Shanghai APL Municipal Environment Projectfunded by World Bank RP294 Volume 9 (E) Huaxiang,Linkong Pumping Stations and Xujing&Huaxin Water Supply Pipeline Project-vl-English Resettlement Action Plan Shanghai APL Municipal Environment Projectfunded by World Bank Huaxiang,Linkong Pumping Stations and Xujing&Huaxin Water Supply Pipeline Project Resettlement Action Plan Shanghai Water Supply Corp. & Shinan Corp.Ltd 2004. 12 RAP of Shanghai APL Urban Environment Project funded by world bank Team leader: Zhang Mingde Zhou Yazhen Team members: Tang Zhijian Wang Yin Zhang Haichang 1 RAP of Shanghai APL Urban Environment Project funded by world bank ABBREVIATION PLTSAPLMEP Project Leading Team of Shanghai APL Municipal Environment Project SAPLMEPMO Shanghai APL Municipal Environment Project Management Office DPs Displaced Persons SWSCSC Shanghai Water Supply Corp. & Shinan Corp.Ltd TTOSWSCSC Three Towns Office of Shanghai Water Supply Corp. & Shinan Corp. CHLAB Changning House and Land Administration Bureau MHLAB Minhang House and Land Administration Bureau CLS Center of Labor Security LAAO Land Acquisition Affair Office EIMI External Independent Monitoring Institution IME Internal Monitoring and Evaluation NRCR National Research Center for Resettlement SDRC Shanghai Development and Reform Commission RAP Resettlement Action Plan PAPs Project Affected Persons RAP of Shanghai APL Urban Environment Project funded by world bank Contents 1 P ROJECT BACKGROUND ..............................1 1.1 BRIEF INTRODUCTION .1.. .. ...I 1.1.1 Linkong Pumping station .2 1.1.2 Huaxiang Pumping station .2 1.1.3 Xujing & Huaxin water supply pipeline project ........................... ......................... 3 1.2 AREAS AFFECTED AND SERVED BY THE PROJECT .....................................................3 1.2.1 Areas Served by the Project .....................................................3 1.2.2 Areas Affected by the Project .....................................................4 1.3 SOCIAL AND ECONOMIC BACKGROUND OF THE PROJECT AREA . ................................................ 5 1.4 DESIGN PROCEDURE OF THE PROJECT ....................................................7 1.5 TOTAL INVESTMENT AND SOURCE OF CAPITALS OF THE PROJECT .............................................7 1.6 MEASURES TAKEN TO MITIGATE RESETrLEMENT IMPACTS .....................................................7 1.6.1 Stage of Project Planning and designing .....................................................7 1.6.2 Implementing Stage ....................................................8 1.6.3 Resettlement Planning and Implementing Stage . .................................................... 10 2 PROJECT IMPACTS .................................................... 11 2.1 AFFECTED LAND ....................................................1 2 2.1.1 Permanent land Acquisition .................................................... 12 2.1.2 Temporary Land Occupation .................................................... 12 2.2 TEMPORARY BUILDINGS ...14.. . . . .. . . ........................ 14 2.3 AFFECTED POPULATION ...............15.. . . . . . . . ....... 1I 2.3.1 Directly Affected Population .15 2.3.2 Short-term Affected Population .15 2.4 AFFECTED GROUND ATTACHMENTS .16 3 SOCIO-ECONOMIC SURVEY ON DPS AND ENTERPRISES .17 3.1 RESULTS OF SOCIOECONOMIC SURVEY IN THE AFFECTED AREA .17 3.2 RESULTS OF THE SURVEY ABOUT THE BASIC SITUATION OF AFFECTED RESIDENTIAL FAMILIES 18 3.2.1 Families and population .18 1 RAP of Shanghai APL Urban Environment Project funded by world bank 3.2.2 Population age distribution ................................................. 18 3.2.3 Education level ................................................. 18 3.2.4 Employment condition of labor ................................................. 18 3.2.5 Acreage of House Construction ................................................. 19 3.2.6 Family Annual Income and Expenditure ................................................. 19 3.3 SURVEY RESULTS OF TEMPORARY BUILDINGS ............... .................................... 21 4 LAWS AND POLICIES FRAMEWORK ................................................... 23 4.1 MAJOR LAWS AND POLICIES REFERRED IN RESETTLEMENT ................................................... 23 4.2 RELATED LAWS AND POLICIES INVOLVED IN RESETrLEMENT ................................................. 24 4.2.1 Limits of Acquisition and Nature of Compensation ........................... .................... 24 4.2.2 Purviewfor others' house demolition and compensation nature ....................................... 27 4.2.3 Laws and administrative procedure ............................................... 28 4.2.4 Compensation regulations ............................................... 29 4.2.5 Legal Responsibility of the Institute ............................................... 38 4.3 RESETrLEMENT AND ALLOCATION POLICIES OF OUR PROJECT ............................................... 40 4.3.1 Resettlement and Land Requisition Policies ................................................. 40 4.3.2 Compensation Policiesfor Temporary Occupied Land ................................................. 42 4.3.3 Repaid Transfer Policiesfor State Owned Lands ........................... ...................... 43 4.3.4 Compensation Policiesfor Affected Temporary Buildings ................................................ 43 4.3.5 Compensation Policiesfor Affected Ground Attachments ................................................. 43 5 COMPENSATION RATES ................................................... 44 5.1 LAND ACQUISITION ............................................. 44 5.2 COMPENSATION RATE FOR TRANSFER OF STATE-OWNED LAND ............................................. 45 5.3 TEMPORARY LAND ACQUISITION ....................... 45 5.4 TEMPORARY BUILDINGS ....................... 45 5.5 COMPENSATION RATE FOR INFRASTRUCTURE AND GROUND ATTACHMENT ............. ............... 46 6 RESETTLEMENT REHABILITATION PLAN .................. ..................... 47 6.1 RESETTLEMENT OBJECTIVES ....................................... 47 6.2 RESETTLEMENT FOR LAND ACQUISITION ................ .. ..................... 47 6.2.1 Impacts Analysis ...................................... 47 2 RAP of Shanghai APL Urban Environment Project funded by world bank 6.3 RESETTLEMENT PLAN .......................................... 47 6.4 RESTORATION PLAN FOR TEMPORARY LAND USE .......................................... 48 6.5 ALLOCATION OF THE TEMPORARY BUILDINGS .......... ................................ 49 6.6 INFRASTRUCTURE AND GROUND ATrACHMENTS AFFECTED .......................................... 49 7 PUBLIC PARTICIPATION AND CONSULTATION . ...................................... 51 7.1 PUBLIC PARTICIPATION STRATEGY ................................................ 51 7.2 PUBLIC PARTICIPATION PROCESS AND POLICY DISCLOSURE ................................................ 52 8 PROCEDURES OF APPEALING ................................................ 54 9 ORGANIZATIONS ................................................ 56 9.1 IMPLEMENTATION ORGANIZATIONS ................................................ 56 9.2 ORGANIZATIONAL CHART ....................... 57 9.3 ORGANIZATIONAL SENIORITY AND STAFFING .57 9.4 RESPONSIBILITIES OF INSTITUTIONS .58 9.4.1 PLTSAPLMEP .58 9.4.2 SAPLMEPMO .58 9.4.3 HLAB .59 9.4.4 SWSCSC .60 9.4.5 EDI .61 9.4.6 IMEI .61 9.5 MEASURES FOR STRENGTHENING INSTITUTIONAL CAPACITY .61 10 SCHEDULE OF IMPLEMENTATION .63 10.1 PROGRESS JOINT OF RESETTLEMENT AND IMPLEMENTATION OF THE PROJECT .63 10.2 KEY TASKS SCHEDULE IN IMPLEMENTATION OF RESETTLEMENT ACTION .63 10.2.1 Scheduling Implementation of Land Acquisition and Resettlement .63 10.2.2 Overall Plan of Land Acquisition and Resettlement .64 11 COST AND BUDGET ..66 11.1 COST .66 3 RAP of Shanghai APL Urban Environment Project funded by world bank 11.2 ANNUAL INVESTMENT PLAN .................................... 67 11.3 CAPITAL RESOURCE .................................... 67 11.4 CASH FLOW AND ALLOCATION PLAN ...................................... 67 11.4.1 Cash Flow .................................... 67 11.4.2 Allocation Plan .................................... 68 12 MONITORING AND EVALUATION ...................................... 69 12.1 INTERNAL MONITORING AND EVALUATION .................................... 70 12.2 INTERNAL MONITORING AND EVALUATION .................................... 70 13 ENTITLEMENT MATRIX ........................... 73 SKETCH MAP OF THE PROJECT ........................... 75 4 RAP of Shanghai APL Urban Environment Project funded by world bank Table Contents TABLE 1.1 STATISTICS OF BASIC SOCIALAND ECONOMIC STATUS IN 2003 ...........................................6 TABLE 2.1 PERMANENT LAND ACoUISITION .............. ............................................... 12 TABLE 2.2 TEMPORARY LAND OCCUPATION ............................................................. 13 TABLE 2.3 THE CONDITION OF TEMPORARY BUILDINGS ............................................................. 15 TABLE 2.4 DIRECTLY AFFECTED POPULATIONS IN THIS PROJECT ........................................................ 15 TABLE2.5 IMPACTED GROUND ATTACHMENTAND PUBLIC FACILITIES ................................................... 16 TABLE 3.1 ANNUAL INCOME AND EXPENDITURE STRUCTURE OF SURVEYED FAMILIES ......................... 19 TABLE 3.2 BASIC SITUATION OF TEMPORARY BUILDINGS ............................................... .............. 22 TABLE 5.1 COMPENSATION RATES FOR PERMANENT LAND ACQUISITION .............................................. 44 TABLE 5.2 COMPENSATION RATE FOR TEMPORARY BUILDINGS ............................................................. 45 TABLE 5.3COMPENSATION RATE FOR INFRASTRUCTURE AND GROUND ATTACHMENT ........... ............. 46 TABLE 7.1 PUBLIC PARTICIPATION PROCESS OF AFFECTED POPULATION .................... ....................... 52 TABLE 7.2 POLICY DISCLOSURE ............................................................. 52 TABLE 9.1 STAFFING OF THE RESETTLEMENT INSTITUTIONS INVOLVED IN THE PROJECT .................... 58 TABLE 9.2 THE TRAINING SCHEDULE OF RESETTLEMENT ............................................................. 62 TABLE 10.1 THE SCHEDULE OF LAND ACQUISITION AND RESETTLEMENT ..................... ...................... 65 TABLE 11.1 BUDGET FOR RESETTLEMENT ............................................................. 66 TABLE 11.2 ANNUAL INVESTMENT PLAN ............................................................. 67 TABLE 13.1 ENTITLEMENT MATRIX ............................................................. 73 1 RAP of Shanghai APL Urban Environment Project funded by world bank 1 Project Background 1.1 Brief introduction This project is one of the components of Shanghai Urban Environment Project APL financed by the World Bank, which consists of three components: Huaxiang pumping station, Linkong pumping station and Xujing & Huaxin water pipeline. To realize the concentrated water supply of suburban area is an important measure in the 2004-2010 action plan of Shanghai to comprehensively improve the water quality. According to the overall arrangement and coordination of Shanghai Water Authority, Huacao Town of Minhang District and Xujing Town and Huaxin Town of Qingpu District, which are close to Shanghai central city, will be included into the service area of Shanghai Shinan Water Co. Ltd. Their water supply has been formally switched in July, 2004, and all the water works in the three towns will be shut down by June, 2005. Presently water for part of Huacao Town has been supplied by Shinan Water Company, while Xujing and Huaxin are still supplied by local town-owned waterworks. Due to the small scale of the town-owned waterworks and network, poor water quality of water source, simple water treatment process and relatively backward management, the treated water quality is not so good without water supply security, which could not meet the requirements of economy development and the appeal of local residents for the improvement of water quality. Therefore, in August, 2004, the 'Water Supply Plan for the Western Area of Shanghai Shinan Water Company" is co-prepared by Shinan Company and Shanghai Water Planning and Design Research Institute, in which it is projected that by 2007 the total planned water supply quantity of these three towns would be 162,000m3/d, 196,000m3/d by 2010, and 284,000m3/d by 2020. In the plan it is specified that in order to supply water to the western area, it is necessary to expand 1 RAP of Shanghai APL Urban Environment Project funded by world bank Xujing Waterworks, to newly build Linkong pumping station, Huaxiang pumping station and Hongqiao Airport pumping station to meet the requirements of water quantity and water pressure and to improve the radiation capability of the water supply service. This project is planned to be started in the early 2005 and to be completed by the end of December, 2007. 1.1.1 Linkong Pumping station Linkong pressured pumping station is planned to be located on Beizhai Road (between Outer Ring Rd. and Fuquan Rd.) near Linkong Industrial Park. Linkong pressured pumping station is the upstream pumping station of Huaxiang pumping station with the major function of transferring treated water from Changqiao Waterworks of Shinan Company to supply the western area. Linkong pressured pumping station will be built on Beizhai Road(between Outer Ring Road and Fuquan Road) within the municipal planned area of Linkong Industrial Park. It is just to the east of Wangchunhua Hotel, to the north of New Beizhai Road (25m northwards from the planning red line of New Beizhai Road), to the west of Fuquan Road and to the south of the land of Linkong Industrial Park. The planned entry and exit of the pumping station is on the Fuquan Road, and the pumping station has a total area of 4000m2 (e.g. 6mu) whose planning property is defined as the land used for municipal public facilities. Now it's empty land. The designed size of pumping station is 6000m3/h, the diameter of pipes in and out is DN10000 1.1.2 Huaxiang Pumping station Hua Xiang Road Pumping station is planned to be located at west to Beiqing Road and Panlong Port and east to Hua Xiang Road which is 2 RAP of Shanghai APL Urban Environment Project funded by world bank collective plot with an area of 25.6 mu. The service area of water supplying is mainly west Huacao Town and Huaxin Town. The total size is fixed to 6500m3/h, among which the flow of pressured pump is 5000m3/h with the pump lift of 20m; The flow of reservoir pump is 1500 m3/h with the pump lift 36m which can meet the outlet pressure of the pump at 0.34-0.36Mpa. The effective capacity of regulation and storage is fixed at 15000m3 according to the flow of reservoir pump while presuming 10hr's regulation and storage volume of water supply. 1.1.3 Xujing & Huaxin water supply pipeline project The total length of newly built XuJing and Huaxin water supply pipeline is 57.26km. The project is implemented in phases. 32.09km of the pipeline with the diameter of DN500-DN1200mm and material of ball ink cast iron will be laid out by June 2005. 