure etc. of the local village and villagers, the removal designing working party

will offer direct compensation or take other production restoration measures by asking

for opinions of the affected households and the migrants representatives. The

production restoration measures are as follows: reinforce the irrigating facilities to

raise the ability of repelling disasters; adjust the agricultural structure and meliorate

the breeds of economic plants to increase the agricultural output; train the migrants in

professional skills and practical technology to raise their ability in employment and

self-development. The removal compensation will be all given to the migrants

resettled with cash compensation, while the land compensation belongs to the village

collectivity. Since the removal plan is worked out by most migrants willing, the

project office should try to consult with the migrants when some of them need to be

resettled by other plan instead of the village plan. If some migrants in the villages

resettled with cash compensation need land to work on agriculture, the county

(district) migrants office of should help them to get land. Whereas, if some migrants

want to be compensated with cash to work on business instead of agriculture, after

submitting a self application and being notarized, they can get a cash compensation

equalling to the removal compensation.

Because each village is affected differently by the project, and possesses

different resource structure,public facility conditions, the removal plan is different

with different villages. The removal plan of each village is shown in each attached

sub-project report.


26

5.3.3 Organization and management of the removal implementation

The implementation of the migrants removal plan is organized and led by the

project resettlement leading party. The affected counties (districts) gather members of

relevant department to set up the project resettlement office, which is in charge of

drawing resettlement policies; propagandizing ,mobilizing, organizing the work of the

removal and resettlement. Meantime, the resettlement office is also a main channel for

the migrants to reflect their problems. The resettlement office should duly and

adequately listen to and collect the migrants opinions and problems, reflect it to

relevant directors and tell the migrants the feedback in time.

5.3.4 Training programme

A.Training of migrants cadres

In order to better carry out relevant policies of the World Bank on non- voluntary

migrants removal and to ensure an orderly progress of the project removal work, the

provincial project office plan to organize relevant members of local migrants

organizations at all level to inspect and learn from some successful projects home and

abroad, so as to improve their professional and managing quality.

B. Migrants training of technology and skill

In order to create an environment of self-dependence and self-development and to

restore or improve the migrants living level in a short time, the county (district)

resettlement office will organize the local migrants training in technology and skill,

combined with the help from department of labour, social security, finance, education,

science and technology and agriculture. The training is supposed to meet the

requirements of local rural economic structure adjustment, the change of labour

market and the empoying units, and should be pertinently carried out on the principle

of practicality and actual effect.

5.3.5 The utilization of resettlement fund and security guarantee

A. The utilization of compensation fund

The migrants resettlement compensation fund will be managed and used by the

grass-roots economic organization affected by the project. Generally speaking, the

house and its attachment compensation and the removal subsidy should be totally

used by the affected households, mainly used in building new houses and moving


27

family possessions; the land acquisition compensation should be managed and used

respectively by the town(street), village or villagers team according to the different

ownership of the land. It is generally used in the production restoration, surplus labour

force settlement and the improvement of basic facilities, etc.

�The house and its attachment compensation will be paid completely to the affected households, according to relevant policies.�

�The land lacquisition compensation and the labour force resettlement subsidy will be planned as a whole by the town, village or villagers team. Besides being used

in the migrants production restoration, on the agreement of the affected villagers

team, the fund will also be used in the following aspects:

� invest in the construction of local basic facilities, which includes reinforcing

the farmland basic construction, improving the irrigating facilities, strengthening

the countryside road construction and improving the transportation ability.

� build up the commonweal in the villages�

� invest in the second and third industy to increase the employment opportunity

for the countryside surplus labour force.

� If necessary, some of the fund can be used to set up a venture fund to provide the local villagers with a basic living guarantee.

B. The guarantee measures for the compensation fund

� If the fund is used to develop the second and third industry, the villagers committee and the village CPC committee must first carry out thorough and careful

investigation and analysis to make sure the market condition is mature and then

submit the proposal to the town (street) government for an approval. Moreover, the

proposal can’t be carried out until it is approved by the affected villagers meeting.

� To prevent the decrease in income level of the affected persons after they are

resettled, the management of the new enterprises must be enhanced, including

regular inspects and audits on the enterprises and work out their practical problems

in time( such as technical instruction, production and sale), and establish necessary

regulations to make sure the enterprises develop well.

� If the investing surroundings change or the investing plan for the second and third industy can’t offer migrants a sound income, the land compensation and labour

force resettlement subsidy will be preferably depositted in the bank. The annual

interest income will be allocated to the affected families to guarantee their normal

living standard. At the same time, the planned investing project will be reevaluated


28

according to the present market condition before construction, so that we can decide

whether to carry it on or change it.

