RP1053 V2 REV R e s e t t l e m e n t A c t i o n P l a n Newly-built Harbin-Jiamusi Railway The Third Railway Survey & Design Institute Group Co., Ltd December 2013 Resettlement Plan for Newly-built Harbin-Jiamusi Railway Contents ABSTRACT ............................................................................................................................ 1 CHAPTER 1 INTRODUCTION .......................................................................................... 5 1.1 Project Description .......................................................................................................................... 5 1.1.1 Project Introduction ............................................................................................................................. 5 1.1.2 Project Modification Feasibility Adjustment ....................................................................................... 5 1.1.3 Project Adjustment Impact ................................................................................................................... 6 1.2 Preparation of the RAP ................................................................................................................... 7 1.3 Measures to Minimize Impacts of Construction and Resettlement ................................................. 8 1.3.1 Project Planning and Design Stage ..................................................................................................... 8 1.3.2 Project Construction Stage .................................................................................................................. 8 1.3.3 Implementation Stage .......................................................................................................................... 9 CHAPTER 2 SOCIO-ECONOMIC INVESTIGATION .................................................. 10 2.1 General Situation ........................................................................................................................... 10 2.2 Field investigation of TSDI (2009 and 2012)................................................................................ 10 2.3 Socio-economic Investigation of TSDI ......................................................................................... 10 2.4. The Affected People's Socio-economic Characteristics ............................................................... 14 2.4.1 Overview ............................................................................................................................................ 14 2.4.2 Human Resources .............................................................................................................................. 14 2.4.3 Natural Resources.............................................................................................................................. 15 2.4.4 Material Resources ............................................................................................................................ 16 2.4.5 Farmers’ Financial Resources ........................................................................................................... 18 2.4.6 Urban Residents’ Financial Resources .............................................................................................. 20 2.4.7 Condition of Ethnic Minorities .......................................................................................................... 21 2.4.8 Poor Families .................................................................................................................................... 24 2.4.9 Analysis of Social Sex ........................................................................................................................ 25 CHAPTER 3 PROJECT IMPACTS ................................................................................... 27 3.1 Project Impacts Scope ................................................................................................................... 27 3.2 Physical Indicators of Main Track Project Impacts ....................................................................... 27 3.2.1 Permanent Land Acquisition ............................................................................................................. 27 3.2.2 Temporary Land Acquisition .............................................................................................................. 37 3.2.3 House Demolition for the Main Track Project ................................................................................... 39 3.2.4 Population Affected by Main Track Project ....................................................................................... 42 3.2.5 Enterprises ......................................................................................................................................... 46 3.2.6 Affected Vulnerable Groups ............................................................................................................... 49 3.2.7 Scattered Trees, Graves and Others................................................................................................... 51 3.2.8 Infrastructure ..................................................................................................................................... 51 3.3 Physical Indicators of Environmental Impacts .............................................................................. 51 3.3.1 Noise and Vibration Impact ............................................................................................................... 51 3.3.2 Electromagnetic Environment Affect ................................................................................................. 52 CHAPTER 4 RESETTLEMENT POLICIES FRAMEWORK ...................................... 53 4.1 Resettlement Targets ..................................................................................................................... 53 4.2 Applicable Laws and Policies........................................................................................................ 53 4.2.1 Involuntary Resettlement Policy of the World Bank .......................................................................... 53 4.2.2 Legal Framework .............................................................................................................................. 55 4.2.3 State, provincial and city level laws and regulations ......................................................................... 57 4.3 Resettlement Policies .................................................................................................................... 67 4.3.1 Land Acquisition Policies .................................................................................................................. 67 4.3.2. House Demolition Policies ............................................................................................................... 67 4.3.3 Policies for Appendages and Infrastructure Compensation .............................................................. 68 CHAPTER 5 COMPENSATION STANDARDS AND BUDGET .................................. 70 Resettlement Plan for Newly-built Harbin-Jiamusi Railway 5.1 Compensation Standards ............................................................................................................... 70 5.1.1 Compensation Standards for Land Acquisition ................................................................................. 70 5.1.2 Compensation Standards for House Demolition and Ground Attachments ....................................... 76 5.1.3 Compensation Standards for Infrastructure and Special Facilities ................................................... 80 5.2 Estimated Resettlement Compensation ......................................................................................... 81 CHAPTER 6 RESETTLEMENT AND LIVING DEVELOPMENT .............................. 85 6.1 General Principles ......................................................................................................................... 85 6.2 Villagers Living Restoration ......................................................................................................... 86 6.2.1 Village Collective Land Ownership ................................................................................................... 86 6.2.2 Village Self-governance ..................................................................................................................... 87 6.2.3 Approach to Villager’s Production and Living Planning ................................................................... 88 6.2.4 Stage 1---General Production and Living Development Plan ........................................................... 88 6.2.5 Stage 2---Specific Village Production and Living Plan ..................................................................... 92 6.3 Resettlement Planning ................................................................................................................... 93 6.3.1 Production Resettlement Planning..................................................................................................... 93 6.3.2 House Demolition Resettlement Planning ....................................................................................... 101 6.3.3 Resettlement Planning for Affected Factories and Mines ................................................................ 107 6.3.4 Resettlement Plan for Affected Infrastructure ...................................................................................115 6.3.5 Resettlement of Vulnerable Groups...................................................................................................115 CHAPTER 7 RESETTLEMENT IMPLEMENTATION PLAN ................................... 116 7.1 Implementation Procedures ......................................................................................................... 116 201. B. Production restoration and compensation allocation ...................................................................116 203. C. House demolition and reconstruction ...........................................................................................116 7.2 Schedule ...................................................................................................................................... 117 7.3 The Appropriation of Funds ........................................................................................................ 119 7.3.1. Principles for Appropriation ............................................................................................................119 7.3.2. Authorities Responsible for the Management of Funds ...................................................................119 7.3.3. Funds Flow ......................................................................................................................................119 CHAPTER 8 ORGANIZATIONAL STRUCTURE ....................................................... 121 8.1 Organizational Framework .......................................................................................................... 121 8.2 Responsibilities of Organizations ................................................................................................ 122 8.3 High-level coordination............................................................................................................... 124 8.4 Institutional capability and training ............................................................................................. 124 CHAPTER 9 CONSULTATION, GRIEVANCE AND PARTICIPATION ................... 126 9.1 Consultation ................................................................................................................................ 126 9.1.1 Stakeholders..................................................................................................................................... 126 9.1.2 Stage, Ways and Contents of Public Participation .......................................................................... 128 9.1.3 Participation in Preparation............................................................................................................ 130 9.1.4 Public Opinion Survey ..................................................................................................................... 135 9.1.5 Participation Plan in Implementation Stage.................................................................................... 139 9.2 Publicity and Information Dissemination.................................................................................... 139 9.3 Grievance Redress ....................................................................................................................... 140 9.3.1 Procedures for Complaints and Appeals ......................................................................................... 140 9.3.2 Procedures for Complaints and Appeals ......................................................................................... 140 9.3.3 Principles to Deal with Grievances and Complaints ....................................................................... 141 9.3.4 Contents and Measures of Reply...................................................................................................... 141 9.3.5 Record Grievance and Final Feedback ........................................................................................... 142 CHAPTER 10 MONITORING AND EVALUATION ................................................... 143 10.1 Internal Monitoring ................................................................................................................... 143 10.1.1 Objective and Task ......................................................................................................................... 143 10.1.2 Institutions and Personnel ............................................................................................................. 143 10.1.3 Monitoring Contents ...................................................................................................................... 143 10.1.4 Implementation Procedures ........................................................................................................... 143 Resettlement Plan for Newly-built Harbin-Jiamusi Railway 10.1.5 Internal Monitoring Report ........................................................................................................... 143 10.2 Independent External Monitoring and Evaluation .................................................................... 144 10.2.1 Objective and Task ......................................................................................................................... 144 10.2.2 Institutions and Personnel ............................................................................................................. 144 10.2.3 Leading indicators of monitoring and evaluation.......................................................................... 144 10.2.4 Work Steps and Contents ............................................................................................................... 145 10.2.5 External Monitoring and Evaluation Report ................................................................................. 145 10.2.6 Post Evaluation.............................................................................................................................. 146 CHAPTER 11 RIGHT MATRIX ...................................................................................... 147 Resettlement Plan for Harbin-Jiamusi Railways Abstract 1. The Harbin-Jiamusi Railway is a double-track electric railway line extending as far as 343.344km. It is located in the mid-east region of Heilongjiang Province and situated in Harbin and Jiamusi at the south bank of the Songhua River. This research involves the main track of Harbin-Jiamusi Railway and relevant connecting lines for freight trains. The main track from Harbin Station to Jiamusi Station is 343.344km long. Binxi East and Chenggaozi connecting lines for freight trains, which are newly built by Harbin Hub, have a total length of 16.5km for upward and downward lines. This project will be implemented from early 2014 to mid 2018, with a total construction period of 4.5 years. Jiamusi Hub will reserve conditions for retaining Jiamusi-Tongjiang Line from Jiamusi Station to East Jiamusi Station, which will be constructed together with Jiamusi-Tongjiang Line. 2. The land acquisition affects residents in 5 urban resident groups, 108 villages, 4 sub-districts, 31 towns, 7 districts，3 counties and 2 cities. The main track starts from Harbin Station and ends at Jiamusi Station of Jiamusi City, go through Bin County, Fangzheng County and Yilan County, with a total roadbed length of 179.435km, bridge length of 154.064km and tunnel length of 9.845km and a 47.74% of bridge and tunnel length. 3. The total area of permanent land acquisition is 23,393.6 mu, of which 1,031.1 mu is existing railway land and 22,362.5 mu is newly acquired land, including 14,238.2 mu cultivated land (paddy fields 1,329.7 mu, dry 12,908.4 mu) which accounts for 60.86%% of the total land acquisition. All building demolition area along the main track reaches 382,442m2, including 58,468m2 of housing in the countryside (15.29% of the total demolition area), 197,070m2 of factory buildings (51.53%) and 126,904 m2 of housing in the urban area (33.18%). Altogether 14,342 people are affected, of whom 4,625 people (1,062 households) are in the rural areas. Among those affected in the rural areas, 3,494 people (844 households) are affected by land acquisition; 1,318 people (275 households) are affected by the demolition, 187 people (57 households) are affected by both. The project will impact a total of 39 factories and mines, which occupy a demolition area of 197,070m2 and 4,550 people in them. And a total of 1,210 urban households, that is, 5,167 people, will also be resettled. Besides, due to noise and vibration, a total of 93,487m2 demolition is involved for environmental protection, including 13,937m2 rural house area (14.91%) and urban residential house 79,550m2 (85.09%). Environmental protection demolition total affects 4,314 people of 1,002 households, including 335 people of 77 households in rural area and 3,979 of 925 households in urban area. 4. The impact of Land acquisition for the Harbin-Jiamusi Railway is not significant, because (1) railway is linear, and this character has determined that the project would have limited impact on the regions along the line; (2) the proportion of the total length of bridges and tunnels is over 47.74%, so the amount of land acquisition is greatly reduced; (3) existing railway stations at both ends will be retained and, the railway line which go through city will us the existing railway lines. 5. Demolition areas for the Harbin-Jiamusi Railway locate mainly at the two ends, that is, Harbin and Jiamusi, especially urban residents in the two cities. In rural areas, the line does not seriously impact any village. Among the 108 villages, no village loses their all land. There are 80 villages of which the cultivated land for acquisition accounts for less than 1% of the total; 22 of which the cultivated land for acquisition accounts for 1-3% of the total; 6 of which the cultivated land for acquisition accounts for 3-5% of the total; and only 2 of which the cultivated land for acquisition accounts for more than 5% of the total. Land acquisition and demolition mainly happen in the place where stations are located. 6. The China Railway Corporation delegates the preparation of the "Resettlement Action Plan" report to the Third Railway Survey and Design Institute Group Limited. This report covers the socio-economic survey, the resettlement impact survey, and resettlement action plan. The survey covers all the 108 villages and 5 urban resident groups, as well as factories and their affected infrastructures. All physical data provided in the Resettlement Action Plan are based on the present project design and field survey of the lines and other works. However, the above data is not necessarily the final precise data. As the detailed design further develops and the construction planning approaches, the data may change accordingly. 1 Resettlement Plan for Harbin-Jiamusi Railways 7. The compilation of the Resettlement Action Plan and its future implementation is in strict compliance with the Chinese government's policy documents and the World Bank’s operational policy OP4.12. The compensation of all resettlement actions will be given in strict accordance with the compensation standards in the RAP. Any change is impossible unless after the consent of and prior review by the World Bank. As for land acquisition, house demolition, resettlement and compensation, China has developed a legal framework and has formed a policy system, based on which, provinces and cities along the Harbin-Jiamusi Railway have made the relevant local laws and policies. 8. The main basis for compensation is the comprehensive land price of all areas concerned. The total budget of the resettlement project is 2,489,962,000 yuan, accounting for 7.35% of total investment. It should be emphasized that the China Railway Corporation has promised to set no up limit to the cost of land acquisition and resettlement, and will pay any reasonable reimbursement, in order to address the rising land acquisition and relocation compensation. The construction of the Harbin-Jiamusi Railway will last for many years, during which if the compensation standards in Heilongjiang Province increase, the compensation rates and packages of the project will change correspondingly. The Annex 1 offers the resettlement policy framework for the project. 9. As to the affected farmers, the following resettlement and living restoration measures will be taken to help restore and recover their production and livings. First, reserved land collectively owned by towns and villages will be allocated to the land-losing farmers; Secondly there is the option of non-agricultural resettlement. That is, to those households cannot compensate with land, such as those near the train station, monetary compensation as well as employment and skills training will be provided, so as to help them work in secondary and tertiary industries. Thirdly, provide social security. Any migrants, agricultural or non-agricultural, as long as they meet the applicable policy standards, will be entitled to social security. 10. Rural relocated households are comparatively scattered, so it is anticipated that most rural residents will be resettled near their original villages. Considering the local conditions, the new homestead will be located on the uncultivated land or slopes which are near the roads and the concentrated residential sites. To avoid occupying arable land, scatter housing will be constructed. In other words, affected residents will receive replacement compensation and free homestead provided by the Government. They will be able to build new houses by themselves and the remnant materials of their old houses will be at their disposal. 11. As for urban houses to be requisitioned will be assessed by a qualified real estate price evaluation organization according to house acquisition evaluation measures. The relocated residents were consulted on different options, i.e. monetary compensation and house equity exchange. For those who select monetary compensation, they will be compensated according to the evaluation price of the houses at a price that can be equal to buy a house with the same area in the same region. Besides, they will be reimbursed with relocation expense and transition fee. For those who select house property right exchange, the city and county governments will provide houses for property exchange and calculate and settle the value of the house for land acquisition as well as the price difference. The principle of “compensation first and relocation next� will be followed. 12. For enterprises land acquisition, an independent professional evaluation organization will evaluate it according to market price and determine the compensation rates. Affected factories and mines will be compensated based on the reconstruction cost of land, architecture, equipment and other auxiliary construction. The compensation will contain relocation expense (for enterprise and equipment relocation) and loss in income due to shut down or output reduction. Among the 39 affected factories and mines, there is only 1 military facility (a discarded underground tunnel) and the rest are all private enterprises and individually owned enterprises with a small scale. Their employees are all contract workers or temporary workers. Enterprises generally rent collectively owned land. Except the one military facility, the other 11 ones are only partially affected and their production and operation are not influenced. Thus monetary compensation will be adopted. For the remaining 27 enterprises which have to be totally demolished, governments at all levels will assist those affected enterprises to re-build and restore production, guide and help them to re-select a new business location, actively assist them with industrial transfer or upgrading and production optimization, encourage qualified enterprises to rebuild in industrial parks, 2 Resettlement Plan for Harbin-Jiamusi Railways guarantee rebuilding and the production and operation restoration of affected organizations and improve working opportunities for affected employees. For those which do not plan to rebuild, the resettlement department and the enterprises should give a public notice to the staff on the resettlement method 6 months in advance, so as to facilitate them to find new jobs, and should also provide free training and recommend new jobs. Affected staff will be compensated for shutdown/transition and will have the priority to get new jobs after the enterprise is relocated. 13. The project does not affect villages or towns containing ethnic minorities, and therefore they are not affected by the impact of land acquisition, demolition, and construction. As for a few scattered ethnic households, there are no significant differences between them and the local Han in the production style, living standards, and cultural practices. They can be provided with jobs during the construction period so as to increase their income and enable them to enjoy the equal rights with local Han. In such a way, their problems can be solved with those of Han. For the destitute, disabled, Wubaohu households (household enjoying the five guarantees; childless and infirm old persons who are guaranteed food, clothing, medical care, housing and burial expenses) and other vulnerable groups, local governments and village committees will pay special attention, and will provide special subsidies to restore their livings and production. 14. The China Railway Corporation1, the Harbin-Jiamusi Railway Company, the provincial government and local, city and county resettlement offices will be responsible for the implementation and guidance of the township and village resettlement work. Currently, all local governments along the line have set up railway construction governing institutions, which are under the control of government leaders. Section heads will serve as members of the institutions, implementing railway construction and resettlement. 15.The project affected people have participated in the consultations and surveys and been informed of the potential impacts of the project. Participants include heads of families, village chiefs and village representatives, local government, vulnerable groups (including women and minorities). Information on resettlement activities has also been disseminated through newspapers, radio announcements and other public media, and village-level meetings. The resettlement manual will be distributed during the implementation of the RAP. The public, including those affected, will be fully informed of the resettlement action plans of local governments. The affected households will participate in the consultation of the implementation of resettlement activities, including detailed measurements, overpass positioning, new homestead site selection and appeal. During the period of implementing land acquisition and resettlement, the affected population and enterprises can appeal to the local authorities, government agencies, project owners, external monitoring agencies and courts on issues such as land requisition, housing demolition, compensation, resettlement and living restorations. In addition, the affected population will often have the opportunity, such as through public meetings, hearings, public consultations and field surveys, to discuss with representatives at all levels of the project on compensation, resettlement and living restoration issues. 16. Harbin-Jiamusi Railway Company, together with the local resettlement offices, will be responsible for the internal monitoring and supervision of compensation payment, housing reconstruction, land acquisition, living restoration and appeals. The China Railway Corporation will prepare monitoring reports every six months and will submit them to the World Bank till the end of the implementation of the RAP. Then, the China Railway Corporation will submit the after-resettlement evaluation report to the World Bank. In addition, the China Railway Corporation will entrust the external monitoring and evaluation to an independent monitoring agency. External monitoring includes: base data survey, auditing and confirming of the compensation payment, reviewing and evaluating the implementation of resettlement programs and relevant results, assessing appeal process and the feedbacks of the affected population, assessing the income recovery of the affected population, enquiring about the difficulties they face, and facilitating future resettlement work. External monitoring reports will be given to the China Railway Corporation and the World Bank every six months till the end of the implementation of the RAP. After that, the assessment report should be available to the China Railway Corporation and the World 1 Subsequent to the preparation of this RAP, the Ministry of Railway has been restructured. All references to MOR in this document should be understood as MOR or its successor thereof. 3 Resettlement Plan for Harbin-Jiamusi Railways Bank within at least two years. 4 Resettlement Plan for Harbin-Jiamusi Railways Chapter 1 Introduction 1.1 Project Description 1.1.1 Project Introduction 1. The newly built Harbin-Jiamusi Railway is located in the mid-east region of Heilongjiang Province and situated in Harbin and Jiamusi at the south bank of the Songhua River. This research involves the main track of Harbin-Jiamusi Railway and relevant connecting lines for freight trains. The main track from Harbin Station to Jiamusi Station is 343.344km long. Binxi East and Chenggaozi connecting lines for freight trains, which are newly built by Harbin Hub, have a total length of 16.5km for upward and downward lines. This project will be implemented from early 2014 to mid 2018, with a total construction period of 4.5 years. Jiamusi Hub will reserve conditions for retaining Jiamusi-Tongjiang Line of the line from Jiamusi Station to East Jiamusi Station, which will be implemented based on combination with Jiamusi-Tongjiang Line. 2. The main track of newly built Harbin-Jiamusi Railway starts from Harbin Station and ends at Jiamusi Station by Bin County, Fangzheng County and Yilan County. It has 179.435km long roadbed, 154.064km long bridges and 9.845km long tunnels and has a proportion of bridge and tunnel length at 47.74%. The whole line permanently acquires land of 23,393.6 mu, including 1,031.1 mu existing railway land and newly acquired 22,362.5 mu. For detailed line direction, see Annex 2. The whole line involves 382,442m2 demolished architectures, impacts 1,318 people of 275 households in rural area and 5,167 of 1,210 households in urban area as well as 39 factories and mines. Besides, environmental protection demolition totally affects 4,314 people of 1,002 households, including 335 people of 77 households in rural area and 3,979 of 925 households in urban area. 3. The Harbin-Jiamusi Railway passes the following 2 prefecture-level cities and their subordinate 3 counties and 7 districts, namely Daowai District, Acheng District, Xiangfang District, Bin County, Fangzheng County and Yilan County of Harbin and Xiangyang District, Qianjin District, Dongfengqu and outskirt of Jiamusi. 4. The Harbin-Jiamusi Railway from Harbin Station to Jiamusi Station totally has 14 stations along the line. 12 are newly built, like Binxi North, Binxi East, Binzhou, Shengli, Shuanglonghu, Fangzheng, Demoli, Gaoleng, Dalianhe, Yilan, Hongkeli, and Pingantun stations. The rest 2 are existing stations like Harbin Station and Jiamusi Station. The project plans to have an investment budget of 33.891 billion yuan. 5. With construction of the line, an integrated transport system is established between Harbin and Jiamusi, with a clear division of responsibilities and rational function configuration, which greatly improves the transport service level of the corridor. Moreover, the line, as well as the Harbin-Dalian Railway Passenger Dedicated Line, Harbin-Qiqihar Railway Passenger Dedicated Line and Harbin-Mudanjiang Railway, constitutes a rapid passenger transport network and improves passenger and freight transport capacity of the “Three Vertical and Four Horizontal� Railway Line Network in Northeast China, which is of great significance to facilitating the trade between China and Russia and promoting the development of Northeast Asia. After the completion of the line, the function of rail-oriented development will be fully played to strengthen the integrated regional economic development. 1.1.2 Project Modification and Adjustment on Feasibility Study Report 6. In 2010, the feasibility report on Harbin-Jiamusi Railway was submitted at designed speed of 250km/h. 5 Resettlement Plan for Harbin-Jiamusi Railways Now, modification is made to this report at a speed of 200km/h according to the summary of meeting on the Department of Planning of the China Railway Corporation. The modification report is resubmitted to the National Development and Reform Commission for approval. The section line scheme and station setting of Harbin-Jiamusi Railway changes due to the adjustment of technical standards and function. 7. For the adjustment of functional positioning and the transportation demand of freight trains, more stations should be built. In this design, 4 stations are added, namely Shuanglonghu, Demoli, and Pingantun. Also, the effective length of arrival-departure track at stations is increased from 650m to 1,080m. An arrival-departure track for freight trains is also added. Some stations consider setting freight yards and the overall scale of stations are expanded. 8. The railway line scheme has been optimized based on the technical standard adjustment and station distribution demand. The total line is adjusted to be 343.344km long, 1.287km more than the original scheme. For details, see Table 1-1: Table 1-1 Adjustment and Comparison of Main Project Quantities of Harbin-Jiamusi Railway Main Track Item Unit Original Current Adjustment Length of main track line km 342.057 343.344 1.287 Length of main track bridge km 173.051 154.064 -18.987 Length of main track tunnel km 14.093 9.845 -4.248 Length of main track roadbed km 154.913 179.435 24.522 For the scope of plane lateral adjustment for section line, see Table 1-2. Table 1-2 Plane Lateral Adjustment for Harbin-Jiamusi Railway Main Track Lateral Adjustment Scope Line Length (km） Proportion in Section Line (%) 0~30m 31.65 9.22 30~200m 35.4 10.31 200m and more 143.35 41.75 Influenced by the arrangement of Yilan Station, the lateral adjustment distance is up to 3.7km at most. 9. According to the transportation demand of freight trains, Harbin Hub adds a freight train connection line project. The connection line integrates with the track from Binxi East Station in the main track area to Binxi West Station of the existing Binxi local railway, and then goes to Harbin South Station by utilizing the existing line. A total of 16.5 km is newly built for upward and downward travel (single-line). 1.1.3 Project Adjustment Impact 10. Project modification has a great impact on land acquisition and demolition for the whole line. For details, see Table 1-3. 6 Resettlement Plan for Harbin-Jiamusi Railways Table 1-3 Comparison of Project Impact Item Unit Original Current Adjustment Permanent land acquisition mu 21244 22362.5 1119 Including: cultivated land mu 13548 14238.2 690 total demolition area m2 478324 382442 17184 Including: rural houses m2 341100 74521 -266579 Including: factories m2 95380 197070 101690 Including: urban houses m2 41844 223917 182073 14342 1868 Number of affected people 12474 4625 520 Including: affected people in rural area 4105 1062 572 Including: affected household in rural area 847 5167 495 Including: affected people in urban area 4672 1210 237 Including: affected household in urban area 973 Including: affected enterprises 23 39 16 2 Including: affected enterprises area m 95380 197070 101690 Including: people affected in enterprises 3697 4550 853 Note: not include 1031 mu land owned by railway management. 1.2 Preparation of the RAP 11. The RAP was prepared by the Third Railway Survey & Design Institute Group Co., Ltd. (hereinafter referred to as TSDI), commissioned by the FCTIC2, China Railway Corporation. 12. According to the arrangement of the Department of Planning of the China Railway Corporation, the Third Railway Survey & Design Institute Group Co., Ltd. is also responsible for the preparation of the feasibility study report of the project. 13. The Third Railway Survey & Design Institute Group Co., Ltd. begun to prepare the RAP from June 2009, finished the social and economic surveys in October 2009 and submitted a draft of RAP in December 2009,with the latest update during May 2010---March 2011. Field investigation was carried out from May to September 2012. This report has been hereby modified and perfected. 2 Subsequent to the preparation of this RAP, the Ministry of Railway has been restructured. All references to FCTIC in this document should be understood as FCTIC or its successor thereof. 7 Resettlement Plan for Harbin-Jiamusi Railways 1.3 Measures to Minimize Impacts of Construction and Resettlement 1.3.1 Project Planning and Design Stage 14. The project construction will involve land requisition, demolition and resettlement, and will inevitably affect the economic activities and living condition of local residents. To minimize the impact on the local socioeconomic situation, the project owner and the design institute took the following measures during the stage of planning and design: A. Take into account the positive impact on socioeconomic situations during the selection of design plans and make it as the factor for improving the design plans. Main design plans as below: ■ In-between---Songhua River South and North Plans. In terms of service area and passenger flows, the Songhua River South Plan is quite similar to the Songhua River North Plan with the construction of Songhua River Bridge and navigation hydropower junctions along the line. In particular, the Songhua River South Plan is featured by not crossing the Songhua River and not going by important environmental sensitive areas. In addition, it has a higher economic development level and passenger transport demands along the line as designed by the scheme of Songhua River South, in conformity with government requirements on route direction, with less investment and construction difficulty and smaller interference on the intersection of exiting lines. Therefore, the Songhua River South Plan is selected and recommended after technical and economic comparisons. ■ Two endings—going through along the exsiting railway. Existing stations are adopted in the project. The line goes roughly along the existing lines in urban areas so as to reduce land requisitions and minimize the impacts on environment. B. Optimize the design, shorten construction time, and justify the time period for house demolition and construction work. Firstly conduct land acquisition and demolition for project with less impact and demolition, such as tunnel; and then conduct that for project with greater impact. C. To minimize impact, the project and land acquisition and relocation will be carried out by stages. 1.3.2 Project Construction Stage 15. During the stage of project construction, the measures the contractors will take include: A. Enhance the mechanisms and opportunities for public participation. Before the project construction takes place, provide notices in affected areas and resettlement areas, including the time period of the project construction and planned progress; to publicize policy requirements on compensation of land acquisition, demolition, relocation and resettlement, and to accept public supervision; B. Measures to reduce dust. To keep the construction site clean and comfortable, and minimize the impact of the construction work on the environment. Water will be sprayed on the surface of every construction road in densely populated areas to avoid the raising of dust during days with continuous sunshine and wind. The contractors will make an in-time planning for the transportation route of earth and stone. Avoid overloading and take measures to prevent spilling during transporting earthwork; C. Dispose of waste on the construction site. As the construction period is long and there will be many construction workers, the construction will produce a lot of waste, domestic or otherwise. The contractors and construction organizations will timely clean up all domestic waste in the construction site according to the requirements of the local Environmental and Health Department to ensure the cleanliness of the construction site and avoid breeding and spreading of infectious diseases; 8 Resettlement Plan for Harbin-Jiamusi Railways D. During the construction period, the contractors will prioritize the use of local construction materials. Provided technical conditions are allowed, the contractors will also place priority in using local transportation and labor to enable the affected people to benefit from the construction of the project. E. Make a scientific planning and reasonable layout of spoil ground, living areas of the construction site, and pioneer road. Minimize the use of temporary land use and make full preparation for the reclamation of temporary land. 1.3.3 Implementation Stage 16. During the implementation implementiaton, the following measures will be taken to reduce resettlement risks: ■ This RAP is especially prepared for the infrastructure project (railway) within the World Bank loan scope. It will be implemented in strict accordance with the phased principles. ■ Collect more basic data and make further analysis of local social economy and future development; establish feasible resettlement measures based on the local situation and ensure that those people affected by the project will not degrade their living standard due to the project. ■ Enforce internal and external monitoring, establish an effective and straightforward mechanism and channels for feedback and try to shorten the time period for handling information to ensure problems arising from construction may be resolved promptly; ■ Review experiences and lesions of resettlement in the same region in order to minimize negative impacts of resettlement. 9 Resettlement Plan for Harbin-Jiamusi Railways Chapter 2 Socio-economic Investigation 2.1 General Situation 17. This chapter describes the socio-economic characteristics of the population who may lose land or property due to the project. Information originates from field investigation and socio-economic investigation on site by TSDI during the feasibility study stage. 2.2 Field investigation of TSDI (2009 and 2012) 18. TSDI has been strongly supported by villagers and governments at all levels along the line during the investigation in June-October 2009. The investigation is completed through collecting data from the Bureau of Statistics, the National Development and Reform Commission and other relevant local government departments, and through holding informal discussions with local government officials. Detailed topics include the future industrial development, railway route selection, the location of the stations in the towns and villages, the setting of pedestrian access and culverts, arable land reduction, especially farmland acquisition and house demolition, and local economic development and poverty release. The investigation on physical impact is based on the feasibility study. The investigation and statistics on agrarian impacts are developed within the village unit. The survey of private residential buildings is done with the household as a unit. The survey on individually owned auxiliary facilities and trees is also done with the household as a unit. 19. In the modification feasibility design for Harbin-Jiamusi Railway in 2012, the technical standards change and cause a change in the line route. TSDI made a supplementary investigation for the line in May and June 2012. The comparison between original and current line routes shows that the scope with change in line route accounts for 61.28% of the total length, including 41.75% with line route change over 200m and max plane movement of 3.7km. In spite of big adjustment to line route, there are no obvious changes in villages and towns the railway passes by and the population who are affected. Therefore, the 133 households of investigation samples made in 2009 (9% of total) still meet the requirement. The return visit to affected population samples in 2012 reveals that the economic characteristics has not greatly changed compared with that in 2009. Therefore the conclusion of the socio-economic investigation made in 2009 is still considered to be a basis for this socio-economic investigation. The socio-economic investigation in 2012 mainly refers to investigations at provincial, city and town levels and contains the upgrading of latest economic data and planning data. 20. From the investigation, TSDI draws the following conclusions: local socio-economic development and environmental protection have been taken into consideration at the stage of line route selection. Furtehrmore, in most cases, the village committees have allocated reserved land for those who will lose their land by acquisition. As a result, the amount of the requisitioned land from the farmers is relatively reduced, and their income loss will be limited. These findings have been fully reflected in the project design and resettlement planning. 