World Bank Loan. Hohhot-Zhangjiakou Rapid Railway. Resettlement Policy Framework

Transcription

1 Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized World Bank Loan Hohhot-Zhangjiakou Rapid Railway Resettlement Policy Framework The Foreign Capital & Technical Import Center, Ministry of Railways December, 2011

2 Contents A PROJECT INTRODUCTION...1 B OBJECTIVE, PRINCIPLE AND TERMS OF THE POLICY FRAMEWORK...1 C PREPARATION AND APPROVAL OF RAP...4 D INSTITUTIONAL AND LEGAL FRAMEWORK...6 E IMPLEMENTATION PROCESS...10 F FUND ARRANGEMENT...15 G PUBLIC PARTICIPATION AND INFORMATION TRANSPARENCY...15 H APPEALING PROCEDURE...16 I MONITORING AND EVALUATION...16 ANNEX 1 COMPENSATION STANDARDS IN PROJECT IMPACTED AREAS Land Acquisition Compensation Standard Compensation Standards for Housing Demolition and Accessory Objects on Ground Compensation Standards for Infrastructure and Special Establishment...32 ANNEX 2 EXAMPLE TABLE-- ENTITLEMENT MATRIX...33

3 A Project introduction 1. The Hohhot-Zhangjiakou Rapid Railway passes through Zhangjiakou City in Hebei Province, and Wulanchabu and Hohhot City in Inner Mongolia Autonomous Region. The line, from east to west, goes through four categories five kinds of landforms, including Yanghe river valley, low-and-middle hills, basin area of Huangqihai Lakes, low-and-middle mountains in Zhuozi, inclined plaints in front of Daqingshan Mountain. 2. The total length of the trunk line is km. There are km bridges, including 118 beam bridges of km, 114 frame bridges of top square meters, accounting 47.9% of the total length of the line. There are 27 tunnels, with a total length of km, 15.9% of the total length of the line. The length of bridges and tunnels accounts 63.8% of the line s total length. The length of subgrade is km, 36.2% of the line s length. There are also 171 culverts, 4189 linear meters. 3. There are 4 stations (not including Zhangjiakou South Station) installed along the line, including Huai an, Wulanchabu, Zhuozi East and Hohhot East Station among which Huai an and Wulanchabu stations are newly built ones while the rest are rebuilt. Hohhot East Station is for passenger transport and the rest are intermediate stations. The reconstruction of Hohhot Station shall be considered as part of the project. The maximum station distance is km (from Zhuozi East to Hohhot East) and the minimum is km (from Wulancahbu to Zhuozi East), km on average. A new MU train workshop and coach kerbing station shall be built in Hohhot East Station. Comprehensive repair workshops shall be built in Wulanchabu, Zhuozi East and Hohhot East Station. A Maintence site shall be installed in Huai an station. The project duration is 4 year, completed for one time. 4. The total budget of investment for the project is million Yuan, million Yuan per km of the trunk line, including million Yuan on static investment, million Yuan per km of the trunk line. 5. The railway alignment and station locations may be further improved and adjusted in the latter design stages and during implementation. In addition, access roads and borrow pits which are determined during implementation may result in land requisition. Therefore, the borrower, in accordance with the World Word Bank Loan Project 1 Hohhot-Zhangjiakou Rapid Railway

4 Bank OP4.12, Involuntary Resettlement, has formulated a Resettlement Policy Framework. If a significant resettlement impact is expected, a RP is to be prepared in accordance with the RPF. B Objective, principle and terms of the Policy Framework 6. The Resettlement Policy Framework is formulated based on the World Bank OP4.12, namely the Involuntary Resettlement. The overall objective is to ensure the unforeseen/undefined resettlement work compliant with the following: Involuntary resettlement will be avoided where feasible, or minimized, exploring all viable alternative project designs. Where it is not feasible to avoid resettlement, resettlement activities will be conceived and executed as sustainable development programs. Providing sufficient investment resources to enable the persons displaced by the project to share in project benefits. Displaced persons will be meaningfully consulted and will have opportunities to participate in planning and implementing resettlement programs. Displaced persons will be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher. 7. The Policy Framework sets the principle and objective of resettlement, applicable principle, rights, laws and regulation framework of resettlers, compensation and restoration mode, participation, complaints addressing procedure, to provide specific guidance on the compensation, restoration and resettlement on emigration. 8. Each RAP shall be formulated with a basis on the collected and identifiable basic information. Resettlers include the following persons whose: rural land or rural house including the building site is partially or totally impacted by the project (permanent or temporary) urban house is partially or totally impacted by the project (permanent or temporary) business (enterprises or public institution, shop) is partially or totally impacted by the project (permanent or temporary) Word Bank Loan Project 2 Hohhot-Zhangjiakou Rapid Railway