5.4 The resettlement scheme of the individually-owned business

Because the project is a improvement of the comprehensive road network and

when designed tries to avoid the population-densed villages and schools, there are

fewer individually-owned business affected. The individually-owned businesses on

the roadside are small in scale, running making use of their ground floor or the

roadside simply-equipped houses. In the resettlement, their new house site will be

preferably located at the crossway or on the roadside of the rebuilt road, so as to

increase their customers to maintain their previous turnover, steady the income

resource and prevent the fall of their living level. The roadside shops will be

resettled at the proper place in the city with the owner willing, either selected by the

owners themselves or directed by the government.

5.5 The resettlement scheme of the enterprises

According to the investigation on the spot, only part of the buildings of the

affected enterprises and units need to be demolished and removed, which will not

affect their normal production and operation. So, there is no need to remove and

resettle.

5.6 The removal and rebuiding plan of the special facilities

The affected special facilities are mainly the electric and communicating wire

and pole facilities along the road. The electric and communicating wire affected can

be rebuilt as follows: when the previous wire intersects with the road, the pole can be

highered to make the wire across the road; when the previous wire is along one side of

the road, more transfering towers or poles should be built; the affected

communicating wire will be all piped under through the road to be protected, and the

wire will be partly changed if necessary. The rebuilding of special facilities are all

planned and carried out by every relevant professional units. The project construction

units will negotiate with directing department of each special facility about the

fulfilment of the corresponding compensation fund.


29

6.Public Participation and Information Publication

6.1Public participation modes

According to municipal, provincial and national policies and regulations as regards the

policies and regulations on relocation and resettlement, in view of the protection of lawful rights

of migrants and units being removed and the reduction of disputation and dissatisfaction, as

regards the relocation and resettlement of the Project and better planning for the resettlement of

migrants, and well implementation of organizational assignment to realize the goal of settling the

migrants properly, great attention will be paid to the participating and consulting of migrants as

well as to the widespread listening to the suggestions of migrants. At the stage of project

preparation, to study the feasibility of the project, project office and designing unit have discussed

with local authorities, NPC, PCC, mass communities, town (street) government and


30

representatives of people publically. During the process of migrants settlement, project office also

adopts the opinions of the local authorities and representatives of mass migrants about the

migrants settlements and policy of compensations. With the help of local governments, the

composition of RAP of the branch projects has been finished. At the stage of projection

application, different organizations of migrants settlement will encourage people to participate in

migrants settlement and production recovery and reestablishment. See details of the public

participation and information publicity in the attached reports of each sub-project.

6.2 Process of public participation

During the process of RAP’s preparation and composition, local government and migrants

take part in the following works:

(1) When studying the factual effect of project and relocation, local migrants settlement

office, village and village team, representatives of migrants have participated in the investigation

job.

(2) Project migrants settlement offices have organized the relative staff in different cities and

counties to take part in the policy publicizing meeting. Details the concrete content of different

policies of our country, provinces and cities about the migrants policy. And the migrants

settlement offices in different counties hold meetings with the absence of local officials and

influential people to publicizing the policies. And broad publication of the relocation and migrants

settlement of the World Bank and our country has been made. They adopt the opinions of them

how to reduce the influence, how to make the migrants settlement and the standard of

compensation. And broad discussion has been made too.

(3) During the process of planning of migrants settlements, migrants settlement offices and

consultative unit in different counties also come to different collages. With the form of

conversations and random visits, make further listening to their opinion and ideas about the

migrants settlement, including the selection of settlement areas, production recovery, houses

relocation and relocation compensation. The details of the conversations is as the enclosed branch

project analyzing report.

(4) In order to strengthen the project publication and make further understanding of the

opinions about the project establishments and migrants settlement of different officials and people,

before composition of the RAP of different branch projects, project migrants settlement offices

and investigation planning organizations investigate the migrants’ opinions, mass participation

with the form of question-answering investigation in the influenced areas. According to the

statistical analysis, the people who are investigated consider the main problem that influence the


31

economic development of project areas is worse traffic condition. In that case, the rich resources

have not explored much. They think with the establishment of this project, the agricultural

products’ circulation and the exploration of touring resources will be promoted to push the

economic and social development in the local areas. They confirm it is necessary to doing this

project and they are willing to support the establishment with factual deeds. Furthermore, most

removal residents know clearly the establishment of this project and make full preparation in

minds. They show willingness to removal and relocation. So the project has a good basis of

people’s support. The mass participation investigation sheet is as the enclosed branch project

analyzing report.

5 From now on, project migrants settlement offices and different local migrants

settlement executive government will adopt the following procedure and approach to encourge

people to participate and discuss:

A Publicize migrant information

In order to ensure the migrants and local governments understand settlement planning and

compensation of the branch project and settlement plan in details, project migrants settlement

offices will prepare to issue post or publicize by radio the information which is inspected by the

World Bank in the influenced areas. And also to make the information handbooks to the migrants.