2.3 Socio-economic Investigation of TSDI 21. To learn the basic situation of resettlement in the project area and analyze the influence of project construction on local resettlers, the investigation team on Harbin-Jiamusi Railway of TSDI has conducted a random sample survey on the influence of land acquisition and demolition on the production and living situation of affected households based on the similarity of affected groups and difference within the group in the affected project area. 10 Resettlement Plan for Harbin-Jiamusi Railways 22. The cluster random sampling is divided into rural and urban regions according to administrative division and general economic features. Samples are taken according to the total quantity of regional units to conduct socio-economic investigation in the form of questionnaires and symposiums. As per the Social Evaluation Guide for Investment Projects in China, when the total quantity gets to 200~500, the sampling ratio is recommended to be 10%; when to 1,000 and above, it is recommended to be 5%. 23. In the main line of the project, total number of affected people is 14,342, in which number of the people in rural area is 4,625 corresponding to 1,062 households, wherein number of people affected by land acquisition is 3,494 corresponding to 844 households, number of people affected by project demolition is 1,318 corresponding to 275 households, and number of people affected by both of the above items is 187 corresponding to 57 households; number of affected industrial and mining enterprises is 39 with demolition area of 197,070m2 corresponding to 4,550 persons; and number of households affected by urban demolition is 1,210 corresponding to 5,167 persons. In the practical investigation, 275 households (including those affected by both land acquisition and demolition) are affected in the rural area, with sampling rate of 10%; and 1,210 households are affected by urban demolition, with sampling rate of 9%. 24. According to the field investigation for area along Harbin-Jiamusi Railway (Table 2-1), the investigation team has carried out social-economic sampling investigation for 30 villages and the urban areas of Harbin and Jiamusi. A total of 133 households, i.e. 628 people, are taken as samples. Of them, there are 28 samples made in rural area, accounting for 10% and 105 in urban area, accounting for 9%. Table 2-1 Towns and Villages along the Harbin-Jiamusi Railway County\Dist Village County\Distri Village City Township City Township rict ct Youli Sankeshu Sub-district Village Beigang Village Huifa Town Hongfei Rixing Qianwukeshu Village Tuanjie Town Xinbin Tongjiadian Village Gaoyuhuang Wubuluo Village Fangzheng Forestry Linjia Xinli Village Harb Daowai Minzhu Harb Fangzheng Bureau Village in District Township in County Jiaojia Yanwopu Village Zhaoan Village Gaoligou Xiangxiang Township Caojia Guanjia Village Jijiagou Tianmen Shangzhi Fuxing Village Township Bijia Village Yongyuan Town Zhongjia Zhaojia Village Village Wanghuan Songnan Wangjia 11 Resettlement Plan for Harbin-Jiamusi Railways County\Dist Village County\Distri Village City Township City Township rict ct Village Township Village Table 2-1 Towns and Villages along the Harbin-Jiamusi Railway (continued) County\Dist Village County\Dis Village City Township City Township rict trict Zhangfang Xiangxiang Village Village Dong Changlin Fangzheng Jianguo Village Li Majia Town Baming Village Acheng Feiketu Hougou Village Xinglong Village District Town Feiketu Village YihantongVillage Yihantong Xujia Village HenanVillage Township Haojia Village Jianshanzi Xinfu Village Nanmenwai Chenggaozi Caopogou Xiangfang Chenggaozi Qianhuojia Daluomi Town District Town DongbeiVillage Village Zhoujia Village GaolengVillage Binxi Gaoleng Forest Zhangjingchun Development Binxi Town Farm Harb Area Fangzheng in Huayang Forestry Bureau Dongfanghong Forest Farm Shalingzi Forest Nanjiagang Farm Dongxujia Erdaohe Forest Village Farm Sanjiedi Xiangqian Village Wangchaozhu Dalianhe Town Juren Town Hongxing Village Village Bin County Hougaoli Duiqingshan Village Yilan Forest Farm County Chenguang Xinli Village Village Lidaluozi Tuanzishan Zhenjiang Village Xinglong Township Binzhou Liming Village Village Town Huangjia Xingfu Village 12 Resettlement Plan for Harbin-Jiamusi Railways County\Dist Village County\Dis Village City Township City Township rict trict Village Zhushan Forest Guobao Village Farm Daqiao Village Maanshan Village Wangzhanshan Hongkeli Yangjiaogou Village Township Village Jiangjia Village Dongyue Village Jingjian Township Xiaohejia Xinhong Village Village Yugong Wangqiangtie Township Sixin Village Village Sanbao Yongjiu Village Hongwei Village Township Hongkeli Yangjiadian Tuoyao Village Township Village Liufenfang Xiangshun Village Village Yujia Village Zhongda Village Binan Town Zhangjia Village Dalai Town Xinghua Village Jinjia Village Jiam Shuangyu Village Outskirt usi Changfu Village Fengfeng Village Xigemu Changsheng Township Kaoshantun Village Village Table 2-1 Towns and Villages along the Harbin-Jiamusi Railway (continued) County\Dist Village Cit County\Distri Village City Township Township rict y ct Xigemu Huojia Village Village Donggemu Gaowen Village Ningyuan Village Town Zhengfuxiang Changqing Guangming Village Township Village Harb Bin County Xinxian in Mengjiagou Sifeng Township Village Xiangxiang Xiaochengzi Chang’an Sub-district Office District Shengli Gaolimao Qianjin District Zhanqian Sub-district Office Town Kongjiujing Village 13 Resettlement Plan for Harbin-Jiamusi Railways Data source: field investigation The investigation team has also interviewed 628 people for suggestions and recommendations for the construction of the Harbin-Jiamusi Railway. Through the sample survey of households and data aggregation, combined with the feasibility study and field survey, the indexes of physical volumes, such as the affected houses, are determined. Sample households include almost all the types of the affected households in the rural areas, covering nearly all the affected areas. They are thus considered representative and typical. 25. Methods of investigating the affected population, land, housing and auxiliary facilities, scattered trees and special facilities: site-division of county (city, district), township (town, street) and village (neighborhood) is done on the basis of ownership-division; the affected housing and ancillary facilities are investigated and collected to village’s (survey on the number of affected households and population in house demolition), land to the village’s (neighborhood’s); special facilities to the counties’ (cities’, districts’). 2.4. The Affected People's Socio-economic Characteristics 2.4.1 Overview 26. The new Railway from Harbin to Jiamusi lies in the mid-east of China’s Heilongjiang Province and is located in the south bank of the Songhua River. The line starts from the Harbin Station, through Bin County, Fangzheng County, Yilan County, to the Jiamusi station, extending as far as 343.344km. Along the line, 5 urban resident groups, 108 villages, 4 sub-districts, 31 towns, 7 districts and 3 counties of the 2 cities are affected by land acquisition and demolition. The investigation team of TSDI has made an analysis on the socio-economic characteristics by collecting the socio-economic data. The investigation contains the following four aspects: (1) Human resources: demographic and education / skill characteristics; (2) Natural resources: land, forests and water; (3) Material resources: the production and ownership of consumer assets; (4) Financial resources: household income and expenditure (for Loans). 2.4.2 Human Resources 27. The sampling survey involves 133 households and 628 people, and those over the age of 30 account for 70.53%, those below 30, 29.47%. Most of the investigated haven’t not received a high school education. Among them, those whose education level is lower than high school account for 85.5% or so most of them only received primary education. The proportion of people who have received college education is only 6.87%, and even fewer have received university education. The detail is listed in Table 2 -6. Table 2-2 Statistics of Affected People along the Harbin-Jiamusi Railway Number Item Prerequisite Proportion Below 30 29.47% 1 Age At 30-50 42.11% 14 Resettlement Plan for Harbin-Jiamusi Railways Over 50 28.42% Below high school 85.50% 2 Education High school\secondary school 7.63% College and above 6.87% Civil servant 0.23% Military man 0.00% Business runner 0.12% Institution staff 0.43% 3 Vocation Enterprise staff 3.32% Student 5.46% Farmer 90.56% Others 0.12% 4 Average Population in each household (person) 4.80 Data source: Field survey 2.4.3 Natural Resources 2.4.3.1 Land Ownership 28. In the 1980s, the household contract responsibility system replaced the collective agricultural practices which have been popular since the 1950s. Despite of this change, 5-10% of the total land is still collective reserved land which isn’t allocated. Under the household contract responsibility system, land is distributed equally according to the size of each family, that is, on a per-capita basis. But different lands are diverse in quality and distance, so they are divided into several levels. In real distribution, to make it equal, lands of different levels will be equally divided and distributed. As a result, the lands assigned to each household are equal, but scattered. Each household is asked to sign a contract (the original contract period was 15 years but was changed to 30 years after 1998), and is given the land use rights. The ownership of the land still belongs to the original production team - also known as groups of villagers. According to the survey, the forms of land adjustment are diverse and the frequency varies greatly. 2.4.3.2 Arable Land, Orchards, Economic Forest 29. The farmers under survey cultivate a total of 841 mu of land. Almost all farmers own dry land. In addition, the majority of surveyed farmers breed fish or poultry; 10% of them own orchard or economic forest and land, the area of which ranges from 1 to 20 mu (fruit trees or tobacco are planted). 30. In the survey, each farmer householde contracts 30 mu of arable land on average. With all the other agricultural land (such as slopes, woodland and orchards), each farmer has 9 mu farmland on average. For most farmers, land is abundant. 2.4.3.3 Forest Land 31. Among all the surveyed farmers, some have a contracted area of forest land ranging from 2 mu to 40 mu. We know from field survey that all the forest land is owned by the collective village, and every village has one or two forest rangers to protect these forests. 15 Resettlement Plan for Harbin-Jiamusi Railways 2.4.4 Material Resources 32. The economic survey team of TSDI has paid visits to and made sample surveys of the agricultural areas along the line. The characteristics of the material resources are as follows (Table 2-5). 2.4.4.1 Farmers’ Houses and Appendages 33. In the project area, most houses are brick-concrete structured, having reflected the traditional architectural style of the region. Houses and other facilities are in good condition; electricity is available in each household; 46% of the households have running water indoors or in the yards; about 50% of the households have fixed phones, 98% with mobile phones. 2.4.4.2 Farmers’ Production Materials 34. Sample villages have a high owning rate of production materials. More than 71% households have carts, 28% have tractors, and 32% have motorcycles. In a small number of regions, the owning rate of non-agricultural assets is not high, which means that the ownership of these facilities is likely to increase after traffic situation is improved. 2.4.4.3 Household Durables in the Farmers’ 35. The owning rate of durables shows very well the financial condition of the farmers. About 98% of the households have color TVs, 77% of the farmers have VCD or similar appliances, about 45% have washing machines, and about 62% have refrigerators. Table 2-3 Farmers’ Material Resources Housing Condition Water Supply Material Household % Way of Supply Household % Running water Brick-concrete 24 85.71 5 18.57 indoors Running water in Brick-wood 2 7.14 8 27.14 the yard Mud-wood 1 3.57 Well in the yard 10 35.71 Others 1 3.57 Other 5 18.58 Total 28 100 Total 28 100 Durable Consumption Production Material Item Ownership Item Ownership Washing machine 45% Farm truck 0.06% Refrigerator 62% Tractor 28.57% Threshing Fixed phone 50% 1.24% machine Mobile phone 98% Generator 0.00% Color TV 98% Cart 71.43% 16 Resettlement Plan for Harbin-Jiamusi Railways Black and white TV 0 Water-pump 6.14% VCD. 77% Tricycle 7.14% Electric fans 100% Motorcycle 32.14% Solar water heater 2% Car\taxi 1.57% Data source: socio-economic investigation The economic survey team of TSDI has paid visits to and made sample surveys of the urban areas along the line. The characteristics of the material resources are as follows (Table 2-4). 2.4.4.4 Urban Residents’ Houses and Appendages 36. In the project area, most houses are storied buildings and brick-concrete one-storey structured. Average housing area is 24m2 or so. Houses and other facilities are in good condition; electricity is available in each household; all the households have running water indoors; about 94% of the households have fixed phones, all having mobile phones. 2.4.4.5 Urban Residents’ Production Materials 37. Sample urban families have a high owning rate of motorcycles. About 12% of households have motorcycles, 8% have cars, and 5% have tricycles. The owning rate of these facilities is likely to increase after economic development is promoted by railway construction and traffic situation is improved. 2.4.4.6 Household Durables in the Urban Residents’ 38. The owning rate of durables shows very well the financial condition of the urban residents. Almost all the households have color TVs (many are cable TV), about 38% have computers, 82% have VCD, about 72% have washing machines, and about 85% have refrigerators. Table 2-4 Urban Residents’ Material Resources Material Household % Way of Supply Household % Many-storied Running water 85 81 105 100 building indoors Running water in One-storey building 20 19 0 0 the yard Others 0 0 Well in the yard 0 0 Other 0 0 Total 105 100 Total 105 100 Durable Consumption Production Material Item Ownership Item Ownership Washing machine 72% Farm truck 0 Refrigerator 85% Tractor 0 17 Resettlement Plan for Harbin-Jiamusi Railways Threshing Fixed phone 94% 0 machine Mobile phone 100% Generator 0 Color TV 100% Cart 0 Computer 38% Water-pump 0 VCD. 82% Tricycle 5% Electric fans 89% Motorcycle 11% Solar water heater 69% Car\taxi 8% Data source: field investigation 2.4.5 Farmers’ Financial Resources 2.4.5.1 Farmers’ Income Income data of the affected rural residents is listed in Table 2-5. In 33.33% households, the annual net income per capita is less than 10 thousand yuan, while 66.67% over 10 thousand. There are two households in Nanmenwai whose annual income per capita is 280 thousand, much higher than the others, because they have their own restaurants in the motorway service area. Generally, Nanmenwai is rather poor, with 34 minimal needs households, 7 households enjoying five guarantees, whose population adds up to 50. The overall income level is rather low and the gap between the rich and the poor is large, but no resettled households are Five Guaranteed. 18 Resettlement Plan for Harbin-Jiamusi Railways Table 2-5 Residents’ Annual Income per Capita Gaoleng Fuxing Hongwei Xinglong Guangming Village Yangjiadian Village Village Village Village Village Annual Income 0.68 0.58 0.85 0.93 1.77 1.57 Per Capita (ten thousand) Zhoujia Xiangqian Wanghuan Tongjia Village Gaolimao Nanmenwai Village Village Village Village Annual Income 0.70 0.90 1.28 1.63 1.02 0.30 Per Capita (ten thousand) Data source: field investigation 2.4.5.2 Source of Income of Rural Households 39. In most investigated households, income mainly comes from agricultural cultivation and breeding, and the latter tops all the others. 89% of households are engaged in crop cultivation, and in poorer families a larger proportion of their income comes from it; more than 80% of households are engaged in breeding, whose profit is relatively bigger; 27.46% of households are in the fruit industry, and about 9.3% have small grocery shops; only 0.52% of households run factories, which are rather profitable and whose income tops that of all the others. Table 2-8 for detail. Table 2-10 Resources of Income of the Affected Rural Households Resource Proportion of Households Proportion of Income in One Household Food crop 89.93% 54.02% Economic crop 55.39% 8.02% Fruit industry 27.46% 2.65% Breeding 84.33% 30.03% Small grocery 9.3% 1.48% shops Wage 71.6% 3.55% Factory 0.52% 0.25% Data source: field investigation 2.4.5.3 Consumption and Saving of Farmers 40. From the expenditure data of 28 investigated rural households listed in Table 2-8, we can see that the annual expenditure per capita is 5.9 thousand yuan in 2009. The average annual expenditure is diverse in different regions. For instance, per capita spending in Wanghuan Village is 9.2 thousand yuan, which is the highest; while in Nanmenwai, per capita spending is only 2.8 thousand, which is the lowest. 19 Resettlement Plan for Harbin-Jiamusi Railways Table 2-7 Annual Expenditure per Capita of the Sampled Affected Rural Residents Gaoleng Yangjiad Fuxing Hongwei Xinglong Guangming Village Village ian Village Village Village Village Annual expenditure 0.39 0.36 0.42 0.51 0.87 0.71 Per capita (ten thousand) Zhoujiatu Xiangqian Wanghuan Tongjia Gaolimao Nanmenwai Village n Village Village Village Annual expenditure 0.38 0.65 0.73 0.92 0.88 0.28 Per capita (ten thousand) Data source: field investigation 41. In the affected population, the expenditure for basic needs such as living facilities and children’s education occupies the largest share, accounting for 62%. Conclusion of field investigations shows that the purchase of electrical appliances to improve housing condition is one of the main expenditures. So are the tuition fees, because these families are concerned about the education of the next generation. With regard to the 2 aspects, the resettled residents are different from the unresettled who live in the mud-wood houses need not worry about the demolition. Their savings vary as well. 2.4.6 Urban Residents’ Financial Resources 2.4.6.1 Urban Residents’ Income 42. From the income data of the 105 urban households affected by the railway, 82% of the urban households have an annual net income per capita of more than 10 thousand yuan, while 18% below that. 2.4.6.2 Source of Income 43. In most investigated households, income mainly comes from wage and business, and the latter tops all the others. 49% of the investigated households run businesses, and they usually have high income; 51% of the households depend on wages or other channels, whose income is lower. 2.4.6.3 Consumption and Saving of Urban Residents 44. From the expenditure data of 105 investigated urban households, we can see that the annual expenditure per capita is 8.1 thousand yuan in 2009. The average annual expenditure is diverse in different regions. For instance, per capita spending in Daowai District, Harbin is 8.7 thousand yuan, which is the highest; while in the outskirt of Jiamusi, per capita spending is only 6.8 thousand, which is the lowest. 45. In the affected population, the expenditure for food, education and health care occupies the largest share, accounting for 50%. Conclusion of field investigations shows that the percentage of food purchase is larger than that in the countryside. The expenditure on health care is also high, because with the improvement of living standards urban residents are more concerned about their health than before. 10% of the total income is used to pay for the loans of houses and cars. The rest income is usually saved in the banks, and the savings vary from one to one. 20 Resettlement Plan for Harbin-Jiamusi Railways 2.4.7 Condition of Ethnic Minorities 46. Harbin-Jiamusi Railway goes through two districts and three counties of Harbin and one district of Jiamusi. Investigation and visit reveal that the ethnic minorities are distributed as follow: in Daowai District of Harbin, the population of ethnic minorities accounts for 3.45% of the total, with the lowest proportion among the eight districts. Among the ethnic minorities in Daowai District, the Hui people are the largest group and lives in a compact community. Acheng District is 23km away from the downtown of Harbin and has a population of 580,000 including 342,000 rural people of 109,000 households. In the district, there is one ethnic minority township: Liaodian Manchu Township with population accounting for 3.2% of the total. Bin County with an area of 3,844.6 km2 governs 17 towns and townships and such 10 ethnic minorities like Han, Manchu, Meng, Hui, Miao, Zhuang, Korean, Dong, Yao and Xibe. Among those ethnic minorities, Korean people have the most population and are mainly distributed in Sanhe Village, Juren Town. There are a total of 872 Korean people who scatter in 4 natural villages. Fangzheng County has 17 nationalities with a population of 5,637, 2.5% of the total county. Except Korean nationality, all ethnic nationalities are scattered. There are totally 2,293 Korean people of 735 households in such 4 villages as Shuguang Village and Xinfeng Village in Baoxing Township, Xincheng Village in Deshan Township and Hongguang Village in Daluomi Town. Yilan County has 17 ethnic minorities with a population of 21,308, 5.9% of the total. Manchu, Hui and Korean people are the three largest nationalities. The county has 1 ethnic minority township (Yinglan Korean Township) and 5 ethnic minority villages. Yinglan Korean Township governs 3 Korean villages: Zhongyuan Village, Heping Village and Nongfeng Village. Tuanshanzi Township administers 2 ethnic minority villages (Nongzhuang Korean Village and Qingchun Hui Village). Jiamusi City has 43 ethnic minorities like Korean, Manchu, Meng, Hui and Hezhe, 4 ethnic minority townships like Xinghuo Korean Township in Huachuan County, Tangwang Korean Township in Tangyuan County, Jiejinkou Hezhe Township and Bacha Hezhe Township in Tongjiang City. Among them, Xinghuo Korean Township in Huachuan County and Jiejinkou Hezhe Township and Bacha Hezhe Township in Tongjiang City are not covered by this line. Table 2-8 reveals the overall situation of towns and townships where ethnic minorities gather in the three counties and the two cities. 21 Resettlement Plan for Harbin-Jiamusi Railways Table 2-8 Overall Situation of Towns and Townships Where Ethnic Minorities Gather along the Harbin-Jiamusi Railway Distance to Affec Ethnic Total Total Ethnic Minority Ethnic Minority City County Town/Township Village Harbin-Jia ted or Minorities Household Population Household Population musi Line not (km) Acheng Liaodian Manchu Township Manchu 10400 46000 6100 18000 26 × District Bin County Juren Town Sanhe Village Korean 284 962 276 936 6 × Baoxing Shuguang Village Korean 186 720 186 720 22 × Township XinfengVillage Korean 145 620 135 580 14 × Fangzheng County Deshan Township Xincheng Village Korean 84 300 84 300 5.5 × Harb Daluomi Town Hongguang Village Korean 46 135 46 135 10 × in Zhongyuan Village Korean 198 940 198 940 8 × Yinglan Korean Heping Village Korean 520 1410 520 1410 13 × Township Yilan Nongfeng Village Korean 155 525 62 375 11 × County Nongzhuang Korean 110 500 110 500 24 × Tuanzishan Korean Village Township Qingchun Hui Hui 285 900 285 900 6 × Village Jiam Tangyuan Korean, Meng Tangwang Korean Township 2930 12244 1954 8167 14 × usi County and Hui 22 Resettlement Plan for Harbin-Jiamusi Railways 47. The Harbin-Jiamusi Railway Corridor undertakes the traffic flow in dual or single direction between the two areas and along the line. It enjoys the optimal accessibility within different areas to put together and spread resource, logistics, stream of people, capital, technology and information along the corridor and put forward the local development. According to the investigation, its influence tends to decrease gradually with the increase of distance within the area it influences. The influence turns to be nearly zero when distance to 5km. Even in Heilongjiang area, the density of villages is relatively small and villager population is small, so the area 500m around the corridor is directly influenced and land acquisition and demolition is involved within this area. However, with the increased distance, the influence decreases. The limit value is set at 5km. Ethnic minorities are excluded in such a limit (Table 2-9) and will not be directly affected. Table 2-9 Ethnic Minority Villages and Towns along the Line Distance to City County Township Village Affected or not the Line (km) Bin County Juren Town Sanhe Village 6 × Shuguang Village 22 × Baoxing Town Xinfeng Village 14 × Fanzheng County Deshan Town Xincheng Village 5.5 × Daluomi Town Hongguang Village 10 × Harbin Zhongyuan Village 8 × Yinglan Korean Heping Village 13 × Town Nongfeng Village 11 × Yilan County Nongzhuang Korean 24 × Tuanshanzi Town Village Qingchun Hui Village 6 × Data source: field investigation 48. The ethnic minorities, besides living in the ethnic minority towns and villages, are scattered in other non-minority towns, villages and streets. The percentage of minorities, however, is rather low, only about 3%, and the rest 97% is Han. Table 2-10 Situation of Ethnic Minorities in Affected Areas Total Ethnic Minority City County/District Town/Township Village Proportion Population Population Daowai District 750000 25875 3.45% Zhoujia Village 4550 90 1.98% Binxi Town Huayang 3700 22 0.59% Harbin Bin County Xinglong Binzhou Town 984 54 5.49% Village Shengli Town Gaolimao 2900 0 0.00% Fangzheng Yihantong Nanmenwai 2326 110 4.73% 23 Resettlement Plan for Harbin-Jiamusi Railways County Township Fangzheng Gaoleng 2909 130 4.47% Forestry Bureau Village Hongwei 17403 0 0.00% Yilan County Hongkeli Town Village Yangjiadian 16147 30 0.19% Guangming 4568 33 0.72% Changqing Village Jiamusi Outskirt Township Wanxing 5230 120 2.29% Village Total 810717 26464 3.26% 49. The comparison with the table of villages and towns that the line passes discloses that the project does not goes through any town/township or village that ethnic minorities gather. The population of ethnic minorities scattered in affected villages only gets to about 3% of the total population of the villages on average and those affected by the project only reaches 0.24% of the total population of the two cities. Therefore, this project does not involve issues like land acquisition and demolition concerning ethnic minorities. It does not directly influence ethnic minorities and have no sensitive religion and culture targets. Besides, a small amount of ethnic minorities living along the line live in harmony with the Han people and have equal economic and social development. They have obscure awareness of ethnic groups and involve no cultural sensibility and vulnerability. Therefore there is no need to work out a separate plan for ethnic minorities. 50. During the construction of project, employment can be properly arranged for ethnic minorities so as to increase their income and enable them to enjoy the equal rights and interests with local Han people and solve their issues together with those of Han people. They can broaden their views and strengthen skills through making contact with the construction company and cosmopolitan construction workers. They can sell their pigs and chicks on the market to increase income and benefit from the new railway and enjoy equal rights and interests of the local Han people. 51. No ethnic minority town/township is affected by the project. Thus there is no negative influence from land acquisition, demolition and construction. A small amount of ethnic minorities who scatter in the area have no clear difference from the local Han people in view of production and living style, living level and cultural custom. During the construction of project, employment can be properly arranged for ethnic minorities so as to increase their income and enable them to enjoy the equal rights and interests with local Han people and solve their issues together with those of Han people. 2.4.8 Poor Families 52. Poor families, including families with disabled or chronically ill and the families with women as the main labor force. If one family member alone or woman alone bears the majority of work at home, the family doesn’t earn extra wages and thus is poorer. The poor under investigation occupy only 2% of the total poor population. For the statistics of poor families in towns along the line, see Table 2-11. 24 Resettlement Plan for Harbin-Jiamusi Railways Table 2-11 Statistics of Poor Families in Some Towns along the Line Minimum Living People Five Guarantees/Household People Guarantee/Household Juren 320 1007 80 432 Town Jingjian 456 1518 114 651 Township Bin’an 189 649 47 278 Town Baidu 459 1932 115 828 Town Yihantong 234 416 42 48 Township Daluomi 671 1306 123 138 Town Huifa 800 1594 196 213 Town Tianmen 333 607 143 165 Township Songnan 354 651 97 106 Township Fangzhen 1742 4285 73 104 g Town Sixiang Town of 263 523 80 80 Yilan Jiamusi 8602 23785 2447 2447 outskirt Total 14423 38273 3557 5490 Data source: field investigation 53. Poor households are not concentrated in some village or street. They exist in area both poor and rich. Therefore, their cases need be treated respectively. They will receive special financial assistance which aims to help improve their living condition after the completion of the project. 2.4.9 Analysis of Social Sex 54. Owner and other competent organizations of the project all pay special attention to the rights and interests and status of women in the project in the preparation stage. To learn the social division of labor, family status and social status of women within the project area, the social economy investigation group specially visits the local women’s federation and pays special attention to women in the sampling investigation for affected families. 25 Resettlement Plan for Harbin-Jiamusi Railways 2.4.9.1 Overview of Women in the Project Area 55. The project involves Harbin and Jiamusi. In terms of the whole project, the two cities have realized the harmony development of women and children cause and economy and society with the implementation of Women Development Outline in Heilongjiang Province (2011-2015) and Children Development Outline (2011-2015) in Heilongjiang Province in recent years. 56. Women education: by 2010, the two cities have comprehensively popularized the 9-year compulsory education and safeguarded the right of girls to enjoy such an education system. 100% girls at the right age are enrolled by primary schools and the annual dropout rate is controlled below 0.02%. Girls are mostly not out of school. Roughly 99.82% girls are enrolled by secondary schools and the annual dropout rate is controlled below 0.8%. 57. Women employment and right protection: in 2010, Harbin and Jiamusi strengthened the publicity of regulations like Labor Contract Law, Mediation and Arbitration of Labor Disputes Law and Enforcement Regulations of Labor Contract Law during the labor enforcement and check, and further improved the law awareness of employers and workers. The two cities mainly checked if enterprises signed legal labor contracts with their employees, maintained the legal labor rights and interests of workers including female laborers, and requested that enterprises should not dismiss or terminate contract with female workers for their marriage, pregnancy, maternity leave and breast-feeding. The three-year program for labor contract is being carried out orderly. Recently, more than 95% female workers in enterprises have signed labor contracts and over 88% female staff has signed labor contracts. 58. Women’s participation in social decision-making and management: in 2010, all leadership teams in districts and counties in Harbin and Jiamusi contained female cadres. Women have played a main force role in the grassroots self-governing organizations such as neighborhood committee and village committee. 2.4.9.2 Investigation of Women Development in Project Area 59. The RAP preparation team has paid special attention to women in the sampling investigation for affected families. Among the sampled 628 people of 133 households, there are 267 women, accounting for 42.5%. The team learns from the questionnaire that women are not different from men in education, employment, and status in families and society. 60. Women education: the result of socio-economic investigation reveals that there is no obvious difference between men and women in education, but the rate of women with education background above junior high school is lower than that of men. 61. Women employment and production & labor: the result of socio-economic investigation discloses that men and women in the project area have the similar employment structure. 62. Gender division of labor: according to the door-to-door economic investigation and interview with some women, in the project area, couples usually work together in breeding industry or work in other areas. This is the major mode of labor division. The field investigation shows that women undertake all agricultural production if their husbands work in other areas. 63. Participation in public affairs: the result of socio-economic investigation discloses that there are fewer women who participate in public affairs of villages. Interviewed women rarely express opinion of public affairs and usually attend village meetings only when their husbands are not available. Over 75% women think their husband should attend the meetings if they are available. 26 Resettlement Plan for Harbin-Jiamusi Railways Chapter 3 Project Impacts 3.1 Project Impacts Scope 64. The overall length of the Harbin-Jiamusi Railway is 343.344km, and it is a double-track electric railway line. There are 14 railway stations along the line. The line lies in the mid-east of China’s Heilongjiang Province and is located in Harbin and Jiamusi at the south bank of the Songhua River. The line starts from the Harbin Station, through Bin County, Fangzheng County, Yilan County, to the Jiamusi station. It has passed through 2 cities, 3 counties and 7 districts. The special impact of the project includes: permanent land acquisition and demolition of various types of buildings; influence to the buildings and relevant appurtenances, equipments and infrastructure; temporary land use as well as demolition due to environmental affect caused by noise vibration. 65. Physical losses and the number of affected population involved with the main track project are based on the information available from the feasibility study undertaken by the Design Institute. The physical losses of architecture demolition due to noise and vibration impact and the number of affected population are based on the relevant contents in the environment impact report which is compiled by the environment impact assessment organization. The above-mentioned amount is not final and will be finalized with the further design development and the final confirmation of red line for land acquisition. At that time, conditions are reached for signing a compensation agreement with affected villages and villagers. Meanwhile, architectures for environment demolition are reserved according to the noise and vibration forecast result and are not demolished in the earlier stage. A special check and acceptance organization entrusted by the constructor will actually measure the noise level at the sensitive spot during the commissioning period upon the project’s completion. If the measurement proves that the noise exceeds standard, demolition will be carried out. 3.2 Physical Indicators of Main Track Project Impacts 3.2.1 Permanent Land Acquisition 3.2.1.1 Amount of Permanent Land Acquisition 66. The overall permanent land acquisition is estimated to be 23,393.6 mu, among which, 1,031.1 mu is reserved land for railway and 22,362.5 mu for land acquisition. Among the land for acquisition, 14,238.2 mu is cultivated land (paddy fields 1,329.7 mu, dry 12,908.4 mu), accounting for 60.86%; 193.2 mu is orchard, accounting for 0.83%; forest land 6,740.5 mu, accounting for 28.81%; ponds 216.8 mu, accounting for 0.93%; construction land (including residential land) 532.5 mu, accounting for 2.28%. Other land 444.5 mu, accounting for 1.90%. There is an average of 68.13 mu of permanent land acquisition per kilometer, including stations and related facilities. For statistics of permanent land acquisition in counties and districts, see Table 3-1. 3.2.1.2 Analysis of the Impact of Permanent Land Acquisition 67. Land acquisition for the Harbin-Jiamusi Railway is less troublesome in that (1) railway is linear, and this characteristic determines that the project would have limited impact on the regions along the line; (2) the proportion of the total length of bridges and tunnels is 47.74%, so the amount of land acquisition is greatly reduced; (3) existing railway stations at both ends will be retained and the existing railway lines will be utilized. For the analysis of the impact of collectively owned land acquisition, see Table 3-1. 27 Resettlement Plan for Harbin-Jiamusi Railways Table 3-1 Permanent Land Acquisition in Different Cities and Counties Unit: mu Counties Arable Land Construc And Padd Vegeta Orch Fores Grassl Reserv Othe tion Dry Unus City Total Subtot y ble ard t and oir rs ed Districts al Field Land Field Field Daowai 1760. 1304. 1268. 209. 36.36 0 3.24 48.85 0 69.92 123.68 0 19 61 25 90 District Acheng 1025. 740.3 740.3 117. 0 0 0 64.75 0 0 102.90 0 77 3 3 80 District Xiangfang 290.8 159.5 147.2 125. 12.25 0 0 0.45 0 2.09 3.20 0 Harb District 6 2 7 60 in 5673. 4938. 4910. 27.6 0 190 474.8 0 35.69 0 9.4 24.6 Bin County 08 59 99 Fangzheng 6725. 1829. 1236. 592.7 4708. 102. 0 0 0 46.00 0 39.10 65 37 60 7 88 30 District Yilan 4781. 3305. 3300. 1117. 317. 5.22 0 0 0 41.10 0 0 74 75 53 29 60 District 20257 12278 1318. 10960 193.2 6415. 453. 444. Harbin total 0 0 194.80 278.28 .30 .16 03 .14 4 03 30 50 2382. 1901. 1892. 325.5 Outskirt 8.50 0.00 0.00 0 22.04 0.00 133.90 0 64 20 70 0 Xiangyang 116.7 0 0 0.00 0 0 0 0 0 33 83.78 0 Jiam District 8 usi Qianjin 612.9 520. 55.60 0 55.60 0 0 0 0 0 36.53 0 District 3 8 Dongfeng 24.00 0 0 0 0 0 0 0 0 24 0 0 District 3136. 1956. 1948. 325.5 577. Jiamusi total 8.50 0 0 0 22.04 254.20 0 34 80 30 0 80 23393 14235 1326. 12908 6740. 103 444. Total of the line 0 193.2 0 216.8 532.5 .6 .0 5 .4 5 1.1 5 4781. 3305. 3300. 1117. 317. Yilan County 5.22 0 0 0 41.10 0 0 74 75 53 29 60 20257 12278 1318. 10960 193.2 6415. 453. 444. Harbin total 0 0 194.80 278.28 .30 .16 03 .14 4 03 30 50 Jiam Outskirt 2382. 1901. 8.50 1892. 0.00 0.00 325.5 0 22.04 0.00 133.90 0 32 Resettlement Plan for Harbin-Jiamusi Railways usi 64 20 70 0 Xiangyang 116.7 0 0 0.00 0 0 0 0 0 33 83.78 0 District 8 Qianjin 612.9 520. 55.60 0 55.60 0 0 0 0 0 36.53 0 District 3 8 Dongfeng 24.00 0 0 0 0 0 0 0 0 24 0 0 District 3136. 1956. 1948. 325.5 577. Jiamusi total 8.50 0 0 0 22.04 254.20 0 34 80 30 0 80 23393 14235 1326. 12908 6740. 103 444. Total of the line 0 193.2 0 216.8 532.5 .6 .0 5 .4 5 1.1 5 Data source: feasibility study and field investigation data 33 Resettlement Plan for Harbin-Jiamusi Railways 68. There is a total of 20,257.3 mu of land acquisition in the City of Harbin, with an average of 204.62 mu for each village. In Jiamusi City, the total land acquisition is 3,136.34 mu, an average of 348.48 mu for each village. The rural areas under acquisition in the two cities are different, and the topography and the distribution of stations are uneven. The land acquisition of the stations is concentrated, while that of the line, because of the diversity of bridge’s, tunnel’s and roadbed’s land acquisition in mountainous and flat areas, is scattered and varied. Data of permanent land acquisition based on villages is listed in Annex 3. 69. Villages near the railway station are not severely influenced by land acquisition. None of the 108 villages loses all land. There are 80 villages whose requisitioned cultivated land area occupies less than 1% of the total cultivated land area, and 22 villages, 1%-3%; 6 villages, 3%-5%; and only 2 villages, over 5%. The per capita land of people along the line is relatively high (about 9 mu) and the project is linear, the proportion of the amount of land acquisition is not very big relatively, and village flexible lands occupy about 5-10% of the total land area. Therefore, even though there is no need to totally readjust and reallocate the lands, it can still fully satisfy the need of those expropriated households who are willing to be adjusted within their village. The most affected villages are mainly distributed within the scope of interval stations. For details, see Table 3-2. Detailed proportion of the requisitioned land in each village is in Annex 4. 34 Resettlement Plan for Harbin-Jiamusi Railways Table 3-2 List of Station Distribution and Affected Villages Station Area Distance Center between Arable Land City County/District Town/Township Village Station Name Station Type Station Area for Impact Rate Mileage Stations (km) (mu) Acquisition (mu) Intermediate Binxi Town Zhangjingchun Binxi North CK37+100 7.6 194 188.69 0.8% station Overtaking Juren Town Nanjiagang Binxi East CK44+750 16.8 278.5 219.9 3.64% station Xinglong Bin County 344.22 3.85% Village Intermediate Binzhou Town Binzhou CK61+550 41.9 434.5 Guobao station 90.28 0.66% Village Intermediate Ningyuan Town Mengjiagou Shengli Town CK103+700 40.23 473 236 1.08% station Fangzheng Intermediate Harbin Linjia Village Shuanglonghu CK143+930 24.672 329.7 66 0.65% Forestry Bureau station Fangzheng Jianguo Intermediate Fangzheng CK169+070 17.59 541.2 541.2 7.34% Fangzheng Town Village station County Yihantong Intermediate Nanmenwai Demoli CK186+660 22.61 247.1 97.8 0.77% Township station Fangzheng Gaoleng Intermediate Gaoleng CK209+270 23.195 525 Forest land Forestry Bureau Forest Farm station Xiangqian 140 0.97% Village Intermediate Yilan County Dalianhe Town Dalianhe CK234+700 18.2 290 Hongxing station 150 0.43% Village 35 Resettlement Plan for Harbin-Jiamusi Railways Zhenjiang 204.3 1.34% Tuanshanzi Village Intermediate Yilan CK252+900 33 608.5 Township Liming station 404.2 2.26% Village Hongkeli Yangjiadian Intermediate Hongkeli CK285+900 23.7 383.2 383.2 3.02% Township Village station Jiamusi Outskirt Xigemu Kaoshantun Pingan Intermediate CK329+520 485.5 485.5 5.11% Township Village Village station Data source: feasibility study and field investigation data 36 Resettlement Plan for Harbin-Jiamusi Railway 3.2.2 Temporary Land Acquisition 70. During the construction period, a certain area of temporary land needs to be requisitioned. The design institutions estimate that about 12,819.3 mu of land will be temporarily borrowed in the project. The borrowed land is used mainly as the access roads, the construction sites and so on. After completion of the project, the construction units will restore the farming condition of the land and return it to the land owners. Construction companies and local land owners will sign an agreement on the temporary land acquisition. Details of the large-scale temporary works are listed in Table 3-3, county- or district-based statistics of the temporarily requisitioned land is in Table 3-4, and village-based statistics are in Annex 5. It should be noted that the data in the paper are estimations based on the Design Institute’s past experience with similar projects. Any unclear impact will be handled according to the compiled framework. Table 3-3 Large-scale Temporary Works of the Project Number Project Unit Amount 1 Beam field storage system 6 2 Laying base 2 3 Sidewalk km 218.2 4 Graded gravel mixing plant 12 5 Concrete mixing plant 19 6 Power line km 194.8 7 Prefabrication field of small construction members 19 8 Material factory 3 9 Water pipe km 3.3 10 Temporary bridge m 3440 11 Orbital plate ground 3 12 Storage field for large ballast 4 13 Access road for beam transportation km 4 14 Railway siding km 2 \ 37 Resettlement Plan for Harbin-Jiamusi Railway Table 3-4 County- or district-based Statistics of Temporarily Requisitioned Land Unit: mu County\ Arable Area City Total Paddy Forest Construction Land District Subtotal Field Daowai 69.8 69.8 69.8 District Acheng 219.2 156.6 156.6 62.6 District Harbin Bin County 4953.5 4838.9 4838.9 114.6 Fangzheng 2513.6 2440.8 2440.8 57 15.8 County Yilan 3456.7 3174.4 3174.4 256.1 26.2 County Harbin total 11212.8 10680.5 10680.5 490.3 42 Jiamusi Outskirt 1606.5 1398.7 1398.7 207.8 Jiamusi total 1606.5 1398.7 1398.7 207.8 Total of Line 12819.3 12079.2 12079.2 698.1 42 Data source: feasibility study and field investigation data 38 Resettlement Plan for Harbin-Jiamusi Railway 3.2.3 House Demolition for the Main Track Project 71. Demolition areas for the Harbin-Jiamusi Railway locate mainly at the two ends, that is, demolition is centralized on urban residents in Harbin and Jiamusi, mainly on factories and mines in the two cities. In addition, in rural areas, large areas of land acquisition are mainly located at the stations. 72. Overall building demolition area is 382,442 m2, including: rural house demolition area 58468 m2, 15.29% of the total demolition area; enterprises demolition area 197,070 m2, accounting for 51.53% of the total; urban residence demolition area 126,904 m2, 33.18% of the total. Detailed statistics of demolition area in each village (neighborhood) are in Annex 6. 3.2.3.1 Demolition of Rural Houses 73. The demolition of rural houses involved in this project affects 6 counties and districts of Harbin and 1 county/district of Jiamusi. A total of 275 households for 1,318 people are influenced. 58,468 m2 area of rural houses are to be demolished. For the demolition of rural houses, see Table 3-5. For the demolition amount of rural houses in view of structure, see Table 3-6. 