Shandong Confucius and Mencius Heritage Preservation and Development Project Financed by World Bank

Resettlement Action Plan (Zoucheng County-level City)

Jining City, Shandong

October, 2010

Letter of Commitment

Zoucheng People’s Government plans to apply for World Bank (WB) loans to protect and develop Confucius and Mencius Heritage Sites. A Resettlement Action Plan (RAP) was written to act as the project basis for the land acquisition, house demolition and resettlement work in line with the relevant national and local laws and regulations and WB resettlement policies.

Zoucheng People’s government made the following commitments:

1. Budget funds in RAP will be included in the total project investment budget and the fund will be in place on time.
2. The draft resettlement plan was discussed and approved by Zoucheng People's Government and the relevant agents.
3. Zoucheng WB PMO is responsible for overall project implementation and the resettlement management work authorized by Qufu People's Government.

Signature

Date

Preface

1. Object of RAP

The purpose of Resettlement Action Plan (RAP) is to supply protection and opportunities for resettlement work in World Bank financed projects, working out a resettlement action plan aimed to improve their livelihood and living quality or at least make their living get restored or better after the project completion.

2. Basis of RAP

RAP is written based on national/local policies and regulations and OP4.12 Involuntary Resettlement made by WB.

3. Relevant technical terms and definitions

⑴ The qualification of compensation

① People who have formal legal rights of land(including persistent and traditional rights recognized by the country) can get land compensation and other assistance, and loss compensation of properties other than land.

② On condition that people who do not have formal legal land rights but requesting land or property compensation at the beginning of the census. Such requests are approved by national law or recognized through the confirmation process in RAP. These people can get compensation for lost land and other assistance, and loss compensation of properties other than land.

③ Those who occupy the land but have not been recognized to have legal rights may obtain the resettlement assistance to compensate their loss of undocumented occupation of land, as well as other necessary help, provided that their land occupation is earlier than the cut-off date regulated by borrower and allowed by World Bank (The closing date is the date of starting date of the census. And it can also be designated time regulated by project area, provided that the circumstances of the project area is disseminated before the census and can continue the dissemination in order to prevent the influx of outsiders). People who invade the land of project area after cut-off date do not have resettlement status, and can not obtain compensation, any form of resettlement assistance and property compensation other than land compensation.

⑵ Compensation and resettlement measures

To resolve or eliminate the impact of relocation and losing houses due to compulsory land acquisition, losing income and means of subsistence, a RAP or a resettlement policy framework should be prepared which covers the following topics:

a. Appropriate measures should be taken in the RAP or resettlement policy framework t to ensure the following contents of resettlement:

① The APs are informed of their options and other rights in resettlement.

② For the technical and economical feasible options, the APs can take part in the consultation, and have the rights to choose the option.

③ The APs can get effective compensation to cover the direct property damage caused by the project based on replacement cost. Replacement cost is a property evaluation method which is used to determine the costs of replacement for the losing property and payment cost of transaction. When this method is adopted, the depreciation of the physical construction and assets will not be taken into consideration.

b. If the project impacts include relocation work, measures should be taken in the RAP or resettlement policy framework to ensure the following contents of resettlement:

① Get assistance during the relocation (such as relocation subsidies)

② Get house, residential land or agricultural production sites. Production potential, location advantages and other comprehensive factors of agricultural production sites should be made as close as possible to that was lost.

c. To achieve the objective of this policy, measures should be taken in the RAP or resettlement policy framework if it is necessary to ensure the following contents of resettlement:

① A reasonable evaluation of the transition period should be estimated based on the livelihoods and living standards restoration time. Besides, the APs should get assistance during this period.

② In addition to compensatory measures in Section A ③, the APs can also get assistance in land requisition, credit, training or employment.

