RP-0006VOL. 1

The Capacity Expansion Project of

Wuchang-Guangzhou Railway Line of

The Seventh World Bank Financed Projects

Resettlement Action Plan

July 1998

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Contents

1 Project Introduction1. 1 Background and Significance of the Project1.2 The Ownership of the Project and the Organizational Institutions1.3 Measures for Minimizing Land Acquisition and Housing Demolition1.4 Preparatory Work for Land Acquisition, Housing Demolition and

Relocation, Resettlement

2 Project Impacts2.1 Land Acquisition2.2 Housing Demolition & Relocation2.3 Aboveground Attachments2.4 Affected Infrastructures2.5 Impact Analysis

3 Law Framework3.1 Policies, Laws and Regulations as the Basis3.2 Provisions of Policies and Laws3.3 Preferential Policies Specifically Stipulated for

the Project of Wu-Guang Railway Line3.4 The Concord of the Resettlement Policies between

the World Bank and China

4 Compensation Fees

4.1 Principles for Compensation

4.2 Contents and Standards of Compensation

4.3 Calculation of Compensation Rate of Land Acquisition

4.4 Calculation of Compensation Rate of Housing Demolition

4.5 Calculation of Compensation Rate of Fruit Trees

4.6 Funds Budgeting and Investment Planning

4.7 Fund Movement and Management

5 Resefflement and Rehabilitation Plans

5.1 Resettlement Goads

5.2 Resettlement and Rehabilitation Plans for Rural PAPs

2

5.3 Resettlement and Rehabilitation Plans for Urban PAPs

5.4 Resettlement and Rehabilitation Plans for Railway Internal Demolistion

6 Organizational Institutions

6.1 Institutional Establishments

6.2 Responsibility of the Institutions

6.3 Coordination and Liaison between the Institutions

6.4 Measures Takes to Enhance the Capabilities of the Institutions

7 Consultation, Mass Participation and

Grievance Appeal Channel

7.1 Consultation

7.2 Meeting on Displaced Population

7.3 Mass Participation

7.4 Grievance Appealing Channel

8 Monitoring and Evaluation

8.1 Goals of Monitoring

8.2 Internal Monitoring

8.3 Extemal Monitoring

8.4 8.4 Report Submission

9 Lists of Rights and Interests

Appendix 1 Socioeconomic Condition of Affected Area

Appendix 2 Tables of the Survey and Statistics of

Housing Demolition along Wu-Guang Line

Appendix 3 Agreements and Additional Agreements between

the Railway and Provinces

3

I Project Introduction

1.1 Background and Significance of the Project

(1) The Capacity-Expansion Project of Wuchang-Guangzhou Railway Line, covering a

length of 1082 km starting from Wuchang in the north and ending at Guangzhou in the

south, including the sublines related either to Wuhan pivot or Guangzhou pivot,

traverses over 20 cities and counties in Hubei, Hunan and Guangdong provinces.

In 1992, a feasibility report was finished for the Capacity Expansion of Wu-Guang Rail

Line, a national key construction project, and was submitted to the State Planning

Commission for approval. In 1996,a technical design was made and was examined and

approved by the Appraisal Center of the Ministry of Railways in March 1997.

Subsequently in March 1997, the 4h Surveying & DesigningInstitute of the Ministry of

Railways, as the designing agent, began spot-surveying along the rail line and by

Feb. 1998 had virtually finished the detailed design for construction.

The construction of the Capacity Expansion Project, to be started full-scaled in 1998,

will approach from the south to the north, with the section from Hengyang to

Guangzhou to be attempted in 1999 and the whole line to be completed in 2000.

(2) Beijing-Guangzhou Railway, a trunk line traversing China from north to south, has

been playing a very important role in boosting national economic growth and propelling

the society forward by functioning as the mainstay in the overall railway networks in

China. Wuhan and Guangzhou, two metropolises and passenger transportation centers,

are crucial termini in the passenger transportation framework along Jing-Guang Line.

After the engineering of the electrification capacity expansion for the section from

Beijing to Wuchang was completed, it is even more strategically urgent to start the samne

engineering for the section from Wuhan to Guangzhou so that the capacity expansion

4

will be able to augment transport volume, increase trains in operation, expedite the

transferring speed, add more comfort to passengers, improve the prestige of the railway

and enhance the competitive ability of the railway. More important is that Wu-Guang

line is the land line linking inland and coastal cities. It has been playing a very

important role in politics, economy and other fields in the past, at present and will still

be so in the future, and it is also the important transport artery from north to south in the

existing and planned railway net.

1.2 The Ownership of the Project and

the Organizational Institutions

The Ministry of Railways (MOR) is the project owner of the Capacity Expansion of

Wuhan-Guangzhou Railway Line. Guangzhou Railway Conglomerate Company

(GRCC) and Zhengzhou Railway Bureau (ZRB) are the authorized agents functioning

as the project owner in the capacity of MOR. GRCC has set up an engineering

headquarters at Zhuzhou responsible of the engineering in Guangdong Province and

Hunan Province. Likewise, Zhengzhou Railway Bureau has also set up an engineering

headquarters at Wuhan responsible of the engineering in Hubei. The land acquisition

and resettlement for the Project have been contracted by the MOR respectively to the

Guangdong Provincial Land Administration Bureau (LAB), Hunan Provincial LAB and

Hubei LAB. The MOR and the local governments have reached agreements about

such issues as organizational institutions, compensation policies, population

resettlement, and compensation payment.

1.3 Measures for Minimizing Land Acquisition

and Housing Demolition

A remarkable revision has been made to the original design plan for the Capacity-

5

Expansion Project by the MOR based on the following considerations:

(1) Beijing-Guangzhou railway shall center on passenger transport while Beijing-

Kowloon on cargo transport. Thus Jing-Guang railway line shall be the mainstay in

China's north-south passenger transport at the end of this century and early next

century.

(2) "Electrification based on the current status " principle shall be applied in Wuhan-

Guangzhou rail line capacity expansion, which means except for a few railway stations,

railway yards and passenger service installations, the current railwvay installations shall

largely remain unaltered, without adding new tracks and extending the existing tracks to

the stations and the sections along the line.

(3) In principle, no new living facilities shall be constructed and the building of new

residential housing shall be strictly limited. The welfare residential housing shall be

built only sufficiently for the new recruits resulting from the expansion project.

(4) Technical renovation shall be minimized. Wherever it is necessary, it shall be

proved with sufficient sound grounds.

(5) No new water sources shall be built.

(6) The design for construction shall be optimized. The relation between land

acquisition and resettlement on the one hand and the engineering construction on the

other shall be tackled in an appropriate way, taking full advantage of slack farning

seasons and the breaks between rounds of crop growing, diminishing the impacts.

(7) Some sub-projects which are not necessary ones and have more difficulty and more

housing demolition were canceled in the second examination of the Project. For

example: the sub-project of Huadu engine back-tuming section, the sub-project of

6

Huadu train repairing section, the sub-project of Changsha passenger engine

maintenance yard, the sub-project of Liouyanghe linking line, the sub-project of Miluo

rail track increase and station reconstruction.

Compared wvith the original design plan, the revised one shows a considerable drop of

the land amount to be acquired, the housing to be demolished and the number of

persons to be affected. According to the original plan, a sum of 6582 mu of land

would be acquired along the line for the project as against only 3708.26 mu in the

revised plan, a decrease by 44%; 279467 m2 of housing would be demolished and

relocated as against 11365.64m2 in the revised plan, a decrease by 60%;.

According to the revised plan, the land acquisition will be concentrated on Wuhan

railway pivot, Changsha district, Zhuzhou pivot, Hengyang pivot and Guangzhou pivot

where the capacity expansion will focus on electrification engineering and its necessary

auxiliary engineering of facilities conceming communication, signal system and engine

maintenance sector, and the technical renovation engineering necessary for enhancing

the travelling speed of passenger train and the capability of ensuring its traverse, arrival

and departure.

1.4 Preparatory Work for Land Acquisition, Housing

Demolition and Relocation, Resettlement

(1) Circumscription of Land Acquisition

The project designing unit conducted explorations along the line for the project during

its technical design stage, surveying and circumscribing the land to be acquired and

housing to be demolished, working out the cross-sectional drawings of the rail line and

the drawings of housing. The land acquisition and housing scope maximally

circumnscribed at the technical design stage, can be more specified and diminished in

the actual implementation of land acquisition and housing demolition & relocation

7

according to the design of construction.

(2) Socioeconomic Survey

In order to make analyses of the impacts on the localities caused by the Project and

work out a practicable and feasible action plan, the 4th Surveying & Designing Institute,

entrusted by the MOR, collabourated with the Wuhan Engineering Headquarters of

Zhengzhou Railway Bureau and Zhuzhou Engineering Headquarters of Guangzhou

Railway Conglomerate Company in conducting a socioeconomic survey along Wuhan-

Guangzhou rail line. The joint survey squad, in close cooperation with the land

administration departments of Hubei, Hunan and Guangdong provinces, organized a

socioeconomic survey to Guangzhou, Hengyang, Zhuzhou, Changsha, Wuhan and their

subordinate districts and counties from May to Sept of 1998. A great amount of

valuable information was obtained by collecting various existing statistics, making on-

the-spot interviews and conducting sample investigation.The socioeconomic survey has

provided a sound base for mapping out the resettlement action plan.

(3) Investigation on the Project Impacts

In June 1998, ZRB and GRCC respectively entrusted the local government of various

levels in Hubei, Hunan and Guangdong to conduct on-the-spot investigations on the

various subprojects of the Project, conceming the land acquisition, the housing

demolition & relocation, the number of affected population, the labour resettlement,

infrastructure, above-ground attachment, etc. By investigating from village to village,

block to block and door to door, the investigation squads got to know in great detail the

damages caused by the project engineering.

(4) Consultation of the MOR and the Relevant Provinces

In May 1998, vice-minister Cai Qinghua of the MOR, director of Foreign Capital

Introduction & Utilization of the MOR and their party went to Hubei, Hunan and

Guangdong to interview the vice-govemors of these provinces who are responsible of

national key projects. They reached a consensus on the issues relating to land

S

acquisition, housing demolition and population resettlement, as well as the forming of

organizational institutions and the coordination between the MOR and the local

govermnents.

(5) Preparation of Population Resettlement Action Plan

The preparation of resettlement action plan (RAP) was entrusted by the project owner

to GRCC, ZRB and the 4h Surveying & Designing Institute of the MOR and joined by

the land administration departments of Hunan, Hubei and Guangdong provinces. The

project owner also invited specialists in resettlement from the Research Institute of

Foreign Capital Introduction & Utilization of SWJU as advisers for the project. All

the particinants in the drawing-up of RAP have successively finished the founding of

the resettlement institutions, the scope detennination of the project impacts, the

socioeconomic surveys, the investigation on the property damage, the study and analysis

of relevant policies and regulations, the consultation and decision of the resettlement

plan of affected population, and the compensation estimation calculation. Based on

the above work, the Resettlement Action Plan for the Electrification Capacity

Expansion Project of Wuhan-Guangzhou Railway was completed.

The following table shows the statistics of the land acquisition and housing demolition

along the Wu-Guang railway line.

9

Table the Statistics of the Land Acquisition and Housing

Demolition along the Wuguang Railway LineItem Unit Amount

Total area of the land acquired mu 3708.26Total area of cultivated land acquired mu 2397.72

Households affected directly by land acquisition household 3871Population affected directly by land acquisition person 16210Total area of houses demolished m2 113656.64

Private houses in rural m2 28321.45Private houses in urban m2 1033Housing of railway staff m2 13914.8Enterprise houses outside railway sector m2 7951.2Enterprise houses within railway sector m2 41951.52Shop houses outside railway sector m2 15899.6Shop houses within railway sector M.2 865.18Building illegal m2 3719.89Households affected by housing demolition household 435Population affected by housing demolition person 3309Enterprises affected by houses demolition one 40Shops affected by houses demolition room 29Reconstruction of roads Km 9.8Reconstruction of water conservancy pipes Km 204.48Reconstruction of communication cables Km 1082.41Reconstruction of power supply wire Km 67.44Young crops to be compensated mu 1449.08Trees to be compensated tree 104363Fruit trees to be compensated tree 4732Wells to be compensated one 15Tombs to be compensated one 81Concrete sunning ground to be compensated m2 2173Enclosures to be compensated m 2855

Total fees I0 thousandyuans 31842.61Fees for land acquisition 10 thousand yuans 11808.82Fees for houses demolition 10 thousand yuans 6813.88Fees for infrastructures 10 thousand yuans 9782.73Fees for aboveground attachments 10 thousand yuans 538.06Unforeseen fees 10 thousand yuans 1916.08Administration fees 10 thousand yuans 574.82Fees for writing RAP 10 thousand yuans 25Fees for external monitoring and evaluation 10 thousand yuans 383.22

10

2 Project Impacts

In the design of the capacity expansion engineering of Wuhan-Guangzhou rail line,

means have been tried as many as possible to minimize land acquisition by making full

use of the existing rail lines and facilities. Nevertheless, land, however limited, has to

be acquired and housing to be demolished, and some people to move away to a new

place. This is especially true with such pivot sub-projects as in Guangzhou, Hengyang,

Zhuzhou, Changsha and Wuhan.

2.1 Land Acquisition

(1) The Project will use 3708.26 mu of land, including 2397.72 mu cultivated land

and, with 16210 persons from 3871 households to be affected.

(2) The Project will use 1562.46 mu of land in the three big cities ( Guangzhou city,

Changsha city and Wuhan city ), and 2145.8 mu of land along the line in the three

province (Guangdong, Hubei, Hunan). Except for 1000 mu of waste land in Qingyan

city, only 1145.8 mu of land will be acquired along over 1000 Km of line in the three

provinces, only one mu of the land being acquired per Km.

(3) Land acquired are owned collectively, the land left after acquisition, therefore

allow of reallocation within the village, Except for the three big cities, namely

Guangzhou, Wuhan and ChangSha which may have troubles in land reallocation, the

other places along the line can handle the land for people affected by way of land

reallocation.

X All cities and counties along Wu-Guang line are comparatively developed rural

areas. The income from farming makes up low proportion in their total income. For

example, the income from farning of peasants on the suburb of Guangzhou taken up

less than 10% of their total income, that of Changsha taken up 20% of their total

income. So, it is possible to handle the production problem of people affected by way of

various means.

11

(5) The Project involves 100 mu of the land owned by the Railway and cultivated by

farmers. Though the consultation between the railway construction units and local

goverrnents , the same land compensation standards will be adopted with these land,

which means these land will be treated in compensation as land owned by collectives.

The following table is about the amount, types and places land acquired along Wu-

Guang line.

12

Aniount, Types and Places of Land to be acquired in Wuguang Line

Amount of Typs of landCity or land Vegetable Housing Nonculti Land Districts,

Provinces ountySubprojcts acquired Dry land ground vat-ed acquired villages(mu) paddy ponds s site land villages and towns

fieldHankou passenger Changmatao Qiaokou

trains 94 64 10 20 vlae dsrcmaintenance yard . v

Handan up- 318 132.88 138 37.5 9.7 1-lejiadon Jlianglhangoing line _ 318 132.88 village district

West jiangan 110 110 Lianchen Jianganstation l _ village district

Hubei Tuoluokou 46 46 Shazhui Dongxiliuprovince marshalling yard village district

Wuhan East Wuchang 27Biniu Hongshanpivot station 27 village district

Tracks 3 and 4 of Fenqi HongshanWuchiang station 45 40 village district

Wuhan W tcity Wuchang Jingang Hongshan

passenger trains 28 28maintenance yard village districtSouth Wuchang 58 50 8 Shenli Jiangxi

station village district

Zifang contact network 13.4 13.4 Qinlong Jiangxiasection, track garage . . village district

Wulongquan division 7.6 7.6 Xinnu Jiangxiasection . . village district

Heshengqiao network 10.55 10.55 Hezhansection track garage village Jiangxia

district

13

Heshengqiao haulage 13 13 Jianguotransformer substation _ _ village

Xiannin Xianniin network section, 16.56 15.55 1.01 Dongmen YonganHubei city division section, track garage _ village agency

1Iubei -Guantangyi haulage Guantang Guantangyi

Province transformer substation 12.32 12.32 village town

Puqi division section 3.3 3.3 GonganquanPuqi _____village

city Chibi station: technical 29.23 29.23 Wangjiabaorenovation, network section, village

Renovation 30.43 10 20.43

Hubei province total 862.39 446.7 138 184 62.5 31.14

Linxiang Linxiang network 11.1 11.1 Wuli village Changan

city section, division section 1 town

Yunxi network section 5.6 5.6

Hunan Yueyang north switching 8.3 8.3 Yunxi

province section 8.3 8.3 town

Yueyang network 10.2 10.2section, division section 10.2 10.2

Yucyang Fubin network section 5.5 5.5city.._

Fubin station 1.25 1.25 B3infu Meixi

Fubin track garage line 6 6 village town

Yueyang residential 15 15quarters

14

Rongjiawan network 12.2 12.2section 12.2_ 12 2 Rongfang Chenguan

Rongjiawan transformer 13.5 13.5 village townYueyang substation .county Rongjiawan track garage 6 6 Fufang Fangshajie

Rongjiawan residcntial 22.37 8.42 2.18 11.77 village townquarters

Milou network section 5.6 5.6 Caiyi ChenguanHunan ______village town Province Miliu transforner 15 15 Baizang Chenjiao

substation ________ ____ _village town

Taolin network section, The first Taolindivison setion13.2 13.2 resident tw

.division section committcc townMilou -cityu Taolin residential 3 Milou Chenjiaocity qures20.58 9.23 11.35 vlaetw

quarters .village town

Chuanshanpin division Dongi'ie Shanquan3.4 3.4 resident

section committee pin town

Gaojiafang network 5.8 5.8 resident Gaojiafangsection committee town

Wangce Qiaotaoyi transformer 16 16 Qiaotaoyi Qiaotaoyin county substation , village town

Yaoyi GaoqiaoChangsha station 4.36 4.36 village town

Changsha residential 104 104 Yaoyi dXilaopingquarters . village dea

area

15

Laodaohe network 102 102 Laodaohe Xiayinsection earth borrow area . village town

Liuyanghe emergency 61.91 11.98 33.93 16 Liuyanghe Xiayinproject .1 . village town

Changsha down-going 59.12 27.34 25.48 6.3 Huangju Mawangduipassenger train dispersin2 lines village townChangsha east network 9.1 9 Youyi Gaoqiaosection ,division section _ . . village district

Datuopu transformer 13.5 13.5 Datuo Datuosubstation . village town

Chang Muyun city network 12.2 12.2 Muyun MuyunHunan sha section 12. . village townProvince Baimalong division 3Baima Baimalong

section 3.05 3.05 village town

Zhuzhou pivot 54.2 21.48 26.62 4.76 1.34 Dachong________ ________ ________village Hehua

._ _ehua townZhuzhou Xiangqian ushering line 68.2 40.2 7.6 6.7 10.5 3.2 village

city Zhuzhou residential 37 37 Tianxin Tianxinquarters village office

Laoguanzhong earth 46 46 Jiaojdilin Longtaopuborrow area committee town

Lukao network section, 10.7 10.7 Lukou Lukoudivision section 10.7_10_ village town

Jintian network section 10.2 10.2Zhuzhou _____ ____Linfu Jintian

county Jintian transformer 17.5 17.5 village townsubstation . . . .

