Public Transport Sub-project of
Urban Comprehensive Transport Improvement Project in Xi’an
Resettlement Action
Policy Frame
Authorized by： Xi’an Development and Reform Committee
Shaanxi Academy of Social Science
July, 2007
Contents
1 Introduction 1
2 General Information of the Project 3
2.1 Contents of the Project Construction 3
3 Law and Policy Framework 7
3.1 Main Basis of Laws and Regulations on Emigrants Resettlement 7
3.2 Laws and Policies Related to Emigrant Resettlement 7
3.2.1 Laws and policies related to Permanent Land Acquisition 7
3.2.2 Laws & regulations on compensation for house demolition and relocation 13
3.3 The main tenet of World Bank Operational Involuntary Immigration Policy OP4.12 20
3.4 Resettlement principles on migrations of the Project 21
4 Compensation Standards and Procedure of land acquisition approval 23
4.1 Standards of land acquisition compensation and resettlement assistance 23
4.1.1 Standards of land acquisition compensation 23
4.1.2 Standards of resettlement assistance 23
4.1.3 The procedure of land acquisition approval 23
4.2 Housing and fixtures to the land compensation standards 24
4.2.1. Housing compensation standards 24
4.2.2. Ground crops and other fixtures compensation standards 24
4.3 Other costs 25
5 Resettlement and rehabilitation 26
5.1 Resettlement targets 26
5.2 The principles of resettlement 26
5.2.1 House rebuilding 26
5.2.2 Illegal construction demolition compensation 27
5.3 Removal and resettlement scheme 27
5.3.1 Urban residents’ resettlement scheme 27
5.3.2 Rural residents’ resettlement scheme 27
5.3.3 Business, commercial shops resettlement 28
5.4 The resettlement for affected disadvantaged group 28
5.5 Compensation for the affected infrastructure and ground appurtenances 28
5.6 Job placement 29
5.6.1 Agricultural resettlement 29
5.6.2 Self-employment placement 29
5.7 The restore production and life training program for the affected people 30
5.8 Provide conditions and services 30
6 Public participation and consultation 32
6. 1 Public participation 32
6.1.1 Public information 32
6.1.2 Fieldwork with the Affected People 32
6.1.3 Public Conference 32
6.2 Ways to Participation 32
6.3 The Arrangement of Public Negotiation and Participation 33
7 Appeal 35
7.1 Appellate Organ 35
7.2 Appeal Procedures 35
8 Organization 37
8.1 Implementing agencies 37
8.2 Implementing Agencies 37
8.3 Coordinating Agencies 37
8.4 Internal Supervision Agencies 38
8.5 External Supervision Agencies 38
9 Technical Training for Villagers 40
10 Surveillance and Report 42
10.1 Internal Surveillance 42
10.1.1 Surveillance method and content 42
10.1.2 Implementing procedure 42
10.1.3 The Internal Surveillance Report 43
10.2 Independent Surveillance 44
10.2.1 The basis of Independent Surveillance 44
10.2.2 Independent Surveillance agency’s responsibility 45
10.2.3 The Independent Surveillance report 47
2
1 Introduction
Xi’an is the important supporting point of Large-scale Development in Western China strategy. In recent years, by right of the region superiority of its unique history, economy, civilization, and the industry advantage of education, scientific research, equipment manufacturing, high-tech, the social economy development in Xi’an was strong, and it has become the most important key city in northwest area. At present, under the instruction of urban development idea as "the internationalization, the market, the humanities, and the ecology", the city skeleton further enlarges, the city and countryside integration advancement further speeds up, the city function consummates day by day. Xi'an is being a harmony, stable, fast development.
Until 2004, the average quantity of daily trip reached 7.3 million; the quantity of car holds achieved 333,700, daily new vehicles reached 200-400, the demand of trips increased violently. At the same time, the investment of Xi'an municipal transportation infrastructure construction was huge, municipal transportation backwardness was improved. The vehicle which unceasingly grows occupies the newly built urban road rapidly and the new transportation congestion also appears successively. The present development method possibly causes the transportation fall into the vicious circle of building roads temporarily alleviates congestion - more traffic volume - congestion again - the road is restricted to the limit of land use. Therefore, only by changing transportation development pattern, enhancing the road usage efficiency, can realize Xi'an transportation sustainable development.
Until 2004 year's end, there were 186 public transit routes, more than 4,000 public transit vehicles, the ridership of public transit was nearly 2.5million people in Xi'an; and there were 10,463 taxis, the ridership of taxi daily was more than 600,000 people. The two modes undertook 30% of the whole city trips. Xi'an basically has formed a city mass transit system that taking the public transit as a main body; whereas taking taxi as a supplement. The public transportation investment and the operation all have a quicker growth, but the transportation congestions cause the public transportation service level to drop. Premier Jiabao Wen, Vice-Premier Peiyan Zeng made the written comment to the public transportation priority policy, the Construction Department sent opinions about giving priority to the development of city mass transit [38th article]. In September, 2005, the State Council office forwarded the notice on Opinions about Giving Priority to City Mass Transit Development (the state council send [2005] 46th article) to the Ministry of Construction. The public transit priority strategy policy obtained the country’s high concern.
