世界银行贷款 - Documents & Reports - All Documents | … · Web view10.1 Resettlement Joint with Construction of the Project 109 10.1.1 Key Tasks for Permanent and Temporary

Worldbank Funded SHUEP APL (Phase II)

RP294 V.1

Resettlement Action Plan

of Shanghai Urban Environment Project

Shanghai Urban Environment Project (WB funded) Office

February, 2005

Tables of Coontents

IExecutive Summary

IA. Project Background

IIBProject Effect

VIIIC. Compensation Policy and Rate for the Project Resettlement

XVID. Resettlement Programs for APs of Land Acquisition

XXE. Rehabilitation Plan for Temporary Land Acquisition

XXF. House Reconstruction Plan

XXIIG. Resettlement for Enterprises and Shops

XXIIIH. Resettlement Plan for Temporary buildings

XXIIII. Affected Infrastructure and Ground Attachment

XXIVJ. Rehabilitation Plan for Vulnerable Groups

XXIVK. Overall Cost and Implementation Plan

XXVIIL Organization

XXVIIIM. Negotiation Participation and Information Propaganda

XXIXN. Grievance and Appealing

XXXO. Monitoring and Evaluation

APreface

A1.Objectives of RAP

A2.Constituents of RAP Report

B3.Definition of Affected Persons (Qualification for Affected Persons)

B3.1 Definition of resettlers in the Project

B3.2 Time Limitation of Qualification for resettlers

C3.3 resettlers Rights

C4. Definition of Relevant Resettlement Terminology

C4.1 Definition of Affected Persons

D4.2 Definition of Compensation, Resettlement and Rehabilitation

D4.2.1 Definition of Compensation

D4.2.2 Definition of Resettlement

D4.2.3 Definition of Rehabilitation

E5. Definition of Property

E6. Definition of Every Variety of Compensation Terminology

G7. Definition of other Terminology

81Basic Situations of the Project

81.1Brief Introduction of the Project

101.2Beneficiary Area and Affected Area of the Project

101.2.1Beneficiary Area

101.2.2Affected Area

111.3Identification of LINKAGE ISSUES

121.4Project Design Process

141.5Overall Investment and Captial Source of the Project

141.6Measures for MINIMIZE Project Impact

141.6.1Project Planning and Design Phase

151.6.2Project Implementation Phase

161.6.3Land acquisition and house demolition RAP and implementation Phase

182Project Impacts

202.1Affected Land

202.1.1Permanent Land Acquisition

202.1.2Temporary Land Acquisition

242.2Affected Rural Residents Houses

252.3Affected Enterprises and Institutions

302.4Affected Shops

342.5Affected Temporary buildings

342.6Affected Population

342.6.1Directly Affected Popuation

352.6.2Temporary Affected Population

362.7Affected Vulnerable Groups

362.8Affected Ground Attachment

393Socio-economic Survey in the Affected Areas

393.1Survey Methods

393.2Survey Contents

393.3Survey Organization and Process

403.4Socio-economic Situations in the Affected Areas

423.5Socio-economic conditions of APs and Enterprises

423.5.1West Mainline Reconstruction Project

433.5.2Changqiao Waterworks Reconstruction Project of Southern City Waterworks

453.5.3Chongming Chengqiao Sewage Treatment Project

463.5.4Qingpu Huaxin Sewage Treatment Plant

493.5.5Jinshan Garbage Collection and Transportation System Project

524Legal and Policy Framework

524.1Laws and Policies of Resettlement

524.1.1State Laws and Regulations

524.1.2Local Laws and Policies

534.1.3World Bank Policy

534.2Relative Laws and Policies Involved in Resettlement

534.2.1Relevant Laws and Policies involved in Permanent Land Acquisition

594.2.2Relevant Laws and Policies of House Demolition

694.2.3Relevant Policy of WB Involuntary Resettlement

704.3Compensation Policy for Resettlement of the Project

704.3.1Principles of Compensation in the Project

704.3.2Compensation Policy

755Compensation Rate

755.1Compensation Rate for Rural Collective Land Acquisition

765.2Compensation Rate for State Land

775.3Compensation Rate for Temporary Land Acquisition

775.4Compensation Rate for Rural House Demolition

785.5Compensation for Enterprise Demolition

805.6Compensation Rate for Shop Demolition

805.7Compensation for Temporary buildings

805.8Compensation Rate for Ground Attachment and Public Facility

836Resettlement Program

836.1Resettlement Objectives

846.2Resettlement Programs for APs of Land Acquisition

846.2.1Income Effect Analysis

866.2.2Agricultural Population Resettlement

866.2.3Labor Resettlement

876.2.4Retirement Resettlement

876.2.5Rehabilitation Plan for Temporary Land Acquisition

876.2.6House Reconstruction Plan

896.2.7Resettlement for Enterprises and Shops

926.2.8Resettlement Plan for Temporary buildings

926.2.9Affected Infrastructure and Ground Attachment

936.2.10Rehabilitation Plan for Vulnerable Groups

947Public Participation

947.1Public Participation Strategy

957.2Public Opinions Survey

967.3Public Participation Process and Policies Disclosure

1018Procedures of Appealing

1029Organizations

1029.1Relevant Organizations of Resettlement Action

1039.2Organizational Chart

1039.3Organizational Constitution and Responsibilities

1039.3.1Shanghai APL Urban Environment Leaders Panel (LP)

1049.3.2Shanghai APL Urban Environment Project Office (SHUEPO)

1049.3.3Administrative Institutions for each Sub-projects

1049.3.4Implementation and Management Institution of Each Sub-project

1059.3.5Design and Research Institute (DRI)

1069.3.6External Monitoring Institution (EMI)