Zlutin network section, 10 3 6.8 Chunshi Huangiondivision section 103268village g towvn

16

Henshan network section 6.6 6.6 Aoyanghai Xintang

Henshan transformer 16 16 village townIlendong substationcounty Xinxialiu division 4.4 4.4 Dashansi Xiayuan

section village town

Dapuwci network section 12.9 12.9 Dasiansi Xiayuan.__.__._ village town

Henyang pivot 69 69 1-leping Hepingvillage country

Henyang power supply 7.57 4.28 3.29 HepingHenyang section village Heping

Hunan city Henbai transformer 9.51 6.22 0.24 3.05 Xinlaua countryProvince substation village

Dongyangdu transformer 18.59 5.23 7.06 6.3 Qinhe Dongyangsubstation 1 . 6 village country

. . ~~~~~~~~~~~~~Wayuan LiutianHelnan Henyuan division section 2.34 21 0.24 villaye townn

Laiyang transforner 12.54 7.24 5.3 Nanlin ZhoushiL.iyang substation ._._._village officc

Laiyang Gongpinxu division 2.68 2.68 Gongping Gongpingxu

section village village

Yongxin Matianxu transformer 16.11 16.11 Matianxu Qiaozhuansubstation . 16.11 village town

Xujiadong track garage 9.03 2.68 6.35 Xujiadong Kuisliuline village town

Ceng Kuaishuxia KuishuZhou Cengzhou station 29 29 village towncounty Aoshang Kuishu

Jiedong division section 8.68 3.32 1.5 0.5 3.36 village town

17

Hunan province total 1051.09 174.83 559.71 88.79 13.55 214.21

Guang Lechang Pingshibai division 1.46 1.46 Pnsiai Ping |dong section 1.6____ ____ village town

province Shao Shaoguan station 28 28 town Sdiastriuctn

city Shaoguan passing yard 173.7 83.5 55.2 35 Leyun Sditictn

Shanzibei division Shanzibai Donghuasection 3.3 village town

Qujiang Donghuayua DonghuaCojuntnyg Maba network section 14.15 14.15 nge town

Wushi transforner Wushi Donghua

substation village townHetao Shakao

Heto network section 13.26 0.72 12.54 village town

Yingde Yinde station 13.22 13.22 Shanglhe Shakao

City village town

Shahekao division section, 17.55 17.55 Dongguapu Shakao

transformer substation . village town

Lianjiangkao transformcr 49.86 6.4 38.06 5.4 Zidong Lianjiantgk

substation, network section . village ou town

Jiaohenshi division Ximen Lianjianko

Qinyuan section 1.38 1.38 village town

City Shubuotang LianjiankoPajiangkou quarry 1005.7 0.9 4.8 10 00 vlgetw

Yuantan LianjiankoTanyuan network section 21.97 21.97 vuaga district

I I ~~~~~~~~ ~~~~~~~~~~~~~~~~village district

Shanhua ShanhuaHuadu station 7.4 7.4 village town

Huadu18

Juntian division section 1.9 1.9 Juntian Shanhua. j_village town

Guangzhou 81.4 80.48 0.92 Jianggao Baiyunnorth station 8.804092town district

Baiyun3uangdong Dalang station 76.6 55.6 21 Shijin town districtrovince .Baiyun

Tangxi station 74.14 54.02 20.12 Shijin town district

Guang Guang Thengbi-xin 138.18 75.57 23.7 16.4 2.48 20.03 Jianggao town Baiyufn

zhou zhou Guan.bai-tangxi shijin town districtCity pivot Guangzhou north

haulage transformer 14. 7 14. 7substation,

division section ._._l

Tangxi switching 13. 7 13. 7section .

Baiyunshan 33 33______ __ network section

Guangdong total 1794.78 506.14 155.13 7.4 57.52 3. 4 1065.19

Total 3708.26 1127.62 852.94 280.19 71.07 65.9 1310.54

19

2.2 Housing Demolition & Relocation

(1) After the original design for the Capacity Expansion Project was revised on the

principle of "electrification based on the current conditions", the housing demolition

demand of the project has decreased drastically and has been highly concentrated on

such major subprojects as Guanzhou pivot, Wuhan pivot, Changsha pivot, Zhuzhou

pivot and Hengyang pivot--especially Changsha Pivot. In order to alleviate pressure of

passenger transportation, the MOR has decided to have Changsha passenger station

expanded. As a result, Shangsha Station is protrude as a convergence of housing

demolition.

(2) The affected population who will lost the whole or part of their housing is 618

persons from 167 households. Except for 5 urban households, the others are farners.

The existing housing is improperly set with sanitary conditions poor and building

construction rough.

(3) Besides private housing, 35 enterprises and shops need to be demolished and

illegal buildings owned by 9 households does so. The illegal buildings were temporarily

built by the jobbing peasants from other places when they were employed in Wuhan.

(4) Among the features of the demolition along Wu-Guang line is that demolition

within the railway sector takes up the half of the whole demolition. In other words,

there are 256 households with 783 population and 34 enterprises within the railway

sector to be demolished, in addition to 3 illegal buildings owned by railway staff and

workers to be demolished.

The following table is about the housing demolition outside and within the railway

sector along Wu-Guang line.

20

Demolition outside and within the Railway Sector along Wu-Guang Line

Amount and structure of Amount and structure of Amount and structure of Amount and structure of Amount and structure ofenterprises to be demolished shops to be demolished illepl buildings to be private housing to be private housing to be

tem (Square meter) (Square meter) demolished (Square demolished in city area demolished in rural ares Total\_________ meter) (S_ uare meteL (Si usre meter) (Square

Plsce Brick Brick Simple Brick Brick Simple Brick Brick Simple Brick Brick Simple Brick Brick Simple meter)and and and and and and and and and and

concrete wood concrete wood concrete wood concrete wood concrete wood

Chang 1654.9 975.4 2577.2 1254 868 711.62 363.38 673 9077. zhou

Yinde 55.9 626.1 226.4 443.6 1352

Demolition Heng 225.3 579.4 3595.6 4400.3outside thc yang

railway Chang 1610 12856 478 4926.0o 19870.08sector shan

sha

Zhu 4042.72 2570. 592.26 7205. 37zhou 39

Wu 3500 1033 2610 7657 14800han

Tota 3320.8 1826. 2803.6 14553.6 1346 3500 1033 12869.82 14186. 1265. 56705.251 37 26

Demolition Guang 2614.64 s33 334.52 145.6s 74.21 100.57 295.92 15.17 4413. 71within the zhourailwaysector Shso 160 160

gua

Chang 10696. 8 4674 865.18 9543.24 735 26514.22sha

21

Xian 2433.56 3224. 9 5658. 46

fin

Pu 1175 1175

IDI4 19030 19030hbn

36110 5507 334.52 865. 18 145.68 74.21 12868.71 1030. 15.17 56951.39Total 92

Grandtotal 39430.2 7333. 3138. 15418.78 1346 145.68 3574. 13901.71 1030. 15. 17 12869.82 14186. 1265. 113656.2 12 21 92 37 26 64

22

2.3 Aboveground attachment

The aboveground attachment involved include young crops, trees, fruit trees, wells,

tombs, concrete sunning ground and enclosure. All kinds of the aboveground

attachments were counted on the spot and evaluated. Compensation for land acquired

does not contain the compensation for the aboveground attachments except for young

crops. The compensation for the aboveground attachment will be calculated in other

way.

The following table shows the aboveground attachments to be affected.

23

Aboveground Attachment of Wuguang Line

City Land acquired Young Sunning Enclosure

Provinces county Sub-projects villages crops Trees tree Well Grave groundcounty ~~~~~~~~~~~~(mu) tre(m2) (n

HankouHubei Wuha passenger trains Changmate 10 89900 650

province n city maintenance Villageyard

Handan up- Liangcheng 271 2632 71 681

going line Vollage

West jiangan HejiatunstationVilg

Tuoluokou

Wuhan marshalling Shazlhui Village 46 100 s

pivot yardEast wuchang Hubing Village 27

station

Tracks 3 and 4~ Hongqi Village 4 0of wuchangd Zhiyang Village 40 100 5

station___ ___

Wuchangpassenger trains Jinggan Village 28

maintenanceyard

South wuchang Shengli Village 50station

24

Zifang contact network Qinlong village 13.4 20station,track garage

Wulongquan division Xinnu village 7.6 10section

Hubei Heshengqiao network Hezhan village 10.55 15Province setion,track garage

Heshengqiao haulage Jianguo village 13transformer substation __ _ __

Xianni Xiannin network DongmenXncity setion,division setion,track village 15.55

garage .Guantangyi haulage Guantang 12.32

transformer substation village

Puqi division section Gonganquan 3.3PPuqi uvillagecity Chibi station: technical Wangjiabao

renovation,network villagesection,track garage

renovation Quhong village 10 460 ____ _ _

Hubei province total 557.72 90605 2632 5 71 1331

Linxiang Linxiang network Wuli village 11.1city section,division section

Yueyang Yunxi network section 5.6

city Yueyang north switchingllunan section

province Yueyang networksection,division section .Fubin network section Binfu village 4

25

Fubin station .

Fubin track garage line 6

Yueyang residentialquarters

Rongiawan network Rongfang 12.2section village

Yueyang Rongjiawan transformercuentg substationcounty Rongjiawan track garage Fufang village

Hunan Rongjiawan residential 8.42 260 1 300Province quarters

Milou network section Caiyi village 5.6 .

Miliu transformer Baizang villagesubstation

The firstTaolin network section, resident 13.2

division section ccommittee :.. .

Milou Taolin residential Milou village 9.23 180 1 180City quarters 9.3______

DonglieChuanshanpin division resident

section comitcommittee

Gaojiafang network The secondsao)lafang netior resident 5.8section committee

Waenngch Qiaotaoyi transformer Qiaotaoyi

substation villagecounty

26

Changsha station Yaoyi village 4.36

Changsha residential Yaoyi village 40quarters

Laodaohe network Laodaohe 6.2 110 19section earth borrow area village

Changsh Liuyanghe emergency Liuyanghe 11.98 20 105

a city project villageChangsha down-going Huangju village

Hunan passenger train 15 201 1dispersing lines

province Changsha east network Youyi village .

section ,division sectionDatuopu transfonner Datuo village 13.5

substation .changsh Muyun city network Muyun

a section village

Baimalong division Baima village 305section 3_05

Zhuzhou pivot Dachong 48 18 50_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _v illage _ _ _ _ __ _ _ _ _ _ _

Xianggianushering line Hehua village 22 2160 1440 150 300

Zhuzhoucity Zhuzhou residential Tianxin village 17

quartersJiaojilin

Laoguanzhong earth residents'borrow area committee

27

Jintian transformer 17. 5substation __.

Zhutin network Chunshi villagesection,division section ._._.

Hlenshan network section Aoyangiai 6. 6_____ _____ _____ ___ - v illag e_ _ _ _ __ _ _ _ _ __ _ _ _ _

Henshan transformerHendong substationcounty Xinxialiu division Dashansi

section village

Dapuwei network section Dashansi 5. 5Hunan . village .

province Henyang pivot Heping village 22 . .

Henyang power supply Heping village 7.57

Heyagsection. .Henyang Henbei transformer Xinhua village 6. 22'

substation . .

Dongyangdu transformer Qinhe village 10 2

substation 1Hlennan Wuyuan division section Wayuan village .

Laiyang transformer Nanlin villagesubstaion __ _

Laiyang Gongpinxu division Gongping 2.68section village 2

Yongxin Matianxu transformer Matianxu 16. Itsubstation village 16.___

Xujiadong track garage Xujiadong 145

Chcnzhou line villagecounty

28

Chenzho staKuaishuxiaChenzhou station village

Chenzhiou Jiedong division section Aoshang 4. 82 22 138county village

Hnan province total 407. 24 3116 1459 4 2 518 705

Guangdo Lechang Pingshibai division Pingshibaing section village

province Shaoguan Shaoguan station Leyuan town 28city Shaoguan passing yard Leyuan town 112 420 26 1 4

Shanzibei division Shanzibaisection village 36

Qujiang Maba network section Donihuayuan 14. 15County village

Wushi transformer Wushi village 10.21 1substation

lHetao network section Hetao village 12 44

Yinde station Shanghe village 13. 22 500 2 1050Yingde Shahekao division Dongguapu

CitY section, transformer village 145 80

substation .Lianjiangkao transformer Lidongvillage 20 60 1

substation, network section ._._._.Qinyuan Jiaohenshi division Ximen village

Qciyuan section

Cit | L Pajiangkou quarry Shubuotang 5.7 8600Pajiangkou quarryvillage 80

Tanyuan network section Yuantan village 21. 97

29

Huadu station Shanhua villageJuntian division section Juntian village 1. 9 2

Guangzhou Jianggao 15 1 205 300

north station township

Dalang station Shijin 20uD township

Tangxi station Shijin 400

_____ _ 5township 6

0 s Guang The third line of

Guangzhou Guang Guangbai- Jianggao tangxi 99. 27 1381 115 395City zhou Tangxi township

pivot .Guangzhou north Jianggao

transforner township 14.7

substation . .

Tangxi swithing Shijin 2

section township .

Beiyunshan Wangshentang 33network section

Guangdong province total 484.12 10642 641 6 8 1655 819

Total of the whole line 1449.08 104363 4732 15 81 2173 2855

30

2.4 Infrastructure Affected

Infiastructure affected include road reconstruction, water conservancy pipes,

communication cables and power supply cables. Main roads, simple roads in

countzyside, irrigation canal, drink eater pipes, cables and electric wires will be

rehabilitated by railway construction units according to their respective class and

quantity.

The following table shows the infrastructure rehabilitation along Wu-Guang line.

31

Infrastructure Reconstruction in Wu-guang line

\ Project Road reconstuction Water conservancy pipe Conmmurication Power reconstructionProject ~~~~~~~~~~~~~~~reconstruction Money in total

(Ten (Ten thousandPlace (km) (Ten thousand (kIn) (Ten thousand (hIn) (Ten thousand (km) thousand Yuan)

yuan) yuan) yuan) Y )

Guangzhou pivot 2. 78 219 2. 35 200. 0 245. 86 1784. 47 33. 24 24. 65 2048. 12

Hiengyang City 1. 72 123 1. 53 10. 5 124. 2 901. 15 11. 16 8. 4 1043. 05

Zhuzhou City 0. 36 9 3. 76 24. 8 23. 6 212. 4 246. 2

Changsha City 11. 29 92.4 13. 6 122. 4 214. 8

Wuhan pivot 1. 42 109 4. 76 39. 48 37. 3 335. 7 484. 18

The section between Hen-guang

except Hengyang city and 2. 7 188 2. 62 17. 3 157. 75 1143. 08 23. 04 22. 1 1370. 48

Guangzhou city

The section between Wu-Hen 0. 82 55 480. 1 4320. 9 4375. 9

except Wuhan city and Hengyang

city

Total 9. 8 703 26. 31 204. 48 1082. 41 8820. 1 67. 44 55. 15 9782. 73

32

2.5 Analysis of Project Impacts

The impacts resulting from the land acquisition and housing demolition for the

Capacity Expansion in Wuhan-Guangzhou Railway Line fall into three types:

(1) Impacts along the Line

Because of the application of "electrification based on existing facilities", there are

almost no projects along the line, no extension of rails nor widening of tracks, except

for some minor auxiliary projects involving very little land acquisition, averaging Is

than one mu every square km with a population affected, averaging less than one person

every square km. So the project can produce little impact along the line. The affected

villages can re-arrange the production and livelihood of the affected individuals by

reallocating land, which means there is no surplus laborer to be resettled.

(2) Impacts at the Pivots

As the land acquisition for the Expansion Project is converged at such major pivot areas

as Guangzhou, Hengyang, Zhuzhou, Changsha and Wuhan, a considerable amount of

land acquisition will result in a considerable amount of housing demolition in those

areas. The affected areas are either prosperous cities or comparatively prosperous

urban-rural junctions. The magnitude of land acquisition in the city suburbs is bound

to aggravate the problem of more population with less land, this is especially true of the

extra-large cities like Guangzhou, Changshs and Wuhan., along with urbanization and

modemization, which have caused a rapid diminution of cultivated land,. However, the

economic mainstay of those areas is no longer agricultual production. The income

from farming counts only 10% of the entire income in those areas. Therefore,

although land acquisition can generate grave impact on the local income from

agriculture, its impact on the total income of those areas is comparatively slight

Moreover, the local township enterprises and secondary and tertiary industries may

provide means of life and employment chances for the affected people.

(3) Impacts on the railway sector

33

The Capacity-Expansion Project of Wu-Guan Railing involves more than 50000 square

meter of housing, tens of shops, hundreds of the railway worker's housing to be

demolished. Particularly in Changsha and Xiannin , the People involved are

comparatively more, and demolition extends wide. The Ministry of Railway makes use

of the land of its own to handle employment and residence of affected people with the

Railway sector, moreover, these affected people from the places involved mass

demolition are resettled through purchasing a mass of Commercial apartments for them.