1.2 Areas Affected and Served by the Project 1.2.1 Areas Served by the Project The areas served by the Project is Hua Cao Town of Minhang District and Xujing Town and Huaxin Town of Qingpu District with a beneficial population of more than 200,000. HuaCao Town of Minhang district lies in the north of Minhang District with an area of 45.56km2 and it is merged from three towns named Yuan Jiwang, Zhuzhai and Hua Cao. It is a modernized town integrated with industry, storage and housing which is adjacent to central area on the east, connecting to Xujing Town and Huaxin Town of Qing Pu district on the west and close to Wusong River on the north. Xujing and Huaxin Town of Qingpu District lie in the north east of QingPU which is connecting to Jiading District on the north, adjacent to Minhang District on the east, close to Songjiang District on the South. Hua Xin Town, 3 RAP of Shanghai APL Urban Environment Project funded by world bank as one of the central towns of Qingpu District with an area of 47.6km2, is an industrial town in the surburb of Shanghai Municipality and the center of commerce, service and culture of North Qingpu. Xu Jing Town also has developed industry, real estate and supporting industries and it has got prompt development on economy in recent years taking the location advantage of closely adjacent to central area and HongQiao Airport while depending on the Huqingping Highway, although it is a common town of Qingpu District with an area of 38.5 km2. The detailed location of 3 towns can be seen in Figurel.1. /~~~~~~~~~~~~~~~~~~~~~~~~~~ , - _ I- . , I | JiaDing DistrCict |' ' ;';'JanDs Hua Cao Town o - ~ ~ ~~~~~~~~~ ~~~~~~~~ity2 XuJing Town Sogag Disuict Figure 1.1 Location of Hua Cao Town, Xu Jing Town and Hua Xin Town 1.2.2 Areas Affected by the Project The resettlement impact of this project relates to 3 districts: Qingpu, Minhang and Changning with a directly impacted population of 202. The permanent land occupation of this project is totaled at 31.6 mu, among which 6 mu of Linkong Economic Park occupied by Linkong Pumping station is state land, and 25.6 mu of Guangeng Lang Team, Xinjianong Village, Hua Cao Town, Min Hang District is collective farmland with an impacted 4 RAP of Shanghai APL Urban Environment Project funded by world bank population of 190 from 51 households. During the construction of LinKong Pumping station, the temporary occupation will be 500m2 (equivalent to 0.75mu) of the idle factory land at Lin kong Economic Park with an occupation period of 6 months. Temporarily excavated area for laying out water supplying pipes of Xujing and Huaxin all is non-motor way and greening belt as state land. The temporary buildings to be demolished in this project are all simple structured with an area of 2140 m2 and impacted population of 12. Additionally, there are 12 types of ground attachment affected by this project. 1.3 Social and economic background of the Project Area Qinpu District lies in the south-west corner of Shanghai which is Minhang District's neighbor on the east, connected to Songjiang and Jinshan District on the Southeast , intersected with Jiashan County of Zhejiang Province on the Southwest, blundered to Kunshan Ciry of Jiangsu Province on the Northwest, connected to Jiading District on the north. Xujing Town & Huaxin Town Lie in the east of the Qingpu District. The administrative area of Qingpu District is 675.10km2. According to "Outline of Development Plan of Qingpu District" in Feb.2004, the permanent resident population of Qingpu District in 2005 will be 650,000 among which 63,000 from Hua Xin Town and 80,000 from Xujing Town. The administrative area of Minhang District is 371.7km2 with the length of 30km at the direction of North-south and 31.5km at the direction of West-east. Huacao Town is merged from Yuan Jiwang Town, Zhuzhai Town and Huacao Town. According to the "District Yearbook (2002) ", the registered population was totaled at 54,300 in 2001 among which population in the area to the west of Hengjing and to the north of Panlonggang is 30,200. In 2005, the planned population will be 62,200. Qingpu District is the west gate and back garden of Shanghai and emphasizes on the development of green industry area, leisure tourism area, 5 RAP of Shanghai APL Urban Environment Project funded by world bank special residential area and modern agricultural area harmonizing with the ecological environment and matching the image of international municipality. The current township mechanism of Qingpu District is divided into three levels: new city, central town and common town. Hua Xin Town is an industrial town locating at Shanghai's near suburb as one of the 3 central towns in Qingpu District and the centre of commerce, service and culture of North Qingpu. Xu Jing belongs to common town and its function is positioned to be a 'New Green City Of West Shanghai' suitable for industry, housing and commerce as one important modernized economic town in the suburb of Shanghai. Minhang District is the transportation pivot of Shanghai and the important industrial base, science and technology development center, modern residential area and regional center of commerce and logistics in south-west region of Shanghai as a new city of a modernized international metropolis. HuaCao is an important development area at district level of Minhang. The transportation is very convenient with roads, railways and rivers interveined within the area. Details of basic social and economical status in 2003 please see Table 1.1. Table 1.1 Statistics of Basic Social and Economic Status in 2003 Indicator unit Qingpu District Minhang GDP 108 Yuan 207.8 290.36 First Industry 108 Yuan 9.72 3.77 Second Industry 108 Yuan 128.04 165.81 Industry 1 08 Yuan 122.25 154.81 Third Industry 108 Yuan 69.32 120.78 Total Fixed assets Investment of 108 Yuan 126.3 121.8 the society Total retails of consumables 108Yuan 69.39 70.00 Common budgetary fiscal 108Yuan 52.67 83.18 income Among which: Regional fiscal 108Yuan 23.06 / income 6 RAP of Shanghai APL Urban Environment Project funded by world bank Indicator unit Qingpu District District Power consumed 108 KW/H 22.79 12.6 Amongwhich: Industrial lo8 KW/H 17.1 consumption .- Net income per rural resident Yuan 6602 8118 1.4 Design Procedure of the Project In July 2004, Shanghai Water Works Shinan Co., Ltd entrusted SMEDI to prepare the feasibility study of the water supply project in the western area -Linkong Pressured Pumping station and Hua Xiang Road Reservoir Pressured Pumping station. In Sep.2004, the feasibility study of Lin Kong Pressured Pumping station passed the review of experts from Shanghai Water Authority & Shanghai Municipal Construction and Science Committee and obtained the approval of Shanghai Municipal Construction Committee in Oct.2004. 1.5 Total Investment and Source of Capitals of the project This is an urban infrastructure construction project. Shanghai Water Works Shinan Co., Ltd takes the responsibility of the investment and construction. The construction capital comes from two sources: domestic supporting capital and World Bank Loan. The total investment is estimate to 363million RMB Yuan, World Bank Loan applied is 34.43 million dollars. Among which total expenses of land acquisition, resettlement and relocation is 19.81 million RMB Yuan which is all from domestic bank loan and fiscal appropriation. 1.6 Measures Taken to Mitigate Resettlement Impacts 1.6.1 Stage of Project Planning and designing During the stage of project planning and designing, the designing party and the project owner has adopted the following effective measures in order to reduce the project's impact on the local society and economy: A, Planning stage: Try to attach more importance on the impact to the 7 RAP of Shanghai APL Urban Environment Project funded by world bank local society and economy and take this as a key factor while optimizing and comparing the options. B, Try to to avoid the resettlement: to lay the pipes on the greening belt, middle part or edge of the road, to make round the houses/buildings C, Try to reduce the destroy on roads and bridges by using pipe jacking method when crossing the roads or constructing pipe bridge when crossing rivers. D, Optimize the designing aiming at occupying deserting land and state land and reducing the cultivated land occupation. 1 .6.2 Implementing Stage A. Relieving the impact on urban traffic While constructing, traffic problem may occur because the vehicles' transport might make the traffic more crowed and busy. Thus, the designing part and project owner require the constructing part avoid the rush hour on those busy roads(f.i. night transportation can guarantee the smooth traffic in days) in order to relieve the projects impact on urban traffic. B. Measures for flying dust reduction During the construction of the project, the soil transported is often piled at the construction site until the completion of the project for several months. The floating dust results from wind in dry season and the machines will impact the residents and factories nearby. In order to reduce the impact on the surroundings, sprinkling on the soil surface during the continuous sunny but windy days during the construction period can avoid the floating dust. The construction part should manage the discarded soil according to the plan aiming at keeping the environment tidy: before shipment the clay on wheels should be washed with high-pressure water, not to overload and adopt proper measures on controlling the shower of soil during transportation, at the same time, the construction part should follow the Clean-Keeping system to the roads in front of the construction site and clean up the 8 RAP of Shanghai APL Urban Environment Project funded by world bank discarded soil in time once there is some. C. Control the noise of construction The noise is mainly coming from the construction machines, transportation of construction materials and the treatment on the foundation. Especially during the night, the noise of construction will bring impacts on the nearby residents. In order to reduce the impact on the residents surrounded, it is prohibited to work between 11pm to 6am morrows within the area of 200m of the residential zone; simultaneously the construction part should take the priority on low-noise consideration while selecting the construction equipments and construction method. As to the construction site that must work during night and bring impacts on the residents surrounded, measures of wiping off noises should be adopted on the construction machines, at the same time equipments such as temporary voice barriers might be set up surrounding the construction site or the concentrated residential area in order to guarantee the sound environment quality in the residential area. D. Treatment of domestic garbage The meal and accommodation of the numerous labor will be arranged at the constructing area during the construction. If it is not well arranged for water, electricity and garbage in the temporary site , the sanitary environment in the construction site will be seriously impacted and may result in the decrease of physical strength, especially in summer, if the domestic garbage is left around, mosquitoes and flies will breed or seriously results in the break out of epidemics which will delay the construction of the project and trouble the residents nearby with mosquitoes, flies, stinks and diseases. Therefore, the developer of the project and the construction contractor must contact the environment protection organs and clean up the domestic garbage in time at the construction site; the construction contractor must strengthen the education on the labors at construction site, instruct them not to leave around the castoff and guarantee the sanitary quality of worker's 9 RAP of Shanghai APL Urban Environment Project funded by world bank working and living environment. E. Treatment of the spot castoff at the construction area The project's developer and the construction part should contact with the local environment protection organs to clean up in time the domestic garbage at the construction site in order to guarantee the spot tidy of the construction area. 1.6.3 Resettlement Planning and Implementing Stage When land acquisition and resettlement is inevitable, the following measures will be adopted in order to reduce the local impact from the project construct: A, Strengthen the basic data collection, analyze deeply the current social and economic status, prepare feasible RAP combining the local concrete condition, guarantee the impacted persons not to be suffered a loss from the project's construction. B, Positively encourage the participation of the public and receive the supervision of the public. C , Strengthen the internal and external supervision, establish high-efficient and smooth feedback mechanism and channel, trying to shorten the information treatment cycle in order to assure all the problems occurred during the construction period can be resolved in time. 10 £ RAP of Shanghai APL Urban Environment Project funded by world bank 2 Project Impacts According to the requirement of the World Bank, the PMO organized a special investigation team in Nov.2004 to pursue a detailed investigation on the impacted area's social and economic status, impacted households, businesses and institutes. The investigation takes an integrated manner of investigation and talk. The main content is quantity of land acquired/occupied, number of households to be resettled and population of the household, resettlement area of all types, employees of business and institutes and all types' resettlement area. While taking the investigation on inventories impacted by the land acquisition and resettlement, the impacted towns, villages, teams and households participated in the investigation. The investigation team also collected the idea of residents, business and institutes on the land acquisition and resettlement and widely negotiated with them. After investigation, the impacts of this project relates mainly to the land acquisition, road's temporary excavation and temporary buildings, not relating to the residents' resettlement. The resettlement impacts of this project relates to 3 districts: Qingpu, Minhang and Changning with a directly affected population of 202. The permanent land occupation of this project is totaled at 31.6 mu, among which 6 mu of Linkong Economic Park occupied by Linkong Pumping station is state land, and 25.6 mu of Guangeng Lang Team, Xinjianong Village, Hua Cao Town, Min Hang District is collective farmland with affected population of 190 from 51 households. During the construction of LinKong Pumping station, the temporary occupation will be 500m2 (equivalent to 0.75mu) of the idle factory land at Lin kong Economic Park with an occupation period of 6 months. Temporarily excavated area for laying out water supplying pipes of Xujing and Huaxin all is non-motor way and greening belt as state land. The temporary buildings to be demolished in 1 1 RAP of Shanghai APL Urban Environment Project funded by world bank this project are all simple structured with an area of 2140 m2 and affected population of 12. Additionally, there are 12 kinds of ground attachments affected by this project. 2.1 Affected Land 2.1.1 Permanent land Acquisition The permanent land acquisition in this project is 31.6 mu, among which 6 mu is Linkong Economic Park as state land which will be permanently occupied by Lin Kong Pumping station, another 25.6 mu is farm land collectively belonging to Genglang Team, Xinjianong Village , Huacao Town of Minhang District which will be occupied permanently by Huaxiang Road Pumping station. Please see table 2.1 for details. Table 2.1 Permanent Land Acquisition Permnanent Land Name of the Impacted Area Impacted State land Acquisition (mu)Remark component (village, town) team Acquisition (mu) (mu) Plow land Lin Kong Lin Kong Pumping Economic Park 6 station _ _ _ _ _ _ _ _ _ _ _ Hua Xiang Xin Jia Nong Guan Roadin Village of Hua Genglang 25.6I Putapin Cao Town Team Total _ _ _ _ _ _ _ __ _ _ __25.6 16 __ _ _ 2.1 .2 Temporary Land Occupation In this project, the temporary occupation of land is totaled at 302020m2 (equivalent to 453.05mu ) among which the construction occupation amounts to 500m2 (equivalent to 0.75mu, idle land of a factory in Lin Kong Economic Park ) while constructing Lin Kong pumping station with an occupation period of 6 months; a temporary excavated area of 301520m2 (equivalent to 452.3mu, all is non-motor way and greening belt) while laying out the Xujing and Huaxin water supply pipelines. Details please see table 2.2. 