39 Resettlement Plan for Harbin-Jiamusi Railway Table 3-5 Basic Situation of Villages and Towns Affected by Demolition Demolition of Rural Houses Area of common rural houses to be demolished (square City County/District Town/Township Village meter) Household People Brick and Brick and Soil and Total Simple concrete wood wood Qianwukeshu 62 309 13705 10652.4 461.3 239.1 2352.2 Beigang Village 52 255 10706 9790 26 40 850 Tuanjie Town Tongjiadian 47 234 9350 6545 1402.5 467.5 935 Daowai District Gaoyuhuan Village 1 4 46 46 0 0 0 Xinli Village 2 7 259 181.3 38.85 12.95 25.9 Minzhu Township Yanwopu 1 4 152 106.4 22.8 7.6 15.2 Xiangyang Township Zhaoan Village 1 2 28 28 0 0 0 Xujia Village 5 20 736 720 16 0 0 Acheng District Feiketu Town Harbin Hougou Village 1 5 170 170 0 0 0 Xiangfang District Chenggaozi Town Chenggaozi 5 21 2290 1603 343.5 114.5 229 Binxi Town Zhoujia Village 12 59 2373 1661.1 355.95 118.65 237.3 Bin County Huangjia Village 20 102 3926 2748.2 588.9 196.3 392.6 Binzhou Town Guobao Village 4 21 3013 2761 79 53 120 Bin’an Town Jinjia Village 1 3 8 8 0 0 0 Fangzheng Huifa Town Hongfei 10 47 1851 1295.7 277.65 92.55 185.1 County Tianmen Township Bijia Village 5 24 934 653.8 140.1 46.7 93.4 40 Resettlement Plan for Harbin-Jiamusi Railway Fangzheng Town Jianguo Village 4 22 777 543.9 116.55 38.85 77.7 Henan Village 2 7 480 480 0 0 0 Yihantong Township Nanmenwai 8 39 1525 1067.5 228.75 76.25 152.5 Daluomi Town Dongbei Village 2 9 371 259.7 55.65 18.55 37.1 Table 3-5 Basic Situation of Villages and Towns Affected by Demolition (continued) Demolition of Rural Houses Area of common rural houses to be demolished (square City County/District Town/Township Village Household Household meter) Total Total Total Total Total Fangzheng Fangzheng Forestry Gaoleng Village 5 21 951 665.7 142.65 47.55 95.1 County Bureau Gaoleng Forestry Bureau 2 7 263 184.1 39.45 13.15 26.3 Harbin Dalianhe Town Xiangqian Village 1 1 28 28 0 0 0 Yilan County Tuanshanzi Township Xingfu Village 3 10 425 297.5 63.75 21.25 42.5 Subtotal 256 1233 54367 42496.3 4399.35 1604.45 5866.9 Zhongda Village 1 4 60 60 0 0 0 Dalai Town Xinghua Village 10 46 2732 1912.4 409.8 136.6 273.2 Shuangyu Village 2 13 278 194.6 41.7 13.9 27.8 Jiamusi Outskirt Fengsheng Village 1 3 98 98 0 0 0 Xigemu Township Kaoshantun Village 4 16 848 593.6 127.2 42.4 84.8 Xigemu Village 1 3 85 85 0 0 0 Subtotal 19 85 4101 2943.6 578.7 192.9 385.8 Total 275 1318 58468 45439.9 4978.05 1797.35 6252.7 41 Resettlement Plan for Harbin-Jiamusi Railway Table 3-6 Statistics of Rural Houses in View of Structure City Area of Common Rural Houses to be Demolished (m2) County Category (Autonomous Brick and Brick and Soil and (District/City) Total Simple Prefecture) Concrete Wood Wood Daowai 34246 27349.1 1951.45 767.15 4178.3 District Acheng 906 890 16 0 0 District Xiangfang Demolition Harbin 2290 1603 343.5 114.5 229 District of Rural Houses Bin County 9320 7178.3 1023.85 367.95 749.9 Fangzheng 7152 5150.4 1000.8 333.6 667.2 County Yilan County 453 325.5 63.75 21.25 42.5 Jiamusi Outskirt 4101 2943.6 578.7 192.9 385.8 Total 58468 45439.9 4978.05 1797.35 6252.7 3.2.3.2 Demolition of Urban Houses 74. The project will demolish urban houses in three districts, involving 5,167 people in 1,210 households and 223,917 m2 area. For the influence of urban house demolition, see Table 3-7. Table 3-7 Statistics of Urban Houses in View of Structure Urban Demolition Province City County/District Sub-district Demolition Area (m2) Household People Total Frame Brick and Concrete Sankeshu Daowai Sub-district 455 1831 47748 6160 41588 Harbin District Office Total 455 1831 47748 6160 41588 Chang’an Xiangyang Heilongjiang Sub-district 256 1183 26836 20024 6812 District Office Jiamusi Qianjin Zhanqian Sub-district 499 2153 52320 12060 40260 District Office Total 755 755 3336 79156 32084 Total of the Line 1210 5167 126904 38244 88660 3.2.4 Population Affected by Main Track Project 75. The total affected population is 14,342, of whom 4,625 are in rural areas, namely 1,062 households. 42 Resettlement Plan for Harbin-Jiamusi Railway Among those affected in rural areas, 3,494 people (844 households) are impacted by land acquisition, 1,318 (275) are impacted by demolition, and 187 people (57 households) are impacted by both. The project also affects 39 factories and mines, whose demolition area reaches 197,070 m2, involving 4,550 people. Furthermore, 5,167 urban residents (1,210 households) require being resettled. Details of project-affected population are in Table 3-8. 43 Resettlement Plan for Harbin-Jiamusi Railway Table 3-8 Statistics of Population Affected by Land Acquisition and House Demolition Affected Population in Rural Area Other Affected Population Total Population Affected by Land Acquisition Population Population Population Total Affected Losing Affected by Affected by Land Factory County/Distric Total Population Land and Demolition Rural Residents Province City Population in Acquisition and and Mine t Affected by Land Demandin Rural Area Demolition Acquisition g for Social Insurance Househol Peopl Househol Peopl Househol Peopl Househol Peopl Househol People/Househol Peopl People d e d e d e d e d d e Daowai 239 1114 76 314 0 166 815 3 15 2770 1831 /455 5715 District Acheng 49 204 43 179 0 6 25 0 0 0 0 204 District Harbin Xiangfang 14 57 10 39 0 5 21 1 3 0 0 57 District Bin County 294 1292 291 1201 14 37 185 34 94 0 0 1292 Heilongjian g Fangzheng 142 597 111 452 9 38 176 7 31 563 0 1160 Yilan 199 829 196 821 5 4 11 1 3 100 0 929 Outskirt 121 518 113 474 0 19 85 11 41 65 0 583 Xiangyang Jiamus 0 0 0 0 0 0 0 0 0 1052 1183 /256 2235 District i Qianjin 4 14 4 14 0 0 0 0 0 0 2153 /499 2167 District Total of line 1062 4625 844 3494 28 275 1318 57 187 4550 5167 /1210 14342 44 Resettlement Plan for Harbin-Jiamusi Railway Data source: feasibility study and field investigation data 45 Resettlement Plan for Harbin-Jiamusi Railway 3.2.5 Enterprises 76. The project impacts a total of 39 factories and mines. The demolition area is 197,070 m2, involving 4,550 people. For details, see Table 3-9. 77. Among the 39 affected factories and mines, there is only 1 military facility (a discarded underground tunnel) and the rest are all private enterprises and individually owned enterprises with a small scale. Their employees are all contract workers or temporary workers. Enterprises generally rent collectively owned land. Except the one military facility, the other 11 ones are only partially affected and their production and operation are not influenced. Thus monetary compensation will be adopted. The remaining 27 enterprises all hope for integral relocation. Table 3-9 Details of Demolished Factories and Mines County\ Enterprises Demolished Affected Degree of Population District Names Area (m2) Effect Demolishing enclosure 1,892 m2, Jinjia Art Glass 1892 55 concrete and brick plant 573 m2; integral relocation. North Edge Measuring Tool Demolishing frame structure plant 3341 53 Factory 3,341 m2; integral relocation. Demolishing enclosure 4573 m2, Xingsheng Plastic Packaging 4573 60 concrete and brick & color band plant Company 2,555m2; integral relocation. Demolishing concrete and brick plant Xinlong Machinery Factory 1900 85 1,900 m2; integral relocation Demolishing enclosure 2,697 m2, Hongda Hardware Factory 2697 85 concrete and brick & color band plant 1,043m2; integral relocation. Railway house; demolished and Three Trees Locomotive Depot 3215 42 rebuilt Daowai District Demolishing frame structure plant Medicine Company 5624 200 5,624m2; integral relocation. Demolishing enclosure 26,000 m2, Longyun Road Passenger 2600 80 house 2,600m2; demand for integral Transport Co., Ltd. relocation. Demolishing plant 31,156 m2, Machinery Branch of Special 3500 90 warehouse 3,500m2; demand for Equipment Co., Ltd. integral relocation. Demolishing concrete and brick plant Qiaoyi Stainless Steel Co., Ltd. 2478 190 2,478m2; integral relocation Demolishing concrete and brick plant Hajingdian Printing Co., Ltd. 5540 120 5,540m2; integral relocation. Zhonglian Machinery Demolishing concrete and brick plant 3800 220 Manufacturing Co., Ltd. 3,800 m2; integral relocation. Zhengda Medical Equipment 4753 220 Demolishing 4,753 m2 of the total 46 Resettlement Plan for Harbin-Jiamusi Railway Factory 7,500 m2, involving main equipment; integral relocation. Chenggong Weiye Demolishing 3,100 m2 of the total 3100 210 3,900 m2, involving main equipment; Doors and windows company integral relocation Demolishing 3,870 m2 of the total Aosen Furniture Factory 3870 102 8,200 m2, involving main equipment; integral relocation Total plant 2,200 m2; integral Aotong Auto Electric Factory 2200 180 relocation Demolishing 5,000m2 of the total Common Non-standard Tool 5000 180 7,800m2, involving main equipment; Factory integral relocation Total plant 3,700m2; integral Wei Cheng Cable Co., Ltd. 3700 30 relocation. The 4th Material Branch of the Enclosure 5,300m2; demolishing 13th Engineering Bureau under 5300 68 warehouse 480m2; normal production the China Railway Corporation not affected. Total plant 31,156m2; demolishing 31156 500 warehouse 3,500m2; demand for Longjiang Special Equipment integral relocation. Co., Ltd. (131) Subtotal: 20 enterprises 100239 2770 Table 3-9 Details of Demolished Factories and Mines (continued) County\ Enterprises Demolished Affected Degree of Population 2 District Names Area (m ) Effect Enclosure 30,000 m2 and plant Gaoleng Hatching and Breeding 5,465 m2; no house to be 5465 143 Base demolished within the area where the railway passes Explosive Magazine of Fangzheng Branch Company of Warehouse 400 m2; for safety of Qitaihe Oversea Civilian 400 15 railway operation, integral Fangzheng Blasting Materials Monopoly relocation is required. County Co., Ltd. One office building to be removed Harbin Demoli Mineral Water 11200 400 and rebuilt nearby; overall Co., Ltd. production not influenced. Enclosure 10,000 m2 and breeding Longjiang Woxue Mastiff Park 460 5 house 323 m2; enterprise demands for integral relocation. Subtotal: 4 enterprises 17525 563 Yilan Some pipelines to be removed; Yilan Water Source 800 100 County overall use not be influenced. 47 Resettlement Plan for Harbin-Jiamusi Railway Subtotal: 1 800 100 Plant 4,698 m2 and some warehouse Shihongxing Construction 1704 153 1,704 m2; overall production not Company, the 6th Agency influenced. Military facilities 7329 7 discarded trenches Breeding house 4,967 m2 to be Hongxing Breeding Base in 4967 50 demolished; enterprise demands for outskirt of Jiamusi integral relocation. Jiamusi Union Agricultural Enclosure 40,000 m2. The passing Machinery Manufacturing Co., 40000 130 of viaduct through the courtyard Ltd. causes no house demolition. Jiamusi Goods Yard Tarpaulin 500 10 House 500 m2. Integral relocation. and Working Suit Company Jiamusi Railway Parts Factory 11,000 m2 within enclosure. The passing of viaduct through the 11000 220 Jiamusi Xinda Railway Track courtyard causes no house Bridge Service Co., Ltd. demolition. Jiamusi Working Suit Company 600 20 House 600 m2. Integral relocation. 300 m2 plant to be demolished, involving major hatching Jiamusi Breeding Factory 300 4 equipment. Demand for integral Jiamusi relocation. Breeding affected; demand for Lijia Fishery 400 10 integral compensation. Rongxin Template Renting 96 15 Integral relocation Station in outskirt of Jiamusi 3,220 m2 within enclosure; plant 1,981 m2 to be demolished, Jiamusi Hengfeng Wood Import 3220 65 involving main production & Export Company equipment; demand for integral relocation. Warehouse 260 m2 to be Jiamusi Xiangyang Wood demolished, not involving main 1920 160 Products Co., Ltd. production equipment. Normal production not influenced. Main production equipment to be Heilongjiang Xiaoheilong 3235 140 demolished. Enterprise demands for Ecological Fertilizer Co., Ltd. integral relocation. Warehouse 300 m2 to be Jiamusi Ronghua Machinery demolished, not involving main 3235 140 Manufacturing Co., Ltd. production equipment. Normal production not influenced. Subtotal :14 enterprises 78506 1117 Total: 39 enterprises 197070 4550 Data source: based on feasibility design and field investigation data 48 Resettlement Plan for Harbin-Jiamusi Railway 3.2.6 Affected Vulnerable Groups 78. Vulnerable groups refer to the disabled, households that enjoy five guarantees and minimum living guarantee, poorest families and those with women householder. A total of 12 households belonging to vulnerable groups are affected by demolition. For details, see Table 3-10. Table 3-10 List of Affected Vulnerable Groups Hous Number of Vulnerable Groups ehold Cit County/ Town/To to be Households with Households Dis Households with Village y District wnship Dem Minimum Living with Five able Women olish Guarantee Guarantees d Householder ed Qianwukesh 62 1 0 0 0 u Beigang 52 0 0 0 1 Tuanjie Village Town Tongjia 47 0 1 0 0 Village Daowai Gaoyuhuan 1 0 0 0 0 District Village Xinli Minzhu Village 2 0 0 0 0 Township Yanwopu 1 0 0 0 0 Xiangyan Zhaoan g 1 0 0 0 0 Village Township Ha Xujia 5 0 0 0 0 rbi Acheng Feiketu Village n District Town Hougou 1 0 0 0 0 Village Xiangfa Chenggao ng Chenggaozi 5 0 0 0 0 zi Town District Binxi Zhoujia 12 0 1 0 0 Town Village Huangjia 20 1 0 1 0 Bin Binzhou Village County Town Guobao 4 0 0 0 0 Village Bin’an Jinjia 1 0 0 0 0 Town Village Fangzhe Huifa Hongfei 10 0 1 0 0 ng Town 49 Resettlement Plan for Harbin-Jiamusi Railway County Tianmen Bijia Village 5 0 0 0 0 Township Fangzhen Jianguo 4 0 0 0 0 g Town Village Yihanton Henan 2 0 0 0 0 g Village Township Nanmenwai 8 0 0 0 0 Daluomi Dongbei 2 0 0 0 0 Town Village Gaoleng 5 0 0 0 0 Village Fangzhen Fangzheng g Forestry Forestry Bureau Bureau 2 0 0 0 0 Gaoleng Forest Farm Dalianhe Xiangqian 1 0 0 0 0 Town Village Yilan County Tuanshan Xingfu zi 3 0 0 0 0 Village Township Subtotal 256 2 3 1 1 Zhongda 1 0 0 0 0 Village Dalai Xinghua 10 1 1 0 0 Town Village Shuangyu Jia 2 0 0 0 0 Village mu Outskirt si Fengsheng 1 0 0 0 0 Village Xigemu Kaoshantun 4 0 0 0 0 Township Village Xigemu 1 0 0 0 0 Village Subtotal 19 1 1 0 0 Total 275 3 4 1 1 Sankeshu Daowai Harbin Sub-district 455 1 0 0 0 District Office Xiangyang Chang’an 256 0 0 0 0 District Sub-district Jiamusi Qianjin Zhanqian 499 1 0 1 0 District Sub-district 50 Resettlement Plan for Harbin-Jiamusi Railway Total 1210 2 0 1 0 Total of the Line 1485 5 4 2 1 3.2.7 Scattered Trees, Graves and Others 79. The scattered trees affected by the project include those around the houses, on the farmlands and in other places and other trees on land to be requisitioned. Due to the construction, a total amount of 2,353,665 scattered trees need to be cut down or removed or requisitioned. At the same time, a total of 648 family graves will be displaced. 64 wells and water pumps (with 30m depth and 0.6m bore diameter), 5 motor-pumped wells, 209,157 m2 ponds and 55,354 m2 greenhouse will be demolished. 3.2.8 Infrastructure 80. The affected infrastructures mainly involve power lines, telecommunications lines and communications cables, drains, water pipes, oil pipelines and roads. They will be protected and repaired as much as possible. The construction units are responsible for the infrastructure rehabilitation, so the costs will be included into the project cost, instead of the resettlement budget. Details about the impact on major infrastructure are listed in Table 3-11. Table 3-11 Details about the Impact on Infrastructure Project Unit Amount Road diversion m 72443 Power line displacement km 264.1 Telecommunications line km 680 displacement Pipeline displacement km 83.78 Drains km 0.65 Data source: feasibility design and field investigation data 3.3 Physical Indicators of Environmental Impacts 3.3.1 Noise and Vibration Impact 81. There are a total of 163 noise-sensitive points along the line. Main noise pollution control measures include: setting up 58,663m long noise barriers which add up to 168,165 m2; and installing noise ventilation windows with area of 301,990 m2. These measures will be implemented after more noise-sensitive points are discovered out of standard in the test run by specialized acceptance organization which is entrusted by construction unit during the trial operation until the project is completed. Fees for demolition of 1,002 noise-sensitive points will be reserved based on the analysis of vibration environmental impact. A total of 93,487 m2 area is included for demolition due to environmental protection, containing 13,937 m2 common rural houses (14.91%), 79,550m2 urban houses (85.09%). This kind of demolition totally impacts 4,314 people in 1,002 households, including 335 people in 77 households from the rural area and 3,979 in 925 households from the urban area. For details in view of sub-district and village, see Table 3-12. During the commissioning of the project, a specialized acceptance organization is entrusted by the construction unit to measure the actual noise and vibration level at noise-sensitive points, these measures will be implemented only when the measurement result exceeds the 51 Resettlement Plan for Harbin-Jiamusi Railway standard. Table 3-12 Statistics of Environmental Protection Demolition in Sub-district and Village Area of Buildings for Environmental Affected City County/District Town Village Household Protection People Demolition (m2) Sankeshu Sub-district (City) 57100 695 2990 Tuanjie Town Beigang Village 910 5 22 Daowai District Xinli Village 360 2 9 Minzhu Township Yanwopu 189 1 5 Xiangfang District Chenggaozi Town Chenggaozi 1730 10 43 Zhoujia Village 1855 10 43 Binxi Town Zhangjingchun 740 4 17 Harbin Bin County Huayang 915 5 22 Juren Town Sanjiedi 734 4 17 Huifa Town Hongfei Village 878 5 22 Tianmen Township Zhaojia Village 1480 8 34 Fangzheng County Yihantong Township Henan Village 555 3 13 Nanmenwai 1820 10 43 Fangzheng Forestry Gaoleng Village 903 5 22 Bureau Dalai Town Zhongda Village 355 2 10 Outskirt Jiamusi Xigemu Township Kaoshantun Village 513 3 13 Qianjin District Zhanqian Sub-district Office (City) 22450 230 989 Total 93487 1002 4314 Data source: based on data from the environmental impact report 3.3.2 Electromagnetic Environment Affect 82. Upon completion, the electromagnetic radiation generated by the trains will have impact on the TV signals. This impact can be eliminated by having access to cable television network. The method will also eliminate the reflection and occlusion of the body of trains completely. We also identified a pre-scope of a group of residential families the TV signal of which could be potentially impacted by MOR. According to our estimation, the compensation adds up to 876,000 yuan (500 for each household). If electromagnetic radiation impact can be monitored by specialized acceptance organization which is entrusted by the construction unit during the operation stage after the project is completed, the compensation should be made. 52 Resettlement Plan for Harbin-Jiamusi Railway Chapter 4 Resettlement Policies Framework 4.1 Resettlement Targets 83. The resettlement targets for the affected people of Harbin-Jiamusi Railway include: ■ To take construction, technical and economic measures to avoid or minimize land acquisition and structure demolition. When land acquisition and demolition are unavoidable, take effective measures to minimize the impact on the production and lives of the affected people; Conduct a socioeconomic survey and compile a relevant resettlement plan during the preparation stage; With resettlement, target entities and compensation standards as the foundation, improve or at least recover the standard of production and living of the affected people. The resettlement plan shall aim to encourage the villagers to be more focused on fland foundation and engaged with secondary and tertiar industries. Establish and improve the social security system of villagers affected by land acquisition. ■ Encourage the resettlers participation in resettlement activities. ■ Prioritize resettling the resettlers within their originalcommunity. 4.2 Applicable Laws and Policies 4.2.1 Involuntary Resettlement Policy of the World Bank 84. The objectives of the Bank’s policy on involuntary resettlement： The World Bank policies on involuntary resettlement are described clearly in OP4. 12. The overall objectives of the Bank’s policy on involuntary resettlement are the following: ■ Involuntary resettlement will be avoided where feasible, or minimized, exploring all viable alternative project designs. ■ Where it is not feasible to avoid resettlement, resettlement activities will be conceived and executed as sustainable development programs, providing sufficient investment resources to enable the persons displaced by the project to share in project benefits. Displaced persons will be meaningfully consulted and will have opportunities to participate in planning and implementing resettlement programs. ■ Displaced persons will be assisted in their efforts to improve their livings and standards of living or at least to restore them, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher. 85. Required measures to achieve the objectives ■ The resettlement plan or resettlement policy framework includes measures to ensure that the displaced 53 Resettlement Plan for Harbin-Jiamusi Railway persons are informed about their options and rights pertaining to resettlement. ■ The displaced persons are consulted on, offered choices among, and provided with technically and economically feasible resettlement alternatives. ■ The displaced persons are provided prompt compensation at full replacement cost for losses of assets attributable directly to the project. ■ If the impacts include physical relocation, the resettlement plan or resettlement policy framework includes measures to ensure that the displaced persons are provided assistance (such as moving allowances) during relocation. ■ The displaced persons are provided with residential housing, or housing sites, or, as required, agricultural sites for which a combination of productive potential, location advantages, and other factors are at least equivalent to the advantages of the old site. ■ Where necessary to achieve the objectives of the policy, the resettlement plan or resettlement policy framework also include measures to ensure that displaced persons are offered support after displacement, for a transition period, based on a reasonable estimate of the time likely to be needed to restore their living and standards of living. ■ The displaced persons are provided with development assistance such as land preparation, credit facilities, training, or job opportunities. ■ Particular attention is paid to the needs of vulnerable groups among those displaced, especially those below the poverty line, the landless, the elderly, women and children, indigenous peoples, ethnic minorities, or other displaced persons who may not be protected through national land compensation legislation. ■ Preference will be given to land-based resettlement strategies for displaced persons whose livings 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, vocational advantages, and other factors are 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, or sufficient land is not available at a reasonable price, non-land-based options built around opportunities for employment or self-employment will 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. ■ Payment of cash compensation for lost assets may be appropriate where (a) livings are land-based but the land taken for the project is a small fraction of the affected asset and the residual is economically viable; (b) active markets for land, housing, and labor exist, displaced persons use such markets, and there is sufficient supply of land and housing; or (c) livings are not land-based. Cash compensation levels will be sufficient to replace the lost land and other assets at full replacement cost in local markets. ■ Displaced persons and their communities, and any host communities receiving them, are provided timely and relevant information, consulted on resettlement options, and offered opportunities to participate in planning, implementing, and monitoring resettlement. Appropriate and accessible grievance mechanisms are established for these groups. ■ In new resettlement sites or host communities, infrastructure and public services are provided as necessary to improve, restore, or maintain accessibility and levels of service for the displaced persons and host communities. Alternative or similar resources are provided to compensate for the loss of access to 54 Resettlement Plan for Harbin-Jiamusi Railway community resources (such as fishing areas, grazing areas, fuel, or fodder). ■ Patterns of community organization appropriate to the new circumstances are based on choices made by the displaced persons. To the extent possible, the existing social and cultural institutions of resettlers and any host communities are preserved and resettlers’ preferences with respect to relocating in preexisting communities and groups are honored. 4.2.2 Legal Framework 86. The People’s Republic of China has formulated a complete set of legal and policy framework regarding land acquisition, house demolition, and resettlement of resettlers and standards of compensation. Since 1986 when “The People’s Republic of China Land Administration Law� was promulgated, it has been revised three times according to the changes of national conditions. The latest revision was made on August 28, 2004 by the standing committee during the 11th conference in the Tenth National People’s Congress. Within the national legal and policy framework, governments of every level respectively promulgated and implemented relevant laws and policies that conform with the local conditions to manage and guide the work of land acquisition, house demolition, resettlement of resettlers and compensation. Heilongjiang Province have formulated relevant local laws and policies to manage and guide related work locally. Every prefecture level cities, county level cities, districts, counties under the jurisdiction of the 3 provinces (region) have all implemented relevant regulations from their provincial governments. 87. Land acquisition, demolition and resettlement of this project are to conform to relevant regulations and implementation methods of each province (city), World Bank’s Social Security Policies and design documents of this project (See Annex 9 for some relevant policies). They mainly include: They mainly include: A. The Law of Land Administration Law of the People's Republic of China, (effective in October 2004); B. Provisions for Implementing the People's Republic of China Land Administration Law, State Council Decree No. 256, Effective in January 1999; C. Provisions on the Protection of Farmlands (State Council Decree No. 257); D. Interim Regulation on the Farmland Occupation Tax of the People's Republic of China (No. (1987) 27 of the State Council); E. Implementation of Forestry Law of the People's Republic of China (No. 278 of the State Council); F. Provision on the Planning and Construction of Villages and Towns (State Council Decree 116, effective in November 1999 G. Regulations on Acquisition of Houses on State-owned Land and Compensation (State Council Decree 590, effective in January 2011) H. Regulations on Land Reclamation (State Council Decree 592, effective in March 2011) I. Decision on Intensive Reformation and Strict Land Administration, GF [2004] No. 28; J. “Notice on That the State Council General Office Transmits the Guiding Opinions of the Ministry of Labor and Social Security on Re-employment Training and Social Security of Land-expropriated Farmers�(State Council [2006] 29, April 2006) K. “Notice of the General Office of the State Council Concerning the Issues about Establishment of Supervisory System on National Land�(State Council [2006] 50, July 2006) L. “Circular of the State Council on Intensifying the Land Control�(August 2006) M. “Notice on Intensifying the Foundations Land Control of the Village House �(Ministry of land and 55 Resettlement Plan for Harbin-Jiamusi Railway resources [2004] 234, November 2004) N. “Notice on the Sound System of Land Compensation and Resettlement Guidance �(Ministry of Land and Resources [2004] 238, November 2004) O. “Suggestions on Doing Basic Farmland Protection Work Well Fatherly�(Ministry of Land and Resources [2005] 196, September 2005, Ministry of Land and Resources, Ministry of Agriculture, National Development and Reform Commission, Ministry of Finance, Ministry of Construction, Ministry of Water Resources, State Forestry Bureau) P. “Notice on Further Strengthening the Land Resources Supervision and Enforcement Works �(Ministry of Land and Resources [2005] 220, October 2005) Q. Notice on “Outline of the Eleventh Five-Year Plan for Cadastre Administration� (Ministry of Land and Resources [2006] 137, June 2006) R. Notice on Furthering Strengthening the Management on Land Requisition Issued by the State Administration of National Land and Resources (June 26, 2010) S. “Notice of State Price Control Bureau and Ministry of Finance on issuing some charging items and charging standard of land control department� ( [1992] Price No.597 ) T. “Land Management Regulations of Heilongjiang� (Effective from January 1, 2000); U. “Regulation on the Dismantlement of Urban Houses of Heilongjiang� (Effective from March 1, 2002) V. Notice of Heilongjiang Provincial People’s Government on Printing and Distributing Implementation Measures for the Comprehensive Price for Land Acquisition in the Province (HZF [2011]51, effective from July 18, 2011) W. Approval of Heilongjiang Provincial People’s Government on Adjusting the Comprehensive Price for Land Acquisition (HZH [2010]140, effective on December 31, 2010) X. Notice of Heilongjiang Provincial People’s Government on Printing and Distributing Implementation Measures for Farmland Occupancy Tax in the Province (HZF [2008]88) Y. Implementation Plan for Experiment of Perfecting Urban Social Insurance System in Heilongjiang (HZF [2004]13) Z. Notice of Heilongjiang Provincial People’s Government on Printing and Distributing Treatment Measures for Disputes in Land Acquisition and Compensation in the Province (HZF [2008]4, effective on January 27, 2008) AA. Implementation Measures for Land Reclamation in Heilongjiang Province (effective on January 1, 1990) BB. Standards on Land Reclamation Fee in Heilongjiang Province (HT [1991]81) CC. Management Methods for Land Reclamation Fee and Its Use in Heilong Province (HTZF [2001]111) DD. Approval of Heilongjiang Price Supervision and Administration Bureau and Heilongjiang Fiancé Department on Compensation Standards for Requisition, Occupancy and Temporary Use of Forest Land (HJL[2011]27) EE. Interim Procedures for Endowment Insurance of Land-losing Farmers in Heilongjiang (effective in January 2008) FF. Announcement of Harbin People’s Government on Implementing Comprehensive Price for Land Acquisition in Harbin (HZFFZ [2011]3, effective on January 1, 2011) GG. Notice of Jiamusi People’s Government on Adjusting Comprehensive Price for Land Acquisition in Harbin (JZZ [2011]2, effective on January 1, 2009) HH. Notice of Harbin People’s Government General Office on Strengthening Management on the 56 Resettlement Plan for Harbin-Jiamusi Railway Use of Added Arable Land Index (HZBZ [2012]7) II. Interim Procedures For Endowment Insurance and Employment Service of Land-losing Farmers in Harbin (Harbin People’s Government Decree 179, effective on January 1, 2008) JJ. Implantation Measures on Endowment Insurance of Land-losing Farmers in Jiamusi (JZF [2009] 16, effective on September 10, 2009) KK. Several Opinions of CPC Harbin Committee and Harbin People’s Government on Supporting the Development of Harbin Technological Innovation City and Southern Harbin Industrial New City (HF [2010] 2, effective on February 4, 2010) LL. Interim Procedures for Harbin Hi-tech Industrial Development Area to Encourage Venture Capital Investment (effective on May 1, 2010) MM. Preferential Policies for Investment Attraction of Jiamusi Hi-tech Industrial Development Area (JZF [2009] 19, effective on September 10, 2009) NN. Several Policies for Accelerating Development of Jiamusi Hi-tech Industrial Development Area (Jiamusi People’s Government JF [2011] 4, effective on February 14, 2011) OO. The World Bank Social security PolicyOP/BP4.12-Involutary Resettlement 4.2.3 State, provincial and city level laws and regulations 88. The Land Administration Law of the People’s Republic of China set regulations on the compensation to requisitioned lands in 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 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 this Article subject to the approval of people's governments of the provinces, autonomous regions and municipalities directly under 57 Resettlement Plan for Harbin-Jiamusi Railway the Central Government. However, the total of land compensation fee and subsidy for resettlement shall not exceed thirty times of the average annual 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 requisitioned farmlands. 89. To further enforce land administration, the State Council of the People’s Republic of China promulgated Decision on Intensive Reformation and Strict Land Administration (No. 28). Article 12 on Improving Method of Compensation for Land Acquisition is to further improve requirements on compensation for land acquisition. Local governments of county levels and above are to take practical measures so that the living standards of villagers will not become lower because of land acquisition. To ensure compensation for land, subsidies for resettlement, compensation for auxiliaries and young crops are of the amount according to the law and be paid promptly. Compensation for land and subsidies for resettlement are to be paid according to the current legal regulations. In the case where the living standards of the villagers cannot be maintained the same or the compensations are not enough for the social security of the villagers who have lost their land due to land acquisition, the local governments of provinces, autonomous regions and municipalities are to approve the increment of subsidies of resettlement. When compensation for land and subsidies for resettlement are in the higher limit regulated by the law but still cannot maintain the living standard of the villagers affected by land acquisition, the local government can make use of the income from compensated use of state-owned lands to subsidize. Local governments of provinces, autonomous regions and municipalities are to formulate and publicize the standard of annual output value of acquisitioned land or the comprehensive price of land for the district. Compensation for land acquisition is to be the same of the same types of land. Key projects of the country must include full amounts of expenses for land acquisition in their budgets. The compensation standard and method of resettlement for construction of medium or big water conservancy and hydropower works are to be individually regulated by the State Council. 90. Decision on Intensive Reformation and Strict Land Administration regulates the resettlement of villagers affected by land acquisition. It also regulates the procedures for land acquisition and the appropriate resettlement for the villagers affected by land acquisition. At the same time, the method of land acquisition must be negotiated with the affected parties to ensure the interest of the villagers. Article 13 regulates “appropriate resettlement of villagers affected by land acquisition�. Local governments of above county level are to formulate specific methods so that the living of villagers affected by land acquisition can be guaranteed. For projects with stable profits, villagers can become a shareholder of the legally approved construction land-use right. Within urban planning districts, the local governments are to place villagers who lose land due to land acquisition into the employment system of the townships and establish a social security system; with the exception of urban planning districts, the local governments are to leave villagers necessary cultivated within the administrative district or arrange an appropriate employment post when acquisitioning collective land of the villagers; resettlement will be the choice for villagers with no land and without the basic production and living conditions. It also requires the “Labor and Social Security Department and other relevant departments to jointly establish employment training for villagers affected by land acquisition and provide opinionated guidance on the social security system. Article 14 regulates for a perfect land acquisition procedure. To safeguard the villagers' landholding rights of collective land and the interest of villagers with operation rights on contracted land. Before acquisition of land is submitted for approval, villagers must be informed of the reasons for land acquisition: its uses, locations, compensation standards and channels for resettlement; village collective economic organization and village households must confirm the results of survey on the current status of the land for acquisition; the Department of Land and Resources will organize hearings according to relevant regulations when necessary. Materials that are to be submitted for approval must be confirmed by the villagers affected by land acquisition. To hasten the establishment and improve the system for negotiation and arbitration of disputes with regards to compensation of land acquisition and resettlement to safeguard the legal rights of villagers affected by land acquisition. With the exception of special circumstances, approved items for land acquisition are to be publicized. 58 Resettlement Plan for Harbin-Jiamusi Railway 91. The state government has formulated relevant laws, regulations and policies to strictly enforce the allocation of compensation funds. This is to ensure that there will be no infringement of the rights of the villagers affected by land acquisition. Article 15 of Decision on Intensive Reformation and Strict Land Administration regulates:" enforce supervision of the implementation of land acquisition. Requisitioned land should not be used forcibly if compensation for land acquisition and resettlement are not realized. Local governments of provinces, autonomous regions and municipalities are to adhere to the principle of that land compensation is mainly for villagers affected by land acquisition, and formulate distribution methods within the economic organization of village collectives. Economic organizations of affected village collectives are to publicize payments and allocation conditions to members and accept their supervision. Agricultural and Civil Administration Departments are to enforce supervision of the allocation and use of compensation funds within the economic organizations of village collectives. 92. According to Decision on Intensive Reformation and Strict Land Administration, the Department of Land and Resources formulates the Concerning Guidance and Opinions on Improving the System for Compensation of Land Acquisition and Resettlement. This is to further refine relevant policies by the State Council on standards of land acquisition, channels of resettlement for villagers affected by land acquisition, procedures of land acquisition and supervision of land acquisition. 93. In order to implement the series of directives on land requisition mission assigned by the Party Central Committee and the State Council, Notification of Improving Administration of Land Requisition Issued by Ministry of Land and Resources was issued in June 2010. (I) Overall implementation of the unified annual productivity standard for land requisition and the comprehensive land price of the requisitioned district. For a newly approved construction project, a strict control for the pre-evaluation is necessary to ensure that the land requisition compensation of this project is calculated as per the unified annual productivity standard for land requisition and the comprehensive land price of the requisitioned district in effect and the budgetary estimate covers the full value. All governments shall establish the dynamic adjusting system for the land requisition compensation standards and adjust these standards every two or three years according to the economic development level and the local income increase rate per capita to improve the land requisition compensation level step by step. (II) Research and improvement of land requisition compensation prepayment system. In order to prevent the delay of payment and to ensure the timely payment of the full value of the compensation, all governments shall research and improve the land requisition compensation prepayment system. (III) Reasonable distribution of land requisition compensation. After approval for land requisition and during implementation, the Municipal Land and Resources Bureaus shall pay the full value of the compensation in time according to the defined land requisition compensation solution. The compensation due shall be paid directly to the farmers in person to avoid and correct the interception and the peculation of the land requisition compensation. (IV) Agricultural resettlement in priority. All the regions shall consider the local reality and take various effective measures for land requisition and resettlement accordingly. In the rural areas where the land reclamation helps to increase the arable land and where there is more flexible land reserved by rural collective economic organization, the agricultural resettlement mode shall be adopted in priority during land requisition, assigning the newly increased land or flexible land to the requisitioned farmers to let them own a certain area of arable land to maintain the basic production conditions and income sources. (V) Pushing the implementation of social security fund of the requisitioned farmers. By respecting the principle of “people who uses land takes the responsibility�, all the regions shall be encouraged to find more channels for social security fund together with the compensation and resettlement. The requisitioned farmers included into the new pension insurance system shall still be covered by the social security. It is not allowed to replace the social security by the new rural pension insurance. 59 Resettlement Plan for Harbin-Jiamusi Railway (VI) Practical implementation of the demolition, compensation and resettlement caused by the land requisition. The related laws, regulations, policies and procedures shall be executed strictly to respect the principle of “resettlement before demolition� and firmly stop and correct the illegal and enforced demolition actions. (VII) Reasonable compensation and resettlement for housing demolition. During the land requisition, the farmers who are facing housing demolition shall be compensated reasonably and resettled in diversified modes according to the local reality. In the outer suburbs and rural areas, the relocation is a main mode of resettlement, which means giving a new land for building a house. The compensation for demolition shall consider both the removed house and the house building land requisitioned. The housing demolition shall be compensated according to the building replacement cost, while the requisition of house building land shall be compensated as per the local land requisition compensation standards in effect. In the joint area between city and countryside and in the village within city, in principle, no land shall be reassigned for building new house, in stead, money or physical compensation shall be adopted. The farmers facing demolition can select the houses by themselves or accept the houses provided by the government. The sum of the demolition compensation and the government’s allowance shall guarantee that the farmers can select a house of a reasonable living level. (VIII) Overall planning for the land requisition and demolition. In the joint area between city and countryside and in the village within city, the local government shall reasonably forecast the farmers’ housing demolition and resettlement scale affected by the land requisition during a certain period, make overall planning, arrange in advance the lands and houses for resettlement and organize the demolition in order. The houses for resettlement shall be in accordance with the city development planning to avoid repeated demolition. In the outer suburbs and rural areas, the land for resettlement by relocation shall be arranged within the construction land of the village and the town, using free land and free house building land in priority. For the villages included in the demolition and consolidation scope, the resettlement by relocation shall be concentrated to the planned residential areas. Where the conditions permit, the houses for resettlement shall be arranged with overall consideration according to the new village or central village construction planning. (IX) Serious implementation of notification, confirmation and hearing before submission for approval. The land requisition work is related to the vital interests of the farmers. The rights of the farmers to be informed, to participate, to appeal and to supervise shall be ensured during the land requisition. The city and county land and resources bureaus shall strictly respect the related stipulations and procedures and fully hear the opinions of the farmers before submitting the program for approval. The notification of land requisition shall be distributed to each village and each farmer household, by various means of broadcast, village affair bulletin board and other visible notification. If the farmers have objections or require a public hearing, the local land and resources bureaus shall organize the hearing in time to hear the farmers’ opinions. The reasonable requirements of the general public shall be satisfied properly. (XI) Reinforcement of the responsibility of city and county governments as a main player to implement the land requisition. As per the laws, the city and county governments are the main player to organize and implement the land requisition. It takes the full responsibility for defining the land requisition compensation standards, demolition compensation and resettlement, timely and full payment of compensation, organization of professional training for the requisitioned farmers, including the requisitioned farmers into social security system. Under the unified organization of governments, land and resources bureaus shall fulfill seriously their responsibilities to ensure that the land requisition work is executed legally and orderly. (XII) Implementation of feedback system after approval. Within 6 months after the land for construction is approved for use (for the urban construction land approved by the State Council, it is after the approval by provincial government of the implementation program of transforming agricultural land and of land requisition), the city and county land and resources bureaus shall report the implementation results to the provincial land and resources department and the Ministry of Land and Resources through online reporting system, including land requisition scope and size, land requisition executing procedures, 60 Resettlement Plan for Harbin-Jiamusi Railway payment of land requisition compensation, resettlement and social security of the requisitioned farmers, etc. The provincial land and resources department shall supervise and instruct the reporting work of the cities and counties, verify the reported information, correct in time the problems of non-reporting, late reporting and wrong reporting. The land and resources bureaus at all levels shall fully use the reported information, timely master and analyze the results of land requisition, reinforce the supervision and management of the use of land after approval to ensure that the land requisition is implemented as per the requirement of approval. 94. Heilongjiang province land management regulations and compensation standards all follow the principle of Land Management Law of China. Heilongjiang Province has established land management regulations according to Land Management Law of China, specified detailed implementation measures on land acquisition, compensation and resettlement. 