So no laborer will lose his job.

For detailed date of the impacts from the land acquired and housing demolition along

Wu-Guang line, see the following table:

34

Impacts of the Land Acquired and Housing Demolition in Wu-Guang Line

Item Unit Total Guangdong Hunan HubeiGuang Other Chang Other Wu Other__________ zhou sections sha sections han sections

I. Impacts of land acquiredI, Total area of landacquired Mu 3708. 26 431. 72 1363. 06 360. 19 690. 9 770. 55 91. 84

2. Areaofcultivatedlandacquired Mu 2397. 72 411. 69 317. 9 235. 89 600. 99 760. 85 70. 4

3. Households affected directly 3871 1109 602 465 469 1169 574. population affected directly Person 16210 4940 2606 1533 1866 5026 239

5. Proportionofcultivatedlandacquiredtothe % 2. 5 0. 4 1. 32 0. 56 2. 45 0. 2total cultivated land in affected area6. Average cultivated land acquired in affected mu 0.04 0.28 0.33 0.39 0.27 0.46

area per capita ._._.

7. Average cultivated land in affected area per mu 0. 12 0. 92 o. 89 1. 14 0. 76 1. 3capita _,....

8.. Average income of affected area Yuan/ 750 458 338 175 335 194month704533173319

9. Proportion of the income from farming to the % 10 45 20 70 15 68total income

II. Impacts of demolition

(i) Total area of demolition Square 113656.64 9077. 5 1352 19870.08 11605.67 14800______________________________ ______________ meter

I, Rural private housing Square 28321. 45 1748 4926. 08 11380. 37 10267_ _ _ __meter . _

2.. Urban private housing Square 1033 1033meter .

3. Housing of the railway staff and workers Square 13914. 8 411. 66 10278.24 3224. 9

35

4. Enterprises outside the railway sector Square 7951. 2 5207. 5 908. 4 1610___________________________________ meter _____

5. Enterprises within the railway sector Square 41951. 52 3782. 16 160 15370. 8 19030 3608. 56meter .

6, Shops outside the railway sector Square 15899. 6 2122 443. 6 13334meter _____

7, Shops within the railway sector Square 865. 18 865. 18___________________________________________ meter

8, Illegal buildings Square 3719. 89 219. 89 3500_____________________________________________ meter _________.

(OiiD) The total number of households with the 435housing demolition

I,. Household with rural private housing 162 9 24 68 61

2. Household with urban private housing 5 5

3.. Household with rural private housing 256 5 198 53

4.Household with housing in the railway sector 12 3 9

(iii).. Enterprises affected 40

I Enterprises outside the railway sector 12 8 2 1 12, Enterprises within the railway sector 28 7 1 10 5 5(iv) Shop affected 29I,. Shops outside the railway sector 23 16 2 5

2. Shops within the railway sector 6 6

(v) Population affected person 3309

1.. Population with rural private housing person 598 35 96 243 224

2. Population with urban private housing person 20 203.. Population with housing of railway staff and person 783 23 595 165

workers - -

4. Population with illegal buildings person 42 11 315' Employees of enterprises outside the railway person 420 289 60 36 35

36

sector -6, Employees of enterprises within the railway person 1012 231 25 410 185 161

sector .__7, Employees of shops outside the railway person 399 94 10 295

sector8, Employees of shops within the railway person 35 35

sector A_._.__.__._

(vi) average residential housing floorage Square 34. 35per capita meter1, rural average residential housing floorage Square 47. 36 49. 94 51. 31 46. 83 45. 83per capita meter2, urban average residential housing floorage Square 51. 65 51. 65per capita meter3, average residential housing floorage per Square 17. 77 17. 9 17. 27 19. 54

railway staff and worker meter(vii) size of enterprise and shops1I medium-sized enterprise within the railway

sector2, medium-sized enterprise within the railway 3 1 1

sector3, small enterprise within the railway sector 12 8 2 1 l

4, small enterprise outside the railway sector 25 6 1 9 4 55 medium-size shops outside the railway 5 5

sector .6, medium-size shops outside the railway

sector .7, small shops outside the railway sector. 18 16 28. small shops within the railway sector_ _ 6 6

37

3 Law Framework

In China, policies, laws and regulations conceming land acquisition and population

resettlement fall into a four-level hierarchy: at the top level are the fundamental polices,

laws and regulations stipulated and issued by the central government; at the second

level are the detailed implementation methods issued by provincial governments for the

motional regulations; at the third level are the specific policies and regulations by

municipal and county governments feasible in the localities and at the lowest level are

the preferential policies specifically stipulated by local governnents for a certain

project.

3.1 Policies, Laws and Regulations as the Basis

The following are the major policies, laws and regulations for the land acquisition and

resettlement of the Project to go by:

(1) "Land Administration Law of the People's Republic of China" (issued in June 1986

and revised in 1988).

(2) "Implementation Methods for the 'Land Administration Law 'of the People's

Republic of China".

(3) "China Regulations for Urban Housing Demolition & Relocation" (1991).

(4) "Guangdong Provincial Implementation Methods for the 'Land Administration Law

of China"'(July 1991).

(5) "Guangdong Provincial Regulations for Urban Housing Demolition & Relocation"

(1993)

(6) "Land Administration Regulations of Guangzhou City" (Dec. 1991).

(7) "Guangzhou Municipal Implementation Regulations for the Administration of

Urban Housing Demolition and Relocation" (Jan. 1992)

(8) "Hunan Provincial Implementation Methods for the 'Land Administration Law of

China"'(April 1992)

(9) "Hunan Provincial Detailed Implementation Regulations for the Administration of

38

Urban Housing Demolition & Relocation" (Oct. 1993).

(10) "Changsha Municipal Compensation and Resettlement Methods for the Land

Acquisition for State Construction" (Dec. 1991)

(I1) "Changsha Municipal Implementation Regulations for the Administration of Urban

Housing Demolition & Relocation" (Dec.1991)

(12)"Hubei Provincial Detailed Implementation Methods for the 'Land Administration

Law of China"' (March 1994)

(13) "Wuhan Municipal Compensation and Resettlement Methods for the Land

Acquisition for State Construction" (March 1994)

(14) "Wuhan Municipal Implementation Regulations for the Administration of Urban

Housing Demolition & Relocation" (March 1991)

3.2 Provisions of Policies and Laws

3.2.1 Relevant Regulations for Land Acquisition

(1) The urban land is owned by the state. The rural land is owned by the collective

except for that portion owned by the state according to relevant legal provisions. The

housing ground site, household reserved plots and hills are owned by the collective.

(2) In order to acquire land for state construction, the construction unit shall, after

obtaining relevant legal documents ratified by the responsible department of the State

Council or local governments at or above county level according to the relevant

regulations of the state, put in an application to the land administration departments at

or above county level for procedure handling for land acquisition.

(3) In the case of the land acquisition for state construction, the land utilizing unit shall

pay land compensation fee, resettlement subsidy and compensation for above-ground

attachment and young crops at the standards decided on in each province by referring to

national land administration laws and taking the local reality into consideration.

(4) The following are the general regulations of Guangdong, Hunan and Hubei

39

Provinces for land compensation:

A. In the acquisition of cultivated land, the compensation rate is 6 times the value of

the annual average output in the past three years prior to the land acquisition.

B. In the acquisition of such land as fish ponds and orchards, the compensation rate is

5 times the value of the annual average output in the past three years prior to the

land acquisition.

C. In the acquisition of such land as barren hilly land and shoals, the land shall be seen

as value-yielding and the compensation rate is 3 times the value of the annual

average output in the past three years prior to the land acquisition.

D. In the acquisition of housing ground site, the compensation rate is the same as that

for the neighboring cultivated land.

E. The compensation rate for young crops and above-ground attachment is the value

of one crop yield.

(5) The following are the general regulations of Guangdong, Hunan and Hubei

Provinces for resettlement compensation:

A. For the land expropriated unit whose cultivated land possession averages more than

one mu per capita before the land acquisition, the resettlement subsidy is 3 times

the value of the annual average output per mu in the past three years before the land

acquisition.

B. For the land expropriated unit whose cultivated land possession averages less than

one mu per capita before the land acquisition, the resettlement subsidy is 4 times

the value of the annual average output per mu in the past three years before the land

acquisition.

C. With every drop in average cultivated land possession by 0.1 mu per capita, the

resettlement subsidy shall accordingly rise one time the value of the annual average

output. But the maximum of resettlement subsidy shall be 10 times the value of

the annual average output.

D. If the above-stated compensation rates are still insufficient for the affected villagers

to maintain their former living standards, more subsidy can be added with the

approval of provincial govemments. But the sum of land compensation fee and40

resettlement subsidy shall not exceed the maximum of 20 times the value of the

annual average output of the land in the past three years before the land acquisition.

(6) The following are the general regulations of Guangdong, Hunan and Hubei

Provinces for labourer resettlement:

A. If the land expropriated unit has been acquired of all its land, or the village

production group has been left a land possession less than 0.1 mu per capita after

land acquisition, their agricultural residential registration can be converted into

non-agricultural one.

B. The surplus labour force resulting from the land acquisition for state construction

shall be resettled by the land administration departments of governments at or

above county level and township governments through either developing fanning of

sideline production or starting township industry or seeking some other ways.

(7) The following are the general regulations of Guangdong, Hunan and Hubei

Provinces for the use of compensation fees.

All sorts of compensation fees and resettlement subsidy disbursed for the land

acquisition for state construction shall be handled, except for the attachment

compensation and young crops compensation which are bound to go to the affected

individuals, by the govemments at or above county level through consultation with the

townships concerned, to be used for the land expropriated unit to develop production,

arrange jobs for the surplus labour force and allot allowance to those ineligible for

employment as their living expenses. These compensation fees shall not be detained

or diverted to any other purposes by any units or individuals.

3.2.2 Relevant Regulations for Housing Demolition and Relocation

(1) General Regulations for Management of Housing Demolition and Relocation.

A. After the administration department responsible of housing demolition & relocation

has checked and issued the license for demolition, it should publicize the relevant41

policies, formality procedure, resettlement plan and compensation rates for the

public to supervise the whole matter.

B. During the time limit set by the department concemed, the demolisher and the

demolished shall sign written agreement indicating unmistakably the scope of

demolition, the time of demolition, the payment of compensation and the

compensation sum, the resettlement housing area and location, the transitional

mode and the compensation for the transitional period.

C. In case the demolisher and the demolished have different opinions and can not

reach an agreement even through negotiation, the dispute shall be submitted to the

departnent issuing the license for arbitration.

D. If any one side in the dispute refuses to accept the arbitrate award, he can appeal

the case to the court within 15 days after he receives the award.

(2) General Regulations for Compensation of Housing Demolition & Relocation:

A. With the housing set up and tom down by the owner himself, it shall be

compensated at its reconstruction price.

B. If the area of the compensated new housing is within 2.5 times that of the

demolished one and falIs short of the urban per capita floorage standard, the excess

area of the new housing as compared with the old housing shall be paid for by the

house owner at construction cost price of its built-up area.

C. If the area of the compensated new housing is more than 2.5 times that of the

demolished one and exceeds the urban per-capita floorage standard, the area

exceeding the per-capita standard shall be paid for by the house owner at the

commodity price of its built-up area.

D. In the demolition of public housing, the residential part shall be compensated with

resettlement housing; the non-residential part shall be compensated according to

the original housing area.

E. In the demolition of housing and structure of public welfare nature and its

attachment, the demolisher shall reconstruct it, at the exact size and after the exact

nature, in conformity with the city's layout planning. Or the demolisher may

compensate it at its reconstuction price. The compensation shall also be used for

public welfare purposes.42

(3) General Regulations for Resettlement in Housing Demolition & Relocation.

A. The house user of the housing to be demolished refers to the resident who has the

legal residential registration and has actually been living in that house, or the office,

organization, enterprise or institution that either has the business license and has

started its business in that housing or takes it as its regular working place.

B. In the demolition of private residential housing, the demolisher shall resettle the

demolished by referring to the latter's former floor space. If the per-capita

floorage of the demolished is not up to the lowest urban standard, he shall be

resettled at the lowest urban standard.

C. If the demolished is removed from the city center in resettlement, his resettlement

floorage may be added, according to the different location of the resettlement site,

maximally by 50% of his former floorage.

D. For a temporaly removal of the demolished, the demolisher shall pay him the

transitional fee and fee for a second removal based on the standards stipulated by

the municipal land administration departnent.

E In the demolition of industrial and commercial housing, the demolisher shall, in the

event of no temporary resettlement housing for the demolisher or a break-off in

business or regular work because of removal, compensate the demolished by the

month according to the monthly average profit or salary on the part of the

demolished of one year prior to the announcement of housing demolition &

relocation, from the day of business cessation to the month when the demolished is

removed back to the resettlement housing.

F. If the industrial and commercial housing is relocated and the relocation is sure to

cause business loss, the demolisher shall make a lump-sum compensation to the

demolisher according to the actual conditions.

G. In the demolition of cereal shops, coal shops, post offices and public conveniences,

resettlement shall go before demolition.

43

3.3 Preferential Policies Specfically Stipulated for

the Project of Wu-Guang Line

The Capacity-Expansion engineering in Wu-Guang railway section is profoundly

significant in that it can raise the railway transport capacity of Guangdong, Hunan and

Hubei provinces, improve the investment environment of the three provinces, accelerate

the refonn and opening to the outside world and boost the economic development of the

three provinces. Some specific preferential policies have been made in each of the

three provinces, different in minor points but the same in essentials, for the purpose of

rendering support to the project engineering. Take Document No. 13(1993) of Hunan.

Provincial Government for example. There are some actual measures taken by the

local government to show its support to railway construction:

(1) According to the document, the Provincial Land Administration Bureau will be the

general contractor, the prefecture, municipal and county govenmments will be the

subcontractors;

(2) The land compensation and resettlement subsidy will conform the lowest times of

the Hunan Implementation Methods for Land Administration.

(3) Development fund for fish pond and vegetable plot, fee for auxiliazy projects to

urban construction, labour fee, fee for city layout planning and designing, post

installation fee and construction fund for traffic facilities will be exempted

unexceptionally at provincial, prefecture, municipal and count levels;

(4) Any additional fees claimed by townships and villages shall be exempted;

3.4 The Concord of the Reseftlement Policies

between the World Bank and China

44

(1) The General Policies and Goals Set Out by the World Bank

The major principles advocated by the Bank on population resettlement can be boiled

down into the following two: First, try the best to minimize the amount of land to be

acquired, housing to be demolished and the number of population to be affected by

comparing and appraising alternative resettlement action plans and adjusting the design

plans; second, try the best to handle the resettlement of the affected population if land

acquisition and housing demolition is inevitable, and at least to ensure the affected

population a living standard not lower than that before the land acquisition and further

to enable them to enjoy a better living standard by benefiting from the project.

Such principles of the Bank's can be expounded in the following ways:

A. All the alternative plans should be taken into consideration for the purpose of

avoiding or minimizing land acquisition, housing demolition and the number of

affected population.

B. If population displacement is inevitable; resettlement action plans should be

prepared at the initial stage of engineering preparation.

C. The affected population should receive the compensation sufficient enough to make

up for their loss before their actual removal.

D. The affected population should get help during their removal and transitional

period.

E. The affected population should have means of life and chances of getting better-off.

There should be resettlement policies and plans whereby the production and

livelihood of the resettlers can be rehabilitated.

F. The affected population should be encouraged to take an active part in the whole

process of the planning and conducting of resettlement Appropriate forms of

mass participation should be sought for and the conduit for grievance appealing

established.

G. The immigrants should become identical economically and socially with the native

residents of the resettlement area.

H. Special concern should be shown to the vulnerable group by giving them more

help. 45

(2) High Concord of China's Policies with the Requirements of the Bank

The current polices and regulations regarding population displacement caused by

project engineering are unanimous with the Bank's goal for migrant resettlement, which

can be illustrated by the resettlement of four types of affected population in the project:

Type 1: urban or rural population affected in residential housing demolition

All the regulations concerning housing demolition issued by the provinces concerned

are meant to ensure the affected population at least a recovery of their former living

standard. According to such regulations, the floorage of the resettlement housing shall

not be less than that of the fonner one; the compensation to all sorts of housing shall be

calculated according to the reconstruction cost; compensation shall be disbursed before

demolition; favorable policies shall be offered to the vulnerable group who are very

poor and suffering from difficult housing condition (if their floorage is below the lowest

average urban floorage standard, the gap shall be mad up; the solitary old folks will be

resettled at the same standard as the one for a couple)

Type 2: enterprises and their employees affected in industrial and commercial housing

demolition

All the regulations concerned are intended to protect the interests of industrial and

commercial enterprises from being impaired. According to such regulations,

enterprises and shops shall be compensated at reconstruction cost price.

Compensation shall also be paid for the loss caused by a cessation of production or

business, the cost of moving out and business doing in other place.

Type 3: villages and villagers affected in rural land acquisition

The detailed implementation metiods of land administration by the provinces

concemed prescribe the minimal and maximal sums of compensation for land

compensation. Whenever possible, compensation should be made by land exchange in46

order to diminish resettlement risk.

Type 4: proprietary right owners and the residents affected in the demolition of

infrastructure

Each province concemed has specific regulations for the infrastructure land acquisition.

According the regulations, infrastructure can be demolished only after it is

reconstructed at the same size elsewhere.

47

4 Compensation Fees

The fee for the land acquisition, housing demolition and resettlement in the Capacity

Expansion Project of Wuhan-Guangzhou railway line, as art of the total budget of the

project, shall be disbursed by the MOR (the project owner). The support from local

governments is manifested in the favorable policies to reduce or exempt various taxes.

4.1 Principles for Compensation

(1) Compensation for land acquisition and housing demolition will be paid in

accordance with "Land Administration Law", and "Housing Demolition Regulation"

issued by the state and the detailed implementation regulations issued by the localities

that are consistent with terms of this RAP, and the relevant regulations of the RAP.