12 RAP of Shanghai APL Urban Environment Project funded by world bank Table 2.2 Temporary Land Occupation Project Impacted Diameter Breadth of Length of Area tyPrect Impacted Area Of pipe Excavation excavation Note Linkong Idle Land of pumping 500 Economic station ParKls plant Subtotal 500 0.75mu or so If's a concrete roadand the Hua Teng Road DN500 2.1 1100 2210 pipe is laid out on its non-motor way It's a cement Huateng,hu road and the ahe Hua Qiang Road DN500 2.1 1850 3885 pipe is laid out Route on its non-motor _ _ _ _ _ _ _ . _ _ _ _ _ _ _ _ _ _ _ _ w ay Ifts an old black tar road who is Ji He Road DN500 2.1 3200 6720 now on extension construction East to Lian You DN800 3.5 5590 19656 Beiqing Rd is a Road DN800 3.5 distnct level Beijing road and the Road ~Xin Feng Road- pp st eli Roading Central Jiasong DN500 2.1 1800 3780 pipe is to be laid Road non-motor way Ifs an old concrete road Zhu Lu Line East Zhu Lu Road DN500 2.1 1150 2415 and the pipe is laid out on the non-motor way DN1000 4 6400 25600 Huqingping Road is a municipal road Outring-Zhenhua with good Road DN1200 4 3470 138800 greening belt Hu Qing and the pipe is Ping Road to be laid out on its greening belt on the side Huqingping DN1200 4 2800 11200 Pipe is to be laid Road-Xujing Plant DN 1000 4 2800 11200 out on its Xin Feng Xinhua Road-North DN500 2.1 1350 2835 Xinfeng is a new Xinfeng Road______white road Central Xinfeng and the pipe Road-Xinfeng DN700 3.5 4500 15750 h nond mto to Road~~~~~~~~~~~~a It's a new black tar road. The Central Jiasong Rd DN500 2.1 2950 6195 Pipe runs across the l__________ ________________ _________ __________ non-m otor w ay 13 RAP of Shanghai APL Urban Environment Project funded by world bank Project Impacted Area Diameter Breadth of Length of Area type Impacted Area Of pipe Excavation excavaion Nole It's a programming blind road in Zhen Hua Road DN1000 4 5360 21440 planning. It is estimated to be implemented in 2006. Hua Xu Road is an old road, the pipe is laid out Huateng DN500 2.1 4710 9891 between road Rd-Beiqing Rd and greening belt, the central is mud Hua Xu _____road Line Ji Zhai Road is a newly expanded tar road (black) . Ji Zhai Road DN500 2.1 2370 4977 The pipe is laid out on itse non-motor way of the road and to the north of Beigwie road Ji Zhai Road is a newly expanded Ji Qu Road DN800 3.5 1900 6650 tis lipd oulatko out on its ) isnon-motor way Ji Qu Line Beijing Road-Es DN500 2.1 2350 4935 Road isuanew Xuin white road Road (Zhu Guang DN500 2.1 1610 3381 is lad out on Subtotal 57260 301520 (452.3mu or Total 302020 (453.05 or 2.2 Temporary buildings The construction area of temporary buildings related to this project with simple structure for demolishment is 2140 M2. Details please see table 2.3. When signing Land Lease Agreement with Genglang Production Team of Xinjianong Village, the renters have agreed that all the houses in the leased area will be constructed by themselves. And meanwhile both parties have agreed that "all the houses will be demolished without any condition if there is any municipal resettlement" 14 RAP of Shanghai APL Urban Environment Project funded by world bank Table 2.3 the condition of Temporary Buildings Name of Firms Construction Area (in2) Structure of the Building Xing Mei Macromolecule Furniture 630 Simple And decoration materials Co., Ltd Shanghai Hongguang Hardware Shop 480 Simple Shanghai New Brick Wall Making Company Limited 1030_Simple Total 2140 2.3 Affected Population 2.3.1 Directly Affected Population According to social and economic investigation, the directly impacted population amounts to 202, among whom 190 persons from 51 households are impacted by the land acquisition of Hua Xiang Road pumping station and 12 persons are impacted by demolishment of illegal buildings. Details please see Table 2.4. Table 2.4 Directly Affected populations in this Project Name of the affected population affected village affected household component I ren N ewj ian on g Huaxiang Road Nwinn pumping station Village of Huacao 51 190 Town Demolishing illegal / / 12 buildings Total 202 2.3.2 Short-term Affected Population In this project temporary land occupies 453.05 mu which is mainly arising from network construction. The land is state-owned and the majority is non-motor way and greening belt on one side of the road. The project will adopt appropriate measures (such as to make the round of residential houses, to take the Pipe jacking construction on roads, to introduce the bridge pipe skills on rivers etc.) on the principle of minimization to reduce the impact. 15 RAP of Shanghai APL Urban Environment Project funded by world bank 2.4 Affected Ground Attachments There are totally 12 kinds of ground attachments and public facilities affected by this project. Please see details in Table 2.5. Table2.5 Impacted Ground Attachment and Public facilities No. Item Unit Quantity 1 Lawn m2 23205 2 Evergreen tree m2 11376 3 Evergreen Tree m2 6188 4 Canna (short haulm) m2 157 5 Flower and m2 432 6 Fragrant Camphor 4p18-25 Pole 5614 7 Fragrant Camphor.1 1-15 Pole 3025 8 Fragrant Camphor.47-1 0 Pole 2803 9 Mulberry.cpl4-20 Pole 156 10 Snow Pineco10-15 Pole 137 11 Sweet-scented osmanthus Pole 269 12 Red Maple Pole 56 16 RAP of Shanghai APL Urban Environment Project funded by world bank 3 Socio-economic Survey on DPs and Enterprises In order to further understand the socioeconomic settings of the project affected area and the basic situation of the affected population, the project management office (PMO) carried out the primary socioeconomic investigation of the project impacted area in Nov., 2004 according to the World Bank's requirements, which will be used as the basic data for the project analysis. And the preparation of the resettlement action plan has also been started by PMO. In addition, since there is no great impact caused by land acquisition and resettlement in this project, PMO has also carried out a socioeconomic census of the affected residents and enterprises, which is done both by questionnaire and interview. 51 directly impacted families are involved in this census. 3.1 Results of socioeconomic survey in the affected area 25.6mu collective-owned land in the rural area will be permanently acquired, involving Guangenlang Team of Xinjianong Village in Huacao Town, Minhang District. The basic socioeconomic situation of Xinjianong Village is as follows: There are totally 305 households in this village with a total population of 1038, 660 of which belongs to agricultural population with the farmland of 700mu. The work force population here is 612 with the occupation structure of 0 for agriculture, 143 for industry, 469 for others (including business, transportation, service, etc.). In 2003 the gross product of this village is 13.62million yuan, all coming from the tertiary industry. The per capita pure income of the peasants in this village is 7560yuan. As for Guangenglang Team in this village, it has a total household number of 51 and a population of 190, 96 of which belongs to agricultural population. There is totally 32mu farmland here with a work force population of 112, among which 0 for agriculture, 18 for industry, 94 for others (including business, transportation, service, etc.). 17 RAP of Shanghai APL Urban Environment Project funded by world bank From the above, it can be seen that because Xinjianong Village of Huacao Town is located in the suburban area of Shanghai, none of the farmers here is now living on agriculture. According to the product composition, the ratio of agriculture product is zero, while the ratio of the tertiary industry product is up to 100%. 3.2 Results of the survey about the basic situation of affected residential families 3.2.1 Families and population 51 households and 190 people were investigated during this household investigation, among which there are 96 peasants; 101 women (53.2% of the total number); 49 workers (25.8% of the total number). 3.2.2 Population age distribution Among the investigated 51 households and 190 people, there are 30 people younger than 16 years old, which accounts for 15.8% of the total investigated population; 37 between 17-22 years old, which accounts for 19.5%; 39 between 26-45 years old, which accounts for 20.5%; 36 between 46-60 years old, which accounts for 18.9%; and 48 older than 61 years old, which accounts for 25.3%. 3.2.3 Education level Among the investigated 51 households and 190 people, there are 7 illiteracies, which accounts for 3.7% of the total investigated population; 47 with the primary education, which accounts for 24.7%; 133 with the secondary education, which accounts for 70.0%; 3 with the vocational education and above, which accounts for 1.6%. 3.2.4 Employment condition of labor Among the investigated 51 households and 190 people, there are 112 work force population, of which 18 work for industry accounting for 16.1% of 18 RAP of Shanghai APL Urban Environment Project funded by world bank the total work force population); 94 work for other business (including business, transportation, service, etc.), which accounts for 83.9% of the total work force population. 3.2.5 Acreage of House Construction Among the investigated 51 households, the floor area of their houses is about 13300m2 with the per household floor area of about 260.8m2, about 95% of which are storied buildings with the brick-wooden structure. 3.2.6 Family Annual Income and Expenditure According to the statistics of the surveyed 51 households, the annual family income per household is 27600yuan, in which Oyuan from agriculture; 8400yuan from enterprises salary accounting for 30.4% of the total annual family income; 12000yuan from business and migrant work accounting for 43.5%; 7200yuan form other sources accounting for 26.1%. The annual family expenditure per household is 19220yuan. As there is no agricultural production, no productive expense is found. In the total family expense, there is 2400yuan for electricity tariff, which accounts for 12.5%; 720yuan for domestic water tariff, which accounts for 3.7%; 3000yuan for communication expense, which accounts for 15.6%; 6000yuan for offspring education, which accounts for 31.2%; 2400yuan for medical care, which accounts of 12.5%; 1200yuan for fuel, which accounts for 6.2%; 3000yuan for non-staple food, which accounts for 15.6%; 500yuan for electric appliances and furniture purchasing, which accounts for 2.6%. The income and expenditure structure is shown in Table 3.1. Table 3.1 Annual income and expenditure structure of surveyed families Item Per household (Yuan) Per capita (Yuan) Percentage(%) Annual Agricultural / family income income Enterprises 8400 2252.0 30.4% salary income 19 RAP of Shanghai APL Urban Environment Project funded by world bank Item Per household Yuan) Per capita 'Yuan) Percentage(0%) Income of 12000 3217.2 43.5% migrant work Other income 7200 1930.3 26.1% Total of annual 27600 7399.5 100.0% income Seeds Pesticide, / / / fertilizer Tariff for / / / irrigation water Machine / / / operation charge Electricity tariff 2400 643.4 12.5% Domestic wate 720 193.0 3.7% tariff 7013037 Annual Communication 3000 804.3 15.6% family Offspring expens education 6000 1608.6 31.2% expense Medical care 2400 643.4 12.5% expense Fuel cost 1200 321.7 6.2% Non-staple 3000 804.3 15.6% food expense Electric ppliance, furniture, 500 134.0 2.6% etc. Total of annual 19220 5152.8 100.0% expense net income 27600 7399.5 From the above analysis, it is found that the per capita net income of the investigated rural families is 7399.5yuan, in which the enterprise salary and income from migrant work accounts for up to 73.9%, which is relatively high. In addition, because Xinjianong Village of Huacao Town is located in the suburban area of Shanghai, on one hand, the farmers' houses are relatively big,(260.8m2 per household), on the other hand, the migrant flow moves so quickly. Therefore, the house rental market here is very active, the other 20 RAP of Shanghai APL Urban Environment Project funded by world bank income mainly from house rent accounts for 26.1% in the total income, while the ratio of agricultural income is zero. To sum up, the families in the project impacted area is no more living on land, that is, they are quite independent of the land. 3.3 Survey results of temporary buildings The temperary buildings related to the project will be located in the acquired collective-owned land of Genglang Production Team of Xinjianong Village. When signing Land Lease Agreement with Genglang Production Team of Xinjianong Village, the renter has consented that all the houses in the leased area will be constructed by the renter himself. And meanwhile both parties have agreed that "all the houses will be demolished without any condition if there is any municipal resettlement". The temporary buildings will be mainly used as the warehouses for storing raw material, semi-finished products and finished products by the renter. The compensation for the temporary buildings in this project will be done according to the resettlement cost of the structure, but not for the land use. The basic situation of the temporary buildings is shown in Table 3.2. 21 RAP of Shanghai APL Urban Environment Project funded by world bank Table 3.2 Basic situation of temporary buildings Enterprise name Area Business scope Staff number Average salary Floor area (m2) House structure ____ ____ ____ ____ ____ ____ ____ (m u ) __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (Y uan/m o nth) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Xinmei Macromolecule Furniture & 5 Furniture & decoration 4 810 630 Simple Decoration material Co. Ltd. Shanghai Hongguang Hardware 4.5 Hardware & construction 3 800 480 Simple Business Dept. material Shanghai Zhuandian New Wall 7.7 Construction material 5 780 1030 Simple Body Manufacture Co. Ltd. Total 17.2 12 2140 22 RAP of Shanghai APL Urban Environment Project funded by world bank 4 Laws and Policies Framework 4.1 Major Laws and Policies Referred in Resettlement State laws and regulations: > Land Administration Law of Peoples Republic of China (Enforced since Jan. 1st, 1999) > Law of the Peoples Republic of China on the Administration of the Urban real Estate (Enforced since Jan.1 st, 1995) > Ordinance on the Administration of Urban House Demolishment and Resettlement (Enforced since Nov.1 st, 2001) ) Some guiding opinions on the improvement of compensation and resettlement system for land acquisition (issued by Ministry of State Land Resource (2004) No.238) (Enforced since Nov. 3st, 2004) i Interim Regulation of the People's Republic of China conceming the Assignment and Transfer of the Right to the Use of the State-owned Land in Urban Area (Issued and enforced on May 19th, 1990 by State Council of the People's Republic of China, Decree No. 55) Local regulations and policies: > Procedures of Shanghai Municipality for the Implementation of "Land Administration Law of Peoples Republic of China" ( Passed on Feb. 4th, 1994 by the 7th meeting of the Standing Committee of the 10th Shanghai People's Congress, and revised on Nov. 17 th, 2000 by the 23rd meeting of the Standing Committee of the 11th Shanghai People's Congress according to "Decision of revising 'Procedures of Shanghai Municipality for the Implementation of "Land Administration Law of Peoples Republic of China""' passed on May 27th, 1997 by the 36th meeting of the Standing Committee of the 10th Shanghai People's Congress) > Provisions of Shanghai Municipality on the compensation and 23 RAP of Shanghai APL Urban Environment Project funded by world bank resettlement of the demolished houses in the collective-owned land (Issued by Shanghai Municipal Government on Jan. 10th, 2002) > Rules for the implementation of Urban House Demolishment Administration of Shanghai Municipality (Issued on Oct.29th, 2001 by Shanghai Municipal Government, Decree No. 111) > Resettlement Procedure for Agricultural Population in the acquired collective-owned land for Shanghai house construction > Administrative procedure of the employment and social security of the agricultural population in the acquired collective-owned farmland of Shanghai (Issued by Shanghai Government [2003] No.66) Policies of World Bank > World Bank OP4. 