Contents

Preface I

Contents V

Contents of tables VIII

Contents of figures VIII

1. Summary 1

1.1 Background 1

1.2 Preparationg and progress 1

1.3 Project contents 2

1.4 Project beneficial area 2

1.4.1 Project beneficial area 2

1.4.2 The affected area 4

1.5 Total investment and fund source 4

1.6 Measures of reducing project impact 5

1.6.1 Planning and designing stage 5

1.6.2 Construction stage 5

1.6.3 RAP implementation stage 6

2.Project impact 8

2.1 Permanent state land occupation 9

2.2 Temporary land occupation 9

2.3 The demolition of urban residential housing 10

2.4 The demolition of shops 11

2.5 Demolished institutions 14

2.6 Undocumented construction 15

2.7 Affected attachments and special facilities 16

2.8 Affected vulnerable groups 17

3 Socio-economic conditions analysis of the affected area 18

3.1 The socio-economic background of project area 18

3.1.1 Shandong Province 18

3.1.2 Jining City 18

3.1.3 Zoucheng county-level city 19

3.2 Sample socio-economic investigation of the affected urban households 19

3.2.1 Age distribution 20

3.2.2 Housing construction area 20

3.2.3 Family annual income and expenditure 20

3.3 Socio-economic survey of affected shops 21

4 Legal Framework 22

4.1 Laws and policies 22

4.2 Project Resettlement Policy 23

4.2.1 State-owned land occupied compensation policy 23

4.2.2 Compensation policy of temporary land occupation 23

4.2.3 Policies of house demolition assessment 23

4.2.4 Urban residential house demolition compensation and resettlement policies 24

4.2.5 Compensation and resettlement policies of non- residential house 26

4.2.6 Compensation policy of undocumented construction 28

4.2.7 Compensation policy of instant replacement price 28

4.2.8 Appendages and special facilities 28

4.2.9 Compensation policy for vulnerable groups 28

5. Compensation standard 30

5.1 Compensation standard for urban house 30

5.2 Compensation standard for non-residential house 31

5.2.1 Compensation standard for shop 31

5.2.2 Compensation standard for institutions 31

5.3 Undocumented house compensation standard 32

5.4 Attachments and special facilities compensation standard 32

6. Resettlement and rehabilitation program 34

6.1 Rehabilitation measures for temporary land occupation 34

6.2 The resettlement of urban residential house 34

6.2.1 Resettlement willingness survey 34

6.2.2 Resettlement program 35

6.3 The resettlement of demolished shops 37

6.3.1 Willingness suvey 37

6.3.2 Resettlement program 37

6.4 Institutions resettlement 39

6.5 Undocumented construction 40

6.6 Affected attachments and special facilities 40

6.7 Vulnerable Groups 41

7. Public participation 43

7.1 Public participation strategy 43

7.2 Ppublic participation process 46

7.3 Policy publication program 47

8 Appealing procedure 47

9 Organization 50

9.1 Resettlement action agencies and responsibilities 50

9.2 Organization Chart 54

9.3 Qualifications of organizations and staff 55

9.4 Measures to strengthen the institutional capacity 56

10 Timetable 58

10.1 Implementation principle of the joint of resettlement and project construction progress 58

10.2 The resettlement implementation schedule for key tasks 59

10.2.1 Principles of making schedules 59

10.2.2 Total progress of the resettlement plan 59

11 Costs and budgets 61

11.1 Fees 61

11.2 Annual funds use scheme 64

11.3 Resettlement funding source 64

11.4 Funds flow and disbursement plan 64

11.4.1 Funds Flow 64

11.4.2 Fund allocation and management 65

12 Monitor and assessment 66

12.1 Internal monitor 66

12.1.1 Implementation procedures 66

12.1.2 Monitor contents 66

12.1.3 Internal monitoring report 67

12.2 External independent monitoring 67

12.2.1 Participatory monitoring 67

12.2.2 Independent monitoring organization 71

12.2.3 Monitoring steps and contents 72

12.2.4 Monitoring indicators 74

12.3 Post-evaluation 75

13 The right table 77

Annex 1: Impact of demolition shops 79

Annex 2: Socio-economic investigation of affected shops 84

Annex 3: Preliminary resettlement willing suvey of affected shops 89

Annex 4: External monitoring and assessment guideline of resettlement 94

Contents of tables

Table11 Project contents of Zoucheng project 2

Table2- 1 Overall impact of the project 9

Table2- 2 Table of permanent state land occupaiton 9

Table2- 3 Table of temporary state land occpation 10

Table2- 4 Impact on demolition of urban residential housing 10

Table2- 5 The overall situation of the demolished shops 12

Table2- 6 Affected institutions 13

Table2- 7 Impact on demolished undocumented building 14

Table2- 8 Impact on attachments and special facilities 15

Table2- 9 Socio-economic investigation table of vulnerable group 16

Table3- 1 Sample suvey of household annual income and expenditure 19

Table4- 1 Laws and policies during resettlement 21

Table5- 1 Compensation standard for the demolition unban houses 29

Table5- 2 Shops demolition compensation standard 30

Table5- 3 Compensation standard for demolition of institutions 31

Table5- 4 Undocumented house compensation standard 31

Table5- 5 Attachments and special facilities compensation standard 32

Table6- 1 Preliminary resettlement willing investigation of demolished urban residential housing 33