5 young crops or ground belongings are partially or totally impacted by the project (permanent or temporary) 9. In accordance with the Involuntary Resettlement of the World Bank (OP 4.12), specific principles and objectives of the RPF are set as: Requisition of land and other properties as well as relevant resettlement shall be minimized as much as possible; By the base investigation date, all resettlers are eligible for restoration measures to help them improve or at least keep the living standard, revenue requisition capability and production level. The vacancy of legal rights on property loss can not hinder the rights of resettlers on resettlement measures Resettlement measures include: (1) using non-depreciated or valuerecovered replacement cost to compensate house and other buildings; (2) rural land replacement with equal and acceptable production level; (3) acceptable equivalent house and building site displacement; (4)migration and living subsidy; The accepted displaced houses, building site and rural lands shall be near to the lost lands as much as possible; The transition period of resettlement shall be short as much as possible, and the restoration measures shall be provided to resettlers before the kick-off date. The requisition plan of lands and other assets as well as restoration measures shall be discussed and negotiated with resettlers to minimize the negative impacts. Resettlers shall be empowered before the kick-off date; Keep or improve the former service and resource level; Whenever and wherever needed, financial and material resources of resettlement and restoration shall be available at hand. Budget of resettlement plan shall include unforeseeable fees; The regulation and institution arrangement shall make sure that property and resettlement shall be designed, planed, consulted and implemented in time and effectively. Word Bank Loan Project 3 Hohhot-Zhangjiakou Rapid Railway

6 C Preparation and approval of RAP 10. Preparation and implementation of RAP (including payment and immigration fees) shall be undertaken by the borrower. The Chinese Ministry of Railways shoulders full responsibility on the project. The implementing agency is Zhanghu Railway Company and railway construction offices at all levels along the line. 11. As unforeseen/undefined resettlement happens Zhanghu Railway Company will work closely with railway construction offices of affected cities and counties to prepare the RAP. The RAP shall be submitted to the World Bank through the Ministry of Railways. Meanwhile, opinions from resettlers shall be absorbed. 12. With reference to the Involuntary Resettlement of the World Bank (OP 4.12), RAP shall cover the following contents (if related). Those contents not related with the project shall be pointed out in the RAP: General description; Potential impact identification Objective ( main objective of RAP); Socio-economic study. It shall be conducted in the early stage of project preparation, which shall include potential resettlers, survey results and other descriptions; Legal framework. It shall include requisition right scope and compensation nature, applicable laws and administrative procedure, laws and social welfare legislation, laws and regulations and necessary legal procedures; Institutional framework. It includes identification of responsible RAP institution, involved NGOs, institutional capability assessment and steps to strengthen the institutional capability; Qualifications. Identify the standard of resettlers and decide qualified resettlers to receive compensation and other restoration assistance. Lost evaluation and compensation; Resettlement restoration measures. Cash compensation and other restoration measures; Selection of resettlement sites, site preparation and redecoration; Word Bank Loan Project 4 Hohhot-Zhangjiakou Rapid Railway

7 House supply, infrastructure and social services; Environmental protection and management; Public participation and coordination, resettlers and communities must be included; Integration with local population. Measures to minimize impacts on local communities; Complaint addrssing process. Suitable procedures of the third party to solve contradictions; Organization structure and responsibility; Implementation schedule; Cost and budget; Monitoring and evaluation. 13. The RAP shall be completed at latest 6 months before the kick-off date of resettlement. Each RAP shall be submitted to the World Bank for review and clearance three months before action taking place. Activities of compensation, resettlement and restoration shall be formally started after the RAP approved by the World Bank. Activities of compensation, resettlement and restoration shall be finished before the start of engineering contract. 14. If the impacted population less than 200 persons, Huzhang Railway Company shall work closely with railway construction offices along the line to prepare the Abbreviated Resettlement Action Plan for the project, which shall be submitted to the World Bank through the Ministry of Railways. Meanwhile, opinions from resettlers shall be absorbed. 15. With reference to the Involuntary Resettlement of the World Bank (OP 4.12), the Abbreviated Resettlement Action Plan shall cover the following contents at least: Detailed resettlers survey and property evaluation Description of compensation and other restoration assistance Acceptable alternative plan and coordination with resettlers Institution responsibility and appealing procedure Monitoring and implementation arrangements Word Bank Loan Project 5 Hohhot-Zhangjiakou Rapid Railway

8 Schedule and budget 16. The Abbreviated Resettlement Action Plan shall be completed at latest 4 months before the kick-off date of resettlement. Each Abbreviated Resettlement Action Plan shall be submitted to the World Bank for consideration three months before action taking place. Activities of compensation, resettlement and restoration shall be formally started after the RAP accepted by the World Bank. Activities of compensation, resettlement and restoration shall be finished before the start of engineering contract. D Institutional and legal framework 17. The legal framework guiding the implementation of the RAP is the Involuntary Resettlement of the World Bank (OP 4.12), and relevant laws, regulations and orders of the People s Republic of China, including the State, province and involved cities and counties. 18. There two significant different aspects between resettlement policies of WB and China. One is that the Bank requires that all projects involving resettlement need resettlement instrument, while China only require resettlement plan for midlarge scale water projects. The other is on compensation for illegal assets; the Bank asks to provide resettlement assistance, while China policy defines no compensation or assistance. The project will provide resettlement assistance. In addition, there are some procedural differences such as in China resettlement process starts only after linear feasibility study is approved by government, and consultation of PAPs is not required during feasibility studies but is required before implementation. Applicability of social security is also a specific feature of China. The project resettlement will follow the OP The People s Republic of China has formulated a complete set of legal and policy framework regarding land acquisition, house demolition, and resettlement of resettlers and standards of compensation. Since 1986 when The People s Republic of China Land Administration Law was promulgated, it has been revised three times according to the changes of national conditions. The latest revision was made on August 28, 2004 by the standing committee during the 11th conference in The Tenth National People s Congress. Within the national legal and policy framework, governments of every level respectively Word Bank Loan Project 6 Hohhot-Zhangjiakou Rapid Railway