12 Involuntary Resettlement and Appendix (January 1 st 2002 come into force) > World Bank BP4. 12 Involuntary Resettlement and Appendix (January 1 st 2002 come into force) 4.2 Related Laws and Policies Involved in Resettlement 4.2.1 Limits of Acquisition and Nature of Compensation Land Administration Law of Peoples Republic of China prescribes: Article 43 Any unit or individual that needs to use land for construction must apply for the use of state-owned land in accordance with law Article 44 For occupation and use of land for construction involving turning agricultural land into land for construction, formalities of examination and approval for turning agricultural land into other uses should be completed. Occupation and use of land involving turning agricultural land into land for construction for construction projects of roads, pipelines, cables and big-size infrastructure approved by people's governments of the provinces, autonomous regions and municipalities directly under the Central Government and construction projects approved by the State Council shall be subject to the approval of the State Council. 24 RAP of Shanghai APL Urban Environment Project funded by world bank Turning agricultural land into land for construction for the implementation of the said planning within the scale of land for construction for municipalities and villages and townships determined by the overall planning for land utilization shall be subject to the approval of the organ that originally approved the overall planning for land utilization in batches in accordance with the annual land use plan. Within the scope of agricultural land turning into other uses already approved, land for specific construction projects can be approved by municipal and county people's governments. Occupation and use of land involving turning agricultural land into land for construction for construction projects other than those prescribed in the Second Paragraph and Third Paragraph of this Article shall be subject to the approval of people's governments of the provinces, autonomous regions and municipalities directly under the Central Government. Article 45 Requisition of the following land shall be subject to the approval of the State Council: (1) Basic farmland; (2)Cultivated land other than the basic farmland exceeding 35 hectares; and (3) Other land exceeding 70 hectares. Article 47 For requisition of land, compensation shall be given in accordance with the original use of the requisitioned land. Article 58 The right to use of state-owned land may, subject to the approval of the people's government that originally approved the use of land or the people's government with authority of approval upon submission by the competent department of land administration of the people's government concerned, be withdrawn for any of the following circumstances: (1) Land use required for public interest; (2) Adjustment in land use necessitated by reconstruction of old urban districts in implementing urban planning; 25 RAP of Shanghai APL Urban Environment Project funded by world bank Law of the Peoples Republic of China on the Administration of the urban real Estate prescribes: Article 22 Allocation of land use right means that approved by the government over country level, after the land users have paid compensation, relocation costs etc., they can use the land, or they can get the land use right free of charge. Article 23 If the land use of the following land for construction is really necessary, it can be approved and allocated by the government over country level: land for urban infrastructure and public utilities, land for energy, transport, water conservancy etc, project which are the state key projects. Procedures of Shanghai Municipality for the Implementation of "Land Administration Law of Peoples Republic of China" related regulations: Article 26 Existing construction landuse or newly increased construction landuse approved by the State Council should be reviewed by the municipal land administration departments and approved by the municipal government with the drafted land supply plan, if in the following cases: (1 ) The municipal key areas and the land for construction on both sides of the key roads identified by urban planning; ( 2 ) The construction projects approved by State Council, related departments of the State Council, enterprises listed separately on state plans and municipal government; (3) Trans-district(Trans-county) construction projects; (4) Other construction land with the requirement of the approval of municipal government. Except the landuse prescribed in the above article, the use of existing construction land or newly increased construction land approved by the State Council should be reviewed by the district (county) land administration departments, and the land supply plan should be drafted for the approval of district (council) government and put onto records in the municipal land 26 RAP of Shanghai APL Urban Environment Project funded by world bank administration departments. World Bank OP4. 12 Involuntary Resettlement 15. Criteria for Eligibility. Displaced persons may be classified in one of the following three groups: (a) those who have formal legal rights to land (including customary and traditional rights recognized under the laws of the country); (b) those who do not have formal legal rights to land at the time the census begins but have a claim to such land or assets-provided that such claims are recognized under the laws of the country or become recognized through a process identified in the resettlement plan (see Annex A, para. 7(f)); and 19 ) (c) those who have no recognizable legal right or claim to the land they are occupying. 4.2.2 Purview for others' house demolition and compensation nature Ordinance on the Administration of Urban House Demolishment and Resettlement prescribes: Article 6 Enterprises for house demolition cannot carry out demolition until they have got House Demolition License. Article 22 The demolishers should compensate the demolished due to the Regulations. Rules for the implementation of Urban House Demolishment Administration of Shanghai Municipality prescribe: Article 3 The definitions of the following words in this rule: (1) Demolisher, referring to the agency with the House Demolishing License. (2) Resettler, referring to the owner of the demolished houses. (3) House renter, referring to the agency and individual with the legal lease agreement with the resettler. Article 5 The demolisher should compensate and resettle the resettler and 27 RAP of Shanghai APL Urban Environment Project funded by world bank house renter in compliance with this rule; the resettler and house renter should remove within the removing time limit. 4.2.3 Laws and administrative procedure Land Administration Law of Peoples Republic of China prescribes: Article 46 For land requisitioned by the state, local people's governments at or above the county level shall, upon approval pursuant to legal procedures, make an announcement and and organize its implementation. Owners and persons of the right to use of the requisitioned land should,within the specified time period of the announcement, bring the ownership certificates to the competent department of local people's government to enter into registration for compensation for land requisition. Ordinance on the Administration of Urban House Demolishment and Resettlement prescribes: Article 8 When house demolition administrative departments issues permission for house demolition, they should publicize demolisher, demolition scope, demolition term etc. in permission in form of house demolition notice. House demolition administrative departments and demolishers should undertake propaganda and explanation to the demolished. Rules for the implementation of Urban House Demolishment Administration of Shanghai Municipality prescribe: Article 12 The construction agency with the requirement of house demolishment should apply for the house demolishing license to the local district/county real estate bureau before the demolishment. And for the key municipal construction project concerning house demolishment, application should be submitted to the municipal real estate resource bureau. The following documents should be submitted when the construction agencies apply for the house demolishing license: ( 1 ) Approval documents for the construction projects; (2) Planning license for construction land; 28 RAP of Shanghai APL Urban Environment Project funded by world bank (3) Approval documents for the authorization of state-owned land use; (4) Resettlement plan and scheme; ( 5 ) Deposit certificate of the special deposit account for the compensation and resettlement fund issued by the municipal bank; (6) Certificate of resettlement houses with clear ownship and free of right load. The deposit amount regulated in the 5th item of this article should be no less than 30% of the total amount of the compensation and resettlement fund. If the sum of the deposit amount and the resettlement house value is not enough for the total amount of compensation and resettlement fund, the timetable of different phases for fund preparation should be clarified in the resettlement scheme of the construction scheme. The resettlement houses specified in the 6th item of this article should meet national quality safety standard and the supporting requirements for the public buildings of Shanghai Municipality. 4.2.4 Compensation regulations 4.2.4.1 Compensation for acquired land Land Administration Law of Peoples Republic of China prescribes: Article 47 For requisition of land, compensation shall be given in accordance with the original use of the requisitioned land. Compensation fee for the cultivated land requisitioned include land compensation fee, subsidy for resettlement as well as compensation fee for ground appendixes and young crops. Land compensation fee for the cultivated land requisitioned shall be six to ten times of the average annual output value in the three years prior to requisition.Subsidy for resettlement for the cultivated land requisitioned shall be calculated on the basis of the agricultural population that requires resettlement. The agricultural population that requires resettlement shall be calculated on the basis of the amount of cultivated land requisitioned divided by the average per capita occupancy of 29 RAP of Shanghai APL Urban Environment Project funded by world bank cultivated land of the unit requisitioned. The rate of subsidy for resettlement per head of the agricultural population that requires resettlement shall be four to six times of.the average annual output value in the three years prior to requisition of the said cultivated land. However, the maximum subsidy for resettlement for cultivated land requisitioned per hectare shall not exceed fifteen times of the average annual output value in the three years prior to the requisition. The rate of land compensation fee and subsidy for resettlement for the requisition of other lands shall be fixed by the provinces, autonomous regions and municipalities directly under the Central Government, taking the rate of land compensation fee and subsidy for resettlement for the requisition of cultivated land as reference. Rate of compensation for ground appendixes and young crops on the requisitioned land shall be fixed by the provinces, autonomous regions and municipalities directly under the Central Government. For requisition of suburban vegetable plots of municipalities, the land use unit should, pursuant to relevant state provisions, pay to the new vegetable plot development and construction fund. Additional subsidy for resettlement may be provided for those peasants who require resettlement and cannot maintain their original living standards on the basis of land compensation fee and subsidy for resettlement the payment of which is effected pursuant to the provisions of the Second Paragraph of this Article subject to the approval of people's governments of the provinces, autonomous regions and municipalities directly under the Central Government. However, the total of land compensation fee and subsidy for resettlement shall not exceed thirty times of the average aannual output value in the three years prior to requisition of the land. The State Council may, in accordance with the level of socio-economic level, increase the rate of land compensation fee and subsidy for resettlement 30 RAP of Shanghai APL Urban Environment Project funded by world bank under extraordinary circumstances. Article 54 Use of state-owned land for a construction project should be obtained in the form of paid-for use such as transfer; however, the following use of land for construction may be obtained in the form of appropriation subject to the approval of people's government at or above the county level in accordance with law: (1)land use by state organs and land use for military purposes; (2)land use for urban infrastructure and land use for non-profit undertakings; (3)land use for such infrastructure as energy, communications and water conservancy to which the state renders key support; and (4)other land uses prescribed by laws and administrative regulations. Article 57 Construction of a construction project and geological survey that need to temporarily use state-owned land or land collectively owned by peasants, it shall be subject to the approval of the competent department of land administration of people's government at or above the county level.Among which, for temporary use of land within an urban planning zone, consent of the competent department of urban planning should be sought first prior to submission for approval. The land user should conclude a contract for the temporary use of the land with the competent department of land administration concerned or the rural collective economic organization and villagers' committee in accordance with the ownership of the land, and effect the payment of compensation fee for the temporary use of the land. Some guiding opinions on the improvement of compensation and resettlement system for land acquisition (issued by Ministry of State Land Resource (2004) No.238) prescribe: The uniform annual product multiple of land compensation fee and resettlement subsidy should be identified within the legal regulations with the principle of ensuring the original living standard of the resettled farmers; If 31 RAP of Shanghai APL Urban Environment Project funded by world bank could not be ed with the land compensation and resettlement fee calculated with the legal uniform annual product multiple could not maintain their original living standard and not enough for the social insurance expense for landless farmers caused by land acquisition, the multiple should be increased with the approval of provincial government; If the land compensation fee and resettlement subsidy could not maintain the original living standard of resettled farmer even calculated with total multiple of 30, some allowance should be proportionally transferred from the benefit by onerous use of state-owned land with the overall arrangement of local government. Legally approved occupation of elementary