95. Regulations on Land Management of Heilongjiang Province: Article 27: Compensation for land acquisition is paid according to the following standards: (I) Compensation for arable land is 6 to 10 times its average annual output value in the 3 years prior to the land acquisition. If the average annual output value is hard to measure, city and county governments could work out detailed compensation standards for dry land, paddy field and vegetable plot according to their reasonable output value. These standards could be applied into practical measurement after the approval of provincial governments’ land management departments; (II) Compensation for construction land, such as homestead and factory building, is four times its average annual output value in the 3 years prior to the land acquisition. (III) As to arable land cultivated less than three years, the acquisition compensation is twice the output value in the previous year. Besides, the investment on cultivation will also be compensated; (IV) As to unused land and land uncultivated for four to ten consecutive years, the compensation is twice the annual output value of dry land; (V) Compensation for fish pond is 3 times its average annual output value in the 3 years prior to the land acquisition. (VI) Compensation for garden, grassland and reed land is 6 times the local average annual output value; (VII) For forest land requisition, compensation conforms to state standards. Article 28: Resettlement subsidy is paid according to the following standards: (I) For arable land, resettlement subsidy is 4 to 6 times the average annual output value in the 3 year prior to the acquisition. The measurement of average annual output value complies with Subparagraph 1 of Paragraph 1 in Article 27. (II) For yard and fish pond, the subsidy is 3 times the average annual output value in the 3 year prior to the acquisition. (III) For construction land (such as homestead and factory building), barren hills, wasteland, grassland, reed land, unused land, land uncultivated for 4 to 10 consecutive years, and land cultivated for less than 3 (IV) For forest land resettlement, the subsidy conforms to state standards. 61 Resettlement Plan for Harbin-Jiamusi Railway Article 29: Compensation should be paid for young crops on the expropriated land. It is equal to the seasonal output value of the crop. Compensation should be paid for ground attachments like buildings and other fixtures on the expropriated land. The compensation is in accordance with the standards either regulated by state and provincial authorities or agreed by both sides of the contract. If there is neither regulated nor agreed standard, the city and county governments will estimate the loss according to reality. Crops, trees, buildings and other facilities planted or constructed on the requisitioned land by any individual or collective during the period between notification and land acquisition will not be compensated. Article 30: Construction projects approved to have the lawful right to use state-owned agricultural land shall refer to standards of land acquisition and compensation and pay the compensation, resettlement subsidies. For construction projects approved to have the lawful right to use the land of other units or individuals, the construction unit shall refer to the basic prices of urban land and compensates the land use right holders appropriately. Construction projects approved by the law to use the unused state-owned land do not need to pay the compensation as well as resettlement subsidies. For villages that need to use collective land to set up public facilities, utilities and other public services, the land use right holders shall get resettlement subsidies, and holders that meet relevant prescription shall be employed in village enterprises, or the problem shall be solved by adjusting the land appropriately. 96. Implementation Procedures of Comprehensive Land Price of District for Land Requisition of Heilongjiang Province Article 2: The Procedures are applicable to the compensation and resettlement for the requisition of rural collectively owned land within the administrative territory of Heilongjiang Province. Article 3: The compensation standards for land requisition within the administrative territory of Heilongjiang Province shall respect the comprehensive land price of the requisitioned district of the administrative district where the land is requisitioned. The comprehensive land price of the district indicated in the Procedures consists of the compensation standards used directly for the land requisition which are calculated on the basis of districts divided according to the various factors such as land category, output, position of land, grade of rural land, local farmland quantity per capita, land supply and demand relationship, economic development level and the minimum living standard allowance, etc. The compensation standards for attachments over ground and young crops are not included. In principle, the requisitioned districts are divided into the basic unit of administrative village and the boundary of the district shall be in accordance with the administrative border of the village. Article 7: Of the compensation for land requisition determined according to the comprehensive land price of the requisitioned district, after paying the social security fees by collective economic organizations and individuals, 70% shall be used for resettling the allowance for the requisitioned farmers, 30% shall be used for constructing infrastructure and public utilities, establishing village-run enterprises and paying the living allowances of the requisitioned farmers by the collective economic organization who holds the collective land ownership. If the compensation is not enough for paying the social security fees of the requisitioned farmers, the local government shall make the overall arrangement of the revenue from remise of the use right of state-owned land to ensure that the problems of the farmers such as employment, housing and social security could be solved properly. The requisitioned farmers mentioned in the 62 Resettlement Plan for Harbin-Jiamusi Railway Procedures consist of the agricultural population who has the right to contracted management of the rural collective land which is requisitioned. Article 9: If there are young crops or attachments over the requisitioned land, the owner of the young crops and attachments over ground shall be compensated. The compensations for young crops shall be determined by city (prefecture) governments according to the local agricultural production level and agricultural product price and report to the provincial government for approval. The attachments over ground shall be compensated by housing resettlement as per the demolition procedures defined by the local government, or as per the detailed stipulations of the city (prefecture) governments. Article 10: For the temporary use of the farmers’ collectively owned land or state-owned land for construction projects and geological exploration for one year, the owner of the land shall be compensated by 10% of the comprehensive land price of the requisitioned district, and compensated by 20% for two years. Article 13: The public security department shall timely register the urban household to the requisitioned farmers who need to transform the agricultural household to urban household. Article 14: The civil affairs department shall improve the minimum living standard security system, timely including the requisitioned farmers compliant with the urban and rural minimum living standard security conditions into the social security scope. Article 15: The labor security department shall timely handle the endowment insurance formalities for the requisitioned farmers in the list of social security insurants provided by the collective economic organization. A unified urban and rural employment service system shall be established to extend the employment and re-employment preferential policy and the employment assistance policy to the requisitioned farmers. For the adjustment of administrative districts or other causes, some villages actually have not reached the class standard of the town it belongs to. In such a case, it shall make a statement for the reported land acquisition standard and implement that only upon the approval of the provincial government. Article 18: The financial departments shall distribute the land requisition compensation, the compensation for the attachments over ground and young crops to the accounts of social security, individuals and rural collective economic organizations. For the compensation to be paid to the farmers, the collective economic organization shall provide the name list and the compensation and resettlement shall be registered. The compensation shall be paid to the requisitioned farmers by means of the registered bank card or common deposit book to reduce the intermediate steps, to prevent interception and unauthorized diversion and to actually guarantee the legal rights of the requisitioned farmers. Article 20: All levels of governments shall actively create the conditions, providing free training of professional skills to the requisitioned farmers according to their needs and help the employment of the requisitioned farmers by the land users. The land users shall try their best to create certain positions for the requisitioned farmers and the first term of labor contract shall be not less than 3 years. Article 26: All city (prefecture) and county governments shall establish and improve the land requisition organization, improve the management and the land requisition working system, build an incorruptible and industrious working team for land requisition and complete the compensation and resettlement of the requisitioned farmers. 97. The policies for endowment insurance of land-losing farmers in Harbin urban area, Acheng, Bin County, Fangzheng County and Yilan County where the line passes are all implemented based on the Tentative Procedures of Harbin Municipality for Endowment Insurance and Employment Service of Farmers Requisitioned of Their Lands. 63 Resettlement Plan for Harbin-Jiamusi Railway Article 2: The Procedures are applicable to the endowment insurance and employment service of the requisitioned farmers within the urban districts of Harbin. Article 4: At the moment of land requisition, the requisitioned farmers whose household has not been transformed to non-agricultural household (hereinafter referred to as agricultural requisitioned farmers) shall participate in the endowment insurance for agricultural requisitioned farmers as per the Procedures; those whose household has been transformed to non-agricultural household (hereinafter referred to as non-agricultural requisitioned farmers) shall be included into the scope of urban basic endowment insurance. The requisitioned farmers are included into the unified urban employment service system. Article 7: The agricultural requisitioned farmers participating in the endowment insurance are divided into two categories based on their ages: (I) Males reaching 16 years and younger than 60 years and females reaching 16 years and younger than 55 years are agricultural requisitioned insurants. (II) Males reaching 60 years and females reaching 55 years are agricultural requisitioned pensioners. The above-mentioned ages are calculated from the date of the legal approval of the land requisition. Article 10: The endowment insurance funds for agricultural requisitioned farmers are raised through the following channels: (I) Land compensation and resettlement allowance from the requisition of land; (II) Subsidy for the agricultural requisitioned insurants and pensioners provided by the village collectives; (III) Subsidy for the agricultural requisitioned insurants and pensioners assigned by the government from the land remise revenues; (IV) Other funds. Article 8: For those whose lands are requisitioned after the implementation of the Procedures, the individual payment and the subsidy from village collectives represent respectively 40% of the total endowment insurance premium, while the government subsidy represents 20%, in which, city government and district government assume 10% respectively (If the land remise revenues are not reserved to the requisitioned district at the stipulated proportion, the city government shall assume all the 20%). Article 17: The agricultural requisitioned farmers can chose from the following endowment insurance premium standards: (I) On the basis of the urban residents’ monthly minimum living standard security of Harbin at the moment of land requisition, at a proportion of 110%, pay the premium of 10 years at one time; (II) On the basis of the urban residents’ monthly minimum living standard security of Harbin at the moment of land requisition, at a proportion of 130%, pay the premium of 10 years at one time; The endowment insurance premium standards for agricultural requisitioned farmers shall timely adjusted by the city labor security administration according to the evolution of the urban residents’ monthly minimum living security standard. Article 19: The agricultural requisitioned insurants who have duly paid the endowment insurance premium in full value can draw the pension from the second month of reaching the specified age (male 60 64 Resettlement Plan for Harbin-Jiamusi Railway years old, female 55 years old).The agricultural requisitioned pensioners who have duly paid the endowment insurance premium in full value can draw the pension from the second month of paying premium. Article 34: The non-agricultural requisitioned farmers unemployed in legal working age can make application for unemployment registration with the labor security institution of the community. After the examination of the labor security institution of the sub-district or the town and reviewed by the labor security administration of the district, a Harbin Employment (Unemployment) Register Card will be issued to them, with which they can enjoy the employment assistance policies such as guaranteed small loan, professional training allowance and free job proposals. 98. Regulations on Endowment Insurance for Land Requisitioned Farmers in Jiamusi Article 3: The requisitioned farmers indicated in the Procedures consist of the population not younger than 16 years old with agricultural household residing in the urban districts of Harbin during the land requisition, owning the right of contractual land management and whose land is, in whole or in major part, legally approved to be requisitioned. Article 6: The agricultural requisitioned farmers participating in the endowment insurance are divided into two categories based on their ages: (I) Males reaching 16 years and younger than 60 years and females reaching 16 years and younger than 55 years are agricultural requisitioned insurants. (II) Males reaching 60 years and females reaching 55 years are agricultural requisitioned pensioners. The above-mentioned ages are calculated from the date of the legal approval of the land requisition. Article 7: The endowment insurance funds for agricultural requisitioned farmers are raised through the following channels: (I) Land compensation and resettlement allowance from the requisition of land; (II) Subsidy for the agricultural requisitioned insurants and pensioners provided by the village collectives; (III) Subsidy for the agricultural requisitioned insurants and pensioners assigned by the government from the land remise revenues; Article 8: The endowment insurance shall be paid with a proportion of 1/3 separately and equally by requisitioned farmers, villages and governments. Article 17: The agricultural requisitioned farmers shall follow the urban residents’ monthly minimum living standard security of Harbin at the moment of land requisition, at a proportion of 130%, pay the premium of 10 years at one time. The endowment insurance premium standards for agricultural requisitioned farmers shall timely adjusted by the municipal labor security administration according to the evolution of the urban residents’ monthly minimum living security standard. Article 19: The agricultural requisitioned insurants who have duly paid the endowment insurance premium in full value can draw the pension from the second month of reaching the specified age (male 60 years old, female 55 years old). The agricultural requisitioned pensioners who have duly paid the endowment insurance premium in full value can draw the pension from the second month of paying premium. 65 Resettlement Plan for Harbin-Jiamusi Railway 99. The Regulations on Acquisition and Compensation of Houses on State-owned Land implemented in 2011 mainly specifies as below: � Article 10: The house acquisition department shall work out a compensation plan and submit that to city and county governments. The governments at city and county level shall organize relevant departments to demonstrate the compensation plan and publish the plan to collect public opinions for at least 30 days. � Article 11: The governments at city and county level shall make public all collected opinions and the modification based on them. � Article 12: The governments at city and county level shall make a social stability risk evaluation according to local regulations before making a decision of house acquisition. If many people are involved with the house acquisition, the decision shall be discussed and made at government executive meetings. ■ Article 13: The governments at city and county level should in time announce the decision of house acquisition. The announcement should specify contents like acquisition compensation plan, administrative review and administrative litigation rights. ■ The Article 14: If people involved with house acquisition refuse to obey the decision made by governments at city and county levels, they can apply for administrative review according to law, and also make an appeal for administrative litigation. � Article 18: For acquisition of individual houses, the governments at city and county levels shall take precedence to provide housing guarantee for those who are eligible for that condition. Detailed measures shall be established by province, autonomous region or municipality. � Article 19: The compensation for houses involved with acquisition shall not be lower than the market price for similar real estates on the day when a decision is made for house acquisition. The value of involved houses shall be evaluated and determined by a qualified real estate price assessment organization according to house acquisition assessment measures. In case of any objection to the price of such a house, assessment reexamination can be applied for to the real estate price assessment organization. In case of further objection to the reexamination result, appraisal can be applied for to the real estate price assessment experts committee. � Article 20: The real estate price assessment organization is selected by people involved with house acquisition through negotiation. If no agreement is reached through negotiation, it shall be determined by the majority or by random selection. Details shall be formulated by province, autonomous region or municipality. � Article 21: House-losing people can select monetary compensation or exchange house property right. For monetary compensation, the governments at city and county levels shall provide houses for exchanging house property right and calculate and settle the difference between the price of house concerned and that of the other for exchanging property right. � Article 22: If relocation is required for house acquisition, the house acquisition department shall pay relocation compensation to house-losing people. For exchanging property right, the house acquisition department shall pay temporary settlement fees or provide temporary house before the realization of property right exchange. � Article 27: House acquisition should follow the principle: compensation first and then relocation. 100. Within the above-mentioned framework of laws, regulations and policies, the China Railway Corporation and Heilongjiang Province will sign a summary to discuss the basic principles and measures for land acquisition, demolition, resettlement and compensation which should be then implemented by local governments. 66 Resettlement Plan for Harbin-Jiamusi Railway 4.3 Resettlement Policies 4.3.1 Land Acquisition Policies 4.3.1.1 Permanent Land Acquisition 101. The compensation for land acquisition is mainly based on the comprehensive prices for land acquisition in all areas. Specific compensation for each village is described in Chapter 5. If there are young crops or attachments on the land involved with acquisition, the owner of young crops or attachments should be compensated. The compensation for young crops should be determined at 4% of the comprehensive price for land acquisition. The land acquisition compensation that is determined according to the comprehensive price for land acquisition should firstly deduct the social insurance fee that should be paid by collective economic organization and individuals. The rest part should be distributed as follow: 70% is used as subsidy for land-losing farmers and the remaining 30% is used by the collective economic organization, which holds the use right of collective land, to arrange infrastructure and public utility construction, village-run enterprises and living subsidy for land-losing farmers. 102. For farmers who are affected by land acquisition, their production and living will be restored mainly through the following resettlement ways: firstly, the reserved land within a village or town can be distributed to land-losing farmers; secondly, non-agricultural resettlement, namely people who are not qualified for land adjustment, such as those living near the stations, can choose monetary compensation and receive employment and skill training to be engaged in secondary and tertiary industries. Thirdly, social security. All eligible resettlers, no matter agricultural or non-agricultural, should have the right to enjoy social security. 4.3.1.2 Temporary Land Occupation 103. If agricultural collectively-owned land or state-owned land is temporarily needed during the construction, 10% of the comprehensive price for land acquisition should be paid as compensation for 1-year usage period, and 20% for 2-year usage period. If land is destroyed by temporary occupancy and demands for clearing away deposits and realizing land reclamation, 5.4 yuan/m2 will be paid as land reclamation fee. 4.3.2. House Demolition Policies 4.3.2.1 Policies for Rural House Demolition 104. Affected rural households are relatively scattered. Farmers usually adopt nearby resettlement. Based on the local situation, barren slope areas near roads and concentrated settlements within the village will be utilized to rebuild houses in a decentralized way to avoid the occupancy of arable land to the greatest extent, namely affected people should be compensated for resettlement cost according to law. 105. The land for building new houses should be distributed by the village for free. These households concerned have no need to buy the land for new houses. The land for a new house should have an area equal to the original. The cost of homestead should be separately calculated and paid to the village assembly. 106. The reconstruction of new houses is completed by farmers themselves. They can utilize original housing materials. The expense of original housing materials will not be deducted from the compensation. The compensation should be directly paid to farmers by the resettlement department of county government before relocation. In principle, new houses should be built first and then original houses can be demolished. If demolition is carried out first and reconstruction then, farmers should be supplied with 67 Resettlement Plan for Harbin-Jiamusi Railway subsidy for relocation to rent houses during such a period before new houses are completed. Even they live in the spare houses of relatives or friends, such subsidy should also be paid. 107. The subsidy for relocation should be directly paid to resettlers by the resettlement administration organization at once, at a standard of 5-10 yuan/m2 each month (paid for 6 monthly). This compensation standard can guarantee that land-losing farmers safely spend the transitional period. The compensation for relocation transportation is calculated at 200-300 yuan/household. 4.3.2.2 Policies for Urban House Demolition 108. The houses for demolition should be evaluated by a qualified real estate price assessment organization according to house acquisition evaluation measures. House-losing people can select monetary compensation or property right exchange. 109. If they choose monetary compensation, they will be compensated according to the assessment price. The compensation can be much enough to buy a new house with the same area in the same section. Besides, they will also get relocation fee and transition fee. 110. If they choose to exchange property right, the governments at city and county levels should provide houses for property right exchange and calculate and settle the difference between the price of house concerned and that of the other for exchanging property right. Compensation should be paid first and then relocation carried out. 4.3.2.3 Policies for Enterprise Demolition 111. Enterprises to be demolished are evaluated by an independent specialized assessment organization according to market price to determine the compensation fee. The compensation for an affected enterprise is calculated according to the reconstruction cost of it architectures, equipment and their attachments. The compensation should contain (enterprise and equipment) relocation expense and income loss for shutdown or output reduction. Affected employees will get salary compensation for the shutdown/transition period and will have priority to be reemployed after the enterprise is relocated. 112. Those factories and mines, which are partially influenced but whose production and production are not affected, will get monetary compensation. For those enterprise to be totally demolished, the governments at all levels will help them re-build and restore production, guide and help them to re-select a new business location, actively assist them with industrial transfer or upgrading and production optimization, encourage qualified enterprises to rebuild in industrial parks, guarantee the rebuilding and production and operation restoration of affected organizations and provide and improve working opportunities for affected employees. For those which do not plan to rebuild, the resettlement department and the enterprises should give a public notice to the staff on the resettlement method 6 months in advance, so as to facilitate them find new jobs, and should also provide free training and recommend new jobs meanwhile. 4.3.3 Policies for Appendages and Infrastructure Compensation 113. Appendages should be compensated and replaced with house resettlement according to the demolition measures for cities, towns and villages that are determined by the local people’s government, or handled by specific regulation to be formulated by city (prefecture) people’s government. 114. Infrastructure affected by the project will be recovered mainly by the following 3 methods: (1) The railway construction unit directly restores the infrastructures such as rural roads and farm-oriented channels during the construction; 68 Resettlement Plan for Harbin-Jiamusi Railway (2) The railway side invites a professional team to relocate the infrastructures such as communication facility and power facility and bears relevant expense; (3) The railway side pays compensation to affected parties for their self-reconstruction of some public infrastructures like drink water tower. 69 Resettlement Plan for Harbin-Jiamusi Railway Chapter 5 Compensation Standards and Budget 5.1 Compensation Standards 5.1.1 Compensation Standards for Land Acquisition 5.1.1.1 Compensation Standards for Permanent Land Acquisition 115. Land acquisition in Heilongjiang Province should conform to Notice of Heilongjiang Provincial People’s Government on Printing and Distributing Implementation Measures for the Comprehensive Price for Land Acquisition in the Province and Approval of Heilongjiang Provincial People’s Government on Adjusting the Comprehensive Price for Land Acquisition (HZH [2010]140) 116. Notice of Heilongjiang Provincial People’s Government on Printing and Distributing Implementation Measures for the Comprehensive Price for Land Acquisition in the Province (HZF [2011]51) 117. Announcement of Harbin People’s Government on Implementing Comprehensive Price for Land Acquisition in Harbin (HZFFZ [2011]3) 118. Notice of Jiamusi People’s Government on Adjusting Comprehensive Price for Land Acquisition (JZZ [2011]2) 119. The compensation fee determined according to the comprehensive price for land acquisition, after the compensated’s social security fee being deducted, will have 70% to the resettled farmers and 30% to the collective economic organizations which the collective land belongs to. The collectively owned compensation fee will be used to install public facilities, establish village enterprises and subsidize the resettled farmers. As described in section 6.3, the compensation and livelihood restoration measures allow affected people livelihood to be restored, in line with the requirements of the World Bank OP 4.12. 120. Compensation for land acquisition, or land compensation fee, is calculated on the basis of the approved land prices and relevant land areas. 121. Compensation should be paid for young crops or other attachments. 122. Young crops should be compensated at 4% of overall land acquisition price. 123. Ground attachments should be compensated in accordance with the standards of the local governments, or the regulations of the municipal (prefecture) government (administrative office). 124. Arable land acquisition is taxed (Note: government levied tax) in accordance with the HZF (2008) the 88th document, that is, "People's Government of Heilongjiang Province: on Arable Land Acquisition Taxation in Heilongjiang Province". The arable land occupation of railway lines, road lines, airport runways, parking aprons, ports, waterways is taxed at 2 yuan/m2. But, the occupied lands of some approved railways are free from taxation according to the document. They are: roadbed, bridges, culverts, and tunnels of the approved railways, as well as the reserved land at both sides. The land occupation of other railways is not tax-free and will be taxed according to the local taxation standards. 125. The land management fee is charged according to the JFZ [1992] the 597th document, that is, "the State Price Bureau, the Ministry of Finance: on Land Management Fee and its Charging Standards". The land management fee is charged according to the following standard: the management fee is less than 3% 70 Resettlement Plan for Harbin-Jiamusi Railway if over 1,000 mu of arable land or over 2,000 mu of other land is expropriated at a time; the management fee is less than 4% if less than 1,000 mu of arable land or less than 2,000 mu of other land is expropriated at a time. 126. The arable land reclamation fee is charged according to the HTZF [2001] the 111th document, namely, the “Heilongjiang Provincial Department of Land and Resources, Provincial Department of Finance: on the Charge and Use of Land Reclamation Fee in Heilongjiang Province�. Based on field investigation, the current land reclamation fee in Heilongjiang Province is 2.51288 yuan/m2. Overall block price and young crop compensation fees shall be paid to peasants. While the arable land reclamation and management fees as well as arable land occupation fees are levied by the governments. 127. The forest land compensation fee should be determined according to the comprehensive price for land acquisition in Harbin. That for Gaoleng Forest Farm in Fangzheng County, Harbin is 28,167 yuan/mu (excluding compensation for trees on ground). 71 Resettlement Plan for Harbin-Jiamusi Railway Table 5-1 Calculation of Compensation Standards for Land Acquisition District Farmlan Administra Comprehens Compensation d Farmland Village// Price Managem No tive Block ive District for Young Reclama Occupanc Total Item ent Fee . Level Price Crops tion Fee y Tax (yuan/mu) Town (yuan/m (yuan/mu) (yuan/mu Division (yuan/mu) (yuan/m (yuan/mu) 2) u Daowai Sankeshu District Street Harbin Xinchu 1 Dist., 350 233450 9338 8591 10055 1334 262768 Hub n1 Xiangfang Chenggao District zi Town Tuanjie Beigang 91 60667 2427 8591 2867 1334 75886 2 Village Tuanjie Qianwuke 68 45333 1813 8591 2230 1334 59301 5 shu Gaoyuhua Daowai n village, District Tuanjie Tongjiadi 52 34667 1387 8591 1786 1334 47764 6 an, Xiangyan g village Minzhu Minzhu 48 32000 1280 8591 1675 1334 44880 village village Yongyu Yongyuan an 40 26667 1067 8591 1453 1334 39111 Town Town Acheng II Aiketu 40 26680 1067 8591 1454 1334 39126 District district Town Binxi III Town, 27 18009 720 8591 1093 1334 29747 district Juren Harbin Town 2 Section Binzhou Town, Jingjian Bin County Town, Shengli IV Town, 24 16000 640 8591 1009 1334 27574 district Ningyuan Town, Sanbao village, etc. Huifa Town, II Songnan 38 25346 1014 8591 1398 1334 37683 district Village, Yihanton Fangzheng g Village County Fangzhen I district 49 32683 1307 8591 1703 1334 45619 g Town Fangzhen Ⅲ g Forest 25 16675 667 8591 1037 1334 28304 district Bureau, 72 Resettlement Plan for Harbin-Jiamusi Railway Tianmen Village, Daluomi Town Dalianhe Town, Tuanxian Ⅱ gzi 35 23345 934 8591 1315 1334 35519 district village, Xingfu village Yilan Tuanxian County gzi village (not include Ⅲ Xingfu 30 20010 800 8591 1176 1334 31911 district village), Hongkeli Town, Mogong village Dalai Dalai Town, 42 28014 1121 8591 1509 1334 40569 Town Sifeng village Jiamus Towns of 3 i Changqin Jiamusi Aoqi Section gxiang 42 28014 1121 8591 1509 1334 40569 Town Town Xigemu Xigemu 60 40020 1601 8591 2008 1334 53554 Town Town Chang’an subdistrict Towns of Heping office, 251 167417 6697 8591 7305 1334 191347 Jiamusi Village Zhanqian Jiamus subdistrict 4 i Hub office Jiadong Towns of Mofan subdistrict 176 117392 4696 8591 5225 1334 137240 Jiamusi Village office Data source: field investigation and documents 73 Resettlement Plan for Harbin-Jiamusi Railway 5.1.1.2 Compensation Standards for Temporary Land Acquisition 128. In the construction process, some land will be temporarily borrowed and used as roads, construction material piling grounds, sheds’ sites, and construction sites. In the large-scale infrastructure projects, land borrowing period is generally 4-5 years. Land owners or users (collective or individual) will be compensated. If the borrowed land is arable, then compensation will be paid yearly according to the annual agricultural output. If the land is barren, compensation will be paid at one time to the village collective. Upon completion of the project, the land will be restored and returned the owner. If not, equivalent compensation should be paid. According to HZF [2011] the 51st document, if the land is borrowed for 1 year, then the borrowing fee is equal to 10% of the overall land acquisition fee; if the land is borrowed for 2 years, 20 % of the overall land acquisition fee should be paid. According to HT [1991] the 81st document “Standards of Land Reclamation Fee in Heilongjiang Province�, land used by the construction units should be restored and reclaimed. The land reclamation fee is 5.4 yuan/m2. Details are in Table 5-2. Table 5-2 Calculation of Compensation Standards for Temporary Land Acquisition Reclamation Land Land Administrative Borrowed Borrowed No. Item Block Village fee (yuan/ Division for 1 Year for 2 years (yuan/mu) (yuan/mu) mu) Daowai Harbin District Sankeshu Street Xinchun 1 subdistrict, Chenggaozi 23345 46690 3602 1 Hub Xiangfang Town District Tuanjie 2 Beigang Village 6070 12133 3602 Tuanjie 5 Qianwukeshu 4533 9067 3602 Daowai Gaoyuhuan Town, District Tuanjie 6 Tongjiadian, Xiangyang 3467 6933 3602 village Minzhu Minzhu village 3200 6400 3602 village Yongyuan Yongyuan Town 2667 5334 3602 Town Acheng Harbin II district Feiketu Town 2668 5336 3602 2 District Section III district Binxi Town, Juren Town 1801 3602 3602 Binzhou Town, Jingjian Bin County Town, Shengli Town, IV district 1600 3200 3602 Ningyuan Town, Sanbao village, etc. Huifa Town, Songnan II district village, Yihantong 2535 5069 3602 Fangzheng village County I district Fangzheng Town 3268 6537 3602 III district Fangzheng forest Bureau, 1668 3335 3602 74 Resettlement Plan for Harbin-Jiamusi Railway Tianmen village, Daluomi Town Dalianhe Town, Ⅱ Tuanshanzi village, 2335 4669 3602 district Xingfu village Yilan County Tuanshanzi village (not Ⅲ include Xingfu village), 2001 4002 3602 district Hongkeli village, Mogong village Dalai Dalai Town, Sifeng 2801 5603 3602 Town village Jiamusi Towns of Aoqi 3 Changqing village 2801 5603 3602 Section Jiamusi Town Xigemu Xigemu Town 4002 8004 3602 Town Chang’an subdistrict Towns of Heping office, zhanqian 16742 33483 3602 Jiamusi Jiamusi Village subdistrict office 4 Hub Towns of Mofan Jiadong subdistrict office 11739 23478 3602 Jiamusi Village 5.1.1.3 Compensation for Young Crops 129. Compensation fee for young crops should be 4% of the overall land acquisition compensation. Details are in Table 5-3. Table 5-3 List of Compensation Standards for Young Crops Young crops Administrative Compensation No. Project Block Village Division (yuan/ mu) Daowai District Harbin Sankeshu street District, Chenggaozi 1 Xinchun 1 9338 Hub Town Xiangfang District Tuanjie 2 Beigang Village 2427 Tuanjie 5 Qianwukeshu 1813 Daowai Gaoyuhuan Town, Tongjiadian, District Tuanjie 6 1387 Xiangyang village Harbin Section Minzhu 2 Minzhu Village 1280 village Yongyuan Yongyuan Town 1067 Town Acheng II district Feiketu Town 1067 75 Resettlement Plan for Harbin-Jiamusi Railway District III district Binxi Town, Juren Town 720 Bin County Binzhou Town, Jingjian Village, Shengli IV District Town, Ningyuan Town, Sanbao Village, 640 etc. Huifa Town, Songnan Village, Yihantong II district 1014 Village Fangzheng I district Fangzheng Town 1307 County Fangzheng Forest Bureau, Tianmen Ⅲ district 667 Village, Daluomi Town Dalianhe Town, Tuanshanzi village, Ⅱ district 934 Xingfu Village Yilan County Tuanshanzi village (not include Xingfu Ⅲ district village), Hongkeli Village, Mogong 800 Village Dalai Town Dalai Town, Sifeng Village 1121 Jiamusi Towns of Aoqi Town Aoqi Town 1121 3 Section Jiamusi Xigemu Xigemu Town 1601 Township Towns of Heping Chang’an subdistrict office, Zhanqian 6697 Jiamusi Jiamusi Village subdistrict office 4 Hub Towns of Mofan Village Jiadong subdistrict office 4696 Jiamusi Data source: field investigation and documents 5.1.2 Compensation Standards for House Demolition and Ground Attachments 5.1.2.1 Compensation Standards for House Demolition 130. Compensation for buildings and their appurtenances will be paid directly to the affected asset owners in accordance with current land management law and house demolition policies. Compensation subsidy will be used as the settlement allowance for house demolition. Ways of house demolition compensation may include monetary resolution or transfer of residential property rights as defined in Directive 155 of Harbin People’s Government. 131. In terms of monetary compensation, payment is determined by the evaluation of real estate market based on location, usage, constuction area, depreciation and other factors of the demolished house. However, if the parties agree otherwise in the contract, such provision prevails. 132. In terms of compensation in the form of transfer of property rights, any difference between the value of the demolished house hereof determined in monetary compensation and the value of the transferred house that shall be determined by the evaluation of real estate market based on location, usage, construction area, depreciation and other factors shall be settled. However, if the parties agree otherwise in the contract, such provision prevails. The evaluation of houses to be demolished or transferred shall be conducted by a demolition evaluation agency of qualification on real estate appraisal. For those demolished houses which require additional evaluation, it shall be conducted according to relevant regulations. House to be demolished or transferred in the same demolition project shall be appraised by the same evaluation agency. Since it is impossible to conduct on-site evaluation on the house to be 76 Resettlement Plan for Harbin-Jiamusi Railway demolished in design phase, compensation shall be assessed on the basis of already compensated project nearby or as in pertinent governmental house demolition compensation and subsidy provisions. 133. The unit price of demolished houses shall be included through field investigation after analysis and calculation of reconstruction cost (shown in Annex 13). Extensive discussion has been made with the local farmers and governmental staff in charge of resettlement arrangement in terms of the reconstruction cost of houses and attachments, and the following compensation standards can meet the reconstruction cost. Compensation Standards for Urban House Demolition 134. The compensation for urban houses to be demolished should be determined by a qualified real estate price assessment organization according to the house acquisition evaluation measures. According to the data on housing price for residential quarter around the demolished houses, the house price determined thereby is a reconstruction cost, namely a price much enough to buy a house with the same area in same section. House-loosing people can choose monetary compensation or property right exchange. The compensation standard in Table 5-4 is only for reference. The price will be adjusted according to the actual reconstruction cost determined at demolition assessment. Table 5-4 Compensation Standards for Urban House Demolition Compensation Standards for Urban House Demolition No. Region (unit: yuan/ m2) 1 Harbin 4006 2 Bin County 1475 3 Fangzheng County 920 4 Yilan County 1000 5 Jiamusi 3338 Subsidy for urban house demolition: (1) House relocation subsidy  15 yuan/m2 (subject to the area specified on the certificate of house property) Relocation resettlement:  Telephone relocation fee: 66 yuan  Cable television relocation fee: 50 yuan  Civil electricity meter relocation fee: 500 yuan; internet relocation fee: 40 yuan (2) Internal decoration subsidy  This compensation should be discussed and determined by demolition unit and the owner of the house to be demolished. In case of no agreement, an assessment organization can be authorized to determine the compensation amount according to FLF[2009]01 document. (3) Subsidy for exceptionally poor families 77 Resettlement Plan for Harbin-Jiamusi Railway  The house owner with exceptionally poor conditions can get 4,000 yuan/household by the Certificate of Minimum Living Guarantee for Urban Residents and the household register.  The house owner who is disabled, loses labor capacity and has no financial resources (above level 1 and 2 disabled) can get 8,000 yuan/household by his Disability Certificate. (4) Minimum conservation price for house demolition  If the total compensation fee including house demolition compensation and subsidy is less than 30,000 yuan, it will be paid at 30,000 yuan. (5) Incentive standard 135. If signing a compensation agreement and carrying out relocation within 15 days since the notice is issued, each residential household will be paid award of 5,000 yuan and each non-residential household 8,000 yuan. Compensation Standards for Rural House Demolition 136. The compensation standard for rural house demolition refers to its reconstruction cost. That is determined through reconstruction cost investigation for rural houses to be demolished and negotiation with local rural residents. See Table 5-5. This compensation standard is much enough to rebuild a house in the affected rural area, as per estimated replacement cost estimated in appendix 13 of the RAP. Besides, the relocation subsidy at the rate of 5-10 yuan/m2 for each month (paid for 6 months) should be directly paid to resettlers by resettlement department at once. This subsidy can be much enough to ensure land-losing farmers spend the transition period safely. Resettlement transportation fee is confirmed at 200-300 yuan/household. Table 5-5 Compensation Standards for Rural House Demolition House Compensation (yuan/m2) Area Brick and Concrete Brick and Wood Soil and Wood Simple Harbin 980 777 690 552 Bin County 743 589 523 418 Fangzheng County 594 471 418 271 Yilan 668 530 470 376 Jiamusi 817 647 575 460 78 Resettlement Plan for Harbin-Jiamusi Railway 5.1.2.2 Compensation Standards for Enterprises and Public Institutions Demolition 137. The compensation for non-residential houses should be evaluated and determined by a qualified real estate price assessment organization according to house acquisition assessment measures. 138. The houses of enterprises to be demolished should be compensated according to the reconstruction cost determined by assessment. 139. Policies for enterprise stop-loss: a subsidy equal to average per capita salary should be paid. The number of employees should be decided according to the payment of endowment insurance that the enterprise pays to the labor insurance department based on its average taxable income in the previous year. For monetary compensation, the owner or tenant of the house to be demolished should be paid a subsidy for 6 months at once. 140. Enterprise relocation subsidy: relocation fee and dismantling fee for machines, materials, dynamic electricity and production water supply equipment and facilities should be calculated according to specified standards and the price for transportation, equipment disassembly and installation. The scrap value of equipment that cannot be restored should be calculated according to reconstruction cost. Relocation subsidy is 15 yuan/m2 (subject to the area specified on the certificate of house property). 141. House temporary relocation subsidy: it should be paid at the rate of 10 yuan/m2 for each month according to the construction area of the original house. For monetary compensation, the temporary relocation subsidy for 6 months should be paid at once. If property owner and user are not the same person, they will get half separately. For house property replacement, temporary relocation subsidy should be paid monthly during the transition period. It should be paid once each 6 months. If the transition period is longer than 18 months, the subsidy standard will be increased to 20 yuan/m2 according to the construction area of the original house and paid monthly. 