(2) Replacement cost is the criterion whereby to determine whether the compensation

standard is reasonable

(3)Whether the affected population is ensured a recovery of its former

living standard in the shortest possible time is the criterion to judge the compensation

standards in terms of sufficiency.

42 Contents and Standards of Compensation

4.2.1 Compensation Contents

(I) compensation for land acquisition

A Land compensation fee

B Resettlement subsidy

C Young crops compensation

D. Fees to be paid to the provincial and municipal governments such as

agricultural development fund for key items, development find for new regrettable plots

48

and cultivated land utilization tax is all exempted.

(2) compensation for housing demolition

A housing compensation

B compensation for transitional period

C compensation for removing

D Compensation for work and production held up

E Compensation for illegal buildings

(3) Compensation for aboveground attachment

A. Compensation for trees

B. Compensation for fruit trees

C. Compensation for wells

D. Compensation for tombs

E. Compensation for Sunning concrete ground

F. Compensation for enclosure

(4) Compensation for infrastructure

A. Compensation for road removed

B. Compensation for water conservancy pipes

C. Compensation for Communication cables

D Compensation for power supply wires

The following table shows the compensation standards outside and with in the railway

sector in great detail.

49

Compensation Standard outside and within the Railway Sector in Wu-Guang line

item Guar dong Hunnan Hubeiunit Guanzhou Others Changsha Others Wuhan otherssections sections

1 Outside the railway sector(i), compensation for land acquired

and resettlement standard1. cultivated land __._._._-

paddy field 10,000yuan/mu 15.2 1.6-3.4 4.2 1.6-3.6 4.2 1.6vegetableplot 10,000yuan/mu 15.4 1.8-3.6 4.4 1.8-3.8 4.4 1.8dry land 10,000yuan/mu 14.4 1.2-3 3.4 1.2-3.2 3.4 1.2fishing pond 10,000yuan/mu 15 1.5-3.3 4 1.5-3.5 4 1.5orchard 10,O00yuan/mu 15.2 1.6-3.4 4.2 1.6-3.6 4.2 1.6land used to build house 10,000yuan/mu 14.8 1.3-3.1 3.8 1.3-3.3 3.8 1.3

2 . non-cultivated land ___Bush 10,000yuan/mu 0.06 0.04 0.06 0.04 0.06 0.04sloping field 10,000yuan/mu 0.08 0.06 0.08 0.06 0.08 0.06

( ii ) compensation for young crops1.. paddy field 10,000yuan/mu 0.16 0.12 0.12 0.1 0.12 0.12. vegetable plot I10,000yuanlmu 0.18 0.14 0.14 0.12 0.14 0.123. dar land 10,000yuan/nmu 0.1 0.07 0.07 0.06 0.07 0.06

(iii).. aboveground attachmentI . trees Yuan/one 60 40 45 35 45 352.. fruit tree Yuan/one 50-1500 20-1000 25-1000 15-800 25-1000 15-8003. well Yuan/one 500 300 500 300 500 3004, tombs Yuan/one 500-1000 300-600 300 250 300 2505. sunning concrete ground Yuan/square 80 30 40 25 40 25

meter .

50

6, enclosure Yuan/square 80 30 40 25 40 25meter

( iv ) . compensation for housingdemolition

I brick and concrete Yuan/square 1200 800 650 500 650 500meter .

2, brick and wood Yuan/square 800 500 400 250 400 250meter .

3, simple Yuan/square 250 150 150 100 150 100meter

4. brick and concrete (illegal) Yuan/square 1200 800 650 500 650 500m eter__ _ _ _ ___ _ _ _ _ ___ _ _ _ _ _

5, brick and wood (illegal) Yuan/square 800 500 400 250 400 250meter _

6, simple (illegal) Yuan/square 250 150 150 100 150 100p i)__ _ _ __ _ _ __ _ __ _ _ __ _ _m eter 250 _____________

(v), compensation for transition andremoving

1. compensation for transition Yuan/month/ 4.5 3 4.5 3 4.5 3period square meter

2. removing fee 460 350 460 350 460 3503, compensation for work and Yuan 1000 600 600 600 600 400

production held up /month, person11. within the railway sector

(i), compensation housing demolition _

I,. brick and concrete Yuan/square 700 700 700 700 700 700____ ___ ____ ___ ____ ___ ____ ___ ___m eter

2, brick and wood Yuan/square 400 400 400 400 400 400meter

3. simple Yuan/square 150 150 150 150 150 150

51

meter .

4, brick and concrete (illegal) Yuan/square 700 700 700 700 700 700m eter . _..._.___. __ . _..

5S brick and wood(illegal) Yuan/square 400 400 400 400 400 400meter

6. simple(illegal) Yuan/square 150 150 150 150 150 150meter _______

(ii.) compensation for transition andremoving

I. compensation for transitional Yuan/month/ 4.5 4.5 4.5 4.5 4.5 4.5period square meter

2, removing fee 460 350 460 350 460 350

3 compensation for work and Yuan 600 600 600 600 600 600production held up /month. Person111. infrastructure ___ _ __.

( i ) , compensation for roadreconstruction _ ______

1, main road 10,000/moth/ 311 300 300 300 300kilometer

2, road ofcountryside 10,000/moth/ 4. 32 3. 8 3. 61 3. 73 6. 1kilometer .

( ii) compensation for communication 10,000/moth!kilometer

1I cable 10,000/moth/ !S 15 IS 15 IS 15kilometer 5 5 _ _A 1 15

2, mainline 10,000/moth/ 4. 59 3. 95 4. 8 4. 67 4. 92 4. 79kilometer

(iii), power supply_1, main line removed 10,000/moth/ 1. 4 1. 4 1. 4

kilometer

52

2. wires 10,000/moth/ 0. 42 0. 36 0. 32kilometer

(iv)> water conservancyI,c irrigation cannel 10,000/moth/ 5. 33 4. 2 6. 53 4. 95 5. 14

kilometer2, drinking water pipes 10,000/moth/ 10 7. 6 9. 45 7. 84 11. 23

kilometer

53

4.3 Calculation of Compensation Rate for Land Acquisition

1) On account of the ever-increasing difficulties with labour force resettlement, the

proportion of resettlement subsidy in this project has been raised to 60% in contrast

with that of land compensation, which is 40%.

2) That the compensation disbursed in this project is sufficient enough to ensure the

rehabilitation for the affected villages and groups can be illustrated with Guangzhou

and Puqi, where the compensation is either the highest or the lowest in this project.

3) The compensation for land acquisition in Guangzhou is 150000 yuan per mu, of

which the land compensation fee is 60000 yuan, equal to the annual output value of

vegetable plot 1800 yuan/mu x 33.3 times; the resettlement subsidy is 90000 yuan,

equal to the annual output value of vegetable plot 1800 yuan/mu x 50 times.

According to the land law of the state, the sum of the land compensation fee and

resettlement subsidy should not exceed 20 times of the annual average output value

of the past three years prior to land acquisition. However, in view of the great

difficulty in the land acquisition, the total sum of land compensation fee and

resettlement subsidy in Guangzhou has reached 83.3 times of the annual average

output value of the past three years prior to land acquisition, far in excess of the

maximum fixed in the state land law.

4) The compensation for land acquisition in Puqi is 15000 yuan per mu, of which the

land compensation fee is 6000 yuan, equal to the annual output value of vegetable

plot 1200 yuan/mu x 5 times; the resettlement subsidy is 9000 yuan, equal to the

annual output value of vegetable plot 1200 yuan/mu x 7.5 times, the total

compensation thus being 12 times of the annual output value of vegetable plot per

mu. The compensation has reached the standard stipulated in the land law of the

state, sufficient enough to secure the welfare of the affected villages and individuals

from being impaired.

54

4.4 Calculation of Compensation Rate for Demolition and

Relocation

1) The housing compensation standard shall be determined by referring to the housing

reconstruction price. The used material from the demolished housing shall not be

deducted from the compensation fee.

2) Illegally set-up housing shall be treated in the same way as other housing in respect

of compensation standard.

3) Compensation for housing demolition and relocation is sufficient enough for the

affected units and individuals to reconstruct their housing at the reconstruction price,

which can be illustrated with the cases of Guangzhou and Hengyang, where the cost

of housing construction is either the highest or the lowest in this project.

4) In Guangzhou, the compensation rate outside the railway sector is 1200 yuan per

square meters for concrete-brick structured housing and 800 yuan for brick-wood

structured housing; that within the railway sector is 700 yuan per square meters for

concrete-brick structured housing and 400 yuan for brick-wood structured one. By

calculation, the reconstruction prices per square meters of concrete-brick and brick-

wood housing in Guangzhou are respectively:

Concrete-brick structured: material cost (steel bars, cement, sand, aggregate, bricks,

etc.) + labuor cost + machinery cost + earth & stone work cost = 700 yuan;

Brick-wood structured: material cost (timber, cement, sand, aggregate, bricks, etc.)

+ labuor cost + machinery cost + earth & stone work cost = 400 yuan;

Obviously, the compensation standard outside the railway sector is higher than the

reconstruction price, which accounts for the difficulty of the demolition and

relocation in Guangzhou.

5) In Hengyang, the compensation is 500 yuan per square meters for concrete-brick

structured housing, and 250 yuan for brick-wood structured housing. By calculation,

the reconstruction prices per square meters of concrete-brick and brick-wood

55

housing in Hengyang are respectively:

Concrete-brick structured: material cost (steel bars, cement, sand, aggregate bricks,

etc.) + labuor cost + machinery cost + earth & stone work cost = 500 yuan;

Brick-wood structured: material cost (timber, cement, sand, aggregate, bricks, etc.)

+ labuor cost + machinery cost + earth & stone work cost = 250 yuan;

By calculation, the compensation rate is sufficient enough for the affected units and

individuals to reconstruct housing at the reconstruction price.

4.5 Calculation of Compensation for Fruit Trees

Compensation with fruit trees is little bit more complicated compared with other

aboveground attachment. Along with the development of economy, the market

compensation for fruit trees has now doubled the standard prescribed by the

government. See the table of the categories, amount and unit prices of compensation for

the detail.

56

Compensation Standards for Fruit Trees in Wu uan Line\ Standards _ Young ruit tree Growin fruit trees Grown-up fruit trees

______I m :'2 m First year Second year Second category First categoryTypes Price Amount Price Amount Price Amount Price Amount Price Amount Price Amount1. Longan 45 220 60 45 1000 33 1500 402. Litchi 130 55 160 45 150 60 500 48 800 203. Mango 40 120 80 200 250 15 300 III4. Orange 25 158 35 86 120 456 160 2685. Chinese chestnut 80 112 145 12 200 66. Plus 35 160 45 64 140 186 180 227. Banana 20 116 40 5658. Pear . . 25 202 35 318 110 60 150 1259. Apple 25 360 35 70 110 44 150 50

10. Pomegranate 120 18 160 70

11. Pineapple . 19 48 .

57

4.6 Funds Budgeting and Investment Planning

(1) Expenses on resettlement is included in the total budget of the project. On effecting

of the project funds needed for resettlement is included in the annual investment plan of

the project.

(2) Investment on resettlement of the project totals 318,426,100 Yuans, including

118,088,200 Yuan expended on land acquisition, 68,138,800 Yuan housing demolition,

132,199,100 yuans other fees.

(3) To keep pace with the engineering plan ,investment in 1998 takes up 29% of the

total investment, investment in 1999 takes up 53% of the total investment, investment

in 2000 takes up 18% of the total investment.

(4) Management fee is 3% of the combination of compensation for land acquired,

compensation for housing demolished and compensation for aboveground

attachment.(excluding infrastructure fee)

(5) Unforeseen fee is 10% of the combination of compensation for land acquired,

compensation for housing demolished and compensation for aboveground

attachment.(excluding infrastructure fee)

For detailed budget of all expenses above, see sheet of funds for land acquisition and

demolition along Wa-Guan line. For the engineering schedule, see the table of the

engineering schedule of the Project.

4.7 Fund Movement and Management

(l)The MOR, as the project owner, shall disburse the fund to the land bureaus of the

three provinces at the given times and the given sums prescribed in the RAP.

58

(2)The land bureaus of the three provinces, in turn, shall forward the fund to the local

governments and affected institutions and enterprises punctually according to the

agreement signed with the cities and counties concerned.

(3)The township government, upon receiving the fund, shall duly allot the

compensation to the affected villagers, township enterprises and their staff members

and, at the same time, use the land compensation fee which belongs to the collective to

develop production, resettle surplus labor force.

(4)In urban housing demolition, the municipal land bureau allots compensation directly

to the affected individuals.

(5)The compensation to enterprises shall be allotted to the affected enterprises by the

land administration departnent. The former may use it to develop production and

compensate the affected workers resulting from the cessation of production.

(6)The management fee and unforeseeable fee shall be at the disposal of the provincial

land bureau who shall allot the fees to governments of different levels in proper

proportion according to their working.

(7)The project owner and governmental departrnents responsible at all levels should

take good care of the compensation fees and strictly forbid the funds to be used for

other purposes.

(8)Government at all levels should act strictly on relevant policies and regulations and

make sure no embezzlement of the funds in any form would happen.

(9)Establish a strict fund allotrnent system. Fund can be disbursed only to the approved

projects and in conformity with annual fund disbursement budget. No abuse of fund is

allowed.

(lO)Establish a strict accounting system. The accounting shall be open to the

59

supervision and examination by the project owner, persons responsible and thedisplaced population.

(11) Before the disbursement of collective compensation, either the provincial andmunicipal governments or district and township governments shall send personnel tocheck the feasibility of the utilization plan.

(12) Towards the end of each year, the government department responsible shall havethe financial and audit departments jointly examine the utilization of compensation.

(13) Every year, the relevant information about the financial income and expenditureshall be copied by the resettlement managerial departnent to the external monitoringinstitution.

60

Master Table of Primary Estimates of Compensation for Land Acquisition,

Housing Demolition in Wu-Guang Lineunit: ten thousand yuan

Guangdong province Hunan province Hubei rovinceItem Total Guang Other Changsha Other Wuhan Other

zhou city Sections city sections city sections1I compensation for land acquired 11808.82 _

I, land fee 4723.53 2508.02 183.27 342.16 456.41 1164.7 68.972.. resettlement fee 7085.29 3762.04 274.89 513.24 684.62 1747.04 103.46

II. compensation for demolition 6813.88I,. compensation for housing rebuilt 6778.09 939.67 85.87 2973.34 396.81 1904.06 478.342. compensation for transitional period3, compensation for removing housing 35.79 2.21 0.81 22.45 4.83 3.91 2.214 . compensation for work and

production held upIII compensation for aboveground 538.06attachment . ._.

1, trees fee 463.79 8.29 37.04 1.49 9.75 405.45 1.772. fruit tree fee 48.65 5.18 23.67 0.38 11.52 7.93. well fee 0.59 0.05 0.15 0.05 0.09 0.254. tomb fee 2.57 0.15 0.24 0.05 2.13

5S sunning concrete ground fee 9.29 4.84 3.15 1.36 .enclosure fee 13.17 5.56 0.37 0.42 1.5 5.32

IV, infrastructure fee 9782.73

(i) road reconstruction fee 7031.. main road fee 672 210 180 126 105 51

61

2, road of countryside fee 31 9 8 6 4 4(ii ) communication reconstruction 8820.1

I, cable fee 5545.5 945 705 84 615 226.5 29702, main line fee 3274.6 839.47 438.08 38.4 498.55 109.2 1350.9

(iii), power supply reconstruction fee 55.151, main line fee 14.63 18.62 6.32. wires fee 10.02 3.48 2.1

(iv). water conservancy 204.48I I irrigation cannel 61.89 4 3.46 32 10.59 11.842, drinking water pipes 142.59 16 13.84 60.44 24.7 27.61

V, others fee-I management fee 574.82 217.08 18.26 115.61 47.01 157.22 19.64-2. unforesecable fees 1916.08 723.6 60.88 385.35 156.69 524.08 65.483 RAP-writing fees 25 4. external monitoring fees 383.22 _ . ._._

VI, fund total 31842.61 10224.81 2058.45 4569.33 3059.82 6406.21 5115.77VIl, investment plan

1I, investment plan in 1998 9524.19 2965.19 596.95 1325.11 887.35 1857.8 1483.572, investment plan in 1999 16660.23 5419.15 1090.98 2421.74 1621.7 3395.3 2711.363. investment plan in 2000 5658.19 1840.47 370.52 822.48 550.77 1153.11 920.84

Note: The investment plan of 1998 includes the fees for both the RAP writing and the external monitoring of resettlement.

62

Schedule of the Land Acquisition and the Project Engineeringunits year, quarter

Schedule of land acquisition and Time of start and finish of engineeringSub-projects housing demolition

1998 1999 1998 1999 2000

4 1 2 3 4 4 1 2 3 4 1 2 3 4

llankou passenger trains - -

o mnintenanec yard

liandan up-going--o line _ _ _ _ ____ _ _

West jiangan - -

station _ _ ___

.t > Tuoluokou -

marshalling yard _ _ _East Wuchang - -

station _ _Tracks 3 and 4 of _Wuchang station _

.Wuchang passenger - -

trmins maintenance yard

South Wuchang - -_ station _ _

I -ifang contact network -

section, track garage . __ _

X Wulongquan division - -

section _ __.__

> HBeshengqiao network - - -

section track garage

63

Heshengqiao haulage - - -

- transformer substation

0 . Xiannin networksection, division - -.

i _ section, track garage

Guantangyi haulagetransformer suibstation ___.

Puqi division section - -

Chibi station: technicalrenovation, networksection , track garage

Renovation __

. Linxiang network section,division section -

Yunxi network section

Yueyang north - -

S El switching section . . _ _

>e Yueyang network section,division section . . .

I lubin network section

Hubin station

64

Hubin track garage line - -

Yueyang residential - -

quarters . _

Rongjiawan network -

sectionRongiiawan

0 transformer substationto Rongjiawan trackc garage _ _

>. >Rongijawan residential _

- quartersMilou network section _ -

Miliu transformnersubstation

Taolin network section, _ = = =division section _ _

c) Taolin residential _ -

0 quarters

.-, Chuanshanpin divisionsection

Gaojiafang networksection _

Qiaotaoyi transformersubstation .