9 promulgated and implemented relevant laws and policies that conform with the local conditions to manage and guide the work of land acquisition, house demolition, resettlement of resettlers and compensation. The two provinces where the line goes through have formulated relevant local laws and policies to manage and guide related work locally. Every prefecture level cities, county level cities, districts, counties under the jurisdiction (region) have all implemented relevant regulations from their provincial governments. 20. Major laws and policies include: Laws and policies relating to land requisition The Law of Land Administration Law of the People's Republic of China, (revision made on August 24, 2004) Provisions for Implementing the People's Republic of China Land Administration Law, State Council Decree No. 256, Effective on January 1999; Provisions on the Protection of Farmlands, State Council Decree No. 257 Implementation of Forestry Law of the People's Republic of China, No. 278 of the State Council Decision on Intensive Reformation and Strict Land Administration, GF [2004] No. 28; Notice of the Ministry of Natural Land Resources on Strengthen the Management of Land Requisition, (June 26, 2010) Notice of Hebei Provincial People s Government on Regional Comprehensive Price of Land Requisition (Jizheng No ) Notice of the People s Government of Inner Mongolia Autonomous Region on Implementing a Unified Annual Production Value and Regional Comprehensive Price of Land Requisition (Inner Mongolia Office No ) Hohhot Municipal Bureau of National Land and Resources On Transferring the Notice of the General Office of People s Government of Inner Mongolia Autonomous Region on Implementing a Unified Annual Production Value and Regional Comprehensive Price of Land Requisition (Huguotutongzi No ) Laws and policies regarding social security Word Bank Loan Project 7 Hohhot-Zhangjiakou Rapid Railway

10 On Transferring the Notice of the Ministry of Labor and Social Security on Guiding Opinions on Job Training and Social Security of Affected Peasants by the General Office of the State Council (Guobanfa No. [2006]29) On Transferring the Notice of Opinions of Five Departments including Provincial Department of Labor and Social Security on Establishing Social Endowment Insurance, Hebei Provincial People s Government, February 17, 2005 (See Annex 9) On Disseminating the Notice of Tentative Methods of Social Endowment Insurance of Affected People Changing from Agricultural to Non-agricultural Status in Hohhot City. (See Annex 9) Laws and policies regarding housing demolition 21. Regulations on the Expropriation of Houses on State-owned Land and Compensation (No. 590 the order of the State Council) 22. Land requisition compensation standard related with the project seen in Annex 1. The land requisition standard shall follow the Notice of Improving Administration of Land Requisition Issued by Ministry of Land and Resources (June 26, 2010) as regulated All governments shall establish the dynamic adjusting system for the land requisition compensation standards and adjust these standards every two or three years according to the economic development level and the local income increase rate per capita to improve the land requisition compensation level step by step. 23. The objective of the RAP is to ensure that resettlers shall be given enough opportunities to restore their lost properties, improve or at least keep their former income level and living standard. To achieve he objective, all resettlers shall be identified and hold that restoration measures in the RAP are reasonable. The following measures will be taken by considering major affected types (for example, land requisition and occupation, urban and rural housing demolition, non-residential house demolition (enterprises and public institution, shops). 24. Rural land lost resettlers are eligible for the following compensation and restoration measures: Remaining collective farmlands after land requisition or mobility lands shall be reallocated by the village committee to all members. The land shall be totally affected if houses or buildings become unsafe or lose its functions due Word Bank Loan Project 8 Hohhot-Zhangjiakou Rapid Railway

