General Report on Migrant Resettlement Plan
Xi’an Urban Comprehensive Transportation Improvement Project
(The World Bank Evaluating Version）
Authorized by： Xi’anDevelopment and Reform Committee
ShaanxiAcademy of Social Science
2008.04
Contents
Purpose of Resettlement Action Plan and Definition of Resettlement Terms...... i
1.General
1.1 Purpose of the project construction
1.2 .Project background
1.3 Contents of the project
1.4 Measures to reduce migrants
1.5 Policy Goals of this report
2. Analysis on the Affected Object Index by the Project......
2.1 The affected land
2.2 The affected houses for households
2.3 The affected non- household houses
2.4 The affected Enterprises and units
2.5 The affected individually-owned business
2.6 The affected over-ground attachment
2.7 The affected population
2.8 The affected population of minorities
2.9 The affected weak group
3. Law and Policy
3.1. Laws and Regulations of People’s Republic of China
3. 2 Regulations and Policy of Shaanxi Province
3.3 Regulations and Policy of Xi’an
3.4 Policy of World Bank
3.5 Resettlement Policies on migrations of the Project
3.5.1 Policies on compensation for Permanent land acquisition
3.5.2 Principles of migrants resettlement for land acquisition
3.5.3 Principle on resettlement for rural relocated residents
3.5.4The resettlement principle of demolished and Relocated shops and enterprise
3. 5.5 Policy on affected over-ground objects attached to the land
4 .Compensation standards
4.1Land requisition compensation standards
4.2 Compensation standards for residential housing
4.3 Compensation standards for non-residential housing
4.4 Public facilities and ground fixtures compensation standards
5. Proposals for Migrants’ Work and Life Resuming
5.1 The resettlement target
5.2 The resettlement principles
5.2.1 Minimization of migrants principle
5.2.2 Equivalent compensation principle
5.2.3 Keystone preferential principle
5.3 General Scheme of the Migrants Resettlement
5.3.1 The layout of residence rebuilding
5.3.2 Production restoration scheme
5.3.3 Organizatio and management of the removal implementation
5.3.4 Training programme
5.3.5 The utilization of resettlement fund and security guarantee
5.4 The resettlement scheme of the individually-owned business
5.5 The resettlement scheme of the enterprises
5.6 The removal and rebuiding plan of the special facilities
6.Public Participation and Information Publication
6.1Public participation modes
6.2 Process of public participation
7. Appeal
7.1 The appeal-accepting organization
7.2 Appeal procedure
8. Institute Organization and Duties
8.1 Executing organ
8.2 Implementing organ
8.3 Coordination organ
8.4 Internal supervision organ
8.5 External supervision organ
9. Plan Implementation
9.1 Implementing procedure
9.1.1 Land requisition and compensation
9.1.2 Production resetting and restoration
9.2 Progress arrangement
10. Budget and Source of Funds
10.1 Estimation of removal and resettlement fees
10.2 Source of fund
10.3 Fund appropriation
11. Monitor and Evaluation
11.1 Inner monitor
11.2 Exterior monitor
12.Table of Rights and Interests
APPENDIX:
Ⅰ Migrants Removal Plan on Xi’an Urban Road Network Improvement Project
Ⅱ Migrants Removal Plan on HuxianCounty Urban Road Network Improvement Project
Ⅲ Migrants Removal Plan on First Stage of Weiyang Palace Han Dynasty Road Protection Project
Ⅳ Policy Framework on Migrants Removal of Xi’an Public Traffic Improvement Project
Ⅴ Migrants Removal Plan on Xi’an Urban Air Pollution Comprehensive Supervision and Prevention Project
VI Migrants Removal Plan onThe bus hub of urban southImprovement Project
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General Report on Migrant Resettlement Plan
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
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General Report on Migrant Resettlement Plan
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.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 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 onThe bus hub of urban southImprovement 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°46′ north 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 LantianCounty, ZhouzhiCounty, HuxianCounty and GaolingCounty.
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 “米” 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, 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.
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).
Road Network Improvement Projec
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).
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.
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 only preservation yard is the newly-built preservation yard in North outskirt..
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.
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.
Cultural Heritage Protection Project
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.
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.