1069.4Organizational Qualification and Staffing

1079.5Measures for Strengthening Organizational Capability

10910Schedule of Implementation

10910.1Resettlement Joint with Construction of the Project

10910.1.1Key Tasks for Permanent and Temporary Land Occupation and resettlement

11010.1.2Key Tasks for Residential Houses Relocation

11010.1.3Key Tasks for Enterprises and Institutions Relocation

11110.2Schedule for Key Tasks in Resettlement Implementation

11110.2.1The principles for making schedule of acquisition and resettlement

11210.2.2Overall Schedule of Land Acquisition and Resettlement

11511Cost and Budget

11511.1Cost

11811.2Capital Source

11811.3Cash Flow and Allocation Plan

11811.3.1Cash flow procedure

11811.3.2Allocation Plan

11912Monitoring and Evaluation

11912.1Internal Monitoring and Supervision

11912.1.1Implementation Procedures

11912.1.2Indicators to be Monitored

11912.1.3Internal Monitoring Reports

11912.2External Independent Monitoring

11912.2.1Independent Monitoring Institution

11912.2.2Responsibilities

11912.2.3Procedures and Contents

11912.3Monitoring Indicators

11912.4Ex-post Evaluation

11913Entitlement Matrix

119Appendix Resettlement Policy and Program of Huaxin Sewage Treatment Plants Project

119Appendix 2 Resettlement Programs for Sub-projects

119Closure and movement Project for Sanlin Garbage Ground

119The Second Waterworks Depth Treatment Project in Minhang

119Changqiao Waterworks Reconstruction Project of Southern City Waterworks

119West Mainline Reconstruction Project

119Chongming Chengqiao Sewage Treatment Project

119Qingpu Huaxin Sewage Treatment Pipe Network Project

119Jinshan Garbage Collection and Transportation System Project

119Linkong Press-plus Pumping Station Project,Huaxiang Pumping Station Project, Qingpu District Xujing and Huaxin Water Supply Pipeline Project

119Appendix3 Outline of Independent Monitoring and Evaluation on Resettlement

List of Tables

cONTENTS OF sUMMARY tABLE

ITable 1Constituents of APL Shanghai Urban Environment Project (Phase II)

VTable 2 Land Acquisition Situation

VIITable 3 Rural House Demolition

VIITable 4 Directly Affected Population

XITable 5 Calculating Coefficient of Standard House Demolition

XIITable 6 Compensation Standard for Demolished Peasants Houses and Attachment

XIVTable 7 Compensation Rate for Demolished Enterprises

XVTable 8 Compensation Rate for Demolished Shops

XVIITable9 Effect on Towns and Villages of Project Land Acquisition

XVIIITable 10 Resettlement Situation of Population Affected by planting Land Acquisition in Each Sub-project

XXTable11 Merchandise House Source in the Round of Affected Areas

XXITable 12House Resettlement Situation Balance of Each Sub-project

cONTENTS OF main EXT tABLE

9Table 1.1Project Components of SHUEP (Phase II)

9Table 1.2 Basic Situations of Each Sub-projects in SHUEP(Phase II)

12Table 1.3 Design Progress of Each Sub-project

14Table 1.4 Investment and Capital Source of Each Sub-project

21Table 2.1Land Acquisition Situation

Error! Bookmark not defined.Table 2.2Temporary Land Acquisition of Each Sub-project

24Table 2.3 Rual House Demolition

24Table 2.4 Demolished House Acreage and Proportion of Residents/ hh

26Table 2.5Basic Situations of Affected Enterprises*

30Table 2.6 Affected Shops Situations

33Table 2.7 Collection of Affected Shop Demolition

34Table 2.8 Schedules of Temporary buildings

35Table 2.9 Directly Affected Situations

36Table 2.10Basic Situations of the Affected Vulnerable Groups

37Table 2.11 Affected Ground Attachment and Public Facilities

40Table 3.1 Statistics of Shanghai Basic Socio-economic Situations

41Table 3.2 Basic Socio-economic Situations in the Affected District (County) in 2003

43Table 3.3 Gender Proportion of the Interviewees

44Table 3.4 Employment Conditions of the Interviewees

45Table 3.5 Annual Income and Expense Structure of the Surveyed Families

47Table 3.6 Schedule of Basic Socio-economic Situations

49Table 3.7 Annual Income and Expense of the Surveyed Families

50Table 3.8 Schedule of Basic Socio-economic Situations of Affected Villages and Teams

51Table 3.9 Annual Incomes and Expense of the Surveyed Families

65Table 4.1Resettlement Acreage of Standard House Exchange

73Table 4.2 Calculating Coefficient of Standard House Demolition

85Table 6. 1 Effect on Every Town and Village of Project Land Acquisition

86Table 6.2 Resettlement Situation of Population Affected by Land Acquisition in Each Sub-project

88Table 6.3 Merchandise House Source in the Round of Affected Areas

89Table 6.4 Balance of House Resettlement for Every Sub-project

91Table 6.5 Resettlement of Affected Enterprise*

92Table 6.6 Resettlement of Affected Shops with License

96Table 7.1 Policy Publication Process

102Table 9.1 Table of Shanghai APL Urban Environment Project Organizations

106Table 9.2 Staffing of the Resettlement Institution Involved in Each Sub-Project

107Table 9.3 Specific Implementation Institution of Each Sub-project

List of Figures

8Chart 1.1Distribution Sketch Map of SHUEP

44Chart 3.1 Educational Degree of the Interviewees

4

45Figure 3.2 Residents Income Structure in the Land Acquisition Area

103Figure 9.1 Organizational Chart of SHUEP

113Figure 9.2 Schedules of Project Implementatin and Resettlement

118Chart 9.3Cash Flow Chart of Resettlement Capital

119Figure 11.1 Independent M&E Technical Method

Abbreviations & Acronyms

Aps Affected Persons

DRI Design and Research Institute

EMI External Monitoring Institution

LP Shanghai APL Urban Environment Leaders Panel

MUArea Unit (1 Mu= 0.0667 Ha)

M&E Monitoring and Evaluation

PMOProject Management Office

RAPResettlement Action Plan

SHUEPO Shanghai APL Urban Environment Project Office

WBWorld Bank

CURRENCIES

RMBChinese Yuan (Renminbi)

USDUnited States Dollar

Conversion rate: 1USD = 8RMB

Executive Summary

A. Project Background

Along with Shanghai Social and economic development, Shanghai environment stress becomes heavier and heavier. To further improve the environment, to set Shanghai image as a metropolis and to promote Shanghai comprehensive and sustainable social and economic development, on the basis of APL WB funded Shanghai Urban Environment Construction Project (Phase I), Shanghai Municipality plans to implement another large-scaled environment construction project that is Shanghai Urban Environment Construction Project (Phase II). The whole project can be classified into four: Shanghai Urban Solid Waste Treatment Project, Shanghai Waterworks Reconstruction Project, Shanghai Sewage Drainage Pipelines Construction Project and Shanghai Suburban Environment Construction Project with 14 sub-projects included. The whole investment of the Project is 4125 million Yuan, among which 1348 millionYuan comes from World Bank. The whole project is planned to begin in January 2005 and end in December 2008. The basic situations of every sub-project can be seen in Table 1.