142. The compensation standard in Table 5-6 is only for reference. It will be adjusted according to the actual reconstruction cost at demolition and also the negotiation result. Table 5-6 Compensation Standards for Enterprises and Public Institutions House Demolition Compensation Standard (yuan/m2) County/District Office Building Plant Other House Harbin 1763 1602 1282 Bin County 1298 944 944 Fangzheng County 810 736 589 Yilan 880 800 640 Jiamusi 1469 1335 1068 5.1.2.3 Compensation Standards for Appendages 143. For the compensation standards for ground appendages, refer to HAZBF[2008]33 “Notice on Printing and Distributing Standard on House Reconstruction cost in Acheng District, Standard on House Condition Assessment, and Compensation Standards for House Appendages in Acheng District�. Compensation for the 846 graves will be paid to the owners based on negotiations with each owner. A total budget of 860,000 Yuan has been allocated to that end. 79 Resettlement Plan for Harbin-Jiamusi Railway 5.1.2.4 Compensation Standards for Scattered Trees 144. Besides forests, the project will also have impact on scattered trees. The compensation for forests and trees are in accordance with the Approval of Heilongjiang Price Supervision and Administration Bureau and Heilongjiang Finance Department on Compensation Standards for Requisition, Occupancy and Temporary Use of Forest Land (HJL[2011]27). For details, see Table 5-7. Table 5-7 Compensation Standards for Ground Appendages No. Item Unit Unit Price (yuan) Remarks Whole-brick fence with thickness of 24 1 Brick wall fence M 120 cm or above and height over 1.8 (shed, foyer and Xiazi) wall thickness 2 Warehouse m2 70 37cm 3 Hog house and chicken house m2 30 Brick and wood structure 4 Vegetable cellar 800 Brick structure 5 Iron gate m2 200 6 Toilet set 200 Brick structure Brickwork with diameter over 1.2m 7 Soakaway pit set 600 and depth over 1.5m 8 Hand-pressed well set 500 9 Motor-pumped well set 1000 Within 2 inches Diameter over 300mm and depth below 10 Driven well set 35000 60m 11 Fruit tree 50 with fruit 12 Fruit tree 20 without fruit 13 Cherry tree 15 14 Tree 20 DBH 0-20cm (excluding 20) 50 DBH 20-40cm (excluding 30) 100 DBH over 60cm 15 Greenhouse m2 90 Brick and wood structure 16 Greenhouse m2 20 Steel-framed 17 Hand-pressed well set 1200 with a pump set 1500 Without a pump 5.1.3 Compensation Standards for Infrastructure and Special Facilities 145. The project will affect some infrastructures like roads and public works. Owners should demand the construction units to protect these infrastructures with temporary facilities or restore them upon completion if protection fails. The restoration costs will be included in the construction contract. Details are in Table 5-8. Table 5-8 Compensation Standards for Infrastructure and Special Facilities 80 Resettlement Plan for Harbin-Jiamusi Railway Price Number Project Unit Remark (yuan) Electricity or 1 10KV high-tension line diversion Km 150000 telecommunications line 2 35KV high-tension line diversion Km 800000 3 110KV double-track high-tension line diversion Km 1800000 4 220KV double-track high-tension line diversion Km 2100000 5 500KV high-tension line diversion Km 3000000 6 low-tension line diversion Km 50000 7 10KV cable diversion Km 180000 8 35KV cable diversion Km 1200000 9 Underground-electric-cable diversion Km 150000 10 Underground-optical-cable diversion Km 120000 11 Aerial communications electric-cable Km 80000 12 Aerial communications optical-cable Km 80000 Road or road 13 Mud-road diversion Km 100000 surface 14 Sand-stone road diversion Km 150000 15 Asphalt and concrete road diversion m2 200 16 Underground plastic water pipe φ0.1m diversion km 300000 17 heating pipeline φ0.15m diversion km 450000 18 Heating pipe (iron) φ50mm diversion km 270000 19 Oil pipelines φ0.377m diversion km 3510000 20 Gas pipeline diversion km 1460000 21 Sewage pipe diversion km 1000000 22 Tap-water pipe diversion km 300000 23 Irrigation water pipe diversion km 200000 5.2 Estimated Resettlement Compensation 146. Resettlement compensation includes the following: � Relocation compensation (including compensation for land requisition, compensation for young crops and scattered trees, compensation for housing and attachment, relocatees transition cost and the removal cost, rural contemporary settlements construction cost, relocation subsidies for vulnerable groups, removal cost for enterprises and institutions, compensation for enterprise losses, etc.); � Infrastructure restoration fee: included in the project cost instead of in the total migration cost. The cost for the “3 accesses and 1 leveling� (access to water, electricity and road; leveling ground) is included in 81 Resettlement Plan for Harbin-Jiamusi Railway the demolition compensation and is not accounted separately; � Temporary land acquisition compensation � Other fees ♦ Skill training fee The fee is mainly used for job-training for the severely affected villagers and for production skill training for the less severely affected villagers. This amount of the fee is estimated on the basis of training content, training period and the number of trainees. Apart from that, the local government will provide some free training including those on agricultural technology and non-agricultural technology so as to improve the production skills of affected villagers. ♦ Implementation and management fee The management fee is equal to 1% of the total fee of replacement compensation and temporary land acquisition compensation. It is mainly used for immigration authorities’ office construction, for the purchase of equipment, and for wages, business trips and other administrative tasks. ♦ Compilation and translation fee for the Resettlement Plan The compilation-translation fee is equal to 0.1% of the total fee of replacement compensation and temporary land acquisition compensation. ♦ Monitoring and evaluating fee for the resettlement The monitoring and evaluating fee is charged according to TJS [2007] the 117th document, “On the Design and Compilation of the Railway Foreign-Loan Project�. The fee is 300 yuan/year, based on the length of railway which is put into operation. It covers the monitoring and evaluating cost during the resettlement process. � Unforeseeable fee The unforeseeable fee is equal to 10% of the total fee of replacement compensation and temporary land acquisition compensation. It is used for resettlement agencies to deal with unforeseeable problems. 147. The estimated total compensatory investment for the land acquisition and resettlement is 2,489,962,000yuan, account for 7.35% of the total investment. The total compensatory investment includes: 2,171,036,000 yuan for resettlement compensation, accounting for 87.19%; temporary land acquisition compensation 65,286,000 yuan, accounting for 2.62%; other costs 30,008,000 yuan, accounting for 1.21%; contingency fee 223,632,000 yuan, accounting for 8.98%. Details are in Table 5-9 and Table 5-10. 82 Resettlement Plan for Harbin-Jiamusi Railway Table 5-9 Total Estimated Compensation for Land Acquisition and Resettlement Total Cost (ten Number Project Proportion（%） thousand) I Relocation 217099.4 87.19 1 Land acquisition 93777.4 37.66 2 Trees 16245.2 6.52 3 Housing Demolition 107076.8 43.01 II Contemporary land acquisition 6528.6 2.62 III Others 3000.7 1.21 1 Skill-training 500.0 0.20 2 Management 2236.3 0.90 3 Compilation and translation 223.6 0.09 4 Monitor and evaluation 40.8 0.02 IV Reserve fund 22362.8 8.98 Total 248991.6 100.00 Table 5-10 Estimated and Detailed Compensation for Resettlement Total Cost Number Project (ten thousand) I Relocation 217103.6 1 Land acquisition 93777.4 1.1 Permanent land acquisition 92917.5 1.2 Land occupation within the road 859.9 2 young corps and trees 16245.2 3 compensation for house demolition 107081.0 3.1 Demolished house: brick-wood 327.8 3.2 Demolished house: mud-wood 106.1 3.3 Demolished house: slum 316.3 3.4 Demolished house: brick-concrete 4026.0 3.5 Urban demolished house 45548.2 3.6 Demolished factory houses 27892.7 3.7 Demolished wall 226.0 3.8 Demolished well 16.6 3.9 demolished gate 0.2 3.10 Fish pond 1731.9 3.11 Greenhouse 685.5 83 Resettlement Plan for Harbin-Jiamusi Railway Total Cost Number Project (ten thousand) 3.12 grave 86.0 Machine discharge (newly-built machine discharge 10.0 3.13 facilities) 3.14 Railway protection fence 30.9 Table 5-10 Estimated and Detailed Compensation for Resettlement Total Cost Number Project (ten thousand) 3.15 Relocating passenger overpass 10.0 3.16 Relocating platform lamps 3.7 3.17 Relocating light bridge 0.4 3.18 Hardening road surface 22.9 3.19 Dismantling and altering communication signal tower 20.0 3.20 Moving transformer 60.0 3.21 Chiseling concrete hardening surface 209.7 3.22 Factories and mines 25750.0 II Temporary land use fee 6528.6 III Other fees 3000.8 3.1 Technical training fee 500.0 3.2 Implementation management fee 2236.3 3.3 RAP compilation and translation fee 223.6 3.4 Resettlement monitoring and evaluation fee 40.8 IV Budget reserve 22363.2 Total 248996.2 .6 84 Resettlement Plan for Harbin-Jiamusi Railway Chapter 6 Resettlement and Living Development 148. Implementation of the RAP of Harbin-Jiamusi Railway P Project will be undertaken by the respective local governments, with the support from and overall coordination of the China Railway Corporation, as well as technical support from the design institute. Based on extensive investigation on resettlement impacts, proper living and household development schemes in line with domestic regulations and the WB resettlement policy will be developed. 149. The Harbin-Jiamusi Railway is a double-track electric railway line extending as far as 343.344km. Residents in 5 urban resident groups, 108 villages, 4 sub-districts, 31 towns, and 7 districts in 3 counties of the 2 cities are affected by land acquisition. The total area of permanent land acquisition is 23,393.6 mu, of which 1,031.1 mu is existing railway land and 22,362.5 mu is newly acquired land, including 14,238.2 mu cultivated land (paddy fields 1,329.7 mu, dry 12,908.4 mu) which accounts for 60.86%% of the total land acquisition. All building demolition area along the main track reaches 382,442m2, including 58,468m2 of housing in the countryside (15.29% of the total demolition area), 197,070m2 of factory buildings (51.53%) and 126,904 m2 of housing in the urban area (33.18%). Altogether 14,342 people are affected, of whom 4,625 people are in the rural areas, namely, 1,062 households. Among those affected in the rural areas, 3,494 (namely, 844 households) are affected by the land acquisition; 1,318 (namely 275 households) are affected by the demolition, 187 (namely 57 households) are affected by both. The project will impact a total of 39 factories and mines, which occupy a demolition area of 197,070m2 and 4,550 people in them. And a total of 1,210 urban households, that is, 5,167 people, will also be resettled. Besides, due to noise and vibration, a total of 93,487 m2 demolition is involved for environmental protection, including 13,937 m2 rural house area (14.91%) and urban residential house 79,550m2 (85.09%). Environmental protection demolition total affects 4,314 people of 1,002 households, including 335 people of 77 households in rural area and 3,979 of 925 households in urban area. 6.1 General Principles 150. The general objective of this resettlement plan is to provide adequate living and household development measures in order to ensure their living standard will be restored to that at least as without project. 151. The overall principle of the project’s resettlement plan is to relocate the households in their original communities, promote land based resettlement and provide the affected farmers have stable income from agriculture, expand non farm industry to restore and improve their living standard and further maintain the sustainable development of the resettlement areas, through respecting local customs of production and life style and fully consulting with the affected people. The specific principles of the Resettlement Planning are as follows: The resettlement plan is implemented based on requisitioned and demolished material object indexes and compensation and subsidies of land acquisition and demolition. Resettlement is integrated with regional construction, development of resources, economic development and protection of environment. Based on their practical conditions, it provides tailored strategies to rehabilitate, develop the production and lives of the resettlers, and creates the necessary conditions for their self development. The layout of the plan is according to the principle of “beneficial to production, convenient living�. All construction structures, including residences that are to be demolished, are to be followed with the principle of "demolished, rebuild". In almost all cases, affected people will receive new residential plots 85 Resettlement Plan for Harbin-Jiamusi Railway within their own village or neighborhood committees. Demolition will not take place unless housing plans are confirmed. Local governments shall promote rural transformation and implement new rural construction by the advantage of resettlement. Led by village and town planning, rural infrastructure construction shall be facilitated. The principle is to reconstruct structures according to the scale and standards of the demolished ones. The integration of regional development, expansion, elevation of standards and future planning of needed investments are to be resolved by the local governments and relevant departments. During the process of rebuilding and relocating, farmers will be closely supported by their respective village committees, town governments (or government at the same level in case of a city) and County Railway Construction Support Offices. Give full and overall consideration to and correctly handling relations between the State, collectives and individuals. Adopt integration methods of compensation, subsidies and production support, and make full use of the advantages of the natural resources, to gradually enable resettlers to attain or surpass their original production and living standard. Households managed by women will have similar chances and rights to rebuild new houses as households managed by men. It is illegal to discriminate, deprive of rights and reduce the area of houses of households managed by women. In particular, make use of resources (funds and labors) to ensure the satisfaction of households managed by women so that they can have an appropriate new place of residence. For residential families which were identified as a pre-scope group that might be potentially impacted by the noise and vibration, these measures should be implemented only under the condition that the specialized acceptance organization entrusted by construction unit confirms that noise in tested sensitive points and vibration in trial operation periods exceed the standard. The compensation and resettlement scheme should be identical with that of neighboring main work within the project. Fees of acceptance inspection and other probable expenditures arising from control measures used for noise and vibration are all listed in construction costs. 6.2 Villagers Living Restoration 6.2.1 Village Collective Land Ownership 152. The Chinese Land Administration Law (first issued in 1986 and revised in 2004) has decreed that all farmland and village residential land owned by all village members collectively in the name of the village collective. Under this joint title, all village members are entitled to equally share the land resources in the village. The rural reform started in 1978 saw the introduction of the farmer household responsibility system for farming. This replaced the communist-type of organization for collective farming. Households once again became the individual unit of farming. All households are allocated farmland for cultivation under the household contract system. The allocation was carried out based on the household size, calculated on a per capita basis as registered in the village collective. Usually when possible, village keeps some land as collective reserve land to be leased out as village income. Equality and transparency are the fundamental principles to be adhered to in the allocation of land. The allocation approach and frequency varies greatly among the villages. At the same time, the on-farming infrastructure, such as wells, irrigation system and drainage system, remain collective asset. Under the village self-administration system, village assemblies representing all village members will decide on the land allocation (method and frequency) as a way to share collectively owned resources equitably. Township governments advise, monitor and provide technical control as well. Village administrative changes and economic activities are 86 Resettlement Plan for Harbin-Jiamusi Railway reported and filed for review (sometimes approval) with the technical sections of the township government. For example, village economic decisions, such as investment of land compensation funds into non-farm enterprises have to be filed with the township government for review of viability and approval. Similarly, any investment into the on-farm system (irrigation and drainage) would need to the review and approval of the irrigation departments. 153. According to Land Management Law of China, land compensation will be directly paid to the land-losing villages. As to the affected households who lose the use of their contracted lands, the village assemblies will discuss and develop a package of measures by way of sharing all the available resources in the village, including the available financial resources for the lost use of lands. Affected households will be compensated and supported during the restoration of production and living by village resource resetting and development measures. RAP will describe a string of production and living development measures which are concluded based on abundant experience and social-economic investigation and other planning activity feedback. Detailed village planning activities will be implemented upon approval in the effective process of project design and government internal examination. Compensation for young crops and architectures will be directly paid to affected people. 6.2.2 Village Self-governance 154. Organization Law for Village Committee acts as a legal basis for village organization and administrative governance. Some key articles are listed as below: Article 2: A village committee is a grassroots self-governance organization of a mass character to realize self-management, self-education and self-service of villagers and conduct democratic election, decision-making, management and supervision. Article 5: …As per laws and regulations, the village committee should manage the land and other properties that belong to collective of farmers in the village, educate villagers to properly utilize natural resources and protect and improve ecological environment. Article 18: The village committee should be responsible for and report to the village assembly. The village assembly should review the work report of the village committee every year and appraise the work of members of the committee; Article 19: For the following issues that relate to the interests of villagers, the village committee should ask for discussion and determination by the village assembly and then can make treatment: (1) The method of collection of township planning fund and the collection and use of village retention; (2) The number of people who enjoy subsidy for work delay and the subsidy standard; (3) The use of earning from village collective economy; (4) The fun raising plan for village-run school and village-built roads; (5) Approval of village collective economic project, contracting scheme and also construction contracting scheme of village public facilities; (6) Villager contract operation scheme; (7) Homestead application scheme; (8) Other issues that concern the interests of villagers and the villager council considers to be discussed 87 Resettlement Plan for Harbin-Jiamusi Railway and determined by the council. 155. The details for village development planning made according to the villager self-governance principle as specified by law is included in the comprehensive compensation and production and living restoration/development plan and is worked out based on common experience and the initial negotiation with villagers during the social-economic investigation. The specific resettlement plan at village level is determined under the organization and participation of villager council and village committee. A series of measures should benefit all villagers and enable all affected people to share resources fairly and restore production and living in one or several ways. The village committee is responsible for the implementation of these measures. Town and county governments (including resettlement office) will guide the planning process in view of technical guidance and supervision. 6.2.3 Approach to Villager’s Production and Living Planning 156. Project approval procedures specified by Chinese government: project feasibility study completion, government’s approval for feasibility study, initial design, construction drawing design, government’s approval and then commencement of project. Then specific land demarcation work can be carried out. The production and living development planning for affected farmers will be implemented under the current policy system of China. The plan contains the first-step general planning and the second-step detailed production and living planning as described in the RAP. There are two reasons: firstly, the phased design process for civil engineering, final scope of influence and also temporary land occupancy are all finalized on the basis of detailed project design. This RAP is prepared and worked out based on the project influence determined by feasibility study and the affected population investigation. All villages can start designing the village-level production and living resettlement plan only when the project influence (land and affected households) has been finalized and demarcation made on ground, and specific measurement conducted for land acquisition. All villages will convene villager conference and village committee meeting to discuss the influence of the project and formulate production and living resettlement measures. The plan can be implemented by the village committee upon the approval by town government. Secondly, local governments have procedures for specific land acquisition and demolition and resettlement plan, involving negotiation, hearing, villagers’ signing the compensation plan for approval, and final announcement. The procedures are based on the internal auditing and approval by the governments and are formally started upon the project approval. There are no detailed design document to support the formulation of detailed village-level production and living planning before the evaluation of World Bank. Thus all villages should start the planning activities only during the construction preparation period after the construction drawings of main work are completed. The deployment of resettlement after project starts conforms to the regulations in 4.12 of policies for resettlement of World Bank. 157. The first stage works out the general production and living development plan. This is developed on the basis of the resettlement experiences under the current policy system in China for dozens of years and practices formed thereby as well as the feedback and information from the initial socio-economic investigation in 28 households. Apart from that, it integrates the practice of local village collectives and the latest policy proposals on supporting land-losing farmers. The overall plan is specified as below. The second stage formulates detailed implementation plan within the scope of individual villages with the guidance of the overall resettlement plan. The specific plan is worked out based on the confirmation of final scope of land acquisition and demolition and the full information about resources available in villages, including surplus land and capital. This should be in harmony with the project engineering design process and the internal approval procedures of government departments. The planning process and mechanism of villages are also specified in this RAP. 6.2.4 Stage 1---General Production and Living Development Plan 158. This general production and living plan is developed on the basis of the broad implementation experiences under the Chinese economic and institutional system as well as initial consultations in the socioeconomic survey. China has gradually developed over the past few decades a resettlement approach 88 Resettlement Plan for Harbin-Jiamusi Railway that has been adjusted from time to time in line with its land system, the rural economic and institutional reforms. These have been practiced across the country with variations depending on its economic development. These gradual developments have also yielded some general practices in terms of compensation and living restoration. During the survey of project impact and the planning of the resettlement, the resettlement planning department organized related organizations and its members to attend meetings to conduct discussions with project involved counties, townships and village groups respectively. These consultations enabled a good understanding of past practice sin local village in dealing with land acquisition issues and village planning activities as well as feedback on suggestions for resettlement planning under this project. At the same time, they also reflected on how the relevant policies of the State and Heilongjiang Province are implemented on the ground. 159. The broad plan includes but is not limited to the following content. It will be developed into detailed action plans among the villagers on the basis of available resources in the villages and villagers’ preferences. 160. Four measures of living development, covering cash compensation, land redistribution, social security program and training, are explored for restoring production and living standards of the affected villages. 6.2.4.1 Cash Compensation 161. The resettlement office should pay the land compensation funds to the villagers according to the above-mentioned compensation standard described. Among the village options for living restoration, cash distribution to the affected villages is a measure increasingly used. This is particularly so in the developed areas where more non-farm income generation opportunities are available and household income is already diversified. Often families preferring direct cash compensation will choose to invest the cash compensation into their household non-farm ventures. 162. Where villages decide to pay cash compensation through villager council during the implementation of land acquisition and demolition, the following are involved: (1) Reaching a collective decision within the village assembly on cash compensation to the land-losing households, if a household are without other living measures, at least 70% of land compensation and all resettlement subsidies should be paid to the affected households. (2) Reaching agreements with each individual household on the acreage of land loss and total compensation to be paid with the signatures of all relevant parties; (3) Publicizing the household-wise land losses and compensation package within the villages; (4) Payment delivery to the households according to the signed agreements; (5) The land-losing households will be responsible for the use of their compensation funds. They mainly utilize the compensation for the development of secondary and tertiary industries. Relevant government rural extension agencies will provide technical suggestions and training. 6.2.4.2 Land Adjustment within Villages and Collective Use of Land Compensation Funds 163. This was the only option stipulated in the Land Administration Law before its amendment in 2004 when it was left as an option to be decided by the village assemblies. With this option, the village collectives will adopt a land-for-land option for the affected households and would use the land compensation fund collectively. The measure is particularly effective to this project as the volume of land per capita is relatively higher and village flexible lands occupy about 5-10% of the total land area, 89 Resettlement Plan for Harbin-Jiamusi Railway therefore, it is no need to totally readjust and reallocate the lands. And moreover, the project is a rail line project with smaller volume of land requisition. 6.2.4.3 Social Security Program for Land-losing Farmers 164. The social security programs started in urban areas first. As the government shifts its focus of development onto rural areas, this program is also expanded to benefit farmers in rural areas. And given the land acquisition impact under a fast developing China, provincial governments have issued specific policies for the land-losing farmers. This is an additional measure available for living restoration for the land-losing farmers. This could be either a free-standing measure on its own or one measure of a package for living restoration. It will be decided in the detailed village planning as to what a household package would be. . A. Chinese policy development is a matrix system involving all levels of central, provincial and city/prefecture level. The central government generally issues a master policy that is required to be further developed and detailed at provincial level through a provincial policy, which in turn requires to be further detailed and elaborated into city/county policies taking into account local social economic considerations. This matrix of policies is a gradual developing process and is quite uneven across China and is still going-on. Information on the social security policies in the project areas are as follows. It is an on-going process and the progress varies. B. Main measures and procedures during the performance of the social security program policies. In areas where social security program related policies are issued, social security program is an additional resettlement measure for the affected farmers, being done after their receiving common resettlement compensation. For details about the social insurance policies of affected areas, see Table 6-1. Main measures are described as below. � Farmers requisitioned of land to get pension insurance should accordingly be divided into two groups by age: (I) Insurants are male who are no less than 16 years old and under the age of 60, and female no less than 16 years old and under the age of 55. (II) Pension beneficiaries are male who are no less than 60 years old and female no less than 55 years old (rural residents requisitioned of land and changed to urban residents included). � Pension insurance fund of farmers requisitioned of land shall be raised through the following channels: (I) land compensation and resettlement subsidies paid to the farmers requisitioned of land; (II) subsidies given to the insurants and pension beneficiaries by the village collectives; (III) subsidies paid to the insurants and pension beneficiaries by the government from land transfer revenues. According to Harbin City's regulations, individuals and the village collectives are required to pay 40% of the total pension insurance premium respectively and the government subsidies pays the rest 20% In Jiamusi City, the farmers requisitioned of land, the village collectives and the government each pays 1/3 of the total insurance premium. � Set up a standard to determine the qualified candidates to join the social security scheme. For instance, Harbin City determines the individual's right to enjoy the scheme using the loss of all or most of arable land as an measurement. Currently every county takes each household's loss of half of the existing lawful land as a minimum limit. � Identifying individuals with social security program only through village meeting with approval from local government; � Joining the social security program is voluntary; � Setting two social security program accounts to collect money: county government account and personal account; county governments will input their state land related income into their social security 90 Resettlement Plan for Harbin-Jiamusi Railway program account while personal account relies on land compensation; � Money in personal account can be inherited; � People requisitioned of land and are determined to enjoy social security scheme should get different benefits according to age. Agricultural insurants should get full pension monthly when reaching the required age (60 years old for male and 55 for female) if the insurance premium is paid as required. Agricultural pension beneficiaries should get pension monthly from the next month after the insurance premium is paid as required; the pension received is the proportion they paid for insurance multiplies the city's urban residents subsistence allowance of that month. Once the city's urban resident subsistence allowance standard changes, the city and county departments of labor and social security and the city and county fiscal departments should jointly raise an adjustment scheme of the pension, and ask the city people's government for approval before implementation. � For people requisitioned of land and changed to urban residents, when employed by urban enterprises within legal working age, enterprises should go to city social insurance agencies to get urban basic pension insurance for the employees. People requisitioned of land and changed to urban resident who participate urban basic pension insurance as individual workers should go to the household registered district to participate urban basic pension insurance after the approval of the city department of labor and social security. � People requisitioned of land and changed to urban residents who participate in urban basic pension insurance, when reaching the required age, can get pension monthly if the insurance premium is paid no less than 15 years accumulatively. � For people requisitioned of land and changed to urban residents, who are employed by enterprises or participate in the insurance as individual workers and pay the urban basic pension insurance premium as required, when reaching the required age to get pension and the cumulative paying period is less than 15 years, the previous years' premium can be paid off one at a time when participating in the insurance counting from no earlier than July 1996; after the previous premium is paid but the cumulative years are less than 15 years, the premium can be paid off once when the insurant reaches the required age to enjoy pension so as to meet the required cumulative years' premium. The one-time paid pension insurance premium should be recorded into the individual's account as required. � Standard for social security program is to be regularly increased according to local economic development. C. Procecures to conduct social security program within villages are as follows: Village meetings identify the people who participate in social security program; Disclosing the name list of the people within village; Submitting the confirmed name list to county authority; Processing according to relevant policies and procedures of county (district) social security bureaus. Table 6-1 Social Security Policies in Affected Cities Province City Name of Regulations Issuing Time “Provisional Measures of the Harbin municipality on Heilongjiang Harbin pension security system and reemployment service for 2008-1-1 land-expropriated peasants� 91 Resettlement Plan for Harbin-Jiamusi Railway “Provisional Measures of the Jiamusi municipality on Jiamusi 2009-9-10 Endowment Insurance for land-expropriated peasants� Note: Bin County, Fangzheng County and Yilan County have not released the policies for endowment insurance and employment service of land-losing farmers, so they have to implement the Interim Procedures for Endowment Insurance and Employment Service of Land-losing Farmers in Harbin (Harbin People’s Government Decree 179, effective on January 1, 2008) 6.2.4.4 Employment Training and Other Assistances 165. The governments will organize and provide employment training for the affected farmers. Different levels of governments have also issued policies on vocational training to assist the land-losing farmers in their living restoration. A special focus is on those farmers who are seriously affected and those who have taken cash compensation and are reestablishing themselves in non-farm sector. 166. Government departments are responsible for the planning, organization and delivery of the employment training. The vocational training would come in two categories. The first category is farming-related. This is to assist village farmers, including those who have lost lands, with on-farm extension services. The government has a sound agriculture extension system in place, with lots of experiences and capacity over the past decades. These are in the field of agriculture extension, including seeding, fertilizer, science and technology, veterinary service, forestry and sideline economic activities etc. These are generally provided through the extension stations (agriculture, animal husbandry, forestry, fishery, science and technology etc) under the various government departments. The second category is non-farm employment related. This is to assist those who have less land left and are exploring non-farm employment opportunities. This training is to provide the farmers with new skills and assist them in finding new jobs through employment information dissemination and active organization for labor export to developed areas. Training areas would include food processing, mechanics, sewing, carpentry, security, cooking, main and domestic services etc. These would be organized by the labor departments, jointly with enterprise employers. 167. As for vocational training, individual farmers should make an application and participate in the employment training planning publicized by the town government. They will be offered with training certificates upon the completion of training. All training is free and the relevant expenses are borne by the local governments. All affected villagers will be helped find new jobs. Employment priority will be provided for severely affected villagers in extremely influenced areas like near the stations, such as jobs like cleaning, security and loading. Those affected farmers will be encouraged to deploy individual business with the support of preferential policies from the government. 168. The resettlement offices play a role of coordination and supervision. For the former, the promotion of agricultural technologies has become a regular function of government departments. County government and town government should pay more attention to the promotion of agricultural technologies in affected villages. Once the detailed income recovery plan is implemented, the resettlement offices should organize relevant government departments and village committees to carry out the promotion and training of agricultural technologies. For the latter, the resettlement offices should submit to the labor departments the list of farmers losing land for training. The labor departments should organize and deliver the vocational training along with poverty reduction offices, women unions and agricultural commissions. 6.2.5 Stage 2---Specific Village Production and Living Plan 169. When the influence of land acquisition (including temporary land occupancy) is finalized and the government has agreed on the project, the specific village production and living plan should be launched. The village committee should organize internal negotiation and discussion in the village on resettlement 92 Resettlement Plan for Harbin-Jiamusi Railway and production and living measures. The plan will be discussed and approved at the village conference and publicized in the village to facilitate implementation. Procedures are described as below: � Final influence investigation and announcement. Carry out another investigation, finalize the amount of land acquisition and that of affected population and appendages, and publicize the final influence in the village; � Land approval (by state or provincial government according to land type and/or amount); � Pay land compensation to villagers � The villager council discusses and decides production and living options and measures at the village committee based on the available resources. The collective technical proposal will be submitted to the town government for reviewing the technical feasibility of the plan. � The town government will monitor and put forward suggestions for the process of village production and living planning, and file the result and conduct technical review for the investment proposal. � Implement the plan. � The resettlement offices and local governments will organize and promote the support and vocational training. 170. The China Railway Corporation, local resettlement offices and the World Bank will regularly monitor the village planning process and implementation. These will also be included in the internal process report and the separate monitoring report. 6.3 Resettlement Planning 6.3.1 Production Resettlement Planning 6.3.1.1 Impact Analysis 171. The impact analysis for land acquisition reveals that the land acquisition of the railway totally impacts 108 villages and the per capita arable area after land acquisition nearly has no changes. There are 80 villages of which the cultivated land for acquisition accounts for less than 1% of the total; 22 of which the cultivated land for acquisition accounts for 1-3% of the total; 6 of which the cultivated land for acquisition accounts for 3-5% of the total; and only 2 of which the cultivated land for acquisition accounts for more than 5% of the total. During the project impact investigation and resettlement planning, the resettlement planning department will organize relevant departments and people to separately discuss resettlement plans in form of symposiums in counties (cities and districts), townships (towns and sub-districts) that are affected by the project. Cadres from counties (cities and districts), townships (towns and sub-districts) and villages, resettlers and some villager representatives will attend the meetings. According to the resettlement policies and requirements of China, Heilongjiang Province and the World Bank, an investigation into all affected villages will be carried out to confirm that all resettlers will be relocated within the village so as to facilitate the restoration of original production and living style and not affect the original social relations. Resettlers will be encouraged to deal with their familiar agricultural production industry. Conditions will be created for them to develop the secondary and tertiary industries. Specific resettlement measures are described as below: 1） Cash compensation: the compensation for land acquisition will be allocated by the resettlement department to affected villages and households, with specific procedures as below: � Investigation and notice: to investigate the amount of land and its attachment of each household to be requisitioned. Details should be noticed publicly. 93 Resettlement Plan for Harbin-Jiamusi Railway � Confirmation：all parts sign to confirm the physical impact amount specified in notice and sign land acquisition compensation contract; � Payment: (1) Compensation for young crops and ground attachments will be directly allocated to the affected villagers according to the compensation contract signed by both sides. (2) The allocation of resettlement compensation varies because different villages have different resettlement measures. For instance, if the affected villager isn’t allocated with new land after land acquisition, resettlement compensation will be paid directly to his\her household. If, after adjustment within the village, new arable land is available to the affected villager, the compensation will be paid to the village and then be equally allocated to all villagers; (3) Land compensation fee is the compensation for land ownership, and it will be paid directly to the village collective. As to the use of the fee, the village committee should discuss with the village representatives in the village assembly. The assembly will decide how to use the fee: whether or not put the fee partly or completely under the management of the village collective and apply it to the construction of roads, drains and other public programs; whether or not divide the fee and allocate it to the villagers according to the population or land area in each household. 2） Land allocation adjustment within the village ■ The village assembly organized by the village committee will decide whether to adjust the allocation of land after land acquisition. ■ If the village assembly agrees to have an adjustment, then its implementation should carry out within six months after land acquisition; (1) If there’s reserved land in the village, land allocated to the landless villagers will come from the collectively owned reserved land. The area allocated to each one is in accordance with the per capita arable land in the village; (2) If there’s no reserved land in the village, general land allocation within one village will be readjusted and the readjustment will be decided by the village assembly; (3) The landless villagers can re-access to land and continue to engage in familiar agricultural activities. 3） Social security arrangement Social security will be arrangement for eligible villagers in the principle of voluntariness according to social security measures for land-losing farmers of all provinces. There are 28 land-losing people who are eligible for social security, including 14 in Bin County, 9 in Fangzheng County and 5 in Yilan County. The investigation discloses that those who voluntarily subscribe to social insurance are mostly the old, namely women above the age of 55 and men above 60. Experts of local social security bureau express that the compensation for land acquisition is sufficient to pay the insurance. The endowment insurance standard for the insured land-losing farmers is 370 yuan each month. Details as below: ■ The villagers who need social protection will be decided by the village committee; ■ Publicity of the names of the villagers who could have access to social protection; ■ Names are submitted to the Social Security Bureau for approval, and publicity of the final result should be given; 94 Resettlement Plan for Harbin-Jiamusi Railway ■ County (district) Social Security Bureau starts to go through formalities according to relevant policies and procedures; 4） Employment training and assistance. Affected people can participate in the agricultural technical training for agricultural labors and vocational skill training for non-agricultural workers which are organized by the local government. The employment training is expected to have 2,550 participants and directly benefit 6,500 people. Details as below: ■ The local labor security department is responsible for the organization and implementation of job training and is also responsible for the planning of job training methods and programs. Training contents depend on the needs of the employers and the actual situation of the trainees. Generally speaking, the employment training includes: a. Training of skills applicable in the rural area, such as crop cultivation, livestock breeding techniques, etc. b. Professional skills required by urban enterprises, such as food processing, sewing, computer operations, etc. c. Services skills in the urban area, such as security guarding, cooking, cleaning, babysitting, health care, etc. The resettlement department (generally the land and resources departments) will provide the names of those who have lost their land due to land acquisition to the local labor and employment department (usually the county or district Bureau of Labor and Employment, poverty release department, women's federations, and agricultural sectors), so as to identify the trainees and arrange relevant trainings. Heilongjiang Provincial government thinks that landless farmers between 16 years old and 35 years old are the focus of the job training. ■ After the publicity of information about the training courses, the affected individuals need to propose application for registration into the training programs. The applicants will be put into different classes and be trained in sequence. At the end of the training, they will receive a certificate. ■ All the job trainings are free of charge, and the cost is paid by the finance department of local government. ■ The trainees can select from the recommended jobs voluntarily. These jobs, both local and remote, are non-agricultural, located in the urban areas. As to the severely affected villages, the affected villagers will be given priority in renting station facilities and choosing non-skilled work opportunities such as cleaning, security guarding, cargo handling, and etc. Details of the training program are in Table 6-2. ■ The landless farmers are encouraged to be self-employed and run their own businesses. Those who are below retiring age and yet have no jobs, if they want to be employed, can profit from relevant supporting policies and enjoy concession of some fees in a certain period, such as registration fees, management fees, and even taxes. Table 6-2 Job Training Planning for the Acquisition-affected People Training Time Address Trainer Trainee Training Content Institution Labor and Local Agricultural acquisition-affected Training of skills applicable in the Social resettlement people rural area (crop cultivation, 2013.2 Security departments experts livestock breeding techniques, etc) Bureaus of 95 Resettlement Plan for Harbin-Jiamusi Railway affected counties Labor and Local Teachers acquisition-affected Professional skills required by urban Social resettlement from people enterprises, (food processing, Security departments sewing, computer operations, etc.) 2013.2 Bureaus of Vocational affected counties schools Labor and Local Teachers acquisition-affected Services skills in the urban area, Social resettlement from people (security guarding, cooking, Security departments cleaning, babysitting, and health 2013.2 Bureaus of care, etc.) Vocational affected counties schools Labor and Local Agricultural acquisition-affected Training of skills applicable in the Social resettlement people rural area (crop cultivation, Security departments experts livestock breeding techniques, etc) 2013.2 Bureaus of affected counties Labor and Local Teachers acquisition-affected Professional skills required by urban Social resettlement from people enterprises, (food processing, Security departments sewing, computer operations, etc.) 2013.2 Bureaus of Vocational affected counties schools Labor and Local Teachers acquisition-affected Services skills in the urban area, Social resettlement from people (security guarding, cooking, Security departments cleaning, babysitting, and health 2013.2 Bureaus of care, etc.) Vocational affected counties schools Data source: local resettlement departments 6.3.1.2 Resettlement Plan for Villages Affected by Station Land Acquisition 172. Land acquisition for engineering construction influences all villages to different degrees. Especially, the construction of railway stations will product centralized land acquisition and will greatly impact the production and living of local villagers. The resettlement pays special attention to affected villagers. A total of 15 villages and 1 state-owned forest farm are affected by the land acquisition for stations. 