The information includes all the influenced asset, compensation standard, compensation amount

and settlement policy, migrants’ right and interest and opinion feedback, appealing channel and so

on.

B Holding meetings

The meetings will be hold mainly before the removal and settlement. And

continue to publicize the relative policies, regulations, compensation standard etc. to

people so that they could understand early to make preparation.

C Through radio and TV and newspaper, publicizing project construction

content, progress and migrants policy.


32

7. Appeal

Though the public are encouraged to participate in the migrant placing work,

problems may still appear more or less in the actual work. In order to make the

problems solved promptly and effectively immediately they appear, and to ensure the

smooth progress of the land requisition, house demolition , removal and resettlement

as well as the project construction, a transparent and effective way of appealing for

the migrants is needed besides the existing letter appeal provided by local government

of all levels.


33

7.1 The appeal-accepting organization

Besides the Villagers’ Committee and the Migrant Resettlement Group at all

levels, an Appeal-Accepting Group subordinated to the External Supervision Organ is

to be established to guarantee better the lawful rights of the people concerned. The

group is constituted of 5 persons. The leader of the Independent Monitoring

Organization works concurrently as head of the group. As to the other 4 persons, 2

come from the External Supervision Organ, 1 comes from the Project Managing

Organization, and 1 comes from the City Development and Reform Commission.

Moreover, each district or county should respectively appoint 1 liaison officer to be in

charge of the migrant appealing reception. The liaison officer is responsible for

accepting the appeal in the area of jurisdiction nearby, and keeps in touch with the

accepting group.

7.2 Appeal procedure

Stage1:

If the migrants are dissatisfied with the migrant resettlement plan, they can lodge

an oral or written appeal to the liaison officer, the Villagers’ Committee or the

corresponding Migrant Resettlement Group belonging to a village or a town. If the

appeal is an oral report, the accepting organization should settle the problem and

make a written record. The accepting organization should make a decision and feed

back within 2 weeks.

Stage 2:

If the migrants are dissatisfied with the decision made in stage 1, they can lodge a

complaint to the Migrant Resettlement Office of Xi’an City, which takes charge of the

loan from the World Bank, or to the Appeal-Accepting Group after receiving the

decision. The concerned organization should make a decision and feed back within 2

weeks.

Stage 3:

If the migrants are still unsatisfied with the disposal decision made in stage 2,

they can appeal to the National Territory Bureau of Xi’an City after receiving the

decision made by the Migrant Resettlement Office or by the Appeal-Accepting Group

subordinated to the External Supervision Organ, the National Territory Bureau of

Xi’an City should make a decision within 10 days.


34

Stage 4

If the affected persons are still unsatisfied with the arbitrated decision made by

the administrative arbitration organization in stage 3, they, after receiving the

decision, can sue to the Court of People for any flaw of the migrant placement,

according to the

Civil Procedure Law.

The above-mentioned appealing ways are supposed to be known to the migrants

through the villagers conference or other ways to make the migrants full realize and

understand their right of appeal.


35

8. Institute Organization and Duties

8.1 Executing organ

The executing organ of this project is the Development and Reform Committee

of Xi’an City. To ensure the smooth implementation of the project, the Leading

Group of Xi’an’ Urban Comprehensive Transportation Improvement Project with the

World Bank’s Loan is to be set up. This leading group is constituted by leading

members from the Development and Reform Committee of Xi’an City, the

Construction Committee of Xi’an City, Cultural Relic Bureau of Xi’an City, People’s

Government of Hu County and other relevant governmental institutions, and experts

on policy of migrant resettlement and engineering technique. Its duties are to make

decisions on significant problems in the process, coordinate different organizations,

instruct and supervise the work of the implementing agency and ensure enough

respect and protection on relevant policies and laws and on various legal rights of the

migrants. The leading group has its own office being responsible for daily work.

8.2 Implementing organ

The implementing organ of this project is the Infrastructure Construction and

Investment Company of Xi’an City, which is responsible for the implementation and

coordination of land requisition and removal. It also implements various policies on

migrant removal and resettlement. The company will have a land requisition and

removal office. Its tasks are as follows:

1. Organize and coordinate land requisition compensation and relocation in the light

of decisions of the Leading Group and People's Government of Xi’an, and sign land

requisition and removal agreements with the Land Requisition and Coordination

Office of each district.

2. Investigate and study land requisition and relocation, listen to the affected units and

persons’ suggestions, accept various complaints, and render replies and treatment in

time.

3. Supervise and check the payment and usage of land relocation fees.

4. Instruct relevant district, county, towns, villages, communities (street office) and

enterprises to restore the economy and conclude as well as exchange experiences.