Table 1Constituents of APL Shanghai Urban Environment Project (Phase II)

No.

Type of Project

Location

Project Name

Construction Content

Remarks

1

Shanghai Urban Solid Waste Treatment Project

Sanlin Town Pudong District

Closure and movement Project for Sanlin Garbage Ground

Garbage movement, internal closure and ecological rehabilitation projects

2

Jiwang Town Minhang District

Closure Project for Minhang Garbage Ground

Internal closure and ecological rehabilitation project, occupying 210 mu

On the original ground, no need of RAP

Gucun Town Baoshan

Closure Project for Gucun Garbage Ground

Internal closure and ecological rehabilitation, occupying 177 mu

On the original ground, no need of RAP

Shanghai Water works Reconstruction Project

Minhang and Songjiang District

The Second Waterworks Depth Treatment Project in Minhang

Tap Water Preemptive and Depth Treatment Construction project

Huajing Town Xuhui District

Changqiao Waterworks Reconstruction Project of Southern City Waterworks

0.8 million tons/day regular treatment and 14 million tons/day for the whole work depth treatment step by step reconstruction

Beizhai Road Changning District

Linkong Press-plus Pumping Station Project

Linkong Press-plus dumping station

Qingpu District

Huaxiang Pumping Station Project

Dumping station

Qingpu

District

Xujing and Huaxin Water Supply Pipeline Project

The whole length is 57.26km,pipe diameter isDN500DN1200mm

Shanghai Sewage Drainage

Putuo District, Zhaibei District ,Baoshan District

West Mainline Reconstruction Project

Dumping and pipe network system reconstruction

Heqing Town, Chuansha County, Pudong New District

Shanghai Bailonggang Sewage Treatment Project

217tds/d for short-term, 210t/d for long-term sewage treatment

Construct in the Reservation, no need of RAP

1

Shanghai Suburban Environment Construction Project

Chengqiao Town of Chongming County

Chongming Chengqiao Sewage Treatment Project

Sewage Plants and Pipe Network System

Chongming County

Chongming Living Dump Integrated Treatment Project Phase I

Garbage Ground Construction Project

Bottomland occupied, no need of RAP

Huaxin Town Qingpu District

Qingpu Huaxin Sewage Treatment Pipe Network Project

Pipe Network and Dumping Stations

Jinshan District

Jinshan Garbage Collection and Transportation System Project

Collection Tools, Transport Stations Construction

The table 1 reveals that among the 14 sub-projects there are 10 involving in land acquisition and house demolition and resettlement. According to WB requisition, 10 RAPs should be compiled. Meanwhile, because it is difficult to divide the affected amount of Linkong Press-plus Pumping Station Project, Huaxiang Pumping Station Project and Xujing and Huaxin Water Supply Pipeline Project, the three projects are collected to compile a RAP (as one sub-project). Therefore, the RAP of the Project consists of one overall report and 8 reports of sub-projects.

BProject Effect

The overall number of the districts (county) affected by the land acquisition and demolition amounts to 10 that is Minhang, Songjiang, Xuhui, Changning, Qingpu, Zhabei , Baoshan, Jinshan and Chongming. And among those, the permanent land acquisition involves in 10 districts (or county, the same to the above); both land acquisition and house demolition affect 5 districts (county) including Xuhui District, Putuo District, Zhabei District, Baoshan District and Chongming County. This project needs to requisition 580mu land and demolish 150796 m2 house. The whole affected households amount to 1259 with 4854 persons.

The whole project has 7 sub-projects involving in permanent land acquisition and they are The Second Waterworks Depth Treatment Project in Minhang, Changqiao Waterworks Reconstruction Project, Huaxiang and Linkong Press-plus Pumping Station Project, West Mainline Reconstruction Project, Chongming Chengqiao Sewage Treatment Project, Qingpu Huaxin Sewage Treatment Pipe Network Project and Jinshan Garbage Collection and Transportation System Project. All the permanent occupied land amounts to 580.59mu, among which there are 480.46mu collective land (planting land 96 mu, housing plot 110 mu, non-agricultural construction land 116.3 mu and other non-planting land 158.15 mu) and 100.13mu state land transferred in charge. The permanent land acquisition affects 444 persons, among which 150 persons belong to labor force. Besides, Closure and movement Project for Sanlin Garbage Ground needs to occupy 620 thousand 620 thousand m3 waste mining tunnels of Shanghai Jingfeng Industrial Co., Ltd with the details in Table 2.

In the whole project, there are 6 sub-projects involving in temporary land acquisition and they are The Second Waterworks Depth Treatment Project in Minhang,Linkong Press plus Pumping Station, Xujing and Huaxin Pipelines Project, West Mainline Project, Chongming Chengqiao Sewage Treatment Project, Qingpu Huaxin Sewage Treatment Pipe Network Project and Jinshan Garbage Collection and Transportation System Project. The whole occupied land amounts to 948.4mu, among which 322.3mu collective planting land and 626.1mu roads and virescence. The occupation term is 3 months at least and 1 year at best without persons affected.

In the whole project there are 3 sub-projects involving in rural house demolition without effect on city houses and they are respectively Changqiao Waterworks Reconstruction Project (Phase I), Chongming Sewage Treatment Project and West Mainline Reconstruction Project. The whole demolished houses amount to 61086 m2, including 20485m2 brick and beton storied building, accounting for 31.96%; 11686 m2 brick and beton bungalow, accounting for 20.58%; 25159 m2 brick and wood house, accounting for 41.6%; and 3756m2simple house, accounting for 5.86%. The affected household amounts to 378 with 1385 persons and the details are shown in Table 3.