173. Resettlement working groups, local governments and other resettlement authorities, together with the resettled people, will work together to make a recovering planning. The planning will take actual situation in each village and actual land acquisition into consideration. The production recovery plan for severely affected villages is summarized as follows: ■ Allocation of the collectively owned reserved land Most of the village collectives can allocate the reserved land to the farmers whose land is mostly expropriated. 96 Resettlement Plan for Harbin-Jiamusi Railway ■ Various non-agricultural settlement: Those resettlers who are not eligible for resettlement with land, such as those near stations, can get monetary compensation and employment and skill training and be helped engaged in secondary and tertiary industries. The training can provide new skills for farmers and help them find new jobs through information transfer, and actively recommend labors to developed areas. The training content will involve food processing, machinery, sewing, woodworking, security, cooking and main housekeeping. These trainings will be jointly organized by labor departments and enterprise employees. ■ Social security Social security will be arrangement for eligible villagers in the principle of voluntariness according to social security measures for land-losing farmers. There are 9 land-losing people who are eligible for social security. The investigation discloses that those who voluntarily subscribe to social insurance are mostly the old, namely women above the age of 55 and men above 60. Experts of local social security bureau express that the compensation for land acquisition is sufficient to pay the insurance. County (district) social security bureaus will go through the formalities according to relevant policies and procedures. ■ Specific resettlement plan for villages affected by station land acquisition: The station land acquisition totally affects 15 villages. 1,078 people have to be resettled. 320 of those people work in other areas for a long term. Meanwhile, 1,150 job opportunities can be provided around the station. In such a way, all affected people will have job opportunities and their living standard will not be lowered. Among the 15 affected villages, Jianguo Village and Kaoshantun Village are severely impacted, with separate land acquisition rate to 7.34% and 5.11%. For the specific resettlement plan for the two villages, see Table 6-3 and 6-4. 97 Resettlement Plan for Harbin-Jiamusi Railway Table 6-3 Specific Resettlement Plan for Jianguo Village Item Content The village now has a population of 874 in 190 households, including 861 rural people. It has 7,980 mu arable area, 9.3 mu per capita arable area, and 720 mu collective Basic situation reserved land. It has 315 labors including 80 working in other areas. Its per capita net income reaches 9,500 yuan. The economic condition is relatively good. The land acquisition plans to cover 585.92 mu arable area (including 541.2 mu for Land station). Before land acquisition, the village has 7,980 mu arable area. The land acquisition acquisition rate gets to 7.34%, thus it is the most severely affected village. After land affect acquisition, the per capita arable area will decrease to 8.59 mu. At the project design phase, the village held a village assembly immediately when informed of land acquisition to discuss the resettlement measures. Then, with the progress of project, the village convened 3 negotiation meetings in different forms and Negotiation and finally formed an initial resettlement plan: the village as a whole would relocate those decision-making land-losing households with collective reserved land; meanwhile allocate land compensation, offer free employment training for labors and utilize the advantages of locating near the station to provide job opportunities, and subscribe endowment insurance for those eligible land-losing people.  After land acquisition, the affected village will allocate land compensation to each household in time and adjust land. The collective reserved land of the village is sufficient for land adjustment.  The resettlement department will provide free employment training for villagers with labor capacity. By virtue of the advantages for locating near the station, about 155 people will have priority to get the job opportunities to support the operation of production and living facilities of the station, such as handling, cleaning, catering and service. The resettlement department will organize relevant enterprises to conduct all-round trainings for land-losing villagers. Farmers participating in training will be exempted from all training expenses and also be provided with subsidy for three meals as well as free training manuals. After training is finished, they will be supplied with job recommendation letters for such an industry. Resettlement  Social security will be arrangement for eligible villagers in the principle of measures voluntariness according to social security measures for land-losing farmers. There are 9 land-losing people who are eligible for social security. The investigation discloses that those who voluntarily subscribe to social insurance are mostly the old, namely women above the age of 55 and men above 60. The standard on land compensation is 32,683 yuan/mu. Experts of local social security bureau express that the compensation for land acquisition is sufficient to pay the insurance. County (district) social security bureaus will go through the formalities according to relevant policies and procedures. The social insurance fee is 370 yuan/month once insured.  This land acquisition has to relocate 146 people. 80 of those people work in other areas for a long term. Meanwhile, 155 job opportunities can be provided around the station. 9 are eligible for endowment insurance. In such a way, all affected people will have job opportunities and their living standard will not be lowered.  Resettlement office in Fangzheng County: responsible for compensation payment and working out and implementing the village production and living restoration Implementation measures and in-time supervision and check. organizations  Fangzheng County Labor and Social Security Bureau: formulating and implementing farmer training measures. 98 Resettlement Plan for Harbin-Jiamusi Railway  Jianguo Village Committee: assisting the superior department in formulating and implementing village production and living restoration measures.  Compensation for land acquisition: 19,150,000 yuan  Training fee: 130,000 yuan (estimated according to training content, number of Budget people, and training time). Total: 19,280,000 yuan Schedule February 2013---August 2014 99 Resettlement Plan for Harbin-Jiamusi Railway Table 6-4 Specific Resettlement Plan for Kaoshantun Village Item Content The village now has a population of 1,365 in 265 households, including 1,350 rural people. It has 16,147 mu arable area, 12.01 mu per capita arable area, and 1,560 mu Basic situation collective reserved land. It has 465 labors including 185 working in other areas. Its per capita net income reaches 6,500 yuan. The economic condition is ordinary. The land acquisition plans to cover 824.6 mu arable area (including 485.5 mu for Land station). Before land acquisition, the village has 16,147 mu arable area. The land acquisition acquisition rate gets to 5.11%, thus it is one of the most severely affected villages (only affect inferior to Jianguo Village). After land acquisition, the per capita arable area will decrease to 11.4 mu. At the project design phase, the village held a village assembly immediately when informed of land acquisition to discuss the resettlement measures. Then, with the progress of project, the village convened 3 negotiation meetings in different forms and Negotiation and finally formed an initial resettlement plan: the village as a whole would relocate those decision-making land-losing households with collective reserved land; meanwhile allocate land compensation, offer free employment training for labors and utilize the advantages of locating near the station to provide job opportunities.  After land acquisition, the affected village will allocate land compensation to each household in time and adjust land. The collective reserved land of the village is sufficient for land adjustment.  The resettlement department will provide free employment training for villagers with labor capacity. By virtue of the advantages for locating near the station, about 155 people will have priority to get the job opportunities to support the operation of production and living facilities of the station, such as handling, cleaning, catering and service. The resettlement department will organize relevant enterprises to conduct Resettlement all-round trainings for land-losing villagers. Farmers participating in training will be measures exempted from all training expenses and also be provided with subsidy for three meals as well as free training manuals. After training is finished, they will be supplied with job recommendation letters for such an industry.  This land acquisition has to relocate 206 people. 185 of those people work in other areas for a long term. Meanwhile, 260 job opportunities can be provided around the station. In such a way, all affected people will have job opportunities and their living standard will not be lowered.  Resettlement office in Jiamusi outskirt: responsible for compensation payment and working out and implementing the village production and living restoration measures and in-time supervision and check. Implementation  The Labor and Social Security Bureau in Jiamusi outskirt: formulating and organizations implementing farmer training measures.  Kaoshantun Village Committee: assisting the superior department in formulating and implementing village production and living restoration measures.  Compensation for land acquisition: 33,000,000 yuan Budget  Training fee: 170,000 yuan (estimated according to training content, number of people, and training time). 100 Resettlement Plan for Harbin-Jiamusi Railway Total: 33,170,000 yuan Schedule February 2013---August 2014 6.3.2 House Demolition Resettlement Planning 6.3.2.1 Rural House Demolition Resettlement Planning ■ Selection of resettlement homestead and standard 174. The main track project involves 275 relocation households in rural area and 77 relocation households for environmental protection. Rural relocation households are scattered and all adopt nearby resettlement within the village. According to the previous characteristics and based on the local conditions, new houses will be built and scattered on resettlement homestead in area near road and in the relatively centralized residential area within the village, in the principle of trying not to occupying arable land. Specific issues about scattered reconstruction should be coordinated by the government. Besides, the government must be responsible for that new houses must reach the requirement on three supplies (water, sewage and road) and one leveling. 175. The land for building new houses should be distributed by the village for free. These households concerned have no need to buy the land for new houses. The land for a new house should have an area equal to the original. Affected households will get compensation for house demolition. The cost of homestead will be separately calculated and paid to the village collective. Then the village collective should coordinate with the local government to confirm the distribution method. In principle, affected population enjoys priority. 176. When a Chinese villager requires land owned by village collectives to construct new houses, the villager will have to submit an application. This application will need to be approved through a conference by villagers, examined by the village committee, examined and verified by township level governments, and to be submitted to county level governments to be approved. 177. Land for a new house should be confirmed by villagers and relocated farmers. Normally, those farmers like location having good transportation facilities like highway or both sides of road. The village should try its best to satisfy them, and within authorized area, the village should permit the farmers to choose the location to rebuild their house. 178. Standard of house site should be implemented according to relevant regulations of different counties (cities and districts) � Land leveling and infrastructure planning A. Land leveling for house base: Most of the farmers are resettled separately, so the resettled farmers can choose sloping land within their village or other villages. Generally, the base land with good geology can be built after leveling. B. Infrastructure facilities (1) Water supply: According to existing conditions to affected residents, the water shall be provided by existing water supply network or digging well by themselves. (2) Power supply: connecting to existing power supply facilities by 220v poles. 101 Resettlement Plan for Harbin-Jiamusi Railway (3) Road: villages should be responsible for arranging the new house to locate near existing roads and centralized residents point avoiding road construction additionally, and it will improve transportation conditions for those live separately. (4) Broadcast and TV: relocated people can receive broadcast signal by existing facilities, meanwhile, they can reinstall their original TV facilities or use existing facilities to receive TV signal in the resettlement area. (5) Hospital and school: In principle, the relocated people should be resettled to centralized resident point and after allocation; they can use existing school and health facilities, so that improving their hospital and school conditions. � It is suggested that local governments shall implement new rural construction to the advantage of resettlement. 179. Local governments should promote rural transformation and implement new rural construction by the advantage of resettlement. Led by village and town planning, rural infrastructure construction should be facilitated. Here puts forward the following conceptions for reference: I What comes first is the establishment of a management system, which helps to make a scientific and reasonable planning for the construction of townships. The planning and construction of townships should develop in a systematic and standardized way. We should follow the principle of "Fitting into local conditions, highlighting local characteristics, moderately advancing, achieving a goal in one leap" and the requirement of "merging small villages, demolishing empty villages, reducing natural villages, establishing central villages". There should be a special organization which is responsible for the planning. II Secondly, we should strictly follow the principle of "first planning then construction, no planning then no construction". Under the guidance of the approved planning, local authorities should supervise the villagers and help them construct residences, infrastructures and public facilities. The following measures are recommended: moving scattered households into the village; renovating the original village; protecting historical and cultural village; constructing environment-friendly village; constructing rural new village. III Thirdly, the construction of residential houses should follow the planning and be within local capability. Public opinions should be taken into account. And housing styles need not be identical. No uniform design should be forced upon the locals and unnecessary demolition and extravagant constructions should be avoided. IV Fourthly, we should improve the village and township images and protect the environment of rural markets. Special attentions should be paid to better the sanitation in rural areas. Therefore, activities like "clearing rubbish and sludge, removing barricade, relocating water lines, and renovating kitchens, lavatories and loops" should be encouraged. The greening and beautifying of the environment should also be practiced. Besides, human residences should be separated from loops. All the actions aim to achieve the rural residents’ dream of "walking on flat road, drinking clean water, having sanitary toilet and living in clean room". V Fifthly, efforts should be made to offer better rural infrastructures and services. The construction of roads, especially hard roads, should speed up. The use of rural biogas and renewable clear energies such as straw gasification is to be encouraged. Besides, the farmers’ work of relocating water lines, renovating kitchens, lavatories and loops, and building bathrooms should be vigorously promoted. The popularization of Tri-Linkage biogas toilets: the Tri-Linkage toilets link the septic tank, the animal loop and biogas digester together. Human faeces and animal wastes enter the biogas digester completely and are fermented there. The biogas toilets can transform wastes, useless straws, and abandoned plant leaves and stems into useful things. For instance, processed slurry and residue can be used as agricultural fertilizer. 102 Resettlement Plan for Harbin-Jiamusi Railway Promotion of urine and dung diverting toilet: it is composed of urine pit, dung pit, exhaust pipe, and absorber plate (drying plate). Dust covering on dung is the key to the application of this toilet. Sufficient dust is able to keep dung clean. Before the use of the toilet, 5~10cm dust is added to the pit. After each use, the dust with an amount equal to 3 times of dung is applied. Dung is stored in the pit for about 0.5-1 year. Urine cannot flow into the dung pit. The urine pit should be enclosed and keep out of light. Urine, diluted by water with 5 times amount, can be directly utilized to fertilize crops. ■ Others 180. The time needed for construction of the new rural houses is about 3-5 months. Generally, they will entrust the construction work to a local businessman. Villagers can salvage construction materials from their original houses without charge. There will be no deduction of expenses from their compensation. 181. Compensation for the demolished house will be paid to the village household by the resettlement departments of the county prior to relocation. 182. The principle is that new houses are to be constructed before the demolition of the old ones. If demolition is carried out prior the construction of the new house, it will be necessary to provide village households will transition subsidies. This is to enable them to rent houses during the transition period. Villagers often seek refuge with relatives and friends during the transition period. They will seek to borrow empty houses of relatives and friends for the transition period. Under these circumstances, transition subsidies must still be made to them. The standard is about 5-10 yuan/m2/month (six months), which shall be paid just for once by resettlement administration agency. The total demolition area is about 150-280m2 for each household, so the total subsidy amounts to 750-2,800 yuan each month. The transportation fees are 200-300 yuan per household. However, it must be stressed that, no matter the circumstances, demolition is not to be carried out until after the construction of new houses. 183. If villagers would like to enlarge the area or raise the standards of the new houses, they will have to make payment for the additional costs; based on their financial situations. Villagers are to decide for themselves whether or not to enlarge the area or raise the standard of quality of the houses. 184. The residences of village households are much dispersed. They will build their new houses themselves. Labor costs and expenses for construction materials are included in the compensation for demolition. Villagers who are to construct new houses can select: (i) enlarge the area of the house and raise the level of comfort; (ii) construct new houses that are of the same area, quality and standard as the previous ones and the remaining compensation can be used in other ways. The location of the new house can be negotiated between the villager and villages or village groups. Nevertheless, the new residential plot will be provided by the village to the villager without charge. 185. It will motivate the affected families that reconstruction of new houses is completed by themselves after they get the compensation. The families can take many ways to control and reduce cost, such as getting help from relatives and friends, utilizing original housing materials and local materials. In addition, they can also choose the house styles they like etc. 6.3.2.2 Urban House Demolition Resettlement Planning The main track project totally affects 1,210 house relocation households and 925 relocation households for environmental protection, i.e. 2,135 households in total. Compensation for urban house involves land acquisition fee. Table 6-5 Urban Household Resettlement Willingness Questionnaire county/District Monetary Resettlement Property Right Replacement Total (household) 103 Resettlement Plan for Harbin-Jiamusi Railway (household) (household) Daowai District, 1085 65 1150 Harbin Jiamusi 941 44 985 Total (household) 2026 109 2135 Data source: field investigation 186. For the resettlement of urban residents, all cities and counties along the line should implement the Regulations on Acquisition of Houses on State-owned Land and Compensation issued in 2011. The value of requisitioned house should be determined by a qualified real estate price assessment organization according to the real estate acquisition assessment measures. Relocation people can select monetary compensation or property right replacement. 187. Urban residents involved with this demolition can select monetary compensation or property replacement. This policy has been effectively implemented in the urban house demolition for Harbin-Dalian Railway project and other similar railway projects. We have collected the opinions of resettled residents on site. Most of the 2,135 urban households concerned select monetary resettlement. Meanwhile, we learn from the investigation that there are abundant house sources of all types and prices around the demolition area. The resettlement price specified in Chapter 5 can be enough to buy a house in the same section. They will get settling-in allowance and transition fee. The principle is: compensation first and then relocation. 188. For those who select property right replacement, the city and county governments should provide houses for such a purpose and calculate and settle the difference price between the value of demolished house and that of the new one for replacement. Recently, Harbin and Jiamusi are both constructing several relocation residential communities, which can meet the different demand of those people selecting property right replacement. The house source is sufficient and the policies are reasonable. And certain assistance is given to vulnerable groups. By negotiation with the local government, we have initially determined that the following resettlement community is used for property right replacement. Overview of resettlement communities in Daowai District, Xiangfang District and Acheng District of Harbin All districts have successively built resettlement communities which can meet the demand of households that select property right replacement. The affected Daowai District, Xiangfang District and Acheng District now have such resettlement communities as Qingming Community, Fulu Passenger Car Station Community, and Guangxin New City. The Guangxin New City with an area of 1,152,200 m2 is located in the area surrounded by 160 road under planning, 3rd ring road, Guangxin Road and 32 road under planning and is mainly used by relocation residents. It plans to cover a land of 585,300 m2 and be constructed by two stages, with a total investment of 4.373 billion yuan. The first-stage project is composed of 32 high-rise residential buildings, 18 commercial service buildings and 4 underground garages and provides 8,004 apartments including 392 as low-rent houses. Up to now, 24 high-rise buildings have been capped and are expected to be delivered for use in the first half of 2013. There are library, entertainment center for the aged, medical center and music fountain. The library with area to 1,233 m2 can accommodate as much as over 300 peoples. In view of house design, these apartments are will ventilated from south to north and are combined in harmony with view outside windows. The green space in community will reach more than 9,000 m2. Besides, more than 2,000 m2 flowers will be planted. Every place will be decorated with landscape. As regulated, there are three types for resettlement houses: construction area of 50m2, 60m2 and 70m2. Resettled people can select a proper house type according to the construction area of the original house (the right type above the original area). The price for the original area will not be calculated, but that for 104 Resettlement Plan for Harbin-Jiamusi Railway the area beyond the original one will be determined based on the comprehensive construction cost. For example, the original house has a construction area of 55 m2. As specified by the policy, the resettled people can select a house of 60 m2. The original 55 m2 has no price, but the newly added 5 m2 has to be purchased at a price of the comprehensive construction cost. Additional policies for vulnerable groups: for the resettlement of extremely poor households, there is an indemnificatory house type of 40 m2 construction area. Besides, sufficient attention has been paid to the vulnerable groups in terms of house purchase price. They only have to pay the construction and installation cost for the area beyond the original area. Those who still cannot pay the house can rent the area beyond the original according to cost rent. If their economic conditions are improved in future, they can repay the price and resume all property right. Resettled households who choose standard house type (with an area properly more than the original) have to pay the comprehensive construction cost while those who choose an indemnificatory house type to pay the construction and installation cost. The two prices are measured under the organization of Harbin Shed Transformation Office, Harbin Construction Commission, Harbin Price Bureau and Harbin Real Estate and Housing Bureau and issued once each year at a regular time. The construction and installation cost refers to labor cost, material fee, and machinery fee produced from construction and other indirect costs. The comprehensive construction cost refers to land acquisition and demolition compensation, preliminary engineering and survey and design expenses, construction and installation engineering expense (construction and installation cost) and construction expense for infrastructure supporting facilities yielded in the construction of a residential community. Both the two prices do not contain required management expense and tax so as to make them completely benefited. Overview of resettlement communities in Jiamusi In the outskirt affected by the project, there are 1,300 sets of resettlement houses under construction, with house types like 40m2, 50m2, 60m2 and 70m2. The diverse house types can meet the demand of those who choose property right replacement. Recently, all the houses have been started for construction and are expected to be delivered for use in June 2013. The community has an entertainment center for the aged and green landscape. Besides it enjoys complete supporting facilities like nearby markets, bus stops, schools and hospitals. For the option of property right replacement, the principle of “one for one� will be followed, namely one house is demolished and one will be replaced. The difference price should be paid. There are such house types: 40m2, 50m2, 60m2 and 70m2. Resettled people can select a proper house type according to the construction area of the original house (the right type above the original area). The resettled people should pay the area beyond the original area at rates of 850 yuan/m2 (settlement fee) and 150 yuan/m2 (structural difference price). Additional policies for vulnerable groups: resettled people with Certificate of Minimum Living Guarantee for Urban Residents can be given with additional 5 m2 resettlement area for free based on the original area. The disabled who have registered on Certificate of Minimum Living Guarantee for Urban Residents and hold Disability Certificate can be given with additional 3m2 resettlement area for free based on the previously described privilege. Poor households with actual resettlement area at or below 60m2 can apply for going through low-rent house joint property procedures at the city housing security office after the delivery is handed over, and can enjoy subsidy of 20,000 yuan/household. The above measures will improve the housing conditions. 189. Urban resident resettlement measures and procedures (1) Investigation and verification. 105 Resettlement Plan for Harbin-Jiamusi Railway The measurement of usable area and auxiliary area and the contracted area need be verified. The verification also covers population structure, age, health status, occupation, and so on. (2) Door-to-door visit for advice. As to how to compensate, the demolished residents can choose money or house exchange. (3) The compilation of demolition plans. After having the land use rights, the party in charge of demolition shall go to the local police station and Bureau of Houses and copy the affected residents’ house ownership record. Then, the party in charge of demolition should visit every household, verify the real condition, and make a classified record. According to the verification and the state and provincial compensation standards, the developers should work out a detailed demolition planning. (4) The procedures of applying for land use permit The party in charge of demolition should have the land use rights of the demolished houses first. To do so, they should apply to related government departments for the construction land use license. If approved, they will be given the license. Meanwhile, the geographical scope of their demolition will be regulated. Then, the government authorities will stop the reconstruction and the expansive construction of the residences to be relocated. (5) Application for the demolition permit The Chinese government uses a licensing system for house demolition. The units which are to demolish houses could only take practices after having the demolition permit. To obtain the house demolition permit, the applicants should submit the following materials to the house demolition and relocation department of local (city/county) government departments: the construction project approval documents; the construction land use license; state-owned land use permit; demolition and relocation planning; evidence of funds for demolition compensation issued by the banking institutions. The house demolition and relocation department should review the applications within 30 days from the date of receipt; upon examination, they will issue house demolition license to the applicants. The house demolition permit is the legal proof for the developers to practice demolition activities and there is a time limit and power limit for it. The demolition activities must be confined in the area approved by the permit. No discretionary expanding or narrowing is allowed. Besides, the demolition must be completed within the stipulated period. No discretionary postponement is allowed. If, for some special reasons, demolition area and time duration needs to be changed, the developers must promptly report to the house demolition departments, make explanation and wait for approval. (6) Publicity Upon issuing the demolition permit, the departments for demolition management should publicize its content, including: the developer, the demolition scope, demolition duration, etc. The departments for demolition management should publicize and explain the details to the people whose residences are to be demolished. The house demolition notice should be posted in places that are eye-catching and easily accessible. For large-scale demolitions, the notice should be placed in the local newspaper. By publishing house demolition notice, people to be removed will have more knowledge on the construction process and 106 Resettlement Plan for Harbin-Jiamusi Railway relevant laws and policies. They will know their rights and obligations and avoid future conflicts. The notice should cover the following information: name of the construction project, the developer, the demolition time, the demolition scope, implementation units, etc. (7) Signing the contract of demolition and resettlement compensation. After the demolition notice is publicized, both sides should sign a contract, covering the way and amount of compensation, resettlement housing area and the resettlement sites, relocation period, relocation pattern and transition pattern. (8) The notarization and record of the demolition and resettlement contract. (9) The implementation of the demolition. 6.3.3 Resettlement Planning for Affected Factories and Mines 190. There are 39 factories and mines that are affected by the project and have to be relocated, with construction area of 197,070 m2, accounting for 51.53% of the total relocation area. 191. For enterprises for land acquisition, an independent professional evaluation organization will evaluate it according to market price and determine the compensation fee. Affected factories and mines will be compensated based on the reconstruction cost of land, architecture, equipment and other auxiliary construction. The compensation will contain (enterprise and equipment) relocation expense and loss in income due to shutdown or output reduction. Among the 39 affected factories and mines, there is only 1 military facility (a discarded underground tunnel) and the rest are all private enterprises and individually owned enterprises with a small scale. Their employees are all contract workers or temporary workers. 192. Except the one military facility, the other 11 ones are only partially affected and their production and operation are not influenced. Thus monetary compensation will be adopted. For the remaining 27 enterprises which have to be totally demolished, governments at all levels will assist those affected enterprises to re-build and restore production, guide and help them to re-select a new business location, actively assist them with industrial transfer or upgrading and production optimization, encourage qualified enterprises to rebuild in industrial parks, guarantee rebuilding and production and operation restoration of affected organizations and provide and improve working opportunities for affected employees. For those which do not plan to rebuild, the resettlement department and the enterprises should give a public notice to the staff on the resettlement method 6 months in advance, so as to facilitate them to find new jobs, and should also provide free training and recommend new jobs meanwhile. Affected employees will be compensated for shutdown/transition and will have the priority to get new jobs after the enterprise is relocated. For enterprise resettlement plan, see Table 6-6. 107 Resettlement Plan for Harbin-Jiamusi Railway Table 6-6 Preliminary Plan for Resettlement of Enterprises and Mines County/District Name of Enterprises Preliminary Plan Monetary compensation. Government should assist in Jinjia Art Glass renting a nearby land or unused plant to restore production. Monetary compensation. Government should assist in North Edge Measuring Tool renting a nearby land or unused plant to restore Factory production. Monetary compensation. Government should assist in Xingsheng Plastic Packaging renting a nearby land or unused plant to restore Company production. Monetary compensation. Government should assist in Xinlong Machinery Factory renting a nearby land or unused plant to restore production. Monetary compensation. Government should assist in Hongda Hardware Factory renting a nearby land or unused plant to restore production. Three Trees Locomotive Railway internal production reorganization. Production Depot and operation not affected. Monetary compensation. Government should assist in Medicine Company renting a nearby land or unused plant to restore production. Longyun Road Passenger Monetary compensation; production and operation not Daowai Transport Co., Ltd. affected. District Machinery Branch of Special Monetary compensation; production and operation not Equipment Co., Ltd. affected. Monetary compensation. Government should assist in Qiaoyi Stainless Steel Co., renting a nearby land or unused plant to restore Ltd. production. Monetary compensation. Government should assist in Hajingdian Printing Co., Ltd. renting a nearby land or unused plant to restore production. Monetary compensation. Government should assist in Zhonglian Machinery renting a nearby land or unused plant to restore Manufacturing Co., Ltd. production and encourage it to rebuild in development areas. Monetary compensation. Government should assist in Zhengda Medical Equipment renting a nearby land or unused plant to restore Factory production and encourage it to rebuild in development areas. Chenggong Weiye Monetary compensation. Government should assist in renting a nearby land or unused plant to restore Doors and windows company production. Monetary compensation. Government should assist in Aosen Furniture Factory renting a nearby land or unused plant to restore production. 108 Resettlement Plan for Harbin-Jiamusi Railway Monetary compensation. Government should assist in renting a nearby land or unused plant to restore Aotong Auto Electric Factory production and encourage it to rebuild in development areas. Monetary compensation. Government should assist in Common Non-standard Tool renting a nearby land or unused plant to restore Factory production. Monetary compensation. Government should assist in renting a nearby land or unused plant to restore Wei Cheng Cable Co., Ltd. production and encourage it to rebuild in development areas. The 4th Material Branch of the 13th Engineering Bureau Monetary compensation; production and operation not under the China Railway affected. Corporation Monetary compensation; production and operation not Longjiang Special Equipment affected. Co., Ltd. (131) Gaoleng Hatching and Monetary compensation; production and operation not Breeding Base affected. Explosive magazine of Fangzheng Branch Company Monetary compensation. Government should assist in of Qitaihe Oversea Civilian renting a nearby land or unused plant to restore Fangzheng Blasting Materials Monopoly production. County Co., Ltd. Demoli Mineral Water Co., Monetary compensation; production and operation not Ltd. affected. Monetary compensation. Government should assist in Longjiang Woxue Mastiff renting a nearby land or unused plant to restore Park production. Yilan County Yilan Water Source Monetary compensation; selecting a new site. Shihongxing Construction Monetary compensation; production and operation not Company, the 6th Agency affected. The relocation should be negotiated by military and local Military Facilities government. Monetary compensation. Government should assist in Hongxing Breeding Base in renting a nearby land or unused plant to restore outskirt of Jiamusi production. Jiamusi Jiamusi Union Agricultural Monetary compensation; production and operation not Machinery Manufacturing affected. Co., Ltd. Jiamusi Goods Yard Monetary compensation. Government should assist in Tarpaulin and Working Suit renting a nearby land or unused plant to restore Company production. Jiamusi Railway Parts Factory Monetary compensation. Government should assist in renting a nearby land or unused plant to restore 109 Resettlement Plan for Harbin-Jiamusi Railway Jiamusi Xinda Railway Track production. Bridge Service Co., Ltd. Monetary compensation. Government should assist in Jiamusi Working Suit renting a nearby land or unused plant to restore Company production. Monetary compensation. Government should assist in Jiamusi Breeding Factory renting a nearby land or unused plant to restore production. Table 6-6 Preliminary Plan for Resettlement of Enterprises and Mines (continued) County/district Name of Enterprises Preliminary Plan Monetary compensation. Government should assist in Lijia Fishery renting a nearby land or unused plant to restore production. Monetary compensation. Government should assist in Rongxin Template Renting renting a nearby land or unused plant to restore Station in outskirt of Jiamusi production. Monetary compensation. Government should assist in Jiamusi Hengfeng Wood renting a nearby land or unused plant to restore Import & Export Company Jiamusi production. Jiamusi Xiangyang Wood Monetary compensation. Production and operation not Products Co., Ltd. affected. Monetary compensation. Government should assist in Heilongjiang Xiaoheilong renting a nearby land or unused plant to restore Ecological Fertilizer Co., Ltd. production and encourage it to rebuild in development area. Jiamusi Ronghua Machinery Monetary compensation. Procution and operation not Manufacturing Co., Ltd. affected. 193. Local resettlement will follow the following resettlement measures and procedures for affected factories and mines: ♦ Negotiation for relocation plan: negotiating the relocation and employee resettlement plan based on the construction of Harbin-Jiamusi Railway construction and the overall planning for urban industry. ♦ Assessment expense: the owner invites an independent professional assessment organization to conduct evaluation and determine the amount of compensation. ♦ Expense payment: enterprise compensation, relocation expenses, compensation for income loss in shutdown or output reduction, and salary compensation for shutdown/transition. ♦ Assisting in enterprise reconstruction and employment: governments at all levels will assist those affected enterprises to re-build and restore production, guide and help them to re-select a new business location, actively assist them with industrial transfer or upgrading and production optimization, encourage qualified enterprises to rebuild in industrial parks, and provide and improve working opportunities for affected employees. For those which do not plan to rebuild, the resettlement department and the enterprises should give a public notice to the staff on the resettlement method 6 months in advance, so as to facilitate them to find new jobs, and should also provide free training and recommend new jobs meanwhile. Affected staff will be compensated for shutdown/transition and will have the priority to get new jobs after the enterprise is relocated. 110 Resettlement Plan for Harbin-Jiamusi Railway 194. Harbin downtown, Bin County and Jiamusi outskirt affected by the project all are constructing and completing industrial parks step by step. All governments have preferential policies to encourage and guide these enterprises to rebuild in industrial parks. Harbin High-tech Industrial Development Zone, Harbin Binxi Economic Development Zone and Jiamusi Emerging Industry Park (former Jiadong Industrial Park) are applicable to the project. For the overview of relevant development zones along the line, see Table 6-7. 111 Resettlement Plan for Harbin-Jiamusi Railway Table 6-7 Overview of Relevant Development Zones Name of Enterprises County/District Development General Situation Relevant Policies Encouraged to Zone Rebuild Harbin High-tech Industrial Development Zone is one of the 56 national high-tech industrial Zhengda development zones of China. It Medical was approved to be constructed by Equipment Harbin CPC Heilongjiang Provincial Providing the Factory, etc. High-tech Committee and Heilongjiang investment organization The Harbin Industrial Provincial Government in 1988 with per capita office compensation Development and was approved to be one of the occupancy of 15 m2 and is sufficient Zone first national-level high-tech zones rent subsidy for 3 years. for by the State Council in March resettlement 1991. It has a total planning area and of 23.9 square kilometers reproduction. including 19.7 square kilometers for the centralized area. Planned enterprises are Weicheng Harbin Binxi Economic exempted from local Cable Co., Development Zone is a provincial administrative charges Ltd., development zone that was during the agreed Zhonglian approved to be established by construction period. The Machinery Heilongjiang Provincial People’s operational charges are Manufacturing Government on September 11, collected at the lowest Co., Ltd., Harbin Binxi 2002. It is located in the east rate. After the Aotong Auto Economic Bin County outskirt of Harbin and adjoins construction is Electric Development Daowai District and Acheng completed, enterprises Factory, etc. Zone District of Harbin City as well as can apply to financial The Tongsan Expressway and Hatong institutions for loan with compensation High-grade Highway. It is an land, plant and is sufficient important channel to cities and equipment on mortgage for foreign trade seaports in eastern so as to solve the resettlement Heilongjiang Province. insufficiency of and circulating fund. reproduction. Heilongjiang All required Xiaoheilong administrative charges, Ecological Located in east of Jiamusi, it was government fund Fertilizer Co., founded on August 31, 2009 and (excluding Ltd., etc. was approved to be a provincial Jiamusi land-transferring fees) high-tech zone by the provincial Emerging and security deposit Jiamusi government on December 21, Industry generating in the The 2009. It has total planning area of Park approval and compensation 192 square kilometers and is construction period are is sufficient designed to consist of one district exempted or firstly for and five parks. collected and rewarded resettlement later. and reproduction. 