11 to partial land requisition. All resettlers are qualified to participating in the land reallocation and get benefits from projects invested from collective land compensation fees. In accordance with the Land Administration Law and other relevant laws, farmland lost resettlers must be identified in areas where land could not be reallocated. In some condition, employment opportunities can be provided to them with salaries equal to their lost income. There is another condition that resettlers can receive resettlement compensation fees four to six times of the average production level 1 in the past three years. If resettlers can still not keep their former living level by providing the above mentioned measures, the resettlement compensation fees can be raised to 15 times of the average production level in the past three years; If land compensation fees and resettlement compensation fees can still not help keep the living standard of resettlers, the people s governments of involved cities and counties can use revenues from state land utilization to subsidize the resettlers; Land compensation fees and resettlement compensation fees shall be paid to affected village committees or resettlers to ⑴ increase the area of farmland if lands can be utilized; ⑵ improve agricultural production by supplying irrigation and agricultural operation; ⑶ develop non-agricultural income based on current activities. Similar to fixed assets, costs of young crops, fruits and economic forests shall be compensated at the price of restoration. 25. Demolished resettlement houses and belongings shall be compensated and restored by adopting following measures: Displaced house with equal value Cash compensation by total displacement value Rebuilding or restoration compensation on all facilities and services ( for example, road, water supply, electricity, telephone, cable TV, school) Subsidy in the transition period shall ensure the transport of all belongings or acquire temporary houses. 26. Resettles lost business revenue ( or employment income) are eligible for the 1 Or unified annual production value. Word Bank Loan Project 9 Hohhot-Zhangjiakou Rapid Railway

12 following restoration measures: Mitigation measures for business operation revenue lost mainly include: ⑴ provide selectable commercial sites with same area and similar customer sources; ⑵ provide cash compensation to commercial house owners with total displacement value (including houses and all facilities) ;⑶ Provide transitional compensation on expenses of movement and operational lost during the business suspension. Mitigation measures for unemployed persons mainly include: ⑴ provide employment opportunities with same salary; ⑵ provide cash compensation equal to three-year salary at least; ⑶ provide transitional compensations and provide reemployment trainings, or provide necessary measures to help acquire new jobs. 27. The RAP shall include right matrix of affected person. See annex 2. E Livelihood measures 28. Land Adjustment 1) Though Villager Committee and upon villagers intention, land adjustment is selected to carry out land acquisition relocation. 2) First allocating land kept by village committee to the affected households; land compensation is paid to the village committee. If the land is insufficient, then: 3) adjust land according to group, work out current per capita arable land after deducting acquired area, then divide or complement land among households according to this standard and finally achieve average land division. 4) Allocation of compensation for land acquisition after land adjustment: make monetary compensation for acquired collective land according to local land acquisition compensation standard, including land compensation and relocation subsidy. Since affected villages will adopt land adjustment according to group, land compensation and relocation subsidy will be allocated to affected groups according to the quantity of acquired land, and then averagely allocated to each household within jurisdiction. 29. Cash Compensation 1) For the allocation of land compensation, 20% belongs to collective economic Word Bank Loan Project 10 Hohhot-Zhangjiakou Rapid Railway

13 organization and 80% belongs to the owner of land use right of acquired land or farmers that contract land according to household contract. All compensation for young crops and attachments is directly made up for affected people. 2) Basic allocation, payment and use condition of monetary compensation for land acquisition in this project are as follows: 3) Reach uniform decision on land compensation through villagers meeting; 4) Publicize each household s land loss and compensation plan in village; 5) 80% of land compensation and all relocation subsidies shall be paid to affected households. All compensation for young crops and attachments shall be directly made up for affected people; 6) Reach an agreement on land loss amount and total payable compensation with each household. All relevant parties shall sign on the agreement; 7) Pay each household according to the signed agreement; 8) Landless farmers are responsible for the use of compensation. Most of them use it for the development of secondary and tertiary industries; 9) According to the principle of self-governance among villagers regulated in the Organizational Law of Village Committee and under the organization of Village Committee, the use of 20% of land compensation of collective economic organization and compensation for acquired land without the owner of land use right, non-contracted land of collective economic organization and contracted land according to other methods shall be decided based on villagers consultation and through the form of villagers meeting or villagers congress by means of one or various measures so as to make all affected farmers share resource equally and realize the recovery and development of production and life. 30. Social Security for Landless Farmers 1) Social security work in Hohhot City First, cover endowment insurance, unemployment insurance and medical insurance. Second, enjoy subsistence allowances for those have difficulties in life. According to the regulations in Interim Procedures of Endowment Insurance of People Transferred from Landless Farmers in Hohhot City, draw up the Enforcement Scheme of Landless Farmers Participating Endowment Insurance in Nandian Village (HZF[2005] 59). At present, the pension is 480 Yuan / month. This standard will be Word Bank Loan Project 11 Hohhot-Zhangjiakou Rapid Railway