In the whole project there are 3 sub-projects involving in enterprises and they are Changqiao Waterworks Reconstruction Project(Phase I), West Mainline Reconstruction Project and Closure and movement Project for Sanlin Garbage Ground. The whole affected enterprises amount to 67 among which 66 are affected by house demolition and movement, 1 is affected by the land acquisition (Closure and movement Project for Sanlin Garbage Ground needs to occupy 0.620 thousand m3 waste mining tunnels of Shanghai Jingfeng Industrial Co., Ltd). The whole demolished houses of enterprises amount to 89710m2,including 21018 m2 framed houses, 58524m2 brick and beton houses, 8097m2 brick and wood houses and 2071 m2 simple houses. The project does not involve in institutions. The movement of enterprises affects 2881 persons including 2347 temporary workers.

In the whole project there are 2 sub-projects involving in shop demolition and they are Changqiao Waterworks Reconstruction Project (Phase I) and West Mainline Reconstruction Project. The whole affected shops amount to 58, totally non-business constructions, among which 6 shops have business license, and 52 shops have not. The houses of shops who have license amount to 185m2 and those who have no license amount to 1237 m2, calculated into residents houses and the houses above are all brick and beton framed. The whole affected persons of shops demolition amount to 144, including 17 persons affected by the demolished shops who have license(7 temporary workers) and 127 persons affected by the those who have no license(all of them are rented by the temporary workers).

In the whole project there are 6 sub-projects directly affecting population of all varieties. The directly affected population comes from land acquisition, house demolition, enterprise demolition and shop demolition with totally 4854 directly affected persons among which 444 are affected by land acquisition and 150 labors should be resettled; 378 households with 1385 persons are affected by residents house demolition; 2881 persons are affected by enterprise demolition including 2347 temporary workers; 144 persons are affected by shop demolition including 134 temporary workers. The affected population of each sub-project can be seen in Table 4.

In the whole project only Huaxiang Pumping Station, Linkong Pumping Station, and Xujing, Huaxin Water Supply Pipelines Projects involves in Temporary building with total 2140m2 acreage belonging to simple framed houses.

The project affects 37 kinds of ground attachment and public facilities.

Table 2 LAND ACQUISITION SITUATIONS

Sub-project Name

Sub-project

Occupation Acreage(mu)

Collective Land(mu)

Transferred State Land(mu)

Remarks

Grain Land

Vegetable Land

Non-planting Land

Sub-total

Housing Plots

Non-planting Construction Land

Other Non-planting Land

The Second Waterworks Depth Treatment Project in Minhang

waterworks

22.45

0

0

15.0

0

15.0

0

7.45

15.0mu of Shanghai Jiangchuan Glass Steel Refrigeratory Plant; 7.45mu virescence land of Shanghai Minchuan Stock and Logistics Co., Ltd

Changqiao Waterworks Project

Waterworks

101.0

0

0

101.0

50

0

51.0

0

Residents houses of Gangkou Village, Huajing Town in Xuhui District and part of enterprise land

Huaxiang and Linkong Press-plus Pumping Station Project

Huaxiang Pumping Station

25.6

25.6

0

0

0

0

0

0

Guangenglang Team of Xinjianong Village in Huacao Town

Construction of temporary warehouses of tenants

Linkong Press-plus Pumping Station

6.0

0

0

0

0

0

0

6.0

Linkong Economic Park


Xincun Road Pumping Station

288.71

0

0

0

0

0

0

1.5

Internal Telephone Facility Supply Company

Zoumatang Pumping Station

0

0

16.81

0

0

16.81

0

Xingfu Village, Pengpu Town in Zhaibei District

Yunzaobang Pumping Station

0

0

0

0

0

0

23.81

Changbei Village, Miaoxing Town in Baoshan District

Yueluo Pumping Station

0

0

16.5

0

0

16.5

0

Maosheng Village, Yuepu Town in Baoshan District

Sewage Pipeline

0

0

222.3

60

101.3

61

7.78

19 villages in 6 towns


Sewage Treatment Plant

105.23

38.8

0

12.84

0

0

12.84

49.84

51.64mu(planting and road land) in Jinhai Village of Chengqiao Town; 53.59mu state land(5 companies involved in)

Pipeline Networks System

0

0

0

0

0

0

3.75


Pipeline Networks System

8.65

8.65

0

0

0

0

0

0

1.63mu of Jiebang Team in Mayang Village; 2.1mu of Maohuobang Team of Zhoubang Village;1.84mu Tingdong Team of Changbang Village, 1.55mu of Xujia Team of Xinmuqiao Village


7 Transportation Station

22.95

22.95

0

0

0

0

0

0

7 villages in 7 towns

Total

580.59

96

384.45

110

116.3

158.15

100.13

Table 3 Rural House Demolition

Sub-project Name

Household (hh)

Population (person)

House acreage(m2 )

Total

Brick and beton

Storied building

Brick and beton bungalow

Brick and wood

Simple

Changqiao Waterworks Reconstruction Project(Phase I)

96

264

20910

20485

425

0

0


16

57

2630

0

0

2630


266

1064

37546

0

11261

22529

3756

Total

378

1385

61086

20485

11686

25159

3756

Proportion

31.96%

20.58%

41.60%

5.86%

Note:1237m2 houses of shops that have no license are calculated into Changqiao Project without the renters.

Table 4 Directly Affected Population

Sub-project

Land Acquisition Effect

Demolished Resident Household

Affected Enterprise

Affected Shop

Totalperson

Populationperson

Labor

person

Householdhh

Populationperson

Qty

Populationperson

Casual laborer

(person)

Qty

Populationperson

Casual laborer

(person)

Changqiao Waterworks Reconstruction Project

0

0

96

264

4

1002

887

52

124

114

1390

Huaxiang and Linkong Press-plus Pumping Station Project ,Xujing, Huaxin Water Supply Pipelines