65

Changsha station -

Changslia residentialquiarters ___

Laodaohe networksection earth borrow _

> ~~~areaQ ~ ~ ae __ __ .___ ____ _ _ _ _ _ _

c Liuyanghe emergency _project - -

co Changsha down-goingC... passenger train dispersing

lines line _ __ _ _ __ __ _ _ ._ _ __ __ _ _ _ _

Changsha east network - _

section division_section

Datuopu transformer - _ _

.5 substation _

0.. = ^Muyun city network3 3 > section

Baimalong divisionsection

Zhuzhou pivot . - -

Xiangqian ushering -

line . _c) Zhuzhou residential

0 quiarters

66

Laoguanzhong earthborrow area

Lukao netwvork section, _division section _ _

a Jintian network sectiona

o Jintian transformer - -_

substation _ _ ._.

N Zhutin network section,division section .. . __._ _

Weishan networksection _

o c Weishan transformer0

3 : . substation _ _ _ _

Xinxialiu division -

sectionDapuwei network .

sectionWeiyang pivot - -_

*w Weiyang power supply _ -

section _co Weibai transformer

substationDongyangdu

transformer substationWuytuan division

u.gn ssection67

to Laiyang transformersubstation _ _

Gongpinxu divisionsection

Pingshibai divisionsection

Shaogian station -

5 o 0 CZhitong Town,Shaogian City

a Shanzibei divisionsection _ _ _

Maba network section

c _ Wushi transformer

substation

Hetao network section : : r_= _

Yinde station _ _ _

Shahekao division section,

to transformer substation

Lianjiangkao transformer -

substation, network section . _

Jiaohenshi divisionsection . _ .__.

Pajiangkou quarry -

w Tanyuan networksection

68

Huadu station _

o X Juntian division section

Guangzhou north -

station

Dnlang station - _ - _

Tnngxi station - - = -. -

The thiird line of - -

Guangbai-tangxi

GCuanghou nortih haulage

CD) tnkmfaanner stlalIk, .,

dIvI-donnieccion _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _

Tungxi switching - - - -

section

Daiyunshnn network - - -

section

69

5 Reseftlement and

Rehabilitation Plans

5.1 Goals of Resettlement

(1) The displaced population should be given the chance of benefiting from project

development;

(2) The displaced population will be able to raise, with the help from the govermment,

their income standards, or at least restore their former income standards;

(3) The resettlement of agricultural population should depend on land as much as

possible in order to minimize resettlement risk;

(4) In the transference of jobs whenever necessary, the educational background of the

affected persons should be fully taken into account and consideration should be

given to the willingness of the affected persons;

(5) The resettlement plan should be made jointly with the villager representatives

through consultation and mass participation should be encouraged throughout the

whole process of resettlement;

(6) Before the actual implementation of land acquisition and displacement, the

affected population should get their due compensation for all their loss at the

standards stipulated in the RAP;

5.2 Resettlement and Rehabilitation Plans for Rural PAPs

S2.1 Resettlement Plan for Rural PAPs in Land Acquisition

(l)The fact that the land to be acquired along the railway line is small in amount and

segregated in distribution will produce comparatively slight impact on the per capita

land possession in the affected villages. On the other hand, the towns along the

railway line have over I mu of land possession per labour. Internal land reallocation

70

method, therefore, can be adopted in the affected villages along the line. Land

compensation fee will be utilized convergently in the transformation of the low- and

mediocre- yielding field, in the introduction of proved scientific and technological

achievements in order to raise the output value, which will be realized mainly in:

-improvement of irrigation facilities;

- amelioration of the soil, leveling of the fields and more application of fertilizer;

- more fumding in economic plants which are expected to bring more profit, for

example, development of hothouses to plant vegetables;

- development of such sideline production as the breeding of pigs, cattle, chicken

and ducks;

- sensible choice of 2 or 3 industries with potential to alter the rural production

setup.

(2) Very little land will be acquired from the counties of Guangdong Province along the

line, which will result in little impact, except for Qingyuan City where the amount of

land to be acquired is comparatively large, but the cultivated land to be acquired

takes only a small portion, of which 1000 mu is bushy and hilly land, all non-

cultivated with no economic plants. The Lianlian town in Qingyuan city has 0.92 mu

of land possession per labour before the land acquisition and 0.9 mu after the land

acquisition, so there will be little impact with the land acquisition.

(3)The land to be acquired for the construction of a new railway station in Puqi, Hubei

Province, several score mu in area, was specifically approved by the MOR at the

request of Puqi Municipal Govemnment. The present Puqi Station, closely adjoined

by a cement factory and thus severely suffering from pollution, is left with little

space to expand. For this reason, express trains seldom stop here. Puqi Govemment,

feeling an urgent need to boost the local economy, offers to acquire land with its

own fund to build a new Chibi Station (taking advantage of the renowned historical

site of Chibi (inflamed cliff) originating in the Three Kingdoms time) where all the

passing express btans are expected to halt The present station will then fimction as

a freight station.71

The affected population is pleased with the new station project for the reason that

the development of a new urban district and a Three Kingdoms tourist resort

centering on the new station will surely provide the affected population with more

openings of jobs and enable them to increase their income. In addition, business

floorage will be reserved in the new station square for the affected villages and

production groups. Puqi Government will also invest 50 million November 15,

1998yuan RMB to build such infrastructures as water and power supply, roads,

hospital and green belt auxiliary to the station. The affected population will be the

first to benefit from such construction which is bound to greatly augment the value

of the land around the station. Moreover, the present per capita land possession in

Puqi is 1.3 mu (that of Hubei Province being 0.86 mu). Even after the land

acquisition, the land possession per capita will still be over one mu in the affected

villages, which means the production resettlement can be done by internal land

reallocation.

The compensation rate for the land acquisition by Puqi Government is 1S thousand

yuan per mu for the land along the line, the stipulated standard for the project. Puqi

Government has by now disburse 50% of the total fund to the municipal land

administration bureau, with the rest part to be punctually paid once the contract

between the land bureau and the affected population is signed. The construction of

the new station will not be started until then.

(4) In subuiban rural areas, the villagers have already been left with comparatively small

land quantity. The project, again, will acquire a considerable amount of land from

Guangzhou, Changsha and Wuhan, which will certay make the problen more

acute. Internal land reallocation, therefore, is not applicable in this case. The local

governments, however, have found out solutions to this problem, each in a different

way:

-In Wuhan, the measure 'acquire ten to return one" is adopted in consideration

that the cultivated land in the suburbs is decreasing and it is impossible to prevent

the living standards of the affected population from descending by depending on

72

agriculture only. As a matter of fact, over 80% of the income of the suburban

villagers is no longer from agriculture. For the sake of affected population, the

government has decided to acquire ten percent more land in the land acquisition to

return it to the villagers. As the ownership of the returned land has changed (from

collective-owned to state-owned), it now can be used by the affected villages to

develop business (as collective-owned before, it could only be used for agricultural

purpose). The measure "acquire ten to return one" will be adopted in Chasha and

Guangzhou.

-In Changsha, the govenmuent has made a policy of providing the displaced

population with large-sized flats. After the land acquisition, a few production groups

will be virtually left with no cultivated land. In view of this situation, a unique

resettlement plan has been contrived in Changsha, according to which, housing

ground site will be chosen in prosperous urban zones to build four-storied housing

with government provided infrastructure (including facilities for water and electric

power and road and so on) and with each unit for only two households. The average

housing area for each family is about 280 m2; the household live on one floor with

the other three floors about 210 m2 in total area to be rent out If affected people is

in lack of funds, they can get loan from banks at low interests. It has turned out that

the income from the rent is over twice that from farming Again, the housing is

looked after largely by old or female folks of the household with the able-bodied

family members seeking jobs elsewhere to obtain more income.

Such large-sized flat providing method has also been adopted somewhere in

Guangzhou and Wuhan.

(5) According to the relevant regulations of the state, if the land possession per capita is

below 0.1 mu after land acquisition, the rural residential registration of the affected

villagers may be converted to non-rural one. The affected villagers in the suburbs of

Guangzhou, Changsha and Wuhan are by and large eligible for such conversion. But

according to investigation and questionnaires, the affected population basically tend

to abandon such 'chancee and keep their rural registration, probably for the

following reasons:73

A. Suburban rural collective economy is usually well developed and the village and

production group have fairly good economic means. If the affected villagers

remain their rusal registration, they can get a yearly bonus about 5000 to 10000

yuan from the collective. Otherwise, they can not have such bonus. Take

Hejiatun Village for example. It has village enterprises as many as 36 with an

annual output value last year 7 hundred million yuan. In other words, each

labourer had a bonus of ten thousand yuan. Any one above 50 of age there is

counted as senile and as such is eligible for a monthly pension of 120 yuan. Same

is the case with Huoju Village, Furong District of Changsha and Jianggao Town

of Guangzhou.

B. Urban enterprises, with limited oapacity of absorbing rural labourers, will pay

relatively low salary and are unable to guarantee sure jobs. Besides, the

requirements are strict, which appears disagreeable to the undisciplined villagers.

C. On the. other hand, suburban villagers enjoy numerous chances of earning money,

such as seeking jobs elsewhere, undertaking transportation or small business,

renting out their housing and working in township enterprises.

(6) Against the general economic background that China is transferring from planned

economy to market-oriented one, self-employment is the commonest and the most

realistic choice. Those who seek jobs by themselves may get a lump-sum

compensation, respectively, 60000 yuan per capita in Guangzhou, 25000 yuan in

Changsha and Wuhan, and 13000 yuan in Hengyang and Zhuzhou. Together with

income from other means, the living standards of the affected population can be

secured against a drop. One thing to note is that all the other job seekers do not like

to get the compensation for the reason that if they keep the compensation for

themselves, they will be seen as separated from the village collective and

accordingly they will no longer have their share in the village bonus and other

village welfare. The village collective will use land compensation fee and the

resettlement compensation to start village industries whereby the villagers can have

their bonus share. In this way, moreover, the surplus rural labourers will have more74

job openings and the villagers will have another steady source of income.

7) An investigation on the suburban villagers of Guangzhou, Changsha and Wuhan

shows that long before the project, the affected villagers of the three cities no longer

relied on agriculture to earn their living. Such methods as " acquire ten to return one"

and " large-size flat" and the comparatively high compensation standard will accelerate

their urbanization.

A. The population of 4940 from 1109 households in Guangzhou affected in land

acquisition will be resettled in 4 different ways: first, they can renounce their cash

compensation of self-employment and thus remain their membership of the village

collective. In fact, they have already found jobs for themselves, such as undertaking

small business or transportation. About 45% of the affected people will be resettled

in this way. Second, they can seek jobs in township or village enterprises. Some

people had already been working in such enterprises before the implementation of

the project. The land compensation fee and resettlement subsidy will be used

collectively to ameliorate and expand the original township enterprises. About 25%

of the affected people will be resettled in this way. Thirdly, they can make use of the

land returned by means of "acquire ten to return one" to develop commercial

business, set up farm product markets or office buildings. About 18% of the

population will be resettled in this way. Finally, they can rent out part of their large-

sized flats to immigrant workers. About 12% of the affected will be resettled in this

way.

B. The population of 1533 from 465 households in Changsha affected in land

acquisition will be resettled in 3 different ways: First, they can make use of the land

returned by means of "acquire ten to return one" to develop commercial business.

Take Gaoqiao Township. They have successfully resettled over 300 labourers by

75

using the 56 mu of returned land to set up large warehouse and develop

transportation business. About 48% of the affected population will be resettled in

this way. Second, they can rent out part of their large-sized flats. In addition, the

young and able-bodied labourers of the households can go out and find jobs

elsewhere. About 35% of the affected population will be resettled in this way.

Thirdly, they can start new township and village enterprises or resettle labourers in

the existing township enterprises. About 17% of the affected population will be

resettled in this way.

C. The affected population of 5026 from 1169 households in Wuhan will be resettled in

four different ways: First, they can be resettled in the existing township enterprises.

Take Hejiatun Village of Jianghan District. They have resettled nearly 200 labourers

in the present 36 village enterprises. The land compensation fee and resettlement

subsidy can be used collectively to renovate and develop the current enterprises.

About 30 % of the affected population will be resettled in this way. Second, they can

make use of the returned land from "acquire ten to return one" to develop

commercial business and other secondary and tertialy industries. Take Binghu

Village of Hongshan District. They make full use of the advantageous location of

the returned land to start hotels and catering trade and have resettled a large number

of labourers. About 38 % of the affected population will be resettled in this way.

Thirdly, they rent out their large-size flat and have their able-bodied household folks

seek jobs elsewhere. About 17% of the affected population will be resettled in this

way. Finally, they renounce their cash compensation for self-employment and

reserve their collective membership. In fact, they have found jobs for themselves

such as undertaking small business or transportation. About 9% of the affected

population will be resettled in this way.

76

(8) In consideration of the arduousness of the land acquisition in Guangzhou, Changsha

and Wuhan, the governments of the three provinces involved offer to add 10000

yuan per mu to the compensation for the land acquisition in the three cities with the

aim to give support to railway construction and boost the local economy. This

additional sum will be on local finances.

(9) Since the implementation of the project, the affected rural population has got access

to many means to retrieve their income by developing agriculture and non-

agricultural production. By a joint calculation with the relevant departments of local

governments, it is estimated that the average annual income per capita of the

affected population, either along the line or of the suburbs of the three cities, can

increase by 10% to 14%, which shows the living standards and income index of the

affected population are far from being deteriorated by the project.

For the impact with the land acquisition, please see the cultivated land of the towns

affected by the Wu-Guang capacity expansion project.

5.2.2 Resettlement Plan for Displaced Population in Housing Demolition

(1)In the villages and production groups along the line where land acquisition and

housing demolition have resulted in slight impact on the local production and

livelihood, the affected villagers will still stay in their villages and groups. The

village commission will allot housing ground site for the affected villagers to set up

new housing and demolish the old one on their own.

(2) Compensation standards and principle for the displaced households along the line:

-The housing compensation standard shall be determined by referring to its

reconstruction price. The used materials tom from the old housing belong to the

household and such materials shall not be deducted from the compensation.

77

Cultivated Land of Affected Towns in Wuguang Line

Place Culvated land (mu)

Province County or city Town Land per Land per Land per Land percapita before capita after labour before labour after

land land land landacquisition acquisition acquisition acquisition

Guangdong Guangzhou Jiangao town 0. 04 0. 02 0. 12 0. 09

Guangdong Guangzhou Shijin town 0. 04 0. 02 0. 12 0. 09

Guangdong Guangzhou Sheuxian town 0. 05 0. 03 0. 14 0. 12

Guangdong Guangzhou Shanhua town 0. 28 0. 27 0. 9 0. 89

Guangdong Guangzhou Lianjiankou 0. 31 0. 3 0. 92 0. 9

Guangdong Guangzhou Shakou town 0. 28 0. 27 0. 89 0. 88

Guangdong Guangzhou Donghua town 0. 33 0. 32 0. 96 0. 95

Guangdong Huadu city Shaliyuan town 0. 27 0. 25 0. 89 0. 87

Guangdong Qinyuan city Pinshi town 0. 32 0. 32 0. 91 0. 91

Guangdong Yingde city Gaoqiao town 0. 33 0. 3 0. 88 0. 8

Guangdong Qujian county Yixia town 0. 32 0. 3 0. 86 0. 79

Guangdong ShYoguan city MGwandui town 0. 34 0. 33 0. 9 0. 89

Guangdong Lechan county Datuo town 0. 35 0. 34 0. 9 0. 88

78

Cultivated Land of Affected Towns in Wuguang Line

Place Culvated land (mu)

Province County or city Town Land per Land per Land per Land percapita before capita after labour before labour after

land land land landacquisition acquisition acquisition acquisition

Hunan Linxian city Changan town 0. 44 0. 43 1. 26 1. 25

Hunan Yuanyan county Yunxi town 0. 39 0. 38 1. 14 1. 13

Hunan Yuanyan county Meixi town 0. 38 0. 37 1. 14 1. 13

Hunan Yuanyan county Chenguang town 0. 4 0. 39 1. 16 1. 15

Hunan Yuanyan county Huashaje 0. 41 0. 4 1. 15 1. 14

Hunan Miluo city Chenguang town 0. 38 0. 37 1. 15 1. 14

Hunan Miluo city Ch.ngjiao town 0. 39 0. 37 1. 14 1. 13

Hunan Miluo city Taoling town 0. 39 0. 38 1. 15 1. 14

Hunan Miluo city Chuansanping 0. 4 0. 39 1. 16 1. 15

Hunan Miluo city Gaojiafan 0. 4 0. 39 1. 14 1. 13

Hunan Wanchen county Qiaoteyi 0. 45 0. 44 1. 28 1. 27

Hunan Changsha county Muoyun town 0. 4 0. 39 1. 15 1. 14

Hunan Zhuzhou city Baimalong village 0. 31 0. 3 1. 08 1

79

Cultivated Land of Affected Towns in Wuguang Line

Place Culvated land (mu)

Province County or city Town Land per Land per Land per Land percapita before capita after labour before labour after

land land land land_ _ _ _acquisition acquisition acquisition acquisition

Hunan Zhuzhou city Hehua town 0. 32 0. 3 1. 1 0. 9

Hunan Zhuzhou city Longtepu 0. 3 0. 29 1. 07 1. 05

Hunan Zhuzhou county Lukou town 0. 31 0. 3 1. 09 1-.08

Hunan Zhuzhou county jingtLan town 0. 4 0. 39 1. 14 1. 13

Hunan Zhuzhou county Hualong town 0. 42 0. 41 1. 15 1. 14

Hunan Hengdong county Xintang town 0. 4 0. 39 1. 15 1. 14

Hunan Hengdong county Xiayuan town 0. 41 0. 4 1. 15 1. 14

Hunan Hengyang city Heping town 0. 38 0. 36 1. 12 1. 1

Hunan Hengyang city Dongyang town 0. 37 0. 36 1. 09 1. 06

Hunan Hengnan county Liaotiang town 0. 42 0. 41 1. 17 1. 16

Hunan Lelyang couty Gongpingxu 0. 43 0. 42 1. 17 1. 16

Hunan Yonxin city Qiaozhuang 0. 39 0. 38 1. 14 1. 13

Hunan Cenzhou county Kuishu town 0. 41 0. 4 1. 13 1. 12

80

Cultivated Land of Affected Towns in Wuguang Line

Place Culvated land (mu)

Province County or city Town Land per Land per Land per Land percapita before capita after labour before labour after

land land land landacquisition acquisition acquisition acquisition

Hubei Wuhan city Hongshang town 0. 26 0. 23 0. 76 0. 7

Hubei Wuhan city Jiefong town 0. 27 0. 25 0. 78 0. 74

Hubei Wuhan city Qingli town 0. 29 0. 28 0. 81 0. 8

Hubei Wuhan city Hewu town 0. 25 0. 22 0. 74 0. 7

Hubei Wuhan city Wulongquang 0. 26 0. 26 0. 77 0. 76

Hubei Wuhan city Zhifang town 0. 3 0. 28 0. 91 0. 89

Hubei Wuhan city Hezhang town 0. 28 0. 27 0. 8 0. 78

Hubei Xiangnin city Yongan town 0. 48 0. 47 1. 31 1. 3

Hubei Puxi city Guantangyi 0. 46 0. 45 1. 3 1. 28

Hubei Puxi city Fonghuan town 0. 5 0. 48 1. 34 1. 31

Hubei Puxi city Chimagan town 0. 51 0. 5 1. 32 1. 31

Hubei Puxi city Zhonghuopu 0. 45 0. 44 1. 28 1. 27

81

-The housing compensation shall be paid by installment with 70% delivered

before the construction of the new housing and the remaining 30% delivered after.