36

8.3 Coordination organ

The coordination organ of the project is the Land Requisition and Removal

Office in each affected district and county and their responsibilities are as follows:

1. Check and confirm requisitioned lands, demolished houses, removed special

felicities, and ground attachments in the village in the light of tasks and requirements

brought forth by the Land Requisition and Relocation Office of the Infrastructure

Construction and Investment Company of Xi’an City.

2. Evaluate the replacement value of the removed facilities and work out

compensation standards.

3. Sign land requisition and relocation agreements with affected units and individuals.

4. Pay compensation fees;

5. Implement land requisition and relocation in the village and ensure the construction

of new houses and the progress of relocation

6. Investigate and study land requisition and relocation, listen to the affected units and

persons’ suggestions, accept various complaints, and render replies and treatment in

time; for unmanageable problems, report to the Project Leading Group in time.

7. Supervise and check the usage of land requisition and relocation fees in villages.

8. Coordinate, check, and supervise towns, communities, villagers’ committees and

enterprises to formulate economy restoration plans.

9. Report periodically to the Land Requisition and Relocation Office of the

Infrastructure Construction and Investment Company of Xi’an City and submit

relevant statistics in time.

10. All affected towns and villages as well as villagers’ committees should appoint

full-time coordinators to assort out and participate in land requisition and relocation,

and implement economic restoration plans and measures along with village and

township governments as well as villagers’ committees.

8.4 Internal supervision organ

The Infrastructure Construction and Investment Company of Xi’an City will

have a Land Requisition and Relocation Internal Supervision Office, which is made

up of 3 persons. Its responsibilities are to ensure that the Land Requisition and

Relocation Organizations at all levels are able to fulfill their duties well, and

supervise, investigate and deal with any ill behavior of violating relevant policies,


37

laws or regulations or of infringing migrants’ rights and interest or of preventing the

process of the project, so as to carry out the scheme of Land Requisition and

Relocation Action Plan and safeguard the affected persons’ rights and interests.

8.5 External supervision organ

The external supervision organ of the project is Shaanxi Academy of Social

Science, which is the largest professional studying organization on social science. It

has lots of experts on economics, sociology, management study and psychology, etc.

and also has rich experience in external supervision on migrant resettlement with

loans from the World Bank and Asia Bank. The external supervision organ will be

directly administered by the Leading Group of the Project. Its duties are: monitor and

evaluate the whole process of land requisition and migrant relocation by professional

means; monitor the migrants’ participation in the process of the project and the

observance of various laws and regulations; evaluate the influence of the project to

the migrants and the relevant units; examining the performance of the

implementation organ from a long-term perspective and put forward evaluation

opinions and suggestions on the implementation effect of the project, provide the

project management department with pre-warning system, and offer a channel to

migrants for reflecting opinions.

Table 8.1 Framework of organizations for migrants resettlement

Leading group of World Bank’s Loan Project of Xi’an City(Office)

External supervision organ.

�6KDQQFi A

cademy of social science�

Xi ’an in frastructure construction investment company

Removal and resettlement office of each sub-project

Leading group of each sub-project (office) Removal and resettlement office

The affected villagers’ (residents’) Committee

The affected persons

Internal

supervision office


38

After the demolition and removal work is finished, the organizations would

repeal on its own, parts of the duties can be shifted to the later project construction

management organization.

9. Plan Implementation

9.1 Implementing procedure

All the work of land requisition, house demolition, removal and resettlement will

be completed one month before the project is kicked off. The whole plan is divided

into three stages: (1) preparation, (2) implementation; (3)

check/supervision/evaluation (internal and external supervision will be implemented

in the whole construction process).

1. Preparation

(1) Establish organizations at all level governments for demolition and removal. The

work is supposed to be organized and carried out by People’s Government of Xi’an

City.

(2) Give extensive publicity for the land requisition and removal through a variety of

ways such as newspaper, radio, TV, and announcement to obtain the understanding

and support of the affected units, individuals, and the whole society. The work of

propaganda and explaining policy on demolition and removal will be implemented by

the Infrastructure Construction and Investment Company of Xi’an City. Investigation

about the knowing rate of relevant policy should be carried out by the External

Supervision Organization among migrants before the end of the preparation stage.

(3) Bury land-using boundary piles to fix the boundary of the land used for the project

with permanent signs. Measurement and setup of boundary piles are implemented

jointly by the Infrastructure Construction and Investment Company of Xi’an City and

the Demolition and Removal Office at all levels along the line.

(4) Carefully measure and confirm the variety and quantities of lands, houses, and

other facilities affected on the spot. The work should be implemented by the


39

Infrastructure Construction and Investment Company of Xi’an City with the

cooperation of the Land Requisition and Resettlement Office at all levels along the

line.