farmland, the land compensation should be made according to the maximum compensation criterion issued by the local government. For land used by the project with a long-term stable benefit, on the premise of farmer's willingness, the rural collective economic organization in the acquired area could become a shareholder with the land acquisition compensation fee or the value of the land ownership of the approved project land. The rural collective economic organizations and farmers could get the benefit as prior share by contract. Interim Regulation of the People's Republic of China concerning the Assignment and Transfer of the Right to the Use of the State-owned Land in Urban Area prescribes: Article 20 Transfer contract should be signed for the transfer of land utilization right. Article 21 The rights and responsibilities specified in the transfer contract and register documents also transfer with the land utilization right. Article 25 The transfer of land utilization and ownership of overground buildings and other auxiliaries should registered according the related regulations. The division transfer of land utilization and ownership of overground 32 RAP of Shanghai APL Urban Environment Project funded by world bank buildings and other auxiliaries should be approved by land administration departments and real estate administration department of municipal and county government, and registered according to the related regulation. Article 26 If the transfer price of the land utilization right is much lower than the market price, the municipal and county governments have the prior purchase right. If there is any irrational increase of the market price for the transfer of land utilization right, necessary measures could be taken by the municipal and county governments. Article 27 After the transfer of land utilization right, if it is necessary to change the land use regulated in the transfer contract for the land utilization right, the regulations in Article 18 of this ordinance should be followed. Procedures of Shanghai Municipality for the Implementation of "Land Administration Law of Peoples Republic of China" prescribe: Article 16 If farmland is occupied by agencies and individuals for non-agriculture construction after approval, when dealing with the approval procedures for construction landuse, the agencies and individuals should prepare the farmland reclamation plan in terms of the quantity and quality of the occupied farmland and be responsible for its implementation; they could also pay farmland reclamation fee to the municipal or district (county) land administration departments specially for organizing the reclamation of new farmland. Article 32 If the collective-owned land of farmers is acquired, the following regulations should be followed for the payment of land acquisition fee: (1) Payment of land compensation fee to the villager committee or villager groups of the acquired land; (2) Payment of related compensation fee to the owners of the overground objects like houses, seedlings and so on in the acquired area; (3) Payment of resettlement subsidy to the villagers in the acquired area. 33 RAP of Shanghai APL Urban Environment Project funded by world bank The land acquisition fee prescribed in the last article should be paid according to the criterion, time limit and payment methods defined in the approved compensation and resettlement plan for land acquisition, which could not be held back, misappropriated or embezzled. The payment and use of land acquisition fee should be more strictly inspected by the district (county) governments and the related land, labor and social security departments. Besides the regulation in the first article of this ordinance, for the acquired farmland, the agencies and individuals using the land should follow the regulation in Article 16 of this procedure, and propose and implement the farmland reclamation plan or pay farmland reclamation fee; for the acquired vegetable plot, the agencies and individuals using the area should pay the construction fund for the development of new vegetable plot to the municipal or district (county) land administration departments. Administrative procedure of the employment and social security of the agricultural population in the acquired collective-owned farmland of Shanghai prescribes: Article 5 According to the principle of the overall linkage between social security and land utilization & domicile transfer, for all the people in the acquired land or requiring the transfer of domicile from agriculture to non-agriculture, the social security of agricultural population lost of land should be figured out before the procedures of land utilization and domicile transfer. According to the principle of security fulfillment and market employment, the land acquisition expense assumed by the land acquiring agencies should be firstly used for the resettlement subsidy of the resettled population. And the resettlement subsidy should be firstly used for the fulfillment of social security. The market principle would be followed for the employment of resettled population. Article 6 The employment and social security policies in this document 34 RAP of Shanghai APL Urban Environment Project funded by world bank would be applied to those resettled population more than 16 years old within the land acquisition area with the residential agricultural domicile of Shanghai Municipality. The specific requirements should be separately regulated by the municipal labor security bureau. Article 7 The resettled population requiring the fulfillment of employment and security policies could be divided into: (1) Labor forces including men 16 - 55 years old and women 16 - 45 years old with the normal production capability (Simplified as "labor force in acquired land"). (2) Retired people including men no younger than 55 years old and women no younger than 45 years old (simplified as "retired people in acquired land"). Article 8 The labor force in acquired land should be included into the employment scope of the urban area according to the market employment principles. The labor forces in acquired land could enjoy the employment service including vocation recommendation and vocation guide provided by the public employment service agencies of all the levels in their registered area; they could also take part in the vocation training program with the government allowance. If the labor forces in acquired land start their own business by themselves, they could enjoy the supporting policies including business start-up guide, business start-up training, start-up loan guarantee or interest payment, informal employment according to the related regulations. If some of the labor forces in acquired land are defined as especially poor population for employment by the district (county) labor security departments, the employment aid should be implemented by all the public employment service agencies of Shanghai Municipality to help with their employment. Article 9 The resettlement subsidy assumed by the land acquisition 35 RAP of Shanghai APL Urban Environment Project funded by world bank agencies for the labor forces in acquired land should be firstly used for the payment of town social insurance. The detailed criterion for resettlement subsidy should be determined by district and county governments. Social insurance for small towns includes: (1) The basic endowment insurance and medical care social insurance for small towns no less than 15 years; (2) Complementary social insurance including endowment insurance, medical care and living allowance no less than 24 months. The specific criterion for basic endowment insurance and medical care social insurance for small towns should follow the related regulations of Shanghai Municipality. Article 10 the resettlement subsidy assumed by the land acquisition agencies for retired people in acquired land should be used for the payment of the fee for retired people in acquired land. The fee for retired people in acquired land includes living expense, medical care fee, subsidy, etc., with the payment period of 15 years for men and 20 years for women. The fee for retired people in acquired land should be calculated according to the separate regulations of municipal labor security bureau. Article 11 For the retired people in acquired land (men 55-60 years old, women 45-55 years old), the social insurance for small towns could also be selected like that for the labor force in acquired land. If social insurance for small towns is chosen, the resettlement subsidy should be firstly used for the payment of social insurance for small towns, and the detailed procedures will be determined by the district and county government. The people in the acquired area discriminated to be without any work capability by the municipal labor capability discrimination agency should be taken as the retired people in acquired land for an earlier retirement. And more years should be added to the payment period for the earlier retirement. 36 RAP of Shanghai APL Urban Environment Project funded by world bank The service work should be carried out by the service agencies for the retired people in the acquired area in terms of the regulations. Operational Policies for Involuntary Resettlement OP4.12 of World Bank: 11. Preference should be given to land-based resettlement strategies for displaced persons whose livelihoods are land-based. These strategies may include resettlement on public land, or on private land acquired or purchased for resettlement. Whenever replacement land is offered, resettlers are provided with land for which a combination of productive potential, locality advantages, and other factors is at least equivalent to the advantages of the land taken. If land is not the preferred option of the displaced persons, the provision of land would adversely affect the sustainability of a park or protected area, 16 or sufficient land is not available at a reasonable price, non-land-based options built around opportunities for employment or self-employment should be provided in addition to cash compensation for land and other assets lost. The lack of adequate land must be demonstrated and documented to the satisfaction of the Bank. 4.2.4.2 Compensation for house demolishing and resettlement Ordinance on the Administration of Urban House Demolishment and Resettlement prescribes: Article 23 Compensation methods of cash compensation and property exchanging can be adopted ...... Article 24 Sum of cash compensation is decided by location, function and construction acreage etc. of demolished house, and is paid at valuation price in real estate market. Detailed measures are formulated by Peoples' Government of Province, Municipal. Rules for the implementation of Urban House Demolishment Administration of Shanghai Municipality prescribe: Article 32: Resettlement and demolishing can either be compensated by 37 RAP of Shanghai APL Urban Environment Project funded by world bank money, or can be transferred with same valued houses. Demolished houses can also be exchanged with the same area houses regardless of price differences. When some adjunct buildings are demolished not as commonweal usage, they will not be exchanged with other houses and only compensated by money. The both sides based on these regulations will select the detailed manner. When houses exchanges are conducted, the contractor should prepare at least two sets of houses with legal permission to be selected. Article 33: Currency compensation amount for Demolished resident houses should be determined by the house area and the real estate prices ...... Operational Policies for Involuntary Resettlement OP4.12: 10. The implementation of resettlement activities is linked to the implementation of the investment component of the project to ensure that displacement or restriction of access does not occur before necessary measures for resettlement are in place. For impacts covered in Para. 3(a) of this policy, these measures include provision of compensation and of other assistance required for relocation, prior to displacement, and preparation and provision of resettlement sites with adequate facilities, where required. In particular, taking of land and related assets may take place only after compensation has been paid and, where applicable, resettlement sites and moving allowances have been provided to the displaced persons. For impacts covered in Para. 3(b) of this policy, the measures to assist the displaced persons is implemented in accordance with the plan of action as part of the project (see Para. 30). 4.2.5 Legal Responsibility of the Institute Land Administration Law of Peoples Republic of China prescribes: Article 66 Competent departments of land administration of people's 38 RAP of Shanghai APL Urban Environment Project funded by world bank governments at and above the county level shall conduct supervision and inspection over acts in violation of the laws and regulations on land administration. Article 70 Competent departments of land administration of people's governments at and above the county levle should, upon uncovering of illegal acts by state functionaries in the work of sueprvision and inspection who should be imposed administrative sanctions, handle the case(s) according to law; when the department has no power to handle the case(s), a proposal for administrative sanctions shall be submitted to the administrative supervisory organ of the people's government at the corresponding level or at the next higher level, and the administrative supervisory organ concerned should handle the case(s) according to law. Article 79 Whoever infringes on and uses the compensation fee and other related fees for land requisition of the requisitioned unit for other purposes constituting a crime shall be investigated of criminal liability according to law; where a crime has not been constituted,administrative sanctions shall be imposed according to law. Ordinance on the Administration of Urban House Demolishment and Resettlement prescribes: Article 5: Correlative institute should give compensations and allocations to victims based on these regulations. Victims should obey the requirements of urban constructions and resettle in required schedule. Article 6: China State Department supervises and takes charge of the resettlement works of the whole country. The local government above county level or the departments given according authorities will mainly take charge of the resettlement works in correspondingly administration areas. Article 7: Local governments above county level should strengthen the leadership to urban houses demolishing and resettlement. 39 RAP of Shanghai APL Urban Environment Project funded by world bank 4.3 Resettlement and Allocation Policies of Our Project For our project, without the admission of World Bank, no changes can be conducted to the relative regulation, prescriptions, qualification cognizance standards, property estimation standards or compensation standards. To accomplish the resettlement works in our project and guarantee Shanghai APL projects going smoothly, to protect the legal rights and interests of relative institutes and residents, we constitute these policies, based on Land Administration Law of Peoples Republic of China, Ordinance on the Administration of Urban House Demolishment and Resettlement, Operational Policies for Involuntary Resettlement OP4.12 and actual conditions of Shanghai Municipality. The tenet is to assure nobody will permanent lose his or her job because of the project. If within our project scope, land requisition or resettlement should be conducted in country owned or collectivity owned land, the following polices should be applied. If victims need to be compensated or resettled by correlative institutes, the following polices should also be suitable. 