In rural areas, new housing shall be set up before the old one is torn down. If for

some special reason the old housing has to be demolished before the new one is set

up, the railway side shall pay transition fee according to the standard, namely, 3

yuan per square meter each month.

- The railway shall pay the cost for removal according to the standard, namely,

350 yuan per lorry shift

- Such public infrastructures as roads, water and power supply shall be designed

and financed by the local government and the construction shall be completed before

the displaced population move into the new housing.

- In locating housing ground site, priority should be given to such place with stable

geological structure, convenient for road construction and water and power supply.

At the same time, it should be as close to the original housing site of the displaced

population as possible in order to facilitate their production and life.

- The displaced population should be notified of the date of removal at least two

months in advance in order that they can have sufficient time to set up new housing.

(3)The village commission will take effective measures ( for example seeldng labours,

choosing housing ground for housing reconstruction, buying materials and so on) to

help the difficult families of the old, weak, ailing and disabled and families without

male labourers, by consulting their opinions, to build new housing and move in. The

poor households will get help in funds to ensure basic resetflement housing

(4) In the suburbs of large cities as Changsha, Guangzhou and Wuhan, as little land is

left (in some places, even the new housing ground site is hard to find), the new

housing has to be built congregately in urban district in order to provide the

displaced population with large-sized flats, as is the case in Changsha. For

fiagmentary displacement, the railway construction unit shall buy commodity

housing in urban district for the households, as is the case in Guangzhou. Another

alterative is to locate the new housing ground just in the current living place of the

displaced population for them to set up new housing on their own, as is the case in

Wuhan. Some displaced residents own two or more flats; the remaining housing can

82

still suffice them even one of their flats is torn down. In such case, compensation

can be disbursed in one lump sum to them at their request.

(5) Compensation standards and principle for the displaced households in the suburbs of

the big cities:

-The housing compensation standard shall be determined by referring to its

reconstruction price. The used materials torn from the old housing belong to the

household and such materials shall not be deducted from the compensation.

-- The housing compensation shall be paid by installment with 70% delivered

before the construction of the new housing and the remaining 30% delivered after.

But it shall be paid in one lump sum to those households buying commodity

housing.

- For those households who demolish their old housing and build the new one on

their own, new housing shall be set up before the old one is torn down. If for some

special reason the old housing has to be demolished before the new one is set up, the

railway side shall pay transition fee according to the standard, namely, 4.5 yuan per

square meter each month.

- The railway shall pay the cost for removal according to the standard, namely,

460 yuan per lorry shift

- Such public infastuctures as roads, water and power supply shall be designed

and financed by the local government and the construction shall be completed before

the displaced population move into the new housing. The affected people can not

pay for these infiasucture fees.

- In locating housing ground site, priority should be given to such place with

stable geological structure, convenient for road construction and water and power

supply. At the same time, it should be as close to the original housing site of the

displaced population as possible in order to facilitate their production and life.

- The displaced population should be notified of the date of removal at least two

months in advance in order that they can have sufficient time to set up new housings.

(6) The village commission will take effective measures to help the vulnerable families,

by fully consulting their opinions, to build new housing and move in. Special

RI

concern shall be given to those vulnerable families buying commodity housing or

resettled in congregately built housing flats. For instance, the old, ailing and

disabled households will be arranged under 4th floor. The poverty-stricken families,

if possible, will be arranged on the ground floor so that they may take the

advantage to open small shops to earn their living. The poor households will get

help in funds to ensure basic resettlement housings.

5.3 Resettlement and Rehabilitation Plans for Urban Displaced

Population

5.3.1 Resettlement and Rehabilitation Plans for Urban Displaced Population

(1) The impact of Wu-Guang Project on urban residents is found convergently in

Wuhan only. Exactly, the housing of 5 households and the temporary sheds

unlawfilly built by 8 immigrant households will be demolished. Still a temporarily

built warehouse of a residential commission will also be tom down.

(2) For the 5 urban households, the measure of purchasing commodity housing in the

nearest place possible will be adopted. Because though the size of the commodity

housing is smaller, the environment and residential quality will be by far improved.

Their original housing, close to the railway, has no lavatory, in an environment foul

and noisy. They are happy to buy commodity housing

(3) For the unlawfully built sheds, compensation will be paid at 150 yuan per square

meter according to the relevant standard of Wuhan City. In addition, the government

will find housing for them to rent, with the compensation they are given.

(4) The temporarily built warehouse is not to be rebuilt elsewhere once it is tom down.

Compensation will be paid at 150 yuan per square meter, according to the

regulations.

(5) Housing resettlement principle for urban residents:

84

- Consultation with the displaced population on equal standing;

- Depreciation of the demolished housing shall not be considered in the

reconstruction price;

-If the former average floorage per capita of the displaced residents is lower than

the stipulated lowest standard for urban residents, the deficiency shall be made up in

resettlement without charging fee for the made up area;

-The resettlement site shall be decided on by the government. Two resettlement

sites may be provided for the residents to choose, whenever conditions permit;

- The displaced residents shall move into the resettlement housing directly

without transitional period. Whenever transition is absolutely necessary,

compensation shall be paid at 4.5 yuan per square meter;

- Removal fee shall be paid by the railway construction unit at 450 yuan per lorTy

shift;

- Publicize the inforrmation and make announcement 60 days in advance so that

the affected population will have enough time to move out.

(6) Process for the housing demolition & relocation and resettlement:

-The govenmmental institutions responsible of resettlement shall send personnel

to conduct on-the-spot investigation and checking about the affected households on

the household number, the ownership, structure, area and other attachment of the

housing;

-Publicize the resettlement plan, the policy for housing demolition & relocation,

the resettlement procedure, the resettlement compensation, the scope of demolition

and the time limit for removal, so as to have the mass participate in and supervise;

-The govermmental institutions responsible of resettlement and the displaced

households shall sign agreement on compensation standard, compensation sum, the

size and the location of resettlement housing, etc.;

- After the displaced households have made an on-the-spot survey, an additional

agreement shall be signed between the department responsible and the households

on such more detailed issues as the story, the disposition and the room number of

the resettlement housing;

- The agreements on resettlement shall be signed and sealed by both parties and

notarized by the notary office;85

- The displaced population moves into the new housing.

5.3.2 Resettlement Plans for Enterprises and Shops

(1) Resettlement plan for enterprises

A Wu-Guang Project involves 12 enterprises, all small-sized (means there are less 50

workers), of which the metal products factory in Guangzhou has stopped its

production; Ruyi Plastic Factory has long been in deficit. The several chicken

ranches involved in Guangzhou have only the coops demolished. The police

substation in Jianggao Town has a car parking lot and several simple-structured

sheds demolished. The other 4 enterprises (small sized, less 50 workers)

respectively in Yingde City of Guangdong Province, Changsha and Hengyang cities

of Human Province are getting along with their regular production. The relocation

of enterprises will not result in unemployment for their stuff members.

B. The compensation standard for the enterpnses shall be made according to the

reconstruction price; no depreciation will be taken into account.

C. Compensation shall be paid by installment with 70% delivered before the

construction of the new housing and the remaining 30% delivered after.

D. The demolition and relocation of enterprises shall be done only after the new

housing has been set up. If for some special reason demolition has to go before the

constuction of new housing, the railway construction unit shall pay, according to

the compensation standard, a sum of compensation for the cessation of production

or business, which will ;cover the monthly salary of all the employees and an

additional 15% as managerial fee and another 15% as socially collected insurance

premium. This compensation, to be paid by month, is 1000 yuan per month for

each person in Guangzhou, and 600 yuan in Changsha and Yingde.

E. The railway construction unit shall pay for the enterprise removal, at 460 yuan per

lorry shift in Guangzhou and Changsha, 350 yuan in Yingde and Hengyang. A lorry

shift means a four-ton lorry running for the whole day. The railway construction

unit shall pay for whatever lorry shifts needed for the enterprise removal.

F. The new site for the enterprise should be as close to the old one as possible, in

order to keep the existing market environment of the enterprise intact If the

86

enterprise asks for a different relocation, it could be allowed if conditions permit.

G. If the housing of the enterprise has been fitted up, and the fit-up standard is

confirmedly higher than that of housing compensation, the gap can be compensated

by the railway construction unit.

HF The enterprise shall be informed of the removal 60 days in advance so that it will

have enough time to get prepared and avoid unnecessary loss.

(2) Resettlement plan for shops

A. Wu-Guang Project involves 23 shops in the relevant three provinces, 16 in

Guangzhou, 2 in Yingde and 5 in Changsha. The involved shops in Guangzhou and

Yingde are small (with less 10 korkers), and their business is not good; the profit is

mediocre. The 5 shops in Changsha, however, are comparatively large-sized (with

less 100 workers), with fairly good profit. Though there are far more salesclerks in

these 5 shops, the relocation will not result in unemployment for them.

B. The resettlement measures taken by Guangzhou and Changsha governments are: to

provide stalls in the nearby markets for the PAPs . The PAPs can rend these stalls

by there compensation fees. If the affected persons are not successful in their

business and want to try other trades, the government will, in addition to the

payment of compensation, introduce new means of life to them.

C. In Yingde, the govenmment will build new housing for the 2 small shops nearby to

ensure that they could continue their business in their former market environment

D. The compensation standard for the shops shall be made according to the

reconstruction price; no depreciation will be taken into account

E. Compensation shall be paid by installment with 70% delivered before the

construction of the new housing or removal and the remaining 30% delivered after.

F. The demolition and relocation of shops shall be done only after the new housing

has been set up. If for some special reason demolition has to go before the

construction of new housing, the railway construction unit shall pay, according to

the compensation standard, a sum of compensation for the cessation of production

or business, which will cover the monthly salary of all the employees and an

additional 15% as managerial fee and another 15% as socially collected insuance

premium. This compensation, to be paid by month, is 1000 yuan per month for

87

each person in Guangzhou, and 600 yuan in Changsha and Yingde.

G. The railway construction unit shall pay for the shop removal, at 460 yuan per lorry

shift in Guangzhou and Changsha, 350 yuan in Yingde. The railway construction

unit shall pay for whatever lorry shifts needed for the shop removal.

H. If the housing of the shop has been fitted up, and the fit-up standard is confirmedly

higher than that of housing compensation, the gap can be compensated by the

railway construction unit.

I. The shop shall be informed of the removal 60 days in advance in order to get

prepared.

5.4 Resettlement and Rehabilitation Plans for Railway Internal

Demolition

5.4.1 Resettlement and Rehabilitation Plans for Railway Clerks

(1) The impact of Wu-Guang Project on the residential housing of railway clerks

involves 783 persons of 256 households, including 595 persons from 198

households in Furong District of Changsha, 165 persons from 53 households in

Xianning City and only 23 persons from 5 households in Guangzhou.

(2) The affected railway clerks, like other affected residents outside the railway sector,

should also be compensated for their demolished housing, at the compensation

standards shown as follows: 700 yuan/m2 for brick-&-concrete housing; 400

yuan/m2 for brick-&-wood housing and 150 yuan/m2 for simple-structured housing.

As for the tansition fee and removal fee, they should be the same as those outside

the railway sector.

(3) The affected railway clerk shall be informed of the removal 60 days in advance in

order to have enough time to get prepared.

(4) As there are very few clerks affected in Guangzhou, GRCC will disburse the

compensation to the individuals for them to buy commodity housing downtown.

88

(5) As there are quite a number of affected households in Changsha, GRCC has decided

to buy commodity housing convergently near Changsha Railway Station for them,

the average size for each household being 65 m2. If the original housing is less than

the average 65 m2, the gap will be made up free of charge; if the household want to

buy the area exceeding 65 m2, they will have to pay for the exceeding part on their

own. The affected 198 households in Changsha have been living in the housing

transformed from workshop and office housing for a long time, without lavatory or

even kitchen, in poor living condition. They are happy to have such opportunity to

move into commodity housing.

(6) ZRB will set up new dormitory building on railway-owned land for the 53

households in Xianning, Hubei Province. The living environment and quality of the

53 households will then be greatly improved. The construction of new housing will

absolutely go before old housing demolition.

(7) In Guangzhou, the project impact also involves the unlawfully set structure on the

railway by three railway households, 400 m2 in size, dwelt by 11 persons. The

compensation paid by GRCC according to the standard is 200 yuan per square meter,

and the removal fee 460 yuan per lorry shift The three households have long been

living in shabby sheds and afflicted by roaring trains. And now they could use their

compensation of several ten thousand yuan, together with their own money, to buy

commodity housing in the urban district of Guangzhou.

5.4.2 Resettlement and Rehabilitation Plans for Railway Enterprises and Shops

(1) Wu-Guang Project involves 28 railway enterprises; 7 in Guangzhou, 10 in Changsha,

5 in Wuhan, 1 in Shaoguan, 3 in Puqi and 2 in Xianning. Railway enterprises enjoy

the same relocation policy as the non-railway enterprises. Each relevant railway

bureau shall conduct old housing demolition and new housing construction on

railway-owned land, strictly following the stipulation of construction prior to

demolition. The railway enterprise removal will not give rise to transition problem,

nor cessation of production and business, much less unemployment even to one

89

individual of the enterprises.

(2) The railway shops involved are mainly found around Changsha Railway Station.

The 6 involved shops are owned by the Passenger Service Company of Changsha

R- 'way Station, initiated to provide jobs for the children of the railway clerks. In

o; -.re jobs for those children, Changsha Railway Bureau has decided to

find nev uusiness zone near the station on railway-owned land for them. The old

shops will not be demolished until the new ones have been set up. Therefore, the

removal will not -sult in a cessation of business and unemployrn -It The

compensation tc -s will be done in the same way as the shop. outside

railway sector.

89.

6 Organizational Institutions

The organizational institutions for the expansion engineering of Wu-Guang rail section,

a complex system, involve not only 20 odd cities and counties in Guangdong, Hunan

and Hubei, but the coordination between the MOR and local governments, between the

two authorized agents of the MOR, GRCC and ZRB. Many executive institutions and

relevant departments from several administrative levels and subsystems will take part in

the designing, preparation and undertaking of the project.

631 Institutional Establishments

(1) A successful execution of the resettlement for the Capacity-Expansion Project by

and large depends on a forceful network of migration executive institutions. In view

of the difficulties in the coordination between provinces crosswise and those between

the MOR and the provinces vertically, a network of resettlement institutions is

extremely necessary for accomplishing planning, organizing, coordinating and

supervising resettlement action in order to reach the desired goal.

The migration institutional network for the Capacity-Expansion engineering is

composed of two systems, one being the land acquisition and resettlement organizations

of the railway construction units, as the project owner, the other being the land

acquisition and resettlement organizations of local govemments of all levels, as the

contractor.

(2) system 1: the land acquisition and resettlement organizations of all levels of the

railway construction units:

90

I

GRCC ZRB

IIEngineering Headquarters Engineering Headquarters

ofGRCC of ZRB

I ILand Acquisition & Resettlement Land Acquisition & Resettlement

Section of the Engineering Section of the Engineering

Headquarters Headquarters

I IStaff in Charge of Land Staff in Charge of Land

Acquisition & Resettlement Acquisition & Resettlement in

in the Construction Units the Construction Units

91

(3) system 2: the land acquisition and resettlement organizations of all levels of local

governments:

l l .Guangdong Provincial Hunan Provincial Hubei Provincial

Leading Group for Leading Group for Leading Group for

Supporting Raiway Construction Supporting Railway Construction Supporting Railway Construction

I I IGuangdong Provincial Hunan Provincial Hubei Provincial

Land Adminisitration Bureau Land Adminisitration Bureau Land Adminisitration

Prefecture or Municipal Prefecture or Municipal Prefecture or Municipal

Land Adminjstration Bureau Land Administration Bureau Land Administration Bureau

I ICounty Land County Land County Land

Administration Bureau Administration Bureau Administration Bureau

Acquisition Office Acquisition Office Acquisition Office

I . I ITownship Resettlement Township Resettlement Township Resettlement

Working Group Working Group Working Group

Village Commission and Village Commission and Village Commission and

Villager Representatives Group Villager Representatives Group Vilager Representatives Grop

(4) Other Institutions

the external independent monitoring & evaluation agency

Research Institute of Foreign Capital Introduction & Utilization, Southwest Jiaotong

University

the designing unit The 4h Surveying & Designing Institute of the MOR

92

6.2 Responsibility of the Institutions

6.2.1 Responsibility of All the Resettlement Institutions of the MOR

(1) Land Acquisition & Resettlement Working Group of the MOR.