2. Compensation implementation

(1)The Infrastructure Construction and Investment Company of Xi’an City signs land

requisition and removal agreements with the districts (counties) affected; and

government of each district (county) signs land requisition and removal agreements

with town, community, villagers committee, corporate and governmental units, and

individuals affected.

(2) The Infrastructure Construction and Investment Company of Xi’an City and the

Land Bureau of Xi’an City submit land requisition documents.

(3) The Infrastructure Construction and Investment Company of Xi’an City earmarks

house compensation to each affected district (county) government through relevant

banks.

(4) Each village, township and county government will select the site along with the

affected persons and enterprises and determine house structure and start construction.

(5) Land compensation and relocation subsidy fees are usually paid to villagers’

committee (adjust lands within the village scope again), and house removal

compensation fee is paid the affected persons directly. Land cultivation fee is paid to

the land management department directly to cultivate new farmland.

(6) The district and county governments at all levels earmark land compensation n

and house demolition fees to the community, town and villagers’ committee via

relevant banks.

�7�Each government of district or county and street or town reallocates land to persons who lost land.

�8�Each government of district or county pays compensation fees for house, seedling, and various attached facilities, transition subsidy, and removal subsidy to all

affected persons and various compensations to affected enterprises.

�9�Each government of district or county pays compensation fees for building infrastructures at the new residential sites to the villagers’ committee and helps them

to build infrastructure facilities.

�10�After the affected persons move into new houses, their old houses will be demolished. Village and township governments as well as villagers’ committees are in


40

charge of demolishing all attachments on the land, eliminating seedlings and

transferring the lands to the construction unit after all works are completed.

3. Restoration

Main tasks are:

(1) Adjust lands;

(2) Establish economic restoration plans and measures;

(3) Offer technical trainings for the affected persons.

4. Checking

Internal supervision: it will be a continuous work, beginning from the start of

land requisition and removing and ending after the completion of the project. In

addition, Land Requisition and Removal Office and Supervision Office are

responsible for daily check and supervision to ensure that the project is carried out in

the light of articles of RAP.

External supervision: Firstly, carry on social economy inquisition , then go on

working till the end of the project, and generally evaluate the effect of the demolition

and relocation on a whole after the completion of the project.

Checking contents:

(1) Payment of compensations to the affected persons and companies in the light of

replacement price;

(2) The affected persons’ removal to new houses after the completion of the new

residence;

(3) Payment of various subsidies to the affected persons;

(4) The construction of infrastructures on the new sites;

(5) Fulfillment of plans and measures for economic restoration and the effect;

(6) Acceptance of the affected persons’ advices, attitudes, and complaints, and the

results of treatment.

9.1.1 Land requisition and compensation

The work of land requisition and compensation is to be carried out jointly by the

relevant organizations. The concrete process is as follows:

1�The project designing unit provides detailed diagram of position of the required land, defines the scope and area of the land.


41

2�The project office apply to the programming department for the programming permit and red line diagram, and send land requisition application to the land

management department.

3�Applying for reply; 4�The Land Requisition and Removal Office negotiates with each relevant town(street) office, and villagers (residents) committee about land requisition and

signs agreement on land requisition compensation with them.

5�Earmark compensation expenses; 6�Transact law procedure; 7�Expropriate the required land for the project.

9.1.2 Production resetting and restoration

Production resetting and restoration is implemented by the affected villagers

(residents) committee, each relevant government of town (street office) is supposed to

assist to perform. The concrete process is as follows:

1�Organize and convene villagers conference or residents congress with

migrants attended, study and formulate overall scheme of land cultivation, land

readjustment, land allocation and production restoration;

2�Announce the overall scheme of land cultivation, readjustment, allocation and production restoration, and ask for further opinions of villagers and migrants;

3�Adjust and allot land; 4�Negotiate with relevant labor force setting units about labor force setting

scheme, and draw up detailed scheme;

5�Guarantee employment of the labor force. 9.1.3 Houses demolition and rebuilding and residents removal.

The workflow for migrants’ house demolition and resettlement is as follows:

1�The engineering design unit provides the scope of the affected houses that needs to be demolished and resettled;

2�The Land Requisition and Resettlement Office carries on investigation about

the quantity and structure of the houses in the scope of demolition and removal with

the cooperation of relevant migrant resettlement groups of town(street office);

3�The Land Requisition and Resettlement Office and relevant migrant

resettlement groups of town(street) office negotiate the compensation standard and the


42

time when to demolish and build houses with the affected migrants and units and ask

for their opinions;

4�The Land Requisition and Resettlement Office and relevant migrant

resettlement groups of town(street) office post up the quantities of the affected

houses, the compensation standard, and the demolition time, and ask for opinions of

families who need to move;

5�The migrant resettlement groups of town(street) office signs agreement on

house demolition and resettlement with families who need to move;

6�The Land Requisition and Resettlement Office and the migrant resettlement groups of town(street) office select the site for the affected families and ask for their

opinions;

7�The Land Requisition and Resettlement Office and relevant migrant resettlement groups of town(street) office transact relevant procedures of land used

for resettlement;

8�The project construction unit signs agreement on house demolition and

rebuilding with the affected families;

9�The migrants get their compensation; 10�The migrants build new houses and move into new residence; 11�Demolish the old houses.