14 dynamically increased according to the rising range of price level. Meanwhile, to participate in and receive social security do not influence affected people to obtain corresponding compensation for land acquisition. 2) Social security work in Zhangjiakou City Concrete procedures of capital source, cost calculation, receiving and allocation of the pension of landless farmers are as follows: (I) Endowment insurance premium for landless farmers shall be raised according to the principle of individual payment, collective subsidy and governmental undertaking. Financing limit is confirmed according to the standard that the pension of insured people shall not be lower than subsistence allowances of local urban residents while reaching retirement age. Financing proportion is shared according to below 30% of financing amount of individual payment, above 40% of collective subsidy and above 30% of governmental undertaking. It can be properly adjusted based on local reality by County (Municipal, District) Government. (II) Individual payment for endowment insurance premium shall be offset from the allowance for land acquisition relocation; collective subsidy shall be disbursed from land compensation; governmental undertaking shall be disbursed from land transferring fees. (III) Individual payment and collective subsidy for endowment insurance premium shall be withdrawn from the allowance for land acquisition relocation and land compensation by Village (Neighborhood) Committee and handed over to County (Municipal, District) Rural Social Endowment Insurance Agency. Governmental undertaking for endowment insurance premium shall be transferred to Rural Social Endowment Insurance Agency timely in full by financial department. (IV) The standard of paying premium shall be approved and confirmed by Village (Town) Government (Sub-District Office) upon the discussion and approval of villagers (residents ) meeting or villagers (residents ) congress. (V) The raising of endowment insurance premium shall be timely adjusted according to the variation of standard for subsistence allowances of local urban residents. When raising standard needs be adjusted, County (Municipal, District) Labor Security Department shall propose adjustment Word Bank Loan Project 12 Hohhot-Zhangjiakou Rapid Railway

15 scheme with the department concerned and then publicize and implement after reporting to County (Municipal, District) Government for approval. After the standard is adjusted, the raising of endowment insurance of new insured people shall be executed according to new standard. The raising standard of insured people before adjustment is not changed. 31. Training and Other Recovery Measures Two affected provinces insist on market-oriented mechanism of employment and provide necessary technologies and opportunities for farmers with no or little land through vocational technical training, vocational introduction and developing integrated project to promote the employment of landless farmers and herdsmen. According to the Guidance on Providing Better Training for Peasant-Workers of the State Council (GBF [2010] 11), both Hebei Province and Inner Mongolia Autonomous Region draw up corresponding enforcement opinions and notice to guarantee the smooth implementation of training of peasant-workers in aspects of system, capital and management. Carry out planned training of landless farmers and herdsmen. Governments at all levels and departments concerned within urban planning area shall make targeted vocational training plan suitable to the feature of landless farmers and herdsmen and help them realize employment through order-type training and other methods. Regions outside urban planning area shall actively carry out free vocational training based on the feature of landless farmers and herdsmen to improve their employment competitiveness and capacity to initiate and operate. Actively create conditions to provide free employment service for landless farmers and herdsmen. Public job introduction agency, training agency and certifying agency of vocational skills shall initiatively provide free job introduction, training and vocational skills verification for landless farmers and herdsmen. At present, there are mainly two kinds of employment training planned, organized and established by governmental departments: the first kind is related to agriculture, which mainly involves agricultural extended services for helping villagers (including landless villagers), e.g. seeding, fertilizer, science and technology, veterinary service, forestation and avocation economic activities etc. The second training is related to nonagricultural employment, which aims to help people with few land and those who are exploring nonagricultural job Word Bank Loan Project 13 Hohhot-Zhangjiakou Rapid Railway

16 opportunities. Training will provide new skills for farmers, help them find new jobs through information transfer and actively organize labor force output to developing areas. Training mainly involves food production, machinery, sewing, woodworking, security, cooking and main household services etc. Offer job opportunities through multiple approaches. Two affected provinces in this project insist on market-oriented mechanism of employment, plan urban and rural employment, develop new jobs through multiple channels, improve employment environment, encourage and lead various enterprises, institutions and communities to receive landless farmers and herdsmen and support them to search for jobs and operate on their own. Implement uniform employment registration system for farmers and herdsmen received into urban employment service system. Unemployed landless farmers and herdsmen can make unemployment registration at local public employment service agency. Public employment service agency takes charge of handling unemployment registration procedures and providing employment counseling, guidance, training, job introduction and other services for landless farmers and herdsmen to promote those with employment aspirations within labor age group to realize employment. Those unemployed people with employment aspirations within labor age group can enjoy relevant supporting policies about employment and re-employment promotion. Receive 4050 landless farmers and herdsmen into urban groups with employment difficulties and develop public service jobs for employment settlement. For employment settlement, land use organizations can directly provide jobs and sign labor contract with settlement targets complying with employment conditions. Besides, land use organizations, employment service agency and landless farmers and herdsmen can sign triple contract to entrust settlement. F Implementation process 32. The new RP shall include detailed implementation schedule on all to-be-carried activities. If necessary, the payment of compensation fees, other restoration measures (cash or in-kind) and resettlement shall be finished one month before land requisition. If compensation fees can not be paid or other necessary assistance not available, additional transitional compensation fees are necessary. Word Bank Loan Project 14 Hohhot-Zhangjiakou Rapid Railway