The Land Acquisition & Resettlement Working Group of the MOR, made up of the

persons responsible from the Foreign Capital Introduction & Utilization Office of the

MOR, is the supreme power institution responsible of the land acquisition and the

resettlement of displaced population in the project functioning in the capacity of the

project owner. Its main responsibility is to strengthen the leadership for key

engineering projects and ensure a smooth progress of the land acquisition, housing

demolition & relocation and resettlement for the Capacity Expansion Project. It is

responsible of coordinating GRCC and ZRB. Its staff members, each specialized in

one sector of job, include the experienced specialists in migration work from Foreign

Capital Introduction and Utilization Office and professionally specialized technicians

and clerks with rich experience behind from GRCC and ZRB.

(2) Personnel of the MOR Specifically Engaged in Land Acquisition and Housing

Demolition

In order to strengthen migration resettlement, a staff member is appointed in the

Foreign Capital Introduction & Utilization of the MOR to be specifically engaged in

land acquisition and housing demolition, who has the following responsibilities:

A. Organizing, during the feasibility research stage of the project, the relevant units to

work out the framework for resettlement plan as the basis for project appraisal;

organizing, 6 months prior to the construction commencement of the project, the

relevant units to compile and complete the resettlement action plan (RAP);

B. Examining regularly, in accordance with the RAP, the execution of the resettlement

of the project on the part of the local govemments and railway departments;

C. Keeping close supervision of the progress of resettlement work, conducting

93

marnagerial work through computation and regularly renewing and enriching data,

and providing relevant data to external monitoring institute;

D. Investigating and gathering information irregularly on the spot of land acquisition

and housing demolition; punctually reporting the problems discovered to either the

local government and the relevant organs of the MOR in order to have the problems

solved promptly;

E. Accompanying the officials from the World Bank to the site of land acquisition and

housing demolition to get to know the progress; managing consultation and

subsequent procedures of negotiation;

Managing the compiling and examination of reports concerning resettlement to be

submitted to the World Bank.

(3) GRCC and ZRB

These are the leading bodies made up of the leaders of GRCC and ZRB, and the heads

of the capital construction departments of GRCC and ZRB, with the main responsibility

of strengthened leadership over the project implementation within their jurisdiction,

coordination the resettlement institutions under their leadership, supervising and

examining the work of the subordinate engineering headquarters, ensuring a smooth

progress of land acquisition and resettlement within their jurisdiction.

(4) Engineering Headquarters of GRCC, Engineering Headquarters of ZRB

Both headquarters, as the agencies of GRCC and ZRB respectively, are in full charge of

handling attains in land acquisition and resettlement within each administrative scope,

including the application to the departments concemed for the design license for land

utilization and the construction license for land utilization, the entrusting of the

investigation institution with measuring of the scope and degree of project impact, the

supervision and coordination in the drawing-up of RAPs, the signing of agreements and

contracts with local land bureaus, township governments and villagers, the compiling of

the work progress schedule, the provision of resettlement budget, the management of

compensation disbursement, the supervision of the execution of resettlement and the

94

handling of troubles rising from execution, the close connection with local governments,

the submission of intemal monitoring reports to the Bank, the examining of

independent mentoring & evaluation reports and the handling of grievance appeals.

(5) Land Acquisition & Resettlement Section of the Engineering Headquarters.

As the subordinate standing institution of the headquarters, it is engaged in the actual

work of acquisition and resettlement and carries out all the tasks the headquarters

assigns to it. The section is usually made up of 10-14 members who work almost the

whole day at the construction site and keep a close contact with the local governments

especially governments at the gross-roots level and the affected population and the

construction units. It is a very important operational body in that the ideas and

opinions of the local governments and the affected population will be notified to the

headquarters by it and the mandates from the headquarters will be carried out by it.

(6) Staff in Charge of Land Acquisition & Resettlement in the Construction Units

Railway construction projects have their particularity in that there are usually quite a

number of construction units simultaneously undertaking construction of the same or

different type on the same line or various lines. Therefore, the headquarters requires

that each construction unit have at least one staff member specialized in acquisition and

resettlement. As a matter of fact, the head of each construction unit often sees to

acquisition and resettlement all by himself in spite that there is already an official in

charge of this matter.

6.2.2 Responsibility of the Land Acquisition and Resettlement Institutions of

Local Governments

(1) Provincial Leading Groups for Supporting Railway Construction

As the work conceming land acquisition and resettlement is of heavily policy-relying

nature, the provincial governments have attached great importance to it. A leading

body for aiding railway construction has been formed in each of the three provinces

95

involved headed by a vice-governor responsible of state key construction, with the

persons in command from the provincial planning commission, land bureau, design

office and some other relevant departments as the group members. For a better

coordination, the leading group has also invited the leader from the railway bureau to be

the second head or the deputy secretary-general of the group.

The main responsibility of the leading group of each province is to carry out the polices

by the state and the province about railway construction, supervise and spur the units

concemed accomplish railway construction projects in time and in good quality

according to the approved scale, standard, investment, engineering schedule and annual

plan, supervise and urge the local government of all levels to administer unitarily the

allocation and acquisition of land to be utilized for railway construction in conformity

with the relevant policies of the state, settle problems in acquisition and resettlement

through mediation, contemplate preferential policies and implementation methods for a

speedier railway construction and have them carried out, urge the departments

concerned to collect and allot fund indispensable to railway construction punctually and

supply the needed material and facilities to the railway construction, supervise the use

of resettlement compensation, mobilize the enthusiasm of every party to transact

resettlement successfully, tackle the major issues rising from the construction promptly

and ensure a smooth implementation of state key construction projects.

(2) The Provincial and Municipal Land Administration Bureaus

As institutions contracting the land acquisition, housing demolition & relocation and

resettlement for railway construction projects in the capacity of their govenmments, the

provincial and municipal land bureaus have very important function in that they have

the power to examine and ratify any requests for land acquisition and resettlement,

negotiate on behalf of local govemments with project owners about compensation

standards, formulate various policies and regulations for local resettlement and

supervise their execution, participate in the drawing-up of resettlement action plans,

sign contracts on acquisition, demolition and resettlement with project owners on behalf

of local governments, supervise the implementation of resettlement and the allocation

and utilization of acquisition and resettlement fund, coordinate project owners and local

96

governments and handle contingent disputes, problems and appeals.

(3) Land Acquisition Offices

This is a unique creation by Hunan province in the formation of institution different

from Guangdong and Hubei provinces. In Hunan, every prefecture and city has its

own land acquisition office subordinate to the corresponding land bureau. The land

acquisition and housing demolition contracted by the Provincial and Municipal Land

Bureaus shall be transacted by the land office acquisition which consists of the land

acquisition section, the housing demolition & relocation section, the resettlement

section, the reconstruction section, the policies and regulations section and the financial

affairs section. The offices have been playing an important role acting on the principle

of "centralized designing, land acquisition & housing demolition, administration and

developing".

(4) County Land Administration Bureaus

County land bureaus are the executive institutions of acquisition and resettlement.

They are responsible of acquisition and resettlement in the counties in accordance with

the overall arrangement by the province and the city. They prepare the resettlement

plans for the county and see. to their being carried out according to the population

statistics provided by the investigation department and the resettlement polices

formulated by the province and the city, direct and supervise the work of township

resettlement working groups, mediate between the state, the collective and the

individual, see to the proper use of compensation fees collected, submit regular reports

on acquisition and resettlement of the county to the province and the city, cooperate

closely with construction units to ensure a smooth implementation of land acquisition,

housing demolition and resettlement within the county and receive grievance appeals.

(5) Township Resettlement Working Groups

They are institutions headed by town administration chiefs with the township land

administration offices as their functioning body. Their main duties are to provide

97

assistance in project survey, organize mass participation, publicize resettlement policies,

conduct and keep account of the resettlement in the township, sign agreements on land

acquisition and housing demolition & relocation with the affected villagers, take charge

of the disbursement and utilization of compensation fees, cope with disputes and

difficulties rising from acquisition and resettlement and provide information concerning

resettlement to the higher authorities, the project owners and the external monitoring

institutions.

(6) Village Commission and Villager Representative Groups

They are the gross-roots institutions for acquisition and resettlement, whose main

responsibility is to choose location for population displacement, allot housing ground

site to displaced households, make intemal land reallocation, allocate compensation for

housing demolition and young crops, offer help to the poor households, mobilize the

villagers to production developing and report the opinions and proposals from the

villagers to the high authorities, the project owners and the external independent

monitoring institutions.

6.2.3 Other Institutions Concerned

(1) External Independent Monitoring Institution

The extemal independent monitoring institution of this project is the Research Institute

of Foreign Capital Utilization of Southwest Jiaotong University, whose major

responsibility is to assist the departments concemed in preparing resettlement action

plans, make on-the-spot investigation and provide M&E reports to the Bank, the project

owner and the local governments, run training classes for the personnel involved in

acquisition and resettlement from the local governments and the project owner unit and

offer technical consultation in data gathering and processing. Refer to Chapter 8 for

the detailed description about the external dependent monitoring institutions.

(2) Designing Institutions

98

The designing agency for this project is the 4h Surveying and Designing Institute of the

MOR, which, as the engineering designer for a project covering a 1082km-long rail line,

is also playing a remarkable role in land acquisition and resettlement with regard to, on

the one hand, their effort to optimize the design and minimize the land acquisition and

housing demolition and on the other, their punctualness in working out engineering

drawings and their promptness in altering the design in order that resettlement can come

into action as early as possible.

6.3 Coordination and Liaison between

the Institutions

The Capacity Expansion Project has involved many institutional systems, which

necessitates a good coordination and liaison, not only between the MOR and the

involved provinces, but also between the provinces, and between GRCC and ZRB. In

addition, what is equally important is the coordination between the headquarters and the

construction undertaking units, the local governments and the project owner on the one

hand and the supervision units and the designing units on the other, the project owner

and construction units on the one hand and the local governments on the other. The

land acquisition and resettlement for the project will be undoubtedly hampered if

there's no good coordination between institutions.

The MOR and Guangdong, Hunan and Hlubei provinces all attach great importance to

coordination. They often hold joint meetings, exchanging information, conversing one

another and sending the minutes to all institutions concerned. Some other measures

such as information announcing and revealing are also taken to strengthen the

coordination.

MOR and the provinces of Hunan, Hubei and Guangdong have entered into contracts

specifying implementation procedures (see appendices). Issues or problems arising

during implementation are to be resolved locally when feasible. Issues that cannot be

resolved at the local level will be referred to a working group, including a provincial

vice-governor and a MOR vice-minister, for resolution. No change in compensation

99

rates, or eligibility criteria for entitlements is to be made without prior approval of the

Bank.

6.4 Measures Taken to Enhance the Capabilities

of the Institutions

(1) More Able Personnel

Both the MOR and the local govermments have carefully chosen persons experienced in

acquisition and resettlement with managerial skills and data processing skills to form

the resettlement institutions of all levels.

(2) More Training

Beginning from the second half of 1998, the MOR will start training classes of

"Displaced Population Resettlement for the World Bank Loaned Projects" for the major

staff members engaged in acquisition and resettlement from the institutions of both

railway and local systems to learn and have a good grasp of China's resettlement

policies, the Bank's requirements and the successful cases of other administrative

sectors in China and learn to master the skills of collecting and processing data.

(3) To reinforce internal monitoring and evaluation and resolve problems wherever

they are found.

(4) To reinforce external independent monitoring and evaluation and set up the

early warning system.

100

(5) Network of Institutions

Land Acquisition & Leading Groups for

Resettloment Worksing Supporting RailwayCVroup of the MOR Constmnction of the

c i sThree Pro-inces

GRCC Land Bureaus of

ZRB the Thrce Prov'ulcs. _ ..

Enginesring Prefectqui nd _ _ Headquarts Munficipal LandExal

of GRCC dsBurnau Inintdent

Engineering I A&I1E AgencyHcadquwtes

Land A&R Sections County Lan}d

of the Enginerig Bureaus

Headquarters

Tov6nship Resettlement Working Groups

Vilage Conunissions and Village r

Rspresentative Groups

Notes: 1. The Prefecture or Municipal Land Acqliisition Offices, as specific orly in Hunan, are

not listed in the network.

2. The design unit is not listed.

t ~~101

7 Consultation, Mass Participation and

Grievance Appeal Conduits

7.1 Consultation

Consultation is constantly adopted during the implementation of land acquisition and

resettlement of the Capacity Expansion Project chiefly on the compensation standards

for land acquisition and housing demolition, the methods of housing reconstruction and

population resettlement.

Consultation is mostly between (1) the MOR and the provinces and cities; (2) the

railway construction headquarters and the prefectures, cities and counties; (3) the local

land administration departments and the land expropriated townships villages, and

production groups; and (4) township, villages and production groups and farm

household.

(1) The consultation between the MOR and provinces (Guangdong, Hunan and Hubei)

is mainly about the amount of land needed for the railway project, the time for using the

land and the compensation standards for land acquisition and housing demolition, -etc.

Such consultation was held many times during the project preparatory stage (between

1997 and 1998) before the commencement of Wu-Guang project engineering. In May

1998, Cai Qinghua, vice-minister of the MOR and his party went to the three provinces

to hold talks with the vice-governors who are responsible of state key construction

projects in their own provinces; they reached a consensus on acquisition and

resettlement and formed the minutes.

(2) The consultation between Zhuzhou Project Engineering Headquarters and Wuhan

Engineering Headquarters on the one hand and the prefectures, cities and counties

concerned along the line of Wuhan -Guangzhou section on the other is about the

amount of land to be acquired, housing and attachment to be demolished, the number of

102

population to be affected and the compensation standards for housing and attachment.

Such consultation was held many times before the land acquisition and will continue to

be held during the land acquisition, substantially between the Land Acquisition &

Resettlement Sections of the Headquarters and the County Land Bureaus, detailed even

on every sub-project and every piece of land. The land acquisition and housing

demolition & relocation for each subproject is accomplished not without quite a

number of or even several scores of rounds of consultation.

(3) The consultation between the local land administrative departments and the land

expropriated townships, villages and production groups is usually held before land

utilization and housing demolition. According to the Land Administration Law, any

other institutions (including project owners) have no right to undertake land acquisition

except county land administration bureau, the only authorized department to acquire

land from the rural areas on behalf of the state. However, even entitled to conduct

centralized land acquisition for state construction, the county land administration

departments will have to consult with land expropriated townships, villages and groups,

mainly about the compensation standards (for land, housing, attachment and population

resettlement) and resettlement plans (for housing reconstruction, conversion of

residential registration, employment, self-employment, etc.). The leaders of townships,

villages and groups will be at the consultation.

(4) The consultation between townships, villages and groups on the one hand and

village households on the other (or between the demolisher and the demolished in cities)

is mainly about the distribution and utilization of compensation fees, the measures for

housing reconstruction, worker taking-in and land relocation. The affected households

will express their reasons for compensation and demands for compensation whatever at

the consultation. Every household will eventually sign agreements on land acquisition,

compensation and resettlement with the township, the village and the group. Such

consultation is chiefly attended by household heads and, in some consultation, by

villager representatives.

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7.2 Meetings on Displaced Population

During the negotiation on land acquisition and housing demolition, two kinds of

meetings will be held in each village or group on population to be displaced:

(l)meetings of village representatives and (2) all the villagers.

(1) Meetings of village representatives are presided over by the county land bureau or

the township government. The purpose is to get across the significance of the project,

the scope and site of land acquisition, the time for acquisition, the relevant laws,

policies and regulations. The meetings are usually called at the same time as the

consultation and negotiation before the land acquisition for a certain subproject.

(2) Meetings for all villagers are called by the village commission, attended by all the

villagers or the household heads with the purpose of expounding the relevant lans,

policies and regulations, informing the villagers of the scope and amount of land to be

acquired, the compensation standards, the measures for housing reconstruction and

production resettlement. The meetings are usually held during the implementation or

land acquisition and the time limit for signing agreement.

In addition to the above two forms of meeting, the railway construction unit and the

resettlement institution will put up posters in residential quarters before they make a

decision with the aim to consult the opinions of the affected population and ask for their

supervision and examination. This is especially true with compensation standards which

must be made known in the affected area in notice.

7.3 Mass Participation

Mass participation will take place alongside (1) during the preparatory stage of the

project and (2) during the implementation of the land acquisition for the project,

involving (1) consultation; (2) meetings on population displacement; (3) investigation

on property loss and socioeconomic survey; (4) discussing about compensation standard;

(5) choice of housing reconstruction site; (6) setting up new housing by the villagers

104

themselves; and (7) seeking job by oneself

(1) During the preparatory state of the project, that is from 1997 to 1998, mass

participation was chiefly concerned with socioeconomic survey, investigation on

property loss, consultation meetings and the publicizing of land acquisition affairs.

Consultation meeting is about the discussion and conferring among institutions of all

sorts at all levels on the issues conceming land acquisition and compensation, with the

purpose of getting the villagers to know about the land acquisition for the project so that

they will be able to get prepared for that. Investigation on property loss and the

socioeconomic survey by the engineering design institution and the RAP compiling

institution entail the participation of the masses in the affected areas.

During the compiling of RAP, a typical investigation and a sample investigation were

made to the cities, prefectures, counties, townships, villages and households whose land

is going to be acquired, participated by households, village and group leaders, township

heads, the land administration departments, the planning departments and the statistical

departments at county level, and the relevant departnents of municipal and prefectural

level.

(2) During the implementation of the land acquisition for the project (1998-2000),

there will be an extensive mass participation on the part of the affected population in

the measuring and determining of property loss, the discussion about the compensation

standards, the signing of agreements on the compensation for households, the choice of

new housing ground site, the demolition of the old housing by the villagers themselves

in order to use the material, the construction of new housing by the villagers themselves

and self-employment. Mass participation, judging from above facts and measures, is

encouraged in China in order to arouse the masses' enthusiasm and achieve a more

desirable resettlement result.

105

7.4 Grievance Appealing Channel

During the actual implementation of the land acquisition and the resettlement of

displaced population, if the affected population have any problems, grievances and

discontent regarding land acquisition, housing demolition, compensation payment and

resettlement, they may appeal to either (1) the project owner, (2) the external

independent monitoring institution, (3) the township and the county land administration

department, (4) the county government or (5) legal action.