190

78

0

0

0

0

0

190


0

266

1064

62

1879

1460

6

20

20

2963


228

52

16

57

0

0

0

0

0

285


11

11

0

0

0

0

0

0

0

11


15

9

0

0

0

0

0

0

0

15

Closure and movement Project for Sanlin Garbage Ground

1

Total

444

150

378

1385

67

2881

2347

58

144

134

4854

C. Compensation Policy and Rate for the Project Resettlement

The compensation policy carried out in the project resettlement is formulated due to Land Administrative Law of P.R.C(January 1999), Improvement Directive of Land Acquisition and Compensation and Resettlement Institutes(November 3rd, 2004), Urban House Demolition Administrative Regulation(in effect since November 1st 2001),Directive Opinion on Urban House Demolition Appraisal(January 1st, 2004), Shanghai Implementation Methods of Land Administrative Law of P.R.C(approved at the 7th Meeting of Shanghai 10th Peoples Congress Standing Committee on February 4th,1999 and modulated at the 23rd Meeting of Shanghai 11th Peoples Congress Standing Committee on November 17th, 2000), Shanghai Urban House Demolition Administrative and Implementation Detailed Rules(No. 111 of Shanghai Municipal Command announced on October 29th, 2001), Shanghai Several Rules of Resettlement and Compensation for Collective Land Acquisition(No.13 of Shanghai Municipal Command[2002]),Shanghai Urban Low Rent House Trial(announced by Shanghai Municipality on September 3rd, 2000), Shanghai Land Access Transfer Methods (announced on May 21st, 2001, modified by Shanghai Municipality due to Shanghai Decision on Erection of Shanghai Land Access Transfer Methods on October 30th, 1996), Shanghai Administrative Methods of Agricultural Population Employment and Social Security for Collective Land Acquisition(No. 66 of Shanghai Municipal Command[2003]).

The main policy principal are:1) to take measures as much as possible to minimize adverse impact of the Project;2)the compensation and resettlement programs can improve or at least keep the living standards before the movement;3)to carefully negotiate with the resettled to ensure that they have the chance to comprehensively participate in the planning and implementation of RAP;4)all of the welfare affected by the Project should be compensated in the resettled cost;5)to adopt the principle of construction before demolition as much as possible. Before the construction and land acquisition and house demolition, the resettled should get all the compensation. Land and some relevant welfare acquisition should be carried out after payment of compensation or even supply of resettlement sits and movement subsidy if needed; and 6) to identify resettlement. The time criteria for identification of resettlement should be the publicizing date of demolition announcement. After the date, the resettled should not build new, enlarge or reconstruct houses, nor change house and land usage; nor rent land, and nor rent or merchandise house. The population coming in after the date have no the qualification.

The policy of the Project is in the following

Compensation Policy and Rate for Rural Collective Land Acquisition

(1)Where land is occupied, the compensation should be paid due to the previous use of the land. The compensation includes land compensation, resettlement subsidy and compensation for ground attachment and green seeding. The land compensation is authorized to the rural collective economic organizations; the compensation for ground attachment and green seeding should be paid to the owners of them; and the resettlement subsidy should be used for the special labor resettlement without other use. The time of yearly production for land compensation and resettlement subsidy should be confirmed in the legal scope in the principle of no decrease of peasants living standard before land acquisition; If the compensation and resettlement fee calculated at the price of universal yearly production can not keep the previous living standard or pay for the social security fees for the landless peasants as land acquisition, the time should be increased after approved by Shanghai Authourity; if 30 times of total amount of the compensation and resettlement subsidy still can not keep the previous living standard, the subsidy should be allocated in portion from the state land transfer benefit in the universal arrangement of Shanghai Peoples Municipality.

(2) As for the land compensation rate, where planting land is occupied, the rate is 12000yuan/mu for the corn and grain land and that is 28000yuan/mu for the vegetable base due to the different use. Where the non-planting land is occupied, the land can be divided into housing plot, non-agricultural construction land and other land. The compensation for housing plot takes location into account and should be included in the calculation of compensation for house demolition with 1.25 coefficient multiplied without separate computing, the non-agricultural land should be compensated in the evaluated price of every district or county; as for other non-planting land the compensation should be carried out in the price of 60000yuan/mu.

(3)the resettlement subsidy for the planting land acquisition should be calculated due to the agricultural population who needs to be resettled. The agricultural population in need of resettlement should be calculated due to the occupied planting land amount dividing the planting land proportion for each person of the occupied unit before land acquisition. The labor resettlement subsidy is paid due to different ages and gender with the rate of 90000yuan/person to 120000yuan/person. The resettlement subsidy is calculated at the average price of 105000yuan/person. And during the practical compensation, the subsidy per mu should be given due to the ratio of land to labor in the affected towns and villages.

(4) Compensation for green seeding and fees for ground attachment and green seeding should be paid to the owners. In the Project, the green seeding should be compensated at the price of 1080yuan/mu. The other ground attachment should be compensated due to the practical situations. In the Project the compensation for ground attachment should be 10000 to 25000yuan/mu.

(5) The planting land occupation tax is 6 thousand yuan/mu;the reclamation of planting land is 25 thousandyuan/mu;convert fee of non-planting land is 5 thousand yuan/mu.

State Land Compensation Policy and Rate

Where the land access is transferred in charge, the endorser should sign contract with the transferee and register for this. The transfer price is negotiated and confirmed by the two parts. However, if the price is obviously lower than the market price, the city or county governments have the priority to purchase. While if the market price increases unreasonably, the city or county governments can take some necessary measures.

The countermeasure of state land access transfer in charge is to compensate for the rest term of land, at the price calculated due to evaluated market price of land transfer in charge and the ground attachment and framed construction is compensated at the replacement cost. If the permanently occupied land is allocated in administration, it can be taken back freely and the ground attachment and framed construction is compensated at the replacement cost. Since the Project benefits to the public, free allocation can be applied for to Shanghai Peoples Government.

After getting planning and construction license from city or district, the project construction organization can negotiate with the demolished organizations about the state land access transfer with appraisal of land evaluation organization with certain qualification. The price in the budget is that negotiated with the endorsers while compiling RAP.

In the Project, the transfer price of the state land occupied by Chongming Sewage Treatment Plant is 360 thousand yuan/mu, that of the land occupied by The Second Waterworks Depth Treatment Project is 375 thousand yuan/mu, that occupied by Huaxiang, Linkong Pumping Station is 22641 thousand yuan/mu and that occupied by West Mainline Project is 3600 thousand yuan/mu.

Compensation Policy and Rate for Temporary Land Acquisition

The compensation for temporary rural collective land acquisition is calculated due to occupation use and loss, including green seeding compensation and land rehabilitation fee.

As construction, the temporarily built office houses need to occupy state land, and then the compensation should be paid to the affected department at 0.3yuan/m2 due to the occupied acreage and term. After implementation, the project organizations are responsible for removing and clearing the ground.

Where state land is occupied temporarily for pipelines pavement, the compensation for land acquisition is not calculated and for the demolished ground attachment the compensation should be paid at the replacement cost. After implementation, the project organizations are responsible for restoring due to previous standard and scale with the fee in the project construction fund.