Based on the above reasons, Xi'an municipal government thought the Xi'an mass transit development met an unprecedented good opportunity and planned to via the World Bank loan project,. The research mainly focus on the BRT demonstration line, the bus priority lane system and transit depot which are included in public transportation sub- project of the World Bank project.
Most improvements of Urban Comprehensive Transport Improvement Project in Xi’an will carry on the transformation on the original path foundation, basically rebuilds and lays down the road surface along the old route, although the estimated entire influence of removing is limited, it is necessary to establish an overall policy frame to instruct the essential political opponent and the immigrant resettlement work. Resettlement Overall Policy Frame of Public Transport Sub-project of Urban Comprehensive Transport Improvement Project in Xi’an is compiled according to the relevant national, provincial laws and regulations, especially World Bank non- voluntary immigration service policy and World Bank procedure OP/BP4.12 .Its goal lays in placing the project construction influenced population properly, letting them to benefit from the construction, enhancing or at least recovering their living standard before affecting it.
2
2 General Information of the Project
According to Regulation for the Design of Urban Public Transport Station, Workshop and Plant (June, 1988) by the Ministry of Construction, Statistic yearbooks of Xi’an in the past years by Xi’an Municipal Statistic Bureau, and Network Planning for the Public Transport of Xi’an, Xi’an Municipal Communication Bureau authorized Special Planning for the Public Transport of Xi’an (April, 2006). And in this Special Planning some preferential projects have been put forward, such as constructing No.2 metro line; constructing BRT route; constructing Transit Hubs , depot parking and dispatching; constructing Bus priority lanes; optimizing the Transit routes network in the city zone; taxi development and so on. In order to alleviate the existing situation of urban public transit, improve and advance the service quality of Xi’an urban public transit system.
2.1 Contents of the Project Construction
Public Transport Sub-project of Urban Comprehensive Transport Improvement Project in Xi’anwhich loan from The World Bank includes:
l bus priority lanes sub-project:
The project includes 13 bus priority lanes and total length is 128.43 km, 348 bus harbored bus stop stations among them, the general situation and the locations are shown in Figure 2-2 and Table2-1.
Figure2-1 Locations of bus priority lane
Table 2-1 13 Bus Priority Lanes
No. / The Name of the Ten Corridors / Length(km) / Station No.(couple) / Bus harbors No.
1 / Weiyang Rd.-South Avenue/North Avenue-Chang’an Rd. / 17.84 / 22 / 32
2 / Hongqi Factory-Taihua Rd.-East Ring Rd.-Taiyi Rd.-Qujiang / 14.65 / 23 / 12
3 / Jiefang Rd.-Heping Rd.-Great Wild Goose Pagoda / 5.87 / 16 / 18
4 / Keji Rd.- 7th Xixie Rd.-Jixiang Rd.-East/West Xiaozhai Rd.-Xiying Rd. / 13.22 / 23 / 39
5 / Laodong Rd.-Gaoxin Rd. / 5.34 / 9 / 27
6 / Youyi Rd. / 3.07 / 6 / 44
7 / Xingqing Rd. / 9.97 / 13 / 20
8 / Zhuhong Rd.-Xinghuo Rd.-West Ring Rd.-Taibai Rd. / 15.60 / 21 / 30
9 / Hancheng Rd.-North Zhangba Rd. / 9.29 / 10 / 15
10 / Hongguang Rd.-Fenghao Rd.-Xiguanzhengjie St.-East Avenue/North Avenue-Shiyuan Rd.-Huzhu Rd.-Hansen Rd. / 13.14 / 24 / 26
11 / east Zhangba Rd(Xiwan Rd-Zhuque sreet) / 4 / 8 / 14
12 / Middle Xianning Rd-west Xianning Rd-east of south Ring Rd-west of south Ring Rd-Fengqing Rd / 10.56 / 27 / 45
13 / Zhuque Rd(east Zhangba Rd-Zhuque Rd) / 5.88 / 15 / 26
Total / 128.43 / 217 / 348
●Two bus hubs: The bus hub of urban south Passenger terminal， and the bus hub of Spinning and weaving city Passenger terminal.
Land acquisition area of the bus hub of Spinning and weaving city Passenger terminal is 16867.51m2, occupied land area is 13334m2，all construction area is 7957.21m2，among it, synthetical building (include a dining hall) area is 4477.21m2，maintenance shop area is 3150m2，area of the boiler room , pump house , power distribution house are 300m2，reception office area is 30m2。Bus platform area is 720 m2, the number is 20.