9.2 Progress arrangement

The implementation schedule of land requisition, demolition, and removal of the

Urban Comprehensive Transportation Improvement Project in Xi’an City will be

arranged according to the construction plan of the project, the concrete

implementation plan should follow the following principles:

1�The house demolition and removal should be carried out in several stages, and completed one month before the construction;

2�The affected people should be informed in advance at least 3 months before the removal, and should be given at least 4 months to build new house before the deadline

for demolition. Before new residence is completed, the affected people can stay in

their old houses;

3�The building time is supposed to be fully negotiated with the migrants about, and if necessary, the time could be prolonged appropriately;

4�The land requisition should be completed before the construction begins;


43

5�Land adjustment and allocation should be completed in change of seasons for farm crop;

6�Labor force setting should be completed before land requisition.

10. Budget and Source of Funds

10.1 Estimation of removal and resettlement fees

The estimation of the total expense on the migrants resettlement of the five sub-projects of Xi’an Urban Comprehensive Transportation Improvement Project reaches ��00 RMB Yuan, among which 96161600 is for the migrants resettlement of


44

Xi’an Rural Road Network Construction Sub-Project; 30042000 RMB Yuan for the migrants resettlement of Huxian County Rural Road Infrastructure Construction Sub-Project;. 2383200 RMB Yuan for Xi’an Rural Air Pollution Comprehensive Supervision and Protection Sub-Project; and 7160000 RMB Yuan for the Weiyang Palace Han Dynasty Road Sub-Project. ��00 RMB Yuan for The bus hub of urban south.

The expense on land requisition, demolition and resettlement is included in the

total budget of removal and resettlement, among which are subsidy for permanent

land requisition, subsidy for demolition of houses in city and countryside, and subsidy

for affected enterprises, institutions, shops, infrastructure and ground surface

attachments, etc. For details see the attached reports of each sub-project. General

information on the funds of migrants resettlement of each sub-project is shown in the

following table:

Table10.1 Expense on migrants resettlement of Xi’an Urban Comprehensive

Transportation Improvement Project ( unit: 10 thousand RMB

Yuan)

item

item

Xi’anCityroad

network

sub-project

Huxiancounty

Rural road

construction

sub-project

Weiyang

Palace Han

Dynasty Road.

sub-project

Xi’an

environment

supervision

sub-project

The

bus

hub of

urban

south

total

Land

acquisition

compensation

969 1839.4 3989 164

��

Removal and

Resettlement

compensation

6903.73 911.5 2759 /

� ��

Attachment and

Infrastructure

compensation

276.55 148.4 205 /

� ��

Other tax and

fees

1466.88 104.9 207 74.32 ��

total 9616.16 3004.2 7160 238.32 ��


45

10.2 Source of fund

The fund of this project comes from local finance of Xi’an City and World

Bank’s loan, which are both included in the project’s total budget.

10.3 Fund appropriation

Within the demolition deadline announced in the project notice, the migrant

office should negotiate with the affected people over the land requisition and removal

compensation according to relevant laws and regulations, and therefore sign the

compensation agreement. The migrant office will earmark the subsidy directly to the

migrants within 15 days after the agreement is signed. In a cash compensation

agreement�it should be clearly listed the sum of subsidy, the way and time of the subsidy appropriation, the time of removal, the responsibility of breaking the

agreement and other items agreed in the agreement. In a ownership transference

agreement, it should be explicated the position, area and structure of the resettlement

house..

The following is the flow of the migrants resettlement fund in construction and

land acquisition of each sub-project: the office of Xi’an’ Urban Comprehensive

Transportation Improvement Project appropriate the removal subsidy to the migrant

removal office of each sub-project. The office then submit the appointed bank to

appropriate the money directly to the migrants according to the migrants resettlement

agreement..