House Compensation Policy and Rate

(1) Resettlement ways for demolition and resettlement. It can adopt currency compensation, exchange of house property rights in the same compensation amount (value-standard house exchange later) and the house property rights exchange inter-location on the basis of house construction acreage can be adopted without difference in resettled acreage (acreage-standard house exchange later).

Where house is exchanged, the demolisher should provide two or more resettlement houses audited by district or county house and land administrative bureaus for the demolished and house renters to select.

(2)Currency compensation amount of residential houses. As for the residential houses demolition, the currency compensation amount should be confirmed in the principle of reconstruction, calculated due to the evaluated unit price of the demolished house in real estate market and the construction acreage of the demolished houses. The market unit price of the demolished houses is that of real estate market, if the latter is lower than the minimum compensation unit price, the compensation should be calculated at the minimum unit priceIts currency compensation formula is: the real estate market unit price of the demolished houses + price subsidy)the construction acreage of the demolished houses.

3acreage-standard house exchange. Due to the demolished house acreage, the certain acreage should be resettled with plus of the cent age in Table 5.

Table 5 Calculating Coefficient of Standard House Demolition

Location of Demolished House

Location of Settled Houses

Fourth

Fifth

Sixth

First, Second, Third

30

60

100

Fourth

40

70

4relevant fees including movement subsidy for demolished residential houses. The demolishers should pay to the demolished the movement subsidy, facility movement fee and temporary resettlement subsidy during transition, and the temporary resettlement subsidy increased since the exceeding month of transition.

5Compensation Rate

Due to the policies carried out in the Project the demolished rural houses of Changqiao Waterworks Reconstruction Project all locate in Zhangjia Pool in Gangkou Village of Huajing Town, belonging to Level D area of Xuhui District(south of Longhua Harbor, southeast of Humin Road and north of Dingpu River). The least compensation unit price is 2300yuan/m2 and compensation co-efficient is not less than 20%. The demolished enterprises of West Mainline Reconstruction Project locate in Miaoxing Town of Baoshan District(Level A area with 2713yuan/m2 as the least compensation unit rate and no less than 400yuan/m2 as price subsidy coefficient), Gucun, Yangxing and Yuepu Town(Level D area with 1799yuan/m2 as the least compensation unit rate and no less than 350yuan/m2 as price subsidy coefficient),and Luodian Town(Level E area with 1246yuan/m2 as the least compensation unit rate and no less than 350yuan/m2 as price subsidy coefficient). The compensation rate for rural houses in Chongming Chengqiao Sewage Treatment Plant can take that of nearby district and county as reference.

Due to the practical price of local merchandise houses of the least compensation unit price in the affected areas, and after negotiation with demolished residents, the final compensation price is confirmed and the compensation fee includes that for housing plots. After getting compensation, the residents whose house demolished should be ensured to purchase houses in the near areas. The compensation rate for rural house demolition of the two sub-projects can be seen in table6.

Table 6 Compensation Standard for Demolished Peasants Houses and Attachment

UnitYuan/unit

Project

House Compensationyuan/M2

Compensation for attachment

other compensation

brick-concreted

brick-wood

Simple

phoneYuan/one

CATVYuan/household

subsidy for movementyuan/M2

Transition fee for movementyuan/M2

Compensation for decorationyuan/M2

Movement prizeyuan/M2

Changqiao Waterworks Reconstruction

4440

150

240

12

400

400

9000

West Mainline Reconstruction

5050

4850

4250

150

240

12

400

400

9000

Chongming Sewage Treatment Plant

3200

150

240

12

400

400

9000

Compensation Policy for Enterprises and Shops

To demolish the residential houses, the cash compensation shall be determined by the real estate market. To those choose exchange house, the price difference between cash comenstaion and real exchange market shall be calculated.

To demolish the non-residental house which is not rented or the rented house which has negosiated rent, the demolisher compensates the losses to the demolished if the demolished has released agreement with the renters; otherwise, if the demolished can not reach the agreement with the renters, the demolisher shall compensate the demolished with exchange house and the rent can continue the rent. In second case, the demolished shall sign a new contract with the original renter.

To demolish the non-residental house has governmental rent rate and the house is owned by the State, if the demolished choose compensation in cash, the demolished shall resettle the renters and their rent contract continiue; if the demolished choose compensation in exchange house, demolisher shall pay 20% of the house compensation at the price of real estate market to the demolished and pay other 80%of the compensation to the renters. In second case, the rent contract ended naturally.

To demolish non-residental house, the demolisher shall pay following compensation fot the demolished and the renters: (1) freighatage cost, equipment installation cost, equipment movement cost according to concernted policy of the State and Shanghai. (2) The equipment can not re-used shall be compensated at replacement cost.(3) the losses of stop production and shutdown caused by demolition.

Compensation rate for enterprises

To classify due to enterprises house nature and license possession, the affected enterprises can be divided into 4 types. The project only involves in 2 types, one is that in business houses with license and 9 shops(5 shops are state owned and 3 are private owned, Closure and movement Project for Sanlin Garbage Ground only affect attachments) in the Project belong to this type; the other one is that in residential houses without license and the rest 58 enterprises belong to this type.

Complied with the policies of Shanghai, all the enterprise houses should be compensated at the market price(land price included) Compensation includes the loss of business and production cease and equipment displacement cost. During the movement the staff in enterprises and shops will get no loss of rights and interests including wage, medical and social insurance, dividend and bonus and etc and thus the staff will never lose jobs since movement. The temporary workers who have been informed 3 months before should get free information to find new jobs as soon as possible.

The demolished enterprises of Changqiao Waterworks Reconstruction Project all locate in Gangkou Village of Huajing Town, belonging to Level D area of Xuhui District(south of Longhua Harbor, southeast of Humin Road and north of Dingpu River). The least compensation unit price is 3300yuan/ m2 and compensation co-efficient is not less than 20%. The demolished enterprises of West Mainline Reconstruction Project locate in Miaoxing Town of Baoshan District(Level A area with 3500yuan/m2 as the least compensation unit rate and no less than 400yuan/m2 as price subsidy coefficient), Gucun, Yangxing and Yuepu Town(Level D area with 2800yuan/m2 as the least compensation unit rate and no less than 350yuan/m2 as price subsidy coefficient),and Luodian Town(Level E area with 2300yuan/m2 as the least compensation unit rate and no less than 350yuan/m2 as price subsidy coefficient).