195. Typical cases of factories and mines resettlement 112 Resettlement Plan for Harbin-Jiamusi Railway Typical cases of factories and mines resettlement in Harbin Table 6-8 Resettlement Plan for Ordinary Non-standard Tools Factory Item Content This factory is a private enterprise that locates in north of the existing Harbin East Station. A small amount of its employees are contract workers while most are temporary labors. Basic Situation Factory director: Zhang Wenzhong; Tel: 13904658627 With 180 workers on the job, it covers an area of 7.5mu and has an annual output of 25 million yuan. 5,000 m2 will be demolished. Demolition 7.5 mu for land acquisition and 5,000 m2 for demolition. Impact Through negotiation, the factory directory Zhang Wenzhong agrees on monetary compensation and approves to invite an independent specialized assessment Negotiation and organization to make an evaluation and determine the amount of compensation. The Decision-making local government will assist him in renting an unused plant nearby to restore production in time. Paying compensation to the enterprise. The compensation for the affected enterprise is calculated based on the reconstruction cost of architecture, equipment and its appendages. The compensation includes relocation fee (enterprise and equipment relocation) and income loss during shutdown or output reduction period. Resettlement According to the willingness of the enterprise, the local government will actively assist Measures the enterprise to rent an unused plant in Sankeshu Street near the original factory site, where there are many unused plants and sufficient options, so as to guarantee reconstruction and restore production and operation in time. Besides, the local government will provide and improve employment opportunities for affected employees. Affected employees will get salary compensation for the shutdown/transition period and will enjoy the priority for reemployment after the enterprise is relocated. Budget 15 million yuan Implementation Resettlement department of Daowai District, Harbin. organization Schedule July 2013 Typical cases of factories and mines resettlement in Jiamusi 113 Resettlement Plan for Harbin-Jiamusi Railway Table 6-9 Resettlement Plan for Ronghua Machinery Manufacturing Co., Ltd. Item Content This factory is a private enterprise that locates in west of Jiamusi Station. It is located at a place on the line 334km away from the starting point of Harbin-Jiamusi Railway. It is a private enterprise. Factory director: Chu Wenhui; Tel: 18604541188 Basic Situation There are 140 workers on the job. A small amount of its employees are contract workers while most are temporary labors. It covers an area of 6 mu and has an annual output of 20 million yuan. 3,235 m2 will be demolished. Demolition 6 mu for land acquisition and 3,235 m2 for demolition. Impact Through negotiation, the factory directory agrees on monetary compensation and Negotiation and approves to invite an independent specialized assessment organization to make an Decision-making evaluation and determine the amount of compensation. The local government will assist him in renting an unused plant nearby to restore production in time. Paying compensation to the enterprise. The compensation for the affected enterprise is calculated based on the reconstruction cost of architecture, equipment and its appendages. Resettlement Measures The compensation includes (enterprise and equipment) relocation fee and income loss during shutdown or output reduction period. Budget According to the willingness of the enterprise, the local government will actively assist the enterprise to rent an unused plant in Hangman Street near the original factory site, where there are many unused plants and sufficient options, so as to guarantee reconstruction and restore production and operation in time. Besides, the local government will provide and improve employment opportunities for affected employees. Budget Total investment: 20 million yuan Implementation Resettlement department of Jiamusi organization Schedule July 2013 114 Resettlement Plan for Harbin-Jiamusi Railway 6.3.4 Resettlement Plan for Affected Infrastructure 196. The infrastructure like water conservation, electricity and road affected in the construction of Harbin-Jiamusi Railway project will be restored by the owner according to actual situation in the principle of facilitating and benefiting local living. 197. The project will impact all kinds of infrastructures and their appendages, including communication line, transmission line, roads, irrigation facilities, and drainage systems. When infrastructures are affected, the construction unit will repair the facilities or offer proper compensation for the facilities owners, service providers or agencies. The owner, together with local government and affected people, will determine the measures for restoration of affected infrastructure based on the field investigation in the project proposal design. The restoration of infrastructures is one of the essential conditions for the delivery acceptance of the project. 198. The affected infrastructures will be mainly restored in the following 3 ways: ■ The railway construction unit directly restores the infrastructures such as rural roads and farm-oriented channels during the construction; ■ The railway side invites a professional team to relocate the infrastructures such as communication facility and power facility and bears relevant expense; ■ The railway side pays compensation to affected parties for their self-reconstruction of some public infrastructures like drink water tower. 6.3.5 Resettlement of Vulnerable Groups 199. For especially impoverished population, single parent households managed by women, old and elderly people, disabled or sick people with no working capacity and ethnic minorities not living in communities, they will receive fair compensation and resettlement according to regulations and policies 200. During the relocation and resettlement period, governments at all levels will actively assist the 29 households of vulnerable groups. Specific measures: (1) providing materials and cash. Each household will be offered with 2,000-10,000 yuan subsidy to build new houses (e.g., in Yilan County, extremely poor households will get 4,000 yuan and the disabled without finance source will get 8,000 yuan/household; in Bin County, the household with Certificate of Minimum Living Guarantee for Urban Residents will get 2,000 yuan and the disable will get 10,000 yuan). This subsidy is special allowance for vulnerable groups who are affected by the demolition. (2) offering vehicles or pay for remover to help them make a move. (3) If they are not capable to build new houses, the governments at all levels will help them with relocation and resettlement. 115 Resettlement Plan for Harbin-Jiamusi Railway Chapter 7 Resettlement Implementation Plan 7.1 Implementation Procedures 201. A. Land Acquisition and Compensation Collaboration between relevant agencies is needed during land acquisition and resettlement. Detailed procedures are as follows: a. The Third Railway Survey and Design Institute should provide detailed drawing about land acquisition scope and specify the scope and amount of land acquisition. b. The Harbin-Jiamusi Railway Company will apply to the land management departments for land acquisition right. c. Confirmation of acquisition application d. Harbin-Jiamusi Railway Company will consult with relevant land management department for issues on land application; both sides will sign a land acquisition contract and handle procedures for land use. e. District and county land management departments and related towns, villages and groups have field confirmation of the scope and the amount of land acquisition. f. District and county land management departments and related towns, villages and groups sign a land acquisition contract. g. Allocation of compensation; h. Legal procedures; i. Commencement of land acquisition. 202. B. Production restoration and compensation allocation 203. Resettlement and production rehabilitation will be implemented by the village committee. The working procedures are as follows: a. Holding a village assembly and discussing the resettlement plan with village representatives; b. Publicizing the resettlement plan to solicit the views of all villagers; c. Payment of compensation 204. C. House demolition and reconstruction The procedure of house relocation and reconstruction: a. The Third Railway Survey and Design Institute will decide the scope of house demolition. 116 Resettlement Plan for Harbin-Jiamusi Railway b. District/county, town, village and group hold field investigations of the number and quality of houses to be demolished. c. District/countygovernments consult with the village and town committees on the compensation standards; agreement on the compensation standards is signed; d. District/countygovernments and the village and town committees sign a contract on house demolition compensation. e. Town resettlement groups publicize the amount of the demolition of houses, compensation standards and demolition date and solicit the views of the relocatees; f. Town resettlement group, village, village group and relocatees sign a demolition contract. g. Town or district committees distribute the homestead land to the relocatees; h. Relocatees obtain compensation fee; i. Relocatees build new houses and move in new homes. j. Relocatees demolish their old houses. 7.2 Schedule 205. The schedule of land acquisition and resettlement depends on that of the railway construction. The following principles will be followed: (1) Housing demolition will be carried out by stage, but it must be completed before the starting of the stage’s construction. Specific demolition schedule is in accordance with the speed of project construction. (2) The notice of demolition should be given to the relocatees at least 3 months in advance. Thus, the relocatees could have at least 3 months to reconstruct their homes. The relocatees can stay in their old house before the new one is constructed. (3) The duration of the relocatees’reconstruction may be extended if necessary; (4) Land acquisition should be completed before the construction of the Railway Line starts; (5) Labor employment is completed before land requisition; 206. The construction period of this project is about 4 years. Land acquisition and demolition are planned to begin in 2013 and end in 2014. Specific schedule for land acquisition and demolition is in accordance with the speed of project construction. Details are shown in Table 7-1. 117 Resettlement Plan for Harbin-Jiamusi Railway Table 7-1 Resettlement Schedule Action Participant Time Project preparation and 2009.5-2013.12 The Third Railway Survey and Design Institute preliminary design Confirmation of planned expropriated land (including Local land management department, local project temporary land acquisition) office, township committee, village committee, 2014.2-2014.5 and railway construction unit Investigation and confirmation of Local land management department, local project demolished land (including 2014.2-2014.5 office, township committee, village committee, housing appendages); and railway construction unit investigation of the resettlement Local land management department, local project office, township committee, village committee, Consultation meeting and relocated household, railway construction unit, 2014.2-2014.9 resettlement meeting are held the Third Railway Survey and Design Institute Local land management department, local project office, township committee, village committee, Detailed planning for relocated household, railway construction unit, compensation and resettlement the Third Railway Survey and Design Institute, 2014.2-2014.9 (including new homestead land)); the Ministry of Railways project staff training Pre-land acquisition plan Land and resources department 2013.12 Local land management department, local project Publicity of the resettlement plan 2014.1 office, township committee, village committee, to the relocatees relocated household, railway construction unit The signing of land acquisition Local railway bureau, local land management contract and resettlement contract department, local project office, township 2014.5-2014.9 with villages and relocated committee, village committee, relocated households household Railway construction unit, local railway bureau, Allocation of compensation affected village, relocated household, affected 2014.6 -2014.10 enterprises Affected village, railway construction unit, local 2014.7-2015.5 Resettlement and reconstruction railway bureau, affected village Rehabilitation of production and Relocated household, township committee, 2014.7-2015.5 living village committee, railway construction unit Data source: government document and project planning 118 Resettlement Plan for Harbin-Jiamusi Railway 7.3 The Appropriation of Funds 7.3.1. Principles for Appropriation 207. A. All costs associated with land acquisition and resettlement will be included in the total estimated cost of the project. The compensation fees and other costs will be delivered from the preparatory group of the Harbin-Jiamusi Railway Company to local Project Coordination Offices. Through them, the money will be allocated to relevant units and personnel; B. Housing compensation will be paid to the relocated households before their reconstruction. The payment will be given in several phases; C. Compensation for other facilities will be paid 3 months prior to the acquisition D. Project management departments at all levels should establish their own finance institution in order to supervise the appropriation of all the funds and ensure all compensations are allocated rightly. 7.3.2. Authorities Responsible for the Management of Funds 208. A. The authorities responsible for the management of land acquisition compensation include provincial or city resettlement offices, county or district coordination offices, and village committees. B. The authorities responsible for the management of resettlement compensation include provincial or city resettlement offices and county or district coordination offices. C. All the compensation is allocated from higher authority to lower authority. Authorities at all levels will enforce the financial settlement and audit. They will keep regular inspection and reporting on the allocation and use of funds. Furthermore, they will respond to eventualities and bring up effective remedial measures as soon as possible so as to ensure the normal allocation and use of money. 7.3.3. Funds Flow 209. A. In accordance with established compensation policy and compensation standards, provincial or municipal resettlement office will coordinate with the district or county coordination office (Resettlement Office). Both sides will sign the "Housing Demolition Agreement" and "Land Acquisition Agreement". B. District or county coordination office will sign a compensation agreement with the village where there are relocatees. C. Provincial or city resettlement office will grant the approved compensation through banks to district or county resettlement office within the agreed period of time. Then, district or county resettlement office will reallocate the money to the relocates. D. Provincial or city resettlement office will grant the compensation for young crops to district or county resettlement office according to the agreement. Then, district or county resettlement office will reallocate the money to the relocates. The process of funds flow is shown in Figure 1. 119 Resettlement Plan for Harbin-Jiamusi Railway Figure 1 Funds Flow Compensation for land Affected village or acquisition District household or County Resettlement fee Resettle Affected -ment household Compensation for young Office crops and ground Affected attachments household Compensation for housing Affected and auxiliary facilities household Pro -vi Affected Compensation for n-ci household temporary acquisition al Affected or household Relocation subsidy city res ettl Affected household Compensation for e-m or enterprise business loss ent Design and planning fee offi ce Design institution Resettlement planning Planning agency fee Monitor and assessment Supervision agency fee And assessment agency agency and Skill training fee Skill training institution Implementation and Management fee Resettlement institution Land acquisition Land Bureau management fee 120 Resettlement Plan for Harbin-Jiamusi Railway Chapter 8 Organizational Structure 8.1 Organizational Framework 210. To complete the work of land acquisition, demolition and resettlement of the project, it is planned to establish a resettlement organization network. The network transverses among the China Railway Corporation (including all contractors and subordinating entities) and local governmental departments. These organizations include land acquisition demolition teams of all contractors and coordination agency at the different levels of local governments. 211. Currently, some local governments along the railway line have set up leadership organizations for the railway construction. The leadership organizations are headed by leaders of governments and members include persons-in-charge of departments. Although there are no such leadership organizations in other areas, local governments of every level expresses that relevant work during the preparation period will be handled by the Development and Reformation Committees of every levels. The local governments will establish offices for supporting the construction work of the railway line or such similar organizations to implement the railway construction and resettlement arrangement. See Figure 2 for operation of the organizations. 212. Resettlement organizations under the implementation organization Harbin-Jiamusi Railway Company Land acquisition and demolition teams of contractors participating in the project; Design members of the Third Railway Survey & Design Institute Group Co., Ltd. 213. Resettlement organizations under the local government departments: Heilongjiang Provincial Commission of Development and Reform Provinicial Department of National Land and Resources Harbin Municipal Commission of Development and Reform Harbin Municipal Bureau of National Land and Resources Jiamusi City Commission of Development and ReformJiamusi City Bureau of Natioal Land and Resources Department of Development and Reform and Railway Supporting Offices of involved counties (cities and districts) Bureau of National Land and Resources f involved counties and districts Land requisition and demolition team in affected towns and villages 121 Resettlement Plan for Harbin-Jiamusi Railway Harbin-Jiamusi Railway Company (resettlement office established within the World Bank Company) Harbin-Jiamusi Heilongjiang Provincial Railway project Project Resettlement leadership group Office Resettlement offices in Resettlement leadership two cities groups of the two cities External monitoring and evaluating organization Resettlement leadership Resettlement offices of 3 counties and 7 districts groups of involved counties (districts) Resettlement offices of townships (towns) Village committees and various village groups Figure 2 Resettlement Organization Chart 8.2 Responsibilities of Organizations 214. Village committees and villagers groups: To implement village-level plans concerning production and living, social security, agricultural residents changing to non-agricultural residents, vocational training of farmers and non-agricultural residents employment under the guidance and supervision on resettlement of the higher and relevant departments. 215. Township-level resettlement offices: To implement the measurement and confirmation of land, houses and attachments and relevant relocations under the leadership of the county-level resettlement office; to review, approve and supervise the village-level implementation of plans concerning production and living, social security, agricultural residents changing to non-agricultural residents, vocational training of farmers and non-agricultural residents employment. 122 Resettlement Plan for Harbin-Jiamusi Railway 216. County-level resettlement offices: Be responsible for the compensation, review and approval of the resettlement location construction plans under the leadership of municipal resettlement office; organize the implementation of specific implementation of the project resettlement arrangement plan in this county. In charge of the instruction and supervision of village-level implementation of plans concerning production and living, social security, agricultural residents changing to non-agricultural residents, vocational training of farmers and non-agricultural residents employment; at the same time be responsible for the relevant coordination and cooperation issues concerning resettlement during the implementation of the project. Be responsible for preparation and submission of quarterly resettlement internal monitoring report. Before assessment, ensure at least 3 full-time persons are in place, and define a full-time director for resettlement office and maintain its relative stability, with its replacement subject to the opinion of the World Bank.  County Land Resources Bureau is responsible for the approval of specific land acquisition, and payment of land acquisition compensation;  County Labor and Social Security Bureau is responsible for instructing land acquisition affected villages to make plans concerning production and living, social security, agricultural residents changing to non-agricultural residents, vocational training of farmers and non-agricultural residents employment, and shares the responsibility with the affected villages over implementation of the plans;  County Agriculture Bureau is responsible for the agricultural skill training of the land affected people;  County Construction Bureau is responsible for the approval of the construction plans of demolition and resettlement, and the supervision of the implementation. 217. City/prefecture level resettlement offices are responsible for the land acquisition, demolition, resettlement of resettlers and administration of funds of areas within its jurisdiction. They are also to coordinate and cooperate with the railway line to collect and summarize relevant land acquisition statistics, coordination and administration of any problems regarding the project. 218. Provincial level resettlement leading group (with team leader who is in charge of the province or appointed person as group leader, team members from Committees of Development and Reformation, Department of Land and Resources, Human Resources, Civil Administration, Electric Power Bureaus, Security Departments, Industrial and Agricultural Departments and etc) is responsible for formulating macro policies, negotiating with the China Railway Corporation, coordinating and cooperating with departments of all levels and formulating the compensation standard. 219. Provincial level resettlement office is responsible for resettlement implementation and management and resettlement capital allocation; resettlement internal monitoring, and preparation and submission of quarterly resettlement internal monitoring report in the resettlement implementation of the project of this province. The office shall be established before assessment, and provided with at least 3 full-time resettlement staff. 220. The Transportation Division of the Provincial Committee of Development and Reformation is the standing department of the government responsible for macro administration. It is responsible for the study of development of transportation and important strategic topics and measures of policies; formulate long-term plans for construction of transportation and economic development, planning of specialized projects and annual plans; approve and report to higher levels on basic transportation projects; examine and supervise collection and usage condition of all transportation funds; responsible for the balance of the capability of different transportation models; coordinate key problems amongst the implementation of transportation plans and etc. The Transportation Division shall be responsible for all kinds of coordination and preparation work during the preparation period of this project. 221. Land acquisition teams of contractors in every construction section along the railway line are responsible for submitting reports of land acquisition for approval. They are also responsible for reporting 123 Resettlement Plan for Harbin-Jiamusi Railway daily work and progress of the construction to the Department of Land and Resources, and also handle sudden matters or emergencies. Land acquisition teams of the contractors of the railway line are responsible for planning the use of land for construction. They are also responsible for coordinating work with the Department of Land and Resources and county level Railway—construction Supporting Offices. 222. Resettlement office of the preparation team of Harbin-Jiamusi Railway Passenger Dedicated Line Corporation of the China Railway Corporation are responsible for land acquisition and resettlement of resettlers of the project; negotiating and corroborating with provincial levels Committees of Development and Reformation/Railway Construction Support Offices; paying for the resettlement funds; and conducting internal monitoring within the construction period of the project. The office shall be established before assessment, and provided with at least 3 full-time resettlement staff. 223. The Centre of Foreign Capital of the China Railway Corporation will be responsible for coordinating the formulation of the resettlement plan of the project. They are also responsible for the administration work of the socioeconomic survey analysis conducted by consulting professionals and the design institutes. The Centre of Foreign Capital is also responsible for coordinating the submission of monitoring reports to World Bank. 224. Designing teams of The Third Railway Survey & Design Institute Group Co., Ltd. are responsible for surveying and making measurements of land to be acquisitioned, houses to be demolished and the number and types of other attachments and basic infrastructures during the stages of research for feasibility, preliminary design and implementation. They are also responsible for formulating the estimated expenses for land acquisition, demolition and resettlement of resettlers. 8.3 High-level coordination 225. The Centre of Foreign Capital of the China Railway Corporation is a higher coordination organization. It is responsible for relevant work during the preparation stage of the project and resettlement of resettlers. It is also responsible for monitoring and evaluating work during the implementation and after the completion of the project. 226. The Harbin-Jiamusi Railway Company should carry out responsibilities of the project owner on behalf of the China Railway Corporation. They are to closely corroborate and cooperate with the Committees of Development and Reformation/Railway Construction Supporting Offices of the Heilongjiang Province; arrange close corroboration work between land acquisition and demolition department with the Railway Construction Supporting Offices, handle matters regarding land acquisition, demolition and resettlement of resettlers. The company should sign the RAP Commitment Agreement with the provincial government on behalf of the China Railway Corporation. 227. The Heilongjiang Provincial Committee of Development and Reformation, Provincial Bureau of National Land and Resources and Railway Construction Supporting Offices are responsible for negotiating with the China Railway Corporation on major problems; they are also responsible for formulating macro policies on resettlement of resettlers. 228. Committees of Development and Reformation/Railway Construction Supporting Offices of involving cities are responsible for the implementation of the resettlement plan, coordinate administration work and coordination with the railway departments. 8.4 Institutional capability and training 229. Committees of Development and Reformation and Land and Resource Bureaus of local governments have collected rich and abundant experiences in the construction of large scale basic infrastructure 124 Resettlement Plan for Harbin-Jiamusi Railway projects such as municipal works and expressways (e.g. Harbin-Dalian Railways and Harbin-Qiqihar Railway under construction). Relevant personnel have mastered regulations and policies of land acquisition, demolition and resettlement of the state and province. They are quite familiar with World Bank Policies on Involuntary Resettlers. It is apparent officials of governments of prefectures are familiar with laws of the People's Republic of China and the requirements of resettlement and compensation policies of World Bank. These officials clearly knows that there is one target reflected from the laws of the People’s Republic of China and World Bank Policies and that is the living standards of the affected people will at least be maintained the same after the construction of the project as prior the construction. 230. To ensure the implementation of the resettlement and the benefit of the affected population, it is necessary to provide specialized training for the implementing organizations, local Railway Construction Supporting Office and members of other organizations to strengthen their planning and administrating capabilities. The training work will be taken by Harbin-Jiamusi Railway Company under the instruction of the Centre of Foreign Capital of the China Railway Corporation. The training expenses will be undertaken by the Company. The qualified experts with the large experience of resettlement action in World Bank projects will be retained as instructors. The trainers can be divided into 2 kinds: one group can be organized for involved personnel of two cities; the other group can be organized for involved executors of every county by the county itself before implementation of this project. Main contents of the training include � Relevant state and local laws and regulations regarding land acquisition and immigration � World Bank’s policies and requirements. � RAP � Procedure and experience of resettlement and land acquisition 231. The expense of resettlement organization for governments of all levels can be from the special management fee of this project, normally 2-3% of the total cost for resettlement. The training fee is also included in the special management fee. Detailed training plan seen in Table 8-1 Table 8-1 Training Plan for Major Staff in Resettlement Agencies Hosting Time Venue Trainers Participants Training Programs organization 1. Laws and regulations on land requisition and resettlement at the national and local levels World Leaders and key personnel Bank responsible for resettlement 2. policy and regulations of the Heilongjiang Harbin-Jiamusi officials from provincial world bank 2013.2 Railway and government, Harbin, Jiamusi and all affected 3. RAP Province Company experts, local counties and districts; experts leaders and key personnel responsible for resettlement 4. Procedures and experience on from railway headquarters resettlement and land acquisition and construction unit. Resettlement 1. Laws and regulations on land All affected departments of Leaders and key personnel requisition and resettlement at the Relevant 2013.2 counties and all affected from the affected towns, national and local levels experts districts counties and townships and villages. districts 2. Policy and regulations of the 125 Resettlement Plan for Harbin-Jiamusi Railway world bank 3. RAP 4. Procedures and experience on resettlement and land acquisition Chapter 9 Consultation, Grievance and Participation 9.1 Consultation 9.1.1 Stakeholders 9.1.1.1 Identification of project stakeholders 232. In accordance with the feasibility study conducted by the Third Railway Survey and Design Institute Group Limited (TSDI), stakeholders of this project are identified as follows: � China Railway Corporation: Project owner, funder, and the World Bank loan borrower � The Harbin-Jiamusi Railway Company: The special project implementation agency set up by the China Railway Corporation � Heilongjiang Provincial People's Government: one of the project owners, invest with its local fiscal revenue on land acquisition, demolition and resettlement � Project-affected cities, counties/districts and township governments: be responsible for the specific implementation of land acquisition, removal and resettlement in respective areas; � World Bank: provide loans for the project; � Project-affected enterprises and institutes: refer to project-affected enterprises, institutions and commercial shops, etc.; � Project-affected villages and individuals: include village collectives and individuals affected by the land acquisition, demolition and resettlement; � Constructor: the project contractor responsible for the construction of the project. 9.1.1.2 Analysis on major stakeholders � China Railway Corporation 233. The China Railway Corporation is the highest administrative department in charge of the construction, development, operation and management of China's national railway transport. In this project, the China Railway Corporation is the main funder as well as the World Bank loan borrower, shouldering the responsibility to supervise and manage the implementation of the project. 126 Resettlement Plan for Harbin-Jiamusi Railway � Harbin-Jiamusi Railway Company 234. Harbin-Jiamusi Railway Company is set up especially by the China Railway Corporation to manage the project. The Preparatory Organization is responsible for the project bidding, supervision over the implementation of the project contractor. The organization also undertakes the task to coordinate with local governments and relevant agencies to jointly fulfill the land acquisition, demolition and resettlement during the implementation of the project. 235. Land acquisition, demolition, resettlement and construction are major activities among the functions of the Preparatory Organization, which is directly related to the benefits of the project-affected collectives and individuals. The Company, on the one hand, must perform its functions to strictly supervise the safety of the project, regulate construction, and protect the production and living facilities of the affected villages and villagers. Once the facilities are used by the project, the organization should ensure that reasonable compensation is made, facilities are returned immediately; once the facilities are damaged they should be compensated accordingly and restored. Also the organization, together with the local government, shall properly carry out the land acquisition, demolition and resettlement, and ensure the affected farmers get the full compensation. On the other hand, the company should accept the supervision of the China Railway Corporation, local government and villages along the line; ensure to perform its functions in accordance with national and local policies and regulations; stick to the principle of "unlimited inform and consult in early phase", properly handle all possible problems concerning the rights and interests of the affected villages and villagers along the line during construction, protect the interests of the affected collectives and individuals as well as the project image. � Provincial government 236. The provincial government is the investor as well as beneficiary of the project, taking its local fiscal revenue on land acquisition, demolition and resettlement as investment. The government not only shoulders the cost of land acquisition, demolition and resettlement and ensures the construction team's implementation, but also shoulders the important duty to protect the rights and interests of the village groups and villagers. Therefore, the government should emphasize the coordination between the constructor and the affected collectives and individuals along the line, and properly solve any possible disputes and conflicts. It should also pay the affected farmers the full compensation of land acquisition, demolition and resettlement, arrange homesteads timely. The government should strengthen communications and coordination and provide proper solutions to sensitive compensation standard problems concerning the vital interests of the affected collectives and individuals; it should attach great importance to any problems left behind in the past and may interfere with the current project. Through consultation with relevant parties the government should provide a practical solution and reduce obstacle for the grassroots government. 237. Through field investigation it is learned that the provincial government has profound experience in implementing or coordinating of the construction of railways, highways, high-voltage transmission lines, pipelines and other important projects for nearly 20 years. The Provincial Railways Construction Office was especially set up to do preparatory work will also contribute to a skilled team and extensive project experience. � Project-affected cities, counties / districts and township governments 238. Project-affected city, county and township governments are beneficiaries of the project, and also shoulder the territorial responsibility for the preparation and construction in every stage of the project. Their major tasks are to ensure the specific implementation of land acquisition, demolition and resettlement, the release of compensation, to keep order of the construction, to meditate any disputes and conflicts caused by the project, and to maintain local social order, and the rights and interests of affected businesses and residents and so on. Though these governments of different levels enjoy little power but shoulder very important responsibilities. Therefore, on the one hand, they must observe national and local policies and regulations and rightly perform their duties; on the other hand, because they're familiar with 127 Resettlement Plan for Harbin-Jiamusi Railway local customs and conditions as well as the laws, regulations and policies, they must make full use of these advantages to play their roles in coordination, communication and conflict resolution. 239. Through field investigation it is found that cadres appointed by government of all levels to assist the project, especially those appointed by the governments they're working in, have very good understanding of the project. They are well aware of potential risks and the difficulties to perform their duties. Besides they have deep understanding of local customs and conditions and are very familiar and trusted by the masses. These are the important precondition for them to do contributions to the project. � World Bank 240. World Bank is one of the loan providers of the project. Its contribution to the project is not limited to the loans. World Bank will specially set up a team to help owners implement the project and reduce the risks of loans. With its relevant operation policies and extensive experience in international projects, the team will strictly supervise and instruct the preparation, implementation of the project and also the operation and management of the later stages of the project. World Bank insists its security policies be strictly carried out in the whole process, which not only helps improve the standards of the project both in policies and operation, but also plays an important role in reducing the potential risks of the project. � Project-affected villages and individuals: 241. Project-affected collectives refer to village groups by land acquisition, and enterprises and institutions affected by demolition. Project-affected individuals refer to villagers, urban residents, employees in enterprises and institutions and students affected by the project. The collectives and individuals can continuously enjoy the benefits of the project, such as convenient transportation and local development, and at the same time bear the potential negative impacts of the project directly. 242. Through field investigation, it is found that residents along the line, particularly rural residents generally have relevant project experience in early stage, and are informed of both positive and negative impacts of the project. They trust local governments and cadres, hoping to solve disputes and conflicts through equal consultation and negotiation. They believe the village committee can represent them, knowing how to protect their own interest through appealing to the government, other legal bodies, having a universal understanding and support of the project. They are generally concerned with the following issues: Can the affected farmers be fully compensated in time? Can homesteads be arranged timely and rightly for the households whose houses are demolished? Will their living standards be maintained and improved? Will relevant information be disclosed timely? Will their suggestion be respected and adopted? Will the project bring any hidden dangers to production and living and so on. � Constructor 243. Currently the project is still in the early stage of preparation. The owner said it would carry out public project bidding strictly observing the national and sectoral policies and regulations to ensure the contractor is qualified. It will also strengthen the supervision and management of the contractor. Based on the principle to benefit the communities and residents, the owner will also ask the contractor to give priority to local surplus labor in the recruitment and give priority to local resources and products when choosing raw materials. 9.1.2 Stage, Ways and Contents of Public Participation 244. Public participation of the project is reflected in: Public participation during the project preparation stage; Public participation during the implementation of land acquisition and resettlement; 128 Resettlement Plan for Harbin-Jiamusi Railway Public participation during construction; and Public participation for monitoring and appraisal after Project completion. 197. Contents and methods of public participation are respectively reflected through the following ways: Consultation; Resettlement meetings; On-the-spot investigation of the potential loss of material possessions and socioeconomic conditions; Comments and evaluation on the standard of compensation; Choice of locations for new buildings; Building of new houses by affected households; Investment of collective compensation; Income restoration assistance, advice and training for affected households. 198. Contents in the participation are mainly as follows: Village level: i) Village group leaders and villager representatives have been involved in investigating and confirming the amount of land to be acquired and the attachments. The participants in these investigations were the household heads, villager representatives, village cadres, the town RSOs, and the railway SDIs; iii) After the investigation is completed, the details of the expected loss of land, buildings, crops, etc. will be verified and confirmed by the affected persons. Compensation agreements will be signed by all the parties concerned with copies retained by the affected households, the RSOs of local governments, and the railway contractors; iii) The location of the new house site has significant impact on the villager’s future life and on his/her other business activities. The villagers usually hope to build their housing on both sides of highways so that they may engage in business. The Project will respect the villagers’ expectations, provide them with opportunities, and allow them a great deal of freedom in choosing new home sites. The Project also will give the affected villages sufficient room for adjustment and amelioration of their moving schedule which will reduce the need for temporary housing. Establishment of a set of monitoring mechanisms is directed against the procedures of practical implementation circumstances. Public participation is one of the most important and indispensable steps in the project survey and design. Following training, the project survey and design units will go to the construction sites and conduct in-depth investigations. They hold many types of negotiation and consultation meetings to gather comments and demands on the Project from all parties along the proposed alignment. Through many consultations, including signing contracts with the concerned departments of local governments along the rail line, solutions are found to issues, which must be settled before Project construction begins, such as water supply sources, drainage, sites for fill and disposal of spoil, and stone and sand supply. In addition, the survey and design specialists discuss issues of district interest and work out plans to handle these issues. Public participation is also an important aspect of Project evaluation. During compiling of the Resettlement Plan for the project, in-depth investigations were conducted by the Consultant to identify issues of common concern to the affected people. Questionnaire-based surveys and interviews along the rail line were conducted. People from provinces, prefectures, counties, townships and affected villages took part in the investigations and actions, so that they became clear about the Project. The households 129 Resettlement Plan for Harbin-Jiamusi Railway interviewed were cooperative and provided detailed data on the size of family, the area of household land, household income and expenditure, housing condition and the number of durable items. Households also indicated the impact they expected from land acquisition and housing demolition, and expressed their opinions about resettlement and their attitudes toward the construction of ZXR. This process will continue for the preparation of detailed resettlement plans and for resettlement implementation. The Project construction process is also the process of public participation. During construction, the rural farmers and urban citizens along the alignment will have job opportunities and participate in the construction. The materials used for the construction may be procured from local sources, which will have a positive impact on the local people, industries and enterprises. During and after the completion of the Project, the monitoring and the appraisal activities will also need public participation, in order to ensure that entitlements have been received as planned. The surveys and assessment for monitoring and appraisal will need public participation and support. As the resettlement census work program is implemented, public participation must be included as a component. Then public participation must become a component of the monitoring and evaluation program. 