17 G Fund arrangement 33. Zhanghu Railway Company shall undertake all expenses related with land requisition and resettlement. The RAP, in line with the RPF, shall include cost estimate and budget. All people affected by the land requisition are eligible for compensation or other suitable mitigation measures; no matter if they are identified as resettlers in the resettlement plan stage or enough mitigation funds are in place. Therefore, budget for RAP shall include unforeseeable fees, normally 10% of the total RAP budget or even more. 34. The compensation standard defined in the RAP sets basis for the calculation of resettles compensation fees. Resettles compensation fees shall be totally paid to land or property lost individuals or the collective, no docking is allowed with any reasons. The RAP shall also describe through which procedure compensation funds are transferred from Huzhang Railway Company and railway construction offices to affected villages or villagers. A basic principle is that the fund flow shall be direct as much as possible to reduce intermediate process. H Public Participation and Information Transparency 35. The RAP must describe adopted and to-be-adopted measures, have impacted people participate in the suggested resettlement arrangements, and raise their awareness of participation in improving or restoring livelihood and living level. In order to ensure that opinions and suggestions of impacted people will be fully considered, public participation shall be carried out before project design and implementation of mitigation measures. Public participation shall be carried through the whole process of RAP and external monitoring. 36. The public participation will be conducted through the whole process of the resettlement, especially in inventory investigation, resettlement plan development and resettlement implementation. 37. During the process of formulating draft and final RAPs, railway construction offices shall give publicity to impacted population and the public with special languages in certain places of the project. The publicity of draft RAP shall be made one month before assessment of the World Bank at least. After being approved by the World Bank, the final version of RAP shall be published again. 38. The RPF was redisclosed together with the RP locally on December 12, 2011 and will be in Infoshop. Word Bank Loan Project 15 Hohhot-Zhangjiakou Rapid Railway

18 I Appealing procedure 39. As the resettlement is conducted with participation of affected people, therefore, no big contradictions will happen. However, in order to ensure that affected people have the channels to putting forward appealing on each aspect of land requisition and resettlement, the following appealing procedure must be established: The First Stage:The affected persons may present their grievances to the village committee or the local ROs at township level orally or in a written form. For oral grievances, the village committee or the local ROs at township levels must keep a written record and provide a clear reply within two weeks. When it involves serious problems needing to be reported to RO at a higher level, the village committee or the local ROs at township levels must endeavor to obtain a reply from the RO at the higher level within two weeks. The Second Stage: In case that reply at the First Stage does not satisfy the complainants, the complainants may appeal to the RO at a higher level within one month after receiving the reply at the first stage. RO at the county or district level must make a decision within three weeks. The Third Stage: In the event that the affected persons are not satisfied with the reply of the ROs at district or county level, they may appeal to the PROS within one month after receiving reply at the second stage. The PROS shall make a reply within four weeks. The Fourth Stage: In case that the affected persons are not satisfied with the reply at the third stage, they may appeal to the civil court within 15 days after receiving the reply from the provincial resettlement officee. J Monitoring and evaluation 40. Huzhang Railway Company shall conduct monitoring and supervision on the implementation of the Rap. The supervision and monitoring results shall be recorded in the quarterly report so as to report to the World Bank. 41. Internal monitoring and supervision Examine the implementation conditions. Checking baseline information, terms of property loss evaluation and compensation, implementation of resettlement and restoration rights according to the terms of the Policy Word Bank Loan Project 16 Hohhot-Zhangjiakou Rapid Railway

19 Framework and RAPs Monitor if the RAP is implemented in accordance with the designed and approved version Check if the funds for RAP are paid in time and in full quantity, and usage of these funds are in identical with terms of RAP Record all appealing and resolutions, and make sure appealing shall be solved in time 42. External independent monitoring: Huzhang Railway Company shall, through public bidding, employ an independent institution to conduct periodical external monitoring and evaluation on the implementation of RAP. Independent institutions or individuals can be scientific institutions, NGOs, or independent consulting company. But the selected institution must have qualified and experienced staff and their ToRs shall be accepted by the World Bank. 43. In consistence with internal supervision information and monitoring reports, the external monitoring institution shall conduct 5-20% migrants sample investigation 6 months after implementation of each RAP. The main objectives are to: Assess if the procedure of participation and compensation payment and restoration rights are implemented and if identical with the Policy Framework and RAP Assess if achieving the Policy Framework objective of raising or keeping at least the former living and income level Collect qualitative indicators of project impacts on social and economic aspects of migrants Put forward improvement suggestions on the implementation procedure of RAP to achieve the principle and objective of the Policy Framework. Word Bank Loan Project 17 Hohhot-Zhangjiakou Rapid Railway