Land acquisition area of the bus hub of urban south Passenger terminal is 25406.79m2，occupied land area is 13369.3m2，all construction area is 4620m2，among it, synthetical building (include a dining hall) area is 3000m2，maintenance shop area is 1290m2，area of the boiler room , pump house , power distribution house are 300m2，reception office area is 30m2。Bus platform area is 675 m2, the number is 18.
●One bus transit depot:
The land acquisition area of the new bus transit depot is 78265.50m2，occupied land area is 67017.10m2，all construction area is 22051.90m2。The general situations are shown in Table2-2.
Table2-2 general situations of the bus transit depot
Name / Unit / AreaLand acquisition area: / m2 / 78265.50
Road area / m2 / 11248.40
Occupied land area / m2 / 67017.10
all construction area： / m2 / 22051.90
synthetical building / m2 / 2955.00
maintenance shop / m2 / 8390.70
Parking lot / m2 / 26180.80
Filling station / m2 / 1250.00
Washing car room / m2 / 180.00
reception office / m2 / 30.00
pump house , power distribution house / m2 / 800.00
Workers life centre / m2 / 8446.20
Ditch / item / 14.00
The sub-projects above all are not related to demolition of houses and migrant resettlement.
2.2 Scale of Project Construction
Total investment of the public transport sub-project of urban comprehensive transport improvement
project in Xi’an is 499,673,900RMB Yuan, among it , total loan from The World Bank is 186,448,800 RMB Yuan.
2.2.1 Bus Priority lanes sub-project
Total investment of the project of bus priority lane is 204,063,100RMB Yuan, among it, loan from The World Bank is 76,683,100RMB Yuan.
2.2.2 Bus hubs sub-project
Total investment of the bus hubs is 115,665,700RMB Yuan, among it, loan from The World Bank is 42,210,500 RMB Yuan. The details are expressed in 2-3.
Table：2-3 (RMB Yuan)
Name / Total investment / loan from The World Bankthe bus hub of Spinning and weaving city Passenger terminal. / 56,246,800 / 25,017,500
The bus hub of urban south Passenger terminal / 59,418,900 / 17,193,000
Total / 115,665,700 / 42,210,500
2.2.3 Bus transit depot
Total investment of the bus transit depot is 179,945,100RMB Yuan, among it, loan from The World Bank is 67,555,300 RMB Yuan.
3 Law and Policy Framework
3.1 Main Basis of Laws and Regulations on Emigrants Resettlement
The Law of Land Administration of the People’s Republic of China (came into effect on Jan.1, 1999)
The Law of People’s Republic of China on Urban Real Estate Administration (came into effect on Jan.1, 1995)
Regulations for Management of Urban House Demolition (came into effect on Nov.1, 2001)
Shaanxi Provincial Regulations on Management of Urban House Demolition Compensation (came into effect on Dec.1, 2003)
Measures of Shaanxi Province on Implementing the The Law of Land Administration of the People’s Republic of China (took into effect on Jan.1, 2000)
Measures of Shaanxi Province on the Assignment and Transfer of the Right to the Use of the State-owned Land (took into effect on Jan.1, 2000)
Measures of Unified Land Acquisition of Shaanxi Province for Construction Project (took into effect on Mar.1, 2002)
Rules for the Protection of Basic Farmland (took into effect on Apr.4, 1996)
Temporary Regulations on Xi’an Urban House Demolition Assessment (took into effect on Jun.10, 2004)
Detailed Rules for Implementation of Urban House Demolition in Xi’an (took into effect on Jun.10, 2004)
World Bank Operational Policy OP4.13 Involuntary Immigration (Dec. 2001) and World Bank Operational Policy OP4.12—Annex Table 1 Involuntary Immigration.
3.2 Laws and Policies Related to Emigrant Resettlement
3.2.1 Laws and policies related to Permanent Land Acquisition
3.2.1.1 The Law of Land Administration of the People’s Republic of China
The Law of Land Administration of the People’s Republic of China stipulates that any unit or individual, who wants to conduct construction and in the need of using land, has to submit an application for using the state-owned land by law.
Article 44 Whereas occupation of land for construction purposes involves the conversion of agricultural land into land for construction purposes, the examination and approval procedures in this regard shall be required. For projects of roads, pipelines and large infrastructure approved by the people's governments of provinces, autonomous regions and municipalities, land for construction has to be approved by the State Council whereas conversion of agricultural land is involved. Whereas agricultural land is converted into construction purposes as part of the efforts to implement the general plans for the utilization of land within the amount of land used for construction purposes as defined in the general plans for cities, villages and market towns, it shall be approved batch by batch according to the annual plan for the use of land by the organs that approved the original general plans for the utilization of land. The specific projects within the scope of land approved for conversion shall be approved by the people's governments of cities or counties.