After negotiation with enterprises, the compensation for house demolition in Changqiao Waterworks Reconstruction Project includes that for land acquisition of the enterprises; while in the West Mainline Reconstruction Project the government is responsible for provision enterprise land in the industrial park for the moved enterprises and thus the compensation for enterprises house demolition excludes that for land acquisition. All the compensation prices are the average ones and the average compensation rate for demolished houses can be seen in Table 7.

Table 7 Compensation Rate for Demolished Enterprises

Sub-project Name


Loss of Production Ceaseyuan/M2

Facility Movement Feeyuan/factory

Framed

Brick and Beton

Brick and Wood

Simple


4600

3600

3200

640

250

1000


1600

1200

640

250

1000

Compensation Rate for Shops

To classify due to shops house nature and license possession, the affected shops can be divided into 4 types. The project only involves in 2 types, one is that in residential houses with license and 6 shops in the Project belongs to this type; the other one is that in residential houses without license and the rest 52 shops belongs to this type. The property owners of the houses rented as shops should be compensated due to the house compensation rate (land price included), seeing table 8.The compensation rate for loss of business and production cease is 250 yuan/m2. To all shop operators, pay the compensation at the rate of 100000yuan/unit at one time. In addition, inform the shop renters one month in advance, with the money and time, they can find another place to continue their business with the help of rent news provided by executive organization. The temporary workers who have been informed 3 months before can get free information for new jobs as soon as possible.

The demolition organization should inform in advance and provide the rent information of shops in the same acreage and in the same areas for them to look for suitable houses to keep usual business with compensation for movement.

Table 8 Compensation Rate for Demolished Shops

Sub-project Name


Framed

Brick and beton

Brick and wood

simple


/

4400

3200

/


/

5050

4850

/

Compensation Policy for Affected Ground Attachment, Scattered Fruit Trees and Public Facilities

After the demolishers compensate to the property owners in the principle of reconstruction, the property owners should restore and reconstruct.

Compensation for Temporary buildings

Due to Shanghai Several Rules of Resettlement and Compensation for Collective Land Acquisition announced by Shanghai Peoples Government on April 10th 2002, those Temporary buildings whose term is still in authorization can be given compensation at the replacement cost of 300yuan/m2.

Compensation for other Properties

The affected other properties should be compensated or restored due to ruled rate of Shanghai. As for those having not been ruled, compensation should be carried out due to market price.

Supporting Policy for Vulnerable Groups

Besides the corresponding policies above, the affected vulnerable groups can also get some other favorable policies such as:

(1) to demolish low rent house, the demolisher shall priorityly provide exchange house and properly derate the payment for exceeding part of resettlement house.

(2) To demolish the house belong to or rented by bereaved old folks, disabled and orphans, give the compensation as areage-standard exchange house.

(3)The labor force in the vulnerable families should be given occupation training with employment information and instruction to create employment opportunity.

(4)During the implementation, the works with low technical requisition should be provided prior to the young ones of the vulnerable families.

(5) The organization which is responsible for demolition and movement should try best to help and support the movement of the vulnerable families.

D. Resettlement Programs for APs of Land Acquisition

In the Project there are 480.46mu collective land occupied, including 96mu planting land in which there is 25.6 mu with temporary warehouses on it rented for materials, half-production and production storage. The planting land else is farmed by the land contractor and not sub-contracted to peasant workers from other places. The permanent land acquisition affects 444 persons, including 150 labors. The rural households whose lands are permanently occupied will get reasonable compensation. As there is much difference in production of different kinds of land between different areas and thus the ratio of land to labor is different too, the resettlement subsidy of different areas is much different accordingly. The total compensation is from 90000 to 120000yuan/mu.

1Income Effect Analysis

Due to the socio-economic survey in the project area, it is evident that the income from planting land of the peasants land occupied accounts only for 0 to 13% of the total income; the main source is non-agricultural income, which accounting for more than 85%. Income from being employed and making business occupies most in non-agricultural income, accounting for 90%. Since the income is mainly from non-agriculture and not all the land of most peasants has been fully occupied, the effect on the peasants almost goes nothing with 1% as the most effect rate. Therefore, the peasants income effect of land acquisition can nearly be omitted. For details, see Table 9.

Table9 Effect on Towns and Villages of Project Land Acquisition

Project

Affected Towns and Villages

Planting Grossmu

Agricultural Population

Ratio of Land to Labor

Occupied Landmu

Land Acquisition Effect rate (%)