20 Annex 1 Compensation Standards in Project Impacted Areas 1 Land Acquisition Compensation Standard 1.1 Permanent Land Acquisition Compensation Standard According to the Notice on Implementation of Land Acquisition Block Price of the People s Government of Hebei Province (Hebei Government [2008] No. 132), for the land acquisition of collective owned land according to law, the compensation expense of land shall be calculated by the block price of the land acquisition multiplying by area of land. The unused land in mountainous area and on dams is implemented by 60% of the land acquisition block price. Any unit or individual cannot raise or reduce the compensation standard arbitrarily. According to the Notice on Implementation of Uniform Annual Production Value Standard of Land Acquisition and the Comprehensive Land Price of Land Acquisition Block in the Autonomous Region of the People s Government of Inner Mongolia Autonomous Region (Inner Mongolia Government [2009] No. 129). And the Forwarding of the Notice on Implementation of Uniform Annual Production Value Standard of Land Acquisition and the Comprehensive Land Price of Land Acquisition Block in the Autonomous Region of the People s Government of Inner Mongolia Autonomous Region (Ministry of Land and Resources in Hohhot General Document 2010 No. 26), the new land acquisition compensation standard is the comprehensive compensation standard of acquisition of collective owned land. It is composed by the land compensation and resettlement compensation (not including crop compensation or compensation for objects attached to land). Each district can properly adjust the compensation standard according to the actual situation of the district in the implementation process, but it cannot be lower than the standard published by the Autonomous Region. The occupation of basic farmland shall be compensated according to the highest standard in the district. The use of state owned land shall be implemented according to standard published this time. The compensation standard for crops and objects attached to land is determined and implemented by each district according to its actual situation. Items otherwise specified shall conform to the special regulations. There is no division of category in the acquisition of collective owned land in the compensation standard of land acquisition in both Hebei Province and Inner Mongolia Autonomous Region and only government of Hebei Province points out that The unused land in mountainous area and on dams is implemented by 60% of the land acquisition block price. Therefore the above-mentioned Word Bank Loan Project Rapid Railway 18 Hohhot-Zhangjiakou

21 compensation price is the comprehensive compensation standard of acquisition of all collective owned land. According to the above-mentioned documents, see Table 1, 2 and 3 for the concrete land compensation standards in three cities along the Hohhot-Zhangjiakou Railway line. The land acquisition standard is determined on the basis of the Notice on Implementation of Land Acquisition Block Price of the People s Government of Hebei Province (Hebei Government [2008] No. 132) in Hebei Province. The average block price in the high-tech zone in Zhangjiakou is yuan/mu, yuan/mu in Wanquan County and yuan/mu in Huaian County. The land acquisition standard in Hohhot and Ulan Qab is determined on the basis of the Notice on Implementation of Uniform Annual Production Value Standard of Land Acquisition and the Comprehensive Land Price of Land Acquisition Block in the Autonomous Region of the People s Government of Inner Mongolia Autonomous Region (Inner Mongolia Government [2009] No. 129), in combination with local economic conditions and market price changes. The land requisition in Xinghe County, Chahar Right Front Banner and Zhuozi county is: Yuan/mu for irrigated land, Yuan/mu for dry land, and 6000 Yuan/mu for forest land and pasture. The land acquisition compensation standard involved in this project will conform to regulation each district shall establish the dynamic adjustment mechanism of land acquisition compensation standard to adjust the land acquisition compensation standard in every two to three years and gradually enhance the land acquisition compensation level according to the economic development level, growth rate of local average income etc. It is regulated in the Notice on Further Do the Land Acquisition Management Work Well of the Ministry of Land and Resources (June 26, 2010). Table 1 Land Compensation Standard of Affected Area in Hebei Province Area Hightech Area Wanqua n County Average Block Price (Yuan/Mu ( Word Bank Loan Project Rapid Railway Block 1(Yuan/M u( Block 2(Yuan/M u( 19 Block 3(Yuan/M u( Block 4(Yuan/M u( Huai An / Hohhot-Zhangjiakou

22 County Data source Notice of People s Government of Hebei Province on Implementing Expropriated Region Price No of Hebei Government. Table 2 Land Compensation Standard of Affected Area in Hohhot, Inner Mongolia Autonomous Region City District Hohhot New District Saihan District Block Type Average standard of comprehensive land price Comprehensive Price of Block(Yuan/Mu( I II III IV V VI Data source Notice of People s Government of Inner Mongolia Autonomous Region on Publishing and Implementing Unified Annual Output Value Standard of Land Requisition and Comprehensive Price of Land Expropriation Regions No of Inner Mongolia Government. Table 3 Land Compensation Standard of Affected Area in Wulanchabu, Inner Mongolia Autonomous Region League City Banner/County Wulanchabu City Irrigable Land (Yuan/Mu ( Dry Land (Yuan/Mu ( Forest/ Meadowy Land (Yuan/Mu( Xinghe County Chahar Right Front Banner Zhuozi County Data source Notice of People s Government of Inner Mongolia Autonomous Region on Publishing and Implementing Unified Annual Output Value Standard of Land Requisition and Comprehensive Price of Land Expropriation Regions No of Inner Mongolia Government Implementation Regulation of Resettlement and Compensation for Demolition of Rural Collective-owned Land by Industrial Zone of Charhar, Inner Mongolia Autonomous Region No of Engineering Management of Chahar, Inner Mongolia Word Bank Loan Project Rapid Railway 20 Hohhot-Zhangjiakou