(1) Appealing to the Project Owner Unit

The project owner is the eventual user of the land acquired, and has the duty to resolve

problems rising from land acquisition, housing demolition and resettlement. The

project owner of this project is the MOR with Zhuzhou Headquarters and Wuhan

Headquarters functioning in its capacity during the project engineering, and ZRB and

GRCC executing the managerial duty after the project engineering is completed.

Therefore, appeals to the project owner may go to either of

A. the MOR;

B. GRCC and ZRB;

C. Zhuzhou Headquarter and Wuhan Headquarters of the Electrification Capacity

Expansion of Wuchang-Guangzhou Rail Line.

(2) Appealing to the External Monitoring Institution

The external monitoring institution conducts chasing-up investigation on the production

of affected villages several times in the year during the monitoring period, and evaluates

the resettlement consequences and submits its M&E reports to the project owner, the

local institutions conducting land acquisition and housing demolition and the World

Bank. The affected persons, therefore, may express their discontent and grievances to

the extemal monitoring institution, which is obligated to listen to and find out the

dissentient and grievances.

106

(3) Appealing to the Township and the County Land Administration Department

According to the administrative procedure of the local govemment, the discontent and

grievances rising from acquisition and resettlement should first be handled by the land

administration department. In case the land administration department is unable to

resolve the grievances, the apparel may turn to other conduits. These are the conduits

of the land administration departments the apparel may go:

A. the municipal land administration bureau;

B. the county land administration bureau; and

C. the township land administration bureau.

(4) Appealing to the County Govermment

If the discontent can not be resolved in the land administration department, it can be

appealed to the "correspondence and visitation department" of the local governments,

set up by various levels of government organs to handle letters and visits from the

masses.

The appealer may express his discontent orally or in written form to the correspondence

and visitation departments, which may coordinate departnents concemed to have the

matter resolved. If again the discontent can not be resolved in this way, the

correspondence and visitation departments will report the matter to the leaders of the

local govermment

(5) Legal Action

If discontent and grievances can not be resolved through the above 4 conduits, theappealer may resort to legal action by bringing the case to court

107

a Monitoring and Evaluation

8.1 Goals of Monitoring

Monitoring on resettlement refers to the collection and provision of data concerning the

resettlement activities and the resettlement consequences. Evaluation means the

analysis and appraisal of data gathered in monitoring by referring to the comparable

indexes (such as the plans, the former conditions before removal, and the conditions of

non-displaced population).

The World Bank has warned that every project is bound to be faced with a lot of

particular problems in its execution. Some of these problems are unforeseeable. The

purposes of monitoring and examining are, firstly, to ensure a punctual execution of the

plan as scheduled; secondly, to find out problems and have them resolved then and there;

and thirdly, to have the collected data fed back to the designing, executing and

managing work of the project.

The evaluation on displaced population resettlement is expected to examine and decide

whether the production and livelihood of displaced population are appropriately

resettled in sociological and anthropological perspectives. Monitoring and evaluation

are not the ends in themselves; the conclusions drawn from monitoring and evaluation

are expected to feed back to the execution and management of the project so that any

inappropriateness can be redressed promptly, or some alternation can be made to the

executive plan, or the existing problems can be solved.

After the loan to Wu-Guang Project enters into force, regular supervision will be

organized by the World Bank annually, with the relevant parties examining

implementation progress. If it appears that RAP terms themselves are inappropriate for

effective implementation, a resettlement mid-term review may be scheduled to allow

the relevant parties to devise new approaches or revise the RAP.

Resettlement monitoring falls into two kinds: internal and external monitoring.

108

Intemal monitoring is carried out by the population resettlement office with the purpose

of keeping the institutions of the resettlement network in good operation following the

schedule and the principles of RAP. A report of internal monitoring is submitted every

quarter of or half a year.

External independent monitoring is to be conducted by an independent social agency to

chasing-up investigation on the implementation of land acquisition, resettlement and

rehabilitation and evaluate the whole process from an impartial, comprehensive and

long-term point of view so as to secure the benefit of the displaced population. The

general task of extemal independent monitoring is to provide all sorts of information

and foresight, based on chasing-up investigation and data collection, to the project

resettlement office and the project administration institution in order that any problems

concerning population displacement and resettlement can be solved promptly. Two

reports on external monitoring will be submitted annually in the first two years; and

beginning from the third year, one report annually.

8.2 Internal Monitoring

The internal monitoring on this project is conducted by the Land Acquisition and

Housing Demolition Sections of Zhuzhou Engineering Headquarters and Wuhan

Engineering Headquarters.

The following are the steps of the procedure for internal monitoring:

(1) The Land Acquisition and Housing Demolition Offices design and establish

the information flow patterns and data bank systems;

(2) The Land Acquisition and Housing Demolition Offices store up investigation

data and the socioeconomic data of the affected area;

(3) During the project implementation, the Acquisition and Demolition Offices

copy down the relevant background information of individuals, households

and units from the city, county and township according to the prescribed

patterns;

(4) The Acquisition and Demolition Offices make periodic sampling on

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townships and villages to check the copied data and progress.

Internal monitoring has its focus on:

(1) the progress of land acquisition;

(2) the progress of housing demolition;

(3) the progress of enterprises relocation;

(4) the measures conceming housing reconstruction;

(5) the resettlement measures for surplus labourers;

(6) the forms of mass participation;

(7) the disbursement of compensation fees;

(8) the choice and training of staff members for resettlement institutions

8.3 External Monitoring

The Research Institute of Foreign Capital Utilization of SWJU has been invited to

undertake the external independent monitoring of this project. Southwest Jiaotong

University, one of the key universities in China, enjoys a high reputation both at home

and abroad. Its Research Institute of Foreign Capital Utilization, a professional

research institute at the study of the resettlement of displaced population, has a staff

consisting of specialists and technical personnel in sociology, anthropology, managerial

science, economics, evaluation technology, information processing, system analysis, etc.

The institute has rich experience in monitoring population displacement and

resettlement and that under the Work Bank loaned projects. Listed in the following is

only part of the work it has done under either the Bank loaned projects or non-Bank

loaned projects:

(1) The monitoring and evaluation of the resettlement of displaced population in the 6t

World Bank financed Chinese railway projects;

(2) The monitoring and evaluation of the resettlement of displaced population in the

World Bank Financed Yunnan environmental protection projects;

(3) directing the drawing up of RAP for the World Bank financed Sichuan electricity

power transmission project;110

(4) The making of the aid plan for the later stage of resettlement implementation for

Sichuan Tongjiezi Power Station.

The extemal monitoring of this project has the following four stages as its procedure:

(1) the preparatory stage, to decide on the target persons and scope of investigation and

draw up the outline and forms for the investigation;

(2) The investigation stage, to investigate on the target persons at all levels and gather

information and material;

(3) The information feedback stage, to feed the information collected in the

investigation back to the construction headquarters and the MOR and consult with

them to have the problems found out in the investigation resolved;

(4) the report drawing-up stage, to draw evaluation conclusions and work out M&E

reports, based on the sorting out and diagnosis of the collected data and material.

These are the norms for external independent M&E to go by:

(1) Operation Guide 4.30 of the World Bank's Operation Directive concerning

involuntary resettlement;

(2) Relevant polices and legal corrosions regarding acquisition and resettlement of

both the state and localities;

(3)the action plan of acquisition and resettlement for this project.

(4) The security of a better or at least the maintenance of the former income and living

standards for the displaced population.

The investigation methods of the external M&E of this project involve sample

investigation, typical case investigation, focus investigation, group interviews,

interviews with important persons in the know, close-up interviews, observing and

learning, looking up literature documents, information checking in data bank, etc.

Extemal M&E has its main interest in the consequences of resettlement, the economic

income and the living standards of the displaced population. The following are the

main aspects for the external M&E of this project:

111

(1) analysis of the impacts resulting from the land acquisition and housing demolition;

(2) appraisal of the compensation standards;

(3) supervision over the allocation and utilization of compensation fees, including

collective land compensation;

(4) monitoring on the housing resettlement of the displaced population;

(5) monitoring on the production;

(6) monitoring on enterprises relocation;

(7) monitoring on the living standards of the displaced population;

(8) monitoring on the community rehabilitation;

(9) monitoring on the grievance appealing of the displaced population;

(10) monitoring on the operational efficiency of the resettlement network.

8.4 Report Submission

Monitoring reports for this project fall into reports of the implementation progress of

resettlement (intemal monitoring reports) and external monitoring reports on

resettlement

The implementation progress reports are written and submitted by Zhuzhou Engineering

Headquarters and Wuhan Engineering Headquarters while the extemal monitoring

reports are written by the Research Institute of Foreign Capital Utilization of SWJU.

An implementation progress report will have to be written and submitted once every

half a year and an external monitoring report, once a year (or twice a year in the busiest

period of land acquisition).

The external monitoring reports, according to the procedure, will by submitted by the

Research Institute of Foreign Capital Utilization of SWJU to the Land Acquisition

Section of Foreign Capital Utilization Office of the MOR who will forward them to the

World Bank.

112

9 The List of Right

Items Population Policies Standardsaffected affected

Collective- 1. villages l. given land compensation fee, 1. 150000 yuan per muowned land and groups resettlement subsidy and young crop in Guangzhou;(Guangdong 2. contractors compensation; 2. 33000 yuan per muProvince) of the land 2. land compensation fee to be used by in Huadu and

the village collective 'to develop Shaoguan;collective economy; 3. 20000 yuan per mu

3. resettlement subsidy to be used to in Yingde andresettle the labourers caused by land Qingyu;acquisition; 4. 15000 yuan per mu

4. the affected persons to get e full in the rural areasyoung crop compensation fee for the along the line;actual loss of the year; 5. young crops to be

5. the compensation rate being 10 to fully compensated80 times of the average annual output according to thevalue actual loss of the

year

Collective- l.villages and l.given land compensation fee, 1. 40000 yuan per muowned land groups resetflement subsidy and young crop in Changsha;(Hunan 2.contractors compensation; 2. 35000 yuan per muProvince) of the land 2.1and compensation fee to be used by in Hengyang and

the village collective to develop Zhuzhou;collective economy; 3. 30000 yuan per mu3.resettlement subsidy to be used to in Yueyang andresettle the labourers caused by land Chenzhou;acquisition; 4. 15000 yuan per mu4.the affected persons to get the full in the rural areasyoung crop compensation fee for the along the line;actual loss of the year; 5. young crops to be5.the compensation rate being 12 to 30 fully compensatedtimes of the average annual output value according to the

actual loss of the

Collective- L.villages and L.given land compensation fee, 1. 40000 yuan per muowned land groups resettlement subsidy and young crop in Wuhan;(Hubei 2.contractors compensation; 2. 15000 yuan per muProvince) ofthe land 2.1and compensation fee to be used by in Xianning;

the village collective to develop 3. 15000 yuan per mu

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collective economy; in Puqi;3.resettlement subsidy to be used to 4. young crops to be

resettle the labourers caused by land fuilly compensated

acquisition; according to the

4.the affected persons to get the full actual loss of the

young crop compensation fee for the year

actual loss of the year;

5.the compensation rate being 12 to 30

times of the average annual output value

Above- The owners 1. the above-ground attachment of the 1. ordinary trees: 35-60

ground acquired land to be appropriately yuan PCs;

attachment compensated according to the 2. fruit trees: 15--1500

relevant policies of he local yuan PCs;

government and the current market 3. water well: 300-500

price; yuan PCs;

2. no compensation to be paid for the 4. tombs: 250--1000

hastily set up attachment after the yuan PCs;

beginning of consultation; 5. fence wall: 25-80

3. the compensation for above-ground yuan/m3;attachment to be directly disbursed to 6. cement sunny ground:

:__________ ____________ the affected persons 25--80 yuan/m3Private- The owner Altemative resettlement methods: 1. concrete-brick

owned and the user 1. The housing ground site is assigned structured: 500-

housing being the within the village scope. After the 1200 yuan/m3;

(rural areas) same one affected person gets his 2. brick-wood

compensation at the reconstruction structured: 250-800price, he shall build his new housing yuan/m3

all by himself. 3. simple-structured:

2. The housing compensation can be 100-250 yuan/m3;

calculated at the reconstruction price 4. removal fee: 350-

and be realized in the form of cash. 460 yuan per lorryThe affected person shall look for shift;

new housing all by himself. 5. transitional fee: 3-

3. If the affected person has actually no 4.5 yuan/month/m3

housing ground site, the government

shall find location in urban area to

build commodity housing.

4. The affected person gets removal

subsidy fee and transitional subsidyfee.

Private- The owner Alternative resettlement methods: 1. concrete-brick

owned and the user 1. The project owner or the local structured: 500- 1200

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housing being the government provides the yuanlm3;

(urban areas) same one resettlement housing of similar 2. brick-woodvalue, same size, with similar structured: 250-800

conditions in the nearest possible yuanlm3;

location. 3. simple-structured:

2. The housing compensation can be 100-250 yuanlm3;calculated at the reconstruction 4. removal fee: 350--460

price and be realized in the form of yuan per lorry shift;cash. The affected person shall look 5. transitional fee: 3-4.5for new housing all by himself. yuan/month/m3

3. The affected person can be resettled

with commodity housing, with theexcess housing area to be paid for

by the affected person himself.4. Transitional fee can be disbursed

according to the actual transitional

time.5. The affected gets removal fee.

Persons The owner l. The resettlement housing shall be 1. concrete-brickdwelling in determined according to household structured: 700

publicly- types. yuan/m3;owned 2. The owner shall possess the 2. brick-woodhousing ownership of the equal area free of structured: 400

charge and pay for the excess area of yuan/m3;

the resettlement housing. 3. simple-structured: 1503. If the resettlement housing is smaller yuan/m3;

in size tan the original one, the 4. removal fee: 350--460shortage shall be compensated at the yuan per lorry shift;reconstruction price. 5. transitional fee: 4.5

yuan/month/m3

The user 1. The user shall possess the right tolive in the housing free of charge.

2. If the resettlement housing is

privately owned commodity one, the

excess area shall be paid for by theuser.

3. The affected can get removal fee.

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Enterprises The owner Altemative resettlement methods: 1. concrete-brick

outside the and the staff I. The demolisher reconstructs the structured: 500--1200

railway members housing on the same size and with the yuan/m3;

sector samne accessory structures at the 2. brick-woodreconstruction price. structured: 250--800

2. The compensation fee can be yuanlm3;

calculated at the reconstruction price 3. simple-structured:and be realized in cash, and the 100-250 yuanlm3;

enterprise shall therefore manage the 4. compensation for the

reconstruction all by its self. cessation of

3. Any cessation of production and production or work:

work resulting from removal is 400-1000 yuan/per

compensated by the demolisher by capita/month;

the month. 5. removal fee: 350-460

4. The affected can get removal fee and yuan/per lorry shift;

transitional fee. 6. transitional fee: 3-45

5. Try to prevent the market yuan/month/m3environment of the enterprise from

negative impact as much as possible.

Enterprises The owner Altemative resettlement methods: 1. concrete-brick

within the and the staff 1. The demolisher reconstructs the structured: 700

railway members housing on the same size and with the yuan/m3;

sector same accessory structures at the 2. brick-wood

reconstruction price. structured: 400

2. The compensation fee can be yuan/m3;

calculated at the reconstruction price 3. simple-structured: 150

and be realized in cash, and the yuan/m3;enterprise shall therefore manage the 4. compensation for the

reconstruction all by its self. cessation of

3. Any cessation of production and production or work:

work resulting from removal shall be 600 yuan/per

compensated by the demolisher by capita/month;

the month. 5. removal fee: 350-460

4. The affected can get removal fee and yuan/per lorry shift;

transitional fee. 6.transitional fee: 4.5

5. Try to prevent the market yuan/month/m3

environment of the enterprise from

negative impact as much as possible.

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Shops The owner Altemative resettlement methods: 1. concrete-brick

outside the and the staff 1. The local government provides from structured: 500--1200railway members the nearest place 2 or 3 business yuan/m3;

sector locations with similar conditions for 2. brick-woodthe affected to choose. structured: 250-800

2. Calculate the compensation at the yuan/m3;reconstruction price and the shop 3. simple-structured:owner looks for business quarters 100--250 yuan/m3;

himself 4. compensation for the3. Any cessation of production and cessation of

work resulting from removal shall production or work:

be compensated by the demolisher by 400-1 000 yuan/perthe month. capitalmonth;

4. The affected can get removal fee and 5. removal fee: 350-460

transitional fee. yuan/per lorry shift;

5. Try to prevent the market 6. transitional fee; 3-4.5environment of the enterprise from yuan/month/m3negative impact as much as possible.

Shops within The owner Alternative resettlement methods: 1. concrete-brickthe railway and the staff 1. The project owner provides business structured: 700

sector members housing of similar value, same size yuan/m3;and with similar conditions. 2. brick-wood

2. Calculate the compensation at the structured: 400reconstruction price and the shop yuan/m.3;

owner looks for business quarters 3. simple-structured: 150himself. yuan/m3;

3. Any cessation of production and 4. compensation for the

work resulting from removal shall cessation of

be compensated by the demolisher by production or work:

the month. 600 yuan/per

4. The affected can get removal fee and capitalmonth,

transitional fee. 5. removal fee: 350-460

5. Try to prevent the market yuan/per lorry shift;

enviromnent of the enterprise from 6.transitional fee: 4.5

negative impact as much as possible. yuan/monti/m3

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Mllegal The owner Resettlement methods:

structure 1. It enjoys the same rights as other

(outside the demolished housing, namely, the

railway compensation standard.

sector) 2. The local government provides the

owner with rent housing, so that he is

able to rent housing with his

compensation fee.

3. The specially poor households can

have resettlement housing at the

lowest standard free of charge.

4. The owner can get transitional fee

and removal fee.

Illegal The owner Resettlement methods:

structure I. It enjoys the same rights as other

(within the demolished housing, namely, the

railway compensation standard.

sector) 2. The project owner shall buy

commodity housing for the owner in

urban distict, with the excess area to

be paid for by the owner.

3. The speciaUy poor households can

have resettlement housing at the

lowest standard free of charge.

4. The owner can get transitional fee

and removal fee.

Infra- The owner Reconruction See Chapter 4 for detail

structures

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