Table 10.2 fund flow of compensation for the land acquisition and migrants

resettlement

Land compensation

The

project

office

Migrant office

of county

(district)

town�stree

t�

The village

committee,villagers

team

Resettlement subsidy

The

project

office

Migrant office

of county

(district)

town�stree

t�

The village

committee,villagers

team


46

Young crops and ground

attachment subsidy

The

project

office

Migrant office

of county

(district)

town�stree

t�

The

village

committ

ee

Removal

households

House and attaching facilities

subsidy

The

project

office

Migrant office

of county

(district)

town�stree

t�

Removal

households

Removal compensation and

transitional life subsidy

The

project

office

Migrant office

of county

(district)

town street

Removal households or

relevant units

Compensation for infrastructure

construction of Resettlement site

The

project

office

Migrant office

of county

(district)

town�street

�

Removal households

and construction units

Compensation for scattered trees

The

project

office

Migrant office

of county

(district)

town stre

et The owners

Compensation for rural facilities

of production and life

The

project

office

Migrant office

of county

(district)

town�street�or villagers

team

Compensation for loss of

enterprises and private businesses

The

project

office

Migrant office

of county

(district)

Relevant units or the

owners

Compensation for rebuilding of

the special facilities

The

project

office

Migrant office

of county

(district)

Special charging

department

The construction

units

Compensation

for migrant

resettlement of

the

construction

and land

acquisition


47

Compensation for supporting the

weak groups

The

project

office

Migrant office

of county

(district)

town�stree

t�

the weak

groups

Planning and designing fee

The

project

office

Designing

units

Evaluating fee for management

and supervision

The

project

office

Evaluating units for

management and supervision

The cost of technical training

The

project

office

technical training��units

The cost of implementation and

management

The

project

office

Migrant resettlement

implementation organs at all

levels

The cost of construction unit

management

The

project

office

The cost of examining the design

of file

The

project

office

The consulting and examining

units


48

11. Monitor and Evaluation

For the purpose of insuring a smooth implement of immigration setting work and

realizing appropriate setting, a whole process of monitor will be implemented to terra

levy and immigration setting.

The monitor is divided into inner monitor and exterior monitor inside the migrant

setting organization.

11.1 Inner monitor

Inner monitor organization is responsible for inner monitor work. Content of

inner monitor mainly includes:

1�Payment and use of immigrations’ compensation funds 2�Selection and allotment of the setting region; 3�Support the weak colony; 4�Employment arrangement to the influenced labor force; 5�Migrants’ participation and negotiation during the period of implement.

11.2 Exterior monitor

Shaanxi Social Science Academy is responsible for exterior monitor and

evaluation work. Contents of exterior independent monitor include function of

immigration setting network, terra levy, setting implement progress and

compensation; setting and instauration of dismantled and moved resident, store,

enterprise and public organization; inquisition analysis of production and life level of

Immigration.

The independent monitor organization will follow migrant setting activity of this

project, to evaluate whether the relevant laws of national terra levy, dismantlement

and move, migrant setting is implemented or not in immigration setting work; the

activity Whether matches world bank business policy OP4.12 �involuntary immigration�; level of production and life of immigrant whether enhanced or

maintained as before when there has no project �at least. Independent monitor

organization will put forward suggestions to relevant implement units according to

problems fund in monitor, in order to make problems could be resolved in time in the

process of migrant setting.


49

The external supervision unit will submit Xi’an urban comprehensive

transportation improvement project migrants supervision evaluating report regularly

to the World Bank according to the progressing condition of the external supervision

evaluating work of the each sub-project. According to the frequency of the carrying

out of the external supervision evaluating work, the general report should be

submitted annually before Dec 31st. The project migrants resettlement office should

attach the report when reporting the progress of the migrant resettlement to the world

bank annually.


50

12.Table of Rights and Interests

Affected types Affected

people

Policy of compensation and

resettlement standard

Permanent Land

Acquisition

The

affected

villages

For those whose land is acquired,

compensation shall be paid in terms

of the primary function of the

acquired land. The compensation

fee of land acquisition shall include

land compensation fee, resettlement

subsidy and compensation fee of

over-ground objects which are

attached to the land and young

crops. And the compensation fee of

over-ground attachments and young

crops shall be given to their owners.

As for rearrangement of land within

the group based on head, the land

compensation fee and relocation

subsidy shall equally and averagely

distributed to farmers of the group,

and the compensation fee of over-

ground attachments and young

crops shall be directly granted to

property rights owners.

The relocation subsidy for farmland

acquisition shall be calculated by six times

of annual average production value of the

land.

The compensation fee for farmland

acquisition shall be paid as many as nine

times of annual average production value

of the previous three years.

The total amount cannot surpass thirty

times of the average annual production

value of the previous three years’

production value of the land prior to the

land acquisition.

For details see the attached reports of each

sub-project


51


people



Affected

farmers

Obtain Young crops compensation

fee and labour force resettlement

subsidy�

if the land isn’t readjusted in the

village, the resettlement subsidy

will be directly allocated to the

individual.

if the land is readjusted in the

village, the resettlement subsidy

will be administrated by the village

office to improve the basic

infrastructure or public facilities.