Income per capita before land acquisitionYuan

Income structureYuan

Rate of income from agriculture accounting income per capita%

Effecting rate of land acquisition to income per capita%

Agriculture

Industry

Tertiary industry

Chongming Chengqiao Sewage Treatment Plant Project

Jinhai Village, Chengqiao Town in Chongming County

913

623

1.47

38.8

4.25

16530

700

8400

7430

4.23

0.18

Jinshan Garbage Collection and Transportation System Construction Project

Sanxin Village of Ganxiang Town in Jinshan District

2500

1800

1.39

10.2

0.41

37300

3200

28000

6100

8.58

0.04

Bali Village of Zhangyan Town in Jinshan District

3000

1170

2.56

2.55

0.09

32510

4010

23500

5000

12.33

0.01

Dongxin Village of Tinglin Town in Jinshan District

3080

1250

2.46

2.55

0.08

30900

2400

24300

4200

7.77

0.01

Hexing Village of Zhuxinxing Town in Jinshan District

2800

1806

1.55

2.55

0.09

35400

3500

26400

5500

9.89

0.01

Jinguang Village of Caojing Town in Jinshan District

2900

1902

1.52

2.55

0.09

37060

3060

26700

7300

8.26

0.01

Shangnan Bang of Fengjing Town in Jinshan District

3200

1310

2.44

2.55

0.08

29480

2080

22000

5400

7.06

0.01

Qingpu Huaxin Sewage Treatment Plant Project

Mayang Village of Huaxin Town in Qingpu District

1250

1300

0.96

1.63

0.13

8000

294

6400

1306

3.67

0.00

Zhoubang Village of Huaxin Town in Qingpu District

450

500

0.90

2.1

0.47

8500

309

6700

1491

3.63

0.02

Xuxie Village of Huaxin Town in Qingpu District

900

1000

0.90

1.53

0.17

12000

28

10200

1772

0.23

0.00

Zhuchang Village of Huaxin Town in Qingpu District

900

750

1.20

1.84

0.20

7000

16

6500

484

0.23

0.00

Muqiao Village of Huaxin Town in Qingpu District

1300

1400

0.93

1.55

0.12

7500

185

5200

2116

2.46

0.00

Huaxiang Road Reservoir and Pumping Station Project

Xinjianong Village of Huacao Town in Minhang District

700

660

1.06

25.6

3.66

7560

0.00

0.00

7560

0.00

0.00

2Agricultural Population Resettlement

Due to Shanghai Several Rules of Resettlement and Compensation for Collective Land Acquisition, for the agricultural population in the Project, mainly there are two ways of assimilation resettlement (for labors of land acquisition) and retirement resettlement (for retirement persons of land acquisition).The formers objects are those labors who have formal labor ability and whose age is 16 to 55 years old for the male and 16 to 45 years old for the female, while the latters objects are those whose age is 55 years old above for the male and 45 years old above for the female. The Project involves in 444 persons totally for land acquisition, among which 150 persons need to be resettled. The resettlement situations for population affected by land acquisition in each sub-project can be seen inTable 10.

Table 10 Resettlement Situation of Population Affected by planting Land Acquisition in Each Sub-project

Sub-project

Land Acquisition Effect

Population Resettlement

Population

(person)

Resettled Population(person)

Assimilation Resettlement(person)

Retirement Resettlement(person)

Huaxiang Pumping Station, Linkong Pumping Station, Xujing and Huaxin Water Supply Pipelines

190

78

49

29

Chongming Chengqiao Sewage Treatment Plant Project

228

52

36

16

Qingpu Huaxin Sewage Treatment Plant Project

11

11

7

4

Jinshan Garbage Collection and Transportation Construction Project

15

9

5

4

Total

444

150

97

53

3Labor Resettlement

The Project has 191 persons taking labor assimilation resettlement. The land compensation is handed out to the village to improve village economy or purchase other lands in the surrounding villages. Every resettled labor can get about 105000yuan as resettlement subsidy. Due to relevant rules, the resettlement subsidy can be handed out to the village and the affected labor as well. As for the former, it is the collective villages that are responsible for resettlement of these labors and keep their livelihood continue. While as for the latter, the labors can arrange their own livelihood, going on with their current occupation, or taking over other occupations as development fund.

From the socio-economic survey in the affected areas it is found out that in the areas the second and third industries has been developed very well, with quite many employment opportunities and active labor force market, which entitles it one of the richest areas. The peasants had not earned living on land for so long time that the agricultural income accounts only10% in the perspective of income structure. Therefore, the resettlement subsidy in the Project is handed out to the individuals directly according to the affected labors.

The affected labors will be included in township employment service scope due to the principle of market employment. They can get employment service such as occupation introduction and instruction supplied by public employment service agents at all levels or they can participate in the occupation training subsidized by the government. Those labor forces who carve out by themselves can get assistant policies such as setup instruction, carving training, assurance of setup loan or interest subsidy, informal employment and etc.

4Retirement Resettlement

In the project there are 53 persons to be resettled under this regulation.

Their resettlement subsidy should pay for land acquisition retirement pension.

The retirement pension consists of living expense, medical fee, subsidy and the like with term of 15 years for male and 20 years for female.

Those retirement persons male beyond 55 years old and below 60 and female beyond 45 and below 55 can choose to take part in little township social insurance with its resettlement subsidy priority to the insurance . Those persons land occupied which have been checked as entire loss of labor by city labor ability appraisal agents can be got involved in the retirement and can retire earlier. The term of land acquisition retirement pension should be plus with advanced term.

The land occupier should sign an agreement of retirement with the retirement persons for land acquisition.

The retirement fee for land acquisition is handed in from land occupier to the special retirement service agents appointed by the government of district or county as one-off. Since the next month of retirement fee paid, living expense can be received and medical service can be written off.

After measure, since the next month retirement fee is paid, the retirement persons can receive 332 Yuan pension monthly which will meet the basic living demand in Shanghai.

E. Rehabilitation Plan for Temporary Land Acquisition

In the whole project totally 7 sub-projects involve in temporary land acquisition, land amounting to 948.4mu, and among which 322.3mu collective non-planting land and 626.1mu roads and virescence. The occupation term is 3 months at least and 1 years at most. The temporary land acquisition is mainly caused by pipe network projects and the land is mostly non-planting collective land, roads, virescence of one side of roads and part of residents housing land. During implementation, the principle of minimizing effect will be insisted on to take corresponding measures including ceiling pipeline crossing roads, bridge pipeline crossing rivers. TThe land temporarily occupied will be compensated as compensation rate. After the term goes out, the project implementation institutes are responsible for demolishing the temporary houses and cleaning ground.

F. House Reconstruction Plan

In the whole project there are 3 sub-projects involving in rural house demolition and they are respectively Changqiao Waterworks Reconstruction Project (Phase I), Chongming Sewage Treatment Project and West Mainline Reconstruction Project. The whole demolished houses amount to 61086m2. The affected household amounts to 378 with 1385 persons.

In the project 3 choices are provided: 1) currency compensation; 2) exchange of house property rights in the same compensation amount (value-standard house exchange later); 3) and the house property rights exchange inter-location on the basis of house construction acreage can be adopted without difference in resettled acreage(acreage-standard house exchange later).

To sum up, in addition to choose the resettlement ways, the demolished resettlers can freely choose the resettlement location, house dimension (subsidy rate should be calculated by difference of the resettlement sites, if above, only certain differential should be paid and if below, compensation should be given).

As the survey on the merchandise houses and exchange houses in the areas above shows (See Table 11), the affected residents can purchase the houses in the same acreage at the same price in the same area and to know the house source situations around the affected areas, and the new houses mostly are developed in the recent 2 or 3 years with graceful environment and convenient transportation.

Table11 Merchandise House Source in the Round of Affected Areas

Sub-project Name

Location

Land catagory

Merchandise House Qty(set)

Exchange House Qty(set)

Price(yuan/m2

100 m2