4.3.1 Resettlement and Land Requisition Policies 4.3.1.1 Compensation Policies for Permanent Land Acquisition (1) Compensation for requisition land includes land compensation, resettlement subsidy and the compensation for the attachments and plants in the land. Country collective economy organizations will own land compensation money, and the compensation money for the attachments and plants in the land should be owned by attachments owners. Resettlement subsidy will be specially be used to allocate labor forces in acquired lands, and could not be embezzled to other usages. (2) Compensation standards for land requisition: In our project, when agrarian lands are to be requested, cotton and grain lands will be compensated as 12,000 Yuan/mu, and vegetable land will be compensated 40 RAP of Shanghai APL Urban Environment Project funded by world bank as 28,800 Yuan/mu. (3) Resettlement Subsidy for requisition lands should be calculated as the country population to be resettled, which should be calculated as agrarian land area divided by unit land area owned by per capital. This kind of subsidy should be paid based on different ages or genders, which will range from 90,000 Yuan/per people to 120,000 Yuan/per people. 4.3.1.2 Resettlement Policies Based on relative resettlement policies of Shanghai city, the target population needed resettlement and aftercare should be divided as labor forces and aged populations. Labor forces are the males from 16 years old to 55 years old and the females from 16 years old to 45 years old, who own the formal capability to work and in the scope of requested land. Aged populations are the males with more than 55 years old and females more than 45 years old. (1) Resettlement Policies for labor forces > With the agreement of 2/3 the whole villagers, land compensation can be used as the subsidy of the whole village. Resettlement subsidy will be delivered to the labor forces influenced by the land requisition, who can either continue to carry on the current careers, or to develop the individual operations. > Surrounding the influenced villages, there are several corporations, which have good economic benefits, these corporations promise to adopt the influenced labor forces with priority. > Land requisition institutes will commission service centers to provide trainings to influenced populations. Land requisition institutes will pay the relative cost. > The male with the age from 55 to 60 and the female from 45 to 55, who are volunteered to emigrate, can select to join in Small County Society Insurance, which will be preferentially paid by their 41 RAP of Shanghai APL Urban Environment Project funded by world bank resettlement subsidy. The population who entirely lose the labor capacities, testified by relative authorities, can be advanced be treated as aged population. The annuity threshold should be calculated from the actual provision time. > After the signature of land requisition agreements, labor forces being influenced should be resettled within 12 months. For the labor forces cannot be resettled within schedule, should be paid cost of living monthly based on Shanghai Annuity Standard for Aged Population. > All the labor forces influenced by this project will be settled appropriately. (2) Aftercare Policies for Aged Populations > Land requisition units will afford the annuity for influenced aged people. > Land requisition annuity includes fee for cost of living, fee for service and subsidy. The charging threshold for annuity is 15 years for the male and 20 years for the female. > From the second month of charging land requisition fee, aged people can get cost of living fee and reimburse medical treatment fee. 4.3.2 Compensation Policies for Temporary Occupied Land Compensation fee for the temporary occupied land will be calculated from the land usage and losses. The compensation will include plants compensation and land rehabilitation fee. Temporarily constructed buildings, which have occupied the state land, will provide compensation for relatively influenced units according to the land area and occupied time. After the construction, the project owner has the responsibilities to rehabilitate the land. Temporarily occupied land from pipelines laying will not be compensated. But the ground appendix buildings, which will be demolished or be removed, should be compensated based on rebuilding cost. After the construction, the 42 RAP of Shanghai APL Urban Environment Project funded by world bank project owner will have the responsibility to rehabilitate to the same standard and the same scope, the cost resulting from which should be included into civil works cost. 4.3.3 Repaid Transfer Policies for State Owned Lands Transferring state owned land should sign transferring agreement. The price should be negotiated and determined together by both two sides. When the transferring price is obviously lower than the market price, city or county governments have the purchasing priorities. When the market prices for transferring are unreasonably increasing, city or county governments can take necessary measures to control this trend. 4.3.4 Compensation Policies for Affected Temporary Buildings To mitigate the adverse influence from the engineering constructions, based on un-volunteer resettlement policies from WB, compensation will be paid for influenced temporary buildings based on the rebuilding cost, but no compensation will be paid for the occupied land. 4.3.5 Compensation Policies for Affected Ground Attachments For the infrastructure and ground attachments affected by this project, the project owner will compensate for the infrastructure owner, and the infrastructure owner will take the responsibility to rehabilitate relative buildings. For the civil parts being included into engineered works, the project owner will take the responsibility to rebuild. 43 RAP of Shanghai APL Urban Environment Project funded by world bank 5 Compensation Rates Coming from the frame of laws and regulations, the compensation rates are made in accordance with the real fact. 5.1 Land Acquisition According to Land Administration Law of People's Republic of China, Regulations on Implementation of "Land Administration Law of People's Republic of China" in Shanghai, combined with response to the Agreement on Adjustment of land acquisition Compensation Criterion (Shanghai Priced Estate 1999 No. 049, Shanghai Financial Regulation 1999 No. 049), compensation rates for land acquisition is agreed through negotiations with the committee and the DPs. Land compensation for farmland (for cotton and grain) in the project is 1 2000yuan/mu, resettlement subsidy is RMB315000/mu. Detailed compensation rate can be seen in table 5.1 Table 5.1 Compensation rates for permanent land acquisition Farmland (cotton and grain) Unit Value Accepted By remark 1 , Compensation for land Rlow land in the RMB/MUJ 328080 acquisition project is Among: land compensation RMB/MU .33MU/ren, fund 12000 Committee and-labor rate Resettlement subsid RMB/REN resettlement dept. is 1:3, 1050001 and individuals resettlement Young crop subsidy. RMB/MU 1080 lessee subsidy 2. plowland expropriation tax RMB/MU 2666.68 Finance Bureau converted to 3, plowland assart fee RMB/MU 25000 Finance Bureau RMB 4. land reclaimation fee RMB/MU 10000 Finance Bureau 315000Yuan/mu 5. subsidies for price difference of grain and RMB/MU 1800 Finance Bureau edible oil This rate is used for the budgetary estimate of resettlement compensation calculation. But during implementation, there is a limbo between RMB90000/per capital to RMB120000/per capital, according to different situations. 44 RAP of Shanghai APL Urban Environment Project funded by world bank Farmland 1 cotton and grain ' Items Acpe y rmr Unit Value 6, underground and over RMB/MU Collectivity or ground construction 10000 individuals Total RMB/MU 377546.7 5.2 Compensation rate for transfer of state-owned land 6 mu state-owned land will be occupied permanently for Linkong Pump station which belongs to Linkong Economy Zone, planed for city public service. This land now is open. Through negotiation with Linkong Economy Zone, an agreement has been signed on the intention of stated-owned land transfer. The transfer price is calculated on the basis of land development cost, including land compensation fee, capital compensation, resettlement subsidy, house demolition and relocation compensation. The rate is RMB2,641 ,OOO/mu. 5.3 Temporary Land Acquisition Temporary land acquisition in this project doesn't involved collectivity land. Since the construction and rehab is carrying out together in non-roadway and greening area excavation during the pipeline construction, no temporarily land expropriation fee involved due to the quick floating progress. Temporarily houses occupied for 6 months during Linkong pumping station construction is belong to the state-owned land of Linkong Economy Zone. Compensation criterion is RMBO.3 /m2/d. 5.4 Temporary buildings According to World Bank's regulations of OP4. 12, temporary buildings will be compensated at replacement cost, but the land will not be compensated. Detailed compensation rate is shown in table 5.2 . Table 5.2 compensation rate for temporary buildings Item Structure Compensation rate (yuan/m2) compensation for simple structure 300 Excluding land buildings compensation 45 RAP of Shanghai APL Urban Environment Project funded by world bank 5.5 Compensation Rate for Infrastructure and Ground Attachment Compensation Rate for all kinds of attachments affected by project can be seen in Table 5.3. Table 5.3Compensation Rate for Infrastructure and Ground Attachment No. Item Unit RMB YUAN/Unit 1 lawn m2 8.16 2 holly m2 2.71 3 evergreen tree m2 1.43 4 canna (short perch) m2 18.31 5 flowerage m_ 2 50 00 6 Camphor tree.cpl18-25 Pole 2300 7 camphor tree.col11-15 Pole 1417.5 8 camphor treexO7-10 Pole 1021.5 9 mulberry.cP14-20 Pole 641.3 10 Snow pinec :10-15 Pole 5000 11 Cherry bay Pole 148.70 12 Red maple Pole 200 46 RAP of Shanghai APL Urban Environment Project funded by world bank 6 Resettlement Rehabilitation Plan 6.1 Resettlement Objectives To ensure all the loss of the migrants being covered in compensation, ensure the reasonable resettlement and sound profits shared by the migrants in the project. To provide subsidies on their temporary difficulties to enhance the income and standard of living of the migrants, the production and profit capacity of the enterprises to a higher level, or at least, maintain a relevant high level as those before the resettlement. 6.2 Resettlement for Land Acquisition 6.2.1 Impacts Analysis Huaxiang pumping station occupies area of 25.6mu plowland permanently, which is collective land of Guan Gen Lang Group of Xinjianong Village, Huacao town of Minghang district. 190 people are affected among which 78 people need to be resettled. According to social economic survey, the main income (73.9% of the total income) of the DPs is the salary of employed by enterprises and public institutions. Xinjianong Village of Huacao town is located in the suburb of Shanghai, where the house of the farmers covers a relevant large area (average 260. 8m2 for each family). On the other hand, the frequent population flow develops the house rental market, therefore the rest income of the farmer mainly gained from rent, which accounts for 26.1% of the total income, while the agriculture income is zero. The land acquisition makes no difference to the farmers, who are not living on land. 6.3 Resettlement Plan Resettlement plan for this project mainly implement the labor rehabilitation (labor force affected by land acquisition) and endowment insurance for the aged people. 78 people need to be rehabilitated in this project, 29 of which by endowment insurance, 49 of which by labor rehabilitation. 47 RAP of Shanghai APL Urban Environment Project funded by world bank (1 ) Allocation of the labor force of land acquisition Agreed by 2/3 villagers, land compensation will be used as a collective welfare. Resettlement subsidy will be given to those involved labor force, who can continue their current occupation, or develop self-employee by the subsidy. Several involved enterprises which have good economic conditions, promise that they will use the affected labor force as priority. The land acquisition unit will consign the labor service institution to train the DPs and pay the relevant expense. The DPs, for male between 55 and 60 years old, for female between 45 and 55, can choose the social insurance for small towns and cities according to their wills. They can get an insurance of RMB508 per month. Once the land acquisition unit signs the agreement of resettlement, it should provide an occupation to the labor force within 12 months, otherwise, it should provide subsidy on their cost of living every month based on Criterion of Shanghai Municipality for Living Expense of Retired People in Acquired Area. (2) Endowment insurance for the aged people Resettlement subsidy of the retired people in acquired area taken on by the land acquisition unit, should be used in the payment of fee for retired people in acquired area. Fee for retired people in acquired area includes living expense, fee-for-service, subsidy etc. Fee for retired people in acquired area should be paid for the fixed number of 15 years for male, and 20 years for female. From the month the fee for retired people in acquired area is paid, retired people in acquired area can draw a subsidy for living expense and reimburse the fee-for-service. And they could get the pension of 423yuan/month. 6.4 Restoration Plan for Temporary Land Use Temporarily land occupation in this project doesn't involved collectivity land. Since the construction and rehab is carrying out together in non-roadway 48 RAP of Shanghai APL Urban Environment Project funded by world bank and greening area excavation during the pipeline construction, the construction progress is quick. Temporary buildings will be built on the state-owned land of Linkong Economy Zone in the construction of Lonkong pumping station for 6 months. Once construction finished, the building site will be cleaned up by the executive unit of the project. 6.5 Allocation of the temporary buildings The temporary buildings involved in this project are built on the acquisitioned collective land of Gen Lang production group of Xinjianong Village. According to the agreement reached between the lessee and Gen Lang production group, the lessee will build the buildings on the leased land and promise the unconditional demolition once there is resettlement for municipal construction. The temporary buildings are mainly used by the lessee as the warehouse of structural materials, semi-finished articles and finished products. Through the negotiations with the lessee, a compensation for temporary buildings is calculated on the basis of its structural resettlement cost, but no compensation for the land will be paid According to the survey there is some area left unused for renting in other groups of Xinjianong Village. The lessee can rent the nearby land in the similar area at free will. As for the involved staffs, they can go back to the original department without the influence on their income since the temporary buildings to be removed are mainly warehouses. 