9.1.3 Participation in Preparation 9.1.3.1 Meetings in Preparation of Resettlement Plan 245. A lot of conferences were held by state, provincial and local departments during the design period (see Table 9-1). A lot of conferences were held also for representatives of enterprises. They represent enterprises that will benefit from the construction and operation of the project. The most important is the ascertaining of affected villages and urban neighborhoods. Aside from holding conferences with village residents, conferences were also held for representatives of schools and other institutions that may be affected. There were a series of problems that were discussed and evaluated regarding the number of affected people, institutions, schools and enterprises. The extent of impact was also discussed. For example: the number of people to be relocated; the amount of land to be requisitioned, and the compensation standards. From 2008 to 2012, the Third Railway Survey & Design Institute Group Co., Ltd. as the RAP preparatory and designer had conducted many investigations. 130 Resettlement Plan for Harbin-Jiamusi Railway Table 9-1 Stakeholders’ Meetings and Investigation Situation Number of Date District Organization Participants Content persons Different offices in Persons in charge municipal in different county Opinions on route 2009-6-20 Harbin government and offices and 22 direction and location design institute technical persons of new stations in design institute Different offices in Persons in charge county government in different county Opinions on route Yilan 2009-6-26 and design institute offices and 26 direction and location County technical persons of new stations in design institute Persons in charge Different offices in in different county Opinions on route Fangzhen 2009-7-3 county government offices and 30 direction and location g County and design institute technical persons of new stations in design institute Persons in charge Opinions on route Different offices in in different county direction and location Bin 2009-7-9 county government offices and 25 of new stations County and design institute technical persons in design institute Persons in charge Opinions on route Different offices in in different offices direction and location municipal 2009-6-25 Jiamusi and technical 31 of new stations government and persons in design design institute institute Affected villages, Affected villages, representative of Opinions on railway Districts office of national design institute construction and land 2009-6-10~8-15 along the 1850 land and resources and bureau of requisition and line and design institute national land and demolition resources City bureau of Persons in charge national land and Opinions on railway in different offices resources, women construction and land 2009-10-14 Harbin and technical 11 federation, bureau of requisition and persons in design civil affairs and demolition institute design institute Bureau of national Persons in charge land and resources, Opinions on railway in different offices Bin women federation, construction and land 2009-10-15 and technical 34 County bureau of civil requisition and persons in design affairs and design demolition institute institute Harbin city bureau Persons in charge Opinions on railway 2009-10-17 Fangzhen 28 of national land and in different offices construction and land 131 Resettlement Plan for Harbin-Jiamusi Railway g resources, women and technical requisition and federation and persons in design demolition County design institute institute Bureau of national Persons in charge land and resources, Opinions on railway in different offices Yilan women federation, construction and land 2009-10-18 and technical 34 County bureau of civil requisition and persons in design affairs and design demolition institute institute Attitude towards County head in railway construction, All departments of charge, responsible opinions on route Yilan county government persons of all 2012-5-14 30 direction, location of County and design departments, and new stations and land department representative of acquisition and design department relocation. Secretary of CPC Attitude towards Fangzhen All departments of county committee, railway construction, g responsible opinions on route county government 2012-5-15 persons of all 28 direction, location of and design departments, and new stations and land County department representative of acquisition and design department relocation. Competent department of Bin County Secretary of CPC Attitude towards Government, all county committee, railway construction, Binxi departments of responsible opinions on route Develop 2012-5-15 Development Zone persons of all 22 direction, location of ment Administration departments, and new stations and land Zone Committee, Binxi representative of acquisition and Local Railway design department relocation. property owner and design department Secretary of CPC Attitude towards county committee, railway construction, All departments of responsible opinions on route Bin county government 2012-5-17 persons of all 25 direction, location of County and design departments, and new stations and land department representative of acquisition and design department relocation. Secretary of CPC Attitude towards district committee, railway construction, All departments of responsible opinions on route Jiamusi city government and 2012-5-23 persons of all 38 direction, location of City leaders from district departments, and new stations and land and county representative of acquisition and design department relocation. Center of Foreign Responsible Attitude towards Harbin 2012-8-2 Capital of the China persons of all 45 railway construction, City Railway departments opinions on land 132 Resettlement Plan for Harbin-Jiamusi Railway Corporation, all acquisition and departments of relocation and provincial, city and promotion for county resettlement plan. governments, Harbin-Jiamusi Railway Company, design institute and resettlement planning unit. Data source: data compilation provided by design institutes 246. In the process of the preparation for land acquisition, housing demolition and resettlement, consultations and meetings have been conducted by the Consultant and will be conducted during the Project’s implementation. Consultations will be mainly held between: China Railway Corporation and the affected provinces, prefectures and county governments; The railway contractors and prefectures, and county governments along the rail line; The local RSOs, local Bureaus of Land and Resources and the affected villages and groups; The local RSOs, villages/groups and farmer households. 247. The content of the consultations will mainly involve the compensation standard for land acquisition and building demolition, the location and the means of new building construction, the schedule of removal, use of compensation fee and the resettlement methods, etc. 248. In the preparation and implementation stages of land acquisition and building demolition for the Project, the local government and the affected people, the railway support institutions at different levels, the railway sector and the local sectors will constantly hold various types of meetings, including: Villager meetings to be held in the villages or groups; Consultation meetings with the affected families to be held at the county, the township and the village levels; Meetings of the village cadres and villager representatives to be held at the county and the township levels; Negotiation meetings on the resettlement plans to be held between the RSOs at the county and the township level; Working level meetings to be often held between the RSOs and removal groups of the Project contractors; and Meetings to be held between the prefecture RSO and the county RSO. At the stage of project preparation, the resettlement implementation organization will arrange public participation meetings to make all affected households have chance to discuss compensation issues before signing relocation compensation agreements. For the specific public participation process and plan, see Table 9-2. 133 Resettlement Plan for Harbin-Jiamusi Railway Table 9-2 Affected People’s Participation at Preparation Stage Time Site Participants Contents Main Findings Necessity of project All Design unit, construction, sub-districts/towns environmental proposal October (townships) and evaluation unit, and negotiation, Project implementation plan 2011---August residential resettlement environment has been determined 2012 communities/villages implementation impact within the project organization investigation scope and public participation ○ 1 Compensation and resettlement policy: according Resettlement to latest national and local socio-economic policies; ② resettlement plan: Design unit, investigation, most households affected by affected residents, project land acquisition hope for land and responsible influence scope resettlement. 28 old people All persons of and physical voluntarily subscribe social sub-districts/towns implementation quantity insurance for land-losing December (townships) and organization for investigation, farmers. The houses available 2011---March residential land acquisition resettlement for property right replacement 2012 communities/villages and relocation; policies are types with small area, but within the project relevant consultation the original houses of these scope government and households are large. Most of institutions like negotiation, them are willing to select land and resources and bureau resettlement monetary compensation. ③ If plan getting reasonable investigation compensation, affected people will support the construction of the project. Compensation Design unit, and demolition office resettlement and government July 2012 Design unit policies and institutions like resettlement land and resources plan bureau optimization July 2012 Selection of compensation Design unit, and resettlement resettlement implementation Affected villages express plan, Villages and groups organization, main support for the project, approve resettlement affected by land responsible persons the resettlement policies, and policies acquisition of affected villages hope for compensation and communication and groups, and resettlement in time. and migrant negotiation, representatives. and learning opinions on 134 Resettlement Plan for Harbin-Jiamusi Railway Time Site Participants Contents Main Findings project and resettlement. July 2012 Design unit, Individual resettlement problems in Individual problems have been Scope of influence implementation resettlement additionally negotiated when of land acquisition unit and affected policies and finalizing the resettlement plan. people plan 9.1.4 Public Opinion Survey 249. In October 2009, the organization responsible for formulating the RAP conducted a relatively large scale survey on opinions of the society. Through random taking of samples, the opinions of 135 people were collected. This is to identify with the opinions of the public in relevant villages with regards the project construction, land acquisition, demolition and resettlement. See Table 9-3 and 9-4 for results on relevant public and resettlers' opinions. 250. On the overall, majority of the people acknowledged the information that the project is to start construction and expresses they are in favor of the project construction. Over half of the survey individuals (72.34% understood the Harbin-Jiamusi Railway project is to be constructed, but there are still some who did not understand (10.64%); A large number of people expresses they are in favor of the project construction (82.22%) while 8.89%% disapproves. 8.89% are indifferent; 251. The people also clearly expresses that they are worried about the impact of land acquisition and demolition on their lives. When questioned about impacts, 57.63% of the people considered the project will improve transportation conditions and traveling will become more convenient; 6.78% of the people considered that project will affect the local investment environment: attract outside investors to invest locally and thus create more chances for the people; 252. As compensation policies for land acquisition and demolition have not be finalized, a portion of the surveyed targets (4.55%) expressed they understood relevant compensation policies for land acquisition, but over ½ of the people (70.45%) are not very clear on the policies; nevertheless, more than one third of the people (35.56%) expressed that they understood methods of appeal to safeguard their legal rights. 253. Surveyed targets put forward various suggestions while revolving around their worries (see Table 9-4 for details). 94% of the people hoped the railway line will not possess their land and houses. Most of the people suggested increasing the existing compensation standard, realizing resettlement in nearby areas and improving their living standards. It is obvious that the people are very concerned of whether compensation for land acquisition and demolition would be according state policies and would be promptly made according to procedures. They requested that resettlement departments ensure the living standards of the affected people. These suggestions reflect that the public has high hopes regarding resettlement for land acquisition and demolition. 135 Resettlement Plan for Harbin-Jiamusi Railway Table 9-3 Statistics Table of Public Opinion Survey Unit: people % No Questions Options Percentage （1）clear 72.34% Are you clear that the project will be 1 （2）not so clear 17.02% constructed soon? （3）unclear 10.64% （ 1 ） documents issued by the upper 0.00% government （2）from other residents 83.33% 2 How do you know about the project? （3）from TV and radios 16.67% （ 4 ） impacts on local investment 0.00% environment （1）agree 82.22% Do you agree to the construction of 3 （2）disagree 8.89% the project? （3）not to matter 8.89% （1) the state 44.44% Who do you think the project will 4 （2）the state 17.46% benefit? （multi-choice allowed）？ （3）the individual 38.10% （1）passenger transport 57.63% （2）goods transport 13.56% （ 3 ） possibilities of employment and 5.08% What do you think is the maximum becoming rich 5 benefit to you? （ 4 ） impacts on local investment 6.78% environment （5） household incomes 11.86% （6） no benefits 5.08% （1）no impacts 20.00% （2） impacts on traffic conditions caused by 3.64% construction What kind of impacts will be caused （ 3 ） economic losses caused by housing 6 54.55% by the line? demolition （4）reduced economic revenues caused by 12.73% land requisition （5）other impacts 9.09% 7 What is the most favorable approach （1） monetary 49.09% 136 Resettlement Plan for Harbin-Jiamusi Railway of land requisition and resettlement （2）land readjustment 30.91% （3）social assurance 1.82% （4）others 3.64% （1） monetary 57.78% Your actual approach of land （2）land readjustment 20.00% 8 requisition and resettlement （3）social assurance 0.00% （4）others 4.44% （1） concentrated resettlement 4.35% （2）unconcentrated resettlement 23.91% What is the most favorable approach 9 （3）monetary resettlement 50.00% of demolition and resettlement （4）new housing replacement 21.74% （5）others 0.00% （1） concentrated resettlement 4.65% （2）unconcentrated resettlement 25.58% Your actual approach of demolition 10 （3）monetary resettlement 32.56% and resettlement （4）new housing replacement 23.26% （5）others 4.65% （1）pay in time 11.11% What’s your requirements on 11 （2）pay in full amount 75.56% compensation funds （3）compensation standard requirement 4.44% （1）clear 4.55% Are you clear about land requisition 12 （2）not so clear 25.00% and demolition compensation policies （3）unclear 70.45% Do you know how to appeal when （1）clear 35.56% your legal rights are invaded in the 13 process of land requisition and （2）unclear 64.44% demolition? Data source: field investigation 137 Resettlement Plan for Harbin-Jiamusi Railway Table 9-4 Statistics Table of Public Opinions and Suggestions N Percent o Questions Options age below 50 m2 3.51% 50-80 m2 9.65% 1 Housing conditions 80-120 m2 12.3% 89.54 120m2 above % Purchase of commercial 10.49 % houses at own expenses 2 Type of housing Publicly owned housing 0 Building of houses on 89.51 % owned house sites Below 2000 1% 2000-4000 98% 3 Prices of local commercial houses (yuan/m2) 4000-6000 1% Above 6000 0 Paid by railway bureaus through 0 local government 4 Preferred payment approach of compensation fees Directly paid by railway bureaus 100% Others 0 Improve moderately 100% 5 Expected living standard after resettlement Keep unchanged 0 Decline moderately 0 Resettlement in the nearest 95% possible areas 6 If removal and resettled, you expect Relocation in other areas 1% To their own preferences 4% 85.63 Appeal to upper governments % If unsatisfied with land requisition, removal and 7 resettlement, your preferred measures Obstruct the construction 1.32% Protect rights by legal means 13.05 Data source: field investigation 138 Resettlement Plan for Harbin-Jiamusi Railway 9.1.5 Participation Plan in Implementation Stage 254. During the period of negotiation on land acquisition, every village or group will hold the following two types of meetings: Meetings of the villager representatives held by the county or the town land administration departments. The themes of such meetings are to make clear the significance of the Project; the area, location, and the time of land acquisition; and the state and province laws, policies and regulations about land acquisition. Such meetings are often held during the consultation and negotiation on land acquisition for a project. Meetings of all the villagers to be held by the village assembly with all the villagers or the heads of households as participants at one month before making decisions. The themes of these meetings are to explain state and provincial regulations and policies and World Bank Policy; the area and amount of land acquisition; the standards of compensation; measures of rebuilding and people resettlement; rehabilitation plans for income restoration; allocation of compensation between the collective and affected households; investment of collective compensation; living training needs and plans; and other issues identified during the consultative process. At each meeting opinions, suggestions, and complaints from the villagers are to be collected. Such meetings are often held during the period of land acquisition, implementation, and signing of contracts on compensation. A public meeting is to be arranged for affected people and relevant beneficiaries in their village or another easily accessible location at least one month prior to the implementation of the resettlement. The area of the expropriated land and the amount of land attachment of each household will be confirmed. Details should be noticed publicly; each party should sign to confirm the amount of the physical impact of announcement; after the area of the expropriated land and the amount of land attachment are confirmed and agreed, both sides will sign on a compensation contract; compensation for expropriated land will directly allocate to the affected villagers according to the compensation contract signed by both sides. The China Railway Corporation, local government resettlement offices and the World Bank will regularly supervise the detailed planning process at village level and their implementation. These will also be regularly covered in the project internal progress report as well as the independent monitoring reports. Above process ensures full consideration for the views of the affected villagers, and benefit of affected villagers are guaranteed. 9.2 Publicity and Information Dissemination 255. Publicity and information dissemination on the Project opening started at the Project preparatory stage. The purposes and significance of the Project, the time and location of the Project construction components, as well as the relevant state and World Bank policies concerning land acquisition and housing demolition by the governments at the provincial, prefecture and county levels will be all publicized in various media, such as newspapers, broadcasting, TV, and magazines. These activities are aimed at letting the local residents know the relevant issues concerning land acquisition and building demolition for the Project. 256. Unified land acquisition and housing demolition notices will be publicized to all the affected people before implementing the demolition and relocation. The purpose is to make the public become familiar with the issues related to land acquisition and housing demolition, land acquisition scope, policies of compensation and resettlement, regulations of residence registration, and the prohibition on planting unplanned crops. 257. A Resettlement Information Booklet is being prepared and will be distributed to all affected villages through the land acquisition and resettlement supporting offices of local government one month before implementation of RAP. The Booklet will include a detailed description of many contents such as the scope, procedures, principles, unit values of compensation, and grievance mechanisms associated with the Project’s land acquisition, building demolition, and resettlement. 139 Resettlement Plan for Harbin-Jiamusi Railway 258. The resettles’ meetings are another essential way of message dissemination. The purpose of such meetings is to let the participants know the implementation of land acquisition, policies and standards of compensation, the strategies of housing rebuilding and resettlement, as well as to collect feedback information from the participants. 9.3 Grievance Redress 259. Resettlement is a complicated task. It is inevitable that the affected persons will have grievances and complaints during the resettlement implementation. For the purposes of guaranteeing the interests of the affected persons, the resettlement offices will establish a set of highly transparent and simple procedures for collecting and handling grievance and complaints, so as to objectively, justly and efficiently deal with the grievances and complaints of the mass and to ensure the smooth progress of the resettlement. 9.3.1 Procedures for Complaints and Appeals 260. There are mainly the following procedures for complaints and appeals � Collecting grievances of the affected persons from the report of the local resettlement offices, including grievances of the mass, the progress, working measures and existed problems. � All contractors must submit construction journal to the project owner every week, from which information on whether there is any people affecting the construction can be known. � Problems on land acquisition and relocation coordination discovered by Guiguang Company in field inspection. � Relevant information reflected by IMO. � Letters and calls of the affected persons. � Relevant information and problems reflected from local ROs at all levels. � Relevant special problems reflected by the audit and disciplinary inspection divisions. � Special investigation of internal and external monitoring. 9.3.2 Procedures for Complaints and Appeals 9.3.2.1 The First Stage 261. The affected persons may present their grievances to the village committee or the local ROs at township level orally or in a written form. For oral grievances, the village committee or the local resettlement offices at township levels must keep a written record and provide a clear reply within two weeks. When it involves serious problems needing to be reported to resettlement office at a higher level, the village committee or the local resettlement offices at township levels must endeavor to obtain a reply from the RO at the higher level within two weeks. 9.3.2.2 The Second Stage 262. In case that reply at the first stage does not satisfy the complainants, the complainants may appeal to the resettlement office at a higher level within one month after receiving the reply at the first stage. The resettlement office at the county or district level must make a decision within three weeks. 140 Resettlement Plan for Harbin-Jiamusi Railway 9.3.2.3 The Third Stage 263. In the event that the affected persons are not satisfied with the reply of the resettlement offices at district or county level, they may appeal to the PROS within one month after receiving reply at the second stage. The PROS should make a reply within four weeks. 9.3.2.4 The Fourth Stage 264. In case that the affected persons are not satisfied with the reply at the third stage, they may appeal to the civil court within 15 days after receiving the reply from the PRO. 9.3.3 Principles to Deal with Grievances and Complaints 265. The resettlement offices at all levels must conduct field investigation and research about the grievances of the public, and provide objective and just resolutions in line with the principles and standards specified in the national laws and the Resettlement Action Plan after full consideration of the public’s opinions and after patient consultation. Complaints beyond their capability of handling must be submitted to resettlement offices at the higher level and they should lend a hand in the investigation. 266. The appealed has the right of further appeal on condition that the decision-making institution does not reply within the specified dates. 267. In the process of resettlement, women may have some special grievances and complaints, so PRO has planned at least one female worker in every resettlement group to be responsible for the women’s grievances. The local government and the NGOs (such as Civil Administrative Bureau and the Women’s Federation) will also supervise the resettlement activities and safeguard the APs especially the women’s rights. 9.3.4 Contents and Measures of Reply 9.3.4.1Contents of Reply 268. Contents of replay mainly contain: �A brief of grievances of the complaints; �Results of fact-investigation; �Principles and standards in the relevant national regulations and RAP; �Resolutions and references �The complainants have the right to appeal to resettlement offices at a higher level and the civil court. The company should pay the legal costs; 9.3.4.2 Way of Reply 269. The ways of replay are described as below: �Reply to complaints on exceptional cases should be delivered to the complainant in written form. 141 Resettlement Plan for Harbin-Jiamusi Railway �Reply to complaints that frequently occur should be made public to the villages or groups the complaints belonged to via holding villagers’ meetings or issuing documents. �Whatever the forms of reply, they must be delivered to the resettlement offices which the complaints belonged to. 9.3.5 Record Grievance and Final Feedback 270. During the process of resettlement implementation, resettlement offices should record the complaint and its resolution, and report it to the PROS in written form monthly. Each PROS should look into the complaint resolution records and conditions regularly. In order to standardize the records about complaints and register the resolution completely, the company has formulated a form sheet to record or register the complaints and its resolution is formulated in Table 9-5. Table 9-5 Migrant Appeal Registration Form Name of complainant Filing office Date Receiving point Complaints content Problems required to resolve Options to deal with the problem Actual result of problem resolution Signature of complainant Signature of recorder Note: 1. The recorder shall register honestly the content of complaint and the complainant’s requisition; 2. No obstruction or obstacle is existed in the process of appeal; 3. Options taken to deal with the problem will be replied to the complainant within scheduled period. 142 Resettlement Plan for Harbin-Jiamusi Railway Chapter 10 Monitoring and Evaluation To ensure the implementation as per the resettlement plan and realize the goal of proper resettlement, this project will monitor the whole process of the implementation for land acquisition and demolition and resettlement. The monitoring work will be carried out by two parts: internal monitoring of resettlement organization and external independent monitoring. The internal monitoring will be conducted by the resettlement organizations at all levels, and the external one will be entrusted to an independent and just third party that has 5-year experience in World Bank loan project monitoring and evaluation and will monitor and evaluate the land acquisition and demolition and resettlement activities. 10.1 Internal Monitoring 10.1.1 Objective and Task 271. Harbin-Jiamusi Railway Company will establish a database for land acquisition & demolition and resettlement, and conduct internal monitoring and check-up on the whole process of the resettlement preparation and implementation according to the resettlement plan that is approved by the World Bank, with a resettlement internal monitoring report to be submitted to the World Bank at least half a year since the project implementation 10.1.2 Institutions and Personnel 272. The internal monitoring for land acquisition & demolition and resettlement of the project is led by Harbin-Jiamusi Railway Company and implemented by provincial and city resettlement offices, project coordination offices (resettlement offices) of all counties (districts) and all villages. To effectively perform the internal monitoring function, all resettlement organizations are supplied with special personnel who have participated in the compilation and implementation for RAP and will conduct internal monitoring and control on its implementation process. 10.1.3 Monitoring Contents 273. The main contents for internal monitoring include land acquisition & demolition progress, capital allocation, resettlement and complaints & grievance. This aims to make internal monitoring and check-up on the implementation of resettlement plan. 10.1.4 Implementation Procedures During the implementation process, Harbin-Jiamusi Company will set up a corresponding resettlement database and collect and record information about village resettlement according to the monitoring samples, record the implementation progress and maintain continuous monitoring on resettlement implementation. 10.1.5 Internal Monitoring Report The coordination offices in 3 counties and 7 districts submit to the company reports on the progress of land acquisition & demolition and resettlement each quarter. Then the company clears up the internal monitoring report on land acquisition & demolition and resettlement of the whole project, and submits that to the World Bank at least half a year, with the specific time between July and January of each year. Resettlement monitoring reports of Harbin-Jiamusi Railway Company, and provincial and county level resettlement agencies shall comprise the tables and texts, in which the forms shall be filled with 143 Resettlement Plan for Harbin-Jiamusi Railway implementation progress of resettlement impact types according to the format in Chapter 3 herein, capital utilization progress to the format in Chapter 5 herein, and statistical data on housing, production and enterprise arrangement for each household to the format in Chapter 6 herein, and the texts shall be used to analyze the tables, describing the resettlement implementation progress, capital, and quality condition, setting forth existing problems and corresponding measures. 10.2 Independent External Monitoring and Evaluation 10.2.1 Objective and Task 274. External monitoring and evaluation mainly carry out periodical monitoring and evaluation of land acquisition, demolition and resettlement activities outside of the resettlement institutions to evaluate if the target of resettlement has been attained. The external monitoring work is to provide evaluation, opinions and suggestion on the whole process of resettlement and circumstances of the rehabilitating the production and living standards of the resettlers. The external monitoring work is also to provide an early warning system for the project management departments and to provide channels for reflections for the opinions of the resettlers. 275. The external monitoring organization will shoulder the responsibility of being a consultant for coordination teams for land acquisition, demolition and resettlement of resettlers of the China Railway Corporation and Harbin-Jiamusi Railway Company. The external monitoring organization will follow, monitor and evaluate activities for implementation of the resettlement plan. The external monitoring organization will also provide opinions and consultations on decision-making. 10.2.2 Institutions and Personnel 276. Before the commencement of land acquisition and demolition, the China Railway Corporation will invite tenders and entrust an independent and just third party which has 5 years’ experience in monitoring and evaluation on World Bank loan project to monitor and evaluate the land acquisition, demolition and resettlement. The independent external monitoring organization will implement all basic monitoring work by providing technical assistance to China Railway Corporation or the company and carrying out resettlement investigation and survey on affected people’s living standards. 10.2.3 Leading indicators of monitoring and evaluation Leading indicators of external monitoring contain:  Socio-economic indicators: per capita income, gross domestic product and employment rate  Organization indicators: personnel composition, staff quality, rules and regulations, equipment and affairs transaction efficiency  Resettlers affected by land acquisition: ratio of compensation in place, production resettlement way, ratio of change in economic income, employment rate and degree of satisfaction for resettlement.  House demolition and resettlement: ratio of compensation in place, construction of resettlement houses and degree of satisfaction for resettlement.  Infrastructure facilities: ratio of compensation in place and function recovery rate.  Temporary occupancy: ratio of restoration compensation in place for temporary occupancy and land property recovery progress 144 Resettlement Plan for Harbin-Jiamusi Railway Specific monitoring indicators will be reflected in the monitoring and evaluation outline which will be submitted to the World Bank for approval before monitoring and evaluation. 10.2.4 Work Steps and Contents 1) Preparation of monitoring and evaluation outline, 2) Developing computer software for monitoring and evaluation of the resettlement, 3) Drafting the investigation outline, survey forms, and record cards for sample villages and sample households, 4) Design of the sampling survey, 5) Base-line survey, Basic survey that is required for the independent monitoring and evaluation on households affected by land acquisition and demolition; getting basic information about the living standards (living, production and income levels) of resettlers 6) Establishing monitoring and evaluation information system To establish monitoring and evaluation information system, classify all kinds of data about resettlement monitoring and evaluation and set up a database, and provide computer assistance to analysis and tracking monitoring. 7) Monitoring and evaluation survey (1) Evaluation on the capability of resettlement implementation organization: to investigate the service ability and work efficiency of the implementation organization (2) Resettlement progress, compensation standard, monitoring on typically affected households, monitoring on compensation allocation, income recovery, resettlement quality, vulnerable group restoration measures, and compensation for temporary land occupancy and restoration. (3) Public participation and negotiation: participating in the public participation activities to be conducted in the preparation and implementation of resettlement plan, and monitoring the effect of public participation. (4) Grievance: monitoring the recording and transaction of grievance. 8) Clearing up monitoring data and establishing a database. 9) Contrastive analysis 10.2.5 External Monitoring and Evaluation Report The external monitoring and evaluation report is submitted once for half a year till the production and living standard of resettlement is restored to that before relocation (usually half a year before the completion of the project). The submission of monitoring report is planned as below: 145 Resettlement Plan for Harbin-Jiamusi Railway  March 2013: establishing an independent resettlement monitoring and evaluation team and compiling the work outline;  April 2013: preparing for independent resettlement monitoring and evaluation, including compiling survey outline and form, establishing monitoring system, define tasks and selecting monitoring points.  June 2013: putting forward the monitoring and evaluation report No.1 (base-line survey report)  December 2013: the secondary monitoring; putting forward the monitoring and evaluation report No. 2;  June 2014: the third monitoring; putting forward the monitoring and evaluation report No. 3;  December 2014: the fourth monitoring; putting forward the monitoring and evaluation report No. 4;  June 2015: the fifth monitoring; putting forward the monitoring and evaluation report No. 5;  December 2015: the sixth monitoring; putting forward the monitoring and evaluation report No. 6;  June 2016: post evaluation report. 10.2.6 Post Evaluation Post evaluation for resettlement will be carried out by utilizing post evaluation theories and methods based on the monitoring and evaluation after the land acquisition and demolition is completed. The successful experience and lesson in land acquisition and demolition will be evaluated and provided as a reference to future resettlement. The post evaluation will be conducted by an external independent monitoring and evaluation organization which is entrusted by Harbin-Jiamusi Railway Company. The organization responsible for post evaluation will compile the post evaluation outline, set up the evaluation indicatory system, conduct socio-economic analysis investigation and write the “resettlement post evaluation report�. 146 Resettlement Plan for Harbin-Jiamusi Railway Chapter 11 Right Matrix For the matrix of affected people’s rights decided according to the resettlement compensation principles of all governments along the line, see Table 11-1. Table 11-1 Rights for Land Acquisition and Demolition Compensation and Resettlement of the Construction of the Harbin-Jiamusi Railway Line Compensation or Types of Affected Measures for Compensation Standards Impact People Resettlement 1) Compensation The compensation fees for land requisition defined by for land comprehensive land price should be first used to pay for the acquisition social security program which should be contributed by the Village collective economy and the individual. Then 30% of the rest compensation fees should be used for the construction of collectives infrastructure and public facilities organized by the collective economy which holds the collective land property, founding village-run enterprises and the living subsidy of farmers whose lands are requisitioned. 1) Compensation 1. For farmers affected by land acquisition, the collective for land requisition reserved land of the village should be distributed to land-losing farmers. 2) Compensation Land for young crops 2. The compensation fees for land requisition defined by comprehensive land price should be first used to pay for the Acquisition 3) Compensation social security progarm fees which should be contributed by for individual the collective economy and the individual, upon the owned auxiliaries agreement of villagers council. Then 70% of the rest compensation fees should be used as subsidies for resettling Farmers the farmers whose land are requisitioned. 3. Compensation for young crops can be paid with a rate at 4% of the comprehensive land plot-price. 4. The compensation and housing resettlement of attached objects on the land should be made according to the compensation regulations of urban villages defined by local governments, or by referring to specific regulations issued by city (prefecture) people’s government. 1) Compensation 1. Compensation is calculated based on reconstruction cost payment for of new houses houses at 2. Relocation and transition expenses include loss of income replacement cost Relocation and damages property during relocation of Rural 3. New residential plots to be chosen and agreed, provided 2) Relocation Residential households within existing villages without cost expenses Houses 4. Salvageable materials can be retrieved without cost 3) Free allocation of new residential plots by the 147 Resettlement Plan for Harbin-Jiamusi Railway villages 1) House 1) As per the principles of property right exchange and replacement compensation based on market price, implementing expenses and replacement or the combination of both two methods. For compensation property right replacement, the house area should be the total area of relocated house. And the compensation amount should 2) Relocation be reconstruction cost of relocated house. expenses Urban 2) Compensation should contain the cost for relocating from residents 3) Transition fee the original house to a new one. All legal transaction fees and registration charges should be exempted. The relocated people should have the right to use the salvage materials used in relocation. 3) If it can not be avoided to carry out demolition first (and reconstruction then), temporary house rent should be provided for up to 6 months. 1) The above Each household is given 2,000-10,000 yuan for new house rights relevant toconstruction (In Yilan County, 4,000 yuan subsidy is provided house demolition to each extremely poor family; 8,000 yuan subsidy provided and priority to the disabled without sources of incomes; In Bin county, attention 2,000 yuan is provided to each household holding Certificate of Minimum Living Guarantee for Urban Residents, and 2) An additional 10,000 yuan provided to the disabled.) It is a special subsidy cash assistance at for the vulnerable groups affected by the demolition and 2000-10000 yuan resettlement. For the resettlement of extremely poor per household; households in Harbin, there is an indemnificatory house type assistance of of 40m2 construction area. Besides, sufficient attention has manpower and been paid to the vulnerable groups in terms of house purchase transport tools in price. They only have to pay the construction and installation cost for the area exceeding the original area. Those who still Vulnerable transition, new houses cannot pay the house can rent the area beyond the original groups construction according to cost rent. If their economic conditions are improved in future, they can repay the price and resume all property right. In Jiamusi, resettled people with Certificate of Minimum Living Guarantee for Urban Residents can be given with additional 5m2 resettlement area for free based on the original area. The disabled who have registered on Certificate of Minimum Living Guarantee for Urban Residents and hold Disability Certificate can be given with additional 3m2 resettlement area for free based on the previously described privilege. Poor households with actual resettlement area at or below 60m2 can apply for going through low-rent house joint property procedures at the city housing security office after the delivery is handed over, and can enjoy subsidy of 20,000 yuan/household. 148 Resettlement Plan for Harbin-Jiamusi Railway Table 11-1 Rights for Land Acquisition and Demolition Compensation and Resettlement of the Construction of the Harbin-Jiamusi Railway Line (continued) Types ofAffected Compensation or Compensation Standards Impact People Measures for Resettlement Relocation ofFactories and 1) House 1) For enterprises for land acquisition, an independent Enterprises mines compensation professional evaluation organization will evaluate it 2) Relocation according to market price and determine the expenses for compensation fee. Affected factories and mines will enterprise and be compensated based on the reconstruction cost of equipment land, architecture, equipment and other auxiliary 3) Income loss for construction. The compensation will contain moving shutdown or output fee (for enterprise and equipment relocation) and lose reduction in income due to shutdown or output reduction. 4) Employee salary 2) Those factories and mines, which are partially compensation for influenced but whose production and production are shutdown or output not affected, will get monetary compensation. reduction 3) For those enterprise to be totally demolished, the governments at all levels will help them re-build and restore production, guide and help them to re-select a new business location, actively assist them with industrial transfer or upgrading and production optimization, encourage qualified enterprises to rebuild in industrial parks, guarantee the rebuilding and production and operation restoration of affected organizations and provide and improve working opportunities for affected employees. 4) For those which do not plan to rebuild, the resettlement department and the enterprises should give a public notice to the staff on the resettlement method 6 months in advance, so as to facilitate them find new jobs, and should also provide free training and recommend new jobs meanwhile. 5) Affected employees will be compensated for shutdown/transition and will have the priority to get new jobs after the enterprise is relocated. Relocation ofAffected 1) To be demolished (1) The railway construction unit directly restores the Infrastructuresbasic by construction infrastructures such as rural roads and farm-oriented infrastructures departments of channels during the construction; railway (2) The railway side invites a professional team to 2) Owner of relocate the infrastructures such as communication infrastructure will facility and power facility and bears relevant expense; make use of The railway side pays compensation to affected compensation to parties for their self-reconstruction of some public reconstruct infrastructures like drink water tower. Temporary Village 1) Procedure Occupation ofcollectives 2)Compensation for 1)to apply for a permission from and register in the Land and villagers young crops local county-level land and natural resources bureau, 3) Fee for temporary and attain such approval;。 occupation of land 2) The compensation rates should be based on the loss 4) The land is to be of affected people. The temporary land acquisition fee recovered to its is calculated by the constructor on the basis of AAOV original condition × years, and directly paid to the land-users. when returned to 149 Resettlement Plan for Harbin-Jiamusi Railway owner 3/4) Guarantee fee for the land reclamation will be paid, and paid back after the land is restored. Or the guarantee fee will be used as deposit, and reclamation will be done by villagers. Reclamation should be supervised and confirmed by the local land and natural resources bureau. 150