Table6- 2 Commercial house and second-hand house market information 34

Table6- 3 Shop information 37

Table6- 4 Resettlement progamme for demolished institution 39

Table7- 1 Plan of Aps’ participating process 45

Table7- 2 Policy publication process 46

Table9- 1 Staff structure of resettlement organizations 54

Table10- 1 Resettlement progress schedule 54

Table11- 1 Compensation budget of resettlement compensation 61

Table11- 2 Yearly investment plan 63

Contents of figures

Figure4- 1 Flow for assessment of house demolition 23

Figure8- 1 Appealing channel 48

Figure9- 1 Organization of resettlement agency 53

Figure11- 1 Fund payment procedure 64

I

1. Summary

1.1 Background

In order to enhance sustainable development of preservation and tourism of Confucius and Mencius cultural heritage and benefit local residents economically, Chinese Cultural Symbol City Office (CCSCO) organizes Jining City, Qufu and Zoucheng county-level cities to apply for loan from the World Bank (WB) to facilitate the implementation of the project construction. The name of the project is Shandong Provincial Confucius-Mencius Heritage Sites Preservation and Utilization Project Financed by World Bank (ID: P120234).

Understanding and awareness of the cultural heritage concept, public heritage preservation awareness, the scientific management level of Relics Protection Management department, local infrastructure, residential and living environment for residents, employment opportunities and income of local residents, local tourism and socio-economic sustainable development will be improved and enhanced after the completion of the project.

1.2 Preparation and progress

Project proposal was completed by Architectural Design and Research Institute of Guizhou Province at the end of February 2010, approved by Shandong Provincial Development and Reform Commission on April 9, 2010.

The feasibility study report has been entrusted to Guizhou Architectural Design and Research Institute, and it was completed in early April, 2010.

Environmental protection design and the Environmental Impact Assessment Report have been entrusted to Environmental Protection Science Research Institute of Shandong Province and the drafts were completed in March 2010.

1.3 Project composition

The construction contents of Zoucheng project includes 3 sub-projects which are shown in table 1-1.

Table 11 Project composition of Zoucheng project

Name of subproject / Project contents / Project implementing units
Comprehensive protection of Mencius cultural heritage / Protection of Mencius Temple / Zoucheng Historical Relic Tourism Bureau
Protection of Mencius Mansion
Mencius Forest protection
Safety defense system
Stone inscription protection
Improvement and infrastructure upgrade of Ancient City Areas in Zoucheng / Improvement and upgrading of historical streets / Zoucheng Housing and Urban-Rural Development Bureau
Mencius primary school construction
Urban Infrastructure facility upgrading of Street A
Committee training
Environment improvement of Zoucheng Old City areas and riverway restoration / Riverway improvement / Zoucheng Water Conservancy Bureau
Traffic facility
Infrastructure facility

1.4 Project beneficial area

1.4.1 Project beneficial area

Zoucheng city is the project beneficial area. It is an important coal industry base which is rich in important tourism resources such as Mencius Mansion, Mencius Temple, Mencius Forest and Yi Mountain. The tourism resources are important basis for the Orient Holy City which is still under static protection for a long time and has not been effectively developed and upgraded.

The construction of the project will promote the protection of Mencius cultural heritages, the image and environment of historical street area. The completion of the project will also promote the integration of Zoucheng’s and Qufu’s tourism development and promote tourism homogenization separation of Zoucheng and Qufu.

The benefits of the project:

(1) The cultural heritage protection and display will effectively protect and inherit local cultural heritage, raise public awareness of heritage preservation, improve the scientific management level of relic management sector and promote the sustainable development of local tourism.

(2) Local infrastructure facilities and environment will be improved by the infrastructure upgrading of ancient city. The improvement of condition of dining, shopping and living will attract more tourists that effectively improve the local tourism income. And at the same time, the development of scenic tourist economy will increase employment opportunities and income for local residents and achieve social and economic sustainable development.

(3) Waterway and river improvement will reduce urban environment pollution and improve water quality, enhance the capacity of flood control and reduce the occurrence of natural disasters.

(4) The project can enhance the development of other related industries such as traffic, communications, hotels, etc.

1.4.2 The affected area

The impacts of resettlement in this project include permanent occupation of state-owned land, temporary land acquisition, houses and ground attachments demolition, relocation of special facilities, etc.