6.6 Infrastructure and Ground Attachments Affected The affected infrastructure and ground attachments should be compensated to ownership institutions by project organizations and then rehabilitated by the ownership institutions. The rehabilitation measures on demolished facilities should be planned and disposed in advance. And in the actual implementing, due to different conditions different measures should be made for safety, high efficiency, being in time and accuracy to reduce bad effect on the surrounding groups as much 49 RAP of Shanghai APL Urban Environment Project funded by world bank as possible. As for the affected municipal public facilities, the demolishers should demolish according to project's stakes map and shop drawing with the principle of no impact on project construction to reduce movement as much as possible. As for movement of the affected pipelines, demolishers should reconstruct before demolish to ensure nature living of residents along the lines including the residents who do not need to move. 50 , RAP of Shanghai APL Urban Environment Project funded by world bank 7 Public Participation and Consultation 7.1 Public Participation Strategy According to the relevant policies of state and Shanghai municipal, to carry out the implementation efficiently, to guarantee the legal interests of DPs, to decrease the grievances and conflicts, and to fulfill the objective of well relocating the DPs, special attention will be paid to participation and consultation of the DPs in the project. During the resettlement policy developing, planning compiling and implementation phase of the project, the opinions of DPs are taken important and collected widely. During the project preparing phase--feasibility study phase, the PMO has consulted the opinions from Shanghai People's Congress, Political Consultant Committee, people's groups, DPs and enterprises involved in land acquisition. In November 2004, PMO and SWSCSC organized workers to conduct initial census, property survey and socioeconomic survey within the scope of land acquisition and house demolition. The representatives of DPs took part in the survey, and made suggestions to resettlement compensation and rehabilitation. All the opinions and suggestions have been considered in the RAP compiling. PMO organized a special group and DPs representatives to take part in the physical and socioeconomic investigations on land acquisition and the effect of demolition. PMO solicited opinions from sub-district office, DPs representatives on house demolition, land acquisition, and resettlement, and discussed the problems from all aspects. Meanwhile, a socioeconomic survey and a psychological investigation were carried out to know about how the DPs want to be resettled, what their attitudes are what the opinions on the resettlement schemes for shops, enterprises and institutions demolished. All the work laid a good foundation for RAP. RAP will be pubided. The PMO will place the RAP at SWSCSC and library before 30th December 2004 and propagate the notice in local newspapers so that DPs and Non-governmental Organizations can look it up.Main contents of 51 RAP of Shanghai APL Urban Environment Project funded by world bank resettlement are compiled as information handbook of displaced persons, which should be put out to DPs after project was evaluated before the movement. Main contents of information handbook of displaced persons are: general situation of project, project effects, compensation policy, implementing agency, appeal channel, etc. 7.2 Public Participation Process and Policy Disclosure Table 7.1 Public Participation Process of Affected Population Date Place Participant Contents Remarks Socio-economic PMO/LAAO/ PMO staffs, affected survey for Project effect in CLS and locus Nov.,2004 residents, staffs in resettlement, socio-economic of affected population enterprises affected scope and survey practicality survey PMO and DO(many Compensation and PMO LAAO/ times) resettlement CLS and locus PMO and LAB(many policies and Primary negotation Dec.,2004 In preparation for of affected times) primaryresettlement plan population PMO and affected resettlement populations programming Compesatio andFurther negotiation of Compensation and PMO and locus resettlement compensation PMO and affected plce n Dec. ,2004 of affected policies and policies and population populations resettlement rehabilitation plan in amending programming resettlement Resettlement Makeup negotiation PMO and locus PMO and affected policies and for particular Jan.,2005 of affected particular questions in final population populations questions of version of I__ _ ___ ___ ________programming resettlement Table 7.2 Policy Disclosure Documents Publicizing Type and used Publicizing language site Introduction related to Chinese, Shanghai TV Nov. 2004 project Station, Xinmin evening paper General introduction of Chinese, Shanghai TV project demolition Dec. 2004 information Station, Xinmin evening paper 52 RAP of Shanghai APL Urban Environment Project funded by world bank Documents Publicizing Type and used Publicizing language __ _ _ _ __ _ _ _ site Cixi House Demolition Chinese, Shanghai TV Dec.2004 Policies Station, Xinmin evening paper Dec. 2004 and Checked and Residents Resettlement Handbook Chinese, handed to resettlers approved by World Committee Bank Dec. 2004 and Chinese, Chinese, Shanghai Checked and Residents Notice of resettlement plan TV Station, Xinmin evening approved by World Committee paper Bank Jan. 2005 and Chinese and English, Checked and Report on resettlement plan Chinese, Shanghai TV approved by World PMO, library Station, Xinmin evening paper Bank 53 RAP of Shanghai APL Urban Environment Project funded by world bank 8 Procedures of Appealing The project pays special attention to the DPs participation throughout the planning and implementation process. The procedures are as follows: Stage 1: If DPs are aggrieved by any aspect of the resettlement and rehabilitation program, they can lodge an oral or written grievance with LAAO or CLS. Written register should be done if in oral grievance. LAAO or CLS shall resolve the issue within two weeks. 4 , Stage 2: If the aggrieved person is not satisfied with the decision on stage 1, he can bring the complaint to SWSCSC.and the relative department shall make a decision on tecomplaint within two weeks. Stage 3: If the aggrieved person is not satisfied with the decision on stage 2, he can appeal to SAPLMEPPMO and SAPLMEPPMO should make a decision on the complaint within two weeks. Stage 4: If the DP is still dissatisfied with the above decision, he can appeal to intermediation or the People's Court in accordance with Civil Procedure Act after receiving the decision. The resettlers can charge with any field of resettlement including compensation rates. The appealing ways above will be noticed to resettlers in meetings or in other ways for resettlers to know fully of their rights to appeal. At the same time, 54 0 RAP of Shanghai APL Urban Environment Project funded by world bank media tools will be utilized to strengthen propaganda and reports and then the suggestions and opinions on resettlement will be tidied to information and then studied and resolved in time by resettlement organizations of every level. 55 1~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ RAP of Shanghai APL Urban Environment Project funded by world bank 9 Organizations 9.1 Implementation Organizations The departments responsible for planning, implementation, management, and monitoring of resettlement activities involved in the project are: * Project Leading Team of Shanghai APL Municipal Environment Project (PLTSAPLMEP) * Shanghai APL Municipal Environment Project Management Office (SAPLMEPMO) * Shanghai Water Supply Corp. & Shinan Corp.( SWSCSC) * Three Towns Office of Shanghai Water Supply Corp. & Shinan Corp. (TTOSWSCSC) * Changning House and Land Administration Bureau(CHLAB) * Minhang House and Land Administration Bureau(MHLAB) * Huacao Town Center of Labor Security (HTCLS) * Minhang Land Acquisition Affair Office (MLAAO) * Engineering Design Institute (EDI) * External Independent Monitoring lnstitution(EIMI) PLTSAPLMEP is responsible for land acquisition, demolition, directing the implementation of resettlement, making policy and examining the RAP. SAPLMEPMO is responsible for compilation of RAP, implementation management of land acquisition and demolition, management of resettlement funds, organizing and coordinating, investigating the internal monitoring and gathering the internal monitoring report to WB. SWSCSC and TTOSWSCSC are responsible for the implementation of land acquisition, house demolition and resettlement; and responsible for reporting the process of resettlement to NWEPRO termly. HLAB is responsible for transaction of relevant procedures, censor, approval, surpervision, intercession, coordination and management of 56 RAP of Shanghai APL Urban Environment Project funded by world bank resettlement implementation. LAAO is responsible for the compensation and payment of collective and private property. CLS is responsible for the labor relocation. EDI is responsible for the design of the project and defining the scope of demolition. EIMI is responsible for the external monitoring on land acquisition, demolition, and the implementation of resettlement. 9.2 Organizational Chart SAPLMEPPMO swscsc TTSWSCSC EIMI Compensation for |Hue||Lborl collective and private l eocation property. 9.3 Organizational Seniority and Staffing SAPLMEPMO is composed of the leaders from the people's governments at all level and administrative departments of Shanghai. All the members have organized much municipal engineering involving resettlement and land acquisition, so they have much experience on those respects. SAPLMEPMO is located in Shanghai Development and Reform Commission (SDRC), so it 57 RAP of Shanghai APL Urban Environment Project funded by world bank can organize and coordinate the tasks of land acquisition, house demolition and relocation. The resettlement institutions involved in the project are well staffed. The number of full-time staff is 19, and at peak hours is 36. See the specifics in be Table 9.1. Table 9.1 staffing of the Resettlement Institutions Involved in the Project Professional Staff at Resettlement Name Workers Peak Hours Qualification of Staff Institutions Institutions_____ (person) (person) SAPLMEPMO Qiu Wenjin 1 3 Governmental Official SWSCSC Zhang Mingde 2 3 Management Staff SWSCSC_Zhang_Mingde Engineer Engineer, Management TTOSWSCSC Tang Zhijian 4 6 Staff, Workers for Socio- economic Survey Governmental Official MLAAO 2 4 Management Staff Engineer Governmental Official CLS 2 4 ______ _____ _____ _____ ______ ____ _____ E ng in ee r CHLAB 1 2 Governmental Official MHLAB 1 2 E Governmental Official EDI 2 4 Senior Engineers, Engineer IMEI 4 8 Professors, consultor Total 19 36 9.4 Responsibilities of Institutions 9.4.1 PLTSAPLMEP * Is responsible for leading, organizing, coordinating, making policies, reviewing Resettlement Action Plan, implementing interior inspection and making decisions on big problems in resettlement. 9.4.2 SAPLMEPMO * Entrusts the design institute to define the scope of area impacts * Organizes to conduct socioeconomics survey * Organizes and coordinate the compilation of RAP 58 RAP of Shanghai APL Urban Environment Project funded by world bank * Conducts the policies of RAP * Make sure and coordinate the implementation of resettlement plan according to schedule of project construction * Allocates resettlement funds and supervise the utilization of fund * Directs, coordinates and supervises the proceedings of RAP * Organizes and carries out internal monitoring, determines which institution will carry out external monitoring and coordinate external monitoring activities * Reviews monitoring reports * Coordinates to resolve the conflicts and issues encountered in the implementation of RAP * Submits reports on progress of land acquisition, house demolition, utilization of funds and the quality of implementation to the World Bank regularly 9.4.3 HLAB * Carries out national related policies and regulations for land for construction * Participates in examining compensation rate for land acquisition and attachments * Deals with approval procedures for land acquisition * Participates in socioeconomic survey * Participates in compiling and examining resettlement action plan * Issues land usage planning permission and land usage construction permission * Issues Land Acquisition Notice * Directs, coordinates and supervises land acquisition and resettlement * Assists to coordinate and resolve issues raised for resettlement in the process of land acquisition and transfer 59 RAP of Shanghai APL Urban Environment Project funded by world bank 9.4.4 SWSCSC * Conducts socioeconomic survey * Carries out survey and register materials for land requisition and demolition * Organizes public participation * Consults with relocation methods, participate compiling RAP * Carries out the house demolition laws and regulations * Organizes related data to report to city demolition and reconstruction office, transact House Demolition License * Publicizes demolition notice after report to city demolition and reconstruction office * Deals with and implement related state administration laws of project construction * Constitutes resettlement programming and compensation rate for land acquisition due to laws and report to related departments * Transacts approval procedure for project land use * Applies for layout and construction license of land use * Implements RAP * Signs compensation contract for land acquisition and demolition with related districts, counties, resettled households and parties demolished * Signs compensation contract for land acquisition and demolition with related villages * Conducts information management of land acquisition, house demolition and rehabilitation * Trains staff * Assists to resolve issues raised for resettlement * Deals with conflicts and appeal, and carries out coordination and administrative arbitrage * Deals with illegal conducts in land acquisition, and carries out 60 RAP of Shanghai APL Urban Environment Project funded by world bank administrative punishment and other treatment * Reports land acquisition and resettlement condition to NWEPRO 9.4.5 EDI * Reduces project effects through optimization of design * Identifies scale of land acquisition and demolition 9.4.6 IMEI * As an independent external monitoring institution, IMEI will monitor on RAP and the implementation of it in all aspects and submit independent monitoring and evaluation reports to SAPLMEPMO and the World Bank 9.5 Measures for Strengthening Institutional Capacity * In Dec. 2004, PMO has organized training staff of land acquisition and resettlement induced by the project, which included World Bank OP4.12, related land acquisition and demolition laws, socio-economic survey theory and methods etc. * PMO will go on with training the staff before the implementation of the RAP. They will know OD of the World Bank, the regulations of land acquisition and demolition, analysis of cases, simulate practice, cost control and resource allocation to increase their professional abilities to carry out the policies. * PMO plans to train the staffs who work on the resettlement during the RAP implementation. The staffs will be organized to visit the project financed by WB in China, taken part in the trains of resettlement policies and so on. Meanwhile, in order to improve the PAPs' employment, the PMO will also organize the resettlers to take part in all kinds of skills training for their livelihood restoration aperiodically according to the project progress. The training schedule of resettlement can be seen in Table 9.2. 