23 1.2 Temporary land use compensation standard The railway project will temporarily occupy some land for station road, material storage, construction camp, soil borrow and abandon, or project construction. The temporary site will be occupied by the large scale infrastructure project for one to two years. Temporary site occupation fee will be paid to the land owner or land user (the collective or the individual). When necessary, the disadvantageous group whose land is occupied will get special help. When the temporary site is farmland, the farmer will be compensated in years according to the annual loss of agricultural yield. There is one-time compensation for the waste land, which is paid to the village collective. The land recovered for farming will be returned to the land owner when the project is completed, or the land owner will be equally paid. Compensation for temporary site is dependent on the type of land and time. It shall be discussed with the construction organization and the local government. The temporary acquired land compensation standard in Hebei Province is implemented in reference to the Assignment of Meeting Minutes of Coordination on Temporary Acquired Land along the Middle Line of South-to-North Water Diversion in Hebei Province of South-to-North water diversion Project Construction Committee of Hebei Province (Hebei Water Diversion [2009] No, 8). The food crops are compensated by 1000 yuan/mu/year, vegetables and cash crops by 1894 yuan/mu/year. The temporary land compensation standard in Inner Mongolia Autonomous Region is on the basis of the average annual production value of the occupied land categories. The time of compensation is same as the time of land occupation. According to the Meeting Minutes about the Research of Temporary Land Compensation Standard in Changhu Gas Pipeline Multiline Project (Meeting Minute 2011 No. 2) of the government of Hohhot city, the temporary land compensation is 6500 yuan/mu/year for farmland and 6000 yuan/mu/year for other types of lands. The temporary land compensation in three counties under Ulan Qab is 10% of the permanent land requisition compensations standard (2800 Yuan/mu for irrigated land, 1500 Yuan/mu for dry land, and 600 Yuan/mu for forest land and pasture. (see Table 4) Word Bank Loan Project Rapid Railway 21 Hohhot-Zhangjiakou

24 Table 4 Compensation Standard of Temporary Land Use Province/Region Hebei Province Inner Mongolia Autonomous Region City Zhangjia kou City Hohhot City Ulan Qab County/Bann er Wanquan County Huai An County Details Compensa tion Standard (Yuan/Mu /Year( Cereal crops 1000 Vegetable, economic crops Cultivated land Saihan District New District Other types of land Cultivated Xinghe County land Chahar Right Cultivated Front Banner land Zhuozi County Cultivated land % of the permanent land requisition compensati ons standard (2800 Yuan/mu for irrigated land, 1500 Yuan/mu for dry land, and 600 Yuan/mu for forest land and pasture. 1.3 Crop compensation standard The crop compensation is on the basis of the production value per acre of land categories and impacted times of crop, see Table 5 for details. The crop compensation in Hebei Zhangjiakou and Inner Mongolia Hohhot is determined on the basis of crop compensation standards in the key projects in recent years in these areas. The compensation standard of young crops is calculated according to one year production value, which includes production value of young crops in two seasons and shall be compensated by seasons. The crop compensation is 1000 yuan/mu/year for young crops and 1894 yuan/mu/year Word Bank Loan Project Rapid Railway 22 Hohhot-Zhangjiakou

25 for land of vegetables and cash crops in Zhangjiakou. The young crop compensation standard in Hohhot is 6500 yuan/mu/year and 1500 Yuan/mu for dry lands in three counties in Ulan Qab. Table 5 Summary Table of Young Crop Compensation Standard Province/Region City Details Hebei Province Inner Mongolia Autonomous Region Zhangjiakou City Hohhot City Wulanchabu City Wanquan County Huai an County Saihan District New District Xinghe County Chahar Right Front Banner Zhuozi County Crop Compensation (Yuan/Mu/Year( Food crop 1000 Vegetable, economic crops 1894 Vegetable 6500 Other kinds Farmland Farmland Farmland % of the permanent land requisition compensations standard (2800 Yuan/mu for irrigated land, 1500 Yuan/mu for dry land 2 Compensation Standards for Housing Demolition and Accessory Objects on Ground 2.1 Housing Demolition Compensation Standard In Zhangjiakou, the resettlement is mainly through means of cash compensation and form of uniformly planning and self-construction. The compensation standard for rural housing demolition is determined on the basis of the location, application, building area, floor area, building structure, orientation, supporting Word Bank Loan Project Rapid Railway 23 Hohhot-Zhangjiakou

26 facilities, decoration and other factors of the houses to be demolished according to the estimated real estate market price (see Table 6). In Inner Mongolia Autonomous Region, according to the Collective Owned Land Compensation and Resettlement Procedures in Hohhot City (Hohhot Government Published 2010 No. 15). See Table 6. Since the house price changes a lot with market fluctuation, to better protect the profits of the demolition households, the compensation is based on the latest compensation price in concrete implementation of housing demolition. Table 6 Compensation Price of House Demolition for Hohhot-Zhangjiakou Railway Province/Regi on Hebei Inner Mongolia Autonomous Region League City Zhangjiak ou Hohhot Wulancha bu Banner/Cou nty High-tech District Wanquan County Huai An County Saihan District New District Xinghe County Chahar Right Front Banner Unit:Yuan/m 2 House Structure All structures Compensati on Standard According to market assessment Brickconcrete 760 Brick-wood 700 Civil 620 Brickconcrete, 1050 brick-wood Civil 1030 All structures 900 All structures Current evaluation price Zhuozi County All structures Word Bank Loan Project Rapid Railway 24 Hohhot-Zhangjiakou