Onerous Transfer of

the state-owned land

Land

owners

( transfer)

As to the onerous use of the state-

owned land, the project construction

unit should first get the permit from

the construction land designing

department of Xi’an city or

concerned district. Then it should

consult with the affected unit on the

land, which will be transfered

onerously after the units are

evaluated in market by qualified

evaluating organizations

Construction land�100-400 thousand

Yuan/mu


52


people



leaseholders

The leaseholders of enterprises and

shops,on condition of being

informed one month in advance, can

have enough time to seek for other

shops to continue their business.

The implementing organization

should provide with renting

infrmation to help them find new

site and meanwhile inform the

affected jobbers 3months in

advance and provide with free

information to help them find new

job as early as possible.

Removal subsidy and the unremovable

facilities are compensated by its

replacement cost

compensation for

house demolition and

relocation

property

rights

owners

�1�methods of removal and

resettlement compensation.

Compensation methods of

demolishment shall be in the form

of monetary compensation or house

property right exchange with equal

monetary compensation.The house

demolishion is based on the

building area,and should be

transferd elsewhere with houses of

the same size and same price.The

methods of removal and

resettlement compensation can be

selected by the removed persons or

leaseholders according to

regulations�

�2�monetary

compensationamount of

inhabitated houses. The amount

House demolishion subsidy�

Brick-concrete 450-1600 Yuan /m2

Brick-wood 260-900 Yuan /m2

concise 150-800 Yuan /m2

removal subsidy�1000 Yuan/family�if

resettled with provided house or money

subsidy, 500 Yuan/family.

Temporary resettlement subsidy�

A. As for the house located within the

first ring road with an area of less

than 30m2 (inclusive), the subsidy

shall be RMB nine Yuan for each

square meter per month; the one

with an area of over 30m2, the

subsidy for that 30m2 shall be

RMB nine Yuan for each square

meter per month and the subsidy

for exceeding part shall be RMB

seven Yuan for each square meter


53


people



of inhabitated houses’ monetary

compensation should be decided

by the replacement principle

according to the market

evaluating unit price and the

house building area.

�3�Relevant fees on house

demolishion and removal.The

housebreaker should disburse

removal subsidy, facility removing

fee and transitional temporary

resettlement subsidy,and provide

the temporary resettlement subsidy

since the end of the transitional

period.

per month.

B. As for the house between the first

ring road and the second ring road

with an area of less than 30m2

(inclusive), the subsidy shall be

RMB seven Yuan for each square

meter per month; the one with an

area of over 30m2, the subsidy for

that 30m2 shall be RMB seven

Yuan for each square meter per

month and the subsidy for the

exceeding part shall be RMB five

Yuan for each square meter per

month.

C. As for the house between the

second ring road and the city-

around expreeway with an area of

less than 30m2 (inclusive), the

subsidy shall be RMB 6 Yuan for

each square meter per month; the

one with an area of over 30m2, the

subsidy for that 30m2 shall be

RMB 6 Yuan for each square meter

per month and the subsidy for the

exceeding part shall be RMB

4Yuan for each square meter per

month.

Demolishion and

removal of

workshops,warehouses

and shops

Enterprises

and shops

According to Xi’an’s

policies,theworkshops,warehouses

and shops are compensated with the

house and land separated. The

Industry land�100-400thousand Yuan/mu

Compensation standard of the

workshops,warehouses and shops�


54


people



houses of them are compensated by

the Xi’an Rural Houses Delolition

Management Implementation Rules,

while the land are compensated by

the character of land , combined

with the local market evaluating

price. Besides, the compenstion

includes the loss of stopping

production and the facilities

removing fees.

The rights and interests of the

employees are not affected during

the removal,including their wages,

medical and social insurance,

dividend and bonus,etc.

The employees won’t lose their jobs

as a result of the removal.The

affected jobbers will be informed 3

months in advance, provided with

free job information and helped to

find jobs as early as possible.

The workshops,warehouses and

shops will be informed in advance

and provided with free renting

information about shops of the same

size in the same region, so that they

can have enough time to find

suitable houses to maintain their

normal operation and get the

removing fees.

brick-concrete� 390-5500 Yuan

/m2

brick-concrete� 5400 Yuan /m2

concise structure� 150-5300 Yuan

/m2

removal

subsidy of the workshops,warehouses and

shops�500 Yuan /family

Ground attachments

and public facilities

property

rights

The project unit compensates to the

property rights owning unit or the

Compensation for attachments:

Fruit tree 130-170 RMB Yuan


55


people



owners property rights owner. Fishpond 18000-22000 RMB Yuan

Other tree 17-25 RMB Yuan

Public facilities:

Compensated completely by the

replacement price

general report on migrant resettlement...

Documents