61 RAP of Shanghai APL Urban Environment Project funded by world bank * To ensure that funds and equipment can be got in time to increase the efficiency. * To divide the work properly, and establish and improve the system of rewarding or punishing the staff of carrying out land acquisition and demolition to encourage their initiative. * To establish a demolition and resettlement information management system. With the help of that, to manage the data of land acquisition and demolition, to strengthen information feedback, and ensure that each department is well informed. Important problems will be discussed and decided by the leading group of the project. * To strengthen report system and internal monitoring, and solve the problems promptly. * To strengthen the independent monitoring and evaluation. The independent monitoring and evaluation institution should report promptly to relevant department about the problems and provide suggestions to solve them. Table 9.2 The training schedule of resettlement No. Content Persons Time Place Budget (thousand Yuan) 1 Trains of Resettlem Once a year Domestic, 50 resettlement policies ent staffs Shanghai Communication of Resettlem 2 resettlement Once a year Domestic 50 ent staffs experience 3 Other special training Resettlem Once a year Domestic, 50 ent staffs Shanghai 4 Skills training PAPs Aperiodically Shanghai 150 5 Total 300 62 , RAP of Shanghai APL Urban Environment Project funded by world bank 10 Schedule of Implementation 10.1 Progress Joint of Resettlement and Implementation of the Project According to the schedule, the project is to be built from Jan. 2005 to Dec. 2007. The schedule for resettlement goes with the schedule project. The key tasks of Land Acquisition and demolition, resettlement are planned to begin in Nov. 2004 and end in Jan.2008. The principles of connecting the project construction with the land acquisition, and resettlement are as the following: > To finish the work of land acquisition and demolition one month before project begins. The time to start the project will be decided according to land acquisition, relocation, resettlement and rehabilitation. > To reserve enough time for the land acquisition, house demolition and rehabilitation before the start of the project construction. 10.2Key Tasks Schedule in Implementation of Resettlement Action 10.2.1 Scheduling Implementation of Land Acquisition and Resettlement > The scope of land acquisition and demolition should be confirmed finally due to every sub-projects' plans and should be finished before practicality measure and calculation of land acquisition and demolition in the project. > Due to red lines maps, practicality measure and calculation of land acquisition and demolition in the project should be done cooperated by resettlement and demolition departments of the project and property owners before signature of resettlement compensation. > Resettlement and demolition departments of the project holds mobilization meeting with attendants of resettlers, the demolished enterprises to publicize relative policies of land acquisition, demolition and compensation and resettlement methods before signature of 63 RAP of Shanghai APL Urban Environment Project funded by world bank resettlement compensation, after the meeting, the notice of land acquisition and demolition should be publicized officially. > Signature of the demolishers and the demolished should be done after practicality measure and calculation of land acquisition and demolition and notice of land acquisition and house demolition. > Transition fee should be allocated to residents in transition term before the beginning of movement. > The enterprises who need to move should arrange resettlement land in advance as soon as possible to avoid or reduce shutout business of movement. If need to shutout, the subsidy for shutout should be handed out before movement. > Infrastructure should be constructed before demolition. > Settlement and allocation of compensation fund should be carried out after signature and before movement. > Resettlement work should be checked and fulfilled to satisfaction of the demolished. 10.2.2 Overall Plan of Land Acquisition and Resettlement According to the preparation and implementation action progress, the following schedule is studied out, see Table 10.1. 64 RAP of Shanghai APL Urban Environment Project funded by world bank Table 10.1 The Schedule of Land Acquisition and Resettlement ID Task Duration Start Finish 2004 20052008 _Q I3 Ql IQ3 I Preparation work 37 d 2004-11-5 2004-12-27 2 Project management office collect staff 10 d 2004-11-5 2004-11-18 11-5 V1-18 3 Identify scope of land acquisition and house demolishment 5 d 2004-11-19 2004-11-25 11-19 s 11-25 . . . ... . . . I ......... ; ......~~~~~~~~~~~~~~~~~~~~~~~~~~~~.. . .. ..... ...... 4 Initial social economic survey,impact survey and analysis 11 d 2004-11-26 2004-12-10 11-26 '1210 5 Negotiation of resettlement policy 10 d 2004-11-26 2004-12-9 11-26 !2329 6 Compile resettlement action plan 12 d 2004-12-10 2004-12-27 12-10 T12-27 7 Land cujuisition ana House Demolish T0 d- 2005-1-5 2005-4-12 8 Disclosure of policy and mobilization 10 d 2005-1-5 2005-1-18 1-5 ',l-18 9 Issue announcement 20 d 2005-1-19 2005-2-15 1-19 2-15 10 C 30 d 2005-2-16 2005-3-29 2-16 L3 29 11 Payment and balance of compensation 10 d 2005-30 2005-42 3 4 12 12 Restoration of infrastructure 763 a 2005-1-19 2007-12-21 1-19 12-21 13 lonitoring and evaluation 966 d 2005-2-2 2008-10-15 2-2.: I0__m__m'__M_M 65 RAP of Shanghai APL Urban Environment Project funded by world bank 11 Cost and Budget 1 1.1 Cost Expenditure involved in land acquisition and resettlement lists in the budget of that project. At the price of December 2003, total cost of land acquisition and resettlement induced by the project is 19.81 million RMB. Budget for resettlement can be seen from Table 11.1. Table 11.1 Budget for Resettlement Compensation rate Cost Item Unit (Yuan/unit) Quantity (104 (Yuan/unit) ~Yuan) 1 Permanent land acquisition mu 1.1 compensation for plowland mu 328080 25.6 839.9 acquisition Among which: mu 12000 25.6 30.7 Land compensation Resettlement subsidy mu 315000 25.6 806.4 Young crop subsidy mu 1080 25.6 2.8 1.2 state land transfer mu 264.1 6 0.2 2 Temporary land occupation m2 54 500 2.7 3 temporary structure simple structure m2 300 2140 64.2 4 Ground attachments 625.8 lawn m2 8.16 23205 18.9 holly m2 2.71 11376 3.1 evergreen tree m2 1.43 6188 0.9 canna (short perch) m2 18.31 157 0.3 flowerage m2 50 432 2.2 Camphor tree.co18-25 Pole 2300 1252 288.0 camphor tree.cl l-15 Pole 1417.5 1030 146.0 camphor tree.c07-10 Pole 1021.5 811 82.8 mulberry.cq14-20 Pole 641.3 156 10.0 Snow pinec-10-15 Pole 5000 137 68.5 Cherry bay Pole 148.7 269 4.0 Red maple Pole 200 56 1.1 1 '-4 subtotal 1 0 yuan 1532.5 5 Investigation and design 104yuan 2% 1532.6 30.7 66 RAP of Shanghai APL Urban Environment Project funded by world bank Cost Item Unit Compensation rate 4 (Yuan/unit) Quantity (uan) expenditure 6 Independent M&E 104 yuan 2% 1532.6 30.7 7 Management expenditure 1 0 yuan 5% 1532.6 76.6 8 Training cost 104yuan 2% 1532.6 30.7 9 Contingency fee 104 yuan 10% 1532.6 153.3 10 Land requisition taxes mu 49466.68 25.6 126.6 5-10 subtotal 448.5 Total 1981.0 Land requisition fee include Farmland reclaiming fee, plowland acquisition tax, land replow fee etc. 11.2Annual Investment Plan According to implementation schedule of the project, annual investment plan was compiled. See Table 11.2.. Table 11.2 Annual Investment Plan Year | 2 11)4 | _I-6 _0l6 't -'(' | Subtotal Investment (104Yuan) 198.1 1386.7 198.1 198.1 4661.4 Proportion(%) 10 70 10 10 100 11.3Capital Resource Due to the process schedule, engineering capital is from loans of domestic bank and foreign bank and financial transfer. According to the arrangements of implementation process, resettlement capital is from local supporting capital, which is mainly from transfer of local finance. 11.4Cash Flow and Allocation Plan 11.4.1 Cash Flow To ensure that the compensation funds can allot to affected populations timely and sufficiently according to the compensation policy and compensation rate in RAP, the cash flow in this project is shown in Figure 11.1: 67 RAP of Shanghai APL Urban Environment Project funded by world bank Domestic bank loan Transfer of finance SAPLMEPPMO swscsc CLS LAAO 2 The rate of the CD ~~0 E labao relocation CD The compensation fees of CD collective and private property Figure 11.1 Resettlement Cash Flow 11.4.2 Allocation Plan (1 )AII the cost related to demolition and resettlement shall be counted in the overall budget of the project, (2)To ensure that demolition and resettlement of land acquisition can be finished successfully, SAPLMEPPMO should set up financial and supervise organizations for all funds on position in time. (3) The payment invoices must be submitted to PMO for filing. 68 RAP of Shanghai APL Urban Environment Project funded by world bank 12 Monitoring and Evaluation According to World Bank OP 4.12 Involuntary Resettlement and Operational Guideline of Resettlement Monitoring and Evaluation of Projects Assisted by World Bank, implementation of land acquisition and resettlement activities shall be monitored regularly to ensure those actions have proceeded in accordance with the provisions of RAP. There are two kinds of monitoring mechanisms in this RAP, the internal monitoring and the external independent monitoring. Internal monitoring is carried out by PLTSAPLMEP, SAPLMEPMO, and SWSCSC to ensure that all the units follow the schedule and abide by the principles of RAP. The purpose of this internal monitoring is to maintain responsibilities of resettlement implementation institutions during the implementation. External Independent Monitoring Organization is mainly responsible for regularly independent monitoring and evaluation on activities of land acquisition, house demolition and resettlement. The purpose of independent monitoring is to provide an evaluation of resettlement by an organization independent to the institutions for the project demolition, and to review the overall implementation from a broader, long-term point of view. Independent monitoring institution follows the resettlement activities to evaluate whether the goals of resettlement are achieved through observing <1> the application of the laws of P.R.C. concerned on resettlement; <2> compliance with the principles of the World Bank's Operational Directive O.P. 4.12 on Involuntary Resettlement, and <3>an improvement in the standards of living of the DPs or at least maintenance of the former living standards. The Independent Monitoring Institution provides suggestions to the institutions for demolition implementation, so as the problems encountered in the implementation can be resolved in time. 69 RAP of Shanghai APL Urban Environment Project funded by world bank 12.1 Internal Monitoring and Evaluation SAPLMEPMO has developed an internal monitoring framework to supervise the resettlement activities. It establishes relevant databank on land acquisition, house demolition and resettlement. And the databank contributes to compiling the resettlement planning, and carrying out internal monitoring on the whole implementation process. During the implementation, based on samples provided by monitoring institutions, SWSCSC collects and records implementation information of PAPs. Meanwhile, he delivers the record of the current activities in time to SAPLMEPMO, so as to keep a consistent monitoring on implementation. SAPLMEPMO conducts periodic supervision to the project resettlement. The monitoring indicators include the action and process resettlement, payment fund for resettlers, resettlement policies and compensation rate implementation, labor resettlement, reconstruction and replacement of enterprises and infrastructure, Staffing, training, work schedule and effectiveness of the institutions, Register and disposal of complain and appeal from resettlers ect. SAPLMEPMO will compile an internal monitoring report once half a year and submit to World Bank. 12.2 Internal Monitoring and Evaluation PMOWBNB plans to entrust NRCR and Shanghai Bohong construction CO.Ltd to do the independent monitoring and evaluation. The monitoring and evaluation group is composed of 4 resettlement specialists with much experience on project resettlement and sociology. Independent Monitoring Institution will periodically monitor and evaluate the implementation of RAP, including the progress, quality of resettlement, utilization of funds. It will give advice and suggestions. After checking quality of resettlement house, DPs' living standards and production conditions, the Independent Monitoring Institution will submit monitoring and evaluation 70 RAP of Shanghai APL Urban Environment Project funded by world bank reports to PMO and the World Bank. The contents of Internal Monitoring and Evaluation are as follows: > Action of peasant resettlers > Payment fund for resettlers and enterprises affected by demolition > Fulfillment of resettled housing source in currency > Suggestions on resettled house owner exchange > Labor resettlement > Reconstruction of replacement houses and removal o Reconstruction and replacement of enterprises > Rehabilitation of infrastructure > Staffing, training, work schedule and effectiveness of the institutions > Register and disposal of complain and appeal from resettlers Internal Monitoring and Evaluation will be carried out twice per year from 2005 to 2007. > In December 2004, the independent monitoring and evaluation team is established to compile the outline. > In December 2004, prepare for the independent monitoring and evaluation, including work out survey outline and questionnaire; establish monitoring system and choose the monitoring sites. 0 In February 2005, the first monitoring and evaluation report (baseline survey report) is to be submitted. > In August 2005, the second monitoring and evaluation report is to be submitted. > In February 2006, the third monitoring and evaluation report is to be submitted. > In August 2006, the fourth monitoring and evaluation report is to be submitted. ) In February 2007, the fifth monitoring and evaluation report is to be submitted. 71 RAP of Shanghai APL Urban Environment Project funded by world bank , In February 2008, the sixth monitoring and evaluation report is to be submitted. ) In October 2008, ex-post evaluation report is to be submitted. 72 RAP of Shanghai APL Urban Environment Project funded by world bank 13 Entitlement Matrix Table 13.1 Entitlement Matrix Types of DPs Policy Rate Affected P Land compensation fund paid to collective-owned organizations for plowland (cotton and food land): Villager development of production Land compensation fund and resettlement villagers' 2000yuan/mu Committee 100unm living; Production subsidy paid to Resettlement subsidy resettled rural population and ccpigenepie 10O5000yuan/ren ( land vs labor 1:3, 315000yuan/mu) PermanentYoncrp Land Young crops subsidy paid to Young crops land sbiy00unm .l.n . contractor land contractor subsidyl 080yuan/mu acquisition endowment insurance Obtain the opportunity of social insurance training and employment, measures are taken to maintain their income Labor endowment insurance of relocation Enjoy the invest interest of land acquisition land compensation and resettlement subsidy Be employed with priority Enjoy endowment insurance the contract should be signed between land user State land Owner of and transferor 2641 thousand yuan/mu transfer land Land user and transferor negotiate about the transfer rate Compensation due to term and damage of land Temporary Owner of acquisition 2 land.. .. 0.ya/*tn land Organization is responsible for the restoration of the land clearing up ground. 73 RAP of Shanghai APL Urban Environment Project funded by world bank Types of DPs Policy Rate Affected Obtain the Temporary Owner of 2 compensationrate for 300yuan/m structure Property structure Ground Attachment Owner of Project organizations give compensation to property see detail in table 5.3 and public Property oraiton faciitie organizations facilities 74 1 RAP of Shanghai APL Urban Environment Project funded by world bank Sketch Map of the Project ~~~~~- >- £>7,-;/ /teeIE- -T ;~~~~~~~~~~~~~~~~~~~~~ .E 'T ' 0 1000 2000M gt 4" 1 2004W167 1 P 7, WFO0-05 75